Title: Memo re: SWFWMD(R) - Stipulations with Pinellas County Overriding Authority
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Title: Memo re: SWFWMD(R) - Stipulations with Pinellas County Overriding Authority
Alternate Title: Memo re: SWFWMD(R) - Stipulations with Pinellas County Overriding Authority, with attached Laws of Florida Ch. 29442, House Bill No. 1821: An Act authorizing Pinellas Countyto enlarge its water supply and distribution system., and handwritten notes on p
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Spatial Coverage: North America -- United States of America -- Florida
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General Note: Box 3, Folder 6A ( WEST COAST REGIONAL WATER SUPPLY AREA B3F6 ), Item 2
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MEMO

TOs Myron Gibbons October 9, 1972

FM: Buddy Blain

RE: SWFWMD(R) Stipulations with Pinellas County
Overriding Authority

This is in response to information that the County Commissioners
of Pinellas county do not accept and agree that they are subject
to regulation by SWFWMD(R) by virtue of their being exempt through
local acts. I have checked the local acts cited by their attorney
by telephone as well as other acts. The pertinent acts are
summarized as follows:

.. Chapter 17644, Laws of Florida, Special Acts of 1935,
authorize the County Commissioners of Pinellas County
to construct, own, maintain and operate a water system.
It grants "power to manage, regulate and control in all
respects the operation, and management of said water
supply and distribution system...

2. Chapter 18408, Laws of Florida, Acts of 1937, is a
population act authorizing County Commissioners in
counties with a population of not less than 175,000
to grant franchises for waterworks systems in unincor-
-porated communities within their several counties for
the purpose of installing, operating and maintaining a
waterworks system or waterworks systems in said unincor-
porated communities.

3. Chapter 20066, Laws of Florida, Special Acts of 1939,
authorizes Pinellas County to enlarge or extend the
present water supply and distribution system in such
manner as the Board of County Commissioners shall deem
advisable. Thie grants the County to "have the authority
to establish an create a source or sources of water supply

such County and to enlarge or otherwise improve its water
treating plant and its distribution system..." This Act
also gives them authority to acquire land, submerged land
and water rights including sources of supply by purchase,
gift, condemnation proceedings or otherwise.








t








2

It further grants the right to adopt and enforce reasonable
rules and regulations or procedures pertaining to the "use,
acquisition, maintenance, development, operation or disposal
of any of the facilities or projects..."

4. Chapter 23487, Laws of Florida, Special Acts of 1945, creates
a Fresh Water Conservation Board in and for Pinellas County,
Its main purpose is to conserve the fresh water supply in the
County. The Board is given jurisdiction over "all lakes,
rivers, canals, certain wells, and other bodies of water
within the boundaries of Pinellas County" but excepts out cer-
tain lakes within the city of St. Petersburg. The Act states
the intention and purpose is "to confer on said Board such
jurisdiction within said County as will be consistent with any
state or federal jurisdiction which may exist over such wells
.and waters and not in conflict therewith..." The Board is
further authorized and empowered to construct locks, dams,
dykes, bulkheads and such other constructions as may be
necessary to change, dam, alter or control the water level of
any body or bodies of water covered by the provisions of the
Act. The Board is authorized to dig and construct canals and
water wells or fill in and discontinue the use of canals, etc.

Section 4 of the Act provides: "That such Board may operate,
independently, or in conjunction, or jointly with any federal,
statesor other political entity in order to carry out the
purposes of this Act and may give and receive benefits to and
from such political entities.

5. Chapter 29442, Laws of Florida, Acts of 1953, extensively
/ supplements the provisions and powers of the County Commissioner
granted by the 1939 Act relating to a enlarging and extending
the County water supply and distribution system.

Section 20 pamports to exempt the County from the necessity of
obtaining authorization from other governmental units in order
to exercise any of the powers granted by the Act. A copy of
the Act is attached and your attention is directed to Section 20.
Your attention is also directed to the unnumbered paragraph
immediately preceding Section 19 of the Act,which appears to
dispense with any of the normal procedural safeguards relating
to actions of governing bodies.







3

Constitutionality:

The 1935 Special Act has been held constitutional by the
Supreme Court in 1936, 167 So. 386 and has been cited in
several cases subsequently, none of which directly relate
to the question at hand other than to point out that the
1935 Act and the 1953 Supplemental Act are valid laws.


Water Resources Law:

Chapter 57-380 was passed by the 1957 legislature. This
constitutes the water resources law contained in Sections
373.071 through 373.241, Florida Statutes. This is a law
that gives broad powers in the area of protecting, conserving
and controlling the water resources of the State to assure
their reasonable and beneficial use in the interest of the
people of the State. 373.072, F.S.

The general powers granted by this chapter are set out in
373.131. Particular attention is directed to sub-paragraph
(3) of this Section relating to the relationship between the
overriding authority and local governmental organizations or
agencies created by general, special or local legislation.

Section 373.142 grants water management districts the authority
to create water regulatory districts under which SWFWMD(R) was
created. Section 373.171 grants the authority to promulgate
rules, regulations and orders.

It is well established that a special act is not repealed by
a later general law unless a legislative intent to this effect
is clearly shown. It is not argued, that the water resources
law repealed the earlier statutes but merely that it has been
modified so as to become consistent with the later general law.
A general act will not be deemed to have modified a special act
embraced within its general terms unless the general act is a
general revision of the whole subject, or unless the two acts
are so irreconcilable as to indicate a legislative intent to this
effect. The rule that a general act will not be held to impliedly
repeal or modify a special or local one does not apply where the
general act is a general revision of the whole subject, or where
the two acts are so repugnant and irreconcilable as to indicate
a legislative intent that the one should repeal or modify the other.







