House Bill 3823e1

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                                          HB 3823, First Engrossed



  1                      A bill to be entitled

  2         An act relating to the Cedar Key Special Water

  3         and Sewerage District in Levy County; codifying

  4         laws governing the independent special

  5         district; revising the name of the district;

  6         establishing revised district boundaries;

  7         revising the election procedures for district

  8         commissioners; providing for administrative

  9         secretary; granting power and duties to Board;

10         authorizing district to issue bonds and to

11         prescribe duties and procedures; giving the

12         Board the power to tax and providing

13         procedures; requiring the advertising and

14         bidding on district work over a certain amount;

15         granting additional powers to Board; providing

16         the qualifications of district electors;

17         stating the Legislature is not restricted in

18         its ability to modify boundaries and bond

19         principal maximums; exempting the district from

20         paying taxes on its property and income;

21         providing for severability; repealing chapters

22         63-1569, 75-426, 76-416, 80-531, and 87-528,

23         Laws of Florida; providing an effective date.

24

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

26

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

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

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

30  87-528, Laws of Florida, affecting the public body corporate

31  and political subdivision known as the Cedar Key Special Water


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                                          HB 3823, First Engrossed



  1  and Sewerage District; adopts amendments thereto; and repeals

  2  all previously adopted local acts. Said body corporate and

  3  political subdivision shall remain an independent special

  4  district established by the Legislature of the State of

  5  Florida for the purpose of providing potable water and

  6  wastewater treatment services to the district boundary area

  7  described below. Said special independent district shall

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

  9  All previous references to the Cedar Key Special Water and

10  Sewerage District, shall hereafter be deemed to refer to the

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

12         (b)  District boundaries shall be as provided and

13  incorporated by reference as if set forth fully herein.

14

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

16  be as follows:

17

18         For a point of reference, commence at the point

19         of intersection of the centerline of Florida

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

21         with the Easterly line of Section 3, Township

22         15 South, Range 13 East and run South 55

23         degrees 38 minutes 34 seconds West, along said

24         centerline, a distance of 435.62 feet to a

25         point of curvature in said line; continue

26         thence Southwesterly along said centerline and

27         along the arc of a curve, concave Southeasterly

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

29         distance of 332.29 feet to a point referenced

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

31         chord being South 54 degrees 48 minutes 44


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                                          HB 3823, First Engrossed



  1         seconds West; run thence South 36 degrees 38

  2         minutes 46 seconds East, a distance of 50.00

  3         feet to a point in the Southeasterly

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

  5         the Point of Beginning. From the Point of

  6         Beginning thus described, continue South 36

  7         degrees 38 minutes 46 seconds East, a distance

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

  9         degrees 27 minutes 24 seconds West, a distance

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

11         degrees 38 minutes 46 seconds West, a distance

12         of 420.00 feet to a point in the Southeasterly

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

14         No. 24; thence run Southwesterly along said

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

16         line with the East line of the West half of the

17         Northwest Quarter of the Northwest Quarter of

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

19         thence run South to the Southeast corner of the

20         Northwest Quarter of the Southwest Quarter of

21         the Northwest Quarter of said Section 16;

22         thence run West to the West line of said

23         Section 16; thence run South to the Northeast

24         corner of the Southeast Quarter of the

25         Southeast Quarter of Section 17, Township 15

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

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

28         24; thence run Southerly along the said

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

30         North line of Section 20, Township 15 South,

31         Range 13 East; thence run Easterly along the


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                                          HB 3823, First Engrossed



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

  2         the Southeast corner of the Southwest Quarter

  3         of the Southwest Quarter of Section 14,

  4         Township 15 South, Range 13 East; thence run

  5         Southerly three and one-half miles to a point

  6         that is East of the Southern most point of the

  7         Island of Atsena Otie Key; thence run West a

  8         distance of six and one-quarter miles; thence

  9         run North a distance of three and one-quarter

10         miles to the Northwest corner of Section 23,

11         Township 15 South, Range 12 East; thence run

12         Easterly along the North line of Sections 23

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

14         the North line of Sections 19 and 20, Township

15         15 South, Range 13 East, to the West

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

17         run North and Northeasterly along said

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

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

20         line of Old State Road 24 and the Easterly

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

22         East to the said intersection of the Westerly

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

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

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

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

27         line of State Road 24; thence run Northerly to

28         the intersection of said line with the

29         centerline of Levy County Road No. 347; thence

30         run Northeast along the centerline of County

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


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                                          HB 3823, First Engrossed



