AGENDA MEMORANDUM

 

 

Meeting Date:           September 8, 2008

 

From:                          Fred A. Morrison, City Attorney

 

Subject:                      Ordinance amending Section 22-151 of the Code of Ordinances pertaining to wells

 

 

 

Staff Recommendation:

Staff recommends adoption of the proposed amendment to the Code of Ordinances to permit Lone Oak Cemetery to install and other properties meeting the specified criteria irrigation wells.

 

Analysis:

Commissioner Polk recently broached the subject of amending the Code of Ordinances so that Lone Oak Cemetery could take advantage of an offer by an individual to fund the drilling of two irrigation wells on the cemetery property, to provide for better irrigation and maintenance of the cemetery without impacting the City's potable water supply and without incurring the expense the cemetery would otherwise have to pay to utilize a comparable amount of potable water supplied by the City for its irrigation needs. The proposed ordinance is narrowly tailored so as to preserve to the greatest extent possible the ability of the City to regulate and prohibit private wells, yet allow Lone Oak Cemetery to proceed with its irrigation plans. The ordinance allows only property of 39 acres or more, utilized for cemetery purposes, to install no more than two wells for irrigation purposes only. The wells could not be utilized to supply potable water under any circumstances. All other government permits, including any required by the St. Johns River Water Management District, would still have to be obtained.

 

Options:        

1.      Adopt the ordinance as proposed, modify the ordinance, or

2.      Reject entirely the proposal to amend the Code to allow the cemetery and similarly situated properties to use private irrigation wells.

 


Fiscal Impact:

There will be no direct fiscal impact to the City and no City funds will be used for the well project which is to be privately funded. There is a theoretical impact on revenues in that if the cemetery were to irrigate its property using water supplied by the City (either potable water or reuse water) the City would receive revenues whereas it will not from the water supplied by the private wells. However, since the cemetery is not presently irrigating to a great extent and would not expand its irrigation activity if it had to pay for City supplied water, the true impact is negligible to nonexistent.

 

Submission Date and Time:    08/25/08\\02:43:48 PM

 

Department: ____CITY ATTORNEY_

Prepared by:  __Fred A. Morrison

Attachments:  Yes____   No _X___

Advertised:   ____Not Required ______                     

Dates:   __________________________                     

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Revised 6/10/04

 

Reviewed by: Dept. Head ________

 

Finance  Dept. __________JB______                                     

                              

Deputy C.M. _______EFS_________                                                                         

Submitted by:

City Manager ___________________

 

Account No. _________________

 

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WF No. ______________________

 

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Available _____________________

 

 

 

 


ORDINANCE NO.                                    

 

AN ORDINANCE AMENDING §22 – 151 OF THE CODE OF ORDINANCES OF THE CITY OF LEESBURG, FLORIDA, PERTAINING TO WELLS, ADDING A PROVISION ALLOWING CEMETERY OPERATIONS EQUALING OR EXCEEDING 35 ACRES IN SIZE TO INSTALL WELLS FOR THE SOLE PURPOSE OF PROVIDING FOR IRRIGATION FOR THE CEMETERY PARCELS ONLY; REPEALING CONFLICTING ORDINANCES; PROVIDING A SEVERANCE CLAUSE; AND PROVIDING AN EFFECTIVE DATE.

 

            BE IT ENACTED BY THE PEOPLE OF THE CITY OF LEESBURG, FLORIDA:

 

SECTION I.

 

§22 – 151 of the Code of Ordinances of the City of Leesburg, Florida, is hereby amended in its entirety to read as set forth below (language added to the existing Ordinance is underlined):

 

Sec. 22-151.  Drilling Wells.

 

(a)                In order to ensure the city and its inhabitants of receiving and having furnished to them an abundant supply of good safe drinking water, except as provided in Subsection (b) below, no wells shall be drilled or dug within the incorporated limits of the city. The city, upon receipt of proper permits, may drill or establish wells to provide water for public consumption.

(b)               Notwithstanding Subsection (a), any parcel of real property comprising a contiguous tract of 35 acres or more, lawfully operated as a cemetery in accordance with the requirements City of Leesburg Code of Ordinances, and located within the municipal limits, may upon obtaining any necessary approval from the St. Johns River Water Management District install up to two wells for the sole purpose of providing water for irrigation of the cemetery tract only, provided that no such well shall be utilized to provide potable water to any person or entity including on the cemetery tract, and provided further that no such well shall be used to provide water for irrigation purposes on any property other than the contiguous cemetery tract on which the well is located.

 

SECTION II.

 

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.

 


SECTION III.

 

All ordinances or parts of ordinances which are in conflict with 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 portion 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.

 

SECTION IV.

 

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                                    , 2008.

 

 

THE CITY OF LEESBURG, FLORIDA

 

 

 

BY:                                                                 

Mayor

 

 

 

Attest:                                                                        

City Clerk