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O-326-C ... 1 the unincorporated area of Lake County; established the City of Clermont Utilities Service District, which encompassed specified property within WHEREAS, the City of Clermont on February 25, 1992 adopted Ordinance No. 273-C which business within said area to connect to such systems; by ordinance and to prescribe reasonable regulations requiring all persons or corporations living or doing WHEREAS, pursuant to Chapter 180, the City of Clermont is authorized to create a zone or area any existing municipalities; all of its corporate powers to provide water and wastewater services outside its corporate limits, excluding . WHEREAS, pursuant to Chapter 180, the City of Clermont is authorized to extend and execute Ordinance No. 273-C; outside its corporate limits and desires to expand its current service area established pursuant to City has the present ability and capacity to effectively provide improved water and wastewater service WHEREAS, as a direct consequence of this investment in water and wastewater facilities, the system outside the corporate limits of the City of Clermont; have been completed. These improvements have increased the capacity of the water and wastewater WHEREAS, the vast majority of the capital improvements to the water and wastewater system refund outstanding bonds, which had been used to provide water and wastewater capital expenditures; wastewater impact fees, was to fund water and wastewater capital improvements and expansions and Series issuance of the 2000 Bonds, together with all other available unrestricted revenues and water and Sewer Revenue and Refunding Bonds, Series 2000. ("Series 2000 Bonds"). The primary purpose of the authorized the issuance of approximately $17 million dollars in City of Clermont, Florida, Water and . WHEREAS, the City of Clermont, on November 21, 2001 adopted Resolution No. 901 which services to residential and commercial customers both within and outside the corporate limits; WHEREAS, the City of Clermont owns and operates water and wastewater facilities providing , AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CLERMONT PURSUANT TO CHAPTER 180, FLORIDA STATUTES (2000), REESTABLlSIllNG THE CLERMONT UTILITIES SERVICE DISTRICT; EXP ANDING THE BOUNDARIES OF THE DISTRICT; AUTHORIZING THE EXTENSION OF MUNICIPAL UTILITIES WITIllN THE DISTRICT; REQUIRING ALL PERSONS OR CORPORATIONS LIVING OR DOING BUSINESS WITIllN THE DISTRICT TO CONNECT TO THE CITY WATER AND WASTEWATER SYSTEM WHEN AVAILABLE; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. ~ CODE ORDINANCE NO. 326-C CITY OF CLERMONT . . ,-. , - , . .' ~'"-. , ~"" · · · ~ ~"... . . -<'" WHEREAS, on January 28th, 2003, the City of Clermont adopted Ordinance No. 323-C which expanded the previously established boundaries of the City of Clermont Utilitity Service District; WHEREAS, a dispute has arisen between the City of Clermont and a private utility company, , Lake Utility Service, Inc., concerning their respective service areas; WHEREAS, it is in the interest of the citizens of the City of Clermont and Lake County to resolve these disputes so that water and wastewater service may be provided in an efficient manner and that the City of Clermont and Lake Utility Service, Inc. may effectively plan for the future needs of the citizens of Lake County; WHEREAS, an adjustment in the boundaries of the City of Clermont Utility Service District and clarification of the responsibility of water and wastewater connection will service a public purpose; WHEREAS, the provision of water and wastewater service by the City is consistent with the Comprehensive Plan adopted by Lake County and the Comprehensive Plan adopted by the City of Clermont; WHEREAS, the provision of water and wastewater services within the below described proposed service area is in the public interest; WHEREAS, provision of water and wastewater services by competing utilities within the service area will jeopardize the revenue and financial stability of the City water and sewer utility system. