O-55-142
ORDINANCE NO. 142
..
AN ORDINANCE AMENDING CHAPTER XX OF THE REVISED GENERAL
ORDIANCES OF THE CITY OF CLERMONT,_ BEING AN ORDINANCE
REGULATING THE RATES FOR WATER CONSUMED FROM THE WATER
SUPPLY TREATMENT AND DISTRIBUTION SYSTEM OF THE CITY OF
CLERMONT, LAKE COUNTY, FLORIDA; REQUIRING ALL CONSUMER
LINES TO BE METERED; REQUIRING METER DEPOSITS; PROVIDING
EFFECTIVE DATE AND REPEAL OF CONFLICTING ORDINANCES AND
OTHER MATTERS RELATING THERETO; PROVIDING FOR PENALTIES
FOR THE VIOLATION OF ANY PROVISION OF THIS ORDINANCE.
BE IT ORDAINED AND ESTABLISHED BY THE COUNCIL OF THE CITY
OF CLERMONT, LAKE COUNTY, FLORIDA:
SECTION A:
That Chapter XX of the Revised General
Ordinances of the City of Clermont be amended to read as
follows:
SECTION 1: METERS - DEPOSITS
(a) Every consumer of water from the Water Supply
Treatment and Distribution System of the City of Clermont
shall and is hereby required to have installed by the City
of Clermont a water meter in the consumer line. The meter
shall be and always remain the property of the City of Clermont.
(b) A meter deposit shall be required to be paid
in cash in advance of the consumer connection being made to
the Water System serving all rental, business and residential
property in the amount of:
Meter Size
Deposit
Up to 1", incl.
$10.00
Over 1" the deposit shall be established
by the Council in the same manner as
provided in Section 2(a) hereafter.
(c) All meter deposits shall be paid to the City
.
of Clermont and by it deposited in any bank, trust company,
or Building and Loan Association but must be designated as
"Meter Deposit" account or fund. Same may be invested in
United States Government Bonds. The City retains all inter-
est earned therefrom and refund, when necessary, all deposits
without interest. These funds cannot be borrowed from or
..
..
used in any manner by the City.
(d) Failure of any consumer to pay any delinquent
water account shall give the City the right to credit the
meter deposit to the delinquent account, discontinue the
service and refund the balance, if any, to the person entitled
to same, or take such legal action as is necessary to collect
any unpaid balance after crediting said meter deposit.
(e) A lessor's deposit shall not be liable for
lessee's delinquent account unless assigned to the lessee or
in writing is made liable for same by the lessor.
(f) No water service shall ever be restored to a
consumer until all delinquent water accounts have been paid
in full together with the required meter deposit, and payment
of $1.00 service charge or fee, as provided for in Section
3(d) hereafter.
(g) In the event anyone consumer allows three (3)
or more monthly accounts to become delinquent in any part
of a calendar year, the City Council shall have the authority
to require the consumer to pay a meter deposit or to pay
double the amount of present meter deposit.
SECTION 2: SERVICE OR CONNECTION CHARGES
(a) The City Council. shall establish service or
connection charges to be paid in advance by the consumer.
They shall be posted with the City Clerk and may be estab-
Ii shed or amended at any Council meeting by Resolution,
Ordinance, or by Motion duly made and carried by .a 4/5ths
vote of the entire Council membership. When so established,
altered, or amended ~hey shall remain in full force and
effect until amended or rescinded.
(b) Water service may be discontinued by any
consumer for any\period not less than one calendar month
. "
(from first of one month to first of following month, or
-2-
..
..
from the 15th of one month to the l5th of the following month)
and for such additional months as requested upon due notice
to the City Clerk whereupon the Clerk will direct the consum-
er's meter to be read and the service discontinued and the
consumer shall be billed at the next billing date for water
metered. Upon consumer's request for the resumption of water
service the Clerk will cause the meter to be read, the ser-
vice "turned-on" and the City Clerk will, at the next billing
date, charge the consumer a fee of $l.OO for restoration of
the service. Failure of the consumer to pay this fee shall
place his account delinquent and service may be discontinued
by the City in the same manner as provided in this Ordinance
as if said consumer had become delinquent in payment of water
metered and billed. No consumer shall "turn-on" or "turn-off"
his water service, without being in viõlation of this ordin-
ance and subject to the penalty as provided in Section 4
hereof, except same be "turned-off" and "turned-on" again
under the circumstances as outlined in sub-paragraph (j)
hereof.
(c) All connection, service charges and fees
collected and provided for in this section shall be credited
to the City's General Water Revenue account.
(d) All consumer connections to the City's Water
System or plant shall always be made only by the City.
(e) Service connections shall be from the main to
the nearest property line, but said service line distance shall
not exceed lOO feet. Beyond lOO feet the Council may, in
its discretion, require additional service connection charge
as established or determined by them under Paragraph (a)
herein.
(f) In the event it is determined more practical
-3-
..
to install a service connection line across the property
of any other person, firm or corporation, the consumer
desiring the service shall provide the City with an ease-
ment of adequate width f or the construction and maintenance
of said line.
(g) All service connection lines shall be and are
hereby declared to be a part of the City's Water System and
shall always remain the property of the City of Clermont.
