HB 1077

1	A bill to be entitled
2	An act relating to the City of Key West, Monroe County;
3	amending chapter 69-1191, Laws of Florida; changing the
4	name of the City Electric System to "Keys Energy
5	Services"; revising the term for the board member
6	representing group I; providing for selection of the
7	chairperson; revising requirements and the time allowed
8	for the filling of a vacancy; providing that the board
9	does not need certain approval for the issuing of bonds;
10	removing certain residency requirements for senior citizen
11	and disabled veteran discounts; removing a surety
12	requirement for contractors improving or repairing the
13	electric system; providing that the board may accept the
14	lowest cost or best bid for construction projects;
15	providing that terms of a renewed or extended contract
16	must be satisfactory to the board; providing that a
17	contract or extended or renewed contract must be executed
18	within 24 months prior to the proposed purchase of
19	commodities or services by the board; providing for
20	surplus property; providing for disposition of assets of
21	the utility; providing that the board shall adopt
22	resolutions setting certain reimbursements; providing an
23	effective date.
24
25	Be It Enacted by the Legislature of the State of Florida:
26
27	Section 1.  Sections 1, 2, 3, 6, 11, 13, 15, 16, 19, and 20
28	of chapter 69-1191, Laws of Florida, as amended, are amended to
29	read:
30	Section 1.  There is hereby created the Utility Board of
31	the City of Key West, Florida, to be composed of five (5)
32	members as particularly hereinafter set forth. Such Utility
33	Board created by this act shall be and is hereby made the
34	successor to the Utility board of the City of Key West, Florida,
35	heretofore created and existing by and under the provisions of
36	chapter 65-1770, Laws of Florida, Acts of the Legislature Year
37	1965, and acts amendatory thereto. The full, complete and
38	exclusive power and right to manage, operate, maintain, control,
39	extend, and extend beyond the limits of the City of Key West,
40	Florida, in improve, finance and re-finance the electric public
41	utility now owned by the City of Key West, Florida, and the
42	nonexclusive right to build, construct, operate and acquire
43	other public utilities, by purchase, gift, grant, lease, rental
44	or otherwise, from time to time, from the United States
45	Government, its departments, agencies, bureaus and commissions,
46	and from the State of Florida and any of its political
47	subdivisions, and corporations which are publicly or privately
48	owned or operated, and by the right of eminent domain, shall be
49	carried on by such Utility Board composed of five (5) members,
50	all of whom shall be elected by the qualified electors of the
51	City of Key West, Florida, at large, as hereinafter set forth.
52	Furthermore, said Utility Board shall have the power and right
53	to sell at retail or wholesale certain tangible personal
54	property related to its utility services, including, but not
55	limited to, generators, protection and conservation equipment,
56	and appliances. The term "public utility," as used herein, shall
57	include, but not be limited to, cable and telecommunication
58	facilities. Nothing herein shall grant the right of eminent
59	domain as to cable or telecommunication facilities. The name of
60	the Utility Board shall be "Utility Board of the City of Key
61	West, Florida," and said Board shall function and operate as
62	hereinafter provided. Said Utility Board shall have the right to
63	sue and be sued, may adopt and use a seal and change it at
64	pleasure, and may use in the conduct of its business the trade
65	name of "Keys Energy Services," "City Electric System," the use
66	of which heretofore by its predecessor board is approved,
67	confirmed and validated; further, said Utility Board may change
68	such trade name and from time to time adopt such trade names as
69	it deems expedient and proper in the conduct of its business,
70	operations and activities.
