Senate Bill sb2934

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    Florida Senate - 2007        (NP)                      SB 2934

    By Senator Bullard





    39-1813-07                                         See HB 1077

  1                      A bill to be entitled

  2         An act relating to the City of Key West, Monroe

  3         County; amending chapter 69-1191, Laws of

  4         Florida; changing the name of the City Electric

  5         System to "Keys Energy Services"; revising the

  6         term for the board member representing group I;

  7         providing for selection of the chairperson;

  8         revising requirements and the time allowed for

  9         the filling of a vacancy; providing that the

10         board does not need certain approval for the

11         issuing of bonds; removing certain residency

12         requirements for senior citizen and disabled

13         veteran discounts; removing a surety

14         requirement for contractors improving or

15         repairing the electric system; providing that

16         the board may accept the lowest cost or best

17         bid for construction projects; providing that

18         terms of a renewed or extended contract must be

19         satisfactory to the board; providing that a

20         contract or extended or renewed contract must

21         be executed within 24 months prior to the

22         proposed purchase of commodities or services by

23         the board; providing for surplus property;

24         providing for disposition of assets of the

25         utility; providing that the board shall adopt

26         resolutions setting certain reimbursements;

27         providing an effective date.

28  

29  Be It Enacted by the Legislature of the State of Florida:

30  

31  

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    Florida Senate - 2007        (NP)                      SB 2934
    39-1813-07                                         See HB 1077




 1         Section 1.  Sections 1, 2, 3, 6, 11, 13, 15, 16, 19,

 2  and 20 of chapter 69-1191, Laws of Florida, as amended, are

 3  amended to read:

 4         Section 1.  There is hereby created the Utility Board

 5  of the City of Key West, Florida, to be composed of five (5)

 6  members as particularly hereinafter set forth. Such Utility

 7  Board created by this act shall be and is hereby made the

 8  successor to the Utility board of the City of Key West,

 9  Florida, heretofore created and existing by and under the

10  provisions of chapter 65-1770, Laws of Florida, Acts of the

11  Legislature Year 1965, and acts amendatory thereto. The full,

12  complete and exclusive power and right to manage, operate,

13  maintain, control, extend, and extend beyond the limits of the

14  City of Key West, Florida, in improve, finance and re-finance

15  the electric public utility now owned by the City of Key West,

16  Florida, and the nonexclusive right to build, construct,

17  operate and acquire other public utilities, by purchase, gift,

18  grant, lease, rental or otherwise, from time to time, from the

19  United States Government, its departments, agencies, bureaus

20  and commissions, and from the State of Florida and any of its

21  political subdivisions, and corporations which are publicly or

22  privately owned or operated, and by the right of eminent

23  domain, shall be carried on by such Utility Board composed of

24  five (5) members, all of whom shall be elected by the

25  qualified electors of the City of Key West, Florida, at large,

26  as hereinafter set forth. Furthermore, said Utility Board

27  shall have the power and right to sell at retail or wholesale

28  certain tangible personal property related to its utility

29  services, including, but not limited to, generators,

30  protection and conservation equipment, and appliances. The

31  term "public utility," as used herein, shall include, but not

                                  2

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    Florida Senate - 2007        (NP)                      SB 2934
    39-1813-07                                         See HB 1077




 1  be limited to, cable and telecommunication facilities. Nothing

 2  herein shall grant the right of eminent domain as to cable or

 3  telecommunication facilities. The name of the Utility Board

 4  shall be "Utility Board of the City of Key West, Florida," and

 5  said Board shall function and operate as hereinafter provided.

 6  Said Utility Board shall have the right to sue and be sued,

 7  may adopt and use a seal and change it at pleasure, and may

 8  use in the conduct of its business the trade name of "Keys

 9  Energy Services," "City Electric System," the use of which

10  heretofore by its predecessor board is approved, confirmed and

11  validated; further, said Utility Board may change such trade

12  name and from time to time adopt such trade names as it deems

13  expedient and proper in the conduct of its business,

14  operations and activities.