4.

In short, a general act may operate to repeal repugnant
local or special laws, though containing no general
repealing clause, where the legislature intended to
repeal such laws, its intention being clear from the terms
and purposes of the general act. C 30 Fla. Jur., Statutes
158.

The water resources law presently contained in Chapter 373,
Florida Statutes, was enacted after Pinellas County was
granted the authority to own its own water system. At the
time Pinellas County received additional powers for extending
and enlarging its water system it was insulated from complying
with certain overriding governmental boards. However, at that
time, there was no state or regional governmental entity
charged with the responsibility of protecting, conserving and
controlling the water resources of the St*te.

ThAt has been altered by the passage of the water resources
law and the formation of SWFWMD(R) based on overriding consider-
ations for protecting the water resources of the State.















/ CHAPTER 29442 LAWS OF FLORIDA

cedure, and for violations thereof any violator shall be deemed State of Flo
Guilty of a misdemeanor and upon conviction thereof, shall be issued pur.
2: punished as provided for conviction of a misdemeanor, dertakin. ,,
Section 4. Should any word, phrase, clause or part of this law s ofbs
be declared to be unconstitutional, it shall not in anywise or in ..v n t
Sandy manner effect the other parts thereof. tion or ur.
4^^Section 5. This act shall take effect immediately upon its be- the subjetr
coming a law. of the B. wofFr
which i s An Act authorizing PinellasCountyFloridatandts Botar
tr Became a law without the Governor's approval. of the et,
Filed in Office Secretary of State June 15, 1953. date of Ith

-Be It Enack^
CHAPTER 29442 Section m1 -

se; bHOUSE BILL NO. 1821 f which is n .
-e', fits wate r ,,
SAN ACT amending Chapter 20066, Acts of 1939, Laws of Florida, cedure the, B,o
-^ !which is An Act authorizing Pinellas County, Florida, its Board I provisions a .
of County Commissioners to enlarge its water supply and dis- supplemn,,t.
tribution system and prescribing the procedure therefore and the of County (
financing thereof by providing for the right of eminent domain tive then.',t,, ,,
for water and water system expansion or improvements pur- and Local l.s
poses; by providing for the establishment, fixing and collection
of fees, rentals or other charges for the facilities and services Section :
of said water system; by providing for the powers of the Board a dviffere c.e
of County Commissioners to finance said system by issuing (1) Th T.
bonds or revenue certificates to finance the cost of the construc- im the ror .,
tion, acquisition or improvement of such undertaking, said bonds thereto.
or revenue certificates to be payable from the fees, rentals or
other charges received from such water system and to pledge such (2) Thr e
fees for the bonds or revenue certificates authorized by this Act; (3) T
providing for the terms and conditions of bonds or revenue cer- County *, -f
tificates issued pursuant to this Act and of the rights and reme- which my -
dies of the holders thereof: authorizing the discontinuance of the
services and facilities of such water system for the nonpayment (4) Ti '
of fees, rentals or other charges therefore: providing for receiver k issued ptn"
of such undertakings on default of the Board of County Com- bonds. p. T-
missioners in the payments of such bonds or revenue certificates revenue' '
issued to finance said water system or of covenants with bond funds Ipr,. tt
holders in connection therewith; providing for covenant of the County '













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____________LAWS OF FLORIDA CHAPTER 29442 .^
state of Florida with respect to the rights of holders of bonds ^ ^^ ^
issued pursuant to this Act; providing for the lease of said un- j!' .
dertakings or any part thereof by the Board of County Commis- *<: ,J
sioners and the terms and conditions thereof; providing for the ;*^
sale of bonds issued pursuant to this Act and the manner thereof; -:
providing the power to contract with any person, firm, corpora- ,. ^ ^ ^^ ^
tion or municipal corporation or governmental body relative to ."I^ ^I ^ ^
J ~~the subject matter of this Act: and providing for additional powers :, ^"^^^ ^
~~of the Board of County Commissioners to enter into agreements -i ^ ^^^?5
and contracts relative to the acquisition of a source or sources ^ ^ ?" ^
of the supply of said water system: providing for the effective ^ ^^^^^

Be It Enacted by the Legislature of the State of Florida:
Section 1. That Chapter 20066, Acts of 1939, Laws of Florida, ;
~~which is an act authorizing Pinellas County, Florida to enlarge f ^^^^ 1^
its water supply and distribution system and prescribing the pro- ^ ^^^ ^
cedure therefore and the financing thereof by adding the terms and '
provisions as hereafter set out in this act thereto, this act being .
supplementary to and of cumulative effect and giving the Board .
of County Commnissioneris additional powers and authorities rela-
tive thereto, as provided for in said act and by the General, Special ,
and Local Laws of Florida, as is hereafter provided. ;;=
^ ~Section 2. Defini11tions.-That whenever used in the Act, unless ;. .
j ~a different meaning clearly appears from the context. ;:.
(1) The Term, "Undertaking", shall mean the extensions or /
improvements of water systems and all other facilities incidentals ; '^ &

(2) The Term, "County", shall mean Pinellas County, Florida. ';:^'
(3) The term. "Governing Body", shall mean the Board of s ^^^^ ^















