Loading...
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-