15         Section 2.  The first election for the nomination or

16  election of candidates for members of the Utility Board of

17  said city shall be held no earlier than forty-five (45) days

18  and no later than sixty (60) days from the date this act shall

19  become law and on the first Tuesday in November biannually

20  thereafter, commencing with the election of 1971 and shall be

21  held concurrent with the election for the office of City

22  Commission of the City of Key West, Florida. Such elections

23  shall be non-partisan elections and every person voting in

24  said election shall be entitled to vote for as many candidates

25  for the utility board as there are members to be elected to

26  said board. The name of any qualified elector of the City of

27  Key West who meets the qualifications for chairman and member

28  of said utility board, as set forth in this act, may appear

29  upon the election ballot as a candidate for the office of

30  chairman/member or member of the utility board, upon said

31  elector paying to the City of Key West, Florida, the sum of

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    Florida Senate - 2007        (NP)                      SB 2934
    39-1813-07                                         See HB 1077




 1  one hundred dollars ($100.00) and said sum shall be deposited

 2  with the City Clerk of said city at his office not later than

 3  5:00 p.m. on the date set for the closing of qualification by

 4  the election officials, for the first election under the

 5  provisions of this act, and thereafter the second Tuesday in

 6  October of the year in which subsequent elections under this

 7  act are to be held. A qualifying fee for such candidate for

 8  such office, and said elector shall submit to the said city

 9  clerk concurrently therewith the sworn statement of his or her

10  name, address, occupation, willingness to serve if elected and

11  shall indicate on such sworn statement his or her desire for

12  his or her name to appear on the ballot as a candidate for

13  such office. Provided, however, that any person who holds an

14  elective office in the government of the City of Key West,

15  Florida, County of Monroe, the State of Florida, or any

16  political agency, board or commission is compensated by wages,

17  salaries or otherwise shall not be eligible to serve

18  concurrently as a member of the board created by this act.

19  Only the name or names of candidates complying with this

20  section shall appear on the ballot as a candidate for

21  nomination or election. No candidate having qualified and

22  thereafter withdrawing or becoming disqualified under the

23  provisions of this act shall be entitled to a refund of the

24  aforesaid qualifying fee paid.

25         Section 3.  The utility board shall consist of five (5)

26  members who shall be elected from the city at large in groups

27  numbered I, II, III, IV, and V. One (1) of said members shall

28  be the chairman and shall be elected by the people from the

29  group to be numbered I. And all persons desiring to qualify as

30  candidates for chairman shall file in group numbered I.  All

31  persons desiring to qualify for members shall file in groups

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    Florida Senate - 2007        (NP)                      SB 2934
    39-1813-07                                         See HB 1077




 1  numbered I, II, III, IV or V. The member in group number I

 2  shall be elected in the regular municipal general election

 3  commencing in 2007 and at each general election every four (4)

 4  years thereafter. Members in groups numbered II and III shall

 5  be elected in the special general election in 1969 as provided

 6  for herein at each regular municipal general election each

 7  four (4) years thereafter, commencing in 1973 and at each

 8  general election each (4) years thereafter. Members in groups

 9  numbered IV and V shall be elected at the special general

10  election provided for herein in 1969 and at the regular

11  municipal general election to be held in 1971 for a term of

12  four (4) years and at each general election thereafter for a

13  term of four (4) years. The member elected as chairman shall

14  be elected at the special general election in 1969, as

15  provided for herein, and shall hold office until the regular

16  general municipal election in 1971 to hold office for two (2)

17  years and shall be elected at the general election in 1971 and

18  every general municipal election thereafter. The member

19  elected as chairman and All members shall to hold office until

20  their successors are elected and qualified from 12:00 noon of

21  the day after the canvas of the vote and the declaration of

22  the results of the election. The chairman and All members

23  shall be subject to removal for good and sufficient cause by a

24  four-fifths (4/5) vote of the city commission. If a candidate

25  for chairman or member receives a majority of votes in the

26  primary election in the candidate's his group, the candidate

27  he shall be considered elected upon and after the canvas of

28  the vote and the declaration of the result of the election as

29  hereinafter provided. If there is be no majority, two (2)

