| 1 | A bill to be entitled |
| 2 | An act relating to Alligator Point Water Resources |
| 3 | District, Franklin County; codifying, amending, |
| 4 | reenacting, and repealing chapters 63-1350 and 85-414, |
| 5 | Laws of Florida; providing legislative intent; providing |
| 6 | definitions; providing that the district may provide sewer |
| 7 | and wastewater collection and disposal services; providing |
| 8 | severability; providing construction; providing for |
| 9 | annexation; requiring a referendum; providing an effective |
| 10 | date. |
| 11 |
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| 12 | Be It Enacted by the Legislature of the State of Florida: |
| 13 |
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| 14 | Section 1. Pursuant to section 189.429, Florida Statutes, |
| 15 | this act constitutes the codification of all special acts |
| 16 | relating to Alligator Point Water Resources District. It is the |
| 17 | intent of the Legislature in enacting this law to provide a |
| 18 | single, comprehensive special act charter for the district |
| 19 | including all current legislative authority granted to the |
| 20 | district by its several legislative enactments and any |
| 21 | additional authority granted by this act. |
| 22 | Section 2. Chapters 63-1350 and 85-414, Laws of Florida, |
| 23 | are amended, codified, reenacted, and repealed as herein |
| 24 | provided. |
| 25 | Section 3. The Alligator Point Water Resources District is |
| 26 | re-created and the charter for such district is re-created and |
| 27 | reenacted to read: |
| 28 | Section 1. This act shall be known as the "Alligator Point |
| 29 | Water Resources District Act." |
| 30 | Section 2. As used in this act: |
| 31 | (1) "Water system" means waterworks or water treatment |
| 32 | plant, or other operation concerning fresh water production, |
| 33 | distribution, or sale. |
| 34 | (2) "District" means the Alligator Point Water Resources |
| 35 | District of Franklin County. |
| 36 | (3) "Board" means the Alligator Point Water Resources |
| 37 | Board. |
| 38 | (4) "Sewer system" means plant, system, facility, or other |
| 39 | operation concerning collection, treatment, purification, or |
| 40 | disposal of sewage. |
| 41 | Section 3. There is created in Franklin County an |
| 42 | independent special district to be known as Alligator Point |
| 43 | Water Resources District. The district shall include all that |
| 44 | portion of Alligator Point in said county described as follows: |
| 45 | Fractional sections 4, 5, 6 and 7 in Township 7, |
| 46 | South, Range 1 West and fractional section 1, 2, 3 and |
| 47 | 12 in Township 7 South, Range 2 West. |
| 48 | Section 4. (1) The governing body of the district shall |
| 49 | be the Alligator Point Water Resources Board consisting of three |
| 50 | members, each of whom shall be the owner of the fee simple title |
| 51 | to real estate located in the district. |
| 52 | (2) Appointments to fill interim vacancies on the board |
| 53 | shall be for the unexpired term only. Members shall be appointed |
| 54 | by the Governor for terms of 4 years. |
| 55 | Section 5. Boards appointed by the Governor shall at their |
| 56 | first meeting elect from their membership a chair. No person |
| 57 | shall be appointed as a member of the board if such person is |
| 58 | not the owner of real property within the district. |
| 59 | Section 6. The board of the Alligator Point Water |
| 60 | Resources District is authorized and empowered: |
| 61 | (1) To purchase and/or construct, reconstruct, buy, |
| 62 | improve, extend, enlarge, equip, repair, maintain, and operate a |
| 63 | water system; to provide fresh water either within the area |
| 64 | described in section 3 of this act or to property located |
| 65 | outside the district's boundaries if the district enters into an |
| 66 | agreement with effected property owners, or both; to operate, |
| 67 | manage, and control all such systems so purchased and/or |
| 68 | constructed and all properties pertaining thereto; and to |
| 69 | furnish and supply water, sewage, and disposal services to such |
| 70 | district or adjoining area and any persons, firms, or |
| 71 | corporation, public or private, in any such area. |
| 72 | (2) To issue negotiable water revenue certificates of the |
| 73 | district, payable from revenues to be derived from the operation |
| 74 | of said water and/or sewer system. |
