Title: Opinion File 78-12 thru 78-23
CITATION THUMBNAILS PAGE IMAGE ZOOMABLE
Full Citation
STANDARD VIEW MARC VIEW
Permanent Link: http://ufdc.ufl.edu/WL00003528/00001
 Material Information
Title: Opinion File 78-12 thru 78-23
Physical Description: Book
Language: English
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: Buddy Blain's Collections - Opinion File 78-12 thru 78-23
General Note: Box 14, Folder 5 ( Opinions 1976 - 1977 - 1976 - 1977 ), Item 80
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: WL00003528
Volume ID: VID00001
Source Institution: Levin College of Law, 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

(3. 03


-I REC / -12
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT INTEEy WORDS: t_______
DATE:
TO: '; 'e P
FROM: JAY T. AHERN, Staff Atamwn y
RE: C40<( &jK J~ "Wigt 4- *AZjfs i~~J~L"W~~~r"LR~ (I-4iu b+'-n A&4ZA ,d~L(ZC et~~L~tl~C/f:


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RECI'YE8-13

JUL 2 8 1978
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT OFFICE MEMO

DATE:
TO:
o: JUL, r
FROM: E. D. VERGARA, Director, Deprtment of Interagency Coordination
RE: ,




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-_ 4Ce^J~78-14
S SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT. OFFICE MEMORANDUM
Iw/ L 2 8 1978
DATE: I .. C
TO: / )- o 7//
FROM: E. D. VERGARA, Director, Department of Interagency Coordination 1961
RE:


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WATER AND SEWER SYSTEMS


necessary or incident to the financing herein author-
ized. Any obligation or expense heretofore or hereaf-
ter incurred by the county in connection with any of
the foregoing terms of cost may be regarded as a part
of such cost and reimbursed to the county out of the
proceeds of bonds issued under the provisions of this
chapter.
(9) The term "water revenue bonds" shall mean
special obligations of the county which are payable
solely from water service charges and which shall in
no way pledge the property, credit, or general tax
revenue of the county.
(10) The term "sewer revenue bonds" shall mean
special obligations of the county which are payable
solely from sewer service charges and which in no
way pledge the property, credit, or general tax reve-
nue of the county.
(11) The term "general obligation bonds" shall
mean general obligations of the county which are
payable from unlimited ad valorem taxes or from
such taxes and additionally secured by a pledge of
water service charges or sewer service charges or
special assessments, or all of them.
(12) The word "bonds" shall include water reve-
nue bonds, sewer revenue bonds, and general obliga-
tion bonds.
(13) The word "sewage" shall include any sub-
stance that contains any of the waste products, ex-
crement or other discharge from the bodies of hu-
man beings or animals as well as such other wastes
as normally emanate from dwelling houses.
History.- 2. ch 29837. 1955

153.03 General grant of power.-Any of the
several counties of the state which may hereafter
come under the provisions of this chapter as herein-
after provided is hereby authorized and empowered:
(1i To purchase and/or construct and to improve,
extend, enlarge, and reconstruct a wter supply sys-
tem or systems or sewage disposal system or systems,
th h suc count nv
y or co end to purchase and/or construct or
reconstruct water system improvements or sewer
improvements, or both, within such county and any
adjoining county or counties and to operate, manage
and control all such systems so purchased and/or
constructed and all properties pertaining thereto
and to furnish and supply water and sewage collec-
tion and disposal services to any of'such counties and
to any municipalities and any persons, firms or cor-
porations, public or private, in any of such counties;
provided, however, that none of the facilities provid-
ed by this chipllr may b' constructed, owned, oper-
ated or maintaineT by the county on property locat-
ed within the corporate limits of any municipality
without the consent of the council. commission or
body having general legislative authority in the gov-
ernment of such municipality unless such facilities
were owned by the county on such property prior to
the time such property was included within the cor-
porate limits of such municipality. No county shall
furnish any of the facilities provided by this chapter
to any propertlrdyalready being finished like fhcili-
ties by any municipality without the express consent
of the council, commission or body having general
legislative authority in the government of such mu-
nicipality.


