Ordinance No. 2024-043d'
CLER%NT CITY OF CLERMONT
.� ORDINANCE NO.2024-043
1 AN ORDINANCE OF THE CITY OF CLERMONT, FLORIDA,
2 AMENDING THE CODE OF ORDINANCES OF THE CITY OF
3 CLERMONT AMENDING CHAPTER 121 "UTILITIES" TO CREATE A
4 NEW SECTION 121.101 "NATURAL GAS INSTALLATION"; PROVIDING
5 FOR INSTALLATION OF NATURAL GAS LINES WITHIN
6 SUBDIVISIONS OR RE -SUBDIVIDED AREAS; PROVIDING FOR
7 DEVELOPER PAYMENT OF COSTS OF INSTALLATION AND
8 MATERIALS; PROVIDING FOR COST SHARING FOR GAS MAIN
9 EXTENSIONS UNDER CERTAIN CONDITIONS; PROVIDING FOR
10 CONSTRUCTION OF INSTALLATION AND MAIN EXTENSION;
11 PROVIDING FOR EASEMENTS AND PERMITS; PROVIDING FOR
12 OWNERSHIP AND MAINTENANCE; PROVIDING FOR
13 APPLICABILITY, CONFLICT, CODIFICATION, ADMINISTRATIVE
14 CORRECTION, SEVERABILITY AND PUBLICATION AND EFFECTIVE
15 DATE.
16 WHEREAS, pursuant to Article VIII, Section 2 of the Florida Constitution and Chapter
17 166 of the Florida Statutes, the City of Clermont is authorized and required to protect the public
18 health, safety and welfare of its citizens and has the power and authority to enact regulations for
19 valid governmental purposes that are not inconsistent with general or special law;
20 WHEREAS, natural gas provides an affordable, reliable, environmentally friendly and
21 efficient alternative means of addressing the energy needs of citizens and residents of the City of
22 Clermont, Florida;
23 WHEREAS, natural gas provides a reliable source of meeting energy needs after hurricane
24 and storm events that may affect the safety and well-being of the residents of the City of Clermont,
25 Florida;
26 WHEREAS, many individuals moving to the City of Clermont, Florida, have previously
27 enjoyed natural gas appliances in their homes and businesses, and desire to continue to utilize
28 natural gas appliances as citizens and residents of the City of Clermont, Florida;
29 WHEREAS, the costs of installing natural gas infrastructure in already developed
30 subdivisions, and retrofitting existing homes to allow homeowners to use natural gas appliances
31 may be too expensive to allow the citizens and residents of the City of Clermont to do so;
32 WHEREAS, the costs of installing natural gas infrastructure in subdivisions up -front, as
33 they are being constructed, are significantly lower than the costs of retrofitting developments after-
34 the -fact;
35 WHEREAS, the citizens and residents of the City of Clermont benefit from the freedom
36 of choice among appliances and energy sources, as well as the lower energy costs for natural gas;
ALE ' M, CITY OF CLERMONT
ch ORDINANCE N0. 2024-043
37 WHEREAS, the Lake Apopka Natural Gas District is the natural gas provider for the
38 geographical area of the City;
39 WHEREAS, the City is a member municipality of the Lake Apopka Natural Gas District,
40 with representation on the Board of Commissioners of the Lake Apopka Natural Gas District;
41 WHEREAS, the territorial limits and area of service of the Lake Apopka Natural Gas
42 District embrace and include the geographical boundaries of the City;
43 WHEREAS, the Board of Commissioners of the Lake Apopka Natural Gas District have
44 considered, and unanimously support the adoption of this model ordinance by each of the member
45 municipalities;
46 WHEREAS, the City Council of the City of Clermont finds and declares that it is in the
47 best interest of the citizens of Clermont and the community to create and authorize an
48 administrative board as authorized by Florida Law and to be known as the Public Nuisance
49 Abatement Board.
50 NOW, THEREFORE, BE IT ORDAINED by the City Council of the city of Clermont,
51 Florida:
52 SECTION 1:
53 The foregoing Whereas clauses are hereby ratified and incorporated as the legislative intent and
54 findings supporting this Ordinance.
55 SECTION 2:
56 Chapter 121, "Utilities" is hereby amended to create Section 12 1. 10 "Natural Gas Installation" of
57 the Code of the City of Clermont, Florida as follows: (note strikethrough indicates removed words
58 and underlined indicates added)
59 Sec. 78-3. - Natural Gas Installation.
60 (a) Generallv. Pursuant to the reauirements of this section. natural gas distribution line
61 installation and natural gas main extension shall be reauired in all new nlatted
62 subdivisions and re -plats of existing subdivisions over twentv-five lots where natural
63 gas mains are currentiv located within 1.000 feet of the exterior boundary of the
64 proposed subdivision.
65 (b) Cost oflnstallation.
