House Bill 1499

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    Florida House of Representatives - 1999                HB 1499

        By Representatives Crady, Fuller, Dennis, Arnall, Thrasher
    and Wise





  1                      A bill to be entitled

  2         An act relating to the Jacksonville Electric

  3         Authority; amending chapter 92-341, Laws of

  4         Florida, being the Charter of the City of

  5         Jacksonville; authorizing the JEA to assess

  6         civil penalties of at least $2,000 per

  7         violation for violations of the Industrial

  8         Pretreatment Program under the Clean Water Act

  9         that each day of an ongoing or continuing

10         violation shall be deemed to be a separate

11         violation; providing an effective date.

12

13         WHEREAS, on June 1, 1997, the Consolidated City of

14  Jacksonville transferred its Water and Sewer Utility to the

15  Jacksonville Electric Authority (JEA), and

16         WHEREAS, under its National Pollutant Discharge

17  Elimination System (NPDES) permits, JEA operates an industrial

18  pretreatment program (formerly operated by the Consolidated

19  City of Jacksonville), as authorized under ss. 307(b) and

20  407(b) of the Clean Water Act, which program regulates the

21  discharges of industrial wastes to JEA's wastewater treatment

22  facilities, and

23         WHEREAS, administration of the federal NPDES program

24  has been delegated to the Florida Department of Environmental

25  Protection, and

26         WHEREAS, the NPDES regulations of the U.S.

27  Environmental Protection Agency (40 CFR 403.8(f)(1)(vi)(A))

28  and the rules of the Florida Department of Environmental

29  Regulation (Rule 62-625.500(2)(5)a, Fla. Admin. Code) require

30  that industrial pretreatment control authorities, like JEA,

31  have authority to seek or assess civil or criminal penalties

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  1  in at least the amount of $1,000 a day for each violation by

  2  industrial users of pretreatment standards and requirements,

  3  and

  4         WHEREAS, section 125.69(2), Florida Statutes,

  5  authorizes county ordinances establishing fines up to $2,000 a

  6  day, if necessary for a county to carry out a federally

  7  mandated program, and

  8         WHEREAS, JEA, in operating the wastewater treatment

  9  plants formerly owned and operated by the Consolidated City of

10  Jacksonville, is continuing to provide industrial pretreatment

11  discharge services formerly offered as county services by the

12  Consolidated City of Jacksonville, and

13         WHEREAS, JEA seeks clear and unambiguous authority to

14  assess the civil penalties necessary to comply with the

15  federally mandated NPDES program and protect its water supply

16  system, NOW, THEREFORE,

17

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

19

20         Section 1.  Section 21.04 of article 21 of chapter

21  92-341, Laws of Florida, is amended to read:

22         (Substantial rewording of section.  See

23         s. 21.04, chapter 92-341, Laws of Florida,

24         for present text.)

25

26           ARTICLE 21.  JACKSONVILLE ELECTRIC AUTHORITY

27

28         Section 21.04.  Powers.--JEA shall have the following

29  powers, in addition to powers otherwise conferred:

30

31

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  1         (a)  To construct, own, acquire, establish, improve,

  2  extend, enlarge, reconstruct, reequip, maintain, repair,

  3  finance, manage, operate, and promote the utilities system.

  4         (b)  To acquire for the use of the utilities system by

  5  grant, purchase, gift, devise, condemnation by eminent domain

  6  proceedings, exchange, lease, or in any other manner, all

  7  property, real or personal, or any estate or interest therein,

  8  including without limitation, property used:

  9         (1)  In connection with the generation, transmission,

10  and distribution of electric power and energy.

11         (2)  In connection with the collection, storage,

12  treatment, processing, disposal, transmission, and

13  distribution of water and wastewater including, but not

14  limited to, raw water, potable water, nonpotable water,

15  chilled water, and reused water; however, JEA shall have no

16  power or authority for the function of stormwater runoff and

17  drainage management.

