Title: Bill Entitled "An Act Relating to Brevard County" CS/HB 987
CITATION THUMBNAILS PAGE IMAGE ZOOMABLE
Full Citation
STANDARD VIEW MARC VIEW
Permanent Link: http://ufdc.ufl.edu/WL00004066/00001
 Material Information
Title: Bill Entitled "An Act Relating to Brevard County" CS/HB 987
Physical Description: Book
Language: English
Publisher: Fla House of Representatives
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: Jake Varn Collection - Bill Entitled "An Act Relating to Brevard County" CS/HB 987 (JDV Box 54)
General Note: Box 17, Folder 2 ( Task Force on Water Issues, Bills Passed, Articles - 1980s ), Item 9
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: WL00004066
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

Florida House of Representatives 1983 CS/HB 987


By Committee on Natural Resources and Representatives
Deratany, Evans-Jones, Bronson, Gardner, Selph, and others



1 A bill to be entitled

S 2 An act relating to Brevard County; establishing

3 a regional water authority; providing

4 legislative intent; providing definitions;

5 establishing the boundaries of the district;

S6 providing for the membership, nomination, and

4 7 appointment of a governing board of the
u" 8 district; setting out the compensation and


9.0
-. 9 expense allowance for members; establishing the

S 10 powers and duties of the authority; providing

0"1 11 for the power to tax and to levy special

S12 assessments; providing for enforcement of such
Z 4.
'" 13 assessments; authorizing award of costs and
Co
4 114 attorneys' fees; authorizing water supply
e W
S 15 agreements; providing for the authority to

S16 furnish water system supply and transmissions;

17 providing for the issuance of revenue bonds and
0.4J
M1 18 general obligation bonds; setting out the power

19 of eminent domain for the authority; providing
i1
8~ 20 for uniform rates, fees, and charges;

ui 21 establishing initial operation and maintenance

22 costs of the authority and the method of

.2 23 payment; providing that this act shall

S24 supersede the power and authority of any

25 regional water supply authority; prescribing

26i exemptions; providing an effective date.

27
r 281 Be It Enacted by the Legislature of the State of Florida:

29

301 Section 1. It is hereby declared and determined by the

31 Legislature that a regional water authority is the most


CODING: Words in 44swo( seugIs type ore deletions from existing low; words underlined ore additions.




195-262-5-3


1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31


responsive, efficient, and effective local government entity

to secure, operate, and maintain an adequate, dependable, and I

safe water supply for South Brevard County. It is the intent

of the Legislature that such regional water authority possess

the full power and authority to implement, finance, and

operate a single coordinated program of water supply

transmission and distribution to meet the future quantity and

quality needs of South Brevard County.

Section 2. As used in this act:

(1) "Authority" means the South Brevard Water

Authority created by this act.

(2) "Water system" means any plant, system, facility,

or property, and additions, extensions, and improvements

thereto at any future time constructed or acquired as part

thereof, useful or necessary or having the present capacity

for future use in connection with the development of sources

and treatment or purification of water for domestic or

industrial use and including, but not limited to, dams, wells,

wellfields, reservoirs, storage tanks, mains, lines, valves,

pumping stations, laterals, and pipes for the purpose of

carrying water to water distribution systems connected with

such system or of distributing water to customers, and

includes all real and personal property and any interests

therein, rights, easements, and franchises relating to any

such system and necessary or convenient for the operation

thereof.

(3) "Cost", as applied to the acquisition and

construction of a water system or extensions, additions, or

improvements thereto, includes the cost of construction,

reconstruction, acquisition, or purchase; the cost of all

labor, materials, machinery, and equipment; the cost of all

2

CODING: Words in -tsou k tMuh type ore deletions frm existingow; words underlined ore additions.. .


C


L ~_ m


lands and interest therein, property, rights, easements, and

franchises; financing charges; interest prior to and during

construction; the creation of initial reserve or debt service

funds; bond discount; cost of plans, specifications, surveys,

and estimates of costs and revenues; cost of engineering,

financial, and legal services, and all other expenses

necessary or incidental in determining the feasibility or

practicability of such construction, reconstruction, or

acquisition; administrative expenses; such other expenses as

may be necessary or incidental to financing authorized by this

act; and reimbursement of Brevard County or any municipality

or any other person, firm, or corporation for any moneys

advanced to the authority for any expenses incurred by the

authority in connection with any of the foregoing items of

cost or the creation of the authority.

