Title: Municipal Public Works - Chapter 180
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 Material Information
Title: Municipal Public Works - Chapter 180
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Language: English
Publisher: Municipal Public Works - Ch. 180 F.S. 1995
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: Jake Varn Collection - Municipal Public Works - Chapter 180 (JDV Box 90)
General Note: Box 24, Folder 1 ( Governmental Rules, Regulations, Legislation and Administrative Laws - 1996 ), Item 13
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Full Text


Ch. 180MUIIAPULCWRSFS gs


CHAPTER 180

MUNICIPAL PUBLIC WORKS


180.01 Definition of term "municipality."
180.02 Powers of municipalities.
180.03 Resolution or ordinance proposing construc-
tion or extension of utility; objections to
same.
180.04 Ordinance or resolution authorizing construc-
tion or extension of utility; election.
180.05 Definition of term "private company."
180.06 Activities authorized by municipalities and pri-
vate companies.
180.07 Public utilities; combination of plants or sys-
tems; pledge of revenues.
180.08 Revenue certificates; terms; price and inter-
est; three-fifths vote of governing body
required.
180.09 Notice of resolution or ordinance authorizing
issuance of certificates.
180.10 When election necessary.
180.11 Referendum and procedure therefore.
180.12 Examinations and surveys.
180.13 Administration of utility; rate fixing and collec-
tion of charges.
180.135 Utility services; refusal or discontinuance of
services for nonpayment of service charges
by former occupant of rental unit prohib-
ited; unpaid service charges of former
occupant not to be basis for lien against
rental property, exception.
180.14 Franchise for private companies; rate fixing.
180.15 Liability of private companies.
180.16 Acquisition by municipality of property of pri-
vate company.
180.17 Contracts with private companies.
180.18 Use by municipality of privately owned utility.
180.19 Use by other municipalities and by individuals
outside corporate limits.
180.191 Limitation on rates charged consumer outside
city limits.
180.20 Regulations by private companies; rates; con-
tracts.
180.21 Powers granted deemed additional.
180.22 Power of eminent domain.
180.23 Contracts with engineers, attorneys and oth-
ers; boards.
180.24 Contracts for construction; bond; publication
of notice; bids.
180.25 Contents of notice of issuance of certificates.
180.26 Form of certificates.
180.301 Purchase or sale of water, sewer, or
wastewater reuse utility by municipality.

180.01 Definition of term "municipality."-The
term "municipality," as used in this chapter, shall mean
any city, town, or village duly incorporated under the
laws of the state.
History.-s. 1, ch. 17118, 1935; CGL 1936 Supp. 3100(6).

180.02 Powers of municipalities.-
(1) For the accomplishment of the purposes of this
chapter, any municipality may execute its corporate
powers within its corporate limits.


(2) Any municipality may extend and execute all of
its corporate powers applicable for the accomplishment
of the purposes of this chapter outside of its corporate
limits, as hereinafter provided and as may be desirable
or necessary for the promotion of the public health,
safety and welfare or for the accomplishment of the pur-
poses of this chapter; provided, however, that said cor-
porate powers shall not extend or apply within the cor-
porate limits of another municipality.
(3) In the event any municipality desires to avail itself
of the provisions or benefits of this chapter, it is lawful
for such municipality to create a zone or area by ordi-
nance and to prescribe reasonable regulations requiring
all persons or corporations living or doing business
within said area to connect, when available, with any
sewerage system or alternative water supply system,
including, but not limited to, reclaimed water, aquifer
storage and recovery, and desalination systems, con-
structed, erected and operated under the provisions of
this chapter; provided, however, in the creation of said
zone the municipality shall not include any area within
the limits of any other incorporated city or village, nor
shall such area or zone extend for more than 5 miles
from the corporate limits of said municipality.
Histay.-s. 1, ch. 17118, 1935; CGL 1936 Supp. 3100(6); s. 5, ch. 95-323.

180.03 Resolution or ordinance proposing con-
struction or extension of utility; objections to same.-
(1) When it is proposed to exercise the powers
granted by this chapter, a resolution or ordinance shall
be passed by the city council, or the legislative body of
the municipality, by whatever name known, reciting the
utility to be constructed or extended and its purpose,
the proposed territory to be included, what mortgage
revenue certificates or debentures if any are to be
issued to finance the project, the cost thereof, and such
other provisions as may be deemed necessary.
(2) Any objections to any of the provisions of said
resolution or ordinance shall be in writing and filed with
the governing body of the municipality, and hearing
thereupon shall be held within 30 days after the passage
of the resolution by the legislative body of said munici-
pality.
History.-s. 1, ch. 17118, 1935; CGL 1936 Supp. 3100(6).