(2) To issue water revenue bonds and/or sewer
revenue bonds or general obligation bonds of the
county to pay all or a part of the cost of such pur-
chase and/or construction or reconstruction.
(3) To fix and collect rates, fees and other charges
for the service and facilities furnished by any such
water supply system or water system improvements
and sewage disposal system or sewer improvements
and to fix and collect charges for making connections
with the water system of the county.
(4) To receive and accept from the federal gov-
ernment or any agency thereof grants for or in aid
of the planning, purchase, construction, reconstruc-
tion, or financing of any facility and to receive and
accept contributions from any source of either mon-
ey, property, labor, or other things of value to be
held, used, and applied only for the purpose for
which such grants and contributions may be made.
(5( To acquire in the name of the county by gift,
purchase as hereiaer provided or by the exercise
of the right of eminen-t aZ[mait such lands and
rights and interests therein, including lands under
water and riparian rights, and to acquire such per-
sonal property as it may deem necessary for the effi-
cient operation or for the extension of or the im-
provement of any facility purchased or constructed
under the provisions of this chapter and to hold and
dispose of all real and personal property under its
control; provided, however, that noount shall
have the right to exercise the right of minpnt -
main over any suc handss or rights or interests
therein or any personal property owned by any mu-
nicipality within the state nor to exercise such right
with respect to any privately owned water supply
system or sewage disposal system including without
limitation ponds, streams and surface waters consti-
tuting a part thereof, provided any such system is
primarily used, owned or operated by an industrial
or manufacturing plant for its own use as a water
supply system or in disposing of its industrial wastes.
(6) To make and enter into all contracts and
agreements necessary or incidental to the perform-
ance of its duties and the execution of its powers
under this chapter and to employ such consulting
and other engineers, superintendents, managers.
construction and accounting experts and attorneys
and such other employees and agents as it may deem
necessary in its judgment and to fix their compensa-
tion.
(7) Subject to the provisions and restrictions as
may be set fbrth in the resolution hereinafter men-
tioned authorizing or securing any bonds issued un-
der the provisions of this chapter to enter into con-
tracts with the government of the United States or
any agency or instrumentality thereof or with any
other county or wan any municipality, private cor-
poration, copartnership, association, or individual
providing for or relating to the acquisition and sup-
plying of water and the collection, treatment and
disposal of sewage.
(8) To acquire by gift or purchase at a price to he
mutually agreed upon, any of the facilities or por-
tions thereof, provided fbr by this chapter, which
shall, prior to such acquisition, have been owned by
any private person, group, firm, partnership, associ-
ation or corporation; provided, however, if the price


Ch. 153


78-15
Ch. 153











WATER AND SEWER SYSTEMS


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for same cannot be agreed upon, the price shall be
determined by an arbitration board consisting of
three persons, one of whom shall be selected by the
board of county commissioners, one shall be appoint-
ed by the private company or corporation, and the
S two persons so selected shall select a third member
of said board; and provided, further, that in the
event said board cannot agree as to the price to be
paid by the said board of county commissioners, then
the board of county commissioners shall exercise the
right of eminent domain.
(9) To enter into agreements and contracts with
building contractors erecting improvements within
any duly platted subdivision within the county, the
terms of which said agreements or contracts may
provide that such building contractors shall install
within such subdivision water mains, lines and
equipment and sewer mains and lines, to be ap-
proved by the county commission, said mains and
lines to run to a point or location to be agreed upon,
at which said point or location said mains and lines
shall be connected to the water supply system or
water system improvements and/or to the sewage
disposal system or sewer improvements of the coun-
ty. In the event such agreements or contracts are
entered into they shall provide that upon the connec-
tion of the mains or lines within the subdivision to
the water or sewer facilities of the county said
mains, lines and equipment running to the various
privately owned parcels of land within such subdivi-
sion shall become the property of the county and
shall become a part of the county water system im-
provements and/or sewer improvements.
(10) To restrain, enjoin or otherwise prevent any
person or corporation, public or private, from con-
taminating or polluting (as defined in s. 387.08) any
source of water supply from which is obtained water
for human consumption to be used in any water sup-
ply system or water system improvement as author-
ized by this chapter, and to restrain, enjoin or other-
wise prevent the violation of any provision of this
chapter or any resolution, rule or regulation adopted
pursuant to the powers granted by this chapter; pro-
vided, however, that this chapter shall not apply to
or affect any existing contract that a municipality
may have for water or sewage disposal without the
consent of both parties to said contract but this sub-
section shall not authorize the institution or prose-
cution of any proceeding hereunder nor the adoption
of any resolution, rule or regulation which shall in
anywise affect the right of any industrial or manu-
facturing plant to discharge industrial waste into
any nonnavigable or navigable waters unless such
waters are now being used or are hereafter used
hereunder as a source of water for human consump-
tion and unless the industrial wastes of any such
plant are not being discharged into such waters prior
to the time that action is taken by the commission
under this chapter to include such water as a part of
any water supply system.
(11) To acquire by gift or purchase, at such price,
and upon such deferred or other terms, as may be
mutually agreed upon, all the capital stock of any
domestic or foreign corporation which, prior to such
acquisition, shall have owned or operated any of the
facilities or portions thereof provided for by this