  1         Township 15 South, Range 13 East; thence

  2         continue North 18 degrees 24 minutes 19 seconds

  3         East, along the said centerline a distance of

  4         221.24 feet to an intersection with a curve

  5         concave to the Northeast, having a radius of

  6         5,729.58 feet and a central angle of 03 degrees

  7         46 minutes 23 seconds; thence run Northeasterly

  8         along the arc of said curve a distance of

  9         377.50 feet to the point of tangent of said

10         seconds West; run thence South 36 degrees 38

11         minutes 46 seconds East, a distance of 50.00

12         feet to a point in the Southeasterly

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

14         the Point of Beginning. From the Point of

15         Beginning thus described, continue South 36

16         degrees 38 minutes 46 seconds East a distance

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

18         degrees 27 minutes 24 seconds West, a distance

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

20         degrees 38 minutes 46 seconds West, a distance

21         of 420.00 feet to a point in the Southeasterly

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

23         No. 24; thence run Southwesterly along said

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

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

26         State Road 24: thence run Southerly to the East

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

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

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

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

31         thence run Easterly along the curve; thence run


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                                          HB 3823, First Engrossed



  1         North 22 degrees 10 minutes 42 seconds East

  2         along the said centerline a distance of

  3         2,127.25 feet; thence run North 67 degrees 49

  4         minutes 18 seconds West perpendicular to the

  5         said centerline a distance of 50 feet to an

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

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

  8         degrees 10 minutes 42 seconds West along the

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

10         feet; thence run North 67 degrees 49 minutes 18

11         seconds West perpendicular to said West

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

13         thence run North 22 degrees 10 minutes 42

14         seconds East parallel to said County Road No.

15         347, a distance of 100 feet; thence run South

16         67 degrees 49 minutes 18 seconds East

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

18         distance of 105.82 feet to the intersection

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

20         No. 347; thence run Southwesterly along said

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

22         said westerly line of County Road No. 347 to

23         the intersection of said line with the

24         centerline of State Road No. 24; thence run

25         Northeasterly along the centerline of State

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

27         above; thence run South 36 degrees 38 minutes

28         46 seconds East to the Point of Beginning.

29

30         Together with the following described parcels

31         of land:


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                                          HB 3823, First Engrossed



  1

  2         Parcel A: (96/227)

  3

  4         That part of the Southwest Quarter of Section

  5         9, Township 15 South, Range 13 East,

  6         particularly as follows, to-wit:

  7

  8         Commence at the Southwest corner of Section 9

  9         Township 15 South 13 East for a point of

10         reference; thence run South 89 degrees 32

11         minutes 55 seconds East along the South line of

12         said Section 9 a distance of 291.56 feet to an

13         intersection with the centerline of County Road

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

15         19 seconds East along the said centerline a

16         distance of 221.24 feet to an intersection with

17         a curve concave to the Northeast, having a

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

19         03 degrees 46 minutes 23 seconds; thence run

20         Northeasterly along the arc of said curve a

21         distance of 377.50 feet to the point of tangent

22         of said curve; thence run North 22 degrees 10

23         minutes 42 seconds East along the said

24         centerline a distance of 2,127.25 feet; thence

25         run North 67 degrees 49 minutes 18 seconds West

26         perpendicular to the said centerline a distance

27         of 50 feet to an intersection with the West

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

29         to establish the Point of Beginning; from said

30         Point of Beginning, thence run South 22 degrees

31         10 minutes 42 seconds West along the said West


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                                          HB 3823, First Engrossed



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

  2         run North 67 degrees 49 minutes 18 seconds West

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

  4         distance of 105.82 feet; thence run North 22

  5         degrees 10 minutes 42 seconds East parallel to

  6         said County Road No. 347 a distance of 100

  7         feet; thence run South 67 degrees 49 minutes 18

  8         seconds East perpendicular to the said West

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

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

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

12         22 degrees 10 minutes 42 seconds West along the

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

14         feet to the Point of Beginning.

