§ 2-31-317. Powers of the county.

In addition to powers which it may now have, Manatee County shall have power under this act [article]:

(1)

To construct, acquire, improve, maintain and operate such utility system within the territorial boundaries of said county, and territory in any county adjacent thereto, and to acquire by gift, purchase, or the exercise 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 utility system, including specifically the power to acquire by the exercise of the right of eminent domain lands or rights in lands or water rights in connection therewith owned by any other political subdivision of the State of Florida, except chartered municipalities. The exercise of the right of eminent domain provided for herein shall be in accordance with the procedure set forth in Chapter 74 of the 1963 Florida Statutes, except that if the court finds that the petitioner is entitled to possession of the property prior to final judgment, the court shall enter an order requiring the petitioner to deposit such sum as the court shall determine will fully secure and fully compensate the persons lawfully entitled to compensation, which deposit shall not be less than one hundred (100) per cent of the value as fixed by the court-appointed appraisers. Said utility system may be a water system only or a sewer system only, or a combined water and sewer system; provided, however, that such utility system shall not be constructed, acquired or maintained outside the boundaries of said county without the consent of the municipality, or the county if said utility system will be located outside any municipality, evidenced by resolution duly adopted by the governing body of said county or municipality.

(2)

To operate and maintain such utility system for its own use and for use and benefit of its inhabitants, and also to operate and maintain such utility system for use and benefit of persons, firms, corporations, municipalities, political subdivisions or other public agencies or bodies located within the territorial boundaries of such county or territory in any county adjacent thereto, who shall use the facilities and services of such utility system, and to enter into contracts or agreements for the supply and distribution of water and the furnishing of sewer services for domestic or commercial use with any such persons, firms, corporations, municipalities, political subdivisions or other public agencies or bodies; provided, however, that said county shall not be authorized to supply, distribute or furnish water or sewer services outside the territorial limits of said county, or within the territorial limits of any municipality or other political subdivision within said county, except upon the consent of the governing body of said municipality or other political subdivision within said county, or of the territory outside the territory limits of said county.

(3)

To issue its bonds to finance, in whole or in part, the cost of the construction, acquisition or improvement of such utility system. The board of county commissioners, in determining such costs, may include all costs and estimated costs of the issuance of said 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, or which it is estimated will be borrowed, pursuant to this act, initial reserve funds for debt service 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 such utility 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 such utility system, or any part thereof, upon such terms and conditions as to compensation and otherwise as the board of county commissioners shall deem desirable and proper.

(4)

To prescribe, fix, establish and collect fees, rentals or other charges (hereinafter sometimes referred to as "revenues") for the facilities and services furnished by such utility system, or any part thereof, either heretofore or hereafter construed 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 of county commissioners only after notice of a public hearing shall have been published at least once not less than ten (10) days prior to such public hearing in a newspaper of general circulation published in said county.

(5)

To levy special assessments for all or any part of the cost of such utility system against the lands and real estate specially benefited by the construction of such utility 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 such utility system. Such special assessments shall be levied in the mode and method of procedure provided for the levy of special assessments in Section 153.05, Revised Statutes (Sec. 5 of Chapter 29837, Laws of Florida, Acts of 1955, as amended) [F.S. § 153.05] to the full extent that such provisions are applicable. Such special assessments may be made payable by the governing body of the county in not exceeding fifteen (15) annual installments, and the governing body may provide for a period within which such special assessments may be paid only upon payment also of all or any part of the interest which will become due on such installments on the maturity dates of such installments of said special assessments. Those special assessments, herein authorized, shall bear interest at such rate or rates as may be established by resolution of the board of county commissioners, provided; however, that such interest rate shall not exceed nine (9) per centum per annum.

(6)

To pledge to the punctual payment of bonds pursuant to this act [article], and interest thereon, an amount of the revenue derived from the facilities and services of such utility system, including parts thereof, theretofore acquired or constructed by said county, and including extensions and improvements thereof thereafter constructed or acquired, remaining after payment of the expenses of operation, maintenance and repair of such utility system, sufficient to pay said bonds and the interest thereon as the same shall become due and to create and maintain reasonable reserves therefor, and in addition, to pledge any special assessments levied as provided herein.

(7)

To use any right-of-way, easement, lands under water, or other similar property rights, necessary, convenient or desirable in connection with the construction, acquisition or improvement or operation or maintenance of such utility system held by the state or any political subdivision thereof, and the State of Florida hereby consents to such use whenever necessary to carry out the purposes of this act [article].

(8)

To enter upon any lands, premises, waters or other property for any purposes necessary, convenient or desirable to carry out the purposes of this act [article].

(9)

To require all lands, buildings and premises to use the facilities and services of such utility system, except as herein otherwise noted, in all cases deemed necessary or desirable by the county.

(Ord. No. 14-41, § 39, 10-7-14)