SENATE AMENDMENT
    Bill No. SB 2904
    Amendment No. ___   Barcode 212924
                            CHAMBER ACTION
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11  Senator Carlton moved the following amendment:
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13         Senate Amendment (with title amendment) 
14         Delete everything after the enacting clause
15  
16  and insert:  
17         Section 1.  In accordance with section 189.429, Florida
18  Statutes, this act constitutes the codification of all special
19  acts relating to the Englewood Water District. It is the
20  intent of the Legislature in enacting this law to provide a
21  single, comprehensive special act charter for the district,
22  including all current legislative authority granted to the
23  district by its several legislative enactments and any
24  additional authority granted by this act.
25         Section 2.  Chapter 96-499, Laws of Florida, relating
26  to Englewood Water District, is codified, reenacted, amended,
27  and repealed as herein provided.
28         Section 3.  The Englewood Water District is re-created
29  and the charter is re-created and reenacted to read:
30         Section 1.  (1)  There is hereby created the Englewood
31  Water District for the areas of Charlotte and Sarasota
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SENATE AMENDMENT Bill No. SB 2904 Amendment No. ___ Barcode 212924 1 Counties, described as follows: 2 3 Sections 8, 9, 10, 11, 12, 13, 14, 15, 16, 21, 4 22, 23, 24, 25, 26, 27, 35, and 36, that part 5 of sections 4 and 5, lying and being west of 6 the west boundary of Lemon Bay, township 40 7 south; range 19 east; and sections 16, 17, 18, 8 19, 20, 21, 28, 29, 30, 31, 32 and 33, township 9 40 south, range 20 east, all being in Sarasota 10 County, State of Florida. 11 12 Sections 1, 2, 12 and 13, Township 41 South, 13 Range 19 East; Sections 4, 5, 6, 7, 8, 9, 16, 14 17, and 18, that part of Section 20 lying and 15 being east of the east boundary of Lemon Bay, 16 Township 41 South, Range 20 East, all lying and 17 being in Charlotte County, State of Florida. 18 19 That portion of Section 3, Township 40 South, 20 Range 19 East lying west of S.R. 776 (Englewood 21 Road), and those portions of Sections 4 and 5, 22 Township 40 South, Range 19 East, lying and 23 being east of the west boundary of Lemon Bay, 24 all being south of the east-west line 25 prescribed by Colonial Road, all being in 26 Sarasota County, Florida. 27 28 (2) The Englewood Water District is hereby declared to 29 be a body corporate and politic under the corporate name and 30 style of "Englewood Water District" with power to contract, to 31 sue and be sued in its corporate name, and with the other 2 1:51 PM 04/23/03 s2904c-23m0a
SENATE AMENDMENT Bill No. SB 2904 Amendment No. ___ Barcode 212924 1 powers and duties hereinafter set forth, as well as all other 2 powers and exemptions given by general law. 3 Section 2. As used in this act, unless the context 4 otherwise requires: 5 (1) "District" means the Englewood Water District 6 created by this act. 7 (2) "Water system" means and includes any plants, 8 systems, facilities, or property and additions, extensions, 9 and improvements thereto at any future time constructed or 10 acquired as a part thereof, useful or necessary, or having the 11 present capacity for future use in connection with the 12 development of sources, treatment for purification and 13 distribution of water for domestic, commercial, or industrial 14 use and without limiting the generality of the foregoing shall 15 include dams, reservoirs, storage tanks, mains, lines, valves, 16 pumping stations, laterals, and pipes for the purpose of 17 carrying water to the premises connected with such system and 18 shall include all real and personal property and any interest 19 therein, rights, easements, and franchises of any nature 20 whatsoever relating to such system and necessary or convenient 21 to the operation thereof. 22 (3) "Wastewater system" means and includes any plant, 23 system, facility, or property and additions, extensions, and 24 improvements thereto at any future time constructed or 25 acquired as a part thereof, useful or necessary, or having the 26 present capacity for future use in connection with the 27 collections, treatment, purification, or disposal of 28 wastewater or sewerage of any nature or originating from any 29 source, including industrial wastes resulting from any 30 processes of any industry, manufacture, trade, or business or 31 from the development of any natural resources; and without 3 1:51 PM 04/23/03 s2904c-23m0a
SENATE AMENDMENT Bill No. SB 2904 Amendment No. ___ Barcode 212924 1 limiting the generality of the foregoing definition shall 2 embrace treatment plants, pumping stations, lift stations, 3 valves, force mains, intercepting sewers, laterals, pressure 4 lines, mains, and all necessary appurtenances and equipment, 5 all wastewater mains and laterals for the reception and 6 collection of wastewater or sewerage on premises connected 7 therewith, and shall include all real and personal property 8 and any interest therein, rights, easements, and franchises of 9 any nature whatsoever relating to any such system and 10 necessary or convenient for the operation thereof. 11 (4) "Wastewater reuse system" means and includes any 12 plant, system, facility, or property and additions, 13 extensions, and improvements thereto at any future time 14 constructed or acquired as a part thereof, useful or 15 necessary, or having the present capacity for future use in 16 connection with the collection, treatment, purification, 17 disposal, or distribution of wastewater or stormwater 18 originating from any source, for the purpose of reuse and 19 without limiting the generality of the foregoing definition, 20 shall embrace treatment plants, dams, reservoirs, storage 21 tanks, pumping stations, lift stations, valves, force mains, 22 laterals, pressure lines, mains, and all necessary 23 appurtenances and equipment, and shall include all real and 24 personal property and any interest therein, rights, easements, 25 and franchises of any nature whatsoever relating to any such 26 system and necessary or convenient for the operation thereof. 27 Water which has received at least secondary treatment and 28 stormwater may be referred to as reclaimed wastewater and may 29 be reused for such beneficial purposes, including, but not 30 limited to, landscape or agricultural irrigation, aesthetic 31 uses such as ponds or fountains, groundwater recharge, 4 1:51 PM 04/23/03 s2904c-23m0a
SENATE AMENDMENT Bill No. SB 2904 Amendment No. ___ Barcode 212924 1 industrial uses, environmental enhancement, or fire 2 protection. 3 (5) "System" or "systems" means the water, wastewater, 4 or wastewater reuse systems authorized by this act either 5 individually, in any combination, or any part thereof. 6 (6) "Cost" means, as applied to the acquisition and 7 construction of a water system, wastewater reuse system, or a 8 wastewater system or extensions, additions, or improvements 9 thereto, the cost of construction or reconstruction, 10 acquisition, or purchase, the cost of all labor, materials, 11 machinery, and equipment, cost of all lands and interest 12 therein, an office and administration building for the 13 district, property, rights, easements, and franchises of any 14 nature whatsoever, financing charges, interest prior to and 15 during construction and for 1 year after completion of 16 construction or acquisition of such water system, wastewater 17 reuse system, or wastewater system or extensions, additions, 18 or improvements thereto, bond discount, fees and expenses of 19 financial advisors or fiscal agents, cost of plans and 20 specifications, surveys and estimates of costs and revenues, 21 cost of engineering and legal services, and all other expenses 22 necessary or incidental in determining feasibility or 23 practicality of such construction, reconstruction, or 24 acquisition, administrative expenses and such other expenses 25 as may be necessary or incidental to the construction or 26 acquisition or improvement of such water system, wastewater 27 reuse system, or wastewater system authorized by this act and 28 the financing thereof, and the reimbursement of any expenses 29 incurred by the district in connection with any of the 30 foregoing items of cost. 31 (7) "Revenue bonds" means bonds or other obligations 5 1:51 PM 04/23/03 s2904c-23m0a
SENATE AMENDMENT Bill No. SB 2904 Amendment No. ___ Barcode 212924 1 secured by and payable as to principal and interest from the 2 revenues derived from rates, fees, and charges collected by 3 the district from the users of the facilities of the water 4 system, wastewater reuse system, or wastewater system, or any 5 combination thereof, and which may or may not be additionally 6 secured by a pledge of the proceeds of non-ad valorem 7 assessments levied against property benefiting from assessable 8 improvements. 9 (8) "Board" means the Board of Supervisors of the 10 District. 11 Section 3. The District shall be governed and its 12 affairs administered by the Board of Supervisors consisting of 13 five members. 14 A.(i) By a majority vote, the Englewood Water District 15 Board of Supervisors shall adopt a preliminary resolution 16 dividing the district into five separate and distinct sections 17 of approximately equal populations, drawn along Charlotte 18 County and/or Sarasota County precinct lines, if feasible. 19 These divisions shall be known as the "Englewood Water 20 District Supervisor Election Districts" which shall be 21 numbered 1 through 5. 22 (ii) After the initial adoption by the board of the 23 proposed Englewood Water District Supervisor Election 24 Districts, the district shall hold a public hearing at which 25 all residents of the district or other interested parties 26 shall have an opportunity to be heard concerning the proposed 27 Englewood Water District Supervisor Election Districts. Notice 28 of such public hearing setting forth the five proposed 29 Englewood Water District Supervisor Election Districts shall 30 be given by one publication in a newspaper published in 31 Charlotte County, in a newspaper published in Sarasota County, 6 1:51 PM 04/23/03 s2904c-23m0a
