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HomeMy WebLinkAbout2003 07 28 Regular F Appointment to City of Winter Springs' Alternate to the South Seminole and North Orange County Wastewater Transmission Authority COMMISSION AGENDA ITEM F Consent Informational Public Hearing Regular X July 28. 2003 Regular Meeting ~ ~- Mgr. I ep1. Authorization REQUEST: The City Clerk requests that the City Commission approve an Appointment to replace Mr. Roy Prince who prior to his recent resignation has served as the City of Winter Springs' Alternate to the South Seminole And North Orange County Wastewater Transmission Authority. PURPOSE: An Appointment is needed to replace Mr. Roy Prince who has been serving as the City of Winter Springs' Alternate on the South Seminole And North Orange County Wastewater Transmission Authority. CONSIDERATIONS: Mr. Donald Gilmore is currently serving in the capacity of Representative (for the City of Winter Springs) to the South Seminole And North Orange County Wastewater Transmission Authority. Mr. Roy Prince had been serving as the Alternate (for the City of Winter Springs) to the South Seminole And North Orange County Wastewater Transmission Authority, until his letter of Resignation was recently received. CITY OF WINTER SPRINGS CITY COMMISSION REGULAR MEETING - JULY 28, 2003 REGULAR AGENDA ITEM "F" PAGE 2 OF 2 As a result, the City Commission is being requested to make an Appointment to replace Mr. Roy Prince as the City of Winter Springs's Altemate to the South Seminole And North Orange County Wastewater Transmission Authority. Any Appointment should be made in consideration of the criteria provided from the South Seminole And North Orange County Wastewater Transmission Authority in Attachment "B" - specifically 78-617 - Section 4. A copy of the Resignation letter from Mr. Roy Prince was forwarded to the Mayor and City Commission upon original receipt of Mr. Prince's letter of Resignation. If an Appointment is not made at this Meeting, it will be placed on subsequent Agendas, until this vacancy has been filled. RECOMMENDATION: It is recommended that the City Commission make an Appointment of an Altemate to the South Seminole And North Orange County Wastewater Transmission Authority. ATTACHMENTS: A. A copy of the Resignation letter from Mr. Roy Prince. B. Introductory information from the South Seminole And North Orange County Wastewater Transmission Authority and excerpt from 78-617 - (including Section 4.). COMMISSION ACTION: . ATTACHMENT "A" . . . . . RI!CEIVIED JUN 1 2 111n~ CnYOfvv'NrER~ CITYH~l ,I",J CC: ccjcfltt en; G June 10, 2003 Mayor Bush City Hall 1126 East State Road 434 Winter Springs, FL 32750 Dear Mayor, I hereby resign from my volunteer position as a member of the Board of Directors for the South Seminole & North Orange County Wastewater District. Sincerely, ~~ Roy Prince 111 SISSO COVE WINTER SPRINGS, PL. . ATTACHMENT "B " . . . SOUTH SEMINOLE & NORTH ORANGE COUNTY W ASTEW ATER TRANSMISSION AUTHORITY 410 Lake Howell Road P.O. Box 941837 Maitland, FL 32794-1837 Telephone 407/628-3419 Fax 407/628-3419 .( The South Seminole & North Orange County Wastewater Transmission Authority, an existing Independent Special District, owns and operates an untreated wastewater transmission system located in portions of Seminole County, Orange County, the Cities of Casselberry, Winter park, and the City of Maitland, The Authority provides such transmission service to Seminole County, . The Cities of Maitland, Casselberry and Winter Park and can provide service to the City of Winter Springs. . The Transmission System consists of nineteen (19) pumping stations and approximately thirty (30) miles of pipeline ranging in size from eight (8) inches to forty-eight(48) inches. The total transmission system of piping has a total hydraulic capacity, under peak conditions, of more than forty (40) million gallons per day. The current load on the system averages approximately eleven (11) million gallons per day. The Wastewater, Transmission Authority was created by an Act of the Florida Legislature