15

16         Parcel B: (96/232)

17

18         Begin at the Northeast corner of Section 17,

19         Township 15 South, Range 13 East and thence run

20         West along the North line of said Section 17 a

21         distance of 660 feet; thence run South 660

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

23         the East line of said Section 17; thence run

24         North 660 feet to the Point of Beginning.

25

26         and (109/617)

27

28         That part-of the Northeast Quarter of the

29         Northeast Quarter of Section 17, Township 15

30         South, Range 13 East, being more particularly

31         described as follows, to-wit:


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                                          HB 3823, First Engrossed



  1

  2         Commence at the Northeast corner of said

  3         Section 17 for a point of reference; thence run

  4         South 00 degrees 29 minutes 38 seconds West

  5         along the East line of said Northeast Quarter

  6         of the Northeast Quarter of Section 17 a

  7         distance of 580.51 feet to a concrete monument

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

  9         road; thence run North 72 degrees 00 minutes 22

10         seconds West along the North line of said 66.00

11         foot road a distance of 228.38 feet to a

12         concrete monument; thence run North 83 degrees

13         03 minutes 22 seconds West along the North line

14         of said 66.00 foot road to a concrete monument

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

16         of 444.99 feet to establish the Point of

17         Beginning. From said Point of Beginning, run

18         North 00 degrees 29 minutes 38 seconds East

19         parallel with the East line of said Northeast

20         Quarter of the Northeast Quarter a distance of

21         461.94 feet; thence run North 89 degrees 30

22         minutes 20 seconds West along the North line of

23         said Northeast Quarter of the Northeast Quarter

24         a distance of 320 feet; thence run

25         Southeasterly a distance of 500 feet, more or

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

27         of said 66.00 foot road, which point is South

28         83 degrees 03 minutes 22 seconds East a

29         distance of 110 feet from the Point of

30         Beginning; thence run South 83 degrees 03

31         minutes 22 seconds East along the North line of


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                                          HB 3823, First Engrossed



  1         said 66.00 foot road a distance of 110 feet to

  2         the Point of Beginning,

  3

  4         and (109/619)

  5

  6         Together with a perpetual easement and

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

  8         utilities on, over, and along that certain

  9         strip, piece, and parcel of land 66.00 feet

10         wide situate and being in the County of Levy,

11         State of Florida, particularly described as

12         follows, to-wit:

13

14         That part of the Northeast Quarter of the

15         Northeast Quarter of Section 17, Township 15

16         South, Range 13 East, further described as:

17

18         Commence at the Northeast corner of said

19         Section 17 for a point of reference; thence run

20         South 00 degrees 29 minutes 38 seconds West

21         along the East line of said Northeast Quarter

22         of the Northeast Quarter of Section 17 a

23         distance of 580.51 feet to a concrete monument

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

25         road for the Point of Beginning. From said

26         Point of Beginning continue South 00 degrees 29

27         minutes 38 seconds West along the East line of

28         said Northeast Quarter of the Northeast Quarter

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

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

31         line of said 66.00 foot road; thence run North


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                                          HB 3823, First Engrossed



  1         72 degrees 00 minutes 22 seconds West along the

  2         South line of said 66.00 foot road a distance

  3         of 242.81 feet to a concrete monument; thence

  4         run North 83 degrees 03 minutes 22 seconds West

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

  6         foot road a distance of 55.77 feet to a

  7         concrete monument at the Northwesterly corner

  8         of the Central Florida Electric Co-Operative,

  9         Inc., Sub-station property; thence continue

10         North 83 degrees 03 minutes 22 seconds West

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

12         foot road a distance of 375.38 feet, to a

13         concrete monument; thence run North 00 degrees

14         29 minutes 38 seconds East parallel to the East

15         line of said Northeast Quarter of the Northeast

16         Quarter of Section 17, a distance of 66.42 feet

17         to a concrete monument set in the North line of

18         said 66.00 foot road; thence run South 83

19         degrees 03 minutes 22 seconds East a distance

20         of 444.99 feet to a concrete monument in the

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

22         road; thence run South 72 degrees 00 minutes 22

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

24         a distance of 228.38 feet to a concrete

25         monument on the East line of said Northeast

26         Quarter of the Northeast Quarter of said

27         Section 17 to the Point of Beginning,

28

29         Parcel C: (96/229)

30

31


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                                          HB 3823, First Engrossed