18         (3)  In connection with the production, procurement,

19  extraction, manufacture, transmission, transportation,

20  distribution, and storage of natural gas.

21         (4)  In connection with the production of steam, the

22  mining, extraction, development, production, manufacture,

23  procurement, transportation, handling, storage, processing, or

24  reprocessing of fuel of any kind, to likewise acquire any

25  facility or rights with respect to the supply of water, any

26  rights with respect to minerals, including, but not limited

27  to, coal, petroleum coke, natural gas, and oil, and bio-mass

28  facilities for the processing of byproducts derived from the

29  operation of the utilities system, solid waste disposal and

30  environmental protection facilities, communication and

31  computer facilities, and any other property, equipment,

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  1  facilities, or property rights whatsoever determined by JEA to

  2  be necessary or convenient in connection with the operation,

  3  promotion, financing, construction, management, improvement,

  4  extension, enlargement, reconstruction, reequipment,

  5  maintenance, repair, decommissioning, or disposal of the

  6  utilities system or any part thereof, and to sell, lease, or

  7  otherwise transfer, with or without consideration, any such

  8  property when in JEA's discretion it is no longer needed or

  9  useful, or such sale, lease, or transfer otherwise is in the

10  best interest of JEA, all upon such terms and conditions as

11  JEA shall by resolution fix and determine. The right of

12  eminent domain conferred herein shall be exercised by JEA in

13  the manner provided by law. If JEA leases any real property to

14  another agency, firm, corporation, or individual, it shall

15  cause said lease or leases to be recorded with the clerk of

16  the circuit court as a matter of public record. JEA shall not

17  sell real property for less than the appraised value as

18  recorded by the property appraiser for Duval County, unless

19  approved by the council. If there is no recorded appraised

20  value, then JEA shall request the property appraiser for Duval

21  County to provide an appraisal prior to the sale of the real

22  property.

23         (c)  To furnish electricity, water, sanitary sewer

24  service, natural gas, and other utility services as authorized

25  herein to any person or entity, public or private, within or

26  without the city and for said purposes shall have the right to

27  construct and maintain electric lines, pipelines, water and

28  sewer mains, natural gas lines, and related facilities in and

29  along all public highways and streets within or without the

30  city.

31

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  1         (d)  To sell power and energy, water, sanitary sewer

  2  service, natural gas, and other utility services as authorized

  3  herein at wholesale and retail or to provide transmission or

  4  other services of any kind to any person or entity, public or

  5  private, within or without the state, directly by JEA

  6  indirectly through other entities and jointly through

  7  associations with other utilities or entities engaged in these

  8  activities.

  9         (e)  To enter into contracts with any person or entity,

10  public or private, deemed necessary or desirable by JEA in

11  connection with carrying out its powers and duties.

12         (f)  To fix, pledge to establish or establish, levy,

13  regulate, impose, and collect rates, assessments, fees, and

14  charges for the use or benefit of the utilities system and to

15  alter and amend same from time to time, which rates,

16  assessments, fees, and charges shall result in JEA receiving

17  or possessing an amount which, together with accumulated

18  balances from prior years available therefore is not less than

19  is required to operate and maintain a self-liquidating or

20  self-sustaining utilities system. When establishing or

21  altering rates, assessments, fees, or charges for retail

22  service, JEA shall first give notice of and hold a public

23  hearing in the City of Jacksonville. The notice shall be

24  published not less than 1 week in advance in at least one

25  newspaper of general circulation in the city. Said notice

26  shall be at least one-fourth page in size, inviting the public

27  to be present and heard. JEA shall have the power to impose

28  sanctions to enforce compliance with any rule or regulation

29  which JEA may adopt in the management and operation of, or the

30  sale or use of any utility service provided by JEA from the

31  utilities system including, without limitation, electricity,

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  1  water, sewer, and natural gas services. The city and other

  2  public bodies shall be required to pay for any utility

  3  services provided by JEA upon the same basis as other users.

