1 | The Local Government Council recommends the following: |
2 |
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3 | Council/Committee Substitute |
4 | Remove the entire bill and insert: |
5 | A bill to be entitled |
6 | An act relating to Alligator Point Water Resources |
7 | District, Franklin County; codifying, amending, |
8 | reenacting, and repealing chapters 63-1350 and 85-414, |
9 | Laws of Florida; providing legislative intent; providing |
10 | definitions; providing that the district may provide sewer |
11 | and wastewater collection and disposal services; providing |
12 | severability; providing construction; providing for |
13 | annexation; requiring a referendum; providing an effective |
14 | date. |
15 |
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16 | Be It Enacted by the Legislature of the State of Florida: |
17 |
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18 | Section 1. Pursuant to section 189.429, Florida Statutes, |
19 | this act constitutes the codification of all special acts |
20 | relating to Alligator Point Water Resources District. It is the |
21 | intent of the Legislature in enacting this law to provide a |
22 | single, comprehensive special act charter for the district |
23 | including all current legislative authority granted to the |
24 | district by its several legislative enactments and any |
25 | additional authority granted by this act. |
26 | Section 2. Chapters 63-1350 and 85-414, Laws of Florida, |
27 | are amended, codified, reenacted, and repealed as herein |
28 | provided. |
29 | Section 3. The Alligator Point Water Resources District is |
30 | re-created and the charter for such district is re-created and |
31 | reenacted to read: |
32 | Section 1. This act shall be known as the "Alligator Point |
33 | Water Resources District Act." |
34 | Section 2. As used in this act: |
35 | (1) "Water system" means waterworks or water treatment |
36 | plant, or other operation concerning fresh water production, |
37 | distribution, or sale. |
38 | (2) "District" means the Alligator Point Water Resources |
39 | District of Franklin County. |
40 | (3) "Board" means the Alligator Point Water Resources |
41 | Board. |
42 | (4) "Sewer system" means plant, system, facility, or other |
43 | operation concerning collection, treatment, purification, or |
44 | disposal of sewage. |
45 | Section 3. There is created in Franklin County an |
46 | independent special district to be known as Alligator Point |
47 | Water Resources District. The district shall include all that |
48 | portion of Alligator Point in said county described as follows: |
49 | Fractional sections 4, 5, 6 and 7 in Township 7, |
50 | South, Range 1 West and fractional section 1, 2, 3 and |
51 | 12 in Township 7 South, Range 2 West. |
52 | Section 4. (1) The governing body of the district shall |
53 | be the Alligator Point Water Resources Board consisting of three |
54 | members, each of whom shall be the owner of the fee simple title |
55 | to real estate located in the district. |
56 | (2) Appointments to fill interim vacancies on the board |
57 | shall be for the unexpired term only. Members shall be appointed |
58 | by the Governor for terms of 4 years. |
59 | Section 5. Boards appointed by the Governor shall at their |
60 | first meeting elect from their membership a chair. No person |
61 | shall be appointed as a member of the board if such person is |
62 | not the owner of real property within the district. |
63 | Section 6. The board of the Alligator Point Water |
64 | Resources District is authorized and empowered: |
65 | (1) To purchase and/or construct, reconstruct, buy, |
66 | improve, extend, enlarge, equip, repair, maintain, and operate a |
67 | water system; to provide fresh water either within or without |
68 | the district for a distance of 5 miles, or both; to operate, |
69 | manage, and control all such systems so purchased and/or |
70 | constructed and all properties pertaining thereto; and to |
71 | furnish and supply water, sewage, and disposal services to such |
72 | district or adjoining area and any persons, firms, or |
73 | corporation, public or private, in any such area. |
74 | (2) To issue negotiable water revenue certificates of the |
75 | district, payable from revenues to be derived from the operation |
76 | of said water and/or sewer system. |
77 | (3) To levy a tax not to exceed 5 mills on all taxable |
78 | property within the district. |
79 | (4) To fix and collect rates and charges for water or |
80 | sewer furnished by said water and sewer systems and to fix and |
81 | collect charges for making connections with any water or sewer |
82 | system. |
83 | (5) To acquire in the name of the district, by purchase, |
84 | gift, or the exercise of the right of eminent domain, within and |
85 | without such lands and rights and interests therein, including |
86 | lands over and under water and riparian rights; to acquire such |
87 | personal property as it may deem necessary in connection with |
88 | the construction or operation of water and sewer systems; and to |
89 | hold and dispose of all real and personal property under its |
90 | control. |
91 | (6) To make and enter into all contracts and agreements |
92 | necessary or incidental to the performance of its duties and the |
93 | execution of its powers under this act, including a trust |
94 | agreement or trust agreements securing any bonds issued |
95 | hereunder; to employ such expert and clerical personnel as may, |
