House Bill 4349

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    Florida House of Representatives - 1998                HB 4349

        By Representative Horan






  1                      A bill to be entitled

  2         An act relating to Monroe County; amending

  3         chapter 76-441, Laws of Florida, as amended,

  4         relating to the Florida Keys Aqueduct

  5         Authority; providing for certain matters

  6         regarding the construction, acquisition, and

  7         maintaining of a wastewater system for the

  8         collection, treatment, and disposal of

  9         wastewater in Monroe County; providing for

10         certain matters with respect to the purchase of

11         property by the Florida Keys Aqueduct

12         Authority; providing for notification to the

13         public of the availability of the Florida Keys

14         Aqueduct Authority's annual audit; amending

15         certain provisions relating to the issuance of

16         bonds; providing an effective date.

17

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

19

20         Section 1.  Section 1 of chapter 76-441, Laws of

21  Florida, as amended by chapter 77-605, Laws of Florida, is

22  amended to read:

23         Section 1.  Creation of Authority; boundaries

24  defined.--As of September 15, 1976, the Florida Keys Aqueduct

25  Authority, an independent special district, was is recreated

26  and thereafter was shall be the successor agency to the

27  Florida Keys Aqueduct Authority which was is abolished by

28  chapter 76-441, Laws of Florida this act.  The Florida Keys

29  Aqueduct Authority is not being recreated by this act or for

30  purposes of s. 189.404, Florida Statutes. The primary purpose

31  and function of this Authority shall be to obtain, supply, and

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  1  distribute an adequate water supply for the Florida Keys and

  2  to collect, treat, and dispose of wastewater in the Florida

  3  Keys.  The geographic jurisdiction of the Authority shall be

  4  as provided in this act. The Florida Keys Aqueduct Authority

  5  shall be an autonomous public body corporate and politic and

  6  have perpetual existence.  All lawful debts, bonds,

  7  obligations, contracts, franchises, promissory notes, audits,

  8  minutes, resolutions, and other undertakings of the Florida

  9  Keys Aqueduct Authority are hereby validated and shall

10  continue to be valid and binding on the Florida Keys Aqueduct

11  Authority in accordance with their respective terms,

12  conditions, covenants, and tenor.  Any proceedings heretofore

13  begun by the Florida Keys Aqueduct Authority for the

14  construction of any improvements, works, or facilities; for

15  the assessment of benefits and damages or for the borrowing of

16  money shall not be impaired or voided by this act but may be

17  continued and completed in the name of the Florida Keys

18  Aqueduct Authority. The Authority shall include within its

19  territorial boundaries all of the lands within Monroe County,

20  but may procure water outside its boundaries for sale within

21  said boundaries, and may serve customers residing within 1

22  mile of its pipeline, from its well field at Florida City in

23  Dade County to the territorial boundary of the Authority, and

24  may provide for the disposal or treatment of wastewater

25  outside its boundaries for wastewater from within its

26  boundaries.

27         Section 2.  Subsection (8) of section 3 of chapter

28  76-441, Laws of Florida, is amended to read:

29         Section 3.  Definitions.--Unless the context shall

30  indicate otherwise, the following words as used in this act

31  shall have the following meanings:

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  1         (8)  "Sewer system" means any plant, system, facility,

  2  or property and additions, extensions, and improvements

  3  thereto at any future time constructed or acquired as part

  4  thereof, useful or necessary or having the present capacity

  5  for future use in connection with the collection, treatment,

  6  purification, or disposal of sewage, including without

  7  limitation, industrial wastes resulting from any processes of

  8  industry, manufacture, trade, or business or from the

  9  development of any natural resources, and, without limiting

10  the generality of the foregoing, shall include treatment

11  plants, pumping stations, lift stations, valve, force mains,

12  intercepting sewers, laterals, pressure lines, mains and all

13  necessary appurtenances and equipment, all sewer mains,

14  laterals, and other devices for the reception and collection

15  of sewage from premises connected therewith, and all real and

16  personal property and any interest therein, rights, easements,

17  and franchises of any nature whatsoever relating to any such

18  system and necessary or convenient for the operation thereof.

19  The terms "wastewater" or "wastewater system" shall be

20  construed as synonymous with the term "sewer" or "sewer

21  system" for all purposes under this act.

22         Section 3.  Section 6 of chapter 76-441, Laws of

23  Florida, as amended by chapter 80-546, Laws of Florida, is

24  amended to read:

25         Section 6.  Compensation of the board.--Each member

26  shall be entitled to receive for such services a fee of $300

27  per meeting, not to exceed 3 meetings per month. In addition,

28  each board member shall receive reasonable expenses which

29  shall not be in excess of the amounts provided by law for

30  state and county officials in chapter 112, Florida Statutes.