Ch. 153


Ch. 178-16


chapter; to pledge the revenues from the facilities as
security for payment of the purchase price for said
stock; and to operate the facilities through the corpo-
ration so acquired or to dissolve said corporation and
operate the facilities in any other manner author-
ized by law.
History.-s. 3, ch 29837, 1955 s. 1, ch. 57-774; as. 1. 2, ch 57-1985; s. 1. ch.
77-187
f. s 387 08 Penalty for deposit of deleterious substance in lakes, streams.
rivers, ditches, etc

153.04 Construction of water supply systems,
water system improvements, sewage disposal
systems, and sewer improvements.-Whenever
the county commission of any of the several counties
of the state by resolution chooses to exercise the
powers granted by this chapter it shall make or
cause to be made such surveys, investigations, stud-
ies, borings, maps, plans, drawings and estimates of
costs and of revenues as it may deem necessary to
prepare or have prepared so that such county com-
mission shall have available to it a comprehensive
study and report setting forth either or both of the
following:
(1) The type and estimate of costs of each water
supply system, the purchase or construction of
which shall be deemed by it to be desirable and feasi-
ble, together with the location thereof, and of each
integral part, and also setting forth what water sys-
tem improvements, if any, it deems necessary to pur-
chase or construct to protect the health of and
render fire protection to the inhabitants of the coun-
ty, together with the location by terminal points and
route of each such improvement, a description there-
of by its material, nature, character and size and an
estimate of the cost of its purchase or construction.
(2Xa) The type of treatment and estimate of cost
of each sewage disposal plant or system, the pur-
chase, or construction of which shall be deemed by
the county commission to be desirable and feasible,
together with the location thereof and of each inte-
gral part, and also setting forth what sewer improve-
ments, if any, it deems necessary to purchase or con-
struct to protect the health of the inhabitants of the
county, together with the location by terminal
points and route of each such improvement, a de-
scription thereof by its material, nature, character,
and size and an estimate of the cost of its purchase
or construction.
(b) If such study and report reveals, or if it is a
fact that any parcel, plot or area of land proposed to
be served by county-owned and operated facilities as
contemplated by this chapter is being served or there
is available to it for service such facilities which are
owned and operated by private individuals, copart-
nerships, corporations or associations, then the
county is hereby prohibited from furnishing the fa-
cilities provided by this chapter to such property
without the written consent of the owner or owners
of such privately owned facilities.
(c) The obtaining of such surveys, investigations,
studies, borings, maps, plans, drawings and esti-
mates is hereby declared to be a county purpose and
the costs thereof may be paid out of the general
funds of the county.
(d) Upon receipt of such report the county com-
mission may authorize the purchase and/or con-







78-17



153.02 COUNTY ORGANIZATION, ETC. Title 11 Ch,
or

Historical Note CO
Derivation:
Laws 1955, c. 29837, 2. ag
Cross References CO
re

County water and server district law definitions, see 153.52.
Water and sewer system regulatory law definitions, see 367.02.
pl
ti:

153.03 General grant of power
Any of the several counties of the state which may hereafter he
come under the provisions of this chapter as hereinafter provided d,
are hereby authorized and empowered: l i
(1) To purchase and/or construct and to improve, extend, en- s(
large, and reconstruct a water supply system or systems or sew- ti
age disposal system or systems, or both, within such county and P
any adjoining county or counties and to purchase and/or construct a
or reconstruct water system improvements or sewer improve- il
ments, or both, within such county and any adjoining county or r
counties and to operate, manage and control all such systems so 0
purchased and/or constructed and all properties pertaining there- a
to and to furnish and supply water and sewage collection and dis- r
posal services to any of such counties and to any municipalities
^ and any persons, firms or corporations, public or private, in any
of such counties; provided, however, that none of the facilities
provided by this chapter may be constructed, owned, operated or
maintained by the county on property located within the corporate
limits of any municipality without the consent of the council, com-
mission or body having general legislative authority in the gov-
ernment of such municipality unless such facilities were owned
by the county on such property prior to the time such property
was included within the corporate limits of such municipality.
No county shall furnish any of the facilities provided by this chap-
ter to any property already being furnished like facilities by any
municipality without the express consent of the council, commis-
sion or body having general legislative authority in the govern-
ment of such municipality;
(2) To issue water revenue bonds and/or sewer revenue bonds
or general obligation bonds of the county to pay all or a part of
the cost of such purchase and/or construction or reconstruction;
(3) To fix and collect rates, fees and other charges for the
service and facilities furnished by any such water supply sys-
tem or water system improvements and sewage disposal system
370








78-1



Ch. 153 WATER AND SEWER SYSTEMS 153.03
or sewer improvements and to fix and collect charges for making
connections with the water system of the county;
(4) To receive and accept from the federal government or any
agency thereof grants for or in aid of the planning, purchase,
construction, reconstruction, or financing of any facility and to
receive and accept contributions from any source of either money,
property, labor, or other things of value to be held, used, and ap-
plied only for the purpose for which such grants and contribu-
tions may be made;
(5) To acquire in the name of the county by gift, purchase as
hereinafter provided orpy the exercise of the riht of eminent
oma such lands and rights and interests therein, including
lands under water and riparian rights, and to acquire such per-
sonal property as it may deem necessary for the efficient opera-
tion or for the extension of or the improvement of any facility
purchased or constructed under the provisions of this chapter
and to hold and dispose of all real and personal property under
its control; provided, however, that no county shall have the
right to exercise the right of eminent domain over any such lands
or rights or interests therein or any personal property owned by
any municipality within the state nor to exercise such right with
respect to any privately owned water supply system or sewage
disposal system including without limitation ponds, streams and
surface waters constituting a part thereof, provided any such
system is primarily used, owned or operated by an industrial or
manufacturing plant for its own use as a water supply system
or in disposing of its industrial wastes.
(6) To make and enter into all contracts and agreements neces-
sary or incidental to the performance of its duties and the ex-
ecution of its powers under this chapter and to employ such con-
sulting and other engineers, superintendents, managers, construc-
tion and accounting experts and attorneys and such other em-
ployees and agents as it may deem necessary in its judgment and
to fix their compensation;
(7) Subject to the provisions and restrictions as may be set
forth in the resolution hereinafter mentioned authorizing or se-
curing any bonds issued under the provisions of this chapter to
enter into contracts with the government of the United States
or any agency or instrumentality thereof or with any other coun-
ty or with any municipality, private corporation, co-partnership,
association, or individual providing for or relating to the acquisi-
tion and supplying of water and the collection, treatment and dis-
posal of sewage;