  4         (g)  To sue and be sued, implead and to be impleaded,

  5  complain and defend in all courts, to adopt and use a

  6  corporate seal, to apply for, hold and own patents and

  7  copyrights, to sell or license patents, copyrights, patented,

  8  or copyrighted materials to other public or private entities.

  9  Prices or fees for such sales or licensing may be based upon

10  market considerations. JEA may designate how proceeds from

11  such sales or licensing shall be used. Prices or fees for the

12  sale of copyrighted data processing software, as defined in s.

13  119.083, Florida Statutes, shall be established pursuant to s.

14  119.083, Florida Statutes.

15         (h)  To make or cause to be made such surveys,

16  investigations, studies, borings, maps, drawings, and

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

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

19  location, relocation, construction, improvement, revision, and

20  development of the utilities system.

21         (i)(1)  To issue revenue bonds or revenue certificates

22  of JEA for the purpose of financing or refinancing the

23  utilities system, including, without limitation, the financing

24  of any one or more enlargements, expansions, developments,

25  replacements, acquisitions, or modernizations of the utilities

26  system, any expenses of the utilities system, any reserves

27  deemed necessary or desirable by JEA and any other purpose not

28  otherwise prohibited by law, and retiring any bond, note, or

29  revenue certificate issued under this article, or any bond,

30  note, or revenue certificate issued by or on behalf of the

31  city to finance the water and sewer utilities previously owned

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  1  or operated by the city, and for any combination of one or

  2  more such purposes in any single issue of revenue bonds or

  3  revenue certificates. At the discretion of JEA, such bonds or

  4  revenue certificates may be issued for any one or more of the

  5  several utility systems of JEA, or any combination thereof.

  6         (2)  The bonds or revenue certificates of each issue

  7  shall be authorized by resolution of JEA, which resolution

  8  shall contain such provisions relating to the protection and

  9  security of the holders of the bonds or revenue certificates,

10  including their rights and remedies, and the rights, powers,

11  privileges, duties, and obligations of JEA with respect to the

12  same. Such resolution may also contain provisions providing

13  for the pledge of all or any part of the revenues of the

14  utilities system, to which may, at JEA's discretion, be

15  limited to the revenues of one or more of the several utility

16  systems, to secure the payment of the bonds or revenue

17  certificates of any issue and may provide for the pledge of

18  other funds and accounts of JEA. Such resolution also shall

19  determine the timing and manner of sale, which may be public

20  or private; maturities; rate or rates of interest, which may

21  be fixed or may vary at such time or times as provided or in

22  accordance with a specified formula or method of determination

23  (subject to any legal limitations on interest, as established

24  by s. 215.84, Florida Statutes, or according to said section

25  as it may from time to time be amended); and other terms and

26  conditions of the bonds or revenue certificates, provided that

27  JEA may delegate to the chair, managing director, or other

28  officer or employee of JEA designated by JEA the power to

29  determine any such terms or conditions. However, the amounts

30  and maturities of such bonds or revenue certificates and the

31  interest rate or rates of such bonds or revenue certificates

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  1  shall be within the limits prescribed by JEA and its

  2  resolution delegating to the chair, managing director, or such

  3  other officer or employee of JEA the power to authorize the

  4  issuance and sale of such bonds or revenue certificates, and,

  5  in the case of the total aggregate amount of bonds or revenue

  6  certificates issued by JEA, within the limits prescribed by

  7  ordinance of the council. In case any officer whose signature

  8  or facsimile of whose signature shall appear on any bonds or

  9  revenue certificates shall cease to be such officer before the

10  delivery of such bonds or revenue certificates, such signature

11  or such facsimile shall nevertheless be valid and sufficient

12  for all purposes the same as if such officer had remained in

13  office until such delivery. All bonds and revenue certificates

14  issued under the provisions of this article shall have and are

15  hereby declared to have all the qualities and incidents of

16  negotiable instruments under the negotiable instruments law of

17  the state. The issuance of such bonds and revenue certificates

18  shall not be subject to any limitations or conditions

19  contained in any other law.

