O-174-C
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ORDINANCE NO.. 174-C
AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT,
LAKE COUNTY, FLORIDA, AMENDING ARTICLE II OF CHAPTER 25, PROVIDING
FOR EXTENSION OF WATER AND SEWER LINES; REPEALING ALL ORDINANCES
IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING FOR
AN EFFECTIVE DATE; AND PROVIDING FOR PUBLICATION.
The City Council of the City of Clermont, Lake County, Florida, hereby ordains
that:
SECTION 1.
Article II of Chapter 25 of the Code of Ordinances is hereby amended to read as
follows:
A. SECTION 25-41. PURPOSE.
The intent and purpose of this article is to provide an equitable charge for
water and sanitary sewer connections as a proportionate distribution of costs of water
and sanitary sewer main extensions to serve property in the City. This article shall
apply only to property within the City limits and shall not apply to extension of water
or sewer lines to serve property outside the City of Clermont.
B. SECTION 25-42. CHARGES ESTABLISHED.
The City Council shall from time to time by resolution set water and sewer
connection fees on a front foot formula. The sewer connection fee established by this
section shall not apply to property previously assessed for sewer service, or to property
for which the sewage collection system is constructed without cost to the City.
In case property or a tract of land is so situated or shaped that the front
foot rule creates an inequitable basis as between it and other tracts of land in the City,
then the City Council, on the advise of the City Manager, shall determine fees in accord
with the intent and purpose of this article.
C. SECTION 25-43. APPROVAL OF CITY COUNCIL.
No water distribution lines or sewer collection lines shall be extended at
the cost of the City of Clermont without first obtaining approval of the City Council,
except that the City Manager is hereby authorized to cause to be constructed sewer
and water line extensions up to 100 feet per customer when the ~ost of such extension
is reasonable related to the amount collected by the City on the front foot basis
estabilshed by this article.
D. SECTION 25-44.
When the City Council determines that the cost of constructing water or
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ORDIN~CR NO. 174-C
sewer line extensions exceeds and is not reasonably related to the front foot charges
set out in this article, the City may enter into an agreement with the property
owner or developer as follows, the terms of which shall govern charges for water and
sewer line extensions and shall supersede charges authorized by Section 25-41 of this
article.
AGREEMENT
This agreement made and entered into this
day of
1978, by and between the City of Clermont, a duly constituted municipal corporation
of the State of Florida, hereinafter referred to as THE CITY, and
hereinafter referred to as THE CUSTOMER.
WITNESSETH THAT:
For and in consideration of the mutual covenants and agreements herein set forth,
and for other good and valuable consideration by each of the parties hereto, it is
contracted, covenanted and agreed as follows:
THE CITY hereby agrees to plan, construct, or accept a water and/or sewer
extension from
to
for
an est!llated cost of
DOLLARS and
CENTS, ($
)
to be paid in full by THE CUSTOMER by deposit with THE CITY for said water and/or
sewer extension.
THE CITY also agrees to refund, upon completion and acceptance by THE CITY and
1
sewer extension, !
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Florida Department of Environmental Regulation of said water and/or
any monies so deposited by said CUSTOMER with THE CITY in excess of the actual con-
struction and engineering costs.
THE CITY hereby further agrees to require any additional customers who may desire
and receive water and/or sewer service from said water and/or sewer extension between
the points of beginning and ending above described to pay, as a connection fee, the
pro rata foot costs of the construction of the water and/or sewer extension extending
across, or the length of, or the width of any additional customer~s real property.
The pro rata per foot costs so collected by THE CITY from additional customers to
the above described water and/or sewer extension will be refunded to the CUSTOMER as
received, to defray the cost of said water and/or sewer extension.
The term of this contract shall be for five (5) years from the date hereof, and
it is not to be construed to be a contingent liability upon the revenues from water
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.ORDINANQ':: NQ._ J.}4.,C
sales, sewer revenue, bonded indentures, or water and sewer deposit monies received
by the Utility Fund of the City of Clermont, Florida.
E. SECTION 25-45 OVERSIZE LINES.
When the cost in installing water and sanitary sewer main extensions is borne
by the CUSTOMER, and the CUSTOMER is required to install larger lines or facilities
than necessary to serve his property in order to provide for future development, the
difference in costs between installing facilities adequate for the property and the
oversize lines shall be borne by the City.
SECTION 2.
All ordinances or parts of this Ordinance in conflict herewith are hereby repealed.
SECTION 3.
Should any section or part of this section be declared invalid by any Court of
competent jurisdiction, such adjudications shall not apply or affect any other
provision of this Ordinance, except to the extent that the entire section or part
of the section may be inseparable in meaning and effect from the section to which
such holding shall apply.
SECTION 4.
This Ordinance shall be published as provided by law and it shall become law and
shall take effect 30 days from.the date of its Second Reading and Final Passage.
First Reading this 11th day of APRIL , 1978.
Second Reading this 9th day of MAY , 1978.
PASSED AND ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY,
FLORIDA, THIS
9th DAY OF
MAY
, 1978.
CITY OF CLERMONT
BY:
CLAUDE E.
(Jf
ATTEST:
Grz(1-¥A) ¿J. {;¡M,,{Q J
DOLORES W. CARROLL - City Clerk
APPROVED BY ME THIS
9th
DAY OF
, 1978.
CLAUDE E. SMOAK, JR., - Mayor
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ORDINANCE' NO. 174-C'
CERTIFICATE OF PUBLICATION
I HEREBY CERTIFY that a certified copy of the foregoing Ordinance No. 174-C
was published on the 20th day of April, 1978 in a newspaper of general
circulation located within the City of Clermont, as required by Florida Statutes
166.041(3)(a), said date of publication being 14 days prior to the Second Reading
and Final Adoption of the Ordinance.
OÛ,;,o.J 4/ (;AAjP /
DOLORES W. CARROLL - CITY CLERR