Senate Bill 2732

CODING: Words stricken are deletions; words underlined are additions.



    Florida Senate - 1998        (NP)                      SB 2732

    By Senator Williams





    4-1477A-98                                              See HB

  1                      A bill to be entitled

  2         An act relating to the Cedar Key Water and

  3         Sewer District in Levy County; codifying laws

  4         governing the independent special district;

  5         establishing revised district boundaries;

  6         revising the elections procedure for district

  7         commissioners; revising the name of the

  8         district; repealing chapters 63-1569, 75-426,

  9         76-416, 80-531, and 87-528, Laws of Florida;

10         providing an effective date.

11

12  Be It Enacted by the Legislature of the State of Florida:

13

14         Section 1.  (a)  This act codifies provisions of

15  previously adopted local acts, chapter 63-1569, Laws of

16  Florida, as amended by chapters 75-426, 76-416, 80-531, and

17  87-528, Laws of Florida, affecting the public body corporate

18  and political subdivision known as the Cedar Key Special Water

19  and Sewerage District; adopts amendments thereto; and repeals

20  all previously adopted local acts. Said body corporate and

21  political subdivision shall remain an independent special

22  district established by the Legislature of the State of

23  Florida for the purpose of providing potable water and

24  wastewater treatment services to the district boundary area

25  described below. Said special independent district shall

26  henceforth be known as the Cedar Key Water and Sewer District.

27  All previous references to the Cedar Key Special Water and

28  Sewerage District shall hereafter be deemed to refer to the

29  Cedar Key Water and Sewer District [hereafter "District"].

30         (b)  District boundaries shall be as provided and

31  incorporated by reference as if set forth fully herein.

                                  1

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    Florida Senate - 1998        (NP)                      SB 2732
    4-1477A-98                                              See HB




  1

  2  The boundaries of the Cedar Key Water and Sewer District shall

  3  be as follows:

  4

  5         For a point of reference, commence at the point

  6         of intersection of the centerline of Florida

  7         State Road No. 24 (a 100 foot Right-of-Way)

  8         with the Easterly line of Section 3, Township

  9         15 South, Range 13 East and run South 55

10         degrees 38 minutes 34 seconds West, along said

11         centerline, a distance of 435.62 feet to a

12         point of curvature in said line; continue

13         thence Southwesterly along said centerline and

14         along the arc of a curve, concave Southeasterly

15         and having a radius of 11,459.16 feet, a chord

16         distance of 332.29 feet to a point referenced

17         as Point "A", the bearing of the aforementioned

18         chord being South 54 degrees 48 minutes 44

19         seconds West; run thence South 36 degrees 38

20         minutes 46 seconds East, a distance of 50.00

21         feet to a point in the Southeasterly

22         Right-of-Way line of said State Road No. 24 for

23         the Point of Beginning. From the Point of

24         Beginning thus described, continue South 36

25         degrees 38 minutes 46 seconds East, a distance

26         of 420.00 feet to a point; run thence South 53

27         degrees 27 minutes 24 seconds West, a distance

28         of 210.00 feet to a point; run thence North 36

29         degrees 38 minutes 46 seconds West, a distance

30         of 420.00 feet to a point in the Southeasterly

31         Right-of-Way line of said Florida State Road

                                  2

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    Florida Senate - 1998        (NP)                      SB 2732
    4-1477A-98                                              See HB




  1         No. 24; thence run Southwesterly along said

  2         Right-of-Way line to the intersection of said

  3         line with the East line of the West half of the

  4         Northwest Quarter of the Northwest Quarter of

  5         Section 16, Township 15 South, Range 13 East;

  6         thence run South to the Southeast corner of the

  7         Northwest Quarter of the Southwest Quarter of

  8         the Northwest Quarter of said Section 16;

  9         thence run West to the West line of said

10         Section 16; thence run South to the Northeast

11         corner of the Southeast Quarter of the

12         Southeast Quarter of Section 17, Township 15

13         South, Range 13 East,; thence run Westerly to

14         the East Right-of-Way line of State Road No.