20         (3)  Bonds or revenue certificates and refunding bonds

21  or refunding revenue certificates issued pursuant to this

22  article if sold by bid shall be sold to the bidder whose bid

23  produces the lowest true interest cost to JEA. JEA may

24  restrict the bidders in any sale by prequalification or

25  otherwise and may reserve the right to reject any or all bids.

26  Prior to any sale by bid of bonds or revenue certificates JEA

27  shall cause notice to be given in such manner and at such time

28  as JEA shall determine. Said notice shall specify such matters

29  relating to the bonds or revenue certificates offered for sale

30  as JEA shall determine and shall state the manner in which

31  bids shall be given. JEA may reserve the right to waive any

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  1  informalities or irregularities if JEA determines that such

  2  actions are in its best interest. In no event shall said bonds

  3  or revenue certificates be sold at a net interest cost to JEA

  4  in excess of the legal limit, as established by s. 215.84,

  5  Florida Statutes, or according to said section as it may from

  6  time to time be amended.

  7         (4)  In no event shall general obligation bonds be

  8  issued hereunder.

  9         (5)  Bonds or revenue certificates may be issued by

10  resolution of JEA, subject only to the approval by ordinance

11  of the council of the aggregate principal amount of such bonds

12  or revenue certificates.

13         (j)  To borrow money and to issue notes for any purpose

14  or purposes for which bonds or revenue certificates may be

15  issued under the provisions of this article, in accordance

16  with the provisions of this article relating to the issuance

17  of bonds or revenue certificates, and to refund the same and

18  to issue notes in anticipation of the receipt of the proceeds

19  of the sale of any such bonds or revenue certificates.

20         (k)  To borrow money from the city, for any period not

21  to exceed 1 year, to provide JEA with working capital to meet

22  routine or emergency cash requirements and to maintain

23  adequate inventories, at such interest rates and upon such

24  conditions concerning the method of borrowing, the time and

25  manner of payment and the maximum amount that may be on loan

26  at any time, as are determined by ordinance of the council; to

27  lend money from one of its utilities operations to another of

28  its utilities operations for such period, at such interest

29  rates and upon such other conditions concerning the method of

30  borrowing, the time and manner of payment and the maximum

31  amount that may be on loan at any time, all as determined by

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  1  JEA; and to borrow money from lending institutions, including

  2  borrowing as part of a commercial paper or other short-term

  3  note financing program which may include provision for payment

  4  upon demand by the purchaser or purchasers, as authorized by

  5  resolution of JEA. When authorized by resolution of JEA, such

  6  notes, including renewals, may be sold by officers of JEA at

  7  public or private sale and delivered by such officers to the

  8  purchaser or purchasers thereof within the limitations and

  9  restrictions contained in such resolution. Such loans between

10  utility systems and such borrowings from lending institutions,

11  or between one or more of the utility systems, including

12  borrowing as part of a commercial paper or other short-term

13  note financing program, will not require the approval of the

14  council.

15         (l)  To enter into contracts determined by JEA to be

16  necessary or desirable for the prudent management of JEA's

17  funds, debt, or fuels, and any and all other commodities used

18  for the several utility systems including, without limitation,

19  interest rate swaps, option contracts, futures contracts,

20  contracts for the future delivery or price management of

21  power, energy, natural gas, or other related commodities,

22  hedging contracts, other risk management techniques,

23  securities lending agreements, and forward purchase contracts.

24         (m)  To invest money of JEA not required for immediate

25  use, including proceeds from the sale of any bonds, revenue

26  certificates, or notes, in such obligations, securities, and

27  other investments as JEA shall deem prudent, subject to any

28  agreement with bondholders, revenue certificate holders, or

29  note holders.