71	Section 2.  The first election for the nomination or
72	election of candidates for members of the Utility Board of said
73	city shall be held no earlier than forty-five (45) days and no
74	later than sixty (60) days from the date this act shall become
75	law and on the first Tuesday in November biannually thereafter,
76	commencing with the election of 1971 and shall be held
77	concurrent with the election for the office of City Commission
78	of the City of Key West, Florida. Such elections shall be non-
79	partisan elections and every person voting in said election
80	shall be entitled to vote for as many candidates for the utility
81	board as there are members to be elected to said board. The name
82	of any qualified elector of the City of Key West who meets the
83	qualifications for chairman and member of said utility board, as
84	set forth in this act, may appear upon the election ballot as a
85	candidate for the office of chairman/member or member of the
86	utility board, upon said elector paying to the City of Key West,
87	Florida, the sum of one hundred dollars ($100.00) and said sum
88	shall be deposited with the City Clerk of said city at his
89	office not later than 5:00 p.m. on the date set for the closing
90	of qualification by the election officials, for the first
91	election under the provisions of this act, and thereafter the
92	second Tuesday in October of the year in which subsequent
93	elections under this act are to be held. A qualifying fee for
94	such candidate for such office, and said elector shall submit to
95	the said city clerk concurrently therewith the sworn statement
96	of his or her name, address, occupation, willingness to serve if
97	elected and shall indicate on such sworn statement his or her
98	desire for his or her name to appear on the ballot as a
99	candidate for such office. Provided, however, that any person
100	who holds an elective office in the government of the City of
101	Key West, Florida, County of Monroe, the State of Florida, or
102	any political agency, board or commission is compensated by
103	wages, salaries or otherwise shall not be eligible to serve
104	concurrently as a member of the board created by this act. Only
105	the name or names of candidates complying with this section
106	shall appear on the ballot as a candidate for nomination or
107	election. No candidate having qualified and thereafter
108	withdrawing or becoming disqualified under the provisions of
109	this act shall be entitled to a refund of the aforesaid
110	qualifying fee paid.
111	Section 3.  The utility board shall consist of five (5)
112	members who shall be elected from the city at large in groups
113	numbered I, II, III, IV, and V. One (1) of said members shall be
114	the chairman and shall be elected by the people from the group
115	to be numbered I. And all persons desiring to qualify as
116	candidates for chairman shall file in group numbered I. All
117	persons desiring to qualify for members shall file in groups
118	numbered I, II, III, IV or V. The member in group number I shall
119	be elected in the regular municipal general election commencing
120	in 2007 and at each general election every four (4) years
121	thereafter. Members in groups numbered II and III shall be
122	elected in the special general election in 1969 as provided for
123	herein at each regular municipal general election each four (4)
124	years thereafter, commencing in 1973 and at each general
125	election each (4) years thereafter. Members in groups numbered
126	IV and V shall be elected at the special general election
127	provided for herein in 1969 and at the regular municipal general
128	election to be held in 1971 for a term of four (4) years and at
129	each general election thereafter for a term of four (4) years.
130	The member elected as chairman shall be elected at the special
131	general election in 1969, as provided for herein, and shall hold
132	office until the regular general municipal election in 1971 to
133	hold office for two (2) years and shall be elected at the
134	general election in 1971 and every general municipal election
135	thereafter. The member elected as chairman and All members shall
136	to hold office until their successors are elected and qualified
137	from 12:00 noon of the day after the canvas of the vote and the
138	declaration of the results of the election. The chairman and All
139	members shall be subject to removal for good and sufficient
140	cause by a four-fifths (4/5) vote of the city commission. If a
141	candidate for chairman or member receives a majority of votes in
142	the primary election in the candidate's his group, the candidate
143	he shall be considered elected upon and after the canvas of the
144	vote and the declaration of the result of the election as
145	hereinafter provided. If there is be no majority, two (2)
146	candidates for nomination to the office of chairman or member
147	who receives the greatest vote in the primary election each
148	group shall be placed on the ballot at the next regular or
149	special municipal general election following the primary as
150	provided in the city charter of the City of Key West, Florida.
151	The candidate for nomination receiving the greater vote in the
152	regular or special municipal general election following the
153	primary election if otherwise qualified shall be elected to
154	office from the group in which candidate he is qualified. One
155	(1) of said members shall serve as Chairperson of the Utility
156	Board. The Chairperson shall be selected from the five (5)
157	members by the five (5) members during an organizational meeting
158	in December immediately following an election and serve as such
159	until the next organizational meeting following an election. A
160	member may serve as Chairperson for consecutive terms.
161	Section 6.  (1)  The office of members of the Utility Board
162	shall become vacant upon his or her death, resignation, removal
163	from office in any manner authorized by law, or forfeiture of
164	his office, or as otherwise provided herein.
