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95-R-08 ..... """" RESOLUTION NO. 95-R-08 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, ESTABLISHING A POLICY FOR THE TERMINATION OF UTILITY SERVICES UPON REQUEST OF A LANDLORD EVEN THOUGH THE UTILITY BILL IS CURRENT; RE:PEALING RESOLUTIONS IN CONFLICT HEREWITH AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Edgewater, Florida, has made the following determinations: 1. Pursuant to Section 19-1 of the Code of Ordinances, the Ci ty contracts only with property owners for utility services. However, although landlords are held responsible for the utility charges incurred, current City policy does not give them the right to request a termination of serVlces if -the utility bill lS current. 2. The City's policy regarding landlord requests for serVlce termination should be revised as set forth below. NOW THEREFORE, BE IT ENACTED by the City Council of the City of Edgewater, Florida: Section 1. Upon written request on a form provided by the Finance Department, the owner of tenant-occupied residential property may request that utility services be terminated even if the utility bill is current. Section 2. The owner shall be required to indemnify and hold harmless the City from and against any and all liability, claims, demands, damages; expenses, fees, fines, penalties, suits!, proceedings, actions, and costs; of actions, including reasonable attorneys fees, of any kind and nature arising or growing out of or In any way connected with the City's ter~ination of utility services. Section 3. The City shall post written notlce of the request for service termination on the property a minimum of forty-eight (48) hours prior to actual service termination. Section 4. All resolutions or parts of resolutions In conflict herewith be and the sa:me are hereby repealed. Struck through passages are deleted. Underlined passages are added. 95-R-08 'j .L Section 5. This resolution shall take effect July 1, 1995. After Motion by Councilman Hays and Second by Councilman Hatfield, the vote on this resolution was as follows: Mayor Jack H. Hayman, Sr. AYE Councilman Danny E. Hatfield AYE Councilwoman Louise A. Martin AYE Councilman Mike Hays AYE Councilman David L. Mitchum AYE PASSED AND DULY ADOPTED this 5th day of June, 1995. ATTEST: CITY COUNCIL OF THE CITY �OF /E�DGEWATER, FLORIDA 0ack H. B n, Sr. Mayor APPROVED FOR FORM S CORRECTNESS: RribAa A. Storey City Attorney StFuek thEeugh passages are deleted. Underlined passages are added. 95-R-08 2