30         (n)  To enter into joint project agreements as provided

31  by part II of chapter 361, Florida Statutes, for the purpose

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  1  of implementing a project, as such term is defined in part II

  2  of chapter 361, Florida Statutes. A copy of all such joint

  3  project agreements shall be filed with the council and the

  4  mayor at least 30 days prior to the effective date of the

  5  agreement. Anything in this provision to the contrary

  6  notwithstanding, any joint project agreement that involves a

  7  transfer of any function or operation that comprises more than

  8  10 percent of the total of the utilities system by sale,

  9  lease, or otherwise to any other utility, public or private,

10  or any joint project agreement that involves the issuance of

11  debt not previously authorized by paragraph (i)(2), shall

12  require prior approval of the council.

13         (o)  To enter into agreements with one or more other

14  electric utilities, public or private, and related contracts

15  with respect to joint electric power projects as provided in

16  section 2 of chapter 80-513, Laws of Florida, as amended. The

17  provisions of chapter 80-513, Laws of Florida, shall govern

18  and control JEA in all respects in the carrying out of a joint

19  electric power project authorized thereunder notwithstanding

20  any provision of the charter or of the Ordinance Code of the

21  City of Jacksonville which may be in conflict therewith.

22         (p)  To transfer, sell, finance, lease, or otherwise

23  provide services or products, or byproducts, developed or used

24  by JEA incident to the exercise of the powers conferred by

25  this article, including, but not limited to, energy

26  performance contracting, water, sewer, and natural gas (and

27  any other utility service hereafter provided by JEA)

28  contracting, power marketing services, the testing and

29  maintenance of customer-owned facilities such as transformers,

30  capacitors, lighting, HVAC systems, water cooling and heating

31  systems, energy management systems, etc.; the temporary

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  1  leasing of JEA facilities such as oil storage tanks; the

  2  supply of steam or other thermal energy; the provision of

  3  specially conditioned power on the premises of customers and

  4  the provision of services or products to build, transfer,

  5  lease, finance, operate, or sell cogeneration facilities,

  6  small power production facilities, specially conditioned

  7  power, energy conservation, energy efficiency, and dispersed

  8  generation to other electric utilities both within and without

  9  the state or to any wholesale or retail customers of JEA, upon

10  such terms and conditions as JEA shall by resolution fix and

11  determine; and to transfer, sell, finance, lease, or otherwise

12  provide services, products, or byproducts developed or used by

13  JEA incident to the exercise of the powers conferred by this

14  article, in the delivery of water, wastewater, and natural gas

15  services, including, but not limited to, the financing,

16  testing, maintenance, and operation of customer owned

17  facilities used in water, wastewater, and natural gas

18  functions. However, JEA will not enter into any activity

19  pursuant to this section in addition to those activities

20  listed herein without first providing written notice of such

21  activities to the council auditor no less than 30 days before

22  the commencement of such activity. Nothing in this article

23  shall authorize or be construed to authorize JEA to transfer

24  any function or operation which comprises more than 10 percent

25  of the total of the utilities system by sale, lease, or

26  otherwise to any other utility, public or private, without

27  approval of the council. So long as there are outstanding any

28  of the city's "capital project revenue bonds" as originally

29  authorized pursuant to Ordinance 97-1054-E, the council may

30  approve only such transfer which does not materially adversely

31

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  1  affect future receipts of JEA contributions as defined

  2  therein.

  3         (q)  To voluntarily collect from customers and

  4  ratepayers the sum of $1 or more per month to be deposited

  5  into an elderly or handicapped or low income customer

  6  emergency trust fund administered by JEA. The proceeds of such

  7  trust fund may be expended periodically by JEA for the purpose

  8  of providing financial assistance to elderly or handicapped or

  9  otherwise needy low income residents living within the service

10  area of JEA for the payment of their utilities needs. The

11  method of administration of such trust fund, including the

12  collection and distribution thereof, shall be as provided by

13  ordinance of the council.