30  candidates for nomination to the office of chairman or member

31  who receive receives the greatest vote in the primary election

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    Florida Senate - 2007        (NP)                      SB 2934
    39-1813-07                                         See HB 1077




 1  each group shall be placed on the ballot at the next regular

 2  or special municipal general election following the primary as

 3  provided in the city charter of the City of Key West, Florida.

 4  The candidate for nomination receiving the greater vote in the

 5  regular or special municipal general election following the

 6  primary election if otherwise qualified shall be elected to

 7  office from the group in which candidate he is qualified. One

 8  (1) of said members shall serve as Chairperson of the Utility

 9  Board. The Chairperson shall be selected from the five (5)

10  members by the five (5) members during an organizational

11  meeting in December immediately following an election and

12  serve as such until the next organizational meeting following

13  an election. A member may serve as Chairperson for consecutive

14  terms.

15         Section 6.  (1)  The office of members of the Utility

16  Board shall become vacant upon his or her death, resignation,

17  removal from office in any manner authorized by law, or

18  forfeiture of his office, or as otherwise provided herein.

19         (2)  A member of the Utility Board shall forfeit his

20  office if he (1) lacks at any time during his term of office

21  any qualification for the office prescribed by law; (2)

22  violates any express prohibition of this law; (3) is convicted

23  of a crime involving moral turpitude; or (4) fails to attend

24  three (3) consecutive regular meeting of the Utility Board

25  without being excused by the board.

26         (3)  A vacancy in the board shall be filled for the

27  remainder of the unexpired term, if any, at the next regular

28  election, but a quorum of the remaining members of said board

29  shall by majority vote appoint a qualified person to fill the

30  vacancy until the person elected to serve the remainder of the

31  unexpired term takes office. If the board fails to do so

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    Florida Senate - 2007        (NP)                      SB 2934
    39-1813-07                                         See HB 1077




 1  within sixty thirty days following the occurrence of the

 2  vacancy, the City Commission of the City of Key West, Florida

 3  shall appoint a member to fill the said vacancy for the

 4  unexpired term. Notwithstanding the requirement that a quorum

 5  of the board consists of three (3) members, if at any time the

 6  membership of the board is reduced to less than three (3), the

 7  City Commission of said city shall fill the vacancies for the

 8  unexpired term.

 9         (4)  The City Commission of the City of Key West,

10  Florida shall be the judge of the election and qualification

11  of the members of the Utility Board and of the grounds for

12  forfeiture of their office and for that purpose shall have

13  power to subpoena witnesses, take testimony and require the

14  production of records. A member charged with conduct

15  constituting grounds for forfeiture of his office shall be

16  entitled to a public hearing on demand; and notice of such

17  hearing shall be published in one (1) or more newspapers of

18  general circulation in said city at least one (1) week in

19  advance of the hearing. Removal from said office should be by

20  a four-fifths (4/5) vote of the City Commission. Decisions

21  made by the City Commission of the City of Key West, Florida

22  under this section shall be subject to review by the courts.

23         Section 11.  (1)  POWERS OF THE BOARD.--The Utility

24  Board of the City of Key West, Florida shall have the full,

25  complete and exclusive power and right to manage, operate,

26  maintain, control, extend, extend beyond the limits of the

27  City of Key West, Florida, in Monroe County, Florida, the

28  electric public utility owned by said city, including the

29  maintenance, operation, extension and improvement thereof, and

30  including all lines, poles, wires, pipes, mains and all

31  additions to and extensions of the same, and all buildings,

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    Florida Senate - 2007        (NP)                      SB 2934
    39-1813-07                                         See HB 1077




 1  stations, sub-stations, machinery, appliances, land and

 2  property, real, personal and mixed, used or intended for use

 3  in or in connection with said electric public utility, and the

 4  Utility Board shall have all of the powers in connection with

 5  such other public utilities hereafter constructed or acquired

 6  by said board that are granted by this act to said board with

 7  respect to the electric public utility now owned by said city.