180.04 Ordinance or resolution authorizing con-
struction or extension of utility; election.-lf after the
passage of said resolution the said city council or other
legislative body, by whatever name known, shall deter-
mine to proceed toward the construction of said utility,
but not earlier than 40 days after the passage of said
ordinance or resolution, the said city council or other leg-
islative body, by whatever name known, shall pass an
ordinance or resolution authorizing the construction of
the utility or any extension thereof, reciting the purpose
and the territory to be included, correcting any errors,
remedying any sustained objections, authorizing the
issuance of mortgage revenue certificates or deben-
tures to pay for the construction and all other costs of
the said utility, and containing all other necessary provi-


F.S. 1995


I


Ch. 180


MUNICIPAL PUBLIC WORKS






..... ... ..-------------. ---.. .--....


sions. All other legislative and administrative functions
and proceedings shall be the same as provided for the
government of the municipality. The city council or other
legislative body, by whatever name known, of the munic-
ipality, may adopt and provide for the enforcement of all
resolutions and ordinances that may be required for the
accomplishment of the purposes of this chapter, and its
decision shall be final in determining to construct the
utility, or any extension thereof as and where proposed,
to promote the public health, safety, and welfare by the
accomplishment of the purposes of this chapter; pro-
vided, that where any mortgage revenue certificates,
debentures, or other evidences of indebtedness shall
come within the purview of s. 12, Art. VII of the State
Constitution, the same shall be issued only after having
been approved by a majority of the votes cast in an elec-
tion in which a majority of the owners of freeholds not
wholly exempt from taxation who are qualified electors
residing in such municipality shall participate, pursuant
to the provisions of ss. 100.201-100.221, 100.241,
100.261-100.341, and 100.351.
History.-s. 1, ch. 17118,1935; CGL 1936 Supp. 3100(6); s. 15. ch. 69-216; s. 64,
ch. 77-175.

180.05 Definition of term "private company."-A
"private company" shall mean any company or corpora-
tion duly authorized under the laws of the state to con-
struct or operate water works systems, sewerage sys-
tems, sewage treatment works, garbage collection and
garbage disposal plants.
History.-s. 2, ch. 17118, 1935; CGL 1936 Supp. 3100(7).

180.06 Activities authorized by municipalities and
private companies.-Any municipality or private com-
pany organized for the purposes contained in this chap-
ter, is authorized:
(1) To clean and improve street channels or other
bodies of water for sanitary purposes;
(2) To provide means for the regulation of the flow
of streams for sanitary purposes;
(3) To provide water and alternative water supplies,
including, but not limited to, reclaimed water, and water
from aquifer storage and recovery and desalination sys-
tems for domestic, municipal or industrial uses;
(4) To provide for the collection and disposal of sew-
age, including wastewater reuse, and other liquid
wastes;
(5) To provide for the collection and disposal of gar-
bage;
(6) And incidental to such purposes and to enable
the accomplishment of the same, to construct reser-
voirs, sewerage systems, trunk sewers, intercepting
sewers, pumping stations, wells, siphons, intakes, pipe-
lines, distribution systems, purification works, collection
systems, treatment and disposal works;
(7) To construct airports, hospitals, jails and golf
courses, to maintain, operate and repair the same, and
to construct and operate in addition thereto all machin-
ery and equipment;
(8) To construct, operate and maintain gas plants
and distribution systems for domestic, municipal and
industrial uses; and
(9) To construct such other buildings and facilities
as may be required to properly and economically oper-


ate and maintain said works necessary for the fulfillment
of the purposes of this chapter.
However, a private company or municipality shall not
construct any system, work, project or utility authorized
to be constructed hereunder in the event that a system,
work, project or utility of a similar character is being
actually operated by a municipality or private company
in the municipality or territory immediately adjacent
thereto, unless such municipality or private company
consents to such construction.
History.-s. 3, ch. 17118, 1935; s. 1, ch. 17119, 1935; CGL 1936 Supp. 3100(8);
s. 5, ch. 93-51; s. 6, ch. 95-323.