96 | in the judgment of the board, be deemed necessary; and to fix |
97 | their compensation, provided, however, that all such expenses |
98 | shall be payable solely from funds made available under the |
99 | provisions of this act. |
100 | (7) To exercise jurisdiction, control, and supervision |
101 | over any water and sewer systems owned, operated, or maintained |
102 | by it; to make and enforce such rules and regulations for the |
103 | maintenance and operation of any such system as may in its |
104 | judgment be necessary or desirable for the efficient operation |
105 | thereof; and to accomplish the purposes of this act. |
106 | (8) To enter on any lands, water, or premises located |
107 | within or without the district to make surveys, borings, |
108 | soundings, or examinations to effectuate the purposes of this |
109 | act. |
110 | (9) To construct and operate water mains, laterals, |
111 | conduits, pipelines, pumping stations, lift stations, valves, |
112 | force mains, laterals, pressure lines, mains, and all necessary |
113 | appurtenances thereto, in, along, or under any street, alleys, |
114 | highways, or other public places within or without the district. |
115 | (10) To restrain, enjoin, or otherwise prevent any |
116 | political subdivision or agency and any person or corporation, |
117 | public or private, from discharging into any navigable or |
118 | nonnavigable waters within the limits of the district any |
119 | sewage, industrial waters, or other refuse which would |
120 | contribute to the pollution of such and to restrain, enjoin, or |
121 | otherwise prevent the violation of any provision of this act or |
122 | any resolution, regulation, or rule adopted pursuant to the |
123 | powers granted by this act. |
124 | (11) Subject to such provisions and restrictions as may be |
125 | set forth in any resolution or trust agreement authorizing or |
126 | securing any bonds issued under the provisions of this act, to |
127 | enter into contracts with the government of the United States or |
128 | the state or any agency or instrumentality of either thereof, or |
129 | with any municipality, district, private corporation, |
130 | copartnership, association, or individual providing for or |
131 | relating to such water system or the purchase and sale of water |
132 | or sewer system and the disposal of sewage. |
133 | (12) To receive and accept from any authorized agency of |
134 | the Federal Government loans or grants for the planning, |
135 | construction, improvement, extension, enlargement, |
136 | reconstruction, or equipment of any water and sewer systems; to |
137 | enter into agreements with such agency respecting any such loans |
138 | or grants; and to receive and accept aid or contributions from |
139 | any source of either money, property, labor, or other things of |
140 | value, to be held, used, and applied only for the purposes for |
141 | which such loans, grants, or contributions be made. |
142 | (13) To do all acts and things necessary or convenient to |
143 | carry out the powers expressly granted in this act. |
144 | Section 7. No funds of the district shall be used for any |
145 | purpose other than those defined in section 6 and the |
146 | administration of the affairs and business of the district, or |
147 | the purpose, acquisition, construction, expansion, care, |
148 | maintenance, upkeep, and operation of a fresh water system and |
149 | sewer system in the district as the board may determine to be |
150 | for the best interest of the district and inhabitants thereof. |
151 | Section 8. All taxable property within the district shall |
152 | be subject to an ad valorem tax not to exceed 5 mills of the |
153 | assessed valuation of such property to be used to carry out the |
154 | purposes of this act. In accordance with timetables set by |
155 | Florida Statutes, each year the district board shall meet and |
156 | determine the millage necessary to provide funds to be levied |
157 | and assessed on such property to carry out the purposes of this |
158 | act; provided, however, that the millage determined by the board |
159 | shall not exceed the limitations of this section. The ad valorem |
160 | tax authorized by this section shall be levied and collected in |
161 | the same manner as taxes for county purposes are assessed and |
162 | collected in Franklin County. Taxes of the district shall be of |
163 | equal dignity with taxes for county purposes and shall become |
164 | liens and be enforced in the same manner as taxes for county |
165 | purposes. |
166 | Section 9. The board may fix and revise from time to time |
167 | rates and charges for water furnished by any water system and |
168 | for sewage disposal by any sewer system and charge and collect |
169 | the same. Any such rates and charges shall be so fixed and |
170 | revised as to provide funds, with other funds available for such |
171 | purpose, sufficient at all times: |
172 | (1) To pay the cost of maintaining, repairing, and |
173 | operating the water and sewer systems of the district, and to |
174 | provide reserves therefor and for replacements, depreciation, |
175 | and necessary extensions and enlargements. |
176 | (2) To pay the principal of and the interest on all |
177 | outstanding bonds for the payment of which such rates and |
178 | charges are pledged as the same shall become due and provide |
179 | reserves therefor. |