 8  The Board shall have the power and right to extend its

 9  utilities services beyond the limits of Monroe County,

10  Florida. As it relates to the extension of services of the

11  electric public utility, the power to extend services beyond

12  the limits of Monroe County, Florida, shall become effective

13  only if the Legislature enacts legislation permitting any

14  person other than the Utility Board to sell electric energy to

15  customers of the Utility Board. The said Utility Board shall

16  have exclusive power and authority to determine what

17  improvements shall be made to all such public utilities.

18         (2)  BUDGETS.--The said Utility Board shall adopt

19  annual budgets and amend the same from time to time, but in so

20  doing shall conform to the requirements, if any, of any

21  existing ordinance or resolution authorizing the issuance of

22  revenue bonds now outstanding or hereafter issued against the

23  income of the said Utility Board.

24         (3)  REVENUE BONDS AND OTHER FINANCING

25  MATTERS.--Revenue bonds may be issued by said Utility Board

26  for the purpose of refunding outstanding revenue bonds as well

27  as for any other purposes which the Utility Board of said city

28  deems proper in the management, operation, maintenance,

29  control, improvement, extension, betterment, financing and

30  refinancing of the electric public utility owned by The City

31  of Key West, Florida as well as for purposes of acquisition,

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    Florida Senate - 2007        (NP)                      SB 2934
    39-1813-07                                         See HB 1077




 1  purchase, building and construction and operation of

 2  additional public utilities which are deemed proper by said

 3  Utility Board, and revenue bonds may also be issued by said

 4  board against the income of any additional public utilities so

 5  acquired , and the granting of such authority to the Utility

 6  Board of the City of Key West, Florida, to issue revenue bonds

 7  against income of the electric public utility owned by said

 8  city, or against the income of any additional public utilities

 9  hereafter acquired by said Utility Board, is exclusive to said

10  board, and the governing body of said city shall not have the

11  right to issue any such bonds or otherwise incur any

12  indebtedness or obligations whereby the income of said public

13  utilities owned by the Utility Board of the City of Key West,

14  or the income of any additional public utilities, hereafter

15  acquired by said Utility Board, becomes charged for the

16  payment thereof. The maturity dates and rate of interest of

17  any bonds issued hereunder shall be determined and fixed by

18  the Utility Board of the City of Key West, Florida and said

19  board shall have the exclusive right to sell said bonds at

20  prices to be determined by said board. The Utility Board of

21  the City of Key West, Florida is authorized and empowered to

22  adopt such resolutions as may be necessary or advisable in

23  connection with the authorization, execution, sale, and

24  delivery of the revenue bonds authorized hereunder. Prior to

25  the validation and issuance of any bonds authorized hereunder,

26  said board shall obtain the approval of the City Commission of

27  the City of Key West, Florida, by appropriate ordinance. The

28  Utility Board shall further have the power to issue commercial

29  paper notes and variable rate bonds to enter into interest

30  rate swap transactions as determined from time to time to be

31  in the best interests of the ratepayers of the electric public

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    Florida Senate - 2007        (NP)                      SB 2934
    39-1813-07                                         See HB 1077




 1  utility of the City. Bonds and refunding bonds issued pursuant

 2  to this act may be sold at competitive or negotiated sale,

 3  provided any negotiated sale shall comply with section

 4  218.385, Florida Statutes.

