Florida Senate - 2017                            (NP)    SB 1568
       
       
        
       By Senator Perry
       
       
       
       
       
       8-00871B-17                                           20171568__
    1                        A bill to be entitled                      
    2         An act relating to the City of Gainesville, Alachua
    3         County; repealing section 3.06 of the city’s charter,
    4         relating to the appointment, qualifications, powers,
    5         and duties of the general manager for utilities of
    6         Gainesville Regional Utilities; amending chapter
    7         12760, Laws of Florida (1927), as amended by chapter
    8         90-394, Laws of Florida, relating to the city’s
    9         charter; creating the Gainesville Regional Utilities
   10         Authority and establishing it as the governing board
   11         of Gainesville Regional Utilities; providing
   12         definitions; specifying the powers and duties of the
   13         authority; specifying the composition of the authority
   14         and the selection and removal, terms, compensation,
   15         organization, and liability of its members; specifying
   16         certain management and personnel for the authority;
   17         specifying applicability to certain city ordinances,
   18         policies, rates, fees, assessments, charges, rules,
   19         regulations, budgets, and contracts; requiring the
   20         authority to develop, adopt, and review an ethics
   21         policy and code of conduct; providing a ballot
   22         statement; requiring a referendum; providing effective
   23         dates.
   24          
   25  Be It Enacted by the Legislature of the State of Florida:
   26  
   27         Section 1. Section 3.06 of Article III of section 1 of
   28  chapter 90-394, Laws of Florida, is repealed.
   29         Section 2. Article VII is added to chapter 12760, Laws of
   30  Florida (1927), as amended by chapter 90-394, Laws of Florida,
   31  to read:
   32  
   33        ARTICLE VII GAINESVILLE REGIONAL UTILITIES AUTHORITY       
   34  
   35         7.01Establishment.—There is created a regional utilities
   36  authority to be known as the “Gainesville Regional Utilities
   37  Authority.” Gainesville Regional Utilities shall be governed by
   38  the authority upon installation of the authority’s members
   39  pursuant to this article. The authority shall operate as a unit
   40  of city government and, except as otherwise provided in this
   41  article, shall be free from direction and control of the
   42  Gainesville City Commission. The authority is created for the
   43  express purpose of managing, operating, controlling, and
   44  otherwise having broad authority with respect to the utilities
   45  owned by the City of Gainesville.
   46         7.02Definitions.—For the purposes of this article, unless
   47  otherwise designated or the context otherwise requires, the
   48  following terms have the following meanings:
   49         (1)“Authority” means the Gainesville Regional Utilities
   50  Authority created in this article.
   51         (2)“City” means the City of Gainesville.
   52         (3)“City commission” means the Gainesville City
   53  Commission.
   54         (4)“County” means Alachua County.
   55         (5)“Customer” means a person or entity that makes
   56  application for and is supplied with service by GRU for its
   57  ultimate use.
   58         (6)“GRU” means Gainesville Regional Utilities.
   59         (7)“Member” means a member of the authority.
   60         (8)“Utilities” means the electric utility system, water
   61  utility system, wastewater utility system, reuse water utility
   62  system, natural gas utility system, communications utility
   63  system, and such other utility systems as may be acquired by GRU
   64  in the future.
   65         7.03Powers and duties.—The authority shall have all of the
   66  following powers and duties, in addition to the powers and
   67  duties otherwise conferred by this article:
   68         (1)To manage, operate, and control the utilities and to do
   69  all things necessary to effectuate an orderly transition of the
   70  management, operation, and control of the utilities from the
   71  city to the authority, consistent with this article.
   72         (2)To establish and amend the rates, fees, assessments,
   73  charges, rules, regulations, and policies governing the sale and
   74  use of services provided through the utilities.
   75         (3)To acquire real or personal property and to construct
   76  such projects as necessary to operate, maintain, enlarge,
   77  extend, preserve, and promote the utility systems in a manner
   78  that will ensure the economic, responsible, safe, and efficient
   79  provision of utility services, provided that title to all such
   80  property is vested in the city.