| 75 | (3) To levy a tax not to exceed 5 mills on all taxable |
| 76 | property within the district. |
| 77 | (4) To fix and collect rates and charges for water or |
| 78 | sewer furnished by said water and sewer systems and to fix and |
| 79 | collect charges for making connections with any water or sewer |
| 80 | system. |
| 81 | (5) To acquire in the name of the district, by purchase or |
| 82 | gift, within and without such lands and rights and interests |
| 83 | therein, including lands over and under water and riparian |
| 84 | rights; to acquire such personal property as it may deem |
| 85 | necessary in connection with the construction or operation of |
| 86 | water and sewer systems; and to hold and dispose of all real and |
| 87 | personal property under its control. |
| 88 | (6) To enter into contracts with private parties or |
| 89 | interlocal agreements with governmental entities for the purpose |
| 90 | of purchasing, constructing, operating, or maintaining a water |
| 91 | system or providing water services in the area described in |
| 92 | section 3 of this act or to areas outside the district's |
| 93 | boundaries. |
| 94 | (7) To exercise the right and power of eminent domain, |
| 95 | pursuant to general law, over property described in section 3, |
| 96 | except municipal, county, state, special district, or federal |
| 97 | property used for a public purpose. |
| 98 | (8) To make and enter into all contracts and agreements |
| 99 | necessary or incidental to the performance of its duties and the |
| 100 | execution of its powers under this act, including a trust |
| 101 | agreement or trust agreements securing any bonds issued |
| 102 | hereunder; to employ such expert and clerical personnel as may, |
| 103 | in the judgment of the board, be deemed necessary; and to fix |
| 104 | their compensation, provided, however, that all such expenses |
| 105 | shall be payable solely from funds made available under the |
| 106 | provisions of this act. |
| 107 | (9) To exercise jurisdiction, control, and supervision |
| 108 | over any water and sewer systems owned, operated, or maintained |
| 109 | by it; to make and enforce such rules and regulations for the |
| 110 | maintenance and operation of any such system as may in its |
| 111 | judgment be necessary or desirable for the efficient operation |
| 112 | thereof; and to accomplish the purposes of this act. |
| 113 | (10) To enter on any lands, water, or premises located |
| 114 | within the area described in section 3 or, pursuant to an |
| 115 | agreement with the property owner or interlocal agreement, land |
| 116 | located outside the district's boundaries to make surveys, |
| 117 | borings, soundings, or examinations to effectuate the purposes |
| 118 | of this act. |
| 119 | (11) To construct and operate water mains, laterals, |
| 120 | conduits, pipelines, pumping stations, lift stations, valves, |
| 121 | force mains, laterals, pressure lines, mains, and all necessary |
| 122 | appurtenances thereto, in, along, or under any street, alley, |
| 123 | highway, or other public place in the area described in section |
| 124 | 3 or any other area that is subject to an agreement between the |
| 125 | district and the entity controlling the public property. |
| 126 | (12) To restrain, enjoin, or otherwise prevent any |
| 127 | political subdivision or agency and any person or corporation, |
| 128 | public or private, from discharging into any navigable or |
| 129 | nonnavigable waters within the limits of the district any |
| 130 | sewage, industrial waters, or other refuse which would |
| 131 | contribute to the pollution of such and to restrain, enjoin, or |
| 132 | otherwise prevent the violation of any provision of this act or |
| 133 | any resolution, regulation, or rule adopted pursuant to the |
| 134 | powers granted by this act. |
| 135 | (13) Subject to such provisions and restrictions as may be |
| 136 | set forth in any resolution or trust agreement authorizing or |
| 137 | securing any bonds issued under the provisions of this act, to |
| 138 | enter into contracts with the government of the United States or |
| 139 | the state or any agency or instrumentality of either thereof, or |
| 140 | with any municipality, district, private corporation, |
| 141 | copartnership, association, or individual providing for or |
| 142 | relating to such water system or the purchase and sale of water |