165	(2)  A member of the Utility Board shall forfeit his office
166	if he (1) lacks at any time during his term of office any
167	qualification for the office prescribed by law; (2) violates any
168	express prohibition of this law; (3) is convicted of a crime
169	involving moral turpitude; or (4) fails to attend three (3)
170	consecutive regular meeting of the Utility Board without being
171	excused by the board.
172	(3)  A vacancy in the board shall be filled for the
173	remainder of the unexpired term, if any, at the next regular
174	election, but a quorum of the remaining members of said board
175	shall by majority vote appoint a qualified person to fill the
176	vacancy until the person elected to serve the remainder of the
177	unexpired term takes office. If the board fails to do so within
178	sixty thirty days following the occurrence of the vacancy, the
179	City Commission of the City of Key West, Florida shall appoint a
180	member to fill the said vacancy for the unexpired term.
181	Notwithstanding the requirement that a quorum of the board
182	consists of three (3) members, if at any time the membership of
183	the board is reduced to less than three (3), the City Commission
184	of said city shall fill the vacancies for the unexpired term.
185	(4)  The City Commission of the City of Key West, Florida
186	shall be the judge of the election and qualification of the
187	members of the Utility Board and of the grounds for forfeiture
188	of their office and for that purpose shall have power to
189	subpoena witnesses, take testimony and require the production of
190	records. A member charged with conduct constituting grounds for
191	forfeiture of his office shall be entitled to a public hearing
192	on demand; and notice of such hearing shall be published in one
193	(1) or more newspapers of general circulation in said city at
194	least one (1) week in advance of the hearing. Removal from said
195	office should be by a four-fifths (4/5) vote of the City
196	Commission. Decisions made by the City Commission of the City of
197	Key West, Florida under this section shall be subject to review
198	by the courts.
199	Section 11.  (1)  POWERS OF THE BOARD.--The Utility Board
200	of the City of Key West, Florida shall have the full, complete
201	and exclusive power and right to manage, operate, maintain,
202	control, extend, extend beyond the limits of the City of Key
203	West, Florida, in Monroe County, Florida, the electric public
204	utility owned by said city, including the maintenance,
205	operation, extension and improvement thereof, and including all
206	lines, poles, wires, pipes, mains and all additions to and
207	extensions of the same, and all buildings, stations, sub-
208	stations, machinery, appliances, land and property, real,
209	personal and mixed, used or intended for use in or in connection
210	with said electric public utility, and the Utility Board shall
211	have all of the powers in connection with such other public
212	utilities hereafter constructed or acquired by said board that
213	are granted by this act to said board with respect to the
214	electric public utility now owned by said city. The Board shall
215	have the power and right to extend its utilities services beyond
216	the limits of Monroe County, Florida. As it relates to the
217	extension of services of the electric public utility, the power
218	to extend services beyond the limits of Monroe County, Florida,
219	shall become effective only if the Legislature enacts
220	legislation permitting any person other than the Utility Board
221	to sell electric energy to customers of the Utility Board. The
222	said Utility Board shall have exclusive power and authority to
223	determine what improvements shall be made to all such public
224	utilities.
225	(2)  BUDGETS.--The said Utility Board shall adopt annual
226	budgets and amend the same from time to time, but in so doing
227	shall conform to the requirements, if any, of any existing
228	ordinance or resolution authorizing the issuance of revenue
229	bonds now outstanding or hereafter issued against the income of
230	the said Utility Board.
