House Bill 4349er

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    1998 Legislature                      HB 4349, First Engrossed



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  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.

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

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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.

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

25  76-441, Laws of Florida, is amended to read:

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

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

28  shall have the following meanings:

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

30  or property and additions, extensions, and improvements

31  thereto at any future time constructed or acquired as part


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  1  thereof, useful or necessary or having the present capacity

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

  3  purification, or disposal of sewage, including without

  4  limitation, industrial wastes resulting from any processes of

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

  6  development of any natural resources, and, without limiting

  7  the generality of the foregoing, shall include treatment

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

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

10  necessary appurtenances and equipment, all sewer mains,

11  laterals, and other devices for the reception and collection

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

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

14  and franchises of any nature whatsoever relating to any such

15  system and necessary or convenient for the operation thereof.

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

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

18  system" for all purposes under this act.

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

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

21  amended to read:

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

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

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

25  each board member shall receive reasonable expenses which

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

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

28  The compensation amount for the members of the board provided

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

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

31  Statutes.


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    1998 Legislature                      HB 4349, First Engrossed



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

  2  76-441, Laws of Florida, is amended to read:

  3         Section 7.  Bonds; depositories; fiscal agent;

  4  budget.--

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

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

  7  qualified surety to secure their faithful performance of their

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

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

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

11  available for public inspection and a notice of the

12  availability of the audit shall be published in a newspaper

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

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

15  audit the Authority at any time.

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

17  76-441, Laws of Florida, as amended by chapters 77-604,

18  80-546, and 84-483, Laws of Florida, is amended to read:

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

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

21  have the following powers:

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

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

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

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

26  conditions as the board of directors may deem necessary or

27  desirable and by condemnation (subject to limitations herein

28  below). The Authority shall provide information and assistance

29  to Monroe County for use in preparing its comprehensive plan

30  with respect to the availability of water and wastewater

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


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

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

  3  equipment shall be purchased in accordance with part I of

  4  chapter 287, Florida Statutes whose purchase price exceeds

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

  6  bids received.  All provided that the board of directors

  7  determines that the use or ownership of such property be

  8  necessary in the furtherance of a designated lawful purpose

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

10  authority may purchase equipment or material without

11  competitive bid, regardless of price, when the manufacturer

12  manufacturers of such equipment or material refuses to bid on

13  the equipment or material and the board determines that the

14  public interest would be served, and substantial savings would

15  result, if the equipment or material were purchased directly

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

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

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

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

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

21  property in its own name; to acquire easements or

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

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

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

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

26  agencies for the purpose of constructing, maintaining,

27  supplying, establishing, and regulating the works and projects

28  involved in the wastewater system or the water supply and

29  distribution systems authorized by this act.  To mortgage,

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

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


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  1  properties of the Authority without regard to chapter 273,

  2  Florida Statutes.

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

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

  5  Laws of Florida, to read:

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

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

  8  have the following powers:

  9         (9)

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

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

12  Florida, or any agency, instrumentality, or county,

13  municipality or political subdivision thereof, or any agency,

14  instrumentality, or corporation of or created by the United

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

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

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

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

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

20  the Authority shall deem appropriate.

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

22  investigations, studies, borings, maps, drawings, and

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

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

25  location, relocation, construction, improvement, revision, and

26  development of the wastewater system.

27         (m)  That subject to covenants or agreement with

28  bondholders contained in proceedings authorizing the issuance

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

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

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


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

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

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

  4  permits or licenses in connection with any of the facilities

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

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

  7  and efficient administration and operation of such wastewater

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

  9  power, whenever deemed necessary or desirable and subject to

10  covenants and agreements with bondholders, to lease from any

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

12  facilities of any nature for such wastewater system.

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

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

15  providing any facilities or services rendered by such

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

17  any other political subdivision or public body or agency which

18  receives wastewater system services, or to any department or

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

20  customers or users taking facilities or services under similar

21  conditions. Revenues derived from such facilities or services

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

23  wastewater system.

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

25  special district therein, shall exercise any present or future

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

27  jurisdiction and operation of the wastewater system in such a

28  manner as to impair or adversely affect the covenants and

29  obligations of the Authority under agreement relating to its

30  bonds or other debts.

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  1         (p)  The Authority shall have exclusive jurisdiction

  2  over the administration, maintenance, development, and

  3  provision of wastewater system services in Monroe County, with

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

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

  6  unless such incorporated areas shall choose to grant the

  7  Authority such jurisdiction, and the Authority's wastewater

  8  system authorized hereunder shall be the exclusive provider of

  9  wastewater system services and no franchise or grant of power

10  to any other entity or provider shall be lawful unless

11  preapproved by the Authority. The Authority shall have the

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

13  or mandating the use of, specific types of wastewater

14  facilities and, notwithstanding any other provisions hereof,

15  shall be authorized to prescribe the specific type of

16  wastewater treatment facility or measures required to be

17  utilized within the boundaries of the Authority, including,

18  but not limited to, the mandatory hookup to specific

19  wastewater treatment plants, in order to manage effluent

20  disposal and wastewater matters.

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

22  Florida, is amended to read:

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

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

25  appertaining thereto, and the trustee under the trust

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

27  given may be restricted by resolution passed before the

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

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

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

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


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

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

  3  resolution or trust indenture to be performed by the Authority

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

  5  collecting of rates and other charges for both water furnished

  6  by the waterworks system and wastewater treatment furnished by

  7  the wastewater system.

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

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

10  amended to read:

11         Section 28.  Authorization and form of bonds.--Bonds

12  may be authorized by resolution of the board of directors

13  which shall be adopted by a majority of all members thereof

14  then in office, subject to approval of a majority of the

15  electors of Monroe County voting in a referendum election

16  called by the board of directors. However, no such election

17  shall be required for the approval of the issuance of any

18  revenue bond to finance any emergency repair of any equipment

19  or machinery owned or operated by the Authority if such

20  issuance is approved by a majority of the bond trustees. If

21  the board holds a special election for approval of a bond

22  resolution instead of placing the issue before the electors at

23  a regularly scheduled primary or general election, the board

24  of directors shall pay the cost of the election out of funds

25  of the Authority. Such resolutions may be adopted at the

26  meeting subsequent to and not at the same meeting at which

27  they are introduced and need not be published or posted.  The

28  board may by resolution authorize the issuance of bonds on

29  either a negotiated or competitive bid basis, fix the

30  aggregate amount of bonds to be issued, the purpose or

31  purposes for which the moneys derived therefrom shall be


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  1  expended, the rate or rates of interest. The denomination of

  2  bonds, whether or not the bonds are to be issued in one or

  3  more series, the date or dates thereof, the date or dates of

  4  maturity, which shall not exceed 40 years from their

  5  respective dates of issuance, the medium of payment, place or

  6  places within or without the state where payment shall be

  7  made, registration, privileges, redemption terms and

  8  privileges (whether with or without premium), the manner of

  9  execution, the form of the bonds, including any interest

10  coupons to be attached thereto, the manner of execution of

11  bonds and coupons, and any and all other terms, covenants and

12  conditions thereof, and the establishment of reserve or other

13  funds. Prior to the issuance of bonds by the Authority to

14  finance wastewater projects, approval by majority vote of the

15  Board of County Commissioners of Monroe County of the

16  Authority's ongoing right and power to issue bonds shall be

17  received (the "County Approval"). Once the County Approval of

18  the Authority's ongoing right and power to issue bonds has

19  been received, the Authority shall thereafter have such right

20  to issue bonds for its projects and to make any and all

21  determinations relating to such bond issues.

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

23  law.

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