SENATE AMENDMENT Bill No. SB 2904 Amendment No. ___ Barcode 212924 1 and such notice shall also be posted in five public places in 2 the district, at least 30 days prior to the date of such 3 hearing, which may be adjourned from time to time. 4 (iii) After such hearing, such preliminary resolution 5 dividing the district into five separate and distinct 6 sections, known as the Englewood Water District Supervisor 7 Election Districts, either as initially adopted or as modified 8 or amended, shall be finally adopted. A map of the Englewood 9 Water District Supervisor Election Districts shall be kept on 10 file in the office of the administrator of the district and 11 shall be open to public inspection during normal business 12 hours. 13 (iv) The Englewood Water District Supervisor Election 14 Districts shall be revised every 10 years in the same manner 15 as they were originally established. If the boundaries of the 16 district are modified, the election districts shall be 17 modified as necessary in the same manner established above in 18 adequate time for the new election districts to be utilized 19 during the next general election. 20 1. On the first Tuesday after the first Monday of 21 November 1994, a person residing in Englewood Water District 22 Board of Supervisors Election District 5 was elected by the 23 qualified electors of the Englewood Water District for a 24 4-year term to create and fill Englewood Water District 25 Supervisors Election District Seat Five. On the first day of 26 January following the election, the expiring seats, four and 27 six were eliminated. 28 2. On the first Tuesday after the first Monday of 29 November 1995, a person residing in Englewood Water District 30 Board of Supervisors Election District 4 was elected by the 31 qualified electors of the Englewood Water District for a term 7 1:51 PM 04/23/03 s2904c-23m0a
SENATE AMENDMENT Bill No. SB 2904 Amendment No. ___ Barcode 212924 1 of 3 years to create and fill Englewood Water District 2 Supervisors Election District Seat Four. On the first day of 3 January following the election, the expiring seats, seven, 4 eight, and nine shall be eliminated. 5 3. On the first Tuesday after the first Monday of 6 November 1996, a person residing in each of the Englewood 7 Water District Board of Supervisors Election Districts 3, 2, 8 and 1 was elected by the qualified electors of the Englewood 9 Water District for a term of 4 years to create and fill 10 Englewood Water District Supervisors Election District Seats 11 three, two, and one respectively. 12 B.(i) On the first Tuesday after the first Monday in 13 November 2002, and every 4th year thereafter, two supervisors, 14 one residing in Englewood Water District Board of Supervisors 15 Election District 5 and one residing in Englewood Water 16 District Board of Supervisors Election District 4, were 17 elected by the qualified electors of the Englewood Water 18 District for a term of 4 years. 19 (ii) On the first Tuesday after the first Monday in 20 November 2004, and every 4th year thereafter, three 21 supervisors, one residing in Englewood Water District Board of 22 Supervisors Election District 3, one residing in Englewood 23 Water District Board of Supervisors Election District 2, and 24 one residing in Englewood Water District Board of Supervisors 25 Election District 1, shall be elected by the qualified 26 electors of the Englewood Water District for a term of 4 27 years. 28 (iii) The results of such election shall be declared 29 by resolution adopted by the Board. Each elected member of 30 the Board shall assume office 10 days following the member s 31 election. Each supervisor shall duly file his or her oath of 8 1:51 PM 04/23/03 s2904c-23m0a
SENATE AMENDMENT Bill No. SB 2904 Amendment No. ___ Barcode 212924 1 office and a bond in such amount as the Board shall determine 2 for the faithful performance of his or her duties prior to 3 taking office and the cost thereof shall be paid by the 4 District. 5 C. In the event no person has been elected at the 6 general election to fill an office which was required to be 7 filled at such election, the members of the board shall, 8 within 60 days following the date of the election, by a 9 majority vote of all members then in office, appoint a person 10 from the appropriate Englewood Water District Supervisors 11 Election District, to serve for each office not otherwise 12 filled by said election, to serve until the next general 13 election, at which election the qualified electors of the 14 District shall elect a supervisor to serve the remaining 15 unexpired term, if any, of such supervisors so appointed. 16 (i) In the event any supervisor shall resign, die, or 17 be removed from the district, or the office of such supervisor 18 shall for any reason become vacant, the remaining members of 19 the board may, by a majority vote of all members then in 20 office, appoint a successor to such supervisor from the 21 appropriate Englewood Water District Supervisors Election 22 District to serve until the next general election, at which 23 election the qualified electors of the district shall elect a 24 supervisor to serve for the remaining unexpired term, if any, 25 of such supervisor whose office became vacant as aforesaid. 26 (ii) A notice of the election shall be given at least 27 once at least 14 days prior thereto by one publication in a 28 newspaper published in Charlotte County, in a newspaper 29 published in Sarasota County, and be posted during the 14-day 30 period in five public places in the district. 31 D. All elections under this act shall be nonpartisan. 9 1:51 PM 04/23/03 s2904c-23m0a
SENATE AMENDMENT Bill No. SB 2904 Amendment No. ___ Barcode 212924 1 E.(i) Elections for the purpose of electing 2 Supervisors to the Board shall conform to the Florida Election 3 Code, chapters 97 through 106, Florida Statutes, as pertains 4 to independent special districts as set forth in section 5 189.405, Florida Statutes. 6 (a) The results of the election shall be jointly 7 canvassed by the county canvassing boards of the Counties of 8 Charlotte and Sarasota and the results of such joint canvass 9 shall be reported in accordance with general law. 10 (b) Supervisors shall be qualified electors with legal 11 residence in the appropriate Englewood Water District Board of 12 Supervisors Election District, who are freeholders. The office 13 of any supervisor who ceases to be a qualified elector with 14 legal residence in the appropriate election district and a 15 freeholder in the district during his or her term of office 16 shall become vacant. 17 (ii)(a) The Board shall be vested with all 18 administrative power and authority of the District and shall 19 have and exercise all powers conferred upon such District by 20 the terms of this act. Said Board members may receive 21 compensation for their services to be determined by at least a 22 majority plus one vote of the Board. The board shall publish 23 notice of its intent to consider a modification of board 24 member compensation in the same manner as provided in 25 paragraph 1(e) of this section. Said salary may not exceed 26 $2,500 each, annually, except that the chair may receive 27 $3,000 annually. Such payments shall be payable in such 28 installments during each year of a member s term as the Board 29 shall from time to time determine. Said Board members shall 30 also be reimbursed for moneys expended in the performance of 31 their official duties consistent with the provisions of 10 1:51 PM 04/23/03 s2904c-23m0a
SENATE AMENDMENT Bill No. SB 2904 Amendment No. ___ Barcode 212924 1 section. 112.061, Florida Statutes. 2 (b) The organization and conduct of the Board s 3 affairs shall be as follows: 4 1. The chair and vice chair shall be elected at an 5 annual meeting to be held in January of each year, and shall 6 serve in said capacities until the next annual meeting and 7 said officers may be removed at any time during their tenure, 8 with or without cause, by a majority vote of all members of 9 said Board. Upon the expiration of the terms of office of any 10 of said officers for any reason whatsoever, the Board shall 11 elect new officers to fill the positions thus vacated. 12 2. The Board shall hold such meetings as the business 13 affairs of the district may require, and all such meetings 14 shall be noticed and open to the public as provided by law. 15 Such meetings shall be held within the territorial limits of 16 the District or may be held outside the District in 17 conjunction with other boards, commissions, agencies, bodies, 18 or persons for the purpose of holding discussions or for the 19 exchange of information. However, no formal action may be 20 taken by the passage of any resolution, rule, or order at 21 meetings held outside the District other than that action 22 which is required for the ordinary conduct of such meetings. 23 3. A majority of the Board shall constitute a quorum 24 at any meeting thereof and all actions of the Board shall be 25 upon an affirmative vote of the majority of Board members 26 present at any such meeting; provided that no action of the 27 Board may pass with less than three affirmative votes. 28 However, any resolution authorizing the issuance of bonds or 29 other obligations, or the levy on non-ad valorem assessments 30 or the fixing of rates and charges for the services and 31 facilities of the systems of the District shall not be adopted 11 1:51 PM 04/23/03 s2904c-23m0a
SENATE AMENDMENT Bill No. SB 2904 Amendment No. ___ Barcode 212924 1 except upon the affirmative vote of a majority of all the 2 members of the Board then in office. Actions of the Board 3 shall be evidenced by resolutions voted upon and adopted by 4 the Board, which may be finally adopted at the same meeting at 5 which they are introduced and need not be published or posted, 6 except resolutions authorizing the issuance of bonds or other 7 obligations shall be advertised in accordance with the 8 provisions of Section 3(1)(c)2 and a public hearing shall be 9 held prior to the adoption of such resolutions. Resolutions 10 providing solely for the refunding of any already existing 11 bonds or other obligations need not be so advertised. 12 4. Written minutes of each Board meeting shall be kept 13 and there shall be recorded therein a report of all that 14 transpired at any such meeting. The minutes shall be signed by 15 the vice chair of the Board and kept permanently in books 16 provided for that purpose. 17 5. The Board shall cause to be kept complete and 18 accurate books of accounting in standard bookkeeping and 19 accounting procedures. Annually the Board shall make a true 20 and complete accounting of all moneys received and expended by 21 said Board and said accounting shall list the assets and 22 liabilities of the District. Said accounting shall be based 23 upon an audit prepared by a certified public accountant, and 24 shall be in writing with sufficient copies thereof made to 25 furnish to any inhabitants of the district requesting same. 26 6. All contracts of the District shall be signed by 27 the chair of the Board of Supervisors, and the seal of the 28 board shall be affixed thereto, attested by the secretary to 29 the Board who shall be official custodian of such seal. The 30 Board, by resolution, may delegate authority to sign contracts 31 to the administrator of the District. Any bonds issued by the 12 1:51 PM 04/23/03 s2904c-23m0a