66 (1) Natural Gas Distribution Lines and Facilities. The cost of installation. including
67 construction and materials. of all natural gas distribution lines and appurtenances
68 within the propertv must be borne by the developer or applicant.
d=
CLERWOM, CITY OF CLERMONT
; ORDINANCE NO.2024-043
69
(2) Natural Gas Mains. The cost of extension of an existing natural gas main along
70
the entire public road frontage of vrovertv and uv to one hundred feet beyond the
71
Dropertv boundaries shall be borne by the develover or avvlicant. The cost to
72
extend the existing natural gas main more than one hundred feet to the boundaries
73
of the provertv will be borne by the Lake Avovka Natural Gas District. New vlatted
74
subdivisions or re-vlats of existing subdivisions shall not be required to install
75
natural gas lines where the Lake Apopka Natural Gas District has determined that
76
service is not within 1.000 feet of exterior boundaries of the propertv.
77 (3) Construction. Construction of natural gas distribution line installation and main
78 extension shall be performed by the Lake Apopka Natural Gas District and/or its
79 designee pursuant to an agreement between the apvlicant or developer and the Lake
80 Avovka Natural Gas District. Before the Lake ADoDka Natural Gas District and/or
81 its designee commences any natural gas installation and/or main extension
82 construction, the cost for labor and materials, as estimated by the Lake Avovka
83 Natural Gas District's engineer, must be vaid by the develover or avvlicant to the
84 Lake Apopka Natural Gas District in cash or a bond sufficient to cover the cost of
85 construction. The cost will be determined from the point of the nearest available
86 natural gas supply to the subdivision. Any excess vavment or underpavment will
87 be refunded or invoiced uvon completion of installation.
88 (c) Easements and Permits. The develover or aDDlicant shall dedicate public utility
89 easements as necessary within the subdivision to accommodate the constructing.
90 operating and maintaining the natural gas viveline distribution system within the
91 vropertv. The Lake Avovka Natural Gas District shall obtain all required permits and
92 authorizations from the City for installation of the natural gas pipeline system.
93 Ownership and Maintenance. All distribution mains, lines, services and other installations on the
94 inlet/upstream/street side of the meter, as well as the meter, shall be the Dronerty of the Lake
95 ADODka Natural Gas District, who shall be responsible for their safe operation and Drover
96 maintenance. All facilities on the outlet/downstream/house side of the meter, including the house
97 piping system and all natural gas aDDliances, shall be the nroDertv of the builder and/or their
98 assigns, who shall be responsible for safe operation and Drover maintenance of all such facilities.
99 SECTION 3: APPLICABILITY
100 This ordinance shall not apply to any subdivision or re -subdivision which is subject to a plat
101 approved in accordance with all current, applicable requirements of the City's land development
102 regulations as of the effective date of this ordinance.
103
104
CLE NT
Chased Chnpiae
105 SECTION 4: CONFLICT
CITY OF CLERMONT
ORDINANCE NO.2024-043
106 All ordinances or parts of ordinances, all City Code sections or parts of City Code sections, and
107 all resolutions or parts of resolutions in conflict with this Ordinance are hereby repealed to the
108 extent of such conflict.
109 SECTION 5: CODIFICATION
110 The text of Section 2 of this ordinance shall be codified as a part of the Clermont City Code The
111 codifier is authorized to make editorial changes not effecting the substance of this ordinance by
112 the substitution of "article" for "ordinance", "section" for "paragraph", or otherwise to take such
113 editorial license.
114 SECTION 6: ADMINISTRATIVE CORRECTION
115 Regardless of whether such inclusion in the Code as described in Section 4 is accomplished,
116 Section 2 of the Ordinance may be re -numbered or re -lettered and the correction of typographical
117 and/or scrivener's errors which do not affect the intent may be authorized by the City Manager or
118 designee, without need of public hearing, by filing a corrected or re -codified copy of same with
119 the City Clerk.
120 SECTION 7: SEVERABILITY
121 If any portion of this ordinance is declared invalid or unenforceable, then, to the extent it is possible
122 to do so without destroying the overall intent and effect of this ordinance, the portion deemed
123 invalid or unenforceable shall be severed herefrom, and the remainder of this ordinance shall
124 continue in full force and effect as if it were enacted without including the portion found to be
125 invalid or unenforceable.
126 SECTION 8: PUBLICATION AND EFFECTIVE DATE
127 This Ordinance shall be published as provided by law and it shall become law and shall take
128 effect immediately upon its Second Reading and Final Passage.
129 First Reading this 12a' day of November 2024.
130 Second Reading this 10t' day of December 2024.
131
132
133
134
C=
CLERMONT CITY OF CLERMONT
ORDINANCE NO.2024-043
135 PASSED AND ADOPTED by the City Council of the City of Clermont, Lake County,
136 Florida on this 1 Oth day of December, 2024.
137
138
139
140
143S.�
144-''�
145
146 `'EST:' `
147
148
149
150
151 Tracy Ackroyd Howe, MMC
152 City Clerk
153
154
155
156
157 APPROVED AS TO FORM AN LEGALITY:
158
159
160 Christian augh, I rim City Attorney
161
CITY OF CLERMONT
Tim Murry, Mayor