HB 1793

1
A bill to be entitled
2An act relating to Alligator Point Water Resources
3District, Franklin County; codifying, amending,
4reenacting, and repealing chapters 63-1350 and 85-414,
5Laws of Florida; providing legislative intent; providing
6definitions; providing that the district may provide sewer
7and wastewater collection and disposal services; providing
8severability; providing construction; providing for
9annexation; requiring a referendum; providing an effective
10date.
11
12Be It Enacted by the Legislature of the State of Florida:
13
14     Section 1.  Pursuant to section 189.429, Florida Statutes,
15this act constitutes the codification of all special acts
16relating to Alligator Point Water Resources District. It is the
17intent of the Legislature in enacting this law to provide a
18single, comprehensive special act charter for the district
19including all current legislative authority granted to the
20district by its several legislative enactments and any
21additional authority granted by this act.
22     Section 2.  Chapters 63-1350 and 85-414, Laws of Florida,
23are amended, codified, reenacted, and repealed as herein
24provided.
25     Section 3.  The Alligator Point Water Resources District is
26re-created and the charter for such district is re-created and
27reenacted to read:
28     Section 1.  This act shall be known as the "Alligator Point
29Water Resources District Act."
30     Section 2.  As used in this act:
31     (1)  "Water system" means waterworks or water treatment
32plant, or other operation concerning fresh water production,
33distribution, or sale.
34     (2)  "District" means the Alligator Point Water Resources
35District of Franklin County.
36     (3)  "Board" means the Alligator Point Water Resources
37Board.
38     (4)  "Sewer system" means plant, system, facility, or other
39operation concerning collection, treatment, purification, or
40disposal of sewage.
41     Section 3.  There is created in Franklin County an
42independent special district to be known as Alligator Point
43Water Resources District. The district shall include all that
44portion of Alligator Point in said county described as follows:
45Fractional sections 4, 5, 6 and 7 in Township 7,
46South, Range 1 West and fractional section 1, 2, 3 and
4712 in Township 7 South, Range 2 West.
48     Section 4.  (1)  The governing body of the district shall
49be the Alligator Point Water Resources Board consisting of three
50members, each of whom shall be the owner of the fee simple title
51to real estate located in the district.
52     (2)  Appointments to fill interim vacancies on the board
53shall be for the unexpired term only. Members shall be appointed
54by the Governor for terms of 4 years.
55     Section 5.  Boards appointed by the Governor shall at their
56first meeting elect from their membership a chair. No person
57shall be appointed as a member of the board if such person is
58not the owner of real property within the district.
59     Section 6.  The board of the Alligator Point Water
60Resources District is authorized and empowered:
61     (1)  To purchase and/or construct, reconstruct, buy,
62improve, extend, enlarge, equip, repair, maintain, and operate a
63water system; to provide fresh water either within or without
64the district for a distance of 5 miles, or both; to operate,
65manage, and control all such systems so purchased and/or
66constructed and all properties pertaining thereto; and to
67furnish and supply water, sewage, and disposal services to such
68district or adjoining area and any persons, firms, or
69corporation, public or private, in any such area.
70     (2)  To issue negotiable water revenue certificates of the
71district, payable from revenues to be derived from the operation
72of said water and/or sewer system.
73     (3)  To levy a tax not to exceed 5 mills on all taxable
74property within the district.
75     (4)  To fix and collect rates and charges for water or
76sewer furnished by said water and sewer systems and to fix and
77collect charges for making connections with any water or sewer
78system.
79     (5)  To acquire in the name of the district, by purchase,
80gift, or the exercise of the right of eminent domain, within and
81without such lands and rights and interests therein, including
82lands over and under water and riparian rights; to acquire such
83personal property as it may deem necessary in connection with
84the construction or operation of water and sewer systems; and to
85hold and dispose of all real and personal property under its
86control.