SENATE AMENDMENT Bill No. SB 2904 Amendment No. ___ Barcode 212924 1 District under the provisions of this act shall be signed in 2 the same manner as a contract. However, only one manual 3 signature shall be required on any bonds and the seal of the 4 District may be imprinted or reproduced thereon. 5 7. Every Board member and every officer of the 6 district shall be indemnified by the District against all 7 expenses and liabilities, including counsel fees, reasonably 8 incurred by or imposed upon the member or officer in 9 connection with any proceeding or any settlement of any 10 proceeding to which he or she may be a party or in which he or 11 she may become involved by reason of his or her being or 12 having been a Board member or officer of the District, whether 13 or not he or she is a Board member or officer at the time such 14 expenses are incurred. In the event of a settlement, the 15 indemnification shall apply only when the Board approves such 16 settlement and reimbursement as being for the best interests 17 of the District. The right of indemnification authorized by 18 this paragraph shall be in addition to and not exclusive of 19 all other rights to which a Board member or officer may be 20 entitled. This paragraph shall not apply to a Board member or 21 officer who is adjudged guilty of willful misfeasance or 22 malfeasance in the performance of his or her duties. 23 8. The Board may, by the vote of a majority of all 24 members, elect a member to serve as chair or vice chair on an 25 interim basis during the absence of such officer. The interim 26 officer shall have all of the powers, duties, and authority of 27 such officer during his or her absence. 28 Section 4. The district, by and through the Board, is 29 hereby authorized and empowered: 30 (1) To make rules and regulations for its own 31 governance and proceedings and to adopt an official seal for 13 1:51 PM 04/23/03 s2904c-23m0a
SENATE AMENDMENT Bill No. SB 2904 Amendment No. ___ Barcode 212924 1 the District. 2 (2) To employ such consulting and other engineers, 3 technicians, construction and accounting experts, financial 4 advisors or fiscal agents, attorneys, and such other agents 5 and employees as the board may require or deem necessary to 6 effectuate the purposes of this act and to take such steps as 7 are necessary to be taken to provide coverage by the old age 8 and survivors insurance system embodied in the Federal Social 9 Security Act to employees of the Englewood Water District on 10 as broad a basis as permitted under the Federal Social 11 Security Act and the laws of Florida and may provide a pension 12 or retirement plan for its employees. Board members are not 13 eligible for pension or retirement benefits. Notwithstanding 14 the prohibition against extra compensation set forth in 15 section 215.425, Florida Statutes, the board may provide for 16 an extra compensation program, including a lump-sum bonus 17 payment program, to reward outstanding employees whose 18 performance exceeds standards, if the program provides that a 19 bonus payment may not be included in an employee s regular 20 base rate of pay and may not be carried forward in subsequent 21 years. 22 (3) To construct, install, erect, acquire and operate, 23 maintain, improve, extend, or enlarge and reconstruct a water 24 system, wastewater system, or a wastewater reuse system or any 25 combination thereof within or without said district for the 26 furnishing of water service, wastewater service, or wastewater 27 reuse service or any combination of such services to the 28 inhabitants of the district, and to have the exclusive control 29 and jurisdiction thereof; to issue its revenue bonds, 30 assessment bonds, or other obligations, or any combination 31 thereof to pay all or part of the cost of such construction, 14 1:51 PM 04/23/03 s2904c-23m0a
SENATE AMENDMENT Bill No. SB 2904 Amendment No. ___ Barcode 212924 1 reconstruction, erection, acquisition, or installation of such 2 systems. The purchase or sale of a water, wastewater, or 3 wastewater reuse system shall be accomplished in accordance 4 with section 189.423, Florida Statutes. 5 (4) To regulate the disposal of wastewater, reuse of 6 wastewater, and the supply of water within the District and to 7 prohibit the use and maintenance of outhouses, privies, septic 8 tanks, or other unsanitary structures or appliances, in 9 accordance with the general laws of the state. 10 (5) To fix and collect rates, fees, capital 11 contributions, and other charges for the use of the facilities 12 and services provided by any system, and to fix and collect 13 charges for making connections and reconnections with any such 14 system, and to provide for reasonable charges and penalties to 15 any users of property for any such rates, fees, or charges 16 that are delinquent. 17 (6) To acquire in the name of the district by 18 purchase, gift, or the exercise of eminent domain pursuant to 19 chapter 73 or chapter 74, Florida Statutes, such lands and 20 rights and interest therein, both within and without the 21 district, including land under water and riparian rights and 22 to acquire such personal property as may be deemed necessary 23 in connection with the construction, reconstruction, 24 improvement, extensions, installation, erection, or operation 25 and maintenance of any system, and to hold and dispose of all 26 real and personal property under its control. 27 (7) To receive grants, either separately or in 28 conjunction with any municipality, governmental agency, or 29 governmental entity, either in the nature of public works or 30 public improvement grants or loans from any governmental 31 agency, department, bureau, or individual for the purpose of 15 1:51 PM 04/23/03 s2904c-23m0a
SENATE AMENDMENT Bill No. SB 2904 Amendment No. ___ Barcode 212924 1 installing, constructing, erecting, acquiring, operating, or 2 maintaining a system or other things necessary or incidental 3 thereto. 4 (8) To exercise exclusive jurisdiction, control, and 5 supervision over any system owned, operated, and maintained by 6 the District and to make and enforce such rules and 7 regulations for the maintenance and operation of any system as 8 may be, in the judgment of the Board, necessary or desirable 9 for the efficient operation of any such systems or 10 improvements in accomplishing the purposes of this act. 11 (9) To restrain, enjoin, or otherwise prevent the 12 violation of this act or of any resolution, rule, or 13 regulation adopted pursuant to the powers granted by this act. 14 (10) To join with any other district or districts, 15 cities, towns, counties, or other political subdivisions, 16 public agencies or authorities in the exercise of common 17 powers consistent with section 163.01, Florida Statutes. 18 (11) To contract with municipalities or other private 19 or public corporations or persons to provide or receive a 20 water supply or for wastewater disposal, collection, or 21 treatment or for wastewater reuse. 22 (12) To prescribe methods of pretreatment of 23 industrial wastes not amenable to treatment with domestic 24 wastewater before accepting those wastes for treatment and to 25 refuse to accept such industrial wastes when not sufficiently 26 pre-treated as may be prescribed, and by proper resolution to 27 prescribe penalties for the refusal of any person or 28 corporation to so pre-treat such industrial wastes. 29 (13) To require and enforce the use of its facilities 30 whenever and wherever they are accessible in accordance with 31 applicable general law and applicable local government 16 1:51 PM 04/23/03 s2904c-23m0a
SENATE AMENDMENT Bill No. SB 2904 Amendment No. ___ Barcode 212924 1 comprehensive plans. 2 (14) To sell or otherwise dispose of the effluent, 3 sludge, reclaimed wastewater, or other byproducts as a result 4 of wastewater treatment and reclamation. 5 (15) To accomplish construction by holding hearings, 6 advertising for construction bids, and letting contracts for 7 all or any part or parts of the construction of any system in 8 accordance with the provisions of section 15. 9 (16) To cause surveys, plans, specifications, and 10 estimates to be made from time to time for any system. 11 (17) To enter on any lands, water, or premises, public 12 or private, located within or without the District or the 13 Counties of Charlotte or Sarasota to make surveys, borings, 14 soundings, or examinations for the purposes of this act. 15 (18) To construct and operate connecting, 16 intercepting, or outlet wastewater or reclaimed wastewater 17 mains and pipes and water mains, conduits or pipe lines in, 18 along, or under any street, alleys, highways, or other public 19 places or ways within the state or any municipality or 20 political subdivision. 21 (19) Subject to such provisions and restrictions as 22 may be set forth in the resolution authorizing or securing any 23 bonds or other obligations issued under the provisions of this 24 act, to enter into contracts with the government of the United 25 States or any agency or instrumentality thereof, or with any 26 other county, municipality, district, authority, or political 27 subdivision, private corporation, partnership, association, or 28 individual providing for or relating to the treatment, 29 collection, and disposal of wastewater or the treatment, 30 supply, and distribution of water or reclaimed wastewater and 31 any other matters relevant thereto or otherwise necessary to 17 1:51 PM 04/23/03 s2904c-23m0a