  1         A strip of land 20 feet wide described as that

  2         part of the Northwest Quarter of the Northwest

  3         Quarter of Section 16, Township 15 South, Range

  4         13 East, in Levy County, Florida, being 20.00

  5         feet in width and lying 10.00 feet on each side

  6         of the following described centerline, to-wit:

  7

  8         Commence at the Northwest corner of said

  9         Section 16 in Township 15 South, Range 13 East

10         for a point of reference and thence run South

11         00 degrees 29 minutes 38 seconds West along the

12         West line of said Section 16 a distance of

13         419.60 feet to establish the Point of

14         Beginning; from the said Point of Beginning

15         thence run North 89 degrees 26 minutes 19

16         seconds East a distance of 103.96 feet to an

17         intersection with the Westerly Right-of-Way

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

19         termination of the above described centerline.

20

21         and

22

23         A strip of land 40.00 feet wide described as

24         that part of the Northwest Quarter of the

25         Northwest Quarter of Section 16, Township 15

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

27         being 40.00 feet in width and lying 20.00 feet

28         on each side of the following described

29         centerline, to-wit:

30

31


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                                          HB 3823, First Engrossed



  1         Commence at the Northwest corner of said

  2         Section 16 in Township 15 South, Range 13 East

  3         for a point of reference and thence run South

  4         00 degrees 29 minutes 38 seconds West along the

  5         West line of said Section 16 a distance of

  6         591.00 feet to establish the Point of

  7         Beginning; from said Point of Beginning, thence

  8         run South 88 degrees 34 minutes 22 seconds East

  9         a distance of 47.68 feet to an intersection

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

11         Road No. 347 and the point of termination of

12         the above described centerline.

13

14         all lying and being in Levy County, Florida.

15

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

17  service to those properties presently being served in Sections

18  16 and 17 of Township 15 South, Range 13 East.

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

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

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

22  be a qualified voter in the District.

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

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

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

26  canvassed separately from those of the city election and shall

27  be certified to this Board.

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

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

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

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


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                                          HB 3823, First Engrossed



  1  shall also designate one member as Board secretary.

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

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

  4  countersigned by the Board secretary or other Board member in

  5  the absence of the Board secretary.

  6         (d)  The Board shall appoint an administrative

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

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

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

10  for the funds of the District.

11         (e)  All candidates for commissioner shall run by

12  groups and shall qualify by filing the petition with the

13  administrative secretary of this Board during the same period

14  provided by the City of Cedar Key for city commission

15  candidates. The administrative secretary of this Board shall

16  be responsible for preparing the ballot and supervising the

17  election of commissioners in holding elections.

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

19  Board, the remaining four members shall appoint a qualified

20  person to serve until the next election.

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

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

23  and political subdivision, including the power to:

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

25  property in said District, as hereinafter provided.

26         (2)  Sue and be sued.

27         (3)  Contract and be contracted with.

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

29         (5)  Acquire by either or both construction or

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

31


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                                          HB 3823, First Engrossed



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

  2  proper or expedient.

  3         (6)  Appoint and employ a superintendent and other

  4  employees as the Board may deem advisable.

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

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

  7  and to improve, extended, enlarge, reconstruct, own, operate,

  8  manage, and control a public water supply and distribution

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

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

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

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

13  and facilities furnished by any such water supply and

14  distribution system and any sewage system and to fix and

15  collect charges for making connections with either system.

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

17  or convey property, real or personal, wherein the

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

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

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

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

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

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

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

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

26  substantially as follows:

27

28         "Notice to electors and customers in Cedar Key

29         Water and Sewer District. NOTICE IS GIVEN to

30         all electors and customers of the Cedar Key

31         Water and Sewer District as defined by Chapter


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                                          HB 3823, First Engrossed



  1                 , Laws of Florida, that the Board of

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

  3         be held at                                    ,

  4         consider and dispose of the following official

  5         business of the Board:

  6

  7         (Here briefly state the general nature of the

  8         business to be transacted.)

  9

10         All persons having any interest in said matter

11         may appear before the Board at said time and

12         place and they will be heard."

13

14         Dated this                         .

15                           (Signed)

16                                                   .

17                      Secretary of the Board

18

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

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

21  necessary for carrying out the provisions of this act through

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

23  acquiring said property shall be in accordance with the

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

25  hereby expressly made applicable to eminent domain proceedings

26  instituted by the District.