(4) "Revenue bonds" means bonds or other obligations

secured by and payable from the revenues derived from rates,

fees, and charges collected by the authority from water

distribution customers and from water supply agreements of any

water distribution system, and which may be additionally

secured by a pledge of the proceeds of special assessments

levied against benefited property.

(5) "General obligation bonds" means bonds or other

obligations secured by the full faith and credit and taxing

power of the authority and payable from ad valorem taxes

levied and collected on all taxable property in the district,

without limitation of rate or amount, and may be additionally

secured by the pledge of either or both the proceeds of

special assessments levied against benefited property, or

revenues derived from said water system.



3
CODING: Words in s 1-ok tkhpug type ore deletions from existing law; words underlined ore additions.


195-262-5-3




195-262-5-3


(6) "Water distribution system" means any existing or

future water distribution system owned, operated, or

maintained, or proposed to be operated or maintained, by any

person, municipality, private corporation, or governmental

authority within the boundaries of the district that

distributes water for sale, resale, or use by any other

person, municipality, private corporation, or governmental

authority.

(7) "Publicly owned water distribution system" means

any water distribution system owned or operated by a

municipality, county, or special district. For the purposes

of this act, however, the City of Cocoa water system which

operates under the authority of chapters 57-1232 and 59-1186,

Laws of Florida, and the general laws of Florida is exempt

from the provisions of this act.

(8) "Brevard County Legislative Delegation" means

those members of the Legislature whose district includes any

part of Brevard County.

(9) "Off-site water distribution system" is that part

of a publicly owned distribution system which is used to

furnish water for sale, and is located off the site of the

water treatment facilities used to treat such water, but

excludes any lines or mains used to transport water from the

treatment facilities to a distribution system.

(10) "County" means Brevard County.

Section 3. There is hereby created and incorporated

the South Brevard Water Authority, a dependent special

district, for the purpose of developing regional water

supplies and transmission of water to water distribution

systems. The boundaries of the district are:


1.55

1.56



1.57 -

1.58


1.59


1.60

1.61

1.62


1.63

1.64


C 4


6

7

8

9

10

11

12

13

14

15

16

( 17

18

19


1.68 20

21

1.69 22

1.70 23

24

1.71 251

1.72 26

27
1.73 281

f29
1.74 301

311


All lands in Brevard County, Florida, located

within the following description: Begin at the

point where the north line of Section 23,

Township 26 South, Range 37 East meets the mean

high water line of the Atlantic Ocean; then

proceed southeasterly along the mean high water

line of the Atlantic Ocean to the intersection

of the centerline of the Sebastian Inlet

produced eastwardly, said inlet being in

Section 20 of Township 30 South, Range 39 East;

thence westerly on said centerline and

continuing southwesterly along the centerline

of the approach channel to said inlet from the

Indian River to a point due east of the mouth

of the St. Sebastian River; thence due west to

the mouth of the St. Sebastian River; thence

south along the thread of the St. Sebastian

River and the thread of the south fork of the

St. Sebastian River to a point where the line

dividing Townships 30 and 31 South intersects

the thread of said south fork; thence west on

said township line to the line dividing Ranges

34 and 35 East; thence north on said range line

to the northwest corner of Section 19, Township

26 South, Range 35 East; thence easterly along

the north line of Sections 19, 20, 21, 22, 23

and 24 of Township 26 South, Range 35 East and

proceed easterly along the north line of

Sections 19, 20, 21, 22, 23 and 24 of Township

26 South, Range 36 East and thence easterly

along the north line of Sections 19, 20, 21, 22


CODING: Words in -M1k J.h h type ore deletions from existing low; words undelinid ar additions.


1.75

1.76



1.77




1.78


1.79


1.80


1.81



1.82




1.83


1.84


2.1


2.2


2.3


2.4



12.5


_ _^r __~_.I.IC~--X--(I.


195-262-5-3


CODING: Words in 44-4 6L--i j type are deletions from existing low; words underlined ore oddltions.






195-262-5-3


and 23 of Township 26 South, Range 37 East to

the point of beginning.



The authority shall constitute a dependent special district

under the laws of the state.

