Title: Letter from Myron G. Gibbons enclosing copy of citation of the authority of the City of St. Petersburg
CITATION PAGE IMAGE
Full Citation
STANDARD VIEW MARC VIEW
Permanent Link: http://ufdc.ufl.edu/UF00052631/00001
 Material Information
Title: Letter from Myron G. Gibbons enclosing copy of citation of the authority of the City of St. Petersburg
Alternate Title: Letter from Myron G. Gibbons to Honorable John R. Culbreath enclosing copy of citation of the authority of the City of St. Petersburg to condemn lands outside the city
Physical Description: 7p.
Language: English
Publication Date: February 17, 1971
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
General Note: Box 5, Folder 10 ( SF LEGISLATION ), Item 14
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: UF00052631
Volume ID: VID00001
Source Institution: University of Florida
Holding Location: Levin College of Law, University of Florida
Rights Management: All rights reserved by the source institution and holding location.

Full Text







GIBBONS, TUCKER, MCEWEN, SMITH, COFER & TAUB
ATTORnEYS AND COUNSELLORS AT LAW

606 MADISON STREET, P. O. BOX 1368
M. G. GIBBONS, 1862-1939
TAMPA, FLORIDA 33601 GUTBY GIBBONS, 1896-1970
ARTHUR S. GIBBONS JOHN A. GUTTON, JR.
SAM M. GIBBONS C. GILBERT PIERCE
February 17, 1971 MYRON G. GIBBONS 'LESTER M. BLAIN
WM. EARLE TUCKER PHILIP R. LAZZARA
JAMES M. McEWBN JACQUEIINE B. WHATLET
ARMIN H. SMITH, JR. JOHN PHILLIP SHORT
JOSEPH B. COFER ROBRRT M. CASELLA
THEODORE C. TAUB J. MICHAEL FORD
E. BRADFORD MILLER
IN REPLY REIER TO



Honorable John R. Culbreath
Route 4, Box 70
Brooksville, Florida


Dear John:


Pursuant to your request, I am enclosing a copy of the citation
of the authority of the City of St. Petersburg to condemn lands
outside the city. The particular section which authorizes this
condemnation is outlined in red. You will note that this is the
Act which created the City of St. Petersburg back in 1931.


I am also enclosing a copy of the Act which authorizes Pinellas
County to condemn outside the city.


If there is anything further which you would like to have in this
regard, please let me know.


Sincerely,





M on G. G ibbons



MGG:rc
ends.




















CHAPTER 29442 LAWS OF FLORIDA

cedure, and for violations thereof any violator shall be deemed State
guilty of a misdemeanor and upon conviction thereof, shall be issued
punished as provided for conviction of a misdemeanor. dertaki
sioner
Section 4. Should any word, phrase, clause or part of this law sale of
be declared to be unconstitutional, it shall not in anywise or in o
provide
any manner effect the other parts thereof. tion or
Section 5. This act shall take effect immediately upon its be- the sul
coming a law. of the
ofand cC
Became a law without the Governor's approval. of the
Filed in Office Secretary of State June 15, 1953. date o
Slie It Eni
CHAPTER 29442 Sectioi
HOUSE BILL NO. 1821 which is
its water
AN ACT amending Chapter 20066, Acts of 1939, Laws of Florid;a., cedure tl
which is An Act authorizing Pinellas County, Florida, its Boardl provision
of County Commissioners to enlarge its water supply and dis- supplems
tribution system and prescribing the procedure therefore and t1.' of Couni
financing thereof by providing for the right of eminent doman, tive their
for water and water system expansion or improvements pur- and Loc:
poses; by providing for the establishment, fixing and collccti ,l,
of fees, rentals or other charges for the facilities and service' Sectior
.of said water system; by providing for the powers of the B'mr, a differe
of County Commissioners to finance said system by issuit"' (1I) T1
bonds or revenue certificates to finance the cost of the constrttu proverr
a tion, acquisition or improvement of such undertaking, said bold thereto.
or revenue certificates to be payable from the fees, rentals ,,r
other charges received from such water system and to pledge su'ch ('2) Ti
fees for the bonds or revenue certificates authorized by this A't. (3) Th
:::. Providing for the terms and conditions of bonds or revenue ce,- C(Xunty (
f tificates issued pursuant to this Act and of the rights and riti'l wich n
t .dies of the holders thereof: authorizing the discontinuance of thelT
services and facilities of such water system for the nonpa\'l,'ul't (41 T
5 of fees, rentals or other charges therefore: providing for recent,'" t',ued p'
of such undertakings on default of the Board of County C,," I"ds, p'
missioners in the payments of such bonds or revenue certificate rv'\nues
issued to finance said water system or of covenants with h1,,,, fuuds pr
holders in connection therewith; providing for covenant 'f t'" Cnt
1 2490