180.07 Public utilities; combination of plants or
systems; pledge of revenues.-
(1) All such reservoirs, sewerage systems, trunk
sewers, intercepting sewers, pumping stations, wells,
intakes, pipelines, distribution systems, purification
works, collecting systems, treatment and disposal
works, airports, hospitals, jails and golf courses, and gas
plants and distribution systems, whether heretofore or
hereafter constructed or operated, are considered a
public utility within the meaning of any constitutional or
statutory provision for the purpose of acquiring, pur-
chasing, owning, operating, constructing, equipping
and maintaining such works.
(2) Whenever any municipality shall decide to avail
itself of the provisions of this chapter for the extension
or improvement of any existing utility plant or system,
any then-existing plant or system may be included as
a part of a whole plant or system and any two or more
utilities may be included in one project hereunder. The
revenues of all or any part of any existing plants or sys-
tems or any plants or systems constructed hereunder
may be pledged to secure moneys advanced for the
construction or improvement of any utility plant or sys-
tem or any part thereof or any combination thereof.
History.-s. 4, ch. 17118, 1935; s. 2, ch. 17119, 1935; CGL 1936 Supp. 3100(9).

180.08 Revenue certificates; terms; price and
interest; three-fifths vote of governing body required.
(1) Any municipality which acquires, constructs or
extends any of the public utilities authorized by this
chapter and desires to raise money for such purpose,
may issue mortgage revenue certificates or debentures
therefore without regard to the limitations of municipal
indebtedness as prescribed by any statute now in effect
or hereafter enacted; provided, however, that such mort-
gage revenue certificates or debentures shall not
impose any tax liability upon any real or personal prop-
erty in such municipality nor constitute a debt against
the municipality issuing the same, but shall be a lien only
against or upon the property and revenues of such util-
ity, including a franchise setting forth the terms upon
which, in the event of foreclosure, the purchaser may
operate the same, which said franchise shall in no event
extend for a period longer than 30 years from the date
of the sale of such utility and franchise under foreclosure
proceedings.
(2) Such mortgage revenue certificates or deben-
tures shall be sold for at least 95 percent of par value
and shall bear interest not to exceed 7.5 percent per
annum.


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Ch 1Rn






Ch MUNICIPAL PUBLIC WORKS


(3) No mortgage revenue certificates or debentures
shall be issued except upon a three-fifths affirmative
vote of the city council, or other legislative body of the
municipalities by whatever name known; such mortgage
revenue certificates or debentures shall provide that out
of the revenues and income derived and obtained from
the operation of the utility so constructed, such portion
thereof as may be deemed sufficient after all operating
costs have been paid, shall be set aside annually in a
sinking fund for the payment of interest on said certifi-
cates or debentures and the principal thereof at the
maturity of the same.
History.-s. 5. ch. 17118. 1935; CGL 1936 Supp. 3100(10); s. 18, ch. 73-302.

180.09 Notice of resolution or ordinance authoriz-
ing issuance of certificates.-Upon the adoption of res-
olution or ordinance by the city council, or other legisla-
tive body, by whatever name known, authorizing the
issuance of mortgage revenue certificates or deben-
tures, a notice thereof shall be published once a week
for 2 consecutive weeks in a newspaper of general circu-
lation in the county in which the municipality is located,
or by posting a notice in at least three conspicuous
places within the limits of the municipality, one of which
shall be posted at the door of the city hall or city offices;
provided, that if any of the mortgage revenue certifi-
cates or debentures are to be purchased by the United
States of America, or any instrumentality or subdivision
thereof, it shall not be necessary to advertise or offer the
same for sale by competitive bidding.
History.-s. 5, ch. 17118, 1935: CGL 1936 Supp. 3100(10).

180.10 When election necessary.-Where any
mortgage revenue certificates, debentures, or other evi-
dences of indebtedness shall come within the purview
of s. 12, Art. VII of the State Constitution, the same shall
be issued only after having been approved by a majority
of the votes cast in an election in which a majority of the
owners of freeholds not wholly exempt from taxation
who are qualified electors residing in such municipality
shall participate, pursuant to the provisions of ss.
100.201-100.221, 100.241, 100.261-100.341, and
100.351.
History.-s. 7, ch. 22858, 1945; s. 15, ch. 69-216; s. 64, ch. 77-175.