Section 4. The authority shall be governed by a seven-

member board. The governing board shall be appointed by the

Governor of the State of Florida, who shall select the members

solely from a list of three nominees for each seat, submitted

by the Brevard County Legislative Delegation sitting as the

nominating commission for the authority. Each member of the

governing board shall be a permanent resident within the

boundaries of the district. For the purpose of establishing

staggered terms, the initial appointments of members to the

odd-numbered seats (one, three, five, and seven) shall be for

2-year terms and the even-numbered seats (two, four, and six)

for 4-year terms. Thereafter, following the expiration of the

initial 2-year appointments, members appointed to an odd-

numbered seat shall also serve for 4-year terms. If the

nomination or appointment process established under this

section is held unconstitutional or invalid for any reason,

the governing board shall be appointed by the Brevard County

Legislative Delegation. If the appointment of the members by

the Brevard County Legislative Delegation is held

unconstitutional or invalid for any reason, the governing

board shall be appointed by the Governor. In the event of

such declaration or finding or invalidity, a subsequent act of

the Legislature may alter the method of appointment of the

governing board of the authority, and the terms of the

governing board of the authority shall be, in such event,

subject to alteration by the Legislature.
6

CODING: Words in ctws k th ugh type are deletions from existing low; words underlined ore additions.


2.7


( (


2.20


2.22



2.23

2.24



2.25


2.27


Section 5. Members of the governing board of the

authority shall serve without compensation but shall be

reimbursed for expenses as provided by law.

Section 6. The authority shall have the following

powers and duties:

(1) To acquire, construct, operate, and maintain water

supply and water transmission and distribution facilities.

Such water supply facilities shall include all practical means

of obtaining water, including, but not limited to, withdrawals

of surface water and groundwater, recycling of waste water,

and desalinization.

(2) To adopt rules for its own government and

proceedings and to adopt an official seal for the authority.

Such rulemaking power includes, but is not limited to, the

power to ration water which the authority supplies during

periods of drought or water shortage and the power to

establish regulations for water conservation and reuse.

(3) To employ engineers, attorneys, accountants,

financial or other experts, and such other agents and

employees as the governing board of the authority may require

or deem necessary to effectuate the purposes of this act, or

to contract for any such services.

(4) To construct, reconstruct, install, erect,

acquire, operate, maintain, improve, extend, or enlarge a

water system within the district and the environs thereof and

to have the exclusive control and jurisdiction of such system;

to issue its general obligation bonds, revenue bonds, or

assessment bonds, or any combination of such bonds, to pay all

or part of the cost of such construction, reconstruction,

erection, acquisition, or installation of such water system.


CODING: Words in tstk tJssug type ore deletions from existing law; words underlined ore additions.


2.28

2.29



2.30


2.31

2.32

2.33

2.34


2.35

2.36

2.37

2.38

2.39


2.40

2.41

2.42


2.43



2.44

2.45


2.46

'2.47



2.48


i


195-262-5-3






195-262-5-3


1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31


(5) To levy and assess ad valorem taxes without

limitation of rate or amount on all taxable property within

the boundaries of the district for the purpose of paying

principal of and interest on any general obligation bonds

which may be issued for the purposes of this act.

(6) To acquire in the name of the authority by

purchase, gift, or eminent domain, such lands and rights and

interest therein, including riparian rights, within the

boundaries of the district, and to acquire such personal

property as it may deem necessary in connection with the

construction, reconstruction, improvement, extension,

installation, erection, operation, or maintenance of any water

system within the boundaries of the district, and to hold and

dispose of all real and personal property under its control.

Property within the boundaries of the district already devoted

to a public use may be acquired by the authority by eminent

domain. The right of eminent domain conferred by this act

shall be considered the superior right, and the doctrine of

prior public use shall not be valid as a defense by any unit

of government or water system owner whose property is

condemned in an eminent domain proceeding under this act.

However, eminent domain shall not be exercised to acquire any

off-site water distribution system of a publicly owned water

distribution system as prohibited in subsection (15).

(7) To enter into water supply agreements with water

distribution systems and to set uniform rates which shall

apportion to the parties to such agreements and to other users

a uniform or equitable share of the capital cost,

indebtedness, financing cost, renewal and replacement cost,

and operation and maintenance costs of the water furnished,


8

CODING: Words in .ssc though type ore deletions from existing low; words underlined are additions.


2.59

2.60

2.61

2.62

2.63


2.70


2.51 r r


2.52

2.53

2.54

2.55



2.56

2.57


based upon a consideration of present and future water supply

needs of such water distribution systems.

(8) To acquire, construct, operate, and maintain water

distribution systems within those areas within the boundaries

of the district not currently being served by a water

distribution system or to acquire, by purchase, any water

distribution system.

