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Ordinance number 4026
City of Sanford, Florida
An Ordinance of the City of Sanford, Florida, relating to the utility system
rates, fees and charges; repealing Section 102-91(b) (2), Section 102-92,
Section 102-93(a), and Section 102-101 of the City of Sanford Code; amending
Section 102-94 of the City of Sanford Code; providing for adjustments to rates,
fees and charges by resolution and annual Consumer Price Index modifications;
providing for the adoption of administrative rules; providing for a savings
provision; providing for conflicts; providing for severability; providing for
codification; ; providing for penalties; providing for notice and providing for
an effective date.
Be it enacted by the People of the City of Sanford, Florida:
Section 1. Establishment of utility rates; method and annual adjustments. A new
SECTION ofthe City of Sanford Code is created to read as follows:
The water and sewer rates, fees and charges relating to the utility systems of the City as set
forth in Chapter 102 of the City of Sariford Code shall be established by resolutions adopted from
time-to-time by the City Commission or as otherwise set forth herein. Upon adoption of a resolution
establishing a rate, fee or charge, said rates, fees and charges shall be adjusted annually on October 1
of each year by the Consumer Price Index for All Urban Consumers as published from time-to-time
by the United States Department of Labor, Bureau of Labor Statistics. The City Manager is hereby
authorized and directed to calculate and implement said revised rates, fees and charges on an annual
basis. Notwithstanding the foregoing, at any time that it elects to do so, the City Commission may
adopt a resolution establishing rates, fees and charges and such resolution shall take precedence over
the previously established rates, fees and charges then in effect until modified as set forth herein. The
City Manager may adopt administrative rules to implement the provision of this Ordinance.
Section 2.
Repealer.
Section 102-91(b) (2), Section 102-92, Section 102-93(a), and Section 102-101 of the City of
Sariford Code are hereby repealed.
Section 3. Amendment to Section 102-94. Section 102-94 of the City of Sanford Code
is amended to read as follows:
Sec. 102-94. Applicability of sewer service availability charge.
The sewer service availability charges established by the City ifl. seetioll 102 93 shall apply to all
users, whether owner or tenant (this being determined, in the case of users of the City water system,
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by the applicant for water service, and otherwise by ownership of the property served), of the City
water and sanitary sewer systems, or either of them, where a City sewer is available for use, as
determined in accord with section 102-32, whether or not connection has been made to such sewer.
Section 4.
Savings.
Any and all actions of the City relative to City utility rates, fees and charges taken and
implemented by the City prior to the effective date of this Ordinance are hereby ratified and affirmed.
Section 5.
Conflicts.
All ordinances or part of ordinances in conflict with this Ordinance are hereby repealed.
Section 6.
Severability.
If any provision of this Ordinance or the application thereof to any person or circumstance is
held invalid, the remainder shall nevertheless be given full force and effect, and to this end the
provisions of this Ordinance are declared severable.
Section 7.
CodificationlRules of Construction.
(a). This Ordinance shall be codified in the Code of Ordinances of the City of Sanford,
Florida/City of Sanford Code. The Code codifier is granted liberal authority to change the words
"Ordinance" and other words and the phrase "in this Ordinance" and other phrases to reflect the Part,
Section, Article, etc., assigned in the Code, and to otherwise codify this Ordinance; provided,
however, that Sections 2, 4,5,6, 7, 8 and 9 of this Ordinance shall not be codified unless the Code
codifier finds such action necessary or desirable. .
(b). The Code codifier is hereby specifically authorized to move provisions of the existing
text of the Code of Ordinances of the City of Sanford/City of Sanford Code to distinguish
substantive provisions from definitional provisions and to make other editorial changes of a similar
nature.
(c). The Code codifier is hereby specifically authorized to harmonize provisions of the
existing provisions of the Code of Ordinances of the City of Sanford/City of Sanford Code to the
provisions of this Ordinance.
Section 8.
Penalties.
Any person found to have violated the provisions of this Ordinance shall be subject to the
maximum penalties permitted by Section 162.21, Florida Statutes, or as otherwise may be provided
by law. The City may engage in any and all other code enforcement activities and processes and
assert any legal remedy, as it deems appropriate under the circumstances including, but not limited
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to, enforcement in a court of competent jurisdiction.
Section 9. Effective Date. This Ordinance shall become effective immediately
enactment except that rates, fees and charges in effect shall continue in effect on the date of
enactment shall remain in effect through October 31, 2006 and the fIrst rate, fee and charge
resolution adopted pursuant to Section 1 shall not take effect earlier than November 1, 2006.
Passed and adopted this 23rd day of October, 2006.
Attest:
City Commission of the City of Sanford
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Linda K~, Mayor
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Certificate
I, Janet R. Dougherty, City Clerk of the City of Sanford, Florida, do hereby certify that a true
and correct copy of the foregoing Ordinance No. 4026, passed and adopted by the City Commission
of the City of Sanford, Florida, on the 23rd day of October, 2006, was posted at the front door of the
City Hall in the City of Sanford, Florida, on the 25th day of October, 2006.
Qliue/If. ~'jhay-
Jaiiet Dougherty
As the City Clerk of the City
of Sanford, Florida
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