SENATE AMENDMENT Bill No. SB 2904 Amendment No. ___ Barcode 212924 1 effect the purposes of this act and to receive and accept from 2 any federal agency, grants for or in aid of the planning, 3 construction, reconstruction or financing of any system and to 4 receive and accept aid or contributions from any other source 5 of either money, property, labor or other things of value to 6 be held, used, and applied only for the purpose for which such 7 grants and contributions may be made. 8 (20) To acquire, purchase, or buy real estate within 9 or without the District to be used in the development, 10 installation, construction, improvement, maintenance, 11 operation, or servicing of any system of the District, by 12 installment contract, agreement for deed, or by note and 13 mortgage; provided that said contract, agreement for deed, or 14 mortgage does not constitute a lien or encumbrance upon any 15 real property other than that being purchased thereby. 16 (21) To sell or otherwise dispose of effluent, sludge, 17 or other byproducts produced by any system. 18 (22) To require the owner, tenant, or occupant of each 19 lot or parcel of land within the District who is obligated to 20 pay the rates, fees, or charges for the services furnished by 21 any facility owned or operated by the District under the 22 provisions of this act make a reasonable deposit with the 23 district in advance to ensure the payment of such rates, fees, 24 or charges. If such rates, fees, or charges become delinquent, 25 the district may apply the deposit to the payment or partial 26 payment thereof, including accrued interest, shutoff charges, 27 and penalties, if any. 28 (23) To invest and reinvest the surplus public funds 29 of the district consistent with the requirements of applicable 30 state or federal laws. 31 Section 5. (1) The Board for and on behalf of the 18 1:51 PM 04/23/03 s2904c-23m0a
SENATE AMENDMENT Bill No. SB 2904 Amendment No. ___ Barcode 212924 1 District is authorized to provide from time to time for the 2 issuance of revenue bonds to finance or refinance all or part 3 of the costs of additions, extensions, and improvements to, or 4 the acquisition of, any system. The principal of and interest 5 on any such revenue bonds shall be payable from the rates, 6 fees, charges, or other revenues derived from the operation of 7 any such system or systems in the manner provided in this act 8 and the resolution authorizing such bonds and pledging such 9 revenues. The proceeds of non-ad valorem assessments levied as 10 provided in this act may be pledged as additional security for 11 said revenue bonds. It is the express intent of this act that 12 the District shall be authorized to finance the purposes 13 provided in this act by the issuance of revenue bonds or 14 special assessment bonds separately for all or any part of the 15 cost thereof, or to issue revenue bonds additionally secured 16 by the non-ad valorem assessments for all or any part of such 17 cost, so that the District shall have complete flexibility as 18 to the types of bonds to be issued and the security for the 19 holders of such bonds. The revenue bonds of the District shall 20 be issued in such denominations, mature on such dates and in 21 such amounts, and may be subject to optional and mandatory 22 redemption, all as shall be determined by resolutions adopted 23 by the Board on behalf of the District. Bonds of said District 24 may bear interest at a fixed or floating or adjustable rate 25 and may be issued as interest-bearing, interest-accruing bonds 26 or zero coupon bonds at such rate or rates not exceeding the 27 maximum rate permitted by general law, all as shall be 28 determined by resolutions of the Board on behalf of the 29 District. Principal and interest shall be payable in the 30 manner determined by the Board. The bonds shall be signed by 31 the chair or vice chair of the Board, attested with the seal 19 1:51 PM 04/23/03 s2904c-23m0a
SENATE AMENDMENT Bill No. SB 2904 Amendment No. ___ Barcode 212924 1 of said District and by the signature of the chair of the 2 Board of Supervisors. In case any officer whose signature or a 3 facsimile of whose signature shall appear on the bonds shall 4 cease to be such officer before the delivery of such bonds, 5 such signature or facsimile shall nevertheless be valid and 6 sufficient for all intents and purposes the same as if he or 7 she had remained in office until such delivery. The Board may 8 sell such bonds in such manner not inconsistent with general 9 law, either at public or private sale, and for such price, as 10 it may determine to be for the best interests of the District. 11 (2) The proceeds of the sale of any such bonds shall 12 be used to finance or refinance all or part of the costs of 13 the construction or acquisition of additions, extensions, and 14 improvements of any water system, wastewater reuse system, or 15 wastewater system or any combination thereof, to fund reserves 16 and renewal and replacement funds and to pay the costs of 17 issuing such bonds. The funds derived from the sale of the 18 bonds shall be disbursed in such manner and under such 19 restrictions as the board may provide in the authorizing 20 resolution. Revenue bonds may be issued under the provisions 21 of this act without any other proceeding or happening of any 22 other condition or thing than those proceedings, conditions, 23 or things which are specifically required by this act and by 24 general law. 25 (3) A resolution providing for the issuance of revenue 26 bonds may also contain such limitations upon the issuance of 27 additional revenue bonds secured on a parity with the bonds 28 theretofore issued, as the board may deem proper, and such 29 additional bonds shall be issued under such restrictions and 30 limitations as may be prescribed by such authorizing 31 resolution. 20 1:51 PM 04/23/03 s2904c-23m0a
SENATE AMENDMENT Bill No. SB 2904 Amendment No. ___ Barcode 212924 1 (4) Revenue bonds may be issued under the provisions 2 of this act without regard to any limitations or indebtedness 3 prescribed by law. 4 (5) Revenue bonds issued under the provisions of this 5 act shall not constitute a general obligation debt of the 6 District within the meaning of any constitutional or statutory 7 debt limitation, but such bonds shall be payable solely from 8 the revenues and/or non-ad valorem assessments, if any, 9 pledged therefor, and that the full faith and credit of the 10 district is not pledged to the payment of the principal of or 11 interest on such bonds. 12 (6) In connection with the sale and issuance of bonds, 13 the district may enter into any contracts which the Board 14 determines to be necessary or appropriate to achieve a 15 desirable effective interest rate in connection with the bonds 16 by means of, but not limited to, contracts commonly known as 17 investment contracts, funding agreements, interest rate swap 18 agreements, currency swap agreements, forward payment 19 conversion agreements, futures, or contracts providing for 20 payments based on levels of or changes in interest rates, or 21 contracts to exchange cash flows or a series of payments, or 22 contracts, including, without limitation, options, puts, or 23 calls to hedge payment, rate, spread, or similar exposure. 24 Such contracts or arrangements may also be entered into by the 25 District in connection with, or incidental to, entering into 26 any agreement which secures bonds or provides liquidity 27 therefor. Such contracts and arrangements shall be made upon 28 the terms and conditions established by the Board, after 29 giving due consideration for the credit worthiness of the 30 counter parties, where applicable, including any rating by a 31 nationally recognized rating service or any other criteria as 21 1:51 PM 04/23/03 s2904c-23m0a
SENATE AMENDMENT Bill No. SB 2904 Amendment No. ___ Barcode 212924 1 may be appropriate. 2 (7) In connection with the sale and issuance of the 3 bonds, or entering into any of the contracts or arrangements 4 referred to in the paragraph above, the district may enter 5 into such credit enhancement or liquidity agreements, with 6 such payment, interest rate, security, default, remedy, and 7 any other terms and conditions as the board shall determine. 8 (8) Notwithstanding any provisions of state law 9 relating to the investment or reinvestment of surplus funds of 10 any governmental unit, proceeds of the bonds and any money set 11 aside or pledged to secure payment of the principal of, 12 premium, if any, and interest on the bonds, or any of the 13 contracts entered into pursuant to this section, may be 14 invested in securities or obligations described in the 15 resolution providing for the issuance of bonds. 16 Section 6. (1) The Board shall, by resolution prior 17 to the issuance of any revenue bonds, fix the initial schedule 18 of rates, fees, or other charges for the use of and the 19 services and facilities to be furnished by any such water 20 system, wastewater reuse system, or wastewater system, or any 21 combination thereof, to be paid by the owner, tenant, or 22 occupant of each lot or parcel of land which may be connected 23 with or used by any such system or systems, of the district. 24 After the system or systems have been in operation the 25 District board may revise the schedule of rates, fees, and 26 charges from time to time. However, such rates, fees, and 27 charges shall be so fixed and revised so as to provide sums 28 which, with other funds for such purposes, shall be sufficient 29 at all times to pay: 30 A. The principal of and interest on revenue bonds as 31 the same shall become due and reserves therefor. 22 1:51 PM 04/23/03 s2904c-23m0a