(9) To fix and collect rates, fees, and other charges

to persons or property or both for the use of a water

distribution system used and operated by the authority, and to

fix and collect charges for making connections with any such

water distribution system and to provide for reasonable

penalties on any users or property for any such rates, fees,

or charges that are delinquent. Such rates, fees, and charges

shall be just and equitable and uniform for users of the same

class and, where appropriate, may be based or computed either

upon the quantity of water consumed or upon the average number

of persons residing or working in or otherwise using or

occupying such premises or upon any other factor affecting the

use of the facilities furnished or upon any combination of the

foregoing factors as may be determined by the authority on any

other equitable basis. No rates, fees, or charges shall be

fixed under this subsection until after a public hearing at

which all the users of the proposed water distribution system

or owners, tenants, or occupants served or to be served

thereby, and all others interested, shall have an opportunity

to be heard concerning the proposed rates, fees, and charges.

Such public hearing may be adjourned from time to time.

Notice of such public hearing, setting forth the proposed

schedule or schedules of rates, fees, and charges, shall be

given by one publication in a newspaper published in the

9

CODING: Words in .ts.k tieogh type ore deletions from existing low; words underlined are additions.


195-262-5-3






195-262-5-3


county and circulating in the district at least 10 days before

the date fixed in such notice for the hearing.
(10) To levy and impose special assessments against

the real property within the boundaries of the district upon a

determination that the water supply and transmission

facilities and, where applicable, distribution facilities,

provide a benefit to such real property. The benefits shall

be assessed upon the property specially benefited by the

improvements in proportion to the benefits to be derived

therefrom, and the special benefits shall be determined and

prorated by a method prescribed by the governing board.

(a) The governing board, if it elects to assess a

special benefit, shall declare by a resolution the nature of

the proposed improvement, designate the location of the

improvement, and state the part or portion of the expense

thereof to be paid by special assessments, the manner in which

said assessments shall be made, when said assessments are to

be paid, and what part, if any, shall be apportioned to be

paid from the funds of the authority. The resolution shall
also designate the lands upon which the special assessment

shall be levied, and, in describing said lands, it shall be

sufficient to describe them as "all lands and lots abutting

and contiguous to or bounding and abutting upon such

improvements or specifically benefited thereby and further

designated by the assessment plat herein provided for." The
resolution shall state the total estimated cost of the

improvement. Such estimated cost may include the cost of
construction or reconstruction; the cost of all labor and

materials; the cost of all lands, property, rights, easements,

and franchises acquired; financing charges; interest; cost of

all engineering, legal, financial, and other services; all
10

CODING: Words In .*w k thlu.oi type are deletions from existing low; words underlined ore additions.


3.9

3.10


3.19

3.20


( C-


( (


3.27 c C


other expenses necessary or incidental to determine the

feasibility or practicability of such construction or

reconstruction; administrative expenses; and such other

expenses as may be necessary or incidental to the financing

herein authorized.

(b) Upon the adoption of the resolution, the governing

board shall cause said resolution to be published one time in

a newspaper of general circulation published in the county.

(c) Upon the adoption of the resolution, the governing
board shall cause to be made an assessment roll in accordance

with the method of assessment provided for in said resolution,

which assessment roll shall be completed and filed with the

records of the governing board as promptly as possible. The

lots and lands assessed, the amount for the benefit to and the

assessment against each lot or parcel, and, if said assessment

is to be paid in installments, the number of annual

installments in which the assessment is divided shall be

entered and shown on said assessment roll.

(d) On the completion of said assessment roll, the

governing board shall by resolution fix a time and place at

which the owners of the property to be assessed, or any other

persons interested therein, may appear before said governing

authority and be heard as to the propriety and advisability of

making such improvements, as to the cost thereof, as to the

amount of payment therefore, and as to the amount thereof to be

assessed against each property so improved. Notice in writing

of such time and place shall be given to such property owners.

Such notice may be given by placing in the U.S. Postal

Service, at least 10 days prior to such hearing, a copy of

such notice to each property owner at his last known address,

the names and addresses of such property owners to be obtained
11

CODING: Words in .-sw sho-t* type ore deletions from existing law; words underlined are additions.


195-262-5-3





195-262-5-3


from the records of the county property appraiser or from such

other sources the governing board deems reliable. The proof

of such mailing shall be made by an affidavit of the secretary

of the governing board, said proof to be filed with the

minutes of the governing board. Failure to mail said notice

or notices shall not invalidate any of the proceedings herein.

Notice of the time and place of such hearing shall also be

given by two publications, a week apart, in a newspaper of

general circulation in the county. The last publication shall

be at least 7 days prior to the date of the hearing. Said

notice, which shall be published, shall contain a map showing

the general area which will be specially benefited and shall

contain the name and the amount to be assessed against each

piece or parcel of property.