87     (6)  To make and enter into all contracts and agreements
88necessary or incidental to the performance of its duties and the
89execution of its powers under this act, including a trust
90agreement or trust agreements securing any bonds issued
91hereunder; to employ such expert and clerical personnel as may,
92in the judgment of the board, be deemed necessary; and to fix
93their compensation, provided, however, that all such expenses
94shall be payable solely from funds made available under the
95provisions of this act.
96     (7)  To exercise jurisdiction, control, and supervision
97over any water and sewer systems owned, operated, or maintained
98by it; to make and enforce such rules and regulations for the
99maintenance and operation of any such system as may in its
100judgment be necessary or desirable for the efficient operation
101thereof; and to accomplish the purposes of this act.
102     (8)  To enter on any lands, water, or premises located
103within or without the district to make surveys, borings,
104soundings, or examinations to effectuate the purposes of this
105act.
106     (9)  To construct and operate water mains, laterals,
107conduits, pipelines, pumping stations, lift stations, valves,
108force mains, laterals, pressure lines, mains, and all necessary
109appurtenances thereto, in, along, or under any street, alleys,
110highways, or other public places within or without the district.
111     (10)  To restrain, enjoin, or otherwise prevent any
112political subdivision or agency and any person or corporation,
113public or private, from discharging into any navigable or
114nonnavigable waters within the limits of the district any
115sewage, industrial waters, or other refuse which would
116contribute to the pollution of such and to restrain, enjoin, or
117otherwise prevent the violation of any provision of this act or
118any resolution, regulation, or rule adopted pursuant to the
119powers granted by this act.
120     (11)  Subject to such provisions and restrictions as may be
121set forth in any resolution or trust agreement authorizing or
122securing any bonds issued under the provisions of this act, to
123enter into contracts with the government of the United States or
124the state or any agency or instrumentality of either thereof, or
125with any municipality, district, private corporation,
126copartnership, association, or individual providing for or
127relating to such water system or the purchase and sale of water
128or sewer system and the disposal of sewage.
129     (12)  To receive and accept from any authorized agency of
130the Federal Government loans or grants for the planning,
131construction, improvement, extension, enlargement,
132reconstruction, or equipment of any water and sewer systems; to
133enter into agreements with such agency respecting any such loans
134or grants; and to receive and accept aid or contributions from
135any source of either money, property, labor, or other things of
136value, to be held, used, and applied only for the purposes for
137which such loans, grants, or contributions be made.
138     (13)  To do all acts and things necessary or convenient to
139carry out the powers expressly granted in this act.
140     Section 7.  No funds of the district shall be used for any
141purpose other than those defined in section 6 and the
142administration of the affairs and business of the district, or
143the purpose, acquisition, construction, expansion, care,
144maintenance, upkeep, and operation of a fresh water system and
145sewer system in the district as the board may determine to be
146for the best interest of the district and inhabitants thereof.
147     Section 8.  All taxable property within the district shall
148be subject to an ad valorem tax not to exceed 5 mills of the
149assessed valuation of such property to be used to carry out the
150purposes of this act. In accordance with timetables set by
151Florida Statutes, each year the district board shall meet and
152determine the millage necessary to provide funds to be levied
153and assessed on such property to carry out the purposes of this
154act; provided, however, that the millage determined by the board
155shall not exceed the limitations of this section. The ad valorem
156tax authorized by this section shall be levied and collected in
157the same manner as taxes for county purposes are assessed and
158collected in Franklin County. Taxes of the district shall be of
159equal dignity with taxes for county purposes and shall become
160liens and be enforced in the same manner as taxes for county
161purposes.
162     Section 9.  The board may fix and revise from time to time
163rates and charges for water furnished by any water system and
164for sewage disposal by any sewer system and charge and collect
165the same. Any such rates and charges shall be so fixed and
166revised as to provide funds, with other funds available for such
167purpose, sufficient at all times:
168     (1)  To pay the cost of maintaining, repairing, and
169operating the water and sewer systems of the district, and to
170provide reserves therefor and for replacements, depreciation,
171and necessary extensions and enlargements.