180.11 Referendum and procedure therefor.-
(1) A referendum may be held upon the issuance of
such mortgage revenue certificates or debentures in the
following manner: a petition shall be filed with the clerk
within 30 days after the date of the first publication of
the notice of the issuance of the proposed mortgage
revenue certificates or debentures or after the posting
of the notice, as hereinbefore provided. The petition
shall contain the nature of the objection to the proposed
utility or the issuance of said mortgage revenue certifi-
cates or debentures and shall be signed by 20 percent
of the registered and qualified electors of said munici-
pality. Such referendum shall be held not later than 60
days after the date of the first publication of said notice
as aforesaid or the posting of such notice.
(2) The aforesaid petition shall be filed with the city
clerk, or the officer performing the corresponding duties,
and the said clerk or officer shall ascertain immediately
if the requisite number of registered and qualified elec-


tors have signed the said petition; whereupon the clerk
or officer shall immediately report in writing to the mayor,
or the executive officer of said municipality, and to the
city council or other legislative body of the municipality,
by whatever name known; whereupon a resolution or
ordinance shall forthwith be enacted determining if the
requisite number of registered and qualified electors
have signed the petition, a resolution or ordinance shall
forthwith be enacted setting forth the date upon which
the referendum shall be held, appropriating sufficient
funds to pay the expenses of said election, designating
the places of voting and providing for the form of ballot
to be used. In determining the number of registered and
qualified electors for the purposes of determining the
sufficiency of the petition for referendum, the city clerk,
or such other officer, shall use the number of registered
and qualified electors at the last municipal election held
by the said municipality. All rules, regulations, ordi-
nances or resolutions pertaining to municipal elections
shall apply under the referendum herein set forth,
except where the same are inconsistent with the pro-
ceedings herein authorized.
History.-s. 5. ch. 17118. 1935; CGL 1936 Supp. 3100(10); s. 938, ch. 95-147.

180.12 Examinations and surveys.-Any munici-
pality, to carry out the purpose of this chapter, may,
through its officers, committees, agents, servants or
employees, enter into and upon private property where
it is proposed to construct said utility, or extensions
thereof to make necessary examinations and surveys,
and for such other purposes as may be required in the
accomplishment of the purposes of this chapter; pro-
vided, however, the municipality, before constructing
any of said works upon private property, shall first
acquire the right to take and use the property by agree-
ment or purchase or by proceedings or by the exercise
of the right of eminent domain in a court of the state hav-
ing jurisdiction of the same in the manner prescribed by
law.
History.-s. 6. ch. 17118, 1935; CGL 1936 Supp. 3100(11).

180.13 Administration of utility; rate fixing and col-
lection of charges.-
(1) The city council, or other legislative body of the
municipality, by whatever name known, may create a
separate board or may designate certain officers of said
municipality to have the supervision and control of the
operation of the works constructed under the authority
of this chapter, which said board or designated officers
may make all necessary rules or regulations governing
the use, control and operation of said works; subject,
however, to the approval of the city council, or other leg-
islative body, by whatever name known.
(2) The city council, or other legislative body of the
municipality, by whatever name known, may establish
just and equitable rates or charges to be paid to the
municipality for the use of the utility by each person, firm
or corporation whose premises are served thereby; and
provided further, that if the charges so fixed are not paid
when due, such sums may be recovered by the said
municipality by suit in a court having jurisdiction of said
cause or by discontinuance of service of such utility until
delinquent charges for services thereof are paid, includ-


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Ch 180a







MUNICIPAL PUBLIC WORKS Ch 180


ing charge covering any reasonable expense for
reconnecting such service after such delinquencies are
paid, or any other lawful method of enforcement of the
payment of such delinquencies.
History.-s. 7, ch. 17118, 1935; CGL 1936 Supp. 3100(12).