15         24; thence run Southerly along the said

16         Right-of-Way line of State Road No. 24 to the

17         North line of Section 20, Township 15 South,

18         Range 13 East; thence run Easterly along the

19         North line of Sections 20, 21, 22, and 23, to

20         the Southeast corner of the Southwest Quarter

21         of the Southwest Quarter of Section 14,

22         Township 15 South, Range 13 East; thence run

23         Southerly three and one-half miles to a point

24         that is East of the Southern most point of the

25         Island of Atsena Otie Key; thence run West a

26         distance of six and one-quarter miles; thence

27         run North a distance of three and one-quarter

28         miles to the Northwest corner of Section 23,

29         Township 15 South, Range 12 East; thence run

30         Easterly along the North line of Sections 23

31         and 24 of Township 15 South Range 12 East, and

                                  3

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    Florida Senate - 1998        (NP)                      SB 2732
    4-1477A-98                                              See HB




  1         the North line of Sections 19 and 20, Township

  2         15 South, Range 13 East, to the West

  3         Right-of-Way line of State Road No. 24; thence

  4         run North and Northeasterly along said

  5         Right-of-Way line of State Road No. 24 to a

  6         point due West of the Westerly Right-of-Way

  7         line of Old State Road 24 and the Easterly

  8         Right-of-Way of State Road 24; thence run due

  9         East to the said intersection of the Westerly

10         Right-of-Way line of Old State Road 24 and the

11         Easterly Right-of-Way of State Road 24; thence

12         run Northerly along the West Right-of-Way line

13         of Old State road 24 to the East Right-of-Way

14         line of State Road 24; thence run Northerly to

15         the intersection of said line with the

16         centerline of Levy County Road No. 347; thence

17         run Northeast along the centerline of County

18         Road No. 347 to the South line of Section 9, in

19         Township 15 South, Range 13 East; thence

20         continue North 18 degrees 24 minutes 19 seconds

21         East, along the said centerline a distance of

22         221.24 feet to an intersection with a curve

23         concave to the Northeast, having a radius of

24         5,729.58 feet and a central angle of 03 degrees

25         46 minutes 23 seconds; thence run Northeasterly

26         along the arc of said curve a distance of

27         377.50 feet to the point of tangent of said

28         seconds West; run thence South 36 degrees 38

29         minutes 46 seconds East, a distance of 50.00

30         feet to a point in the Southeasterly

31         Right-of-Way line of said State Road No. 24 for

                                  4

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    Florida Senate - 1998        (NP)                      SB 2732
    4-1477A-98                                              See HB




  1         the Point of Beginning. From the Point of

  2         Beginning thus described, continue South 36

  3         degrees 38 minutes 46 seconds East a distance

  4         of 420.00 feet to a point; run thence South 53

  5         degrees 27 minutes 24 seconds West, a distance

  6         of 210.00 feet to a point; run thence North 36

  7         degrees 38 minutes 46 seconds West, a distance

  8         of 420.00 feet to a point in the Southeasterly

  9         Right-of-Way line of said Florida State Road

10         No. 24; thence run Southwesterly along said

11         Right-of-Way line to the intersection of said

12         line with the East Right-of-Way line of Old

13         State Road 24: thence run Southerly to the East

14         Right-of-Way line of State Road No. 24; thence

15         run Southerly along the said Right-of-Way line

16         of State Road No. 24 to the North line of

17         Section 20, Township 15 South, Range 13 East;

18         thence run Easterly along the curve; thence run

19         North 22 degrees 10 minutes 42 seconds East

20         along the said centerline a distance of

21         2,127.25 feet; thence run North 67 degrees 49

22         minutes 18 seconds West perpendicular to the

23         said centerline a distance of 50 feet to an

24         intersection with the West Right-of-Way line of

25         said County Road No. 347; thence run South 22

26         degrees 10 minutes 42 seconds West along the

27         said West Right-of-Way line a distance of 50

28         feet; thence run North 67 degrees 49 minutes 18

29         seconds West perpendicular to said West

30         Right-of-Way feet a distance of 105.82 feet;

31         thence run North 22 degrees 10 minutes 42

                                  5

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    Florida Senate - 1998        (NP)                      SB 2732
    4-1477A-98                                              See HB




  1         seconds East parallel to said County Road No.