   81         (4)To exercise the power of eminent domain pursuant to
   82  part IV of chapter 166, Florida Statutes, and to use utility
   83  funds to appropriate or acquire property, excluding federal or
   84  state property, for the purpose of obtaining, constructing, and
   85  maintaining utility facilities, provided that title to all such
   86  property is vested in the city.
   87         (5)To issue revenue bonds, upon resolution of the
   88  authority establishing the form, terms, and purpose of such
   89  bonds, for the purpose of financing or refinancing utility
   90  system projects, and to exercise all powers in connection with
   91  the authorization, issuance, and sale of such bonds as conferred
   92  upon municipalities by part II of chapter 166, Florida Statutes,
   93  provided that such bonds may be validated in accordance with
   94  chapter 75, Florida Statutes. The authority may not issue
   95  general obligation bonds.
   96         (6)To dispose of utility system assets only to the extent
   97  and under the conditions that the city commission may dispose of
   98  such assets pursuant to section 5.04 of Article V.
   99         (7)To prepare and submit to the city commission, at least
  100  3 months before the start of the city’s fiscal year, an annual
  101  budget for all authority and GRU operations, including the
  102  amount of any transfer to the city. The term of the budget shall
  103  coincide with the city’s fiscal year. Absent prior approval of
  104  the city commission, the authority’s budget may not reduce the
  105  amount of any transfer to the city by more than 3 percent from
  106  the previous fiscal year.
  107         (8)To appoint and remove a chief executive officer/general
  108  manager as provided in this article.
  109         (9)To recommend, by resolution to the city commission, the
  110  acquisition and operation of a utility system not owned or
  111  operated by GRU as of the date of transfer of governing
  112  authority to the authority.
  113         7.04Authority members.—
  114         (1)There shall be five members of the authority appointed
  115  by a simple majority vote of the city commission. Each member
  116  shall be a person of recognized ability and good business
  117  judgment, as identified by the city commission, who is expected
  118  to perform his or her official duties in the best interests of
  119  GRU and its customers. Appointments shall be made as follows:
  120         (a)One member shall be a residential customer with
  121  substantial knowledge of GRU, its operations, and its history.
  122         (b)One member shall be a private, nongovernment customer
  123  consuming at least 10,000 kilowatt hours per month of electric
  124  usage during each of the previous 12 months. If the customer is
  125  an entity, this member may be the owner or representative of
  126  such customer.
  127         (c)Three members shall be competent and knowledgeable in
  128  one or more specific fields substantially related to the duties
  129  and functions of the authority, including, but not limited to,
  130  law, economics, accounting, engineering, finance, or energy.
  131         (2)All members of the authority shall:
  132         (a)Maintain primary residence within the electric service
  133  territory of the GRU’s electric utility system.
  134         (b)Be a customer of the GRU electric utility system at all
  135  times during the term of appointment.
  136         (c)Not have been convicted of a felony as defined by
  137  general law.
  138         (d)Be a qualified elector of the city, except that a
  139  minimum of one member must be a resident of the unincorporated
  140  area of the county or a municipality in the county other than
  141  the City of Gainesville.
  142         (3)The composition of the authority shall be adjusted upon
  143  expiration of any member’s term, or upon any authority vacancy,
  144  to reflect the ratio of total electric meters serving GRU
  145  electric customers outside the city’s jurisdictional boundaries
  146  to total electric meters serving all GRU electric customers. For
  147  example, upon expiration of a member’s term or upon an authority
  148  vacancy, if the ratio of total electric meters serving customers
  149  outside the city boundaries to total electric meters serving all
  150  electric customers reaches 40 percent, the city commission must
  151  appoint a second member from outside the city boundaries to
  152  serve the next term that would otherwise be served by a
  153  qualified elector of the city. Conversely, upon expiration of
  154  any member’s term or upon any authority vacancy, if the ratio
  155  subsequently falls below 40 percent, the city commission must
  156  appoint a qualified elector of the city to serve the next term
  157  that otherwise would have been served by a resident from outside
  158  the city boundaries.