14         (r)  To jointly or separately plan, finance, operate,

15  use, share costs of, sponsor, publicize, or otherwise

16  participate in projects, systems, programs, or measures to

17  promote or implement electric and natural gas energy,

18  electrotechnologies, water, wastewater, and natural gas

19  conservation and efficiency, power conditioning, and load

20  management, including, but not limited to, energy, water, and

21  wastewater conservation, energy efficiency and conditioning or

22  load reducing or load shaping modifications to the maintenance

23  and operating procedures and facilities of a building or

24  facility or in the installation therein; energy, water, and

25  wastewater conserving and energy efficiency modifications to

26  windows and doors, pipes, pumps, and motors; caulking and

27  weatherstripping; insulation; automatic energy control

28  systems; load management systems; hot water systems;

29  replacements or modifications of lighting fixtures; and energy

30  recovery and recycling systems; and research and development

31  relating thereto within or without the state.

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  1         (s)  To delegate any act authorized pursuant to this

  2  article to any officer, employee, or agent of JEA as it may

  3  deem necessary or desirable for the prudent management of JEA.

  4         (t)  To do all acts and deeds necessary, convenient, or

  5  desirable, incidental to the exercise and performance of the

  6  powers and duties granted to JEA in this article.

  7         (u)  Express authority is given JEA to enter into any

  8  contracts, leases, or other agreements with other governmental

  9  bodies, either local, state, or federal, for the purpose of

10  carrying out any of the provisions, powers, or purposes of

11  this article. JEA is expressly prohibited from appropriating

12  or expending any of its funds for payments, contributions, or

13  transfer to any nonprofit organization or any other group,

14  association, or entity other than those whose primary purpose

15  directly involves the electric, water, wastewater, and natural

16  gas utility, (or any other utility which may, in the future,

17  be operated by JEA) industries, or electric energy, water,

18  wastewater, and natural gas (or any other utility which may,

19  in the future, be operated by JEA) related matters.

20         (v)  If JEA determines that it is necessary or

21  appropriate for it to provide, operate, or maintain any other

22  utility system or function other than electric, water,

23  wastewater, and natural gas, JEA shall by resolution identify

24  such additional utility system or systems or function or

25  functions and indicate its desire to provide such utility

26  service or services or function or functions to the council.

27  Upon the adoption and approval of this resolution by JEA and

28  the council, voting as separate entities, JEA, with respect to

29  the specified system or systems, shall be vested with all

30  powers set forth herein or in general law that would, but for

31

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  1  the provisions of this article, apply to such specified

  2  utility system or systems.

  3         (w)  To exercise all powers granted to the city with

  4  regard to sewage collection and disposal and to water supply

  5  pursuant to chapters 170 and 180, Florida Statutes, including

  6  the issuance of bonds or notes in anticipation thereof payable

  7  from special assessments under chapter 170, Florida Statutes.

  8         (x)  To coordinate carefully with the Department of

  9  Public Works of the City of Jacksonville and the Jacksonville

10  Transportation Authority the planning and execution of

11  engineering and construction projects involving underground

12  work and streets and highways to seek to minimize the total

13  cost of such projects and to reduce disruption to the citizens

14  of the city to the maximum extent possible.

15         (y)  To expend JEA funds up to 1.5 percent of the prior

16  year's gross revenues to promote the efficient use of JEA's

17  services through public education including exhibits,

18  conferences, displays, tours, and other events customary to

19  the utilities industry and also to publicize, advertise, and

20  promote the objects of this article and to promote the

21  objectives of JEA in the manner set forth by resolution of

22  JEA. Accordingly, JEA may expend its funds to make known to

23  the users, potential users, and public in general the

24  advantages, facilities, resources, products, attractions, and

25  attributes of the services provided by JEA and to further

26  create a favorable climate of opinion concerning the

27  activities and projects authorized and indicated by this

28  article. JEA may also, to the extent permitted by the laws of

29  the State of Florida, expend funds in cooperative efforts to

30  and with other agencies, both public and private, in

31  accomplishing the purposes enumerated and indicated by this

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  1  article; and in furtherance thereof. JEA may also authorize