172     (2)  To pay the principal of and the interest on all
173outstanding bonds for the payment of which such rates and
174charges are pledged as the same shall become due and provide
175reserves therefor.
176     (3)  To provide a margin of safety for making such payments
177and providing such reserves. Such rates and charges shall not be
178subject to supervision or regulation by any commission, board,
179bureau, or agency of the state or of any political subdivision
180of the state. Such rates and charges shall be just and
181equitable.
182     Section 10.  The board may provide in the resolution
183authorizing the issuance of bonds under this act or in any trust
184agreement securing such bonds that if any water or sewer rates
185shall not be paid within 30 days from the rendition of any such
186bills, the district shall discontinue furnishing water to such
187premises and may disconnect the same from the water system. Any
188such resolution or trust agreement may include any or all of the
189following provisions, and may require the board to adopt such
190resolutions or to take such other lawful action as shall be
191necessary to effectuate such provisions, and the board is hereby
192authorized to adopt such resolutions and to take such other
193action.
194     (1)  The district may require the owner, tenant, or
195occupant of each lot or parcel of land within the district who
196is obligated to pay water or sewer rates to the district; to
197make a reasonable deposit with the district in advance; to
198ensure the payment of such rates or charges; and to be subject
199to application to the payment thereof if and when delinquent.
200     (2)  If any water or sewer rates charges payable to the
201district shall not be paid within 30 days after the same shall
202become due and payable, the district may at the expiration of
203such 30 days period disconnect the premises from the water
204system and the district may proceed to recover the amount of any
205such delinquent rates or charges, with interest at the highest
206legal rate, in any court having jurisdiction over claims for
207money damages.
208     Section 11.  The provisions of this act are severable, and
209it is the intention to confer the whole or any part of the
210powers herein provided for and if any of the provisions of this
211act shall be held unconstitutional by any court of competent
212jurisdiction, the decision of such court shall not affect or
213impair any of the remaining provisions of this act. It is hereby
214declared to be the legislative intent that this act would have
215been adopted had such unconstitutional provision not been
216included therein.
217     Section 4.  This act shall be construed as a remedial act
218and shall be liberally construed to promote the purpose for
219which it is intended.
220     Section 5.  Chapters 63-1350 and 85-414, Laws of Florida,
221are repealed.
222     Section 6.  In accordance with the provisions of law
223relating to elections currently in force, a referendum shall be
224called by the Franklin County Supervisor of Elections, to be
225paid for by the Alligator Point Water Resources District, on the
226question of whether the boundaries of the Alligator Point Water
227Resources District shall be modified to include land in section
2287 and whether property within the annexed area shall be subject
229to an ad valorem tax not to exceed 5 mills.
230     Section 7.  Effective 15 days after approval by a majority
231vote of those qualified electors residing within the area
232proposed to be annexed and voting on the question in the
233referendum, section 3 of the charter contained in section 3 of
234this act shall be amended to read:
235     Section 3.  There is created in Franklin County a special
236taxing district to be known as Alligator Point Water Resources
237District. The district shall include all that portion of
238Alligator Point in said county described as follows:
239Fractional sections 4, 5, 6 and 7 in Township 7,
240South, Range 1 West and fractional section 1, 2, 3 and
24112 in Township 7 South, Range 2 West.
242
243A parcel of land in Township 6 South, Range 1 West,
244Township 6 South, Range 2 West, Franklin County,
245Florida, described as follows:
246
247All of Sections 17, 20, 21, 28, 29, 31, 32 and 33,
248Township 6 South, Range 1 West;
249
250AND:
251
252That part of Sections 18 and 19, Township 6 South,
253Range 1 West, Franklin County, Florida lying Easterly
254of the following described line:
255
256For a POINT OF BEGINNING commence at the Northwest
257corner of Section 30, Township 6 South, Range 1 West,
258Franklin County, Florida; thence N 00°13'04" W along


CODING: Words stricken are deletions; words underlined are additions.