SENATE AMENDMENT Bill No. SB 2904 Amendment No. ___ Barcode 212924 1 B. The expenses of maintaining and repairing such 2 systems, including reserves for such purposes and for capital 3 replacements, depreciation, and necessary extensions or 4 improvements and administrative expenses. 5 C. Any other payments required by the resolution 6 authorizing the issuance of such revenue bonds. 7 (2) Such rates, fees, and charges shall be just and 8 equitable and uniform for users of the same class and, where 9 appropriate, may be based or computed either upon the quantity 10 of water or wastewater consumed or produced, the number and 11 size of wastewater connections, or the number and kind of 12 plumbing fixtures in use in the premises or upon the number or 13 average number of persons residing or working in or otherwise 14 using the facilities of such system or upon any other factor 15 affecting the use of the facilities or services furnished or 16 upon any combination of the foregoing factors as may be 17 determined by the Board on any other equitable basis. All 18 rates, fees, and charges established pursuant to this act 19 shall be set in accordance with the total cost of service 20 which is required to provide service to the customers. The 21 water system, wastewater reuse system, and wastewater system 22 shall be accounted for as separate and as distinct systems. 23 However, the District shall set rates consistent with the 24 guidelines adopted by the American Water Works Association, 25 for government-owned utilities. The district may, by 26 resolution, consolidate any one or more systems provided such 27 consolidation shall not impair the rights of any existing 28 bondholders of the district. 29 (3) No rates, fees, or charges shall be fixed under 30 the foregoing provisions of this section until a public 31 hearing at which all the users of the proposed system, or 23 1:51 PM 04/23/03 s2904c-23m0a
SENATE AMENDMENT Bill No. SB 2904 Amendment No. ___ Barcode 212924 1 owners, tenants, or occupants served or to be served thereby 2 and all others interested shall have an opportunity to be 3 heard concerning the proposed rates, fees, and charges. After 4 the initial adoption by the Board of the resolution setting 5 forth the preliminary schedule or schedules fixing and 6 classifying such rates, fees, and charges, notice of such 7 public hearing setting forth the proposed schedule or 8 schedules of rates, fees, and charges shall be given by one 9 publication in a newspaper published in Charlotte County and 10 in a newspaper published in Sarasota County and such notice 11 shall also be posted in five public places in the district, at 12 least 10 days prior to the date of such hearing, which may be 13 adjourned from time to time. After such hearing such 14 preliminary schedule or schedules, either as initially 15 adopted, or as modified or amended, may be finally adopted. A 16 copy of the schedule or schedules of such rates, fees, or 17 charges finally fixed in such resolution shall be kept on file 18 in the office of the District and shall be open at all times 19 to public inspection. The rates, fees, or charges so fixed for 20 any class of users or property served shall be extended to 21 cover any additional properties thereafter served which shall 22 fall in the same class, without the necessity of any hearing 23 or notice. Any change or revision of such rates, fees, or 24 charges may be made in the same manner as such rates, fees, or 25 charges were originally established as provided herein; 26 provided that if such changes or revisions be made 27 substantially pro rata as to all classes of service no hearing 28 or notice shall be required. 29 Section 7. In addition to the other provisions and 30 requirements of this act any resolution authorizing the 31 issuance of bonds may contain any other provisions deemed 24 1:51 PM 04/23/03 s2904c-23m0a
SENATE AMENDMENT Bill No. SB 2904 Amendment No. ___ Barcode 212924 1 necessary or in the best interest of the District and the 2 Board is authorized to provide and may covenant and agree with 3 the several holders of such bonds to include, but without 4 limitation as to any other provisions, any of the following: 5 (1) As to a reasonable deposit with the District in 6 advance, to ensure the payment of rates, fees, or charges for 7 the facilities of the system or systems. 8 (2) May, in keeping with its rules and regulations, 9 disconnect any premises from the water system, wastewater 10 reuse system, or wastewater system if any such rates, fees, or 11 charges are delinquent for a period of 30 days or more. 12 (3) The assumption of payment or discharge of any 13 indebtedness, lien, or other claim relating to any part of any 14 such system or any combination thereof, or any other 15 obligations having or which may have a lien on any part of any 16 such system or systems. 17 (4) Limitations on the powers of the District to 18 construct, acquire, or operate, or permit the construction, 19 acquisition or operation of any plants, structures, 20 facilities, or properties which may compete or tend to compete 21 with any other system of the District. 22 (5) The manner and method of paying service charges 23 and fees and the levying of penalties for delinquent payments. 24 (6) The manner and order of priority of the 25 disposition of revenues or redemption of any bonds. 26 (7) Terms and conditions for modification or amendment 27 of any provisions or covenants in any such bond resolution 28 authorizing the issuance of such bonds. 29 (8) Provisions and limitations on the appointment of a 30 trustee, paying agent, registrar, or escrow agent for 31 bondholders. 25 1:51 PM 04/23/03 s2904c-23m0a
SENATE AMENDMENT Bill No. SB 2904 Amendment No. ___ Barcode 212924 1 (9) Provisions as to the appointment of a receiver of 2 any system on default of principal or interest on any such 3 bonds or the breach of any covenant or condition of such 4 authorizing resolution or the provisions and requirements of 5 this act. 6 (10) Provisions as to the execution and entering into 7 of trust agreements, if deemed necessary by the board, 8 regarding the disposition of revenues or bond proceeds for the 9 payment of the cost of the acquisition and construction of the 10 system or any part thereof, or for any other purposes 11 necessary to secure any such revenue bonds. 12 (11) Provisions as to the maintenance of any such 13 system or systems and reasonable insurance thereof. 14 (12) Any other matters necessary to secure such bonds 15 and the payment of the principal and interest thereof. All 16 such provisions of the bond resolution and all such covenants 17 and agreements in addition to the other provisions and 18 requirements of this act shall constitute valid and legally 19 binding contracts between the District and several holders of 20 any such bonds regardless of the time of issuance of such 21 bonds, and shall be enforceable by any such holder or holders 22 by mandamus or other appropriate action, suit, or proceeding 23 in law or in equity in any court of competent jurisdiction. 24 Section 8. (1) When the fees, rates, or charges for 25 the services and facilities of any system are not paid when 26 due and are in default for 10 days or more, following written 27 notice to such delinquent customer, the District may 28 discontinue and shut off the supply of the services and 29 facilities of such systems, to the person, firm, corporation, 30 or other body, public or private, so supplied with such 31 services or facilities, until such fees, rates, or charges, 26 1:51 PM 04/23/03 s2904c-23m0a
SENATE AMENDMENT Bill No. SB 2904 Amendment No. ___ Barcode 212924 1 including interest, penalties, and charges for the shutting 2 off and discontinuance or the restoration of such services or 3 facilities are fully paid. Such delinquent fees, rates, or 4 charges, together with interest, penalties, and charges for 5 the shutting off and discontinuance or the restoration of such 6 services or facilities, and reasonable attorney s fees, costs 7 and other expenses, may be recovered by the board in a court 8 of competent jurisdiction. 9 (2) In the event that the fees, rates, or charges for 10 the services and the facilities of any system shall not be 11 paid as and when due, the unpaid balance thereof and all 12 interest accruing thereon shall, to the extent permitted by 13 law, be a lien on any parcel or property affected thereby. 14 Such liens shall be superior and paramount to the interest on 15 such parcel or property of any owner, lessee, tenant, 16 mortgagee, or other person except the lien of county or 17 district taxes and shall be on a parity with the lien of any 18 such county or district taxes. In the event that any such 19 service charge shall not be paid as and when due and shall be 20 in default for 30 days or more the unpaid balance thereof and 21 all interest accrued or penalties thereon, together with 22 attorney s fees and costs, may be recovered by the District in 23 a civil action, and any such lien and accrued interest and 24 penalties may be foreclosed or otherwise enforced by the 25 District by action or suit in equity as for the foreclosure of 26 a mortgage on real property in the manner provided by general 27 law. 28 Section 9. (1) The District may provide for the levy 29 of non-ad valorem assessments under this act on the lands and 30 real estate benefited by the construction of any system, or 31 extensions or improvements thereof, or any part thereof. 27 1:51 PM 04/23/03 s2904c-23m0a
SENATE AMENDMENT Bill No. SB 2904 Amendment No. ___ Barcode 212924 1 Non-ad valorem assessments may be levied only on benefited 2 real property at a rate of assessment based on the special 3 benefit accruing to such property from such improvements. The 4 District may use any assessment apportionment methodology that 5 meets the "fair apportionment" standards. 6 (2) The Board may determine to make any improvements 7 authorized by this act and defray the whole or any part of the 8 expense thereof by non-ad valorem assessments. The Board shall 9 so declare by resolution stating the nature of the proposed 10 improvement, designating the location of wastewater 11 facilities, the location of water mains, water laterals, and 12 other water distribution facilities, or the location of the 13 wastewater reuse facilities, and the part or portion of the 14 expense thereof to be paid by non-ad valorem assessments, the 15 manner in which said assessments shall be made, when said 16 assessments are to be paid, and what part, if any, shall be 17 apportioned to be paid from the general funds of the District. 18 Said resolution shall also designate the lands upon which the 19 non-ad valorem assessments shall be levied, and in describing 20 said lands it shall be sufficient to describe them as "all 21 lots and lands adjoining and contiguous or bounding and 22 abutting upon such improvements or specially benefited thereby 23 and further designated by the assessment plat hereinafter 24 provided for." Such resolution shall also state the total 25 estimated cost of the improvement. Such estimated cost may 26 include the cost of construction or reconstruction, the cost 27 of all labor and materials, the cost of all lands, property, 28 rights, easements, and franchises acquired, financing charges, 29 interest prior to and during construction and for 1 year after 30 completion of construction, discount on the sale of assessment 31 bonds, cost of plans and specifications, surveys of estimates 28 1:51 PM 04/23/03 s2904c-23m0a