Ly,-~ l



















)A LAWS OF FLORIDA CHAPTER 29442

violator shall be deemed State of Florida with respect to the rights of holders of bonds
eviction thereof, shall be issued pursuant to this Act; providing for the lease of said un-
aisdemeanor. dertakings or any part thereof by the Board of County Commis-
"lause or part of this law sioners and the terms and conditions thereof; providing for the
all not in anywise or in sale of bonds issued pursuant to this Act and the manner thereof;
l providing the power to contract with any person, firm, corpora-
tion or municipal corporation or governmental body relative to
immediately upon its be- the subject matter of this Act: and providing for additional powers
of the Board of County Commissioners to enter into agreements
approval. and contracts relative to the acquisition of a source or sources
of the supply of said water system: providing for the effective
15, 1953. date of this Act.
Be It Enacted by the Legislature of the State of Florida:
Section 1. That Chapter 20066, Acts of 1939, Laws of Florida,
821 which is an act authorizing Pinellas County, Florida to enlarge
its water supply and distribution system and prescribing the pro-
)f 1939, Laws of Florida, cedure therefore and the financing thereof by adding the terms and
county, Florida, its Board provisions as hereafter set out in this act thereto, this act being
s water supply and dis- supplementary to and of cumulative effect and giving the Board
cedure therefore and the of County Commissioners additional powers and authorities rela-
right of eminent domain tive thereto, as provided for in said act and by the General, Special
1 or improvements pur- and Local Laws of Florida, as is hereafter provided.
bnt, fixing and collection
ie facilities and services Section 2. Definitions.-That whenever used in the Act, unless
the powers of the Board a different meaning clearly appears from the context.
said system by issuing (1) The Term, "Undertaking", shall mean the extensions or
the cost of the construc- improvements of water systems and all other facilities incidental
Undertaking, said bonds thereto.
rom the fees, rentals or
system and to pledge such (2) The Term, "County", shall mean Pinellas County, Florida.
s authorized by this Act;
-f bonds or revenue cer- (3) The term, "Governing Body", shall mean the Board of
of the rights and reme- County Commissioners of said County or any other board or body
he discontinuance of the which may hereafter be charged with the governing of said County.
tern for the nonpayment (4) The term, "Bonds", shall mean bonds or revenue certificates
r: providing for receiver issued pursuant to this Act, such bonds shall only be revenue
Board of County Corn- bonds, payable as to both principal and interest, solely from the
Is or revenue certificates revenues derived from such water system and the other special
of covenants with bond funds provided for in this Act. The full faith and credit of said
ling for covenant of the County shall never be pledged for such revenue bonds and ad