(e) At the time and place named in the notice provided

for in paragraph (d), the governing board of the authority

shall meet as an equalization board to hear and consider any

and all complaints as to the special assessments and shall

adjust and equalize the assessments on the basis of justice

and right. After the special assessments are so equalized and

approved by resolution, such assessments shall stand confirmed

and, until paid, shall remain legal, valid, and binding first

liens upon the property against which such assessments are

made; however, upon completion of the improvement, the

governing board shall credit to each of the assessments the

difference in the assessment as originally made, approved, and

confirmed and the proportionate part of the actual cost of the

improvement to be paid by special assessments as finally

determined on the completion of the improvement, but in no

event shall the final assessments exceed the amount of

benefits originally assessed. Promptly after confirmation,
12

CODING: Words in *....k tJhoyh type ore deletions from existing low; words underlined oae additions.


C (


C


the assessments shall be recorded in the public records of

Brevard County and the record of the lien shall constitute

prima facie evidence of its validity.

(f) The special assessments shall be payable at the

time and in the manner stipulated in the resolution

authorizing the improvement. Such assessments shall remain

liens, coequal with the lien of all state, county, district,

and municipal taxes and superior in dignity to all other

liens, titles, and claims until paid. Such assessments shall

bear interest at a rate prescribed by the governing board in

the resolution which it adopts.

(g) Each annual installment provided for shall be paid

upon the date specified in said resolution, with interest upon

all deferred payments, until the entire amount of said

assessment has been paid, and, on the failure of any property

owner to pay any annual installment due or any part thereof,

or any annual interest on deferred payments, the governing

board shall cause to be brought the necessary legal

proceedings to enforce payment thereof with all accrued
interest and penalties, together with all legal costs

incurred, including a reasonable attorney's fee, to be

assessed as part of the costs, and, in the event of default in

the payment of any installments of any assessment or any

accrued interest on said installment, the whole assessment,

with the interest and penalties thereon, shall immediately

become due and payable and subject to foreclosure. In the

foreclosure of any special assessment, service of process

against unknown or nonresident defendants may be had by

publication as now provided by law. The foreclosure

proceedings shall be prosecuted to a sale and conveyance of


13

CODING: Words in *ruM k though type are deletions from existing low; words underlined are additions.


195-262-5-3





195-262-5-3


1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31


4.11


CODING: Words in su.k though type are deletions from existing law; words underlined are additions.


the property involved,in said proceedings as now provided by

law in suits to foreclose mortgages.

(h) If any special assessment made under the

provisions of this section to defray the whole or any part of

the expense of said improvement is either in whole or in part

annulled, vacated, or set aside by the judgment of any court,

or if the governing board of the authority is satisfied that

any such assessment is so irregular or defective that the same

cannot be enforced or collected, or if the governing board

omitted to make such assessment when it might have done so,

the governing board shall take all necessary steps to cause a

new assessment to be made for the whole or any part of any

improvement or against any property benefited by any

improvement, following as nearly as possible the provisions of

this act, and, in case such second assessment shall be

annulled, said governing board may obtain and make other

assessments until a valid assessment is made.

(i) Any informality or any irregularity in the

proceedings in connection with the levy of any special

assessment under this act shall not affect the validity of the

same where the assessment roll has been confirmed by the

governing board, and the assessment roll as finally approved

and confirmed shall be competent and sufficient evidence that

the assessment was duly levied, the assessment was duly made

and adopted, and that all other proceedings adequate to the

adoption of said assessment roll were duly had, taken, and

performed as required by this act; no variance from the

directions hereunder shall be held material unless it is

clearly shown that the party objecting was materially injured

thereby.


(11) To sue and be sued in the name of the authority

and to restrain, enjoin, or otherwise prevent the violation of

this act or of any resolution, rule, or regulation adopted

pursuant to the powers granted by this act.

(12) To establish and define all service areas and the

duty to serve for publicly owned water distribution systems

within the boundaries of the district, reconcile differences

between water distribution service areas of water distribution

systems and the authority, and to develop and mandate water

distribution service area rights and obligations of publicly

owned water distribution systems within the boundaries of the

district to insure a reasonable plan and method of water

distribution within all areas of the district by the authority

or the appropriate water distribution system. Included in

such power to establish and define service areas is the power

to set and declare amortization schedules for existing

franchise areas and service areas of publicly owned water

distribution systems to insure the reasonable availability of

water in all areas of the district.

