Ordinance No. 2022-048CLE NTNT
CITY OF CLERMONT
ORDINANCE NO.2022-048
1 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
2 CLERMONT, LAKE COUNTY, FLORIDA, ADOPTED PURSUANT TO
3 SECTION 125.01(1) (q), FLORIDA STATUTES CONSENTING TO THE
4 INCLUSION OF THE CITY OF CLERMONT, FLORIDA, WITHIN THE
5 WELLNESS WAY MUNICIPAL SERVICE TAXING UNIT FOR THE
6 CONSTRUCTION AND MAINTENANCE OF ARTERIAL OR
7 COLLECTOR ROADS WITHIN THE WELLNESS WAY AREA PLAN AS
8 ADOPTED BY THE BOARD OF COUNTY COMMISSIONERS OF LAKE
9 COUNTY, FLORIDA; PROVIDING FOR THE CITY TO BE INCLUDED
10 WITHIN SAID M.S.T.U. FOR A SPECIFIC TERM OF ONE YEAR WITH
11 AUTOMATIC RENEWALS; PROVIDING FOR CONFLICT,
12 SEVERABILITY, ADMINISTRATIVE CORRECTION OF SCRIVENERS
13 ERROR, PUBLICATION AND AN EFFECTIVE DATE.
14 WHEREAS, the Board of County Commissioners of Lake County, Florida (Board),
15 pursuant to Section 125.01(1)(q), Florida Statutes, has the power to establish municipal service
16 taxing units for any part or all of the unincorporated area of Lake County, or within a municipality
17 with the municipality's consent, within which may be provided benefits related to the construction
18 and maintenance of streets, sidewalks, street lighting, drainage improvements, transportation
19 improvements and other essential services derived from taxes levied within such unit; and
20 WHEREAS, on January 5, 2016, the Board adopted Lake County Ordinance No. 2016-1
21 which established Goal I-8, entitled Wellness Way Area Plan, which contained the objectives and
22 policies relating to the Wellness Way area; and
23 WHEREAS, Lake County Resolution 2019-6 was adopted by the Board on May 7, 2019,
24 which expressed the County's support for a variety of road projects in the Wellness Way
25 Transportation Network, including but not limited to:
26 Hancock Road from Wellness Way to Hartwood Marsh Road;
27 Schofield Road from the intersection of Wellness Way and Hancock Road to the Orange
28 County line;
29 CR 455 Extension from Hartwood Marsh Road to Schofield Road; and
30 Wellness Way from US 27 to the Orange County line.
31 Lake County's Resolution always expressed the Board's intent to utilize alternative approaches to
32 the funding and development of the Wellness Way Transportation Network; and
d
CITY OF CLERMONT
C� d`R ORDINANCE NO.2022-048
33 WHEREAS, the Board of County Commissioners adopted Lake County Ordinance No.
34 2022-22, for purpose of revising and amending the policies, goals and objectives that govern the
35 Wellness Way Area Plan and establishing the Wellness Way MSTU to include the MSTU Area as
36 described in Exhibit "A" attached hereto and incorporated herein; and
37 WHEREAS, in accordance with Section 125.01 (q) Florida Statutes, the City Council of
38 the City of Clermont finds that it is in the best interests of the health, safety and general welfare of
39 its citizens that the City consent to the inclusion of properties located within the municipal
40 boundaries of the City and within the area described in Exhibit "A" as of the effective date of this
41 Ordinance and in the future.
42 NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Clermont,
43 Lake County, Florida as follows:
44 SECTION 1.
Subject to Sections 2 and 3 below, the City Council of the City of Clermont hereby consents to the
inclusion into the Lake County Wellness Way Municipal Service Taxing Unit all property
presently in the City of Clermont and within the area more particularly described in Exhibit "A"
attached hereto and incorporated herein and any property within Exhibit "A" and annexed into the
City.