CHAPTER 29442 LAWS OF FLORIDA_________

valorem taxes on real estate shall never be levied unless other- conneto iht
wise provided by resolution of the Board of County Commissioners posesothsA.
in exercising its power and authority as provided for in Section (2
7, of Chapter 20,066, Laws of Florida, Acts of 1939, for the pay- use 0 ~rat
ment of the principal or interest on said revenue bonds, and such .ruef
revenue bonds shall not constitute an indebtedness of Pinellas anld mlti uh
County within the meaning of any constitutional, statutory or f nrtncrpoain
other lawful limitation, or for any other purpose, and such reve- Witt tcnt^
nue bonds shall not be or constitute general obligation bonds of thue alte lM,
said County. No referendum or election shall be required for the C3L oisu
issuance of such revenue bonds except in such cases as such refer- finanigsd d
endum or election may be required by the Constitution of the deemsavsbei
State of Florida. Such revenue bonds shall not be subject to any consrcinMci
statutory or other limitation of indebtedness of said County and The Bado or
such bonds shall be fully deductible in the computation of any may nld3l ..
litmitation of indebtedness of said County provided by any law bondaleint
or laws. costsoi rlim
Section 3. Declaration of policy.-That the undertakings enum- terEswhc t ,
rated in Section 2 hereof constitute a proper County purpose for per. ad n 'r
the benefit and welfare of the inhabitants of said County and it thlsestmtdw
is hereby found and declared that in the construction, acquisition, h evc~ f^s
improvement, maintenance 'and operation of any or all of said snipsol soit;
undertakings, said County will be exercising a proper govern- fiscal iaca *
mental function. pervso n i^.
authoie o<;r
Section 4. Powers of the County.-That in addition to powers -with oslcn,
which it may now have, Pinellas County shall have power under or ohrepr
this Act; f inanigo;Mc
.,. _, \ ~andt o dton *
(1) To construct, acquire, improve, maintain and operate such ^Cut o-*
water system within or without the territorial boundaries of the
County and to acquire by gift, purchase or the exercise of the ToP'1
right of eminent domain lands or rights in lands or water rights in \charefoth *-
connection therewith and any of the property, real or personal, System n ^






A".^ ;3 %1M '.04. ^ ^ t^ ?^?^







LAWS OF FLORIDA CHAPTER 29442

connection with the accomplishment of the objectives and pur-
poses of this Act.
(2) To operate and maintain such water system for its own
use and for use and benefit of its inhabitants and also to operate
and maintain such water system for use and benefit of persons,
firms, corporations and public agencies or bodies located wtihin or
without the territorial boundaries of such County who shall use
the facilities and services of such water system.
(3) To issue its bonds or to use such other legal means of
financing said undertaking as the Board of County Commissioners
deems advisable to finance, in whole or in part, the cost of the
construction, acquisition or improvement of such water system.
The Board of County Commissioners, in determining such costs,
may include all costs and estimated costs of the issuance of said
bonds, all engineering, inspection, fiscal and legal expenses, all
costs of preliminary surveys, plans, maps and specifications, in-
terest which it is estimated will accrue during the construction
period and one year thereafter on money borrowed, or which it
is estimated will be borrowed, pursuant to this Act, the costs of
the services of agents or persons, corporations, firms, partner-
ships or associations employed or consultants, advisors, engineers or
fiscal, financial or other experts in the planning, preparation, su-
pervision and financing of such water system. The County is hereby
authorized to employ and to enter into agreements or contracts
with consultants, advisors, engineers, attorneys or fiscal, financial
or other experts for the planning, preparation, supervision and
financing of such water system or any part thereof upon such terms
and conditions as to compensation and otherwise as the Board
of County Commissioners shall deem desirable and proper.
(4) To prescribe, fix, establish and collect fees, rentals or other
charges .for the facilities and services furnished by such water
system, or -any part thereof, either heretofore or hereafter con-
structed or acquired on an equitable basis; provided, however,
that such fees, rentals or other charges, or any revision thereof,
shall be fixed and established by Resolution of the Board of
County Commissioners in said County.
(5) To pledge to the punctual payment of bonds pursuant to
this Act, and interest thereon, an amount of the revenue derived
from the facilities and services of such water system, including
2493












^^^^g : ~CHAPTER 29442 LAWS OF FLORIDA_______
^^^^^^1 ~~parts thereof theretofore acquired or constructed by said County, ^ ^~
^^^^^^3 ~~and^ including extensions and improvements thereof thereafter con- xu(te
^^^^^^ ~~structed or acquired, sufficient to pay said bonds and the interest It*
^^^^^^J ~~thereon as the same shall become due and to create and maintain i (.|
^^^^^g ~~reasonable reserves therefore. Such amount may consist of all or bod ^
^^^5^^| ~~any part of such revenue. ^PU
(6) To use any right of way, easement, lands under water, or ^u^^
other similar property rights, necessary, convenient or desirable dly,
^^^^^^^ ~~in connection with the construction, acquisition or improvement ci |
F^^^^^ ~or operation or maintenance of such undertakings held by the State u)
^^0 1b^ or any political subdivision thereof, and the State of Florida hereby c ^^^^^^ ~~consents to such use whenever necessary to carry out the pur-toi
poses of this Act. o ^*J
(7) To enter upon any lands, premises, waters or other property rr c
for any purposes necessary, convenient or desirable to carry out r i
the purposes of this Act. l l <
^^^S^^ ~ ~ (8 To r eqluire all lands, buildings and premises to use the facili- W^
ties and^ services of such undertakings, except as herein other. ^
^^^^^^3 ~~wise noted, in all cases deemed necessary or desirable by the wtn4
t ~~County. l r *
A^^^l Section 5. Bond Authorization and Provisions.-That the con- ^At"
^^N|^^^ ~struction or acquisition or improvement of such water system, ri~T^
^^^^^^^8 ~~or the refunding of any bonds or other obligations heretofore or tp~w
^f~i^-ft^^ hereafter issued for such purposes whether issued pursuant to 9 *
^^^^^^ ~~the provisions of this Act or some other law or laws may bej ^ tfj
mt^^ %1_4 authorized under this Act, and bonds may be authorized to bej "^ S
^^^^^!^ j \ ~issued under this Act to provide funds for such purpose by Reso- fct>4
S3]^^^ | i ~lution or Resolutions of the Board of County Commissioners of| t
i60 S1S I Pinellas County, which may be adopted at the same meeting at > wg
^^^^S^ | j which they are introduced by a majority of the members thereof j^*^
IV^^ w then in office, and shall take effect immediately upon adoption \w