| 143 | or sewer system and the disposal of sewage. |
| 144 | (14) To receive and accept from any authorized agency of |
| 145 | the Federal Government loans or grants for the planning, |
| 146 | construction, improvement, extension, enlargement, |
| 147 | reconstruction, or equipment of any water and sewer systems; to |
| 148 | enter into agreements with such agency respecting any such loans |
| 149 | or grants; and to receive and accept aid or contributions from |
| 150 | any source of either money, property, labor, or other things of |
| 151 | value, to be held, used, and applied only for the purposes for |
| 152 | which such loans, grants, or contributions be made. |
| 153 | (15) To do all acts and things necessary or convenient to |
| 154 | carry out the powers expressly granted in this act. |
| 155 | Section 7. No funds of the district shall be used for any |
| 156 | purpose other than those defined in section 6 and the |
| 157 | administration of the affairs and business of the district, or |
| 158 | the purpose, acquisition, construction, expansion, care, |
| 159 | maintenance, upkeep, and operation of a fresh water system and |
| 160 | sewer system in the district as the board may determine to be |
| 161 | for the best interest of the district and inhabitants thereof. |
| 162 | Section 8. All taxable property within the district shall |
| 163 | be subject to an ad valorem tax not to exceed 5 mills of the |
| 164 | assessed valuation of such property to be used to carry out the |
| 165 | purposes of this act. In accordance with timetables set by |
| 166 | Florida Statutes, each year the district board shall meet and |
| 167 | determine the millage necessary to provide funds to be levied |
| 168 | and assessed on such property to carry out the purposes of this |
| 169 | act; provided, however, that the millage determined by the board |
| 170 | shall not exceed the limitations of this section. The ad valorem |
| 171 | tax authorized by this section shall be levied and collected in |
| 172 | the same manner as taxes for county purposes are assessed and |
| 173 | collected in Franklin County. Taxes of the district shall be of |
| 174 | equal dignity with taxes for county purposes and shall become |
| 175 | liens and be enforced in the same manner as taxes for county |
| 176 | purposes. |
| 177 | Section 9. The board may fix and revise from time to time |
| 178 | rates and charges for water furnished by any water system and |
| 179 | for sewage disposal by any sewer system and charge and collect |
| 180 | the same. Any such rates and charges shall be so fixed and |
| 181 | revised as to provide funds, with other funds available for such |
| 182 | purpose, sufficient at all times: |
| 183 | (1) To pay the cost of maintaining, repairing, and |
| 184 | operating the water and sewer systems of the district, and to |
| 185 | provide reserves therefor and for replacements, depreciation, |
| 186 | and necessary extensions and enlargements. |
| 187 | (2) To pay the principal of and the interest on all |
| 188 | outstanding bonds for the payment of which such rates and |
| 189 | charges are pledged as the same shall become due and provide |
| 190 | reserves therefor. |
| 191 | (3) To provide a margin of safety for making such payments |
| 192 | and providing such reserves. Such rates and charges shall not be |
| 193 | subject to supervision or regulation by any commission, board, |
| 194 | bureau, or agency of the state or of any political subdivision |
| 195 | of the state. Such rates and charges shall be just and |
| 196 | equitable. |
| 197 | Section 10. The board may provide in the resolution |
| 198 | authorizing the issuance of bonds under this act or in any trust |
| 199 | agreement securing such bonds that if any water or sewer rates |
| 200 | shall not be paid within 30 days from the rendition of any such |
| 201 | bills, the district shall discontinue furnishing water to such |
| 202 | premises and may disconnect the same from the water system. Any |
| 203 | such resolution or trust agreement may include any or all of the |
| 204 | following provisions, and may require the board to adopt such |
| 205 | resolutions or to take such other lawful action as shall be |
| 206 | necessary to effectuate such provisions, and the board is hereby |
| 207 | authorized to adopt such resolutions and to take such other |
| 208 | action. |
| 209 | (1) The district may require the owner, tenant, or |