SENATE AMENDMENT Bill No. SB 2904 Amendment No. ___ Barcode 212924 1 of costs and of revenues, cost of engineering and legal 2 services, and all other expenses necessary or incident to 3 determining the feasibility or practicability of such 4 construction or reconstruction, administrative expense, and 5 such other expense may be necessary or incident to the 6 financing herein authorized. 7 (3) At the time of the adoption of the resolution 8 provided for in subsection (2), there shall be on file at the 9 District s offices, an assessment plat showing the area to be 10 assessed, with plans and specifications, and an estimate of 11 the cost of the proposed improvement, which assessment plat, 12 plans, and specifications and estimate shall be open to the 13 inspection of the public. 14 (4) Upon adoption of the resolution provided for in 15 subsection (2), or completion of the preliminary assessment 16 roll provided for in subsection (5), whichever is later, the 17 vice chair of the Board shall publish notice of the resolution 18 once in a newspaper published in the Counties of Charlotte and 19 Sarasota. The notice shall state in brief and general terms a 20 description of the proposed improvements with the location 21 thereof, and that the plans, specifications, and estimates are 22 available to the public at the district s offices. The notice 23 shall also state the date and time of the hearing to hear 24 objections provided for in subsection (7), which hearing shall 25 be no earlier than 15 days after publication of said notice. 26 Such publication shall be verified by the affidavit of the 27 publisher and filed with the secretary to the Board. 28 (5) Upon the adoption of the resolution provided for 29 in subsection (2), the Board shall cause to be made a 30 preliminary assessment roll in accordance with the method of 31 assessment provided for in said resolution, said assessment 29 1:51 PM 04/23/03 s2904c-23m0a
SENATE AMENDMENT Bill No. SB 2904 Amendment No. ___ Barcode 212924 1 roll shall show the lots and lands assessed and the amount of 2 the benefit to and the assessment against each lot or parcel 3 of land, and, if said assessment is to be paid in 4 installments, the number of annual installments in which the 5 assessment is divided shall also be entered and shown upon 6 said assessment roll. 7 (6) Upon the completion of said preliminary assessment 8 roll, the Board shall by resolution fix a time and place at 9 which the owners of the property to be assessed or any other 10 persons interested therein may appear before said Board and be 11 heard as to the propriety and advisability of making such 12 improvements, as to the cost thereof, as to the manner of 13 payment therefor, and as to the amount thereof to be assessed 14 against each property so improved. Ten days notice in writing 15 of such time and place shall be given to such property owners. 16 The notice shall include the amount of the assessment and 17 shall be served by mailing a copy by first class mail to each 18 of such property owners at his or her last known address, the 19 names and addresses of such property owners to be obtained 20 from the records of the property appraiser, proof of such 21 mailing to be made by the affidavit of the secretary to the 22 Board, or by the engineer. 23 (7) At the time and place named in the notice provided 24 for in subsection (4), the Board shall meet and hear testimony 25 from affected property owners as to the propriety and 26 advisability of making the improvements and funding them with 27 non-ad valorem assessments on property. Following the 28 testimony, the Board shall make a final decision on whether to 29 levy the non-ad valorem assessments, adjusting assessments as 30 may be warranted by information received at or prior to the 31 hearing. If any property which may be chargeable under this 30 1:51 PM 04/23/03 s2904c-23m0a
SENATE AMENDMENT Bill No. SB 2904 Amendment No. ___ Barcode 212924 1 section shall have been omitted from the preliminary roll or 2 if the prima facie assessment shall not have been made against 3 it, the Board may place on such roll an apportionment to such 4 property. The owners of any property so added to the 5 assessment roll shall be mailed a copy of the notice provided 6 for in subsection (6), by first class mail and granted 15 days 7 from such date of mailing to file any objections with the 8 Board. When so approved by resolution of the Board, a final 9 assessment roll shall be filed with the vice chair of the 10 Board, and such assessments shall stand confirmed and remain 11 legal, valid, and binding first liens upon the property 12 against which such assessments are made until paid. The 13 assessment so made shall be final and conclusive as to each 14 lot or parcel assessed unless proper steps be taken within 30 15 days of the filing of the final assessment roll in a court of 16 competent jurisdiction to secure relief. If the assessment 17 against any property shall be sustained or reduced or abated 18 by the court, the vice chair shall note that fact on the 19 assessment roll opposite the description of the property 20 affected thereby and notify the county property appraiser and 21 the tax collector in writing. The amount of the non-ad valorem 22 assessment against any lot or parcel which may be abated by 23 the court, unless the assessment upon the entire District be 24 abated, or the amount by which such assessment is so reduced, 25 may by resolution of the Board be made chargeable against the 26 District at large, or, at the discretion of the Board, a new 27 assessment roll may be prepared and confirmed in the manner 28 hereinabove provided for the preparation and confirmation of 29 the original assessment roll. The Board may by resolution 30 grant a discount equal to all or a part of the payee s 31 proportionate share of the cost of the project consisting of 31 1:51 PM 04/23/03 s2904c-23m0a
SENATE AMENDMENT Bill No. SB 2904 Amendment No. ___ Barcode 212924 1 bond financing costs, such as capitalized interest, funded 2 reserves, and bond discount included in the estimated cost of 3 the project, upon payment in full of any assessment during 4 such period prior to the time such financing costs are 5 incurred as may be specified by the board. 6 (8) The non-ad valorem assessments shall be payable at 7 the time and in the manner stipulated in the resolution 8 providing for the improvement; shall remain liens, coequal 9 with the lien of all state, county, district, and municipal 10 taxes, superior in dignity to all other liens, titles, and 11 claims, until paid; shall bear interest, at a rate not to 12 exceed the percentage authorized by section 170.09, Florida 13 Statutes, for municipal special assessments or, if bonds are 14 issued pursuant to this chapter, at a rate not to exceed 1 15 percent above the rate of interest at which the bonds 16 authorized pursuant to this act and used for the improvement 17 are sold, from the date of the acceptance of the improvement; 18 and may, by the resolution aforesaid and only for capital 19 outlay projects, be made payable in equal installments over a 20 period not to exceed 20 years, to which, if not paid when due, 21 there shall be added a penalty at the rate of 1 percent per 22 month, until paid. However, the assessments may be paid 23 without interest at any time within 30 days after the 24 improvement is completed and a resolution accepting the same 25 has been adopted by the Board. 26 (9) The non-ad valorem assessments approved by the 27 Board may be levied, assessed, and collected pursuant to 28 section 197.3632, Florida Statutes. The collection and 29 enforcement of the non-ad valorem assessment levied by the 30 district shall be at the same time and in like manner as 31 county taxes. 32 1:51 PM 04/23/03 s2904c-23m0a
SENATE AMENDMENT Bill No. SB 2904 Amendment No. ___ Barcode 212924 1 (10) All assessments shall constitute a lien upon the 2 property so assessed from the date of confirmation of the 3 resolution ordering the improvement of the same nature and to 4 the same extent as the lien for general county, municipal, or 5 district taxes falling due in the same year or years in which 6 such assessments or installments thereof fall due, and any 7 assessment or installment not paid when due shall be collected 8 with such interest and with a reasonable attorney s fee and 9 costs, but without penalties, by the District by proceedings 10 in a court of equity to foreclose the lien of assessment as a 11 lien for mortgages is or may be foreclosed under the laws of 12 the state; provided that any such proceedings to foreclose 13 shall embrace all installments of principal remaining unpaid 14 with accrued interest thereon, which installments shall, by 15 virtue of the institution of such proceedings immediately 16 become due and payable. Nevertheless, if, prior to any sale of 17 the property under decree of foreclosure in such proceedings, 18 payment be made of the installment or installments which are 19 shown to be due under the provisions of the resolution passed 20 pursuant to this section, and all costs including attorney s 21 fees, such payment shall have the effect of restoring the 22 remaining installments to their original maturities and the 23 proceedings shall be dismissed. It shall be the duty of the 24 District to enforce the prompt collection of assessments by 25 the means herein provided, and such duty may be enforced at 26 the suit of any holder of bonds issued under this act in a 27 court of competent jurisdiction by mandamus or other 28 appropriate proceedings or action. Not later than 30 days 29 after the annual installments are due and payable, it shall be 30 the duty of the board to direct the attorney or attorneys whom 31 the board shall then designate, to institute actions within 3 33 1:51 PM 04/23/03 s2904c-23m0a