in 1978 and began its design work in the spring of 1979. Design was completed, a Construction Grant was obtained from the Environmental Protection Agency, and Bond Anticipation Notes were issued during 1981, with construction on the system beginning in February 1982. Initial flows into the ',system were begun in February 1983 and the total system completed in the fall of 1983. Bond Anticipation Notes issued in December 1981 were replaced by Sewer Revenue Bonds in December 1983 and replaced at lower interest rates with bond issues in 1986 and 1993. During the next ten years we do not anticipate any specific identifiable replacement of these facilities, but as equipment fails or becomes overloaded, it will be replaced out of current reserve funds or at the cost of a developer who may be imposing such overload of the system, Our current anticipation as to capacity and demand remains at the forty (40) million gallons .plus and ultimate capacity with a probable average demand between fifteen (15) to twenty (20) million gallons per day, . FIGURE 1 AUTHORITY SERVICE AREA .. . .:,," ,. i , ';; .'.1: I,:, . " .:."A; : '..: .'",' q, ...:."~~ '. + r" .' . ,:, :~ .... ""i[ ;'~"': L':'.';r: ,:"',.'.,:r " . ... ::,1' ;';@i:~l .' ,:;( :."'1 ....:.-:.~,'l SAJn.AJrOO SPIt l.lliS 10 ',-',j 'i , ! , 'I , '.\ .' I "," \' , , ' . " \ . , > , , I I I I '1 '. ---'~~~~~' , GIWIIiC: c:oom ..: ,,; Service Area Limits . -3- :H"P7ER -";.r11 - " . -- ~~( .... CHAPTER' 78-:611 Senate 8111 No. 1341 \ , '. AN ACT creating 'the South Seml~ole and Morth Oranqe County wastevater Tran.mlsslon Authority, declaring the Intent and purpose of said act, providing l'le9al description ,of the authorlty's boundary and a method of IDOcUfylng 'the boundary Unes, providing for a 9overnln9 board" providing defl~ltlons, prescribing the purpose and povers of the authority, providing for the Issuance of revenue bonds, providing a ~ethod for charging for services performed, requiring customers to provide a ilethod to pay for services,' recelved" providing pe.altles for nonpayme~t, providing for sealed bids for contracts for construction or I~prbvements, prohibiting free wastevater transmissIon services, providing for conveyance of' property to the' authority' vithout consideration, provldinq for cooperation vlth other 90vernmental units, boardS, and agenclu and Individual" providing for covenant of the state not to alter or limit the rIghts and -aovtra of the authority, providing for exemption of the authority fro. taxation, providing for exemption of the authority fro~ certain requlationSl providing for deposit of, !'lOney received, providing for sale of surpluS property, providlnq for 'liberal construction and severabllityr providing an effective date. ' - 6e It Enacted by the Legislature of the State of Florida: Short tltle.--Thls act ~ay be known and cited as the and North Orange County Wastewater Transmission Sect ion 1. South Seminole Author! ty Act. Section 2. Intent and pur'pose.--It Is hereby declared to be th. Intent of the Legislature that thv best interesU of the public hulth', safety, and velfare vlthln the boundarillS of the South ~~mlnole and Horth Orange County Wastevater Transmission Authority, ~erelnafter created, necessitate the for~atlon of a,separate local agency of the government with povers designed to meet the particular needs of said area In relationship to trans.lsslon of vastewater to the ~eglonal Sevage TreatJnent plint. Th. vastevater Is to be received from the retail collection systems owned and operated by the mun lel pa 11 t les, count les .and othe rs and' transported by the author! ty t~rou9h its facilities to the Regional Sevage Treatment plant which I s to be ovned and operated by others. . It is the Intent that the ~uthorlty created herein be'limlted In It. povers, responsibilities, facilItIes and scope of operation and malntenanc. Jctivltles In order to avoid, duplication of operating and ~alntenanee personnel, equlplIlent, and facllltles with' those ulstln9 of the' represented 5ponsorlng governments. It is further the