(13) To review and approve any proposed or existing

condition of service imposed by any publicly owned

distribution system within the boundaries of the district

which imposes any restrictions or requirements which do not

uniformly apply to all customers within the service area of

the publicly owned distribution system. No such condition of

service shall be effective until approved by the authority.

(14) The authority shall have the right to contract

with any water distribution system to provide water

distribution within any area of the district or to acquire by

purchase or by the exercise of the power of eminent domain all

or any part of any water system facilities owned and operated

15

CODING: Words in *.t+ru4 ougk type ore deletions from existing low; words underlined ore additions.


195-262-5-3




195-262-5-3


195-262-5-3


1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31


by any publicly owned water system within the boundaries of

the district; except that the authority is prohibited from

exercising the power of eminent domain to acquire any off-site

water distribution system of a publicly owned water

distribution system. The acquisition price or measure of full

compensation value of any such publicly owned water system

facilities, or any part thereof, which shall be set by a court

if the power of eminent domain is exercised, shall be the

amount of the outstanding indebtedness of the water system or

an amount equal to the portion of the outstanding indebtedness

attributable to the acquired or condemned facilities, if the

indebtedness does not encumber or a covenant does not prohibit

the sale or transfer of a portion of such system, whichever

amount is less. If a publicly owned water system is acquired

or condemned, the outstanding indebtedness attributable to

such acquired or condemned facilities shall be refunded by the

authority, the rights of any holders of obligations defeated

or all rights and obligations of the holders of the

obligations represented by such outstanding indebtedness shall

be preserved and protected, and all expenses of the refund

shall be paid by the authority. If there is a covenant which

is impaired by such partial refund, a full indebtedness

refund, including all the expenses of the refund, shall be

made by the authority. It is not the intention of this act

that the rights of the holders of any obligations shall be

impaired.

Section 7. Upon the establishment of a district water

supply plan by the authority, each publicly owned water

distribution system within the boundaries of the district

shall enter into water supply agreements with the authority

and the authority shall have the exclusive right and power to

16
CODING: Words in .-. t ou h type are deletions from existing low; words underlined are additions.


4.52

4.53

4.55 r

4.56



4.57

4.58



4.59

4.60



4.61

4.62

4.63


1

2

3

r 4

5

6

7

8

9

10

11

12

13

14

15

16

17
18

19

20

21

22

23

24

25

26

27

28

29

30
31


provide water system supply and transmission to such publicly

owned water distribution systems. Such agreements shall not

impair the rights of the holders of any outstanding

indebtedness issued by a publicly owned water system.

Section 8. The authority is authorized to provide from

time to time for the issuance of revenue bonds and general

obligation bonds of the authority to pay all or any part of

the cost of a water system or any additions, extensions, or

improvements thereto. The principal of and interest on any

such bonds shall be payable from revenue received under water

supply agreements and the rates, fees, charges, or other

revenues derived from the operation of any water distribution

system, without limitation as to the rate or amount,

sufficient to pay the bond in the manner provided in the bond

by the authority, and may be secured by the full faith and

credit and taxing power of the authority and payable from ad

valorem taxes levied and collected on all taxable property

within the boundaries of the district in the manner provided

in this act and the resolution authorizing such revenue bonds

and all general obligation bonds. Such revenue bonds may also

be additionally secured by the pledge of special assessments

levied pursuant to this act. Any bonds which pledge the full

faith and credit and ad valorem taxing power of the authority

shall be submitted to the qualified voters within the

boundaries of the district as required by the State

Constitution. Said bonds may be authorized by resolution or

resolutions of the authority, which may be adopted at the same

meeting at which they are introduced by a majority of all the

members thereof then in office and need not be published or

posted. Said bonds shall bear interest at a rate or rates

without limitation as determined by resolution of the

17

CODING: Words in .4-uk though type are deletions from existing law; words underlined are additions.