180.135 Utility services; refusal or discontinuance
of services for nonpayment of service charges by for-
mer occupant of rental unit prohibited; unpaid service
charges of former occupant not to be basis for lien
against rental property, exception.-
(1)(a) Any other provision of law to the contrary not-
withstanding, no municipality may refuse services or dis-
continue utility, water, or sewer services to the owner of
any rental unit or to a tenant or prospective tenant of
such rental unit for nonpayment of service charges
incurred by a former occupant of the rental unit; any
such unpaid service charges incurred by a former occu-
pant will not be the basis for any lien against the rental
property or legal action against the present tenant or
owner to recover such charges except to the extent that
the present tenant or owner has benefited directly from
the service provided to the former occupant.
(b) This section applies only if the former occupant
of the rental unit contracted for such services with the
municipality or if the municipality provided services with
knowledge of the former occupant's name and the
period the occupant was provided the services.
(2) The provisions of this section may not be waived
through any contractual arrangement between a munici-
pality and a landlord whereby the landlord agrees to be
responsible for a tenant's or future tenant's payment of
service charges.
.,(3) Any other provision of law to the contrary not-
withstanding, any municipality may adopt an ordinance
authorizing the municipality to withdraw and expend any
security deposit collected by the municipality from any
occupant or tenant for the provision of utility, water, or
sewer services for the nonpayment of service charges
by the occupant or tenant.
(4) In any case where a tenant subject to part II of
chapter 83 does not make payment for service charges
to a municipality for the provision of utility, water, or
sewer services, the landlord may thereupon commence
eviction proceedings. Nothing in this section shall be
construed to prohibit a municipality from discontinuing
service to a tenant who is in arrears 30 days or more, or
as required by bond covenant.
History.-s. 1, ch. 84-292; s. 1, ch. 88-332; s. 1, ch. 89-272.

180.14 Franchise for private companies; rate fix-
ing.-A private company or corporation organized
under the laws of the state for any of the purposes
recited in this chapter, may construct, operate and
maintain such works provided for in this chapter, within
or without the corporate limits of any municipality, upon
application by such company or corporation to the city
council, or other legislative body of the municipality, by
whatever name known, and the said municipality may
grant to said private company or corporation the privi-
lege or franchise of exercising its corporate powers for
such terms of years and upon such conditions and limi-
tations as may be deemed expedient and for the best


interest of said municipality for the accomplishment of
the purposes set forth in this chapter; said franchise,
however, to be for a period of not longer than 30 years;
provided further, that the rates or charges to be made
by the private company or corporation to the individual
users of the utility constructed or operated under author-
ity of this chapter shall be fixed by the city council, or
other legislative body of the municipality, by whatever
name known, upon proper hearing had for that purpose.
History.-s. 8, ch. 17118, 1935; CGL 1936 Supp. 3100(13).

180.15 Liability of private companies.-Any private
company or corporation constructing or operating any
of the works provided for in this chapter, within or with-
out the corporate limits of any municipality, shall be lia-
ble for all damages occasioned by the acts, negligence
or injury to the rights of other persons, firms or corpora-
tions in the same manner and with the same limitations
as any other private corporation chartered under the
laws of the state.
History.-s. 9, ch. 17118, 1935; CGL 1936 Supp. 3100(14).

180.16 Acquisition by municipality of property of
private company.-When a municipality has granted to
a private company or corporation a privilege or fran-
chise, as set forth in s. 180.14, if at the expiration of the
term of the privilege or franchise and after petition of the
private company or corporation, the municipality fails or
refuses to renew the privilege or franchise, then upon
further petition of the private company or corporation, its
property, consisting of all the works constructed and
used in the operation and use of the utility, together with
the appurtenances, materials, fixtures, machinery, and
real estate appertaining thereto, which is on hand at the
time of the expiration of said privilege or franchise, shall
be purchased by the said municipality at a price to be
mutually agreed upon; provided, however, if the price for
same cannot be agreed upon, the price shall be deter-
mined by an arbitration board consisting of three per-
sons, one of whom shall be selected by the city council
or other legislative body, 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 municipality,
then the municipality shall file appropriate condemna-
tion proceedings under chapter 73, within 6 months
after the date of filing the original petition.
History.-s. 10, ch. 17118, 1935; CGL 1936 Supp. 3100(15).

180.17 Contracts with private companies.-Any
municipality may contract by and through its duly
authorized officers with any private company or corpora-
tion which is organized for any purpose related to the
provisions of this chapter, and may contract with said
private company or corporation for the construction or
use of such works authorized by this chapter.
History.-s. 11, ch. 17118. 1935: CGL 1936 Supp. 3100(16).