2491























CHAPTER 29442 LAWS OF FLORIDA

valorem taxes on real estate shall never be levied unless other- )incect.m v,
wise provided by resolution of the Board of County Commissioners poses of this
in exercising its power and authority as provided for in Section
7, of Chapter 20,066, Laws of Florida, Acts of 1939, for the pay- (2) T o
:. ment of the principal or interest on said revenue bonds, and such lste and for
revenue bonds shall not constitute an indebtedness of Pinellas id ma .a'
-.% :.? County within the meaning of any constitutional, statutory or
other lawful limitation, or for any other purpose, and such rve- wit t e
Snue bonds shall not be or constitute general obligation bonds of tlie fac: e
said County. No referendum or election shall be required for the (3: T
-_| issuance of such revenue bonds except in such cases as such refer- fininc.r
':' ... i endum or election may be required by the Constitution of the l..s Av .-
i *;': i State of Florida. Such revenue bonds shall not be subject to any cnls.tru .: .
.-. : ': statutory or other limitation of indebtedness of said County and 'ih B-"
.such bonds shall be fully deductible in the computation of any a.iy in
S: ... ]' 3 limitation of indebtedness of said County provided by any law nl,
"" ;,:^ '' J I or laws. :t :
:., Section 3. Declaration of policy.-That the undertakings enum-
i*",e crated in Section 2 hereof constitute a proper County purpose for
"B"tE ": the benefit and welfare of the inhabitants of said County and it
-:.- : is hereby found and declared that in the construction, acquisition,
,... "improvement, maintenance and operation of any or all of said f'.
S. i undertakings, said County will be exercising a proper govern-
i i mental function.
S. Section 4. Powers of the County.-That in addition to powers ih '
J t which it may now have, Pinellas County shall have power under oth
this Act;

Sj ; (1) To construct, acquire, improve, maintain and operate suc ,, ,,
water system within or without the territorial boundaries of thli'
/^'f~: i i County and to acquire by gift, purchase or the exercise of the
St right of eminent domain lands or rights in lands or water rights in.
connection therewith and any of the property, real or personal,
tangible or intangible, necessary, desirable or convenient for said .t
,;. undertakings; to contract for sites for water and water rights
,17. I'. 7 :.j ?and the use of land, by lease or otherwise under such terms and (, .
conditions and for such periods and for such considerations ;s
""* "! i { the Board deems advisable and in the best interest of Pinellas (5ji
'' i County, this act specifically validating and confirming any s1i' h ltI. .
.: | contracts, conveyances or obligations heretofore entered into in fi. ,-
... 22492





"- 4 i. ^ *-
,- -* ? ..^^ :I.'-Lf -I:JfW I^W^-ft^ -OT"- -^itswh-iyiw'w -* V^ :** RfyK^'3a .^I~I

















i : : ... .



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 I,
tcse and for use and benefit of its inhabitants and also to operate
aind maintain such water system for use and benefit of persons,
firms, corporations and public agencies or bodies located wtihin or
withoutt 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
c',nstiruction, 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
Minds, all engineering, inspection, fiscal and legal expenses, all
c.Ists of preliminary surveys, plans, maps and specifications, in-
ie'rst which it is estimated will accrue during the construction
1)4,eiod 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, finns, partner-
.,hips 0or associations employed or consultants, advisors, engineers or
f:.al, financial or other experts in the planning, preparation, su- .
l'rvision and financing of such water system. The County is hereby
"itthorized to employ and to enter into agreements or contracts
"with consultants, advisors, engineers, attorneys or fiscal, financial
"I,' other experts for the planning, preparation, supervision and
r"Incing of such water system or any part thereof upon such terms
.,1)! conditions as to compensation and otherwise as the Board
"4 County Commissioners shall deem desirable and proper. -
(I) To prescribe, fix, establish and collect fees, rentals or other
',a,es; for the facilities and services furnished by such water
S'"t'(m, 01or any part thereof, either heretofore or hereafter. con-
'Ilitcted or acquired on an equitable basis; provided, however,
t)hat such fees, rentals or other charges, or any revision thereof,
liall Ibe fixed and established by Resolution of the Board of
("'(bty Commissioners in said County.
(S) To pledge to the punctual payment of bonds pursuant to .
l: Act, and interest thereon, an amount of the revenue derived
[fro" the facilities and services of such water system, including
2-193 '



,4i,-
,2..~
: , ..




















LAWS OF FLORIDA 1643

Section 2. The said tax herein provided for shall be asses-
sed, levied and collected at the same time and in the same
manner as other State and County taxes are assessed, levied
"and collected.

