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

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