SENATE AMENDMENT Bill No. SB 2904 Amendment No. ___ Barcode 212924 1 months after such direction to enforce the collection of all 2 non-ad valorem assessments for improvements made under this 3 section and remaining due and unpaid at the time of such 4 direction. Such action shall be prosecuted in the manner and 5 under the conditions in and under which mortgages are 6 foreclosed under the laws of the state. It shall be lawful to 7 join in one action the collection of assessments against any 8 or all property assessed by virtue of the same assessment roll 9 unless the court shall deem such joiner prejudicial to the 10 interest of any defendant. The court shall allow reasonable 11 attorney s fees for the attorney or attorneys of the district, 12 and the same shall be collectible as a part of or in addition 13 to the costs of the action. At the sale pursuant to decree in 14 any such action, the District may be a purchaser to the same 15 extent as an individual person or corporation, except that the 16 part of the purchase price represented by the assessments sued 17 upon and the interest thereon need not be paid in cash. 18 Property so acquired by the District may be sold or otherwise 19 disposed of, the proceeds of such disposition to be placed in 20 the fund provided by subsection (11). However, no sale or 21 other disposition thereof shall be made unless the notice 22 calling for bids therefor to be received at a stated time and 23 place shall have been published in a newspaper of general 24 circulation in the District once in each of 4 successive weeks 25 prior to such disposition. 26 (11) All assessments and charges made under the 27 provisions of this section for the payment of all or any part 28 of the cost of any improvements for which assessment bonds 29 shall have been issued under the provisions of this act are 30 hereby pledged to the payment of the principal of and the 31 interest on such assessment bonds and shall, when collected, 34 1:51 PM 04/23/03 s2904c-23m0a
SENATE AMENDMENT Bill No. SB 2904 Amendment No. ___ Barcode 212924 1 be placed in a separate fund, properly designated, which fund 2 shall be used for no other purpose than the payment of such 3 principal and interest. 4 (12) The counties in which the District is located and 5 each school district and other political subdivision wholly or 6 partly within the District shall be subject to the same duties 7 and liabilities in respect of assessment under this section 8 affecting the real estate of such counties, school districts, 9 or other political subdivisions which private owners of real 10 estate are subject to hereunder, and such real estate of any 11 such counties, school districts, and political subdivision 12 shall be subject to liens for said assessments in all cases 13 where the same property would be subject had it at the time 14 the lien attached been owned by a private owner, except that 15 no such lien may be foreclosed unless and until said real 16 estate is conveyed to a person or entity which is not a 17 political subdivision. 18 Section 10. The Board shall cause to be made at least 19 once each year a comprehensive report of its water system, 20 wastewater reuse system, and wastewater system, including all 21 matters relating to rates, revenues, expenses of maintenance, 22 repair, and operation and renewals and capital replacements, 23 principal and interest requirements, and the status of all 24 funds and accounts. Copies of such general report shall be 25 filed with the vice chair and shall be open to public 26 inspection. 27 Section 11. Any holder of bonds issued under the 28 provisions of this act, or of any of the coupons appertaining 29 thereto, except as to the extent that the rights herein 30 granted may be restricted by the resolution authorizing the 31 issuance of such bonds, may, either at law or in equity, by 35 1:51 PM 04/23/03 s2904c-23m0a
SENATE AMENDMENT Bill No. SB 2904 Amendment No. ___ Barcode 212924 1 suit, mandamus or other proceeding, protect and enforce any 2 and all rights under the laws of the state or granted 3 hereunder or under such resolutions, and may enforce and 4 compel the performance of all duties required by this act and 5 by such resolutions to be performed by the District or by the 6 board or by any officer or officers or employees thereof, 7 including the fixing and charging and collecting of rates, 8 fees, and charges for the services and facilities furnished by 9 the water system, wastewater reuse system, or wastewater 10 system and the due and proper collection of any non-ad valorem 11 assessments pledged therefor. 12 Section 12. (1) As the exercise of the powers 13 conferred by this act constitutes the performance of essential 14 public functions and as the systems constructed under the 15 provisions of this act constitute public property used for 16 public purposes, such District and the property thereof, 17 including all revenues, moneys, or other assets of any type or 18 character, shall not be subject to taxation by the state or 19 any political subdivision, agency, instrumentality, or 20 municipality thereof, and it is hereby expressly found, 21 determined, and declared that all of the lands and real estate 22 in said District will be benefited by the construction or 23 acquisition of the systems, and additions, extensions, and 24 improvements thereto, provided for in this act. 25 (2) All bonds or other obligations issued under this 26 act shall be exempt from all taxation by the state or any 27 county, municipality, or political subdivision thereof; 28 however, the exemption does not apply to any tax imposed by 29 chapter 220, Florida Statutes, on interest, income, or 30 profits; however, the exemption does not apply to any tax 31 imposed by chapter 220, Florida Statutes, on interest, income, 36 1:51 PM 04/23/03 s2904c-23m0a
SENATE AMENDMENT Bill No. SB 2904 Amendment No. ___ Barcode 212924 1 or profits on debt obligations owned by corporations. Such 2 bonds or other obligations shall be and constitute securities 3 eligible for deposit as collateral to secure any state, 4 county, municipal, or other public funds, and shall also be 5 and constitute legal investments for any banks, savings banks, 6 trust funds, executors, administrators, state, county, 7 municipal, or other public funds, or any other fiduciary 8 funds. 9 Section 13. In any case where the character or 10 condition of the sewage from or originating in any 11 manufacturing or industrial plant or building or premises is 12 such that it imposes an unreasonable burden upon the 13 wastewater system, an additional charge may be made therefor 14 or the Board may, if it deems it advisable, compel such 15 manufacturing or industrial plant, building, or premises to 16 treat such wastewater in such manner as shall be specified by 17 the Board before discharging such wastewater into any 18 wastewater lines owned, maintained, or operated by the 19 District. 20 Section 14. The District is authorized to enter into 21 any agreement for the delivery of any revenue bonds, 22 assessment bonds, or any combination thereof, at one time or 23 from time to time as full or partial payment for any work done 24 by any contractor who may have been awarded a contract for the 25 construction of all or any part of any system. However, any 26 such bonds so delivered for payment of services shall have 27 been authorized and issued pursuant to the provisions of this 28 act and shall otherwise conform to the provisions thereof. 29 Section 15. (1) All contracts for the purchase of 30 commodities or contractual services in excess of $25,000 let, 31 awarded, or entered into by the District for the construction, 37 1:51 PM 04/23/03 s2904c-23m0a
SENATE AMENDMENT Bill No. SB 2904 Amendment No. ___ Barcode 212924 1 reconstruction, or addition to any system shall be publicly 2 advertised and bid. The Board shall adopt procedures for 3 public advertisement and call for sealed bids; which 4 procedures may vary the frequency and length of publication 5 based on the amount of the procurement. 6 (2) Such advertisement for bids, in addition to the 7 other necessary and pertinent matter, shall state in general 8 terms the nature and description of the improvement or 9 improvements to be undertaken and shall state that detailed 10 plans and specifications for such work are on file in the 11 office of the vice chair or will be mailed upon request to 12 interested parties. The award shall be made to the responsible 13 and competent bidder or bidders who shall offer to undertake 14 the improvements at the lowest cost to the District and such 15 bidder or bidders shall be required to file bond for the full 16 and faithful performance of such work and the execution of any 17 such contract in such amount as the Board shall determine. No 18 criteria may be used in determining the acceptability of the 19 bid that was not set forth in the invitation to bid. The 20 contract shall be awarded with reasonable promptness by 21 written notice to the qualified and responsive bidder who 22 submits the lowest responsive bid. 23 (3) When the Board determines that the use of 24 competitive sealed bidding is not practicable, commodities or 25 contractual services shall be procured by competitive sealed 26 proposals. A request for proposals which includes a statement 27 of the commodities or contractual services sought and all 28 contractual terms and conditions applicable to the 29 procurement, including the criteria, which shall include, but 30 not be limited to, price, to be used in determining 31 acceptability of the proposal shall be issued. To ensure full 38 1:51 PM 04/23/03 s2904c-23m0a