.. . -







LAWS OF FLORIDA CHAPTER 29442

to such terms of redemption, with or without premium, may be
executed in such manner, may contain such terms, covenants and
conditions, and may be in such form, either coupon or registered,
as such Resolution or subsequent Resolution may provide. Said
bonds may be sold, all at one time or in blocks from time to time,
at public or private sale, or if refunding bonds, may also be
delivered and exchanged for the outstanding obligations to be
refunded thereby, in such manner as the governing body shall
determine by Resolution, and at such price or prices computed
according to standard tables of bond value as will yield to the
purchasers or the holders of the obligations surrendered in ex- -
change, income at a rate not exceeding six percentum per annum :-
to the maturity dates of the several bonds so sold or exchanged,: .
on the money paid or the principal amount of obligations sur-
rendered therefore to the County. Pending the preparation of the .
definitive bonds, interim certificates or receipts or temporary bonds :
in such form and with such provisions as the governing body may .
determine may be issued to the purchaser or purchasers of the
bonds sold pursuant to this Act. Said bonds, and such interim cer- .
tificates or receipts or temporary bonds, shall be fully negotiable
within the meaning of and for all purposes of the law merchant ;
and the negotiable instruments law of the State of Florida. : "
Bonds issued pursuant to this Act may also be delivered to the
contractor or contractors constructing the undertaking or im- ,
provements thereof, to be financed by such bonds, in payment ;
for such construction. The Board of County Commissioners of:: :-
said County may also, in the case of undertakings, the facilities of
which are to be leased as provided in this Act, offer said bonds "
for sale and provide that the successful bidder for said bonds ,
shall also bid for the construction of such undertakings or im- i.
provements thereof and for the leasing of such facilities of such
undertakings, in such manner and under such conditions as shall
be determined by said Board. '
Section 6. Covenants and Resolutions Authorizing Issuance of .. |...,
Bonds. That any resolution or resolutions authorizing the issu- :".'.:. i
ance of bonds, including refunding bonds, under this Act, may .. .'.::.
contain covenants as to: '. i
(1) The purpose or purposes to which the proceeds of sale of : ,
said bonds may be applied and the securing, use and disposition -? ^l'..
2495 i., .


-' : ,: ? r . ..:'-







S%^-. 3%; ^ ^;- :.--^.,.-,,i.%:-

f- "-- "^^ ^* ^ ^ ": -^+^^"7" *















CHAPTER 29442 LAWS OF FLORIDA

thereof, including, if deemed desirable, the appointment of a
trustee or depository for said funds. 9)
(2) The use and disposition of the revenues derived from such ,
undertakings, including the parts thereof heretofore or hereafter pay ,,
constructed or acquired, and the creation and maintenance of (
reserve funds. any ,-,.
(3) The pledging of all or any part of the gross revenues de- (l) ,
rived from the ownership, operation or control of such under- in .
takings, including any part thereof heretofore or hereafter con- ap
structed or acquired, to the payment of the principal of and (1
interest on bonds issued pursuant to this Act, and for such re-
serve and other funds as may be deemed necessary or desirable. dl, .
(4) The fixing, establishing and collection of such fees, rentals tl,, lr, ,
or other charges for the use of the services and facilities of such covJ,.
water system, including any part thereof heretofore or hereafter uin'v .
constructed or acquired, and the revision of same from time to ce.ls, ..
time, as will always provide revenues at least sufficient to pro- cinl
vide for all expenses of operation, maintenance and repair of such (
undertakings, the payment of the principal of and interest on all
bonds or other obligations payable from the revenues of such l r .
undertakings, and all reserve and other funds required by the u
terms of the resolution or resolutions authorizing the issuance rk -*
of such bonds. ...
(5) The transfer from the general funds of the county to the "
account or accounts of the undertaking of an amount equal to n,.
the cost of furnishing the county, or any of its departments, boards tion ,, ,.
or agencies, with the services and facilities of such water system. req
(6) Limitations or restrictions upon the issuance of additional -
bonds or other obligations payable from the revenues of such (
undertakings and the rights and remedies of the holders of such of ,w. .
additional bonds, or refunding bonds, issued therefore. p '
(7) The procedure, if any, by which the terms of any covenant ent ,o
with the holder or holders of bonds issued pursuant to this Act (1 !:.
may be amended, abrogated or altered. ' undlr ..,e
(8) The rank or priority, as to lien and source of security for [th .
payment from the revenues of such undertakings, including the I -
parts theretofore or thereafter acquired or constructed, between i sy,,'" '"'
bonds issued pursuant to this Act or thereafter issued. (tII ..
2496