180 | (3) To provide a margin of safety for making such payments |
181 | and providing such reserves. Such rates and charges shall not be |
182 | subject to supervision or regulation by any commission, board, |
183 | bureau, or agency of the state or of any political subdivision |
184 | of the state. Such rates and charges shall be just and |
185 | equitable. |
186 | Section 10. The board may provide in the resolution |
187 | authorizing the issuance of bonds under this act or in any trust |
188 | agreement securing such bonds that if any water or sewer rates |
189 | shall not be paid within 30 days from the rendition of any such |
190 | bills, the district shall discontinue furnishing water to such |
191 | premises and may disconnect the same from the water system. Any |
192 | such resolution or trust agreement may include any or all of the |
193 | following provisions, and may require the board to adopt such |
194 | resolutions or to take such other lawful action as shall be |
195 | necessary to effectuate such provisions, and the board is hereby |
196 | authorized to adopt such resolutions and to take such other |
197 | action. |
198 | (1) The district may require the owner, tenant, or |
199 | occupant of each lot or parcel of land within the district who |
200 | is obligated to pay water or sewer rates to the district; to |
201 | make a reasonable deposit with the district in advance; to |
202 | ensure the payment of such rates or charges; and to be subject |
203 | to application to the payment thereof if and when delinquent. |
204 | (2) If any water or sewer rates charges payable to the |
205 | district shall not be paid within 30 days after the same shall |
206 | become due and payable, the district may at the expiration of |
207 | such 30 days period disconnect the premises from the water |
208 | system and the district may proceed to recover the amount of any |
209 | such delinquent rates or charges, with interest at the highest |
210 | legal rate, in any court having jurisdiction over claims for |
211 | money damages. |
212 | Section 11. The provisions of this act are severable, and |
213 | it is the intention to confer the whole or any part of the |
214 | powers herein provided for and if any of the provisions of this |
215 | act shall be held unconstitutional by any court of competent |
216 | jurisdiction, the decision of such court shall not affect or |
217 | impair any of the remaining provisions of this act. It is hereby |
218 | declared to be the legislative intent that this act would have |
219 | been adopted had such unconstitutional provision not been |
220 | included therein. |
221 | Section 4. This act shall be construed as a remedial act |
222 | and shall be liberally construed to promote the purpose for |
223 | which it is intended. |
224 | Section 5. Chapters 63-1350 and 85-414, Laws of Florida, |
225 | are repealed. |
226 | Section 6. In accordance with provisions of law relating |
227 | to elections currently in force, the Alligator Point Water |
228 | Resources District shall call and the Franklin County Supervisor |
229 | of Elections shall conduct a referendum no later than November |
230 | 30, 2006, of the qualified electors residing within the area |
231 | proposed to be annexed pursuant to section 7. "Qualified |
232 | elector" means a person who is a registered voter qualified to |
233 | vote in a general election held in Franklin County. The purpose |
234 | of said referendum shall be to determine whether the boundaries |
235 | of the Alligator Point Water Resources District shall be |
236 | expanded to include land that is not currently within the |
237 | district's boundaries as described in section 7, and whether |
238 | property within the annexed area shall be subject to ad valorem |
239 | taxation at a rate not to exceed 5 mills. |
240 | Section 7. Effective 15 days after approval by a majority |
241 | vote of those qualified electors residing within the area |
242 | proposed to be annexed and voting on the question in the |
243 | referendum, section 3 of the charter contained in section 3 of |
244 | this act shall be amended to read: |
245 | Section 3. There is created in Franklin County a special |
246 | taxing district to be known as Alligator Point Water Resources |
247 | District. The district shall include all that portion of |
248 | Alligator Point in said county described as follows: |
249 | Fractional sections 4, 5, 6 and 7 in Township 7, |
250 | South, Range 1 West and fractional section 1, 2, 3 and |
251 | 12 in Township 7 South, Range 2 West. |
252 |
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253 | A parcel of land in Township 6 South, Range 1 West, |
254 | Township 6 South, Range 2 West, Franklin County, |
255 | Florida, described as follows: |
256 |
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257 | All of Sections 17, 20, 21, 28, 29, 31, 32 and 33, |
258 | Township 6 South, Range 1 West; |
259 |
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260 | AND: |
261 |
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262 | That part of Sections 18 and 19, Township 6 South, |
263 | Range 1 West, Franklin County, Florida lying Easterly |
264 | of the following described line: |
265 |
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266 | For a POINT OF BEGINNING commence at the Northwest |
267 | corner of Section 30, Township 6 South, Range 1 West, |
268 | Franklin County, Florida; thence N 00°13'04" W along |