 5         (4)  CONTRACTUAL RIGHTS.--Said Utility Board shall have

 6  the exclusive right and power to buy, purchase, contract for

 7  exchange, lease and convey by deed or such other lawful means

 8  as permitted by the laws of Florida, whether special, local or

 9  general, without the consent or approval of the City

10  Commission or other governing body of the City of Key West,

11  Florida, or its municipal successor, from time to time, any of

12  the property, real, personal or mixed, specified or referred

13  to herein before in this act, for such price or prices and on

14  such terms, provisions and under such conditions as herein set

15  forth at the time or times it determines that such property,

16  real, personal or mixed, is excess to the needs of the

17  electric public utility, or such other public utilities the

18  Utility Board acquires. Said board shall have the full and

19  complete power and exclusive authority to accept gifts,

20  contributions, contributions in aid of construction,

21  properties, whether real, personal or mixed, from the United

22  States Government or any of its departments, bureaus,

23  commissions or agencies, and the said full and complete power

24  and exclusive authority herein before provided shall also

25  apply to the acceptance of gifts, contributions, contributions

26  in aid from the State of Florida, or any of its political

27  subdivisions, departments bureaus, commissions, or agencies,

28  corporations, publicly or privately owned or operated, private

29  persons and individuals. The Utility Board created by this act

30  shall have the full and complete power and exclusive authority

31  to contract with the United States Government, or any of its

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    Florida Senate - 2007        (NP)                      SB 2934
    39-1813-07                                         See HB 1077




 1  departments, bureaus, commissions or agencies, other public

 2  utilities, the State of Florida, or any of its political

 3  subdivisions, departments, bureaus commissions or agencies,

 4  corporations, either publicly or privately owned and operated,

 5  private persons or individuals, for the acquisition, purchase

 6  and operation of other public utilities and said Utility Board

 7  may determine in its judgment, and to purchase, contract for

 8  the sale, lease or exchange of any products and services,

 9  material, and commodities, by-products and water, steam or

10  heat from all or any of its activities or operations. The said

11  Utility Board shall have full and complete power and exclusive

12  authority to fix rates and charges for electricity and charges

13  or prices for any other real and personal property, products

14  and services, materials and commodities, by-products of and

15  from all or any of its activities or operations, furnished or

16  sold by said Utility Board, and to provide for the collection

17  of the same.

18         (5)  SENIOR CITIZEN AND DISABLED VETERAN DISCOUNT.--The

19  Utility Board shall grant a special lower rate and charge for

20  electricity on the residential account of any personal who

21  meets low income standards adopted by the Utility Board, who

22  has been is a permanent resident of the geographical service

23  area covered by the Utility Board in furnishing electricity in

24  Monroe County, Florida for three (3) consecutive years prior

25  to requesting such special lower rate or charge and who is

26  sixty-two (62) years of age or older or a totally and

27  permanently disabled American veteran. As used in this section

28  "residential account" means an account for a person residing

29  in a house, mobile home, condominium, apartment, or other

30  housing unit. Submission of an affidavit that the applicant

31  claiming the special lower rate and charge under this section

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    Florida Senate - 2007        (NP)                      SB 2934
    39-1813-07                                         See HB 1077




 1  is has been a permanent resident of the geographical service

 2  area heretofore mentioned for three (3) years immediately

 3  preceding the date of application, and who is sixty-two (62)

 4  years of age or older or a totally and permanently disabled

 5  American veteran, shall be prima facie proof of such

 6  residence, disability, and age. The affidavit shall include

 7  the annual income of the applicant.