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LAWS OF FLORIDA CHAPTER 29442
(9) The methods and remedies to be used and enforced by the
Board of County Commissioners upon the failure of any user to
pay for the services and facilities of such water system.
(10) The appointment of a trustee or trustees to hold and apply
any revenues derived from such undertaking.
(11) The appointment of a trustee or trustees to act for and
in behalf of bondholders and the manner and terms of such
appointment and the powers of such trustee or trustees.
(12) The manner and terms upon which all bonds or other obli-
gations issued pursuant to this Act may be declared immediately
due and payable upon the happening of a default in the payment of
the principal of or interest thereon, or in the performance of any
covenant or agreement with bondholders, and the manner and terms
upon which such defaults may be declared cured and the ac-
celeration ofethe maturity of such bonds or other obligations res-
cinded and repealed.
(13) The amount and manner of payment, if any, from the reve-
nues of such water system, to the general fund of the County in
lieu of taxes which would otherwise be paid to the county, if
such water system were privately owned and operated, and the
rank and priority between such payments in lieu of taxes, if any,
the determination as to whether such payments shall be made
being solely within the discretion of the Board of County Com-
missioners, and other payments for the maintenance and opera-
tion of such water system, debt services and reserve or other funds
required to be made pursuant to covenants with the holders of
bonds issued pursuant to this Act.
(14) Budgets for the annual operation, maintenance and repair
of such undertakings, and restrictions and limitations upon ex-
penditure for such purposes, and the manner of adoption, modifi--
cation, repeal" or amendment thereof,.
(15) The amounts of insurance to be maintained upon such :
undertakings, or any part thereof, and the use and disposition of i
the proceeds of any insurance. !' .
(16) The keeping of books of account relating to such water ; "
system, and the audit and inspection thereof. '
(17) Limitations upon the number or percentage of bondholders :

2497 [ :
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CHAPTER 29442 LAWS OF FLORIDA

which may be required, and the manner of filing evidence of such 'h
number or percentage for the appointment of a trustee or receiver
for such undertakings as provided in this Act.
(18) Limitations or restrictions on the right of the county to
sell, mortgage, dispose of, or otherwise encumber such water sys- .
tem or any part thereof, ra.
(19) The methods and means for the enforcement and collec- ,
tion of fees, rentals or other charges for the services and facili-
ties of such water system, and rules and regulations, including q
reasonable penalties, for such enforcement and collection. l
(20) Such other and additional covenants as shall be deemed ,
necessary or desirable for the security of the holders of bonds or *,r.
other obligations issued pursuant to this Act.
All such covenants and agreements shall constitute valid and '
binding contracts between the county and the holders of any .-
bonds or other obligations issued pursuant to such resolution, t, -
regardless of the time of issuance thereof, and, subject to any limi- I -tr
stations contained in such resolution, shall be enforceable by any ...
holder or holders of such bonds or other obligations, acting either n ..
for himself or themselves alone, or acting in behalf of all other | j
holders of such bonds or other obligations, by appropriate pro- to -
ceedings in any court of competent jurisdiction. t.o
Section 7. Validity of Bonds. That any bonds issued pursuant -
to this Act, bearing the signature of officers in office on the date r
of the signing thereof shall be valid and binding obligations, not- -
withstanding that before the delivery thereof and payment therefore :
any or all of the persons whose signatures appear thereon, or on
any coupons appertaining thereto, shall have ceased to be officers
of the County. The validity of said bonds, or any coupons apper-
taining thereto, shall not be dependent on, nor affected by, the
validity or regularity of any proceedings relating to the construc-
.tion, acquisition or improvement of such undertakings for which .
said bonds are issued, or by the validity or regularity of any
proceedings relating to the establishment and collection of fees,
rentals or other charges for the use of the services and facilities .,
of said undertakings. ,,.- 4
The resolution authorizing said bonds may provide that such
bonds shall contain a recital that they are issued pursuant to
2498






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IN%



LAWS OF FLORIDA CHAPTER 29442
this Act, which recital shall be conclusive evidence of their validity
and of the regularity of their issuance.
Section 8. Lien on Revenues. That all bonds issued pursuant
to this Act shall have a lien upon the revenues derived from said
water system to the extent and in the manner provided in the
resolution authorizing the issuance of such bonds, which lien
shall be prior and paramount and over and ahead of any claims
or obligation of any nature against said revenues subsequently
arising or subsequently incurred, except as may be provided in
the resolution or resolutions authorizing such bonds. The rank and
priority of different issues of bonds issued by the county pursuant
to this Act shall be as provided in the resolution or resolutions
authorizing such bonds.
Section 9. Maintenance of Rates. That the Board of County
Commissioners shall prescribe and collect reasonable rates, fees
or other charges for the services and facilities of such water sys-
tem and shall revise such rates, fees or charges prescribed from
time to time whenever necessary. The rates, fees, or charges pre-
scribed shall be such as. will produce revenues, together with any
other pledged funds, at least sufficient (a) to provide for all ex-
penses of operation, and maintenance and renewal of such under-
takings, including reserves therefore, (b) to pay when due all
bonds and interest thereon for the payment of which such revenues
are, or shall have been, pledged or encumbered, including reserves
therefore, and (c) to provide for any other funds which may be;
required under the resolution or resolutions authorizing the is-
suance of such bonds pursuant to this Act. Any refunding bonds
issued pursuant to this Act shall be deemed to have been issued
for the same purpose or purposes for which the bonds or other
obligations refunded thereby were originally issued. The pro-
visions .of this section shall apply to all bonds issued pursuant to
this Act, and this Act shall be construed to require the revenues
from such water system, together with other special funds pledged
therefore, to be sufficient to make such water system fully self-
liquidating.
Section 10. Appointment of a Receiver. The resolution author-
izing the issuance of said bonds may provide that in the event
of a default in the payment of the principal of or interest on any
bonds or other obligations issued pursuant to this Act, or in the