  2         347, a distance of 100 feet; thence run South

  3         67 degrees 49 minutes 18 seconds East

  4         perpendicular to the West Right-of-Way line a

  5         distance of 105.82 feet to the intersection

  6         with the West Right-of-Way line of County Road

  7         No. 347; thence run Southwesterly along said

  8         West Right-of-Way line to the intersection of

  9         said westerly line of County Road No. 347 to

10         the intersection of said line with the

11         centerline of State Road No. 24; thence run

12         Northeasterly along the centerline of State

13         Road No. 24 to Point "A" as referenced herein

14         above; thence run South 36 degrees 38 minutes

15         46 seconds East to the Point of Beginning.

16

17         Together with the following described parcels

18         of land:

19

20         Parcel A: (96/227)

21

22         That part of the Southwest Quarter of Section

23         9, Township 15 South, Range 13 East,

24         particularly as follows, to-wit:

25

26         Commence at the Southwest corner of Section 9

27         Township 15 South 13 East for a point of

28         reference; thence run South 89 degrees 32

29         minutes 55 seconds East along the South line of

30         said Section 9 a distance of 291.56 feet to an

31         intersection with the centerline of County Road

                                  6

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    Florida Senate - 1998        (NP)                      SB 2732
    4-1477A-98                                              See HB




  1         No. 347; thence run North 18 degrees 24 minutes

  2         19 seconds East along the said centerline a

  3         distance of 221.24 feet to an intersection with

  4         a curve concave to the Northeast, having a

  5         radius of 5,729.58 feet and a central angle of

  6         03 degrees 46 minutes 23 seconds; thence run

  7         Northeasterly along the arc of said curve a

  8         distance of 377.50 feet to the point of tangent

  9         of said curve; thence run North 22 degrees 10

10         minutes 42 seconds East along the said

11         centerline a distance of 2,127.25 feet; thence

12         run North 67 degrees 49 minutes 18 seconds West

13         perpendicular to the said centerline a distance

14         of 50 feet to an intersection with the West

15         Right-of-Way line of said County Road No. 347

16         to establish the Point of Beginning; from said

17         Point of Beginning, thence run South 22 degrees

18         10 minutes 42 seconds West along the said West

19         Right-of-Way line a distance of 50 feet; thence

20         run North 67 degrees 49 minutes 18 seconds West

21         perpendicular to said west Right-of-Way line a

22         distance of 105.82 feet; thence run North 22

23         degrees 10 minutes 42 seconds East parallel to

24         said County Road No. 347 a distance of 100

25         feet; thence run South 67 degrees 49 minutes 18

26         seconds East perpendicular to the said West

27         Right-of-Way line a distance of 105.82 feet to

28         an intersection with the West Right-of-Way line

29         of said County Road No. 347; thence run South

30         22 degrees 10 minutes 42 seconds West along the

31

                                  7

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    Florida Senate - 1998        (NP)                      SB 2732
    4-1477A-98                                              See HB




  1         said West Right-of-Way line a distance of 50

  2         feet to the Point of Beginning.

