Staff recommends approval of an ordinance repealing 25-452(e) of the Code of Ordinances pertaining to natural gas main installations and providing for renumbering of 25-452(f) to accommodate this repeal; amending and re codifying 25-501 of the Code of Ordinances to incorporate the provisions of 25-452(e) and to place the amended section in the Code of Ordinances as newly created 22-7.
On November 13, 2006 the City Commission approved a natural gas installation ordinance. The proposed ordinance makes no material changes to the previously adopted ordinance and is intended for the sole purpose of removing it from the land development code and more properly locating it in the utility section of the Code of Ordinances.
1. Approve attached ordinance.
2. Such alternative action as the Commission may deem appropriate
Prepared by: _Jack Rogers_________
Attachments: Yes _X_ No ______
Advertised: ____Not Required ______
Attorney Review : Yes X No ____
Reviewed by: Dept. Head ___JR___
Finance Dept. __________________
Deputy C.M. ___________________
City Manager ________RS___________
Account No. _________________
Project No. ___________________
WF No. ______________________
AN ORDINANCE OF THE CITY OF LEESBURG, FLORIDA, REPEALING §25 – 452(E) OF THE CODE OF ORDINANCES, PERTAINING TO NATURAL GAS MAIN INSTALLATION, AND PROVIDING FOR RENUMBERING OF §25 – 452(F) TO ACCOMMODATE THIS REPEAL; AMENDING AND RECODIFYING §25 – 501 OF THE CODE OF ORDINANCES TO INCORPORATE THE PROVISIONS OF REPEALED §25 – 452(E) AND TO PLACE THE AMENDED SECTION IN THE CODE OF ORDINANCES AS NEWLY CREATED §22 – 7; REPEALING CONFLICTING ORDINANCES; PROVIDING A SEVERANCE CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
BE IT ENACTED BY THE PEOPLE OF THE CITY OF LEESBURG, FLORIDA:
§25 – 452(e) of the Code of Ordinances of the City of Leesburg, Florida, is hereby repealed, and to accommodate this repeal, §25 – 452(f) as it exists on the day prior to the effective date of this Ordinance is hereby renumbered so that it shall, after the effective date of this Ordinance, be codified as §25 – 452(e).
§25-501 of the Code of Ordinances is hereby amended to read as set forth below, and shall be hereafter codified as §22 – 7 of the Code of Ordinances:
Sec. 22 – 7. Natural Gas Line Installation Procedures.
Natural gas line installation shall be required in all new residential developments of more than five (5) units, in accordance with the conditions and criteria hereinafter specified. Developers shall insure that not less than 80% of all units in the development be equipped with a natural gas water heater and natural gas furnace. Before any natural gas lines are installed in any such development the following prerequisites must be met:
1. Streets to be Surveyed and Graded. All streets within the area shall be properly surveyed, marked and graded the full width of the right-of-way;
2. Costs of Installation.
A. Installation by City. Where the natural gas line distribution system is to be installed by the City, the cost of all natural gas lines and appurtenances must be borne by the developer, subdivider or re‑subdivider. Before the city commences any natural gas line construction, the cost, as estimated by the City’s design engineer (or designee), must be paid in cash or a bond sufficient to cover the cost of construction. The cost must be posted by the developer. The developer must connect at the nearest available natural gas supply and must also bear the cost from the nearest point to the subdivision. The City may require the sharing of trench space, which will be dug by the developer’s water and/or electric utility contractor at no charge to the city.
B. Installation by Developer. The developer may at his option install his own natural gas distribution system or contract same to be done by a reliable contracting firm, at the developer's expense. The natural gas system improvements shall become the property of the City after completion. The developer shall guarantee the improvements pursuant to §25-453.
C. Plans and Specifications to be submitted. Prior to any construction of natural gas line facilities, proposed plans and specifications must be submitted to the City for preliminary approval.
D. Inspection and Approval. Before facilities are finally accepted by the City, they must be inspected and approval given by the City as to construction, and any deviation or improper construction must be corrected or replaced before facilities can be used or final approval granted. Inspections must be made before any trench may be completely filled.
3. Mains, Lines and Meters to be Property of City. All natural gas lines and connections, will be, and remain, the property of the City and the City will be responsible for the maintenance and repairs of the system.
4. Main Line Specifications. All natural gas line installations, valves and connections shall be installed according to the specifications of the City. Natural gas lines that serve any area must be of a size designated by the City to insure adequate pressures and quantities.
5. Map of Installations. A complete “as built” map of all valves, taps, bends, tees and crosses must be prepared by the design engineer, or by the natural gas system contractor and certified by the design engineer, as designated by the City.
6. Meters are Property of City; Services Charges. Natural gas meters and regulators will be furnished and installed by the City and will remain the property of the City. In any new construction, or in any case in which an existing structure is altered so as to create more than one (1) single‑family dwelling or single unit therein, a meter shall be installed to serve each such single‑family dwelling or single unit; no meter serving more than one (1) single, discrete unit in a building shall be allowed. Charges for the installation of meters, regulators, and services are based on actual cost of labor and materials at time of installation for service.
7. The following criteria shall govern when gas mains must be installed by developers where natural gas service is not available directly adjacent to the real property being developed:
Gas main and service installations will be required when it is determined by the City in its discretion that a connection to the City’s existing natural gas system is reasonably available. In determining whether such a connection is reasonably available, the City shall take into account, among other considerations, the following factors, no single one of which shall be considered determinative in and of itself:
1. Whether the cost to the developer for connection to the nearest adequately sized city natural gas line exceeds the total cost of natural gas infrastructure within the development, including mains, services, meters and appurtenances.
2. Whether the cost to the developer for connection to the nearest adequately sized City natural gas line exceeds the total cost of connecting the development to the City’s water and wastewater systems;
3. The distance from the development to the nearest adequately sized City natural gas line, both standing alone and compared to the distance to the nearest City water and wastewater lines;
4. Any physical or geographical obstacles to the installation of a line from the development to the nearest adequately sized City natural gas line, including but not limited to lakes, streams or other water bodies, and roads, streets, railroads or other public or private rights of way which must be crossed in order to construct the line;
5. The number of residential units within the development as compared to the total cost to the developer for creating a connection to the nearest adequately sized City natural gas line;
6. The terms of any annexation or development agreement between the City and the developer, entered into prior to the date this ordinance was first adopted;
7. Whether and to what extent the development had received any annexation, rezoning or other land use approvals from the City prior to the date this ordinance was first adopted.
All ordinances or parts of ordinances which are in conflict with any of the provisions of this ordinance are hereby repealed, to the extent necessary to alleviate the conflict, but shall continue in effect insofar as they are not in conflict herewith, unless repeal of the conflicting portions destroys the overall intent and effect of any of the conflicting ordinances, in which case those ordinances so affected shall be hereby repealed in their entirety.
If any portion of this ordinance is declared invalid or unenforceable, then to the extent it is possible to do so without destroying the overall intent and effect of this ordinance, the portion deemed invalid or unenforceable shall be severed herefrom and the remainder of this ordinance shall continue in full force and effect as if it were enacted without including the portion found to be invalid or unenforceable.
This ordinance shall become effective upon its passage and adoption according to law.
PASSED AND ADOPTED at the regular meeting of the City Commission of the City of Leesburg, Florida, held on the ______ day of ______________, 2007.
THE CITY OF LEESBURG