R-91-744
CITY OF CLERMONT •
RESOLUTION ~..
NO. 744 ~~"
~,G,~,,.~,y ~Z - / 0 - 9 t
A RESOLUTION OF THE CITY OF CLERMONT, LAKE COUNTY,
FLO~IDA, PERTAINING TO LAKE COUNTY SOLID WASTE TIPPING
FEES; DETERMINING THAT SAID LAKE COUNTY SOLID WASTE
TIPPING FEES HAVE A DISPROPORTIONATE IMPACT UPON THE
CITIZENS OF THE CITY OF CLERMONT DUE TO THE CITY'S
MANDATORY ~OLID WASTE COLLECTION ORDINANCE; ESTABLISHING
THE AMOUNT OF~SAID DISPROPORTIONATE IMPACT; ESTABLISHING
THE DURATION CTF.' SAID DISPROPORTIONATE IMPACT; PROVIDING
FOR THE WITHHOLbING OF FUTURE LAKE COUNTY SOLID WASTE
TIPPING FEES AS k SETOFF AGAINST PAST DISPROPORTIONATE
TIPPING FEES PAID B THE CITY OF CLERMONT TO LAKE COUNTY;
PROVIDING FOR A RED TION IN PAYMENT OF FUTURE SOLID
WASTE TIPPING FEES E AL TO THE PERCENTAGE OF THE
DISPROPORTIONATE IMPACT A~ DETERMINED HEREIN; PROVIDING
FOR RECONSIDERATION HEREOF UPON LAKE COUNTY'S
IMPLEMENTATION OF AN EQUITA~B~,E MANDATORY SOLID WASTE
ASSESSMENT IN THE UNINCORPORA D AREAS OF LAKE COUNTY;
PROVIDING AN EFFECTIVE DATE. ~
WHEREAS, the City of Clermont, by Ordina a No. 161-C, adopted
December 6, 1957, imposed mandatory solid wa a collection within
its corporate limits, the cost of which i ;ncluded in and
collected by monthly utility billings, and
WHEREAS, the Lake County cities of Clermont, Eust , Fruitland
Park, Groveland, Howey-in-the-Hills, Leesburg, Minn la, Mount
Dora, Tavares and Umatilla (the "Mandatory Collection~`Cities"),
represent 83~ of the incorporated population of Lake Coui'fty, and
likewise impose by ordinance mandatory solid waste collection and
billing within their respective corporate limits, and
,`
WHEREAS, the City of Clermont independently and through the Lake
County League of Cities has made repeated requests of Lake County
to implement mandatory collection and tipping fee assessments in
the unincorporated areas of Lake County, and
WHEREAS, the City of Clermont, (and the other Mandatory Collection
Cities) pursuant to the mandates of Section 21-62 of the Lake
County Code (the "Waste Flow Ordinance") is required to deliver all
solid waste collected within its corporate limits to a solid waste
disposal facilities designated by Lake County, and
WHEREAS, Lake County charges the City of Clermont, (and other
Mandatory Collection Cities) a volume fee for disposal of all said
solid waste (the "Tipping Fee"), which tipping fee is currently $40
per ton, and
WHEREAS, Lake County has failed and refused to enact legislation
imposing mandatory solid waste collection and tipping fee
assessments upon the unincorporated residents of Lake County, and
WHEREAS, as a direct and proximate result of Lake County's failure
to enact mandatory solid waste collection and tipping fee
assessment ordinances, a significant amount of solid waste
generated in the unincorporated areas of Lake County is not
delivered to the designated Lake County solid waste disposal
facilities, and
CITYOF CLERMONT
RESOLUTION
No. 744
Page -2-
WHEREAS, as a result of the foregoing, the cost of the Lake County
solid waste disposal facilities, including the Incinerator, which
is borne by tipping fees, is disproportionately and inequitably
higher to the residents of the City of Clermont (and other
Mandatory Collection Cities) than it is to non-participating
residents of the unincorporated areas of Lake County, and
WHEREAS, Lake County has acknowledged the disproportionate
financial impact caused to the City of Clermont (and the other
Mandatory Collection Cities) but has nevertheless failed to enact
mandatory solid waste collection and special assessment
legislation, and
WHEREAS, the degree if inequity to the City of Clermont (and the
other Mandatory Collection Cities) has been determined by the Lake
County League of Cities (based on studies performed and data
collected by various Lake County consultants) to be a minimum of
27~ of the tipping fee, and
WHEREAS, the inequity described herein has persisted from March 1,
1991 to the present (the "Past Inequity"), and will continue to
persist, regardless of the amount of the tipping fee (the "Future
Inequity"), until and unless Lake County enacts mandatory solid
waste collection and assessment ordinances effective in the
unincorporated areas of Lake County, and
WHEREAS, the City of Clermont has determined that it is in the best
interest of its citizens to setoff against future solid waste
tipping fees charged by Lake County the amount of the Past Inequity
and, further, to setoff against future solid waste tipping fees the
Future Inequity, until the disproportionate impact is corrected.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF CLERMONT, LAKE
COUNTY, FLORIDA:
1. All of the foregoing recitals are incorporated
herein and made a part hereof.
2. From March 1, 1991, to the present date, Lake
County has charged and collected from the City
of Clermont solid waste tipping fees totalling
$82,498.88. The City determines that 27$ of
that total sum, or $22,274.70, constitutes an
improper and inequitable overcharge resulting
from Lake County's failure to enact mandatory
solid waste collection and assessment
legislation, and further determines that the
City of Clermont is entitled to a credit
against future tipping fees in the amount of
the overcharge.
3. The City of Clermont determines that until and
unless Lake County enacts mandatory solid
waste collection and assessment legislation,
all future solid waste tipping fees charged to
the City will include an improper and
inequitable overcharge in the amount of 27$ of
the tipping fee. The city further determines
that it is entitled to a credit in the amount
CITY OF CLERMONT
RESOLUTION
No. 744
Page -3-
of the overcharge.
4. The City Staff is hereby directed to setoff
against future Lake County solid waste tipping
fee charges the amount of the Past Inequity,
as determined herein, until said amount has
been credited in full. Thereafter, the City
Staff is hereby directed to pay only 73$ of
subsequent solid waste tipping fee charges
imposed by Lake County.
5. The 27~ reduction in future Lake County solid
waste tipping fees shall continue in full
force and effect until such time as Lake
County implements equitable mandatory solid
waste collection and assessment ordinances
applicable to the unincorporated areas of the
County, at which time this Resolution shall be
reconsidered.
DONE AND RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE
COUNTY, FLORIDA, THIS DAY OF , 1991.
Robert A. Pool, Mayor
Attest:
Joseph E. Van Zile, City Clerk