231	(3)  REVENUE BONDS AND OTHER FINANCING MATTERS.--Revenue
232	bonds may be issued by said Utility Board for the purpose of
233	refunding outstanding revenue bonds as well as for any other
234	purposes which the Utility Board of said city deems proper in
235	the management, operation, maintenance, control, improvement,
236	extension, betterment, financing and refinancing of the electric
237	public utility owned by The City of Key West, Florida as well as
238	for purposes of acquisition, purchase, building and construction
239	and operation of additional public utilities which are deemed
240	proper by said Utility Board, and revenue bonds may also be
241	issued by said board against the income of any additional public
242	utilities so acquired , and the granting of such authority to
243	the Utility Board of the City of Key West, Florida, to issue
244	revenue bonds against income of the electric public utility
245	owned by said city, or against the income of any additional
246	public utilities hereafter acquired by said Utility Board, is
247	exclusive to said board, and the governing body of said city
248	shall not have the right to issue any such bonds or otherwise
249	incur any indebtedness or obligations whereby the income of said
250	public utilities owned by the Utility Board of the City of Key
251	West, or the income of any additional public utilities,
252	hereafter acquired by said Utility Board, becomes charged for
253	the payment thereof. The maturity dates and rate of interest of
254	any bonds issued hereunder shall be determined and fixed by the
255	Utility Board of the City of Key West, Florida and said board
256	shall have the exclusive right to sell said bonds at prices to
257	be determined by said board. The Utility Board of the City of
258	Key West, Florida is authorized and empowered to adopt such
259	resolutions as may be necessary or advisable in connection with
260	the authorization, execution, sale, and delivery of the revenue
261	bonds authorized hereunder. Prior to the validation and issuance
262	of any bonds authorized hereunder, said board shall obtain the
263	approval of the City Commission of the City of Key West,
264	Florida, by appropriate ordinance. The Utility Board shall
265	further have the power to issue commercial paper notes and
266	variable rate bonds to enter into interest rate swap
267	transactions as determined from time to time to be in the best
268	interests of the ratepayers of the electric public utility of
269	the City. Bonds and refunding bonds issued pursuant to this act
270	may be sold at competitive or negotiated sale, provided any
271	negotiated sale shall comply with section 218.385, Florida
272	Statutes.
273	(4)  CONTRACTUAL RIGHTS.--Said Utility Board shall have the
274	exclusive right and power to buy, purchase, contract for
275	exchange, lease and convey by deed or such other lawful means as
276	permitted by the laws of Florida, whether special, local or
277	general, without the consent or approval of the City Commission
278	or other governing body of the City of Key West, Florida, or its
279	municipal successor, from time to time, any of the property,
280	real, personal or mixed, specified or referred to herein before
281	in this act, for such price or prices and on such terms,
282	provisions and under such conditions as herein set forth at the
283	time or times it determines that such property, real, personal
284	or mixed, is excess to the needs of the electric public utility,
285	or such other public utilities the Utility Board acquires. Said
286	board shall have the full and complete power and exclusive
287	authority to accept gifts, contributions, contributions in aid
288	of construction, properties, whether real, personal or mixed,
289	from the United States Government or any of its departments,
290	bureaus, commissions or agencies, and the said full and complete
291	power and exclusive authority herein before provided shall also
292	apply to the acceptance of gifts, contributions, contributions
293	in aid from the State of Florida, or any of its political
294	subdivisions, departments bureaus, commissions, or agencies,
295	corporations, publicly or privately owned or operated, private
296	persons and individuals. The Utility Board created by this act
297	shall have the full and complete power and exclusive authority
298	to contract with the United States Government, or any of its
299	departments, bureaus, commissions or agencies, other public
300	utilities, the State of Florida, or any of its political
301	subdivisions, departments, bureaus commissions or agencies,
302	corporations, either publicly or privately owned and operated,
303	private persons or individuals, for the acquisition, purchase
304	and operation of other public utilities and said Utility Board
305	may determine in its judgment, and to purchase, contract for the
306	sale, lease or exchange of any products and services, material,
307	and commodities, by-products and water, steam or heat from all
308	or any of its activities or operations. The said Utility Board
309	shall have full and complete power and exclusive authority to
310	fix rates and charges for electricity and charges or prices for
311	any other real and personal property, products and services,
312	materials and commodities, by-products of and from all or any of
313	its activities or operations, furnished or sold by said Utility
314	Board, and to provide for the collection of the same.
315	(5)  SENIOR CITIZEN AND DISABLED VETERAN DISCOUNT.--The
316	Utility Board shall grant a special lower rate and charge for
