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3979ORDINANCE NUMBER ~979 CITY OF SANFORD, FLORIDA AN ORDINANCE OF ~ CITY COMMISSION OF THE CITY OF SANFORD, FLOR1DA, AMENDING SECTION 28-43 OF ~ CITY OF SANFORD CODE RELATING TO WATER AND SEWER FEES (DEPOSITS); ADDING A SUBSECTION 0t) TO SECTION 28-43 AND PROVIDING FOR RELIEF FROM OTHERWISE REQUIRED UTILITY DEPOSITS UPON CREDITWORTItINESS VERllVICATION; PROVIDING FOR TgIE ADOPTION OF ADMINISTRATIVE RULES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABIL1TY; PROVIDING FOR CODIFICATION AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ENACTED BY THE CITIZENS OF THE CITY OF SANFORD, FLOR1DA: SECTION 1. AMENDMENT TO SECTION 28-43. Section 28-43 of the CiO2 of Sanford Code is hereby amended by adding a Subsection (h) to read as follows: Sec. 28-43. Imposed; amount. (h). Notwithstanding any other provision of this Section, the City may determine, based upon criteria established by the City Manager, that, the creditworthiness of an existing customer or applicant for utility service warrants that the existing or future utility customer shall not be required to place, have or maintain a utility deposit on account with the City. The City Manager is hereby authorized to promulgate administrative rules to implement the provisions of this Ordinance to include, but not be limited to, procedures and the criteria for the assessment of creditworthiness and related matters. The City Manager, subsequent to the adoption of the criteria as set forth herein, may delegate the authority to apply the criteria and determine whether a customer shall be required to place, have or maintain a utility deposit on account with the City. Rules adopted by the City Manager shall be provided to the City Commission upon adoption. SECTION 2. ADMINISTRATIVE RULES. The City Manager is hereby authorized to adopt administrative rules that are deemed necessary and appropriate to implement the provisions of this Ordinance. SECTION 3. CONFLICTS. All ordinances or part of ordinances in conflict with this Ordinance are hereby repealed. SECTION 4. SEVERABILITY. If any section, sentence, phrase, word, or portion of this Ordinance is determined to be invalid, unlawful or unconstitutional, said determination shall not be held to invalidate or impair the validity, force or effect of any other section, sentence, phrase, word, or portion of this Ordinance not otherwise determined to be invalid, unlawful, or unconstitutional. Page 1 of 2 SECTION 5. CODIFICATION. It is the intention of the City Commission of the City of Sanford, Florida, and it is hereby ordained that the provisions of this Ordinance as set forth in the Exhibit shall become and be made a part of the Code of Ordinances of the City of Sanford, FlorMa; that the Sections of this Ordinance may be renumbered or re-entered to accomplish such intention; that the word, "Ordinance," may be changed to "Section," "Article," or other appropriate word; provided, however, that Sections 3, 4, 5 and 6 shall not be codified. SECTION 6. EFFECTIVE DATE. This Ordinance shall take immediate effect upon enactment. PASSED and ADOPTED this 27th day of March, 2006. ATTEST: J~qET DOUGHERTY, C~'Y CLEi~ CITY COMMISSION OF THE CITY OF SANFORD LINDA3KUHN, MAYOR CERTIFICATE I, Janet R. Dougherty, City Clerk of the City of Sanford, Florida, do hereby certify that a tree and correct copy of the foregoing Ordinance No. 3979, PASSED AND ADOPTED by the City Commission of the City of Sanford, Florida, on the 27th day of March, 2006, was posted at the fi.om door ofthe City Hall in the City of Sanford, Florida, on the 29th day of March, 2006. JAiqlET DOUGHERTY As the City Clerk of the City of Sanford, Florida Page 2 of 2