180.18 Use by municipality of privately owned util-
ity.-Whenever a private company or corporation shall
construct or operate any of the works authorized by this
chapter, the municipality wherein the same shall be con-
structed or operated shall not use the said works in any


Ch. ~BO


F.S. 1995


MUNICIPAL PUBLIC WORKS





un. i~u VIUSlI.M~rMLi rUOLI1% WV'.jfnl;~


manner except by and with the consent of the private
company or corporation in the manner and upon the
terms and conditions which are mutually agreeable to
the private company or corporation and the municipality,
except as hereinbefore provided.
History.-s. 12, ch. 17118, 1935; CGL 1936 Supp. 3100(17)

180.19 Use by other municipalities and by individu-
als outside corporate limits.-
(1) A municipality which constructs any works as are
authorized by this chapter, may permit any other munici-
pality and the owners or association of owners of lots or
lands outside of its corporate limits or within the limits
of any other municipality, to connect with or use the utili-
ties mentioned in this chapter upon such terms and con-
ditions as may be agreed between such municipalities,
and the owners or association of owners of such outside
lots or lands.
(2) Any private company or corporation organized to
accomplish the purposes set forth in this chapter, which
has been granted a privilege or franchise by a municipal-
ity, may permit the owners or association of owners of
lots or lands outside of the boundaries of said municipal-
ity granting said privilege or franchise, or other munici-
pality, to connect with and use the utility operated by the
said private company or corporation upon such terms as
may be agreed between the said private company or
corporation and the owners or association of owners of
said lots or lands or the said municipality.
History.-s. 13, ch. 17118, 1935; CGL 1936 Supp. 3100(18).

180.191 Limitation on rates charged consumer out-
side city limits.-
(1) Any municipality within the state operating a
water or sewer utility outside of the boundaries of such
municipality shall charge consumers outside the bound-
aries rates, fees, and charges determined in one of the
following manners:
(a) It may charge the same rates, fees, and charges
as consumers inside the municipal boundaries. How-
ever, in addition thereto, the municipality may add a sur-
charge of not more than 25 percent of such rates, fees,
and charges to consumers outside the boundaries. Fix-
ing of such rates, fees, and charges in this manner shall
not require a public hearing except as may be provided
for service to consumers inside the municipality.
(b) It may charge rates, fees, and charges that are
just and equitable and which are based on the same fac-
tors used in fixing the rates, fees, and charges for con-
sumers inside the municipal boundaries. In addition
thereto, the municipality may add a surcharge not to
exceed 25 percent of such rates, fees, and charges for
said services to consumers outside the boundaries.
However, the total of all such rates, fees, and charges
for the services to consumers outside the boundaries
shall not be more than 50 percent in excess of the total
amount the municipality charges consumers served
within the municipality for corresponding service. No
such rates, fees, and charges shall be fixed until after
a public hearing at which all of the users of the water or
sewer systems; owners, tenants, or occupants of prop-
erty served or to be served thereby; and all others inter-
ested shall have an opportunity to be heard concerning
the proposed rates, fees, and charges. Any change or


revision of such rates, fees, or charges may be made in
the same manner as such rates, fees, or charges were
originally established, but if such change or revision is
to be made substantially pro rata as to all classes of ser-
vice, both inside and outside the municipality, no hear-
ing or notice shall be required.
(2) Whenever any municipality has engaged, or
there are reasonable grounds to believe that any munici-
pality is about to engage, in any act or practice prohib-
ited by subsection (1) or subsection (5), a civil action for
preventive relief, including an application for a perma-
nent or temporary injunction, restraining order, or other
order, may be instituted by the person or persons
aggrieved.
(3) This section shall apply to municipally owned
water and sewer utilities within the confines of a single
county and may apply, pursuant to interlocal agreement,
to municipally owned water and sewer utilities beyond
the confines of a single county.
(4) This section shall not apply to a municipality in
a county operating under a home rule charter if that
county has in operation under the charter an agency
regulating water and sewer systems except as provided
in subsection (5).
(5)(a) Any municipality operating a municipally
owned water and sewer utility and providing water and
sewer service outside the boundaries of the municipal-
ity, which municipality is eligible for and specifically
exercises the exemption from county rate regulation as
provided for in paragraph (b), shall charge consumers
outside the boundaries the same just and equitable
rates, fees, and charges as consumers inside the munic-
ipal boundaries.
(b) The provisions of this section shall be applicable
within a county that was regulating water and sewer
rates on or before May 1, 1988, with respect to any
municipality operating a municipally owned water and
sewer utility outside the boundaries of the municipality,
provided that:
1. The municipality was providing water and sewer
service to any consumers outside its municipal bounda-
ries before May 1, 1988;
2. The governing body of the municipality adopts
an ordinance, under the authority of this section, modify-
ing the current water and sewer system rate structure
in such manner as may be necessary to bring the
method of rate determination into compliance with the
provisions of this subsection and declaring the munici-
pality's exemption, to take effect upon the effective date
of said ordinance, from county agency regulation of
water and sewer rates, fees, and charges; and
3. The municipality remains in compliance with the
provisions of this subsection.
Nothing in this subsection shall be construed to require
eligible municipalities to so exempt themselves from
county rate regulation or to subject municipal water or
sewer utility rates, fees, and charges for services ren-
dered within the boundaries of a municipality to regula-
tion by a county agency, and any such rates, fees, and
charges shall remain a matter of municipal determina-
tion in accordance with law.
(6) In any action commenced pursuant to this sec-
tion, the court in its discretion may allow the prevailing