  159         (4)Until January 1, 2022, a current or former elected
  160  official of the city or county having held office after January
  161  1, 2000, may not become a member, except that a member initially
  162  appointed to the authority may be considered for subsequent
  163  reappointment if such individual remains otherwise qualified and
  164  chooses to be considered for reappointment.
  165         (5)A member who is appointed for three full consecutive 4
  166  year terms may not succeed herself or himself.
  167         7.05Member terms.—
  168         (1)The city commission shall appoint initial members to
  169  the authority within 120 calendar days after the approval at
  170  referendum of the creation of this article. The initial terms of
  171  office for the five members shall commence at 12 a.m. on October
  172  1, 2018. The terms of the initial appointments shall be as
  173  follows: one member shall be designated to serve until 12 a.m.
  174  October 1, 2019; one member shall be designated to serve until
  175  12 a.m. October 1, 2020; one member shall be designated to serve
  176  until 12 a.m. October 1, 2021; and two members shall be
  177  designated to serve until 12 a.m. October 1, 2022. Members
  178  appointed for subsequent terms shall be appointed for 4-year
  179  terms commencing at 12 a.m. on October 1 of the year in which
  180  they are appointed. If a member is appointed to complete an
  181  unexpired term, the member’s term shall commence at the time of
  182  appointment and shall continue through the remainder of the
  183  unexpired term.
  184         (2)The city commission shall fill any vacancy for the
  185  unexpired portion of a term within 60 days after the vacancy
  186  occurs if the remainder of the term exceeds 90 days.
  187         7.06Member compensation.—Members of the authority shall
  188  serve without compensation but may receive reimbursement for per
  189  diem and travel expenses incurred in the performance of their
  190  duties, as provided in s. 112.061, Florida Statutes.
  191         7.07Authority; oath; organization; and meeting.—
  192         (1)The authority shall initially meet at the chambers of
  193  the city commission at 6 p.m. on Wednesday, October 4, 2018.
  194         (2)Before taking office for any term, each member shall be
  195  given an oath or affirmation by the mayor or his or her designee
  196  similar to the oath or affirmation required of a member of the
  197  city commission.
  198         (3)The first official action of the authority shall be
  199  election of a chair and a vice chair from among its membership.
  200         (4)The authority shall meet at least once each month,
  201  except in case of unforeseen circumstances. All meetings of the
  202  authority shall be noticed and open to the public, and minutes
  203  shall be kept as required by law, except that meetings related
  204  to settlement of then existing litigation may be held as allowed
  205  by law.
  206         (5)The GRU general manager or his or her designee shall be
  207  responsible for making arrangements for and providing adequate
  208  notice of the initial meeting of the authority.
  209         7.08Removal and suspension of members.—
  210         (1)A member may be removed or suspended from office by the
  211  city commission in accordance with s. 112.501, Florida Statutes.
  212  In addition to the grounds for removal set forth therein, a
  213  member may be removed by the city commission for failure to
  214  maintain the qualifications specified in section 7.04.
  215         (2)The authority may recommend to the city commission that
  216  a member be removed or suspended from office if it finds, by
  217  vote of at least three members, a reasonable basis for removal
  218  or suspension on one or more of the grounds set forth in s.
  219  112.501, Florida Statutes, or for failure to maintain the
  220  qualifications specified in section 7.04. The authority shall
  221  give reasonable notice of any proceeding in which such action is
  222  proposed and must provide the member against whom such action is
  223  proposed a written statement of the basis for the proposed
  224  action and an opportunity to be heard. The member against whom
  225  such action is proposed may not participate in the authority’s
  226  debate or vote on the matter.