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLERMONT, FLORIDA: Section 1. Premises Incorporated Herein Each of the foregoing premises is incorporated herein and each shall constitute a finding and conclusion of the City Council supporting the adoption of this Ordinance. Section 2. Creation of District There is hereby reestablished and created the City of Clermont Utilities Service District, herein referred to as the "District". Section 3. District Boundaries The District shall have the following boundaries as permitted by Chapter 180.02(3) Florida Statutes, Chapter 166, and municipal home rule powers as conferred by law. The map and legal description of the boundaries of the City of Clermont water service area is attached hereto as Attachment "A"and made a part hereof. The map and legal description of the boundaries of the City of Clermont wastewater service area are is attached hereto as Attachment "B" and by this reference made a part hereof. 2 . ~ n ~. ,...- . ;t'. . . . . . F"· Section 4. Extension of Utilities The City is authorized to extend its water and wastewater utilities to all areas within the above-mentioned water and wastewater service area Districts. Section 5. Connection to Utilities Required All persons or corporations developing property after the effective date of this Ordinance within the District shall be required to utilize utility service provided by the City. The only two exceptions will be for those portions of Sections 21,22,and 23, Township 24S, Range 26E, Lake County Florida, as depicted on Exhibit "C" of the settlement Agreement between the City and Lake Utilities Services, Inc. in Case No. 2003CA 871 pending in Circuit Court in the Fifth Judicial Circuit, and for customers currently served by other public or private utility systems. No private or public utility shall be authorized to construct within the District any system, project or utility of a similar character to that being operated in the District by the City unless the City consents to such construction. Section 6. Municipal Annexation Any property not yet served by the City of Clermont water and wastewater system, which is annexed into the City of Minneola, will be deleted from the City of Clermont utility service district; provided, however, that any propel1y served by the City of Clermont utilities which when annexed into the City of Minneola will continue to be served by Clermont. Section 7. Conflict and Severability All ordinances or parts of any ordinance in conflict herewith are hereby repealed. Should any word, phrase, section or part of this ordinance 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 stricken word, phrase, section or part of the Ordinance result in the remaining portion ofthis Ordinance having no meaning and effect. Section 8. Effective Date This Ordinance shall take effect immediately upon adoption by the City Council. PASSED AND ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLERMOl'(T, LAKE COUNTY, FLORIDA TIDS,2k TH DAY OF August, 2003. ~~r~ '1J:ãrol S. Turville, Jr., Mayor . 3 . SEWER SERVICE AREA . BEGIN AT THE INTERSECTION OF THE SOUTH RIGHT-OF-WAY LINE OF THE FLORIDA TURNPIKE AND THE EAST LINE OF SECTION 24, TOWNSHIP 22, RANGE 26 EAST; THENCE SOUTH ALONG THE EAST LINE OF RANGE 26 EAST TO THE SOUTH LINE OF SECTION'24, TOWNSHIP 23 SOUTH, RANGE 26 EAST; THENCE WEST TO THE SHORE OF LAKE LOUISA; THENCE NORTHERLY ALONG THE SHORELINE TO THE NORTH LINE OF THE SOUTH X OF SECTION 20, TOWNSHIP 23 SOUTH, RANGE 26 EAST: THENCE WEST TO THE NORTHWEST CORNER OF THE EAST % OF THE SOUTHEAST X OF THE SOUTHWEST X OF SECTION 23, TOWNSHIP 23 SOUTH, RANGE 25 EAST; THENCE NORTH TO THE MID-SECTION LINE OF THE SAID SECTION 23; THENCE WEST TO THE WEST LINE OF SAID SECTION 23; THENCE NORTH ALONG THE SAID WEST LINE TO THE SOUTHWEST CORNER OF THE NORTHWEST X OF THE NORTHWEST X OF SAID SECTION 23; THENCE WEST ALONG THE SOUTH LINE OF THE NORTH X OF SECTION 22, TOWNSHIP 23 SOUTH, RANGE 25 EAST TO THE WEST LINE OF SAID SECTION 22; THENCE NORTH TO THE NORTH RIGHT OF WAY OF STATE ROAD NO. 50; THENCE EASTERLY ANONG SAID NORTHERLY RIGHT OF WAY TO THE EASTERLY SHORE OF THE PALATLLAKAHA CANAL; THENCË IN A NORTHEASTERLY DIRECTION ALONG SAID EASTERLY SHORE OF THE PALATAKAHA CANAL TO LAKE HIAWATHA; THENCE NORTHEASTERLY, NORTHERLY, AND NORTHWESTERLY ALONG THE SHORE OF LAKE HIAWATHA TO THE WEST LINE OF SECTION 14, TOWNSHIP 22 