153.03 COUNTY ORGANIZATION, ETC. Title 11

(8) To acquire by gift or purchase at a price to be mutually
agreed upon, any of the facilities or portions thereof, provided
for by this chapter, which shall, prior to such acquisition, have
been owned by any private person, group, firm, partnership, as-
sociation or corporation; provided, however, if the price for
same cannot be agreed upon, the price shall be determined by an
arbitration board consisting of three persons, one of whom shall
be selected by the board of county commissioners, one shall be
appointed by the private company or corporation, and the two
persons so selected shall select a third member of said board; and
provided, further, that in the event said board cannot agree as
to the price to be paid by the said board of county commissioners,
then the board of county commissioners shall exercise the right
of eminent domain.
(9) To enter into agreements and contracts with building con-
tractors erecting improvements within any duly platted subdivi-
sion within the county, the terms of which said agreements or
contracts may provide that such building contractors shall install
within such subdivision water mains, lines and equipment and
sewer mains and lines, to be approved by the county commis-
sion, said mains and lines to run to a point or location to be agreed
upon, at which said point or location said mains and lines shall
be connected to the water supply system or water system im-
provements and/or to the sewage disposal system or sewer im-
provements of the county. In the event such agreements or con-
tracts are entered into they shall provide that upon the connection
of the mains or lines within the subdivision to the water or sewer
facilities of the county said mains, lines and equipment running
to the various privately owned parcels of land within such sub-
division shall become the property of the county and shall become
a part of the county water system improvements and/or sewer
improvements; and,
(10) To restrain, enjoin or otherwise prevent any person or
corporation, public or private, from contaminating or polluting
(as defined in 387.08) any source of water supply from which
is obtained water for human consumption to be used in any water
supply system or water system improvement as authorized by
this chapter, and to restrain, enjoin or otherwise prevent the vio-
lation of any provision of this chapter or any resolution, rule or
regulation adopted pursuant to the powers granted by this chap-
ter; provided, however, that this chapter shall not apply to or
affect any existing contract that a municipality may have for
water or sewage disposal without the consent of both parties to
372


--i~l5liSi~C~L~T~ I












WATER AND SEWER SYSTEMS


153.03


said contract but this subsection shall not authorize the institu-
tion or prosecution of any proceeding hereunder nor the adoption
of any resolution, rule or regulation which shall in anywise affect
the right of any industrial or manufacturing plant to discharge
industrial waste into any nonnavigable or navigable waters unless
such waters are now being used or are hereafter used hereunder
as a source of water for human consumption and unless the in-
dustrial wastes of any such plant are not being discharged into
such waters prior to the time that action is taken by the commis-
sion under this chapter to include such water as a part of any
water supply system.


Historical Note


Derivation:
Laws 1957, Ex.Sess., c. 57-1983,
1, 2.
Laws 1957, c. 57-774, 1.
Laws 1955, c. 29837, 3.
Laws 1957, c. 57-774, 1, made sub-
section (1) applicable to any adjoin-
ing county or counties; inserted, in
the first sentence of subsection (1),
the words "and to furnish and sup-
ply In any of such coun-
ties" following "all properties pertain-
ing thereto"; and deleted, from sub-
section (8), the words "within the
county" following "such acquisition,
having been owned".


Laws 1957, Ex.Sess. c. 57-1985, 1 1,
substituted, near the beginning of
subsection (5), the words "by gift,
purchase as hereinafter provided or
by" for "either by purchase or" fol-
lowing "to acquire in tie name of the
county".
Laws 1957, Ex.Sess. c. 57-1985, i 2,
substituted, in subsection (8), "at a
price to be mutually agreed upon" for
"and except as otherwise provided in
subsection (5) of this section, by the
exercise of the right of eminent do-
main" following "to acquire, by gift,
or purchase".


Cross References
Penalty for deposit of deleterious substance in lakes, streams, rivers, ditches,
etc., see 387.08.
Water and sewer system regulatory law generally, see 367.015 et seq.


Law Review Commentaries


Water pollution-Attempts to de-
contaminate Florida Law. Frank E.
Maloney, Sheldon J. Plager, and
Fletcher N. Baldwin, Jr. 20 U.Fla.
L.R. 131 (1967).


Water rights. Frank E. Maloney
and Sheldon J. Ilager, 10 U.Fla.L.R.
294 (1957).


Library References


Counties =>22.
Waters and Water Courses 0=180
et seq.


C.J.T. Counties 50.
C.J.S. Waters 1 230.