SENATE AMENDMENT Bill No. SB 2904 Amendment No. ___ Barcode 212924 1 understanding of and responsiveness to the solicitation 2 requirement, discussions may be conducted with qualified 3 offerors. The offerors shall be accorded fair and equal 4 treatment prior to the submittal dates specified in the 5 request for proposals with respect to any opportunity for 6 discussion and revision of proposals. The award shall be made 7 to the responsible offeror whose proposal is determined in 8 writing to be the most advantageous to the District, taking 9 into consideration the price and the other criteria set forth 10 in the request for proposals. 11 (4) If the chair of the Board, or his or her designee, 12 determines in writing that an immediate danger to the public 13 health, safety, or welfare or other substantial loss to the 14 District requires emergency action, the provisions of this 15 section requiring competitive bidding or proposals shall be 16 waived. After the chair or his or her designee makes such a 17 written determination, the District may proceed with the 18 procurement of commodities or contractual services 19 necessitated by the immediate danger, without competition. 20 However, such emergency procurement shall be made with such 21 competition as is practicable under the circumstances. 22 Commodities or contractual services available only from a 23 single source may be excepted from the bid requirements if it 24 is determined that such commodities or services are available 25 only from a single source and such determination is documented 26 and approved by the Board. Nothing in this section shall be 27 deemed to prevent the district from hiring or retaining such 28 consulting engineers, or other professionals or other 29 technicians as it shall determine, in its discretion, 30 consistent with the requirements of section 287.055, Florida 31 Statutes, or for undertaking any construction work with its 39 1:51 PM 04/23/03 s2904c-23m0a
SENATE AMENDMENT Bill No. SB 2904 Amendment No. ___ Barcode 212924 1 own resources and without any such public advertisement. 2 Section 16. The same rates, fees, charges, and non-ad 3 valorem assessments shall be fixed, levied, and collected on 4 the property, officers, and employees of the counties, or any 5 school district, or other political subdivision included 6 within the District, as are fixed, levied, and collected on 7 all other properties or persons in the District as provided in 8 this act. 9 Section 17. Any county, municipality, or other 10 political subdivision is authorized to sell, lease, grant, or 11 convey any real or personal property to the district and any 12 such sale, grant, lease, or conveyance may be made without 13 formal consideration. The district is authorized to classify 14 as surplus any of its property and dispose of such property 15 consistent with the provisions of sections 274.05 and 274.06, 16 Florida Statutes. 17 Section 18. No system or portion thereof shall be 18 constructed within the District unless the Board shall give 19 its consent thereto and approve the plans and specifications 20 therefor; subject, however, to the terms and provisions of any 21 resolution authorizing any bonds and agreements with 22 bondholders. 23 Section 19. The Board shall have no power to mortgage, 24 pledge, encumber, sell, or otherwise convey all or any part of 25 its systems except as otherwise provided in this act, and 26 except that the Board may dispose of any part of such system 27 or systems as may be no longer necessary for the purposes of 28 the District. The provisions of this section shall be deemed 29 to constitute a contract with all bondholders. All District 30 property shall be exempt from levy and sale by virtue of an 31 execution and no execution or other judicial process shall 40 1:51 PM 04/23/03 s2904c-23m0a
SENATE AMENDMENT Bill No. SB 2904 Amendment No. ___ Barcode 212924 1 issue against such property nor shall any judgment against the 2 District be a charge or lien on its property; provided that 3 nothing herein contained shall apply to or limit the rights of 4 bondholders to pursue any remedy for the enforcement of any 5 lien or pledge given by the district on revenues derived from 6 the operation of any system. 7 Section 20. The state does hereby pledge to and 8 covenant and agree with the holders of any bonds issued 9 pursuant to this act that the state will not limit or alter 10 the rights hereby vested in the District to acquire, 11 construct, maintain, reconstruct, and operate its systems and 12 to fix, establish, charge, and collect its service charges 13 therefor, and to fulfill the terms of any agreement made with 14 the holders of such bonds or other obligations, and will not 15 in any way impair the rights or remedies of such holders, 16 until the bonds, together with interest thereon, with interest 17 on any unpaid installments of interest, and all costs and 18 expenses in connection with any action or proceeding by or on 19 behalf of such holders, are fully met and discharged. 20 Section 21. The provisions of this act shall be deemed 21 to constitute a contract with the holders of any bonds issued 22 hereunder and shall be liberally construed to effect its 23 purposes and shall be deemed cumulative and supplemental to 24 all other laws. 25 Section 22. If any section or provision of this act is 26 held to be invalid or inoperative, then the same shall be 27 deemed severable from and shall not affect the validity of any 28 of the other provisions hereof. 29 Section 23. The District may assume the operation of 30 any system which substantially fails to meet its financial 31 responsibilities or operating standards pursuant to this act 41 1:51 PM 04/23/03 s2904c-23m0a
SENATE AMENDMENT Bill No. SB 2904 Amendment No. ___ Barcode 212924 1 or other laws and regulations of the state, if the Board 2 determines that such action is in the public interest and the 3 system owner conveys ownership to the District. 4 Section 24. The Board may lease or license the use of 5 any real or personal property of the District upon such terms, 6 conditions, and for such consideration as the Board deems 7 appropriate. However, no such lease or license shall be for a 8 period exceeding 20 years in duration, unless renewed, and 9 provided that the lease or license shall be restricted to 10 permit the grantee to use such property during the term of the 11 lease or license only for civic or public purposes or purposes 12 not in conflict with this act or general law. 13 Section 25. The District may, in addition to other 14 provisions of this act providing for the accrual of interest, 15 assess an interest charge on contractual obligations owed the 16 District. Such interest shall accrue at an annual percentage 17 rate as provided in chapter 687, Florida Statutes, or as 18 otherwise provided by contract. Such accrued interest charges, 19 if payment thereof becomes delinquent, may be recovered in the 20 same manner as provided in this act for other delinquent 21 rates, fees, charges, or penalties. 22 Section 26. The members of the Board of Supervisors 23 shall be subject to recall as provided by general law for 24 elected officers of municipalities. 25 Section 27. Any person who shall steal or damage 26 District property, or tamper with or alter District property 27 or threaten or cause actual harm to public health shall be 28 guilty of a criminal offense and misdemeanor within the 29 meaning of section 775.08, Florida Statutes, unless such 30 offense is of a higher degree in general law, and shall be 31 punishable as provided by law. 42 1:51 PM 04/23/03 s2904c-23m0a
SENATE AMENDMENT Bill No. SB 2904 Amendment No. ___ Barcode 212924 1 Section 28. All contracts, obligations, rules, 2 regulations, or policies of any nature existing on the date of 3 enactment of this act shall remain in full force and effect 4 and this act shall in no way affect the validity of such 5 contracts, obligations, rules, regulations, or policies. 6 Section 29. This act shall not affect the terms of 7 office of the present District Board, nor shall it affect the 8 terms and conditions of employment of any employees of the 9 District. 10 Section 4. Chapter 96-499, Laws of Florida, is 11 repealed. 12 Section 5. It is declared to be the intent of the 13 Legislature that if any section, subsection, sentence, clause, 14 phrase, or portion of this act is, for any reason, held 15 invalid or unconstitutional by a court of competent 16 jurisdiction, such portion shall be deemed to be a separate, 17 distinct, and independent provision and such holdings shall 18 not affect the validity of the remaining portions of this act. 19 Section 6. This act shall be construed as a remedial 20 act and the provisions of this act shall be liberally 21 construed in order to effectively carry out the purpose of 22 this act in the interest of the public health, welfare, and 23 safety of the citizens served by the District. 24 Section 7. This act shall take effect upon becoming a 25 law. 26 27 28 ================ T I T L E A M E N D M E N T =============== 29 And the title is amended as follows: 30 Delete everything before the enacting clause 31 43 1:51 PM 04/23/03 s2904c-23m0a
SENATE AMENDMENT Bill No. SB 2904 Amendment No. ___ Barcode 212924 1 and insert: 2 A bill to be entitled 3 An act relating to Charlotte and Sarasota 4 Counties; creating the Englewood Water 5 District; providing for codification of special 6 laws regarding special districts pursuant to s. 7 189.429, F.S., relating to the Englewood Water 8 District; establishing boundaries; providing 9 definitions; providing for election of a Board 10 of Supervisors to govern said District; 11 establishing powers, authority, and duties of 12 the Board; granting to said governing board the 13 authority in the territory defined to 14 construct, acquire, extend, enlarge, 15 reconstruct, improve, maintain, equip, repair, 16 and operate a water system, wastewater system, 17 or wastewater reuse system, or any combination 18 thereof; authorizing the levy and collection of 19 non-ad valorem assessments on property 20 benefited by the construction of such water 21 system, wastewater system, wastewater reuse 22 system, or combined systems; providing for 23 optional methods of financing the cost of the 24 water system, wastewater system, wastewater 25 reuse system, or combined systems or extensions 26 and additions thereto by the issuance of 27 revenue bonds or assessment bonds or any 28 combination thereof and the fixing and 29 collection thereof and the fixing and 30 collection of rates and charges on users of 31 such systems; providing for the levy and 44 1:51 PM 04/23/03 s2904c-23m0a
SENATE AMENDMENT Bill No. SB 2904 Amendment No. ___ Barcode 212924 1 collection of non-ad valorem assessments on 2 benefited property and the pledge of such 3 assessments for the payment of any revenue 4 bonds or assessment bonds; providing for the 5 rights, remedies, and security of any of the 6 holders of said bonds; providing penalties; 7 repealing chapter 96-499, Laws of Florida, 8 relating to the creation and establishment of 9 the Englewood Water District; providing an 10 effective date. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 45 1:51 PM 04/23/03 s2904c-23m0a