House Bill 3823er
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1998 Legislature HB 3823, Second Engrossed
1
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
1
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1998 Legislature HB 3823, Second 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
2
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1998 Legislature HB 3823, Second 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
3
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1998 Legislature HB 3823, Second 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
4
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1998 Legislature HB 3823, Second 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
5
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1998 Legislature HB 3823, Second 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:
6
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1998 Legislature HB 3823, Second 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
7
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1998 Legislature HB 3823, Second 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:
8
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1998 Legislature HB 3823, Second 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
9
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1998 Legislature HB 3823, Second 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
10
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1998 Legislature HB 3823, Second 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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1998 Legislature HB 3823, Second 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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1998 Legislature HB 3823, Second 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
13
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1998 Legislature HB 3823, Second 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
14
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1998 Legislature HB 3823, Second 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
15
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1998 Legislature HB 3823, Second 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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1998 Legislature HB 3823, Second 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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1998 Legislature HB 3823, Second 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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1998 Legislature HB 3823, Second 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 Department of Revenue 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 Department of Revenue 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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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
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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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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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