  3

  4         Parcel B: (96/232)

  5

  6         Begin at the Northeast corner of Section 17,

  7         Township 15 South, Range 13 East and thence run

  8         West along the North line of said Section 17 a

  9         distance of 660 feet; thence run South 660

10         feet; thence run East 660 feet to a point in

11         the East line of said Section 17; thence run

12         North 660 feet to the Point of Beginning.

13

14         and (109/617)

15

16         That part-of the Northeast Quarter of the

17         Northeast Quarter of Section 17, Township 15

18         South, Range 13 East, being more particularly

19         described as follows, to-wit:

20

21         Commence at the Northeast corner of said

22         Section 17 for a point of reference; thence run

23         South 00 degrees 29 minutes 38 seconds West

24         along the East line of said Northeast Quarter

25         of the Northeast Quarter of Section 17 a

26         distance of 580.51 feet to a concrete monument

27         on the North Right-of-Way line of a 66.00 foot

28         road; thence run North 72 degrees 00 minutes 22

29         seconds West along the North line of said 66.00

30         foot road a distance of 228.38 feet to a

31         concrete monument; thence run North 83 degrees

                                  8

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    Florida Senate - 1998        (NP)                      SB 2732
    4-1477A-98                                              See HB




  1         03 minutes 22 seconds West along the North line

  2         of said 66.00 foot road to a concrete monument

  3         set on said North Right-of-Way line a distance

  4         of 444.99 feet to establish the Point of

  5         Beginning. From said Point of Beginning, run

  6         North 00 degrees 29 minutes 38 seconds East

  7         parallel with the East line of said Northeast

  8         Quarter of the Northeast Quarter a distance of

  9         461.94 feet; thence run North 89 degrees 30

10         minutes 20 seconds West along the North line of

11         said Northeast Quarter of the Northeast Quarter

12         a distance of 320 feet; thence run

13         Southeasterly a distance of 500 feet, more or

14         less, to a point in the North Right-of-Way line

15         of said 66.00 foot road, which point is South

16         83 degrees 03 minutes 22 seconds East a

17         distance of 110 feet from the Point of

18         Beginning; thence run South 83 degrees 03

19         minutes 22 seconds East along the North line of

20         said 66.00 foot road a distance of 110 feet to

21         the Point of Beginning,

22

23         and (109/619)

24

25         Together with a perpetual easement and

26         right-of-way for road, passageway, and public

27         utilities on, over, and along that certain

28         strip, piece, and parcel of land 66.00 feet

29         wide situate and being in the County of Levy,

30         State of Florida, particularly described as

31         follows, to-wit:

                                  9

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    Florida Senate - 1998        (NP)                      SB 2732
    4-1477A-98                                              See HB




  1

  2         That part of the Northeast Quarter of the

  3         Northeast Quarter of Section 17, Township 15

  4         South, Range 13 East, further described as:

  5

  6         Commence at the Northeast corner of said

  7         Section 17 for a point of reference; thence run

  8         South 00 degrees 29 minutes 38 seconds West

  9         along the East line of said Northeast Quarter

10         of the Northeast Quarter of Section 17 a

11         distance of 580.51 feet to a concrete monument

12         on the North Right-of-Way line of a 66.00 foot

13         road for the Point of Beginning. From said

14         Point of Beginning continue South 00 degrees 29

15         minutes 38 seconds West along the East line of

16         said Northeast Quarter of the Northeast Quarter

17         of Section 17, a distance of 69.20 feet to a

18         concrete monument set on the South Right-of-Way

19         line of said 66.00 foot road; thence run North

20         72 degrees 00 minutes 22 seconds West along the

21         South line of said 66.00 foot road a distance

22         of 242.81 feet to a concrete monument; thence

23         run North 83 degrees 03 minutes 22 seconds West

24         along the South Right-of-Way line of said 66.00

25         foot road a distance of 55.77 feet to a

26         concrete monument at the Northwesterly corner

27         of the Central Florida Electric Co-Operative,

28         Inc., Sub-station property; thence continue

29         North 83 degrees 03 minutes 22 seconds West

30         along the South Right-of-Way line of said 66.00

31         foot road a distance of 375.38 feet, to a

                                  10

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    Florida Senate - 1998        (NP)                      SB 2732
    4-1477A-98                                              See HB