2499







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CHAPTER 29442 LAWS OF FLORIDA.....

performance by the County of any duties imposed upon the County as the V ,,,,
by this Act, or by any covenants or agreements theretofore entered receivr ,
into between the County and the holders of such bonds or other appin(ts
obligations, any holder or holders of such bonds or other obliga- connect ,,] t
tions, (unless the resolution authorizing the issuance of such bonds shall h, i ,,
or other obligations shall limit the right to the appointment of a as they rg i
receiver to a specified number or percentage of bondholders) either the Cur. ,
acting for himself or themselves alone, or also acting for all other ship .alwu ,
holders of such bonds or other obligations, shall be entitled as point ;...
of right to the appointment of a receiver for such undertakings, ThI t,,,,,,
including all parts thereof heretofore or hereafter constructed or constllM ut ,
acquired, by any court of competent jurisdiction of the State of of suCh .*-
Florida. Jurisdiction is hereby conferred upon the respective such ,\..,, a,
Circuit Courts of the State of Florida in any action or proceeding of01 1bo ,, ..,
for the appointment of such a receiver, and such receiver is hereby the s,le, ,.,
authorized and empowered in the event of such default or de- pro1cr,,r.;
faults to take over, operate, manage and control such undertakings
and to collect the revenues derived from the use of the services Sctn
and facilities thereof and from all other sources to the same renta
extent and in the same manner as the County is authorized to do. syslt'm ...
Such receiver shall so operate, manage and control such water and .hut':
system only under the supervision and direction of the Circuit syste,i ",
Courts of the State of Florida, and such operation, management taking,
and control shall be in the name of Pinellas County, Florida, and by the ,...
notwithstanding any provision of any other law to the contrary, pulc ,. --
such water system shall be deemed in the County's control, and such ,'. (,,
management through such court, and its duly appointed receiver, charg.' '* '
for the joint protection of the County and such bondholders. After of .uCh ,'
deduction of the expenses of such receivership, such receiver may I't
shall apply the funds derived from such operation, management firm, ,'ll'""
and control to: out th

or other Bs
(a) The cost of operation and maintenance of such undertaking. the .hur,, '
(b) The payment of amounts due for the principal of and inter- el
est on any bonds or other obligations heretofore issued by the co r
County for such water system in accordance with the rights of such de '
the holders of such bonds or other obligations, and the payment Inethvt '' ... "'
into reserve of other funds of any amounts provided for in the
covenants or agreements with the holders of such bonds or other .ets 0
obligations, and thereafter to apply all such funds in such manner Cot'.....

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LAWS OF FLORIDA CHAPTER 29442
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as the court shall direct. The fees and other expenses of such
receiver atld of the person. or persons making application for the
appointouilnt t,,'herof, and all other legal and incidental expenses in :
connectiol with such receivership, subject to court approval,
shall be1 1' first lien on the revenues of such water system as long
ns they tre, in the control of such receiver. When all defaults of '
the Cnty ,1ishall have been cured and made good, such receiver-
ship s911ll ,be terminated by an order of the court which ap-
pointed t1i1)'1i receiver.
Itth.i .. :. 1 .._
5 ,





Th, e provisions of this section are intended to and shall be
constrio'd e,,, insuring the efficient and economical administration ..
of such wlJlaer system, and the continuance and maintenance of
such wneo.r ystem as a county owned undertaking; and no holder
of txrnd., o r other obligations shall ever have the right to require i : :
the sJ or ortlher disposal of such undertakings in such receivership
pro ry nA" rig.,5,
Se,- 11, Collection of Charges. In the event that the fees,
ren, ,,Ahlrer charges for the services and facilities of said water
sys,t--. dJ not be paid when due, the county may discontinue
S and ai ,odf the supply of the services and facilities of such water
sy.ip.; r1 t e the extent permitted by law, of any other under-
tak.:n.zr.r it, or public works owned operated and controlled
by .. +jW'ty,, to the person, firm, corporation or other body,
pub, w -pr ,,ate, so supplied with such services or facilities, until
sucs~ ~-tv.t:*tals or other charges, including interest, penalties and
atf-,.e W, Ge~e shutting off and discontinuance or the restoration
of l m,. w ces or facilities are fully paid, and for such purposes
rma .4.rnr r yn any lands, waters and premises of such person,
firm *-<,z-.. on, or other body, public or private, within or with-
oSur 1_ oN-,daries of the county. Such delinquent fees, rentals
or e ntqr-r -a.ges, together with interest, penalties and charges for
f the_ :l.+n -off and discontinuance or the restoration of such
ser-,..., r laVilities, and reasonable attorneys' fees and other
exy w.--..~~u-.. ~rr be recovered by the county by suit in a court of
S com.-*;m '.~.," 3isdition. The county may also enforce payment of
such w .. sent fees, rentals, or other charges by any other lawful '"
m e kl. -.. -0_ en orcem ent. :
S!-- "-':- ?' Adminisration of Undertakings. The Board of .
Sour -- J.-rrssioners of Pinellas County may, if deemed desirable, 7r
2501 ,- :< .....r {501
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CHAPTER 29442 LAWS OF FLORIDA