L '




195-262-5-3


authority, may be in one or more series, may bear such date or

dates and may Mature at any time or times not exceeding 40

years from their respective dates, may be payable in such

medium of payment, at such place or places within or without

the state, may carry such registration privileges, may be

subject to such terms of prior redemption, with or without

premium, may be executed in such manner, may contain such

terms, covenants, and conditions, and may be in such form

otherwise as such resolution or subsequent resolutions shall

provide. Said bonds may be sold or exchanged for refunding

bonds, or delivered to contractors in payment for any part of

the work or improvements financed by such bonds, or delivered

in exchange for any properties, either real, personal, or

mixed, including franchises, to be acquired for such works or

improvements, all at one time or in blocks from time to time,

in such manner as the authority in its discretion shall

determine. Pending the preparation of the definitive bonds,

interim certificates or receipts or temporary bonds in such

form and with such provisions as the authority may determine

may be issued to the purchaser or purchasers of the bonds

issued hereunder. Said bonds and such interim certificates or

receipts or temporary bonds shall be fully negotiable and

shall be and constitute negotiable instruments within the

meaning of and for all purposes of the law merchant and the

uniform commercial code of the state. The proceeds of the

sale of any such bonds shall be used solely for the payment of

the costs of the construction or acquisition of any water

system or the reconstruction or construction or acquisition or

extensions, improvements, and additions thereto, and shall be

disbursed in such manner and under such restrictions, as the

authority may provide in the authorizing resolution. The

18
CODING: Words in .s* k *, ougF h type are deletions from existing law; words underlined are additions.


5.15


C


2

3

r 4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30
31


authority may also provide for the replacement of any bonds

which become mutilated or are destroyed or lost, upon proper

indemnification. Revenue bonds and general obligation bonds

may be issued under the provisions of this act without

obtaining the consent of any commission, board, bureau, or

agency of the state, and without any other proceeding or

happening of any other condition or thing than those

proceedings, conditions, or things which are specifically

required by this act. A resolution providing for the issuance

of revenue bonds or general obligation bonds may also contain

such limitations upon the issuance of additional bonds secured

on a parity with the bonds theretofore issued, as the

authority may deem proper, and such additional bonds shall be

issued under such authorizing resolution.

Section 9. The rates, fees, and charges imposed by any

publicly owned water distribution system to its customers

within the boundaries of the district shall be uniform within

the service area of such water system, except to the extent a

differential rate system is established based upon the cost of

water distribution. Prior to the establishment of a

differential rate system based upon the cost of water

distribution, the publicly owned water distribution system

shall certify its proposed differential rate system to the

authority together with a detailed financial plan

demonstrating the justification of such differential rate

system based upon the cost of water distribution. The

authority shall make such proposed differential rate system

and financial plan available to interested members of the

public and any such proposed differential rate system shall

not become effective until 60 days subsequent to the date of

certification. Any person, individual or corporate, and any

19

CODING: Words in s*F41 thouqjh type are deletions from existing low; words underlined are additions.


195-262-5-3





195-262-5-3


I1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31


public body receiving water from the publicly owned water

distribution system shall have standing to institute

appropriate proceeding in a court of competent jurisdiction to

determine whether the proposed differential rate system is

justified based upon the cost of water distribution.

Section 10. The governing board shall establish a

budget for the authority to provide the initial operating

expenses until such time as the authority receives revenue

under the water supply agreements provided for in subsection

(7) of section 6. The term "operating expenses" means all

contemplated capital and operating costs and expenses of the

authority necessary to carry out any of the purposes of the

authority provided under this act, except any costs or

expenses for the purchase or condemnation of water system

facilities. Initially, the authority shall establish an

operating expense budget for the period beginning with the

date of its organization and terminating on the last day of

September of the same year. Thereafter, the governing board

shall establish an annual operating expense budget for each

fiscal year, which shall commence on the first day of October

and terminate on the last day of September of the next year.

The governing board of the authority shall adopt a tentative

annual operating expense budget prior to July 1 of each year

and deliver a copy of such tentative annual operating expense

budget to the City of Melbourne and the Board of County

Commissioners of Brevard County. The final annual operating

expense budget of the authority shall be approved and

established by the Board of County Commissioners of Brevard

County in the manner contemplated under section 200.01(8)(d),

Florida Statutes. Such budget shall be approved at the times

and the manner in which the annual county budget is approved

20

CODING: Words in t4*d though type ore deletions from existing low; words underlined ore additions.


5.62

5.63

5.64

5.65

5.66



5.67

5.68


r


1

2

3

C 4

5

6

7

8

9

10

11

12

13

14

15

16

( 17

18

19

20

21

22

23

24

25

26

27

28

29

30

31


by the Board of County Commissioners of Brevard County. The

City of Melbourne shall pay a percentage of the initial

operating expense budget, and the annual operating expense

budget approved thereafter by the Board of County

Commissioners, from the revenues of the water system of the

City of Melbourne in the proportion that the population within

the service area of the publicly owned water distribution

system operated by the City of Melbourne bears to the total

population within the boundaries of the district, and the

county shall pay the remainder. The contributions by the City

of Melbourne and the county to the annual operating expense

budget shall be paid by the county and the City of Melbourne

in 12 equal installments during each fiscal year. The payment

by the City of Melbourne and the county of the initial

operating expense budget and of the 12 equal installments of

an approved annual operating expense budget shall be

considered a ministerial act and the authority shall apply to

the circuit court for a writ of mandamus to compel payment if

the City of Melbourne or the county fails to pay its

respective portions of the initial operating expense budget

and any of the 12 installments required by it under this

section of the approved annual operating expense budget of the

authority.