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MUNICIPAL PUBLIC WORKS


party treble damages and, in addition, a reasonable
attorney's fee as part of the cost.
History.-ss. 1, 2. 3, 4. 5. ch. 70-997; s. 1, ch. 88-301; s. 1, ch. 92-181.

180.20 Regulations by private companies; rates;
contracts.-Whenever any private company or corpora-
tion organized for the accomplishment of the purposes
of this chapter is granted a privilege or franchise by a
municipality, it may prescribe the terms upon which
owners and occupants of houses, buildings or lots may
obtain the use of the utility constructed and operated by
the said private company or corporation, and the rate
charged for such use, and also the rate and terms upon
which the municipality may use such utility for public
purposes; such rates, however, shall be subject to the
approval of the city council, or other legislative body of
the municipality, by whatever name known; provided,
however, that the municipality may contract with the
said private company or corporation to pay the said
company or corporation a flat or fixed rate for such ser-
vice and use of the utility and may pay out of the general
revenue or any special revenue such rate as agreed.
History.-s. 14, ch. 17118, 1935; CGL 1936 Supp. 3100(19).

180.21 Powers granted deemed additional.-The
authority and powers granted by this chapter to munici-
palities shall be in addition to but not in limitation of any
of the powers heretofore or hereafter granted to munici-
palities now existing or hereafter created.
History.-s. 15, ch. 17118,1935; CGL 1936 Supp. 3100(20).

180.22 Power of eminent domain.-
(1) Any municipality or private company or corpora-
tion authorized to carry into effect any or all of the pur-
poses defined in this chapter may exercise the power
Sof eminent domain over railroads, traction and streetcar
lines, telephone and telegraph lines, all public and pri-
vate streets and highways, drainage districts, bridge
districts, school districts, and any other public or private
lands or property whatsoever necessary to enable the
accomplishment of the purposes of this chapter.
S(2) Any municipality which exercises its power
under this section outside of its corporate boundaries for
the accomplishment of the purposes of this chapter may
finance such extraterritorial project in any manner in
which it is presently authorized by law to finance a like
project within its corporate boundaries.
History.-s. 16, ch. 17118. 1935; CGL 1936 Supp. 3100(21); s. 1, ch. 78-198.

180.23 Contracts with engineers, attorneys and
others; boards.-Any municipality desiring to con-
struct, maintain or operate any of the utilities described
in this chapter, may contract with engineers and attor-
neys for professional services required for the accom-
plishment of any or all of the purposes of this chapter;
provided, however, that such employment is to be evi-
denced by written agreement setting forth the terms
and conditions of the employment; provided further, that
l such municipality may also create such other offices and
boards as may be necessary and expedient for carrying
out the purposes of this chapter and shall provide suit-
able and fit compensation for the same.
History.-s. 17. ch 17118, 1935. CGL 1936 Supp. 3100(22).