317	electricity on the residential account of any personal who meets
318	low income standards adopted by the Utility Board, who has been
319	is a permanent resident of the geographical service area covered
320	by the Utility Board in furnishing electricity in Monroe County,
321	Florida for three (3) consecutive years prior to requesting such
322	special lower rate or charge and who is sixty-two (62) years of
323	age or older or a totally and permanently disabled American
324	veteran. As used in this section "residential account" means an
325	account for a person residing in a house, mobile home,
326	condominium, apartment, or other housing unit. Submission of an
327	affidavit that the applicant claiming the special lower rate and
328	charge under this section is has been a permanent resident of
329	the geographical service area heretofore mentioned for three (3)
330	years immediately preceding the date of application, and who is
331	sixty-two (62) years of age or older or a totally and
332	permanently disabled American veteran, shall be prima facie
333	proof of such residence, disability, and age. The affidavit
334	shall include the annual income of the applicant.
335	(6)  ACCOUNTING MATTERS.--All bills for electricity and
336	electric service and for the furnishing and sale of the products
337	and services, materials and commodities, by-products and water,
338	steam or heat and by-products of and from all or any activities
339	or operations shall be collected and accounted for by said
340	Utility Board, and all disbursements in connection with the
341	foregoing, shall be ordered paid out only upon approval of said
342	board; or pursuant to policies adopted by said board or pursuant
343	to policies established by resolution adopted by the Utility
344	board.; and
345	(7)  EMINENT DOMAIN.--Said board acting by, for, and in the
346	name of the City of Key West, Florida, a municipal corporation,
347	and any municipal successor thereto, existing under the laws of
348	Florida, shall have the vested right which are herein conferred
349	of eminent domain, for the purpose of acquiring lands and
350	rights-of-way necessary and expedient for the location,
351	establishment, construction, maintenance and operation of the
352	works and projects authorized in this act, and for the
353	acquisition and construction of any and all kinds and classes of
354	real, personal or mixed property, tangible or intangible,
355	whatsoever, which shall be deemed necessary, convenient or
356	appropriate to accomplish the purposes and objects authorized by
357	this act, provided, however said Utility Board shall at all
358	times be governed by and conform to the provisions of any
359	proceeding authorizing and providing for the issuance of bonds,
360	or other obligations of said city, which by their terms are
361	secured by or payable from the revenues of the electric public
362	utility, or the revenues of any of the additional public
363	utilities acquired by said Utility Board.
364	(8)  ADVERTISING.--The Utility Board is hereby authorized
365	to purchase advertising including, but not limited to,
366	advertising from recognized, established advertising media, such
367	as newspapers, radio and television, as a proper expenditure of
368	the system. The Utility Board may make expenditures that are
369	reasonable and necessary for advertising the Board's utility
370	systems including advertising events and programs which are
371	sponsored by the Utility Board or in which the Utility Board
372	participates. Furthermore, nothing in this paragraph shall be
373	construed to prevent the Utility Board from sponsoring
374	charitable events or events which would benefit the Utility
375	Board or its utility system or systems.
376	Section 13.  (1)  CONSTRUCTION PROJECTS.--All construction,
377	reconstruction, repairs or work of any nature made by the
378	Utility Board, where the entire costs, value, or amount of such
379	construction, reconstruction, repairs or work, including the
380	labor and materials, shall exceed the amount as established by
381	resolution adopted by the Utility Board, except construction,
382	reconstruction, repairs, or work done by employees of the
383	Utility Board or by labor supplied under agreement with the
384	federal government or state government, with supplies and
385	materials purchased hereinafter provided, shall be done only
386	under contract or contracts to be entered into by the Utility
387	Board with the lowest cost or best responsible bidder upon
388	proper terms, after due public notice has been given asking for
389	competitive bids as hereinafter provided. No contract shall be
390	entered into for construction or improvement or repair of the
391	electric system, or any part thereof, unless the contractor
392	shall have given an undertaking with a sufficient surety or
393	sureties, approved by the Utility Board, and in an amount fixed
394	by said board, for the faithful performance of the contract. All
395	such contracts shall provide among other things that the person
396	or corporation entering into such contract with the Utility
397	Board will pay for all materials furnished and services rendered
398	for the performance of the contract, and that any person or
399	corporation furnishing such materials or rendering such services
400	may maintain an action to recover for the same against the
401	obligor in the undertaking, as though such person or corporation
402	were named therein, provided the action is brought within on (1)
403	year after the time the cause of action accrues.