  2  expenditures for any and all of the purposes herein

  3  enumerated, including, but not limited to, meals, hospitality,

  4  and entertainment of persons in the interest of promoting and

  5  engendering good will toward the activities and projects

  6  herein authorized. Whenever an expenditure of funds for any of

  7  the foregoing purposes is made by a member or employee of the

  8  authority, JEA may reimburse such member or employee therefor,

  9  but only after such expenditures have been duly authorized by

10  JEA or its managing director if so delegated to do so. JEA

11  will provide a list of proposed promotional expenditures each

12  year to the council auditor.

13         (z)  To allocate costs between the electric, water,

14  sewer, natural gas, and any other utility system operated now

15  or in the future by JEA on a cost-accounted basis.

16         (aa)  To assist the City of Jacksonville and any of its

17  departments and independent agencies in the development of

18  joint financing programs for the purpose of financing capital

19  improvement programs for the City of Jacksonville and any of

20  its departments and independent agencies.

21         (bb)  To enter into such interlocal agreements

22  authorized by, and to become a member of such separate legal

23  entity or entities created pursuant to chapter 163, Florida

24  Statutes, as JEA shall determine by resolution are necessary

25  or desirable to accomplish the purposes enumerated and

26  indicated by this article; and, to the extent permitted by the

27  laws of the State of Florida, to enter into such joint

28  ventures, partnerships, joint ownership arrangements, or other

29  similar arrangements with other persons or entities, public or

30  private, as JEA shall determine by resolution are necessary or

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  1  desirable to accomplish the purposes enumerated and indicated

  2  by this article.

  3         (cc)  To allocate and allot the sums appropriated by

  4  the council in JEA's annual budget for more specific purposes

  5  and to transfer from time to time during the fiscal year,

  6  without further council approval, appropriated funds including

  7  capital outlay funds from one of the purposes for which funds

  8  are appropriated to another of such purposes, if, in the

  9  discretion of JEA, such transfer is necessary to carry out all

10  of the purposes for which funds were appropriated, subject to

11  applicable law; however, nothing in this section shall

12  authorize JEA to transfer appropriated funds from its

13  operating budget to its capital outlay budget or vice versa,

14  without prior approval of the council. This includes the

15  financing of power conditioning and energy conservation

16  equipment for both residential and nonresidential customers

17  providing that the receivables at any point in time will not

18  exceed 10 percent of the prior year's utilities systems'

19  revenues. A written summary of all budget transfers shall be

20  provided to the council auditor at the end of each quarter.

21         (dd)  To the extent permitted by the laws of the State

22  of Florida, to have ownership and membership in separate

23  organizational entities, including, but not limited to,

24  corporations to conduct utility related activities and

25  functions. A copy of all such ownership agreements shall be

26  filed with the council and the mayor at least 30 days prior to

27  the effective date of the agreement.

28         (ee)(1)  To shut off and discontinue the supplying of

29  services of one utility system, to any and all users of the

30  utilities system, for the nonpayment, when due, of the rates,

31  assessments, fees, or charges, for facilities or services of

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  1  that particular utility system, or for facilities or services

  2  of any other utility system.

  3         (2)  To deny any application for services of one

  4  utility system, to any and all users or potential users of the

  5  utilities system for nonpayment, when due, of rates,

  6  assessments, fees, or charges for facilities or services of

  7  that particular utility system, or for facilities or services

  8  of any other utility system.

  9         (ff)  To assess civil penalties in an amount up to but

10  not to exceed $2,000 to be paid to the authority for violation

11  of industrial pretreatment protective regulations. Each day a

12  violation continues shall be a separate violation.

13         Section 2.  This act shall take effect upon becoming a

14  law.

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