"* Section 3. The provisions of this Act shall become effec-
Ld tive, and the same shall be in force and effect only upon
and after the approval of the same by a majority of the
qualified voters of St. Lucie County, Florida, who are free-
holders therein, to be expressed in an election held in said
County after notice thereof, published once a week for four
consecutive weeks, for the special purpose of the ratification
ts or rejection thereof, to be called within sixty (60) days after
a the adjournment of the regular session of the Legislature of
the State of Florida, Session 1931, or within sixty (60) days
after the passage of this Act, and it is hereby made the duty
of the County Commissioners of the said County of St.
"Lucie to call and to provide for the holding of such election,
which election shall be held in accordance with the laws now
in force governing elections held in the County of St. Lucie.

tors Approved June 15, 1931.

er
a.d CHAPTER 15505-- (No. 867).

id AN ACT to Abolish the Present Municipality of the City of
St. Petersburg, in Pinellas County, Florida; to Create and
Establish a New Municipality to be Known as the City of
St. Petersburg, in Pinellas County, Florida, and to Fix the
Boundaries and Provide for the Government, Powers and
St Privileges of Said City and Means for Exercising the Same;
ar and to Authorize the Imposition of Penalties for the Vio-
on lation of Ordinances; and to Ratify Certain Acts and
ot Proceedings of the Commission and of the Officers of Said
inCity; and to Repeal All Laws and Ordinances in Conflict i
81 Herewith.
he Be It Enacted by the Legislature of the State of Florida:
Id, Section 1. The inhabitants of the City of St. Petersburg,
ula Florida, within the boundaries hereinafter designated, or
within such boundaries as may hereafter be established, shall






; .. .:~ .
















"LAWS OF FLORIDA 1647

16) no tax on the bonds of the City, or other evidence of City
33), indebtedness.
'ast (c) To impose license taxes upon privileges, businesses,
:rth occupations and professions carried on and engaged in within
tion the City; and the amount of such taxes shall not be dependent
6nge upon the general State revenue law.
said (d) To impose special or local assessments for local
said improvements as hereinafter provided, and to enforce pay-
rees ment thereof.
May; (e) Subject to the provisions of this Charter and of the
lain Constitution of Florida, to contract debts, borrow money and
I of make and issue evidences of indebtedness.
ibed (f) To expend the money of the City for all municipal
a. purposes.
OF (g) To issue bonds to carry out the authorized powers
or purposes of the City; provided, that in the creation of
bonded indebtedness the procedure therefore shall be in con-
)wn,
ere- formity with the Constitution and Laws of Florida.
ere-
hall (h) To have the right and power of eminent domain for-
trs, the purpose of condemning lands and their appurtenances in
I or accordance with the Laws of Florida, either within or without
ipal the corporate limits of the City.
the (i) To acquire by purchase, condemnation or otherwise,
'red take, hold, lease, sell, grant, convey and encumber such real
Sas and personal or mixed property, or interest therein, whether
the within or without the limits of the city as may be necessary
illy for any of the purposes of the city, and to improve, sell, lease,
;aid mortgage, pledge or otherwise dispose of same, or any part
low thereof, including real estate or any interest therein not
ion. necessary or required for public use or that may have become
ent unsuitable for public use, to the same extent that a natural
or person may do, either with or without referendum vote as
the \ may be provided by ordinance, provided, however, that there
St. shall be no sale or lease of any public utility except subject
to the provisions of this charter hereinafter prescribed.
aid V TWT6 -ceive bequests, gifts and donations of all kinds
'ro- of property, in fee simple or in trust, for public, charitable or
ity, other purpcee, and to do all things and acts necessary to
tnd carry out the purpose of such gifts, bequests and donations,
Lnd with power to manage, sell, lease or otherwise handle or
rse dispose of the same in accordance with the terms of the
gifts, bequests or donation.







,'.
- :',..o, ,- 1; .. .;] -,
.:, . .. .. .- .: . "" + ' c . : ' :. .. .+: .. .





University of Florida Home Page
© 2004 - 2010 University of Florida George A. Smathers Libraries.
All rights reserved.

Acceptable Use, Copyright, and Disclaimer Statement
Last updated October 10, 2010 - - mvs