 8         (6)  ACCOUNTING MATTERS.--All bills for electricity and

 9  electric service and for the furnishing and sale of the

10  products and services, materials and commodities, by-products

11  and water, steam or heat and by-products of and from all or

12  any activities or operations shall be collected and accounted

13  for by said Utility Board, and all disbursements in connection

14  with the foregoing, shall be ordered paid out only upon

15  approval of said board; or pursuant to policies adopted by

16  said board or pursuant to policies established by resolution

17  adopted by the Utility board.; and

18         (7)  EMINENT DOMAIN.--Said board acting by, for, and in

19  the name of the City of Key West, Florida, a municipal

20  corporation, and any municipal successor thereto, existing

21  under the laws of Florida, shall have the vested right which

22  are herein conferred of eminent domain, for the purpose of

23  acquiring lands and rights-of-way necessary and expedient for

24  the location, establishment, construction, maintenance and

25  operation of the works and projects authorized in this act,

26  and for the acquisition and construction of any and all kinds

27  and classes of real, personal or mixed property, tangible or

28  intangible, whatsoever, which shall be deemed necessary,

29  convenient or appropriate to accomplish the purposes and

30  objects authorized by this act, provided, however said Utility

31  Board shall at all times be governed by and conform to the

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    Florida Senate - 2007        (NP)                      SB 2934
    39-1813-07                                         See HB 1077




 1  provisions of any proceeding authorizing and providing for the

 2  issuance of bonds, or other obligations of said city, which by

 3  their terms are secured by or payable from the revenues of the

 4  electric public utility, or the revenues of any of the

 5  additional public utilities acquired by said Utility Board.

 6         (8)  ADVERTISING.--The Utility Board is hereby

 7  authorized to purchase advertising including, but not limited

 8  to, advertising from recognized, established advertising

 9  media, such as newspapers, radio and television, as a proper

10  expenditure of the system. The Utility Board may make

11  expenditures that are reasonable and necessary for advertising

12  the Board's utility systems including advertising events and

13  programs which are sponsored by the Utility Board or in which

14  the Utility Board participates. Furthermore, nothing in this

15  paragraph shall be construed to prevent the Utility Board from

16  sponsoring charitable events or events which would benefit the

17  Utility Board or its utility system or systems.

18         Section 13.  (1)  CONSTRUCTION PROJECTS.-- All

19  construction, reconstruction, repairs or work of any nature

20  made by the Utility Board, where the entire costs, value, or

21  amount of such construction, reconstruction, repairs or work,

22  including the labor and materials, shall exceed the amount as

23  established by resolution adopted by the Utility Board, except

24  construction, reconstruction, repairs, or work done by

25  employees of the Utility Board or by labor supplied under

26  agreement with the federal government or state government,

27  with supplies and materials purchased hereinafter provided,

28  shall be done only under contract or contracts to be entered

29  into by the Utility Board with the lowest cost or best

30  responsible bidder upon proper terms, after due public notice

31  has been given asking for competitive bids as hereinafter

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    Florida Senate - 2007        (NP)                      SB 2934
    39-1813-07                                         See HB 1077




 1  provided. No contract shall be entered into for construction

 2  or improvement or repair of the electric system, or any part

 3  thereof, unless the contractor shall have given an undertaking

 4  with a sufficient surety or sureties, approved by the Utility

 5  Board, and in an amount fixed by said board, for the faithful

 6  performance of the contract. All such contracts shall provide

 7  among other things that the person or corporation entering

 8  into such contract with the Utility Board will pay for all

 9  materials furnished and services rendered for the performance

10  of the contract, and that any person or corporation furnishing

11  such materials or rendering such services may maintain an

12  action to recover for the same against the obligor in the

13  undertaking, as though such person or corporation were named

14  therein, provided the action is brought within on (1) year

15  after the time the cause of action accrues.

16         (2)  POWER OF AUTHORITY.--Nothing in this section shall

17  be construed to limit the power of authority to construct,

18  repair or improve the utility electric system, or any part

19  thereof, or any addition, betterment or extension thereto,

20  directly by the officers, agents an employees of the Utility

21  Board, or otherwise than by contract.

22         (3)  ALL OTHER PURCHASES, EXCLUDING CONSTRUCTION

23  PROJECTS.--All supplies, equipment, machinery and materials

24  costing more than the amount as established by resolution

25  adopted by the Utility Board shall be purchased only after

26  advertisement as provided hereinafter. The Utility Board shall

27  accept the lowest cost or best bid or bids, kind, quality and

28  material being equal, but said Board shall have the right to

29  reject any or all bid or select a single item from any bid.