45 SECTION 2.
46 The City's consent to the inclusion of above -described property within the MSTU is conditioned
47 upon a limitation that any funds received by the county by virtue of a levy of taxes through the
48 MSTU on property within the municipal boundaries of the City and used for construction,
49 expansion and widening of roads shall be used only for roads and projects as more particularly
50 described on Exhibit `B" and subject to approval by the City by interlocal agreement. Nothing
51 herein shall prohibit the use of the taxes levied from being used by the County for maintenance of
52 streets, sidewalks, street lighting, traffic signals, drainage improvements and transportation
53 improvements.
54 SECTION 3.
55 The City's consent to inclusion herein is further conditioned upon Lake County's acceptance and
56 agreement to that the City will not be the responsible jurisdiction for the maintenance of any
57 streets, sidewalks, traffic signals, drainage improvements and transportation improvements on or
58 related to roads other than local roads within the City's street system.
59 SECTION 4.
60 The consent herein shall be effective for one (1) year and shall automatically renew for
61 subsequent one-year periods unless the City or County provides notice, at least sixty days prior to
62 the expiration of the then -current Ordinance term, in writing by certified mail, of its desire this
63 Ordinance not be renewed. If such written notice is given, the City shall as soon as practical repeal
64 this Ordinance.
CITY OF CLERMONT
C ORDINANCE NO.2022-048
Clwce dCMmqms
65 SECTION 5: CONFLICT
66 Any portion of the Code of Ordinances, City of Clermont, Florida or any ordinance or part thereof in
67 conflict with this ordinance is hereby repealed to the extent of such conflict.
68 SECTION 6: SEVERABILITY
69 It is declared to be the intent of the City Council that, if any section, subsection, sentence, clause,
70 phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional by a court of
71 competent jurisdiction, such portion shall be deemed a separate, distinct and independent
72 provision, and such holding shall not affect the validity of the remaining portions hereof.
73 SECTION 7: ADMINISTRATIVE CORRECTION
74 This Ordinance may be re -numbered or re -lettered and the correction of typographical and/or
75 scrivener's errors which do not affect the intent may be authorized by the City Manager or
76 designee, without need of public hearing, by filing a corrected or re -codified copy of same with
77 the City Clerk.
78 SECTION 8: PUBLICATION AND EFFECTIVE DATE
79 This Ordinance shall be published as provided by law and it shall become law and shall take effect
80 immediately upon its Second Reading and Final Passage.
d✓ CITY OF CLERMONT
CLERK- ORDINANCE NO.2022-048
PASSED AND ADOPTED by the City Council of the City of Clermont, Lake County, Florida
qUaLis 25 day of October, 2022.
CITY OF CLERMONT
Tim Murry, ayor
�"\
ATTEST:
Tracy Ackroyd Howe, MMC
City Clerk
AS IO FORM AND LEGALITY:
-----------------
F. Mantzaris, City Attorney
CLER%NT
CITY OF CLERMONT
ORDINANCE NO.2022-048
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ORDINANCE NO. 2022-048
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CLER%NT CITY OF CLERMONT
- ORDINANCE NO.2022-048
DESCRIPTION.
A PARCEL Of LAND LYING WITHIN TOWNSHIPS 23 AND 24 SOU'H. RANGE 16 EAST, LAXE
COUNTY, FLORIDA MING WW PARTICULARLY DESCRJBED AS FOLLOWS:
BEGIN AT THE NORTHEAST CORNER OF SAID TOWNSHIP 24 SOUTH. RANGE 16 EA5T.
