HB 1793CS

CHAMBER ACTION




1The Local Government Council recommends the following:
2
3     Council/Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to Alligator Point Water Resources
7District, Franklin County; codifying, amending,
8reenacting, and repealing chapters 63-1350 and 85-414,
9Laws of Florida; providing legislative intent; providing
10definitions; providing that the district may provide sewer
11and wastewater collection and disposal services; providing
12severability; providing construction; providing for
13annexation; requiring a referendum; providing an effective
14date.
15
16Be It Enacted by the Legislature of the State of Florida:
17
18     Section 1.  Pursuant to section 189.429, Florida Statutes,
19this act constitutes the codification of all special acts
20relating to Alligator Point Water Resources District. It is the
21intent of the Legislature in enacting this law to provide a
22single, comprehensive special act charter for the district
23including all current legislative authority granted to the
24district by its several legislative enactments and any
25additional authority granted by this act.
26     Section 2.  Chapters 63-1350 and 85-414, Laws of Florida,
27are amended, codified, reenacted, and repealed as herein
28provided.
29     Section 3.  The Alligator Point Water Resources District is
30re-created and the charter for such district is re-created and
31reenacted to read:
32     Section 1.  This act shall be known as the "Alligator Point
33Water Resources District Act."
34     Section 2.  As used in this act:
35     (1)  "Water system" means waterworks or water treatment
36plant, or other operation concerning fresh water production,
37distribution, or sale.
38     (2)  "District" means the Alligator Point Water Resources
39District of Franklin County.
40     (3)  "Board" means the Alligator Point Water Resources
41Board.
42     (4)  "Sewer system" means plant, system, facility, or other
43operation concerning collection, treatment, purification, or
44disposal of sewage.
45     Section 3.  There is created in Franklin County an
46independent special district to be known as Alligator Point
47Water Resources District. The district shall include all that
48portion of Alligator Point in said county described as follows:
49Fractional sections 4, 5, 6 and 7 in Township 7,
50South, Range 1 West and fractional section 1, 2, 3 and
5112 in Township 7 South, Range 2 West.
52     Section 4.  (1)  The governing body of the district shall
53be the Alligator Point Water Resources Board consisting of three
54members, each of whom shall be the owner of the fee simple title
55to real estate located in the district.
56     (2)  Appointments to fill interim vacancies on the board
57shall be for the unexpired term only. Members shall be appointed
58by the Governor for terms of 4 years.
59     Section 5.  Boards appointed by the Governor shall at their
60first meeting elect from their membership a chair. No person
61shall be appointed as a member of the board if such person is
62not the owner of real property within the district.
63     Section 6.  The board of the Alligator Point Water
64Resources District is authorized and empowered:
65     (1)  To purchase and/or construct, reconstruct, buy,
66improve, extend, enlarge, equip, repair, maintain, and operate a
67water system; to provide fresh water either within or without
68the district for a distance of 5 miles, or both; to operate,
69manage, and control all such systems so purchased and/or
70constructed and all properties pertaining thereto; and to
71furnish and supply water, sewage, and disposal services to such
72district or adjoining area and any persons, firms, or
73corporation, public or private, in any such area.
74     (2)  To issue negotiable water revenue certificates of the
75district, payable from revenues to be derived from the operation
76of said water and/or sewer system.
77     (3)  To levy a tax not to exceed 5 mills on all taxable
78property within the district.
79     (4)  To fix and collect rates and charges for water or
80sewer furnished by said water and sewer systems and to fix and
81collect charges for making connections with any water or sewer
82system.
83     (5)  To acquire in the name of the district, by purchase,
84gift, or the exercise of the right of eminent domain, within and
85without such lands and rights and interests therein, including
86lands over and under water and riparian rights; to acquire such
87personal property as it may deem necessary in connection with
88the construction or operation of water and sewer systems; and to
89hold and dispose of all real and personal property under its
90control.