  1         concrete monument; thence run North 00 degrees

  2         29 minutes 38 seconds East parallel to the East

  3         line of said Northeast Quarter of the Northeast

  4         Quarter of Section 17, a distance of 66.42 feet

  5         to a concrete monument set in the North line of

  6         said 66.00 foot road; thence run South 83

  7         degrees 03 minutes 22 seconds East a distance

  8         of 444.99 feet to a concrete monument in the

  9         North Right-of-Way line of said 66.00 foot

10         road; thence run South 72 degrees 00 minutes 22

11         seconds East along the North Right-of-Way line

12         a distance of 228.38 feet to a concrete

13         monument on the East line of said Northeast

14         Quarter of the Northeast Quarter of said

15         Section 17 to the Point of Beginning,

16

17         Parcel C: (96/229)

18

19         A strip of land 20 feet wide described as that

20         part of the Northwest Quarter of the Northwest

21         Quarter of Section 16, Township 15 South, Range

22         13 East, in Levy County, Florida, being 20.00

23         feet in width and lying 10.00 feet on each side

24         of the following described centerline, to-wit:

25

26         Commence at the Northwest corner of said

27         Section 16 in Township 15 South, Range 13 East

28         for a point of reference and thence run South

29         00 degrees 29 minutes 38 seconds West along the

30         West line of said Section 16 a distance of

31         419.60 feet to establish the Point of

                                  11

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    Florida Senate - 1998        (NP)                      SB 2732
    4-1477A-98                                              See HB




  1         Beginning; from the said Point of Beginning

  2         thence run North 89 degrees 26 minutes 19

  3         seconds East a distance of 103.96 feet to an

  4         intersection with the Westerly Right-of-Way

  5         line of State Road No. 347 and the point of

  6         termination of the above described centerline.

  7

  8         and

  9

10         A strip of land 40.00 feet wide described as

11         that part of the Northwest Quarter of the

12         Northwest Quarter of Section 16, Township 15

13         South, Range 13 East in Levy County, Florida,

14         being 40.00 feet in width and lying 20.00 feet

15         on each side of the following described

16         centerline, to-wit:

17

18         Commence at the Northwest corner of said

19         Section 16 in Township 15 South, Range 13 East

20         for a point of reference and thence run South

21         00 degrees 29 minutes 38 seconds West along the

22         West line of said Section 16 a distance of

23         591.00 feet to establish the Point of

24         Beginning; from said Point of Beginning, thence

25         run South 88 degrees 34 minutes 22 seconds East

26         a distance of 47.68 feet to an intersection

27         with the Westerly Right-of-Way line of State

28         Road No. 347 and the point of termination of

29         the above described centerline.

30

31         all lying and being in Levy County, Florida.

                                  12

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    Florida Senate - 1998        (NP)                      SB 2732
    4-1477A-98                                              See HB




  1

  2         (c)  The District may continue to provide potable water

  3  service to those properties presently being served in Sections

  4  16 and 17 of Township 15 South, Range 13 East.

  5         Section 2.  (a)  The governing body of the District

  6  shall be a board of commissioners, hereafter referred to as

  7  "Board,"  consisting of five commissioners, each of whom shall

  8  be a qualified voter in the District.

  9         (b)  All elections shall be held at the same time and

10  place as the municipal election of the City of Cedar Key.

11  There shall be a separate ballot and the ballot shall be

12  canvassed separately from those of the city election and shall

13  be certified to this Board.

14         (c)  Commissioners shall be elected for a period of 2

15  years commencing at noon on the day after their election.

16  Following each election, the Board shall select one member as

17  chair to serve during his or her term of office. The Board

18  shall also designate one member as Board secretary.

19  Disbursement of the funds of the District shall be made only

20  upon orders authorized by the Board, signed by the chair and

21  countersigned by the Board secretary or other Board member in

22  the absence of the Board secretary.

23         (d)  The Board shall appoint an administrative

24  secretary, who shall be custodian of the official proceedings,

25  records, and funds of the District and shall furnish bond for

26  the performance of his or her duties and for the accounting

27  for the funds of the District.