designate a certain officer or certain officers of the county to
have the supervision and management and control of such water <9> .4
system, or of any parts thereof, or to carry out any duties or ,r 4 -
acts relating to said water system, and may make all necessary L, *
rules or regulations governing the use, control, management and a
operation of such water system, or of any parts thereof. f
Section 13. Additional Security of Refunding Bonds. That, as
additional security for any issue of refunding bonds under this &,.
Act, the county may, by resolution of its governing body, confer _
upon the holders of such refunding bonds all rights, powers and '.I**
remedies which said holders would be entitled to if they were *
'~~' the owners and had possession of the bonds or other obligations r'" '
for the refinancing of which such refunding bonds shall have n -
been issued, including, but not limited to, the preservation of the ulL
lien of such bonds or other obligations on the revenues of such I wo
water system without extinguishment, impairment or diminution t
thereof. In the event the county exercises the powers conferred
by this Section 13, each refunding bond shall contain a recital to
the effect that the holder thereof has been granted the additional
security provided for in this Section 13, and each bond or other
obligation refinanced by any such refunding bonds shall be kept I,, _
intact and shall not be cancelled or destroyed until the refunding t()1 a6e
bonds, and the interest thereon, have been finally paid and dis- UmUl-,q
charged, and shall be stamped with a legend to the effect that such str -
bonds or other obligation has been refinanced pursuant to this Act. ,f A.,*qi
Section 14. Bonds Legal Investments. Notwithstanding any I,
provision of any other law or laws to the contrary, all bonds, nM te
including refunding bonds, issued pursuant to this Act, shall con- a .rro .
stitute legal investments for savings banks, banks, trust companies, I*,,, -
executors, administrators, trustees, guardians and other fiduciaries,
and for any board, body, agency or instrumentality of the State of 8***
Florida, or of any county, municipality or other political subdi- ,r -
-vision of said State; and shall be and constitute securities which Llit *
may be deposited by banks or trust companies as security for de- lo\* r-
posits of State, county, municipal and other public funds. iart
Sections 15. Undertakings and Revenues Exempt from Taxa- ph)z .:
tion. That so long as the county shall own such undertakings, all that
property of and all revenues derived from such undertakings, in- (, li,*t *'
eluding all parts thereof heretofore or hereafter constructed or |r,,,.. _
2502




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LAWS OF FLORIDA CHAPTER 29442
county to I
such water acquired, shall be exempt from all taxation by the State of Florida,
duties or or by any county, municipality or other political subdivision thereof. i
dunecties osary Bonds or other obligations, including refunding bonds, issued pur-
l ment and suant to this Act, shall together with the income therefrom, be .
,.m adexempt from all taxation by the State of Florida, or any county, i:
"municipality or other political subdivision thereof.
That, as
under this Section 16. Monies of Undertakings. That the monies of the :
ud, confer county derived from such undertakings, after bonds or other obli-
olwers and gations have been issued pursuant to this Act, shall be deposited
tewer adin one or more banks or trust companies in a special account or
they were ;
obligations accounts and shall constitute trust funds to be administered solely
shall have in accordance with the provisions of the resolution or resolutions
tion of the authorizing bonds or other obligations pursuant to this Act, and
.es of such any holder or holders of bonds or other obligations issued pur-
ieinution suant to this Act, or the coupons appertaining thereto, shall have
conferred a lien on said trust funds to the extent and in the manner pro-
recital to vided in the resolution or resolutions authorizing the issuance of
Sadditional such bonds or other obligations. .
additional
d or other Section 17. Grants and Contributions. The county shall have
ill be kept power to contract with any person, private or public corporation,
Srefunding the State of Florida, or any agency, instrumentality, or county,
d and dis- municipality or political subdivision thereof, or any agency, in-
t that such strumentality or corporation of or created by the United States I .
o this Act. of America, or the United States of America, with respect to
iding any such undertakings, or any part thereof, and shall also have power
all bonds, to accept and receive grants or loans from the same, and in con-
.shall con- nection with any such contract, grant or loan, to stipulate and
companies, agree to such covenants, terms and conditions as the governing '
fiduciaries, body of the county shall deem appropriate.
.ie State of Section 18. Lease of Facilities. That, subject to covenants
ical subdi- or agreement with bondholders contained in proceedings author-
ties which izing the issuance of bonds pursuant to this Act, the county shall
.ity for de- have power to lease any of such undertakings, or any part or
s. parts thereof, to any person, firm, corporation, association or body,
iom Taxa- upon such terms and conditions and for such periods of time as
makings, all shall be determined by the governing body; provided, however,
akings, in- that no lease shall be for a period longer than the last maturity
!tructed or of bonds to be issued to finance the undertaking or part or parts
thereof to be so leased. The county shall also, whenever desirable,
2503





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CHAPTER 29442 LAWS OF FLORIDA

have power to grant permits or licenses in connection with any
of the facilities of such undertakings, and shall have full and con- ,
plete power to do all things necessary and desirable for the proper
and efficient administration and operation of such undertakings,
and all parts thereof. The county shall also have power, whenever
deemed necessary or desirable, and subject to covenants and t
agreements with bondholders, to lease from any person, firm, cor- ,',
portion, association or body, any facilities of any nature for such
undertakings. i, ,
Notwithstanding any contrary provisions of any other law or
laws, all the powers contained in this section may be exercised
by resolution of the governing body of the county, which resolu- ":
tion may be adopted at the same meeting at which it is introduced,
and need not be published or posted. Such leases, permits, licenses ...
or agreements may be entered into, or granted with or without
advertisement, and upon such conditions as shall be determined
by the governing body of the county.
Section 19. Services Rendered to the County. That charges ", -
shall be made for any facilities or services rendered by such un-
dertakings to the county, or to any department or works thereof,
at the rate or rates applicable to other customers or users taking
facilities or services under similar conditions. Revenues derived
from such facilities or services furnished by the county shall be
treated as all other revenues. ..
Section 20. Consent of State Agencies. That it shall not be
necessary for the county, in proceeding under this Act, to obtain :,
any certificates of convenience or necessity, franchise, license, .., +
permit, or other authorization from any bureau, board, commis- ,.
sio nor other like instrumentality of the State of Florida in order i
to construct, acquire, or improve such undertakings, or to exercise .
any of the powers granted in this Act.

