§ 21-2. Creation of Exclusive Service Area; Extension of services—Generally.

(a) Pursuant to the Charter of the City of Lake Wales (“Charter”), the City’s municipal home rule powers under Chapter 166, Florida Statutes, and Chapter 180, Florida Statutes, the City of Lake Wales hereby creates the “Lake Wales Exclusive Utility Service Area” for the purpose of delivering to that area water, wastewater, and reclaimed water services and exercising within that area, the powers provided by law.  The area to receive the services set forth above shall be as described in Exhibit “A” and depicted in Exhibit “A” attached to and incorporated in this Ordinance.  All of the provisions or benefits of the Charter, and only to the degree necessary, Chapter 180, Florida Statutes, are hereby made available to the City of Lake Wales, Florida, within said zone or area including, but not limited to, the exclusive provision of water, wastewater, alternative water supply, reclaimed water, aquifer storage and recovery, and desalinization systems and services.

(b) The City hereby declares that, subject to a customer’s or property owner’s compliance with City rate ordinances, and service extension policies, the City has a duty to serve water, wastewater, and reclaimed water service to all property owners and potential customers within the City’s Exclusive Service Area, provided the Florida Public Service Commission (“FPSC”) or another City has not certified or franchised that area.  

(c) No person or entity other than the City and/or its designee shall provide water, wastewater, or reclaimed water service (other than bottled water) to any person, firm, corporation, or government, within the City’s Exclusive Service Area without the City’s express written permission which shall not be unreasonably withheld.  No person or entity other than the City and/or its designee shall construct or use water, wastewater, and/or reclaimed water transmission lines, pipes, mains, pump stations or the like on or within the established rights-of-way for the purpose of providing water, wastewater, and/or reclaimed water service to land located within the City’s Exclusive Service Area without the City’s express written permission.
 

(d) Utility services shall be extended within the utility service area at the sole discretion of the city. Whenever economically feasible and deemed to be in the best interest of the utility system, such extension of services shall be at the expense of the city. A developer or property owner may assume all or part of the expense of service extension when the expense is not economically feasible for the city provided such extension is deemed to be in the best interest of the utility system and provided that all requirements of this chapter are met.

(e) The city shall reserve the right at all times to refuse extension of the utility system when such extension is not economically feasible, for noncompliance with the policies, rules and regulations established by this chapter or with any duly adopted city resolution or ordinance, or for any other cause whereby such extension will not benefit or may be detrimental to the best interest of the utility system.

(f) In accordance with Chapter 180, Fla. Stat., all persons or corporations living or doing business within the city utility service area shall be required to connect, when available, with the city utility system and shall be subject to all rules, regulations and rates provided by this chapter.

(g) Notwithstanding anything to the contrary contained in this ordinance, the City’s right and duty to serve shall not be construed to interfere with those properties currently certificated for private utility service by the Florida Public Service Commission (“FPSC”) or those properties upon which the owner is currently self-providing central water and/or wastewater service to its own business.”

(Ord. No. 96-06, § 1, 5-21-96; Ord. No. 98-06, § 1, 4-27-98; Ord. No. 99-01, § 1, 5-4-99; Ord. No. 2005-22, § 1, 6-21-05; Ord. No. 2008-43, § 1, 12-2-08; Ord. No. 2008-42, § 1, 1-6-09; Ord. No. 2022-40, § 2, 9-7-22)