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O-323-C . . f . ., CITY OF CLERMONT CODE ORDINANCE NO. 323-C AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CLERMONT PURSUANT TO CHAPTER 180, FLORIDA STATUTES (2000), REESTABLISHING THE CLERMONT UTILITIES SERVICE DISTRICT; EXPANDING THE BOUNDARIES OF THE DISTRICT; AUTHORIZING THE EXTENSION OF MUNICIPAL UTILITIES WITHIN THE DISTRICT; REQUIRING ALL PERSONS OR CORPORATIONS LMNG OR DOING BUSINESS WITHIN 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. WHEREAS, the City of Clennont owns and operates water and wastewater facilities providing services to residential and commercial customers both within and outside the corporate limits. WHEREAS, the City of Clennont, on November 21,2001 adopted Resolution No. 901 which authorized the issuance of approximately $17 million dollars in City of Clennont, Florida, Water and Sewer Revenue and Refunding Bonds, Series 2000. ("Series 2000 Bonds"). The primary purpose of the Series issuance of the 2000 Bonds, together with all other available unrestricted revenues and water and wastewater impact fees, was to fund water and wastewater capital improvements and expansions and refund outstanding bonds, which had been used to provide water and wastewater capital expenditures. WHEREAS, the vast majority of the capital improvements to the water and wastewater system have been completed. These improvements have increased the capacity of the water and wastewater system outside the corporate limits of the City ofClennont. WHEREAS, as a direct consequence of this investment in water and wastewater facilities, the City has the present ability and capacity to effectively provide improved water and wastewater service outside its corporate limits and desires to expand its current service area established pursuant to Ordinance No. 273-C. WHEREAS, pursuant to Chapter 180, the City of Clennont is authorized to extend and execute all of its corporate powers to provide water and wastewater services outside its corporate limits, excluding any existing municipalities. I . . - . WHEREAS, pursuant to Chapter 180, the City of Clermont is authorized to create a zone or area by ordinance and to prescribe reasonable regulations requiring all persons or corporations living or doing business within said area to connect to such systems. WHEREAS, the City of Clermont on February 25, 1992 adopted Ordinance No. 273-C which established the City of Clermont Utilities Service District, which encompassed specified property within the unincorporated area of Lake County. Attached hereto as Exhibit A is a map illustrating the existing 180 service area pursuant to Ordinance No. 273-C. WHEREAS, the City of Clermont now seeks to expand. thQ. Çity of Clermont Utility Service District to encompass additional property within the unincorporated area of Lake County. WHEREAS, the creation of a Utility Service District encompassing additional property outside the City of Clermont corporate limits and the provision of water and wastewater services by the City to additional developments within the below described service area, will avoid the wastefulness resulting ITom duplicate investment in facilities by competing utilities. 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. THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLERMONT, FLORIDA.: 2 . , , , . . . - . Section I. Premises Incorporated Herein Each of the foregoing premises are 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). The map and legal description ofthe expanded district is attached hereto as Attachments B-1 and B-2 and made a part hereof. .,.....-. Section 4. Extension of Utilities The City is authorized to extend its water and wastewater utilities to all areas within the above-mentioned District. Section 5. A 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. If the City is unable to provide such utility service within a period of 180 days ITom the date of demand for such utility service, then and only then, shall the individual have the right to seek utility service ITom any other public or private utility. The only exception will be 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 ofMinneola, will be deleted ITom the City of Clermont utility service district; provided, however, that any property 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 Severabilitv All ordinances or parts of any ordinance in conflict herewith are hereby repealed. Should any section or part of this section of this ordinance be declared invalid ,by any Court of competent jurisdiction, such adjudications shall not apply or affect any otlier provision of this ordinance, except to the extent that the entire section or part of the stricken section may be inseparable in meaning and effect ITOm the remainder of this ordinances. Section 8. Effective Date This Ordinance shall take effect immediately upon adoption by the City Còuncil. PASSED AND ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA THIS£~~AY OF FEBRUARY, 2003. B~~ ATTEST:/? ~{v 3 - -~ \-~ '. , '. ' '. :' . i " ,to " , . . . CITY OF CLERMONT CODE ORDINANCE NO. 323-C ATTACHMENT "A" ç. \ . LEGAL DESCRIPTION: Begin at the intersection of the South right-of-way line of the Florida Turnpike and the West line of Section 24, Township 22, Range 26 east; Run thence South along the West line of Range 26 East to the mid-section line of Section 13, Township 23 South, Range 26 East; Run thence West along said mid-section line to the West line of said Section 13; Run thence South along the West line of said Section 13 to the Northeast comer of Section 23; Township 23 South, Range 26 East; Run thence West to the Northeast corner of the Northwest I/~ of the Northwest 1,1.. of said Section 23; Run thence South to the Southeast corner of the Northwest \4 of the Northwest \4 of the said Section 23; Run thence West to the West line of said Section 23; Run thence South along the said West line to the Northwest comer of the Southwest 'I. of the Southwest \4 of said Section 23; Run thence West to the Northwest comer of the East Yo of the Southeast 'I. of the Southwest 'I. of Section 23, Township 23 South, Range 25 East; thence run North to the mid-section line of the said Section 23; Run thence West to the West line of said Section 23; Run thence North along the said West line to the Southwest corner of the Northwest \4 of the Northwest 'I. of said Section 23; Run thence West along the South line of the North \4 of Section 22, Township 23 South, Range 25 East to the West line of said Section 22; Run thence North to the intersection of the South right-of-way line of Highway 565B and the West line of Section 16, Township 22 South, Range 25 East; Run thence Westerly and Southwesterly along the South right-of-way line of Highwsy 565Bto the South line of Section 16,Township 22 South, Range 25 East; Run thence West along the said South line to the wa.t~rs~dge (ordinary high water mark); Run thence Northerly and Northeasterly along the waters edge to the North line of said S'èctionI6; Run thence Northerly, Northeasterly, Southeasterly and Southerly along the waters edge to the Southeast comer of said Section 16; Run thence Easterly along the waters edge to the intersection of the East right-of-way line of Highway 561A and the South boundary of the Palatlakaha River; Run thence West along said South boundary to the wa~ers of Lake Minneola; Run thence Southerly, easterly and Northeasterly along the waters of Lake Minneola to the South right-of-way line of Division Street, according to the Official Map of the City of Clermont; Run thence East to the East line of Section 18, Township 22 South, Range 26 East; Run thence North along the said East line to the Southeast comer of the Northeast \4 of the Northeast \4 of the said Section 18; Run thence East to the Southwest corner of the Northeast \4 of Section 17, Township 22 South, Range 26 East; Run thence North to the North line of said Section 17; Run thence east along the North line of Section 17, 16 and 15 of Township 22 South, Range 26 East to the South right-of-wsy line of the Florida Turnpike; Run thence Southeasterly along said right-of-way line to the Point of Beginning. . .-)Ie , ) · · · ;. · . . ,o!<:~ $- - . .1 0 / . ,. @'1£ Ã. 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