Section 21. Regulation by State Agencies. That the fees,
rentals, or other charges to be established and collected for the
facilities and services of such undertakings, when constructed, ac- "
quired or improved as provided in this Act, shall not be subject to .....
supervision, regulation or control of any bureau, board, commis-
sion or other like instrumentality of the State.

Section 22. Covenants of the State. That the State of Florida
2504







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LAWS OF CHAPTERR 29443
any hereby covenants with the hold 4lict there-
corn- tions issued pursuant to this P 0 o
oper thereto, that it will not in any rr0.
wings, obligation vested by this Act i >
ever collect, in the manner provide'
and other charges for the facilities
cor- and to revise the same from ti
such will always be sufficient, toge
to pay the expenses of operati
undertakings, the principal of ancd nLteeu ....
'v or obligations issued pursuant to this Act for such undertakings, anu
::ised
ise to comply fully with and fulfill the terms of all agreements and
101U-
olu- covenants made by the county with holders of such bonds or other
ced, obligations, until all such bonds or other obligations, together with
,ses all interest accrued or to accrue thereon, and all costs or expenses
,,out in connection with any action or proceedings by or on behalf of
rned the holders of such bonds or other obligations are fully paid and

discharged, or adequate provision made for the payment or dis-
rges charge thereof.
un-
of, Section 23. Act Additional And Complete Authority. That the
'eof,
ng powers conferred by this Act shall be in addition and supplemental
ved to the existing powers of the county, and this Act shall not be
ibe construed as repealing any of the provisions of any other law,
general or local, but to provide an alternative and complete method
for the exercise of the powers granted in this Act. Such under-4
Sbe takings may be constructed, acquired or improved, and bonds or
Slain other obligations issued pursuant to this Act without regard to or i
itse, necessity for compliance with the limitations or restrictions con-
nis- stained in any other general, special or local law, including, but
ter not limited to, any requirement for the approval by the freeholders
!ise or voters of the county for the exercise of any of the powers
provided for in this Act.
es, Section 24. Separability of Provisions. That if any section,
he clause, sentence or provision of this Act, or the application of such
ac- section, clause, sentence or provision to any persons, bodies or
; to circumstances, shall be held to be inoperative, invalid or uncon-
ais- stitutional, the invalidity of such section, clause, sentence or pro-
vision shall not be held, deemed or taken to affect the application
of any of the provisions of this Act to persons, bodies, or circum-
"da

2505














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CHAPTER 29443 LAWS OF FLORIDA

stances other than those as to which it, or any parts thereof, shall this Act and,
have been held inoperative, invalid or unconstitutional. with.
Section 25. The powers granted by this Act shall be in ad- Be It Enactd 1
edition to the powers granted county commissioners under any
other law, including, but not limited to, Chapter 20066, Laws of Section 1. I),:lF
Florida, Acts of 1939 and Chapter 17644, Laws of Florida, Acts ply in the inter p,,<
of 1935, and this Act shall not limit or restrict the powers thereby A. MILK. ,
granted or the Acts done thereunder. obtained by th,. 0. ,
Section 26. Notice of intention to apply for the passage of this eluding that obht. .
Act by the Legislature has been published as required by Section or such lonwr },r.
21 of Article III of the Constitution of the State of Florida, and practically (1l.,:,,,
affidavit and proof of such publication, together with a true copy cent of milk :>.:,,
of such notice, was duly attached to this Act when the Bill therefore fat.
was introduced in the Legislature as required by Sections 11.02 B. MILK g
and 11.03 of the Statutes of Florida, and the Legislature hereby the fat of ,il ,
declares that said notice and affidavit aforesaid are sufficient in
form and substance, and that said Section 21 of Article III of the C. CIEA! t.l
Constitution and Sections 11.02 and 11.03 of the Statutes of Florida which cenr;.tt., .4 i
have been complied with in every respect. cream the, n-. tr
Section 27. Time of Taking Effect. That this Act shall take
effect immediately upon its passage and approval by the Governor L <|
or upon its becoming a law without such approval. Light cn..
less t ha n :H0 I"* "i!
Became a law without the Governor's approval.
Filed in Office Secretary of State June 15, 1953. contain s rr **. L
C-3, li,.*
whipping ,mam
CHAPTER 29443
HOUSE BILL NO. 1833 Heavy
AN ACT defining "Milk" and certain "Milk Products" "Milk Pro- contn, ,. a .
ducer", "Pasteurization" etc., in Pinellas County, Prohibiting C-. t( ,.
the sale of adulterated and/or misbranded milk and milk pro- of a t,.w,* **
ducts, requiring permits for the sale of milk and milk products, pr jn, -.
regulating the inspection of dairy farms and milk plants, the
examination, grading, labeling, placarding, pasteurization, regard- CC. ; *' ..
ing distribution, and sale of milk and milk products, providing n hIr,, '.
for the publishing of milk grades, the construction of future I l,, ''" :
dairies and milk plants, providing penalties for the violation of .-u.t ,/, !
2506 : -














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