(h) Nothing herein shall prevent the City from
removing any service connection line for the purpose of
re-locating same.
(i) The installation of the water meter in the
service connection line on the property of the consumer or
on the property of another, as provided in Paragraph (f)
hereinabove shall in no way vest the title of the meter in
the owner or owners of the property upon which said meter
is installed.
(j) No person, firm or corporation shall "turn-on"
the consumer's supply of water after it has been "turned-off"
for any reason whatsoever by the City of Clermont. Nothing
..
herein shall prevent any person, firm or corporation, or the
authorized employee, contractor, or sub-contractor of the
consumer from "turning-off" said water supply for the purpose
of repairs, extensions or modifications of the consumer's
plumbing, and thereafter, when completed, to turn same back on.
Any person violating the provisions of this
sub-paragraph, even if authorized or directed by the consumer,
shall be guilty of violating this ordinance and shall be pun-
ished in accordance with penal provisions in Section 6(b)
hereafter.
SECTION 3: WATER RATES - BILLS
(a) Minimum Monthly Bill: Each monthly bill shall
be rendered for an amount not less than $3.50 which will
-4-
,
..
allow for the use or consumption of 2,000 metered gallons
of water.
(b) ~er Rate: The following meter rates shall
be appli cable to all quantities of water used or consumed
in excess of that allowed under the Minimum Bill as shown by
monthly meter readings to have been delivered:
Monthly Usaqe Rate per M Gallons
First 8,000 gallons $ .25
over 8,000 gallons $ .15
(c) All meters shall be read on or before the
last day of the month and each consumer shall pay the amount
billed on or before the lOth day of the following month.
(d) All unpaid consumer accounts shall be delinquent
at the close of business on the lOth day of the month follow-
ing the month the water is supplied and the water service may
be discontinued by the City, and shall not again be restored
until all sums due the City have been paid in full, plus the
additional charge or fee of $1.00 for restoring or "turning-
..
on" the consumer service. If the delinquent bill has been
deducted from the meter deposit, as provided in Section 1
hereinabove, all delinquent sums, plus the required meter
deposit, plus said $1.00 charge or fee for restoring the
water service to the delinquent consumer.
In no case shall monthly bills be allowed to
accumulate against the meter deposit.
(e) Nothing in this Section shall prevent the City
Clerk, with consent of the Council, districting or zoning the
City for the purpose of staggering the reading of meters and
billing for water consumed, however, no meter shall be read
or a consumer billed for metered water for less than a 30-day
period irrespective whether said period is within one t~len-
dar month or fractional part of two consecutive months unless
_5-
~
..
service has been discontinued by consumer under Paragraph (b)
of Section 2 hereof. In case of staggered meter reading and
billing the consumer shall pay the amount billed on or before
the 10th day following the period for which billed. The pro-
visions set forth in sub-paragraphs (c) and (d) of this Section
shall also apply to this sub-paragraph in every respect as if
the provisions herein had therein been specifically provided
for.
..
(f) All water bills or accounts shall be paid to
the Clerk of the City of Clermont during the business hours
of the office. The Council shall cause receipts to be issued
for all sums paid on water accounts.
SECTION 4: Y!QbATIONS - PENðbIX
(a) Any person, firm or corporation convicted of
the vkiation of any of the provisions of this ordinance shall
be punished by a fine of not less than Ten Dollars ($lO.OO)
nor more than Two Huhdred Dollars ($200.00), or by imprison-
ment for not more than thirty (30) days or by both such fine
and imprisonment at the discretion of the Judge of the City
or Municipal Court. Each day such violation is committed,
or permitted to continue, shall constitute a separate offense
and shall be punishable as such hereunder.
SECTION 5: SEPARABILITY
(a) If any section, sub-section, sentence, clause,
phrase or portion of this ordinance is for any reason held
invalid or unconstitutional by any Court of competent juris-
diction, such portion shall be deemed a separate, distinct
and independent provision and such holding shall not affect
the validity of the remaining portions thereof.
SECTION 6: EFFECTIVE DATE - REPEAL OF CONFLICTING ORDINANCES.
(a) This ordinance shall become effective at 12:01 A.M.
-6-
...
..
on Tuesday, November 1, 1955.
(b) All ordinances or parts of ordinances in con-
flict with this ordinance or any part thereof are hereby
expressly repealed.
- v- - - - - - - - - - - - - - -
- - - - - - - -
- - -
PASSED AND ADOPTED by the City Council of the City
of Clermont at an Adjourned Regular Meeting held on Monday,
October 24, 1955.
./
President of City Council
.
ATTEST' ¡~. ."
_ _ _ _ _ :Y~k_ _ _ _ _ _ _
------
- - - -
- - - -
RECEIVED and APPROVED by me, this October 24, 1955.
ß~ /f)J,
Mayor
City of
-----
- - - - - - - - - - - - - - - - - - - - - - - - -
The undersigned HEREBY CERTIFIES the foregoing
Ordinance was posted as required by the Charter andlor
Ordinances of the City of Clermont in effect at time of
passage and approval of this Ordi~e.
tØf~ elor>
--
.-,
..
-7-