373


Ch. 153


78-2














153.03 COUNTY ORGANIZATION, ETC.


I Notes of Decisions


In general I
Water rates 2



I. In general
County had no right to operate Its
water and sewer system in and upon
certain land presently within nunlici-
pal limits of city where, inter alia,
county did not own any water or sew-
er facilities on the property prior to
incorporation, and where private wa-
ter and sewer facilities were available
to serve the area. Broward County
v. Hurwit, App., 216 So.2d 225 (1960).
Portion of statute amending stat-
ute, which authorized Pinellas County
to enlarge Its water and distribution
system, dealing with county's duties
to fix rates for water supplied on an
equitable basis and to revise them
whenever necessary is specific and
mandatory. City of Clearwater v.
Bonsey, App., 180 So.2d 200 (196.).
When S.Acts 1953. e. 21442. s 4,
9, 17 which authorizedPinellas Coun-
ty to enlarge its water and distribu-
ton system was viewed as a whole,
general terms of section empowering
county to contract could not be con-
strued to defeat specific olbligatiois
Imposed on county with regard to
setting and revising of water rates.
Id.
Duty imposed by county to regulate
and revise rates was under statute
both a full power and a continuing
duty which could not be divested by
its contract with city to supply city
with water at five cents per thousand
gallons for minimum quantity of four
million gallons per day for period of
30 years. Id.
Pinellas county, in Installing and
operating water supply system, pro-
ceeded under authority granted by
special acts and not under general act
and was not bound by provisions of
general act for payment to owners of
privately owned water system taken
over by county and prohibiting coun-
ty from furnishing such facilities In
area already served by privately


Title 11


owned water system. Mountain v.
l'incllns county App., 152 So.2d 715
(1963).

Counties otherwise empowered by
special act to install and operate wa-
ter supply system may elect to pro-
ceed thereunder rather than under act
which luIitlorlzes coun tles generally
to provide such facility but requires
adoption of resolution by county com-
missioners electing to proceed under
general act as condition precedents to
exercise of powers therein granted.
Id.

Boards of county commissioners of
the several counties are authorized to
develop a comprehensive plan for the
construction of county-wide water and
sewer systems, and the respective
counties are authorized to accept andt
use federal grants made available for
such purposes. 1901( Op.Atly.C.,
0(16-26, March 18, 1966.

2. Water rates
Although Sp.Acts 1953, 1 4, 9, 17
which authorized Pinellas County to
enlarge its water and distribution sys-
tem empowered county to contract.
county hail no power to bind itself
by contract for 30 years to rate for
supplying water to city, where such
contract precluded necessary exer-
cise of discretion which was imposed
by statute for fixing and revising
rates. City of Clearwater v. Tonsey,
App., 180 So.2d 200 (1965).

Sp.3l.3, c. 29442, $5 4, 9 authorizing
I'inellas County to enlarge its water
and distribution system imposed con-
tinuing duty on county to revise rates
for supplying water to enable water
system to be financially self-suffi-
cient while maintaining rate structure
which operated in an equitable man-
ner and where rate contract between
county and city operated as a bar to
requisite flexibility It was inconsist-
ent with explicit legislative intent.
Id.
Duty to set and revise water rates,
imposed on county by statute amend-


374








78-22

Ch. 153 WATER AND SEWER SYSTEMS 153.04
ing Sp.1953, c. 29442, 5 4, 9, which Imposed as a continuing obligation.
authorized Pinellas County to enlarge Id.
its water and distribution system, is


153.04 Construction of water supply systems, water system
improvements, sewage disposal systems, and sewer
improvements
Whenever the county commission of any of the several counties
of the state by resolution chooses to exercise the powers granted
by this chapter it shall make or cause to be made such surveys,
investigations, studies, borings, maps, plans, drawings and esti-
mates of costs and of revenues as it may deem necessary to pre-
pare or have prepared so that such county commission shall have
available to it a comprehensive study and report setting forth
either or both of the following:
(1) The type and estimate of costs of each water supply sys-
tem, the purchase or construction of which shall be deemed by it
to be desirable and feasible, together with the location thereof,
and of each integral part, and also setting forth what water sys-
tem improvements, if any, it deems necessary to purchase or con-
struct to protect the health of and render fire protection to the
inhabitants of the county, together with the location by terminal
points and route of each such improvement, a description there-
of by its material, nature, character and size and an estimate of
the cost of its purchase or construction.
(2) (a) The type of treatment and estimate of cost of each
sewage disposal plant or system, the purchase, or construction of
which shall be deemed by the county commission to be desirable
and feasible, together with the location thereof and of each in-
tegral part, and also setting forth what sewer improvements, if
any, it deems necessary to purchase or construct to protect the
health of the inhabitants of the county, together with the loca-
tion by terminal points and route of each such improvement, a
description thereof by its material, nature, character and size and
an estimate of the cost of its purchase or construction.
(b) If such study and report reveals, or if it is a fact that any
parcel, plot or area of land proposed to be served by county owned
and operated facilities as contemplated by this chapter is being
served or there is available to it for service such facilities which
are owned and operated by private individuals, copartnerships,
corporations or associations, then the county is hereby prohibited
from furnishing the facilities provided by this chapter to such
375