  227         7.09Management and personnel.—
  228         (1)A chief executive officer/general manager (CEO/GM)
  229  shall direct and administer all utility functions, subject to
  230  the rules and resolutions of the authority. The CEO/GM shall
  231  serve at the pleasure of the authority. Appointment or removal
  232  of the CEO/GM shall be by majority vote of the authority. Until
  233  the authority appoints a CEO/GM, the sitting general manager of
  234  GRU shall serve as the CEO/GM. A sitting member of the authority
  235  may not be selected as the CEO/GM.
  236         (2)All officers and employees of the city who serve under
  237  the supervision and direction of the sitting general manager of
  238  GRU shall serve under the CEO/GM. The CEO/GM shall have the
  239  exclusive authority to hire, transfer, promote, discipline, or
  240  terminate employees under his or her supervision and direction.
  241         (3)The authority shall fix the salary of the CEO/GM, and
  242  the CEO/GM shall fix the salaries of all other employees who
  243  serve under his or her direction consistent with the annual
  244  budget approved by the authority. The sitting general manager of
  245  GRU, as well as all officers and employees of the city who, by
  246  virtue of this article, become subject to the supervision and
  247  direction of the CEO/GM, shall continue without any loss of
  248  rights or benefits as employees under the pension plans and
  249  civil service merit system of the city existing as of the
  250  creation of the authority.
  251         7.10General provisions.—
  252         (1)The city and the authority shall perform all acts
  253  necessary and proper to effectuate an orderly transition of the
  254  governance, operation, management, and control of the utilities
  255  to the authority, including, but not limited to, the creation of
  256  such instruments as are necessary for the authority to function
  257  in accordance with this article.
  258         (2)All city ordinances, policies, rates, fees,
  259  assessments, charges, rules, regulations, and budgets related to
  260  the operation of the utilities shall remain in effect until
  261  modified by the authority, pursuant to the powers granted in
  262  this article. If any city charter, ordinance, resolution, or
  263  decree, or any provision thereof, conflicts with this article,
  264  the provisions of this article shall govern; however, this
  265  subsection does not supersede existing contractual arrangements
  266  between the city and county, regardless of whether such
  267  arrangements are specified in any city charter, ordinance,
  268  resolution, or decree, or any provision thereof.
  269         (3)All rights, responsibilities, claims, and actions
  270  involving GRU as of the date of transfer to the authority shall
  271  continue, except as may be modified by the authority under the
  272  powers granted by this article and consistent with law.
  273         (4)A franchise, right-of-way, license, permit, or usage
  274  fee or tax may not be levied by the city upon the authority or
  275  the utilities unless allowed by general law.
  276         (5)Any utility advisory board created by the city
  277  commission has no role with respect to the authority.
  278         (6)A member of the authority is not individually
  279  responsible for authority debts or liabilities.
  280         (7)The authority shall develop and adopt an ethics policy
  281  and a code of business conduct that shall be reviewed at least
  282  biennially.
  283         Section 3. In order to provide for the transitional
  284  administrative needs and orderly compliance with the provisions
  285  of this act, the chair of the authority or his or her designee
  286  is authorized to execute documents required for the transition.
  287         Section 4. Referendum.—At the special referendum election
  288  called pursuant to this act, the ballot question shall read as
  289  follows:
  290  
  291  “Shall the Charter of the City of Gainesville be amended by
  292  creating the Gainesville Regional Utilities Authority as the
  293  governing board of Gainesville Regional Utilities and appointed
  294  by the City Commission of the City of Gainesville?”
  295         Yes....
  296         No....
  297         Section 5. This act shall take effect only upon its
  298  approval by a majority vote of those qualified electors of the
  299  City of Gainesville voting in a referendum to be held in March
  300  2018, in conjunction with the citywide election to be held in
  301  the City of Gainesville, except that this section and section 4
  302  of this act shall take effect upon becoming a law.