THENCE SWIM. AlON6 THE EAST BOUNDARY Of SAID TOWNSHIP 24 SOUTH. RANGE 16
EAST. TO THE SOUTHEAST CORNER Of SECTION 12. TOWNSHIP 24 SOUTH, RANGE 16
EAST, THENCE WEST, ALONG THE SOUTH BOUNDAR? Of SAIO SECTION J2, TO THE
SOUTHWEST CORNER Of SAID SECTION ?2; THENCE NORTH, ALONG THE WEST BOUNDARY
OF SAID S£CT10N 12 TO THE SOUTHEAST CORNER OF THE WATN I12 OF SECTION )),
TOWNSHIP 24 SOUTH RANGE 26 FAST, THENCE NEST, ALONG THE 5Ou11f BOUNDARY Of
NORTH If? Of SAID SECTION It. TO THE EAST BOUNDARY Of SECTION JO. TOWNSHIP ?A
SOUTH. AANGE 16 EAST. THENCE NORTH. ALONG THE EAST BOUNDARY Of SAID SECTION
I#, TO THE NORTHEAST CORNEA Of SAID SECTION 10, THENCE Nf5T, ALORO THE NORTH
BOUNDARY OF SAID SECTION 10, TO THE EASTERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY
27. T14ENCE NOATHERLY, ALDNG THE EASTERLY AICNT-OF-WAY LINE OF V.S. HIGHWAY 22,
APPRoxIMATELY S.2 IUtES, IO THE NE5TEALY PRSLUECTlON Of THE NORTH BOUNDARY 10
CENTER OF RIGHT-Of-WAI EASENENTI 4f TRACTS 15, 14. 15 AND 16 Of MONTE VISTA
PARR FARMS, IN SECTIDN 16, TDwNSHIP 23 SDuTH, RANGE 26 EAST, RECORDED IN PLAY
BOOK 2, PAGE 27. PUBLIC RECORDS OF LANE COUNTY; THENCE EAST, ALONO SAID
PROJECTION AND NORTH BOUNDARY, TO THE WEST BOUNDARY OF SECTION IS, TOWNSNiP
22 SOUTH, RANGE 26 EAST; THENCE NORTH, ALONG THE WEST BOUNDARY OF SAID
SECTION JS, TO THE NORTHWEST CORNEA OF SAID SECT/Op 15: THEAICE EAST. ALGAL
THE NORTH BOUNDARY Of SAID SECTION 13. TO THE NORTHWEST CORNER OF SECTION 1.1
TOWNSHIP 23 509TH. AANCE 26 EAST, THENCE EAST. ALONG THE NORTH BOUNDARY Of
SAID SECTION 14, TO THE AORTHEAST CORNER Of SAID SECTION 14, THENCE SOUTH,
ALONG THE EAST BOUNDARY OF SAID SECTION it, TO THE XCRTHWESF COAXER Of TWOS,
LANDS DESCRIBED IN OfFJC1AC AECORDS BOOK 1709, PAGE 246S. PUBLIC RECORDS OF
LAKE COUNTY. THENCE EA5TER0 AND SOUTHfAIY, ALONG THE EASTERLY BOONDARt Of
SAIO LAAOS DESCRIBED IN OffICIAI RECORDS 600K 1189. PAGE 1463. ID THE
SOLTHEAST CORNEA Of SAID LANDS BEING ON THE AOATH BOUNDARY Of SECTION 24.
TDWIISHIP 23 SOUTH, AAROE 26 EAST, THENCE EAST, ALONG THE NORYH BOUNDARt Of
SAID SECTION 24, TO THE NORTHEAST CORNER OF SAID SECTION 21, TOWNSNJP ?3
SOUTH. RANGE 76 EAST; THENCE SOUTH, AIONL THE EAST BOUNDARY Of TOWNSHIP 13
SOUTH. RANGE 26 EAST, TO THE POINT OF XEGINNJNG
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CLAN-r CITY OF CLERMONT
�� ORDINANCE NO.2022-048
EXHIBIT B
List of Roads Within the Wellness Way MSTU Eligible for Construction, Expansion and Widening
Wellness Way (Schofield Rd) from Hwy 27 to Hancock Road
Schofield Road from Wellness Way to the Southern Boundary of Olympus Property
Expansion or Widening for Hancock/Wellness Way Intersection
Roads within the MSTU Area needed for Access to any Public or Charter School
MSTU funds may be used for any new or existing road not listed above that needs to be
Constructed, Expanded or Widened provided that both the Clermont City Council and the Lake
County Board of Commissioners mutually agree on the additional road necessity.