§ 2-31-103. Powers of the county.

In addition to the powers which it may now have, the county shall have the power under this article to:

(a)

Construct, acquire, improve, maintain and operate such system within the territorial boundaries of the county, and the territory in any county adjacent thereto, and to acquire by gift, purchase, or the exercise of the right of eminent domain lands or rights in lands or water rights in connection therewith, and any of the property, real or personal, tangible or intangible, necessary, desirable or convenient for said system.

(b)

Operate and maintain the system for its own use and for use and benefits of its inhabitants, and also to operate and maintain the system for use and benefit or persons, firms, corporations, municipalities, or other public agencies or bodies located within the territorial boundaries of the county or territory in any county adjacent thereto, who shall use the facilities and services of the system, and to enter into contracts or agreements for the supply and distribution of water, the furnishings of sewer services for domestic or commercial use, the collection and disposal of solid waste and the control and management of stormwater runoff with any such persons, firms, corporations, municipalities, or other public agencies or bodies.

(c)

Issue bonds to finance or refinance, in whole or in part the cost of the acquisition and construction of additions, extensions and improvements to the system. The board, in determining such costs, may include all costs and estimated costs of the issuance of the bonds, all engineering, inspection, fiscal and legal expenses, all costs of preliminary surveys, plans, maps and specifications, interest which it is estimated will accrue during the construction period and one year thereafter on money borrowed, the cost of credit enhancement and/or liquidity support, if any, initial reserve funds for debt service, if any, and working capital, the costs of the services of agents or persons, corporations, firms, partnerships or associations employed, or consultants, advisors, engineers or fiscal, financial or other experts in the planning, preparation, supervision and financing of the system. The county is hereby authorized to employ and to enter into agreements or contracts with consultants, advisors, engineers, attorneys or fiscal, financial or other experts for the planning, preparation, supervision and financing of the system, or any part thereof, upon such terms and conditions as to compensation and otherwise as the board shall deem desirable and proper.

(d)

Prescribe, fix, establish and collect fees, rentals or other charges (hereinafter sometimes referred to as "revenues") for the facilities and services furnished by the system, or any part thereof, either heretofore or hereafter constructed or acquired, on an equitable basis; provided, however, that such fees, rentals or other charges, or any revision thereof, shall be fixed and established by resolution of the board only after notice of public hearing shall have been published at least once not less than ten (10) days (or such other period as may be prescribed under applicable general Florida law) prior to such public hearing in a newspaper of general circulation in the county. The board shall, at such public hearing, be required to disclose all purposes for which such increased and/or new fees, rentals or other charges or assessments will be used.

(e)

Levy special assessments for all or any part of the cost of the system against the lands and real estate specially benefited by the construction and/or services of the system or any part thereof, such special assessments not to exceed in any event, however, the special benefit derived by such lands or real estate from the construction or improvement of services of the system. Such special assessments shall be levied in the mode and method of procedure provided for the levy of special assessments as provided under applicable Florida law.

(f)

Pledge to the payment of the bonds, and interest thereon, an amount of the revenues derived from the facilities and services of the system, including parts thereof theretofore acquired or constructed by the county, and including extensions and improvements thereof thereafter constructed or acquired, sufficient to pay the bonds and the interest thereon as the same shall become due and, to the extent determined by the board, to create and maintain reasonable reserves therefor, and in addition, to pledge any special assessments levied as provided herein. Such amount may consist of all or any part of such revenues and/or special assessments.

(g)

Acquire and use any right-of-way, easement, lands under water, or other similar property rights, necessary, convenient or desirable in connection with the acquisition or construction of additions, extensions and improvements or the operation or maintenance of the system.

(h)

Enter upon any lands, premises, waters or other property for any purposes necessary, convenient or desirable to carry out the purposes of this article.

(i)

Require all lands, buildings and premises to use the facilities and services of the system, except as herein otherwise noted, in all cases deemed necessary or desirable by the county and by the laws of the State of Florida.

(j)

Require the system to make payments to the county's general fund, such payments to be made in lieu of taxes and/or franchise fees which a privately owned utility would be required to pay.

(k)

Provide for exemptions from the rates, fees, charges and/or assessments for certain users of the system and/or property benefitting from the services of the system, provided such exemptions are fair and reasonable and are permitted under applicable law.

(Ord. No. 91-27, § 3, 1-15-91)