28         (e)  All candidates for commissioner shall run by

29  groups and shall qualify by filing the petition with the

30  administrative secretary of this Board during the same period

31  provided by the City of Cedar Key for city commission

                                  13

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    Florida Senate - 1998        (NP)                      SB 2732
    4-1477A-98                                              See HB




  1  candidates. The administrative secretary of this Board shall

  2  be responsible for preparing the ballot and supervising the

  3  election of commissioners in holding elections.

  4         (f)  In case of a vacancy in the membership of the

  5  Board, the remaining four members shall appoint a qualified

  6  person to serve until the next election.

  7         Section 3.  (a)  The District, acting by and through

  8  its Board, shall have the powers of a public body corporate

  9  and political subdivision, including the power to:

10         (1)  Levy ad valorem taxes on all of the taxable

11  property in said District, as hereinafter provided.

12         (2)  Sue and be sued.

13         (3)  Contract and be contracted with.

14         (4)  Adopt and use a common seal, and to alter same.

15         (5)  Acquire by either or both construction or

16  purchase, to own in its corporate name, and to lease and

17  convey such real and personal property as the Board may deem

18  proper or expedient.

19         (6)  Appoint and employ a superintendent and other

20  employees as the Board may deem advisable.

21         (b)  Specifically, the Board shall have the power to:

22         (1)  Acquire by either or both purchase or construction

23  and to improve, extend, enlarge, reconstruct, own, operate,

24  manage, and control a public water supply and distribution

25  system and a sewage system for the purpose of supplying water

26  in the District for public, domestic, industrial, and fire

27  protection purposes, and for purpose of disposing of sewage;

28         (2)  Fix and collect rates and charges for the services

29  and facilities furnished by any such water supply and

30  distribution system and any sewage system and to fix and

31  collect charges for making connections with either system.

                                  14

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    Florida Senate - 1998        (NP)                      SB 2732
    4-1477A-98                                              See HB




  1         (c)  No contract of the Board to purchase, sell, lease,

  2  or convey property, real or personal, wherein the

  3  consideration involved exceeds $1,000, shall be valid or

  4  binding unless formal action thereon is taken at a meeting of

  5  the Board duly convened for that purpose. Two weeks prior to

  6  the meeting, there shall be published notice in a newspaper of

  7  general circulation published in Levy County, if any, and, if

  8  none is available, then by posting publicly a copy of such

  9  notice at the courthouse of the county not less than 14 days

10  prior to the date of the meeting, in words and figures

11  substantially as follows:

12

13         "Notice to electors and customers in Cedar Key

14         Water and Sewer District. NOTICE IS GIVEN to

15         all electors and customers of the Cedar Key

16         Water and Sewer District as defined by Chapter

17                 , Laws of Florida, that the Board of

18         the District will, at a meeting of the Board to

19         be held at                                    ,

20         consider and dispose of the following official

21         business of the Board:

22

23         (Here briefly state the general nature of the

24         business to be transacted.)

25

26         All persons having any interest in said matter

27         may appear before the Board at said time and

28         place and they will be heard."

29

30         Dated this                         .

31                           (Signed)

                                  15

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    Florida Senate - 1998        (NP)                      SB 2732
    4-1477A-98                                              See HB




  1                                                   .

  2                      Secretary of the Board

  3

  4         Section 4.  The Board shall have power in the name of

  5  the District to acquire any property, real or personal, deemed

  6  necessary for carrying out the provisions of this act through

  7  the exercise of the right of eminent domain. The procedure in

  8  acquiring said property shall be in accordance with the

  9  provisions of chapters 73 and 74, Florida Statutes, which are

10  hereby expressly made applicable to eminent domain proceedings

11  instituted by the District.

12         Section 5.  (a)  The District acting by and through the

13  Board is hereby authorized by resolution at one time or from

14  time to time to issue bonds of the District to an aggregate

15  principal amount not exceeding $3 million, which amount shall

16  include revenue-producing certificates issued by the District,

17  for the purpose of paying all or any part of the cost of the

18  sewage system and said water supply and distribution system.