404	(2)  POWER OF AUTHORITY.--Nothing in this section shall be
405	construed to limit the power of authority to construct, repair
406	or improve the utility electric system, or any part thereof, or
407	any addition, betterment or extension thereto, directly by the
408	officers, agents an employees of the Utility Board, or otherwise
409	than by contract.
410	(3)  ALL OTHER PURCHASES, EXCLUDING CONSTRUCTION
411	PROJECTS.--All supplies, equipment, machinery and materials
412	costing more than the amount as established by resolution
413	adopted by the Utility Board shall be purchased only after
414	advertisement as provided hereinafter. The Utility Board shall
415	accept the lowest cost or best bid or bids, kind, quality and
416	material being equal, but said Board shall have the right to
417	reject any or all bid or select a single item from any bid. The
418	provision as to bidding shall not apply to the purchase of
419	patented and manufactured products offered for sale in a
420	noncompetitive market or solely by a manufacturer's authorized
421	dealer.
422	(4)  ADVERTISING.--The term "advertisement" or "due public
423	notice" wherever used in this section shall mean a notice
424	published at least once a week for two (2) consecutive weeks
425	before the opening award of any sealed bid contract, in a daily
426	newspaper published and having a general circulation in the City
427	of Key West, Florida, and in such other newspapers or
428	publications as the Utility Board shall deem advisable.
429	(5)  CONFLICT OF INTEREST.--No member of the Utility Board
430	or officer or employee thereof shall either directly or
431	indirectly be a party to, or be in any manner interested in, any
432	contract or agreement with the Utility Board for any matter,
433	cause or thing whatsoever in which such member shall have a
434	financial interest or by reason whereof any liability or
435	indebtedness shall in any way be created against such board. If
436	any contract or agreement shall be made in violation of the
437	provisions of this section, the same shall be null and void, and
438	no action shall be maintained thereon against the Utility Board.
439	(6)  OTHER PROVISIONS.--Subject to the aforesaid
440	provisions, the Utility Board may (but without intending by this
441	provision to limit any powers of said board enter into and carry
442	out such contract, or establish or comply with such rules and
443	regulations concerning labor and materials and other related
444	matters in connection with any construction project, or portion
445	thereof, as the Utility Board may deem desirable; provided that
446	the provisions of this section shall not apply to any contract
447	or agreement between the Utility Board and any engineers,
448	architects, attorneys, or for other professional services, or to
449	any contract or agreement relating to fiscal advisors, fiscal
450	agents, or investment bankers, relating to the financing of
451	project herein authorized.
452	(7)  EMERGENCY PURCHASES.--Notwithstanding the aforesaid
453	provisions, the Utility board may, in its reasonable discretion,
454	authorize and permit such expenditures of funds as necessary for
455	making emergency purchases or may delegate such authority to
456	such employees and offers of the utility system or systems.
457	(8)  FUEL AND POWER PURCHASES.--Nothing in this section
458	shall apply to the purchase of fuel products or produced power
459	on a single-lot basis when such fuel or power is offered for
460	sale to the Utility Board at a below advertised price basis.
461	(9)  LOCAL, STATE, AND FEDERAL CONTRACTS.--All purchases of
462	commodities or contractual services under the provisions of
463	local, state, and federal purchasing contracts shall be exempt
464	from the competitive procurement requirements, provided that the
465	following criteria are all satisfied:
466	(a)(1)  The terms and conditions of the original contract
467	or approved renewal or extension by the federal, state or local
468	government or electric cooperative are satisfactory to the
469	Utility Board and such terms and conditions are expressly
470	extended to other municipalities pursuant to the bid documents.
471	(b)(2)  The original contract or approved renewal or
472	extension by the federal, state, or local government or electric
473	cooperative are executed within twenty-four (24) twelve (12)
474	months prior to the proposed purchase of commodities or services
475	by the Utility Board.
