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O-33-M . . MISC. ORDINANCES ORDINANCE NO. 33-M N~ 133 AN ORDINANCE AMENDING ORDINANCE NO. 29-M, ENTITLED "ORDINANCE PROVIDING FOR THE ACQUISiTION AND CONSTRUCTION OF A NEW SEWER SYSTEM FOR THE CITY OF CLERMONT, FLORIDA; PROVIDING FOR THE ISSUANCE OF NOT EXCEEDING $1,700,000 WATER AND SEWER REVENUE BONDS OF SUCH CITY TO PAY THE COST OF SUCH PROJECT; PROVIDING FOR THE RIGHTS OF THE HOLDERS OF SUCH BONDS; PROVIDING FOR THE PAYMENT THEREOF; AND MAKING CERTAIN OTHER COVENANTS AND AGREEMENTS IN CONNECTION WITH THE ISSUANCE OF SUCH BONDS, " TO CORRECT THE DESCRIPTION OF THE FRANCHISE TAXES PLEDGED TO THE PAYMENT OF SAID BONDS. THE CITY OF CLERMONT HEREBY ORDAINS: SECTION 1. AUTHORITY OF THIS ORDINANCE. This ordinance is enacted pursuant to Chapter 67-1217, Laws of Florida, Acts of 1967, as amended and supplemented, and other applicable provisions of law. SECTION 2. FINDINGS. It is hereby ascertained, determined and declared that: A. On January 12, 1971, the City of Clermont, Florida, herein- after referred to as the "City( enacted Ordinance No. 29-M, entitled as follows: "ORDINANCE PROVIDING FOR THE ACQUISITION AND CONSTRUC- TION OF A NEW SEWER SYSTEM FOR THE CITY OF CLERMONT, FLORIDA; PROVIDING FOR THE ISSUANCE OF NOT EXCEEDING $1,700,000 WATER AND SEWER REVENUE BONDS OF SUCH CITY TO PAY THE COST OF SUCH PROJECT; PROVIDING FOR THE RIGHTS OF THE HOLDERS OF SUCH BONDS; PROVIDING FOR THE PAYMENT THEREOF; AND MAKING CERTAIN OTHER COVENANTS AND AGREEMENTS IN CONNECTION WITH THE ISSUANCE OF SUCH BONDS." B. Several dates recited in said Ordinance No. 29-M to describe the franchises pledged therein to the payment of the bonds there- in authorized to be issued are incorrect, and it is necessary and appropriate that the City amend said Ordinance No. 29-M to correct such dates, in order that there be no confusion as to the source of revenues pledged to the payment of said bonds. SECTION 3. AMENDMENTS. Said Ordinance No. 29-M is hereby amended in the following respects: A. The date "October 4, 1957" recited in paragraph J of Section 2 thereof is hereby amended to read "September 24, 1957". B. The date "October 18, 1949" recited in p~r~graph K of Section 2 thereof is amended to read "March 26, 1968". C.. The date "November 16, 1954" recited in paragraph L of Section 2 thereof is amended to read "November 17, 1959". D. The date "October 10, 1957" recited in paragraph B of Section 3 thereof is amended to read "September 24, 1957", E. The date "November 16, 1954" recited in paragraph D of Section 3 thereof is amended to read "November 17, 1959". . . MISC. ORDINANCES ORDINANCE No. 33-M N~ 134 F. The third paragraph in the form of bond set out in Section 12 thereof is hereby amended to read as follows: "This bond, and the coupons appertaining thereto, are payable solely from and secured by a prior lien upon and pledge of the net revenues to be derived by the City from the operation of the system; the proceeds of the utilities services taxes imposed by the City on the purchase of certain utilities services within the corporate limits of the City, under the authority of Section 167.431, Florida Statutes, and pursuant to Ordinance No. 156 enacted by the City on September 24, 1957; the proceeds of the cigarette tax collected by the City pursuant to an ordinance duly enacted by the City on March 26, 1968, levied upon each and every sale, receipt, purchase, possession, consumption, handling, distribution and use of cigarettes within the corporate limits of the City under the authority of Section 210.03, Florida Statutes, as defined in the ordinance; and the proceeds of a franchise tax to be paid for a period of thirty (30) years from October 22, 1970, by Florida Power Corporation pursuant to an ordinance duly enacted by the City on September 22, 1970 and a franchise tax to be paid for a period of thirty (30) years from November 17, 1959, by Lake Apopka Natural Gas District pursuant to an ordinance duly enacted by the City on November 17, 1959 (all of which taxes, above described, are herein collectively referred to as the 'excise taxes'); in the manner provided in the ordinance." SECTION 4. COVENANT OF THE CITY. The City hereby covenants with those who shall from time to time be the owners and holders of the bonds to be issued pursuant to said Ordinance No. 29-M that the utilities services, taxes, cigarette tax and franchise taxes described in said Ordinance No. 29-M, as amended by this ordinance, constitute, and are meant to refer to, the only uti lities services taxès ,. ë.iga,r~tte tax and franchise taxes, respectively, levied by the City, which taxes are pledged to the payment of said bonds and the interest thereon in the manner provided in said Ordinance No. 29-M. SECTION 5. EFFECTIVE DATE. This ordinance shall take effect in the manner provided by law. First reading this 12th day of April, 1971. PASSED AND ORDAINED BY THE LAKE COUNTY, FLORIDA, THIS /3~ CITY COUNCIL OF T»E DAY OF ftrM./ CITY OF CLERMONT, 1971. ATTEST: LO~h..J t. ~A/fL Citý Clerk ~¿:~ Chairman of the Council APPROVED BY ME THIS /3 tfu DA Y 0 F 1971 ¿:~ Mayor