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

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

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

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

31  include revenue-producing certificates issued by the District,


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                                          HB 3823, First Engrossed



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

  2  sewage system and said water supply and distribution system.

  3         (b)  Such bonds and revenue-producing certificates

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

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

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

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

  8  revenue-producing certificates may be made redeemable before

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

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

11  bonds or revenue-producing certificates.

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

13  and revenue-producing certificates, including interest coupons

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

15  and shall fix the denomination or denominations of the bonds

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

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

18  trust company within or without the state.

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

20  shall be general obligations of the District and shall have

21  all of the qualities and incidents of negotiable instruments

22  under the negotiable instruments law of the state.

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

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

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

26  the District and, in the resolution or resolutions providing

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

28  certificates, provisions may be made for the custody and

29  application of the proceeds therefrom as may be deemed

30  necessary or advantageous for safeguarding of the proceeds.

31


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                                          HB 3823, First Engrossed



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

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

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

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

  5  and conducted and the results thereof determined and declared

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

  7  as herein otherwise specifically provided.

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

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

10  resolution or resolutions adopted by the Board for the levy

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

12  the taxable real and personal property in the District

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

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

15  thereof at or before maturity.

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

17  amount required to pay the current expenses of administration,

18  operation, maintenance, renewals, and replacements of said

19  water supply and distribution system and sewage system shall

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

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

22  required shall be levied and collected.

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

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

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

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

27  duty of the board of county commissioners to order the

28  assessment and collection of the taxes so provided to be

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

30  taxation required to produce the amounts provided for each

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


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                                          HB 3823, First Engrossed



  1  county tax assessor and attached to the assessment roll of

  2  taxes for each year, respectively.

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

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

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

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

  7  taxes and to remit the same to the administrative secretary of

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

  9  for county taxes.

10         (e)  It is the duty of the Comptroller of the state to

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

12  the railroad lines and property and all telegraph and

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

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

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

16  to the administrative secretary of the Board within the same

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

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

19  net revenues available and set apart for the payment of

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

21  succeeding September 1, file with the board of county

22  commissioners and also with the Comptroller of the state a

23  certification of the amount of thus available and set apart.

24  The certification shall operate to abate and reduce the rate

25  and amount of taxes otherwise provided to be levied and

26  collected during the next year under the provisions of this

27  act.

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

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

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

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


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                                          HB 3823, First Engrossed



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

  2  applied to the payment of the cost of administration of the

  3  Board.

  4         Section 9.  All ad valorem taxes authorized above shall

  5  be entered on the assessment rolls for real and personal

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

  7  the administrative secretary of the Board shall be used only

  8  for the purpose or purposes as herein authorized and provided

  9  to be levied.

10         Section 10.  (a)  All work done by the District in the

11  construction, reconstruction, improvement, or enlargement of

12  the water supply and distribution system or sewage system

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

14  purchase of the chemicals and supplies for water and sewage

15  treatment for which the consideration involved does not exceed

16  $1,500, shall be done by contract entered into following

17  advertisement for bids received on a stated date pursuant to

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

19  consecutive weeks in a newspaper of general circulation among

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

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

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

23  authorized to do business in the state.

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

25  by resolution, provide and require that:

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

27  except that used for lawn sprinkling, agricultural irrigation,

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

29  District and its water distribution system, provided the water

30  furnished by the District through its water distribution

31


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                                          HB 3823, First Engrossed



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

  2  Department of Health for a public supply.

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

  4  separately treated industrial waste, shall be disposed of

  5  through the District sewage system and not otherwise.

  6         (c)  The violation of user requirements set by

  7  resolution is a misdemeanor of the second degree, punishable

  8  as provided in s. 775.082, Florida Statutes.

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

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

11  qualified elector within Levy County, shall be deemed and

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

13  of the District.

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

15  restricting the power of the Legislature to hereafter amend

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

17  increase the aggregate principal amount of bonds which may be

18  issued by the District.

19         Section 14.  Inasmuch as the works and facilities

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

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

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

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

24  its properties, nor the income therefrom.

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

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

27  invalid by any court of competent jurisdiction, such

28  constitutionality or invalidity shall not affect or impair any

29  of the remaining provisions.

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                                          HB 3823, First Engrossed



  1         Section 16.  Upon taking effect, this act shall

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

  3  and 87-528, Laws of Florida.

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

  5  law.

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