Section 11. Any publicly owned water distribution

system within the boundaries of the district is prohibited

from undertaking any permanent modification, alteration, or

improvement to any water treatment facilities without the

approval of the authority. The authority shall approve or

disapprove any request for approval within 60 days after the

receipt of Such request. This section shall not bar any

publicly owned water distribution system within the boundaries

21

CODING: Words in *44sk though type ore deletions from existing low; words underlined ore additions.


195-262-5-3





195-262-5-3


2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31


of the district from cpnstructing, modifying, or altering off-

site water distribution systems.

Section 12. Any schedule of rates, fees, and charges

imposed on water customers by a publicly owned water

distribution system within the boundaries of the district, or

any additions, modifications, or changes to any schedule of

rates, fees, and charge, shall provide a fair and uniform

revenue return to such publicly owned water distribution

system. The term "fair and uniform revenue return" means such

rates, fees, and charges sufficient to produce adequate

revenues to fund outstanding indebtedness, approved capital

improvements and additions, and necessary anticipated

indebtedness to provide the funds to construct or acquire such

capital improvements and additions, reasonable costs of

operation and maintenance, and customary renewal and

replacement requirements, plus such reasonable and customary

surplus, as necessary to receive financing for approved

capital acquisitions and additions. No consideration shall be

given to investment in capital facilities in the event such

capital facilities are dedicated to the publicly owned water

distribution systems without consideration. Prior to the

effective date of any proposed additions, modifications, or

changes to any schedule of rates, fees, and charges of a

publicly owned water distribution system within the boundaries

of the district, the proposed schedule of rates, fees, and

charges shall be certified to the authority together with a

detailed financial plan demonstrating that such proposed

schedule of rates, fees, and charges provide a fair and

uniform revenue return to such publicly owned water

distribution system. The authority shall make such proposed

schedule of rates, fees, and charges and financial plan

22

CODING: Words in .. ks though type ore deletions from existing low; words underlined ore additions.


2

3

(

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31


available to interested members of the public, and any such

proposed schedule of rates, fees, and charges shall not become

effective until 60 days subsequent to the date of

certification. Any person, individual or corporate, and any

public body receiving water from the publicly owned water

distribution system shall have standing to institute

appropriate proceeding in a court of competent jurisdiction to

determine whether the proposed schedule of rates, fees, and

charges provide a fair and uniform revenue return.

Section 13. The powers of eminent domain granted to

the authority by this act shall not be exercised to acquire

any portion of an investor-owned water utility, including such

utility's water system or water distribution system.

Investor-owned water utility systems operating under a valid

franchise are specifically exempted from all provisions of

this act except subsection (7) of section 6.

Section 14. The provisions of this act shall supersede

the power and authority of any regional water supply authority

created under s. 373.1962, Florida Statutes, and nothing

contained in said s. 373.1962, Florida Statutes, shall be

construed to limit or restrict the power of the authority to

secure and implement a water supply and to provide

transmission of same from without or within the boundaries of

the district.

Section 15. It is the intent of the Legislature that

the authority created by this act is a dependent special

district within the definition of section 200.001(8)(d),

Florida Statutes, and not an independent special district

within the provisions of section 190.049, Florida Statutes,


sections 165.022 and 165.041, Florida Statutes, or any other

applicable provision of general law. In recognition of such

23

CODING: Words in *aok though type ore deletions from existing low; words underlined are additions.


195-262-5-3







195-262-5-3


1 legislative intent it is hereby declared that the provisions

2 of section 190.049, Florida Statutes, sections 165.022 and 6.62

3 165.041, Florida Statutes, or any other applicable provision 6.63

4 of general law shall not be construed or interpreted to

5 prohibit or restrict the creation of the authority by special 6.64

6 law.

7 Section 16. This act shall take effect upon becoming a 6.65

8 law.

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25y

26

27

28

29

30

31

24

CODING: Words in 44-ok tIAFo type are deletions from existing low; words underlined are additions.


r




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