This act [article] shall not affect any franchises granted or acts taken by the board
of county commissioners of said county pursuant to Chapter 24182, Laws of Florida,
Acts of 1947, or any amendments thereof, or to repeal any of the provisions thereof;
provided, however, that the board of county commissioners of said county may covenant
in the proceedings authorizing the issuance of bonds under this act [article] that
it will not thereafter grant or cause to be granted any franchise to any person, firm
or corporation for the supply, distribution or furnishing of water or sewer services,
and the exercise of the powers provided in said Chapter 24182, Laws of Florida, Acts
of 1947, and any amendments thereto, and in Chapter 29837, Laws of Florida, Acts of
1955, as amended, [F.S. §§ 153.01—153.20] after the issuance of any bonds pursuant
to this act [article], shall be subject to any such covenants.
Said board of county commissioners may also covenant with the holder of bonds issued
pursuant to this act [article] that when said county, with the consent of the governing
body of any municipality or other political subdivision, has constructed or acquired
facilities for the supply and distribution of water and furnishing of sewer services
in such municipality or other political subdivision shall not thereafter supply, distribute
or furnish water or sewer services, or grant any franchise for the same, within such
municipality or other political subdivision except in accordance with the proceedings
authorizing the issuance of said bonds pursuant to this act [article]. All such covenants
shall be valid and legally binding on the county and such municipality or other political
subdivision, and shall be fully enforceable in any court of competent jurisdiction
by any of the holders of said bonds issued pursuant to this act [article].
(Ord. No. 14-41, § 39, 10-7-14)
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