1180.24 Contracts for construction; bond; publica-
tion of notice; bids.-


(1) Any municipality desiring the accomplishment of
any or all of the purposes of this chapter may make con-
tracts for the construction of any of the utilities men-
tioned in this chapter, or any extension or extensions to
any previously constructed utility, which said contracts
shall be in writing, and the contractor shall be required
to give bond, which said bond shall be executed by a
surety company authorized to do business in the state;
provided, however, construction contracts in excess of
$25,000 shall be advertised by the publication of a
notice in a newspaper of general circulation in the
county in which said municipality is located at least once
each week for 2 consecutive weeks, or by posting three
notices in three conspicuous places in said municipality,
one of which shall be on the door of the city hall; and that
at least 10 days shall elapse between the date of the first
publication or posting of such notice and the date of
receiving bids and the execution of such contract docu-
ments. For municipal construction projects identified in
s. 255.0525, the notice provision of that section super-
sedes and replaces the notice provisions in this section.
(2) All contracts for the purchase, lease, or renting
of materials or equipment to be used in the accomplish-
ment of any or all of the purposes of this chapter by the
municipality, shall be in writing; provided, however, that
where said contract for the purchase, lease, or renting
of such materials or equipment is in excess of $10,000,
notice or advertisement for bids on the same shall be
published in accordance with the provisions of subsec-
tion (1).
History.-s. 18, ch. 17118, 1935; CGL 1936 Supp. 3100(23); s. 3, ch. 73-129; s.
19, ch. 90-279; s. 27, ch. 95-196.
'Note.-Section 55. ch. 95-196, provides that nothingig in this act shall be con-
suued to authorize a state agency to discontinue the collection and maintenance
of information contained in any required report repealed or modified by this act,
unless the state agency is specifically authorized to discontinue such collection and
maintenance pursuant to this act or another section of law."
Note.-Former s. 255.26.

180.25 Contents of notice of issuance of certifi-
cates.-The form of the notice for advertising the pro-
posed issuance of mortgage revenue certificates or
debentures shall contain the amount of the certificates
to be sold and the rate of interest thereon; a description
in general terms of the utility to be constructed; the time,
place and date where bids for the sale of the same are
to be received; and such other pertinent information as
may be deemed necessary.
History.-s. 19, ch. 17118, 1935; CGL 1936 Supp. 3100(24).

180.26 Form of certificates.-The certificate of
indebtedness to be issued under the terms and condi-
tions of this chapter shall contain a description of the
utility, the revenue of which is pledged, together with the
terms of payment of the same, as is established by the
ordinances or resolutions of the municipality, in accord-
ance with the conditions heretofore established in this
chapter, and may or may not have attached thereto
interest coupons, and shall contain such other and fur-
ther conditions as shall be determined by the governing
body of the municipality, in accordance with the terms
and conditions of this chapter.
History.-s. 20. ch 17118, 1935. CGL 1936 Supp. 3100(25).

180.301 Purchase or sale of water, sewer, or
wastewater reuse utility by municipality.-No munici-


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MUNICIPAL PUBLIC WORKS


pality may purchase or sell a water, sewer, or
wastewater reuse utility that provides service to the
public for compensation, until the governing body of the
municipality has held a public hearing on the purchase
or sale and made a determination that the purchase or
sale is in the public interest. In determining if the pur-
chase or sale is in the public interest, the municipality
shall consider, at a minimum, the following:
(1) The most recent available income and expense
statement for the utility;
(2) The most recent available balance sheet for the
utility, listing assets and liabilities and clearly showing
the amount of contributions-in-aid-of-construction and
the accumulated depreciation thereon;
(3) A statement of the existing rate base of the utility
for regulatory purposes;
(4) The physical condition of the utility facilities
being purchased or sold;
(5) The reasonableness of the purchase or sales
price and terms;
(6) The impacts of the purchase or sale on utility


customers, both positive and negative;
(7) Any additional investment required and the abil-
ity and willingness of the purchaser to make that invest-
ment, whether the purchaser is the municipality or the
entity purchasing the utility from the municipality;
(8) The alternatives to the purchase or sale and the
potential impact on utility customers if the purchase or
sale is not made; and
(9) The ability of the purchaser to provide and main-
tain high-quality and cost-effective utility service,
whether the purchaser is the municipality or the entity
purchasing the utility from the municipality.
The municipality shall prepare a statement showing that
the purchase or sale is in the public interest, including
a summary of the purchaser's experience in water,
sewer, or wastewater reuse utility operation and a show-
ing of financial ability to provide the service, whether the
purchaser is the municipality or the entity purchasing
the utility from the municipality.
History.-s. 2, ch. 84-84; s. 6, ch. 93-51.


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