31  The compensation amount for the members of the board provided

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  1  for in this section shall be adjusted annually based upon the

  2  index provided for pursuant to s. 287.017(2), Florida

  3  Statutes.

  4         Section 4.  Subsection (1) of section 7 of chapter

  5  76-441, Laws of Florida, is amended to read:

  6         Section 7.  Bonds; depositories; fiscal agent;

  7  budget.--

  8         (1)  Each member of the board of directors shall

  9  execute a bond to the Governor in the amount of $10,000 with a

10  qualified surety to secure their faithful performance of their

11  powers and duties.  The board of directors shall require a

12  certified audit of the books of the Authority at least once a

13  year at the expense of the Authority. Such audit shall be

14  available for public inspection and a notice of the

15  availability of the audit shall be published in a newspaper

16  published in Monroe County at least once within 6 months after

17  the end of each fiscal year.  The legislative auditor may

18  audit the Authority at any time.

19         Section 5.  Subsection (3) of section 9 of chapter

20  76-441, Laws of Florida, as amended by chapters 77-604,

21  80-546, and 84-483, Laws of Florida, is amended to read:

22         Section 9.  Powers of the Authority.--In addition to

23  and not in limitation of the powers of the Authority, it shall

24  have the following powers:

25         (3)  OWNERSHIP AND DISTRIBUTION OF PROPERTY.--To

26  acquire property, real, personal, or mixed within or without

27  its territorial limits in fee simple or any lesser interest or

28  estate by purchase, gift, devise, or lease on such terms and

29  conditions as the board of directors may deem necessary or

30  desirable and by condemnation (subject to limitations herein

31  below). The Authority shall provide information and assistance

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  1  to Monroe County for use in preparing its comprehensive plan

  2  with respect to the availability of water and wastewater

  3  facilities. Except in cases of emergency, or the purchase of

  4  sole source items, or when the board determines that delay

  5  would be detrimental to the interests of the Authority, no

  6  equipment shall be purchased in accordance with part I of

  7  chapter 287, Florida Statutes whose purchase price exceeds

  8  $5,000 shall be purchased unless purchased upon competitive

  9  bids received.  All provided that the board of directors

10  determines that the use or ownership of such property be

11  necessary in the furtherance of a designated lawful purpose

12  authorized under the provisions of this act.  However, the

13  authority may purchase equipment or material without

14  competitive bid, regardless of price, when the manufacturer

15  manufacturers of such equipment or material refuses to bid on

16  the equipment or material and the board determines that the

17  public interest would be served, and substantial savings would

18  result, if the equipment or material were purchased directly

19  from the manufacturer.  In all such cases the board shall

20  enter a record of such purchase in the "Record of Governing

21  Board of Florida Keys Aqueduct Authority."  The Authority is

22  specifically excluded from the provisions of s. 253.03(6),

23  Florida Statutes, and has the authority to hold title to

24  property in its own name; to acquire easements or

25  rights-of-way, with or without restrictions, within or without

26  the limits of the Authority.  The State of Florida may convey

27  to the Authority rights-of-way over any of the lands and

28  structures belonging to the State of Florida or any of its

29  agencies for the purpose of constructing, maintaining,

30  supplying, establishing, and regulating the works and projects

31  involved in the wastewater system or the water supply and

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  1  distribution systems authorized by this act.  To mortgage,

  2  hold, manage, control, convey, lease, sell, grant, or

  3  otherwise dispose of the same and any of the assets and

  4  properties of the Authority without regard to chapter 273,

  5  Florida Statutes.

  6         Section 6.  Paragraphs (k), (l), (m), (n), (o), and (p)

  7  are added to subsection (9) of section 9 of chapter 76-441,

  8  Laws of Florida, to read:

  9         Section 9. Powers of the Authority.--In addition and

10  not in limitation of the powers of the Authority, it shall

11  have the following powers:

12         (9)

13         (k)  The Authority shall have power to contract with

14  any person, any private or public corporation, the State of

15  Florida, or any agency, instrumentality, or county,

16  municipality or political subdivision thereof, or any agency,

17  instrumentality, or corporation of or created by the United

18  States, with respect to such wastewater system or any part

19  thereof. The Authority shall also have power to accept and

20  receive grants or loans from the same, and in connection with

21  any such contract, grant, or loan, to stipulate and agree to

22  such covenants, terms, and conditions as the governing body of

23  the Authority shall deem appropriate.

24         (l)  To make or cause to be made such surveys,

25  investigations, studies, borings, maps, drawings, and

26  estimates of cost and revenues as it may deem necessary, and

27  to prepare and adopt a comprehensive plan or plans for the

28  location, relocation, construction, improvement, revision, and

29  development of the wastewater system.

30         (m)  That subject to covenants or agreement with

31  bondholders contained in proceedings authorizing the issuance

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  1  of bonds pursuant to this act, the Authority shall have the

  2  power to lease said wastewater system or any part or parts

  3  thereof, to any person, firm, corporation, association, or

  4  body, upon such terms and conditions and for such periods of

  5  time as shall be determined by the governing body. The

  6  Authority shall also, whenever desirable, have power to grant

  7  permits or licenses in connection with any of the facilities

  8  of such wastewater system, and shall have full and complete

  9  power to do all things necessary and desirable for the proper

10  and efficient administration and operation of such wastewater

11  system and all parts thereof. The Authority shall also have

12  power, whenever deemed necessary or desirable and subject to

13  covenants and agreements with bondholders, to lease from any

14  person, firm, corporation, association, or body, any

15  facilities of any nature for such wastewater system.