19         (b)  Such bonds and revenue-producing certificates

20  shall bear interest at such rate or rates not exceeding 7

21  percent per annum as may be prescribed by resolution and shall

22  mature at such time or times not exceeding 50 years from their

23  date or dates as may be determined by the Board. The bonds and

24  revenue-producing certificates may be made redeemable before

25  maturity at the option of the Board upon terms and conditions

26  as may be fixed by the Board prior to the issuance of the

27  bonds or revenue-producing certificates.

28         (c)  The Board shall determine the form of the bonds

29  and revenue-producing certificates, including interest coupons

30  to be attached thereto and the manner of execution thereof,

31  and shall fix the denomination or denominations of the bonds

                                  16

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    Florida Senate - 1998        (NP)                      SB 2732
    4-1477A-98                                              See HB




  1  or revenue-producing certificates and the place or places of

  2  payment of principal and interest, which may be at any bank or

  3  trust company within or without the state.

  4         (d)  All bonds issued under the provisions of this act

  5  shall be general obligations of the District and shall have

  6  all of the qualities and incidents of negotiable instruments

  7  under the negotiable instruments law of the state.

  8         (e)  The Board may sell such bonds or revenue-producing

  9  certificates in a manner, at a time or times, and for a price

10  or prices as it may determine to be for the best interest of

11  the District and, in the resolution or resolutions providing

12  for the issuance of any such bonds or revenue-producing

13  certificates, provisions may be made for the custody and

14  application of the proceeds therefrom as may be deemed

15  necessary or advantageous for safeguarding of the proceeds.

16         Section 6.  No bonds shall be issued by the District

17  under the provisions of this act unless such issuance has been

18  approved at an election as required by s. 12, Art. VII of the

19  State Constitution. Such election shall be called, noticed,

20  and conducted and the results thereof determined and declared

21  in the manner required by s. 100.201, Florida Statutes, except

22  as herein otherwise specifically provided.

23         Section 7.  (a)  At or prior to the issuance of any

24  bonds under this act, provision shall be made in and by a

25  resolution or resolutions adopted by the Board for the levy

26  each year throughout the life of the bonds of a tax on all of

27  the taxable real and personal property in the District

28  sufficient in amount to pay the interest of the bonds as it

29  becomes due and to create a sinking fund to pay the principal

30  thereof at or before maturity.

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    Florida Senate - 1998        (NP)                      SB 2732
    4-1477A-98                                              See HB




  1         (b)  The revenues received each year in excess of the

  2  amount required to pay the current expenses of administration,

  3  operation, maintenance, renewals, and replacements of said

  4  water supply and distribution system and sewage system shall

  5  be used to pay such interest and principal, and only such

  6  portion or amount of the annual tax as would otherwise be

  7  required shall be levied and collected.

  8         (c)  A certified copy of the resolution or resolutions

  9  making provisions for the levy of taxes as set forth above

10  shall be filed with the Board of County Commissioners of Levy

11  County and with the Comptroller of the state. It shall be the

12  duty of the board of county commissioners to order the

13  assessment and collection of the taxes so provided to be

14  assessed, levied, and collected in each year at the rate of

15  taxation required to produce the amounts provided for each

16  respective year and to be included in the warrant of the

17  county tax assessor and attached to the assessment roll of

18  taxes for each year, respectively.

19         (d)  It shall be the duty of the county tax assessor to

20  assess and of the county tax collector to collect, said taxes

21  accordingly. The tax collector shall collect such tax in the

22  same manner and with the same penalties as provided for county

23  taxes and remit the same to the administrative secretary of

24  the Board within the time and in the manner prescribed by law

25  for county taxes.

26         (e)  It is the duty of the Department of Revenue to

27  assess and levy said annual tax at the rate required of all

28  the railroad lines and property and all telegraph and

29  telephone lines and property located in the District, and the

30  taxes shall be so assessed and levied as are county taxes upon

31  such property, and such taxes when collected shall be remitted

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    Florida Senate - 1998        (NP)                      SB 2732
    4-1477A-98                                              See HB




  1  to the administrative secretary of the Board within the same

  2  time and in the manner prescribed by law for county taxes.