30  The provision as to bidding shall not apply to the purchase of

31  patented and manufactured products offered for sale in a

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    Florida Senate - 2007        (NP)                      SB 2934
    39-1813-07                                         See HB 1077




 1  noncompetitive market or solely by a manufacturer's authorized

 2  dealer.

 3         (4)  ADVERTISING.--The term "advertisement" or "due

 4  public notice" wherever used in this section shall mean a

 5  notice published at least once a week for two (2) consecutive

 6  weeks before the opening award of any sealed bid contract, in

 7  a daily newspaper published and having a general circulation

 8  in the City of Key West, Florida, and in such other newspapers

 9  or publications as the Utility Board shall deem advisable.

10         (5)  CONFLICT OF INTEREST.--No member of the Utility

11  Board or officer or employee thereof shall either directly or

12  indirectly be a party to, or be in any manner interested in,

13  any contract or agreement with the Utility Board for any

14  matter, cause or thing whatsoever in which such member shall

15  have a financial interest or by reason whereof any liability

16  or indebtedness shall in any way be created against such

17  board. If any contract or agreement shall be made in violation

18  of the provisions of this section, the same shall be null and

19  void, and no action shall be maintained thereon against the

20  Utility Board.

21         (6)  OTHER PROVISIONS.--Subject to the aforesaid

22  provisions, the Utility Board may (but without intending by

23  this provision to limit any powers of said board enter into

24  and carry out such contract, or establish or comply with such

25  rules and regulations concerning labor and materials and other

26  related matters in connection with any construction project,

27  or portion thereof, as the Utility Board may deem desirable;

28  provided that the provisions of this section shall not apply

29  to any contract or agreement between the Utility Board and any

30  engineers, architects, attorneys, or for other professional

31  services, or to any contract or agreement relating to fiscal

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    Florida Senate - 2007        (NP)                      SB 2934
    39-1813-07                                         See HB 1077




 1  advisors, fiscal agents, or investment bankers, relating to

 2  the financing of project herein authorized.

 3         (7)  EMERGENCY PURCHASES.--Notwithstanding the

 4  aforesaid provisions, the Utility board may, in its reasonable

 5  discretion, authorize and permit such expenditures of funds as

 6  necessary for making emergency purchases or may delegate such

 7  authority to such employees and offers of the utility system

 8  or systems.

 9         (8)  FUEL AND POWER PURCHASES.--Nothing in this section

10  shall apply to the purchase of fuel products or produced power

11  on a single-lot basis when such fuel or power is offered for

12  sale to the Utility Board at a below advertised price basis.

13         (9)  LOCAL, STATE, AND FEDERAL CONTRACTS.--All

14  purchases of commodities or contractual services under the

15  provisions of local, state, and federal purchasing contracts

16  shall be exempt from the competitive procurement requirements,

17  provided that the following criteria are all satisfied:

18         (a)(1)  The terms and conditions of the original

19  contract or approved renewal or extension by the federal,

20  state or local government or electric cooperative are

21  satisfactory to the Utility Board and such terms and

22  conditions are expressly extended to other municipalities

23  pursuant to the bid documents.

24         (b)(2)  The original contract or approved renewal or

25  extension by the federal, state, or local government or

26  electric cooperative are executed within twenty-four (24)

27  twelve (12) months prior to the proposed purchase of

28  commodities or services by the Utility Board.

29         (c)(3)  The purchasing agent has performed an informal

30  solicitation to determine if the prices of the original

31  

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    Florida Senate - 2007        (NP)                      SB 2934
    39-1813-07                                         See HB 1077




 1  contract are fair and reasonable, and to assure local vendors

 2  have an opportunity to compete.

 3         (d)(4)  The Utility Board authorizes such procurement

 4  when the cost of the commodities (materials) or contractual

 5  services (labor and materials) exceeds the amounts as

 6  established by resolution adopted by the Utility Board.