COUNTY ORGANIZATION, ETC.


percent limitation on salary increases
prescribed by subee (2) of this section,
Snot entitled to additional compensa-
tion based on the cost of living index
factor certified by the department of
administration under the provisions of
subeec. (1) of said section. Op.Atty.
Gen., 074-180, June 24, 1974.
A 1943 special law providing a month-
ly "expense allowance" to members of
a board of county commissioners and
to the chairman of the board was re-
pealed by Laws 1971. c. 73-173. as to
the county commissioners but not as to
the chairman of the board. Op.Atty.
Gen., 073-485, Dec. 34. 1973.
The "expense allowance" may not be
counted in computing the compensa-
tion to which members and the chair-
man of the board of county commis-
sloners are entitled under the twenty


percent limitation on salary Increases
prescribed by Laws 1973, c. 73-173. 1 11
(this section). Id.
A 20% limitation on salary increases
provided by Laws 1973, c. 73-173. I 11 is
applicable to the compensation to be
paid to a county commissioner appoint-
ed to serve the unexpired term of the
deceased Incumbent of the office. Op.
Atty.Oen., 073-423. Nov. 15, 1973.
The salary increases provided by
Laws 1973, c. 73-173 P.S.A. c. 145, will
take effect for all county officials,
whether fee or budget officers, on Octo-
ber 1. 1973; however, such an Increase
may not exceed 20 percent of the total
compensation received by the official
for the preceding fiscal year ending
June 30. 1973. Op.Atty.Oen.. 073-330A,
Sept. 2n, 1973.


CHAPTER 153. WATER AND SEWER
SYSTEMS

PART I. COUNTY WATER AND
SEWER DISTRICT LAW
See.
153U. Rural water and sewer service
pilot project (New].

I. COUNTY WATER SYSTEM AND SANITARY
SEWER FINANCING LAW

15I.O0 Shrt title .
Change in Fla.St.M75. The word
"part" was substituted for the word
"chapter".
153.2 Defliltloea
Change In Fla.et.I The word
part" was substituted for the word
"apter" in the introductory para-

i SMS general grae of power
Any of the several counties of the state which may hereafter come under
the provisions of this chapter as hereinafter provided is hereby authorized
and empowered:
[See main volume for test of (1) to (10)]
(11) To acquire by gift or purchase, at such price, and upon such deferred or
other terms, as may be mutually agreed upon, all the capital stock of any
domestic or foreign corporation which, prior to such acquisition, shall
have owned or operated any of the facilities or portions thereof provided
for by this chapter; to pledge the revenues from the facilities as security for
payment of the purchase price for said stock; and to operate the facilities
through the corporation so acquired or to dissolve said corporation and
operate the facilities in any other manner authorized by law.
Added by Laws 1977, e. 77-187, 1 1, eff. June 13, 1977.
Laws 1977, c. 77-187, added subsec. fiscal year may be transferred tem-
(11). porarily to the county's water and
sewer district fund for use by the dis-
1. In general trict during and to be epad before
Funds nl county's general fund and the end of the current fiscal year. Op.
capital outlay fund that are not allo- Atty.Oen., 071-375, Nov. 11. 191.
cated to a particular use during current
ISM53 Water eyste Improvements and sanitary sewers; speelal asses-

[See main volume for test of (1) to (7)]
(8) At the time and place stated in such notice the commission shall meet
and receive the objections in writing of all interested persons as stated in
58


145.18


78" 23




such noti
After the
modify ih
roll, elthl
lots or p
same, aet
such lot
meant. I
have beei
shall not
an appor
assessme

with aft
county p
elusive a
10 days
ment agi
court, tb
roll oppe
of the @I
the cour
amount I
commisst
of the co
the mania
original i
Amended
(9) An)
within 3
all assess
8 percent
ceding I
general C
may by I
vided, fu
together
Amended


Laws 1
interest I
per annur
Laws 1
subse. (I
appraisere
*eeMor" t,
office to
8, | l(d).


153.M I
(1) Th
at one tl
bonds, ,
the purp
following
(a) Av
(b) Ext
(c) Wa
(d) As
(e) Ext




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