91     (6)  To make and enter into all contracts and agreements
92necessary or incidental to the performance of its duties and the
93execution of its powers under this act, including a trust
94agreement or trust agreements securing any bonds issued
95hereunder; to employ such expert and clerical personnel as may,
96in the judgment of the board, be deemed necessary; and to fix
97their compensation, provided, however, that all such expenses
98shall be payable solely from funds made available under the
99provisions of this act.
100     (7)  To exercise jurisdiction, control, and supervision
101over any water and sewer systems owned, operated, or maintained
102by it; to make and enforce such rules and regulations for the
103maintenance and operation of any such system as may in its
104judgment be necessary or desirable for the efficient operation
105thereof; and to accomplish the purposes of this act.
106     (8)  To enter on any lands, water, or premises located
107within or without the district to make surveys, borings,
108soundings, or examinations to effectuate the purposes of this
109act.
110     (9)  To construct and operate water mains, laterals,
111conduits, pipelines, pumping stations, lift stations, valves,
112force mains, laterals, pressure lines, mains, and all necessary
113appurtenances thereto, in, along, or under any street, alleys,
114highways, or other public places within or without the district.
115     (10)  To restrain, enjoin, or otherwise prevent any
116political subdivision or agency and any person or corporation,
117public or private, from discharging into any navigable or
118nonnavigable waters within the limits of the district any
119sewage, industrial waters, or other refuse which would
120contribute to the pollution of such and to restrain, enjoin, or
121otherwise prevent the violation of any provision of this act or
122any resolution, regulation, or rule adopted pursuant to the
123powers granted by this act.
124     (11)  Subject to such provisions and restrictions as may be
125set forth in any resolution or trust agreement authorizing or
126securing any bonds issued under the provisions of this act, to
127enter into contracts with the government of the United States or
128the state or any agency or instrumentality of either thereof, or
129with any municipality, district, private corporation,
130copartnership, association, or individual providing for or
131relating to such water system or the purchase and sale of water
132or sewer system and the disposal of sewage.
133     (12)  To receive and accept from any authorized agency of
134the Federal Government loans or grants for the planning,
135construction, improvement, extension, enlargement,
136reconstruction, or equipment of any water and sewer systems; to
137enter into agreements with such agency respecting any such loans
138or grants; and to receive and accept aid or contributions from
139any source of either money, property, labor, or other things of
140value, to be held, used, and applied only for the purposes for
141which such loans, grants, or contributions be made.
142     (13)  To do all acts and things necessary or convenient to
143carry out the powers expressly granted in this act.
144     Section 7.  No funds of the district shall be used for any
145purpose other than those defined in section 6 and the
146administration of the affairs and business of the district, or
147the purpose, acquisition, construction, expansion, care,
148maintenance, upkeep, and operation of a fresh water system and
149sewer system in the district as the board may determine to be
150for the best interest of the district and inhabitants thereof.
151     Section 8.  All taxable property within the district shall
152be subject to an ad valorem tax not to exceed 5 mills of the
153assessed valuation of such property to be used to carry out the
154purposes of this act. In accordance with timetables set by
155Florida Statutes, each year the district board shall meet and
156determine the millage necessary to provide funds to be levied
157and assessed on such property to carry out the purposes of this
158act; provided, however, that the millage determined by the board
159shall not exceed the limitations of this section. The ad valorem
160tax authorized by this section shall be levied and collected in
161the same manner as taxes for county purposes are assessed and
162collected in Franklin County. Taxes of the district shall be of
163equal dignity with taxes for county purposes and shall become
164liens and be enforced in the same manner as taxes for county
165purposes.
166     Section 9.  The board may fix and revise from time to time
167rates and charges for water furnished by any water system and
168for sewage disposal by any sewer system and charge and collect
169the same. Any such rates and charges shall be so fixed and
170revised as to provide funds, with other funds available for such
171purpose, sufficient at all times:
172     (1)  To pay the cost of maintaining, repairing, and
173operating the water and sewer systems of the district, and to
174provide reserves therefor and for replacements, depreciation,
175and necessary extensions and enlargements.
176     (2)  To pay the principal of and the interest on all
177outstanding bonds for the payment of which such rates and
178charges are pledged as the same shall become due and provide
179reserves therefor.