 7         Section 15.  (1)  The Utility Board created by this act

 8  is hereby authorized and empowered to create, establish,

 9  provide for and adopt, maintain, operate and regulate a civil

10  service system and plan for the security of the employees of

11  said board, and may amend and change such system and plan from

12  time to time. Further, said Utility Board is empowered to

13  adopt rules and regulations for the government and operation

14  of said civil service system and plan, and to delegate

15  authority for the handling and management of said system and

16  plan to designated officials or employees of said board, or a

17  special committee or a civil service board created by said

18  Utility Board for such purposes. Further, said Utility Board

19  is authorized and empowered to appropriate out of its

20  available funds any money necessary or expedient to carry out

21  the provisions and purposes of this act that maybe be lawfully

22  used for such purposes.

23         (2)  The employees of the City Electric System of the

24  City of Key West, Florida may require the Utility Board to

25  establish a civil service board for them by an affirmative

26  vote of the majority of the employees cast in a secret

27  election to be held under the rules prescribed by the board.

28  Said election shall be held within (30) days of the

29  presentation of a petition containing the signatures of no

30  less than ten per centum (10%) of the employees of al classes

31  of said system requesting such an election.

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    Florida Senate - 2007        (NP)                      SB 2934
    39-1813-07                                         See HB 1077




 1         Section 16.  The Utility Board of the City of Key West,

 2  Florida shall have discretion to classify as surplus any of

 3  its property that is obsolete or that which is uneconomical or

 4  inefficient, or which serves no useful function. All such

 5  items valued more than the amount as established by resolution

 6  adopted by the Utility Board shall be offered as Within a

 7  reasonable exercise of its discretion and having consideration

 8  for the best interest of the Utility Board, the value and

 9  condition of such properties classified surplus, and the

10  probability of such properties being desired by the prescribed

11  bidder to whom offered, the Utility Board first shall offer

12  such surplus property to other governmental units within,

13  first in the City of Key West, Florida, then in the County of

14  Monroe and to the general public with an effective means of

15  notification. The notification. If no accepted bid is received

16  within a reasonable time, they shall then offer such

17  properties for sale by advertising for bids in a newspaper of

18  general circulation once each week for no less than two (2)

19  weeks. Such call for bids shall disclose the value and

20  condition of the properties when known. The cost of

21  transferring such properties offered for sale shall be made by

22  the bidder making the successful bid should make the cost of

23  transferring such properties offered for sale. Provided,

24  however, that Any such properties as would serve no useful

25  function and for which no bids have been received, may be

26  disposed of by donation, destruction or abandonment. All

27  actions taken in regard to the disposal of such properties

28  shall be recorded in the minutes of the Utility Board of the

29  City of Key West, Florida.

30         Section 19.  Members of said Utility Board, and agents

31  and employees of said board traveling on official business

                                  18

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    Florida Senate - 2007        (NP)                      SB 2934
    39-1813-07                                         See HB 1077




 1  should be reimbursed for travel and expenses in accordance

 2  with resolutions adopted by the Utility Board Chapter 112,

 3  Florida Statures 1967 and any amendments thereto.

 4         Section 20.  Purchase of all lands deemed necessary by

 5  the Utility Board of the City of Key West, Florida shall be

 6  made subject to the following conditions:

 7         (1)  Such purchases shall be made only upon

 8  recommendation of the engineers of record of said board who

 9  shall advise the board that the acquisition of such lands is

10  necessary for the expansion of the system.

11         (2)  The Utility Board shall obtain appraisals from at

12  least three (3) licensed and certified appraisers in the State

13  of Florida request the board of realtors of Monroe County,

14  Florida to provide them with the names of three (3) licensed

15  appraisers.

16         (3)  Said appraisers shall be retained by said Utility

17  Board under approval of the consulting engineers.

18         (2)(4)  Said Utility Board shall pay no more than the

19  highest agreed upon appraisal furnished by the aforesaid

20  appraisers.

21         Section 2.  This act shall take effect upon becoming a

22  law.

23  

24  

25  

26  

27  

28  

29  

30  

31  

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