476	(c)(3)  The purchasing agent has performed an informal
477	solicitation to determine if the prices of the original contract
478	are fair and reasonable, and to assure local vendors have an
479	opportunity to compete.
480	(d)(4)  The Utility Board authorizes such procurement when
481	the cost of the commodities (materials) or contractual services
482	(labor and materials) exceeds the amounts as established by
483	resolution adopted by the Utility Board.
484	Section 15.  (1)  The Utility Board created by this act is
485	hereby authorized and empowered to create, establish, provide
486	for and adopt, maintain, operate and regulate a civil service
487	system and plan for the security of the employees of said board,
488	and may amend and change such system and plan from time to time.
489	Further, said Utility Board is empowered to adopt rules and
490	regulations for the government and operation of said civil
491	service system and plan, and to delegate authority for the
492	handling and management of said system and plan to designated
493	officials or employees of said board, or a special committee or
494	a civil service board created by said Utility Board for such
495	purposes. Further, said Utility Board is authorized and
496	empowered to appropriate out of its available funds any money
497	necessary or expedient to carry out the provisions and purposes
498	of this act that maybe be lawfully used for such purposes.
499	(2)  The employees of the City Electric System of the City
500	of Key West, Florida may require the Utility Board to establish
501	a civil service board for them by an affirmative vote of the
502	majority of the employees cast in a secret election to be held
503	under the rules prescribed by the board. Said election shall be
504	held within (30) days of the presentation of a petition
505	containing the signatures of no less than ten per centum (10%)
506	of the employees of al classes of said system requesting such an
507	election.
508	Section 16.  The Utility Board of the City of Key West,
509	Florida shall have discretion to classify as surplus any of its
510	property that is obsolete or that which is uneconomical or
511	inefficient, or which serves no useful function. All such items
512	valued more than the amount as established by resolution adopted
513	by the Utility Board shall be offered as Within a reasonable
514	exercise of its discretion and having consideration for the best
515	interest of the Utility Board, the value and condition of such
516	properties classified surplus, and the probability of such
517	properties being desired by the prescribed bidder to whom
518	offered, the Utility Board first shall offer such surplus
519	property to other governmental units within, first in the City
520	of Key West, Florida, then in the County of Monroe and to the
521	general public with an effective means of notification. The
522	notification. If no accepted bid is received within a reasonable
523	time, they shall then offer such properties for sale by
524	advertising for bids in a newspaper of general circulation once
525	each week for no less than two (2) weeks. Such call for bids
526	shall disclose the value and condition of the properties when
527	known. The cost of transferring such properties offered for sale
528	shall be made by the bidder making the successful bid should
529	make the cost of transferring such properties offered for sale.
530	Provided, however, that Any such properties as would serve no
531	useful function and for which no bids have been received, may be
532	disposed of by donation, destruction or abandonment. All actions
533	taken in regard to the disposal of such properties shall be
534	recorded in the minutes of the Utility Board of the City of Key
535	West, Florida.
536	Section 19.  Members of said Utility Board, and agents and
537	employees of said board traveling on official business should be
538	reimbursed for travel and expenses in accordance with
539	resolutions adopted by the Utility Board Chapter 112, Florida
540	Statures 1967 and any amendments thereto.
541	Section 20.  Purchase of all lands deemed necessary by the
542	Utility Board of the City of Key West, Florida shall be made
543	subject to the following conditions:
544	(1)  Such purchases shall be made only upon recommendation
545	of the engineers of record of said board who shall advise the
546	board that the acquisition of such lands is necessary for the
547	expansion of the system.
548	(2)  The Utility Board shall obtain appraisals from at
549	least three (3) licensed and certified appraisers in the State
550	of Florida request the board of realtors of Monroe County,
551	Florida to provide them with the names of three (3) licensed
552	appraisers.
553	(3)  Said appraisers shall be retained by said Utility
554	Board under approval of the consulting engineers.
555	(2)(4)  Said Utility Board shall pay no more than the
556	highest agreed upon appraisal furnished by the aforesaid
557	appraisers.
558	Section 2.  This act shall take effect upon becoming a law.

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