| 210 | occupant of each lot or parcel of land within the district who |
| 211 | is obligated to pay water or sewer rates to the district; to |
| 212 | make a reasonable deposit with the district in advance; to |
| 213 | ensure the payment of such rates or charges; and to be subject |
| 214 | to application to the payment thereof if and when delinquent. |
| 215 | (2) If any water or sewer rates charges payable to the |
| 216 | district shall not be paid within 30 days after the same shall |
| 217 | become due and payable, the district may at the expiration of |
| 218 | such 30 days period disconnect the premises from the water |
| 219 | system and the district may proceed to recover the amount of any |
| 220 | such delinquent rates or charges, with interest at the highest |
| 221 | legal rate, in any court having jurisdiction over claims for |
| 222 | money damages. |
| 223 | Section 11. The provisions of this act are severable, and |
| 224 | it is the intention to confer the whole or any part of the |
| 225 | powers herein provided for and if any of the provisions of this |
| 226 | act shall be held unconstitutional by any court of competent |
| 227 | jurisdiction, the decision of such court shall not affect or |
| 228 | impair any of the remaining provisions of this act. It is hereby |
| 229 | declared to be the legislative intent that this act would have |
| 230 | been adopted had such unconstitutional provision not been |
| 231 | included therein. |
| 232 | Section 4. This act shall be construed as a remedial act |
| 233 | and shall be liberally construed to promote the purpose for |
| 234 | which it is intended. |
| 235 | Section 5. Chapters 63-1350 and 85-414, Laws of Florida, |
| 236 | are repealed. |
| 237 | Section 6. In accordance with provisions of law relating |
| 238 | to elections currently in force, the Alligator Point Water |
| 239 | Resources District shall call and the Franklin County Supervisor |
| 240 | of Elections shall conduct a referendum no later than November |
| 241 | 30, 2006, of the qualified electors residing within the area |
| 242 | proposed to be annexed pursuant to section 7. "Qualified |
| 243 | elector" means a person who is a registered voter qualified to |
| 244 | vote in a general election held in Franklin County. The purpose |
| 245 | of said referendum shall be to determine whether the boundaries |
| 246 | of the Alligator Point Water Resources District shall be |
| 247 | expanded to include land that is not currently within the |
| 248 | district's boundaries as described in section 7, and whether |
| 249 | property within the annexed area shall be subject to ad valorem |
| 250 | taxation at a rate not to exceed 5 mills. |
| 251 | Section 7. Effective 15 days after approval by a majority |
| 252 | vote of those qualified electors residing within the area |
| 253 | proposed to be annexed and voting on the question in the |
| 254 | referendum, section 3 of the charter contained in section 3 of |
| 255 | this act shall be amended to read: |
| 256 | Section 3. There is created in Franklin County a special |
| 257 | taxing district to be known as Alligator Point Water Resources |
| 258 | District. The district shall include all that portion of |
| 259 | Alligator Point in said county described as follows: |
| 260 | Fractional sections 4, 5, 6 and 7 in Township 7, |
| 261 | South, Range 1 West and fractional section 1, 2, 3 and |
| 262 | 12 in Township 7 South, Range 2 West. |
| 263 |
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| 264 | A parcel of land in Township 6 South, Range 1 West, |
| 265 | Township 6 South, Range 2 West, Franklin County, |
| 266 | Florida, described as follows: |
| 267 |
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| 268 | All of Sections 17, 20, 21, 28, 29, 31, 32 and 33, |
| 269 | Township 6 South, Range 1 West; |
| 270 |
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| 271 | AND: |
| 272 |
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| 273 | That part of Sections 18 and 19, Township 6 South, |
| 274 | Range 1 West, Franklin County, Florida lying Easterly |
| 275 | of the following described line: |
| 276 |
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| 277 | For a POINT OF BEGINNING commence at the Northwest |
| 278 | corner of Section 30, Township 6 South, Range 1 West, |
| 279 | Franklin County, Florida; thence N 00°13'04" W along |