SOUTH, RANGE 25 EAST; THENCE NORTH ALONG SAID WEST LINE OF SECTION 14 TO THE SOUTHERLY RIGHT OF WAY OF COUNTY ROAD NO. 565-A; THENCE EASTERLY ALONG SAID SOUTHERLY RIGHT OF WAY TO THE EASTERLY RIGHT OF WAY OF COUNTY ROAD NO. 561-A; THENCE NORTHERLY ALONG SAID EASTERLY RIGHT OF WAY TO THE SHORES OF LAKE MINNEOLA; THENCE SOUTHERLY, EASTERLY AND NORTHERLY ALONG THE WATERS OF LAKE MINNEOLA TO THE SOUTH RIGHT-OF-WAY OF DMSION STREET, ACCORDING TO THE OFFICIAL MAP OF THE CITY OF CLERMONT; THENCE EAST TO THE WEST UNE OF SECTION 17, TOWNSHIP 22 SOUTH, RANGE 26 EAST; THENCE SOUTH ALONG SAID WEST LINE OF SECTION 17 TO THE SOUTH LINE OF SECTION 17, THENCE EAST ALONG SAID SOUTH LINE TO THE WEST LINE OF THE SOUTHEAST X OF THE SOUTHWEST X OF SECTION 17; THENCE NORTH ALONG SAID WEST LINE TO THE NORTH LINE OF SAID SOUTHEAST X OF THE SOUTHWEST X; THENCE EAST ALONG SAID NORTH LINE TO THE EAST LINE OF SAID SOUTHEAST Y. OF THE SOUTHWEST X; THENCE SOUTH ALONG SAID EAST UNE TO THE SOUTH UNE OF SAID SECTION 17; THENCE EAST ALONG SAID SOUTH LINE OF SECTION 17 TO THE EAST LINE OF SÈCTION 17; THENCE NORTH ALONG SAID EAST LINE TO THE NORTHEAST CORNER OF SECTION 17; THENCE EAST ALONG THE NORTH LINE OF SECTION 16 AND 15, TOWNSHIP 22 SOUTH, RANGE 26 EAST TO THE SOUTH RIGHT-OF-WAY OF THE FLORIDA TURNPIKE; THENCE SOUTHEASTERLY ALONG SAID RIGHT -OF- WAY TO THE POINT OF BEGINNING. REV A 719/03 MRB . . POTABLE WATER SERVICE AREA BEGIN AT THE INTERSECTION OF THE SOUTH RIGHT-OF-WAY LlNÉ OF THE FLORIDA TURNPIKE AND THE EAST LINE OF SECTION 24, TOWNSHIP 22, RANGE 26 EAST; THENCE SOUTH ALONG THE EAST LINE OF RANGE 26 EAST TO THE SOUTH LINE OF SECTION 24, TOWNSHIP 23 SOUTH, RANGE 26 EAST; THENCE WEST TO THE EASTERLY RIGHT OF WAY OF U.S. HIGHWAY 27; THENCE NORTHERLY ALONG SAID EASTERLY RIGHT OF WAY TO THE NORTH LINE SECTION 32, TOWNSHIP 22 SOUTH, RANGE 26 EAST; THENCE WESTERLY TO THE SHORE OF LAKE MINNEHAHA; THECE SOUTHERLY, WESTERLY AND NORTHERLY ALONG SAID SHORE LINE TO THE NORTH LINE OF SECTION 35, TOWNSHIP 22 SOUTH, RANGE 25 EAST; THENCE WEST ALONG SAID NORTH LINE TO THE WEST LINE OF SECTION 35; THENCE SOUTH ALONG SAID WEST LINE OF SECTION 35 AND THE WEST LINE OF SECTIONS 2,11,14 AND 23, TOWNSHIP 23 SOUTH, RANGE 25 EAST TO THE SOUTHWEST CORNER OF THE NORTHWEST X OF THE NORTHWEST X OF SAID SECTION 23; THENCE WEST ALONG THE SOUTH LINE OF THE NORTH X OF SECTION 22, TOWNSHIP 23 SOUTH, RANGE 25 EAST TO THE WEST LINE OF SAID SECTION 22; THENCE NORTH TO THE NORTH RIGHT OF WAY OF STATE ROAD NO. 50; THENCE EASTERLY ANONG SAID NORTHERLY RIGHT OF WAY TO THE EASTERLY SHORE OF THE PALATLLAKAHA CANAL; THENCE IN A NORTHEASTERLY DIRECTION ALONG SAID EASTERLY SHORE OF THE PALATAKAHA CANAL TO LAKE HIAWATHA; THENCE NORTHEASTERLY, NORTHERLY, AND NORTHWESTERLY ALONG THE SHORE OF LAKE HIAWATHA TO THE WEST LINE OF SECTION 14, TOWNSHIP 22 SOUTH. RANGE 25 EAST; THENCE NORTH ALONG SAID WEST LINE OF SECTION 14 TO THE SOUTHERLY RIGHT OF WAY OF COUNTY ROAD NO. 565-A; THENCE EASTERLY ALONG SAID SOUTHERLY RIGHT OF WAY TO THE EASTERLY RIGHT OF WAY OF COUNTY ROAD NO. 561-A; THENCE NORTHERLY ALONG SAID EASTERLY RIGHT OF WAY TO THE SHORES OF LAKE MINNEOLA; THENCE SOUTHERLY, EASTERLY AND NORTHERLY ALONG THE WATERS OF LAKE MINNEOLA TO THE SOUTH RIGHT-OF-WAY OF DMSION STREET, ACCORDING TO THE OFACIAL MAP OF THE CITY OF CLERMONT; THENCE EAST TO THE WEST LINE OF SECTION 17, TOWNSHIP 22 SOUTH, RANGE 26 EAST; THENCE SOUTH ALONG SAID WEST LINE OF SECTION 17 TO THE SOUTH LINE OF SECTION 17, THENCE EAST ALONG SAID SOUTH LINE TO THE WEST LINE OF THE SOUTHEAST X OF THE SOUTHWEST X OF SECllON 17; THENCE NORTH ALONG SAID WEST LINE TO THE NORTH LINE OF SAID SOUTHEAST X OF THE SOUTHWEST X; THENCE EAST ALONG SAID NORTH LINE TO THE EAST LINE OF SAID SOUTHEAST X OF THE SOUTHWEST X; THENCE SOUTH ALONG SAID EAST LINE TO THE SOUTH LINE OF SAID SECTION 17; THENCE EAST ALONG SAID SOUTH LINE OF SECTION 17 TO THE EAST LINE OF SECTION 17; THENCE NORTH ALONG SAID EAST LINE TO THE NORTHEAST CORNER OF SECTION 17; THENCE EAST ALONG THE NORTH LINE OF SECTION 16 AND 15, TOWNSHIP 22 SOUTH, RANGE 26 EAST TO THE SOUTH RIGHT-OF-WAY OF THE FLORIDA TURNPIKE; THENCE SOUTHEASTERLY ALONG SAID RIGHT-OF-WAY TO THE POINT OF BEGINNING. 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