  3         (f)  Thereafter, whenever the Board of the District has

  4  net revenues available and set apart for the payment of

  5  interest and principal, it shall, on or before the next

  6  succeeding September 1, file with the board of county

  7  commissioners and also with the Department of Revenue a

  8  certification of the amount available and set apart. The

  9  certification shall operate to abate and reduce the rate and

10  amount of taxes otherwise provided to be levied and collected

11  during the next year under the provisions of this act.

12         Section 8.  In like manner as provided above, the Board

13  is hereby further authorized each year to cause to be levied

14  and collected an annual tax on all of the taxable real and

15  personal property in the District at a rate not to exceed 3

16  mills per annum, the proceeds of which shall be used and

17  applied to the payment of the cost of administration of the

18  Board.

19         Section 9.  All ad valorem taxes authorized above shall

20  be entered on the assessment rolls for real and personal

21  property in the District, and the proceeds thus received by

22  the administrative secretary of the Board shall be used only

23  for the purpose or purposes as herein authorized and provided

24  to be levied.

25         Section 10.  All work done by the District in the

26  construction, reconstruction, improvement, or enlargement of

27  the water supply and distribution system or sewage system

28  involving the expenditures of more than $1,000, except for the

29  purchase of the chemicals and supplies for water and sewage

30  treatment for which the consideration involved does not exceed

31  $1,500, shall be done by contract entered into following

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    Florida Senate - 1998        (NP)                      SB 2732
    4-1477A-98                                              See HB




  1  advertisement for bids received on a stated date pursuant to

  2  notice for sealed bids published at least once each week for 2

  3  consecutive weeks in a newspaper of general circulation among

  4  contractors in the state. All such contracts shall be secured

  5  by a performance bond in an amount not less than 80 percent of

  6  the contract price, furnished by a surety company or companies

  7  authorized to do business in the state.

  8         Section 11.  The Board is authorized and empowered to,

  9  by resolution, provide and require that:

10         (a)  All water used within the District by a user,

11  except that used for lawn sprinkling, agricultural irrigation,

12  or industrial use, shall be obtained from and through the

13  District and its water distribution system, provided the water

14  furnished by the District through its water distribution

15  system is of a quality to meet the requirements of the Florida

16  Department of Health for a public supply.

17         (b)  All sewage originating within the District, except

18  separately treated industrial waste, shall be disposed of

19  through the District sewage system and not otherwise.

20         (c)  The violation of user requirements set by

21  resolution is a misdemeanor of the second degree, punishable

22  as provided in s. 775.082, Florida Statutes.

23         Section 12.  Any person who is a resident within the

24  District and who is now or shall hereafter become or be a

25  qualified elector within Levy County, shall be deemed and

26  held, for all purposes of this act, to be a qualified elector

27  of the District.

28         Section 13.  Nothing in this act shall be construed as

29  restricting the power of the Legislature to hereafter amend

30  this act so as to enlarge the boundaries of the District or to

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    Florida Senate - 1998        (NP)                      SB 2732
    4-1477A-98                                              See HB




  1  increase the aggregate principal amount of bonds which may be

  2  issued by the District.

  3         Section 14.  Inasmuch as the works and facilities

  4  provided for in this act are for a public purpose essential

  5  for the health and welfare of the inhabitants of the District

  6  and for the growth and development thereof, the District shall

  7  not be required to pay any taxes or assessments upon any of

  8  its properties, nor the income therefrom.

  9         Section 15.  The provisions of this act are declared to

10  be severable and, if any provision is held unconstitutional or

11  invalid by any court of competent jurisdiction, such

12  constitutionality or invalidity shall not affect or impair any

13  of the remaining provisions.

14         Section 16.  Upon taking effect, this act shall

15  supersede and repeal chapters 63-1569, 75-426, 76-416, 80-531,

16  and 87-528, Laws of Florida.

17         Section 17.  This act shall take effect upon becoming a

18  law.

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