180     (3)  To provide a margin of safety for making such payments
181and providing such reserves. Such rates and charges shall not be
182subject to supervision or regulation by any commission, board,
183bureau, or agency of the state or of any political subdivision
184of the state. Such rates and charges shall be just and
185equitable.
186     Section 10.  The board may provide in the resolution
187authorizing the issuance of bonds under this act or in any trust
188agreement securing such bonds that if any water or sewer rates
189shall not be paid within 30 days from the rendition of any such
190bills, the district shall discontinue furnishing water to such
191premises and may disconnect the same from the water system. Any
192such resolution or trust agreement may include any or all of the
193following provisions, and may require the board to adopt such
194resolutions or to take such other lawful action as shall be
195necessary to effectuate such provisions, and the board is hereby
196authorized to adopt such resolutions and to take such other
197action.
198     (1)  The district may require the owner, tenant, or
199occupant of each lot or parcel of land within the district who
200is obligated to pay water or sewer rates to the district; to
201make a reasonable deposit with the district in advance; to
202ensure the payment of such rates or charges; and to be subject
203to application to the payment thereof if and when delinquent.
204     (2)  If any water or sewer rates charges payable to the
205district shall not be paid within 30 days after the same shall
206become due and payable, the district may at the expiration of
207such 30 days period disconnect the premises from the water
208system and the district may proceed to recover the amount of any
209such delinquent rates or charges, with interest at the highest
210legal rate, in any court having jurisdiction over claims for
211money damages.
212     Section 11.  The provisions of this act are severable, and
213it is the intention to confer the whole or any part of the
214powers herein provided for and if any of the provisions of this
215act shall be held unconstitutional by any court of competent
216jurisdiction, the decision of such court shall not affect or
217impair any of the remaining provisions of this act. It is hereby
218declared to be the legislative intent that this act would have
219been adopted had such unconstitutional provision not been
220included therein.
221     Section 4.  This act shall be construed as a remedial act
222and shall be liberally construed to promote the purpose for
223which it is intended.
224     Section 5.  Chapters 63-1350 and 85-414, Laws of Florida,
225are repealed.
226     Section 6.  In accordance with provisions of law relating
227to elections currently in force, the Alligator Point Water
228Resources District shall call and the Franklin County Supervisor
229of Elections shall conduct a referendum no later than November
23030, 2006, of the qualified electors residing within the area
231proposed to be annexed pursuant to section 7. "Qualified
232elector" means a person who is a registered voter qualified to
233vote in a general election held in Franklin County. The purpose
234of said referendum shall be to determine whether the boundaries
235of the Alligator Point Water Resources District shall be
236expanded to include land that is not currently within the
237district's boundaries as described in section 7, and whether
238property within the annexed area shall be subject to ad valorem
239taxation at a rate not to exceed 5 mills.
240     Section 7.  Effective 15 days after approval by a majority
241vote of those qualified electors residing within the area
242proposed to be annexed and voting on the question in the
243referendum, section 3 of the charter contained in section 3 of
244this act shall be amended to read:
245     Section 3.  There is created in Franklin County a special
246taxing district to be known as Alligator Point Water Resources
247District. The district shall include all that portion of
248Alligator Point in said county described as follows:
249Fractional sections 4, 5, 6 and 7 in Township 7,
250South, Range 1 West and fractional section 1, 2, 3 and
25112 in Township 7 South, Range 2 West.
252
253A parcel of land in Township 6 South, Range 1 West,
254Township 6 South, Range 2 West, Franklin County,
255Florida, described as follows:
256
257All of Sections 17, 20, 21, 28, 29, 31, 32 and 33,
258Township 6 South, Range 1 West;
259
260AND:
261
262That part of Sections 18 and 19, Township 6 South,
263Range 1 West, Franklin County, Florida lying Easterly
264of the following described line:
265
266For a POINT OF BEGINNING commence at the Northwest
267corner of Section 30, Township 6 South, Range 1 West,
268Franklin County, Florida; thence N 00°13'04" W along


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