16         (n)  That charges shall be levied by the Authority

17  against its own books or against Monroe County with respect to

18  providing any facilities or services rendered by such

19  wastewater system to the Authority or to Monroe County, or to

20  any other political subdivision or public body or agency which

21  receives wastewater system services, or to any department or

22  works thereof, at the rate or rates applicable to other

23  customers or users taking facilities or services under similar

24  conditions. Revenues derived from such facilities or services

25  so furnished shall be treated as all other revenues of the

26  wastewater system.

27         (o)  Neither Monroe County, nor any municipality or

28  special district therein, shall exercise any present or future

29  power, pursuant to law, to interfere with the Authority's

30  jurisdiction and operation of the wastewater system in such a

31  manner as to impair or adversely affect the covenants and

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  1  obligations of the Authority under agreement relating to its

  2  bonds or other debts.

  3         (p)  The Authority shall have exclusive jurisdiction

  4  over the administration, maintenance, development, and

  5  provision of wastewater system services in Monroe County, with

  6  the exception of the City of Key West, the City of Key Colony

  7  Beach, the City of Layton, and Islamorada, Village of Islands,

  8  unless such incorporated areas shall choose to grant the

  9  Authority such jurisdiction, and the Authority's wastewater

10  system authorized hereunder shall be the exclusive provider of

11  wastewater system services and no franchise or grant of power

12  to any other entity or provider shall be lawful unless

13  preapproved by the Authority. The Authority shall have the

14  power to regulate the use of, including prohibiting the use of

15  or mandating the use of, specific types of wastewater

16  facilities and, notwithstanding any other provisions hereof,

17  shall be authorized to prescribe the specific type of

18  wastewater treatment facility or measures required to be

19  utilized within the boundaries of the Authority, including,

20  but not limited to, requiring the use of septic tanks in lieu

21  of cess pits, the mandatory hookup to specific wastewater

22  treatment plants, requiring upgrades be undertaken on site

23  wastewater systems, and any other combination of the foregoing

24  in order to manage effluent disposal and wastewater matters.

25         Section 7.  Section 17 of chapter 76-441, Laws of

26  Florida, is amended to read:

27         Section 17.  Remedies.--Any holder of bonds issued

28  under the provisions of this act or of any of the coupons

29  appertaining thereto, and the trustee under the trust

30  indenture, if any, except to the extent the rights herein

31  given may be restricted by resolution passed before the

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  1  issuance of the bonds or by the trust indenture, may, either

  2  at law or in equity, by suit, action, mandamus, or other

  3  proceeding, protect and enforce any and all rights under the

  4  laws of the State of Florida or granted hereunder or under

  5  such resolution or trust indenture, and may enforce or compel

  6  performance of all duties required by this act or by such

  7  resolution or trust indenture to be performed by the Authority

  8  or any officer thereof, including the fixing, charging, and

  9  collecting of rates and other charges for both water furnished

10  by the waterworks system and wastewater treatment furnished by

11  the wastewater system.

12         Section 8.  Section 28 of chapter 76-441, Laws of

13  Florida, as amended by chapters 80-546 and 87-454, Laws of

14  Florida, is amended to read:

15         Section 28.  Authorization and form of revenue

16  bonds.--Revenue bonds may be authorized by resolution of the

17  board of directors which shall be adopted by a majority of all

18  members thereof then in office. Such resolutions may be

19  adopted at the meeting subsequent to and not at the same

20  meeting at which they are introduced.  The board may by

21  resolution authorize the issuance of revenue bonds on either a

22  negotiated or competitive bid basis, fix the aggregate amount

23  of revenue bonds to be issued, the purpose or purposes for

24  which the moneys derived therefrom shall be expended, the rate

25  or rates of interest, which rate may not exceed the rate

26  authorized by general law, the denomination of bonds, whether

27  or not the bonds are to be issued in one or more series, the

28  date or dates thereof, the date or dates of maturity, which

29  shall not exceed 40 years from their respective dates of

30  issuance, the medium of payment, place or places within or

31  without the state where payment shall be made, registration,

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  1  privileges, redemption terms and privileges (whether with or

  2  without premium), the manner of execution, the form of the

  3  bonds, including any interest coupons to be attached thereto,

  4  the manner of execution of bonds and coupons, and any and all

  5  other terms, covenants and conditions thereof, and the

  6  establishment of reserve or other funds. Prior to the issuance

  7  of bonds by the Authority to finance wastewater projects,

  8  approval by majority vote of the Board of County Commissioners

  9  of Monroe County of the Authority's ongoing right and power to

10  issue bonds shall be received (the "County Approval"). Once

11  the County Approval of the Authority's ongoing right and power

12  to issue bonds has been received, the Authority shall

13  thereafter have such right to issue bonds for its projects and

14  to make any and all determinations relating to such bond

15  issues.

16         Section 9.  This act shall take effect upon becoming a

17  law.

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