Intent of the LegislatUr' that needs be lIlet in such a ...ay as' to cause IIi n I mUll damaqe to th~ area'- resources and environment and prevent additional environment. problellls (rolD beinCJ' created, a. vell as provldlnl) solutions to ellstlnl) proble... "axlmum use of .xlatlnl) systemB shall be ~ad~ whenever feasible, and consistent with the purposes of this act. 1. Is also the' intent of the Legislature that current and 10~9 ran~. plannlnq shall be c:arrled out so th.at required services are \II'. available at the lovest possible cost as the eh~racterlstlcS of t~. area cha.. In order to carry out the Intent expreased herein t 348 1"~:..utborltY InUl nlVW ..... .~....-' - .... ..sntaln, op.rate, ovn or leue in the capacity of lessor or lessee a . ~~:...tevater trana.hslon systell except as otherwise provided In th! , ~: :: .ic~ and. to 9rant such additional rights and povel'S as herelnafte~ conferred. . It .-; '. .,' . . : s.ctlon 3. Boundarl...--Ther. ia hereby creat.4 and ..tabll h d , :t', politIcal subdivision of the state to be \nown as the South Se:l~ol: ,'..'and North. orange County wastewater TUR$..lsslon Auth' it ~t ,.rtlnafter referred toll the authorS ty. whIch shall ellbrae:r a~d '~',. Include portions of the unincorporated areas of Oran9. and S I 1 ~..~ County, Florida, ,Ind portions of the Incorporated areas of th:1l ~~t e !I-:~ of "altland, the' city of Winter park, the City of Casse1be ~ .\_:the City of winter springs, Florida, as followS: ' ny, an :~. . ,'i'; Begin at the SW corner of the SE 1/4 of the S"t 1/4 of ' Sect I ....:r:!,~wnship 22 South, Range 29 East, run thence East 3/4 IIlle to t~~ l~& :,.. corner of said section 12; also being the SW corner of Seetl 7 ~.f tovnshIp 22 South, Range 30 Eastr thence East 9B2..1 feet alon on th; "J" South Une of laid Section 7 to a point 129 feet Ea'st f 9th u . _!;:.,. 35 f B 1 Sh 0 e Nn ~~~orn.r of Lot ee, Block 0 ever y ores as recorded in Plat B 0\ .;: 0, page H of the pubHc Records of orange County, Florida, the~ce :,: South 158.66 feet to a point on the North line of Nottlnghalll A ~:::-: 129 feet East of the SE corner of Lot 43 of said Block 35J t~:~~: ~~~,soutb.aaterlY alonCJ the East line of Nottln9ham Avenue 238 feet more :l1~:or less to the centerllne of the abandone4 Seaboard Coastline ,.:=:loRIUroad, thence Northeasterly along said centerl1ne 265.5 feet to '1~~tbe East Une of the NW 1/4 of the NW 1/4 of Section 18, Tovnshi 22 ~',~, South, Range 30 Ent, thence South, to the SW corner of the NE l/l f ":,!: tb. NW 1/4 of said Section 18, thence East 1/4 II\l1e'to the SE 0 '.:;~ of the NE 1/4 of, the NW 1/4 of said Section 18, thence South l/~o~~~~ ',_?'. t.o the SW corner of the SW 1/4 of the NE 1/4 of said Section IS' ....: thlnce Eeat along the South line of said SW 1/4 of the NE 1/4 t · 1i!" point 435.7 feet West of the SE corner of the SW 1/4 of the HE 1/: : -:,~,' aald Section 18r thence Southwesterly to the SW corner of Lot ~ ~~~ Ilock C of the. Ripples as recorded In plat 800k 5, Page 26 of th; ;i~"ubllc Records of Orange county,' Florida, continue th ~r. Southwesterly 289 feet ~re or less to the mouth of .Sprlng B enhe: "'f h h 1 1 Id 's ,ranc :~~=: at Lake s'ue, t ence Sout tester y ~ ~n9 sa pring 8ranch- 566 'feet :...~., to the center of a concrete y In the center of said's I ;~~"Innch.r thence If 76036'E 88 feet, thence S .86030'E 693.86 feet'~~ n~ v~. point on the East dght of vay line of winter Park Road; thence North' ,}l.'rialong sald right of yay llne 581.3 feet IIIOre or less to a point 20 .~..f.et South of the NW corner of Block F of Parklando No.2 as recorded ~\~. In plat Book N, Page (5 of the Public Records of Orange County : ?" florldar thence East 632 feet 1Il0re or less to a point on the Eas' ,A,. Un. of .ald Block " thence North 20 feet to the Nt corner of sal~ ~~: 'lock r, thence North 329.5 feet to the NE corner of the SE 1/4 of ~'~~'Ietlon 18, Tovnlhlp 22 South, Range 30 EastJ thence N 890 09'40- E ~~)10 feet to a point 54.78 feet East of the SW corner of Lot 15 Block !)oJ~."D, of Quail Hollov as recorded In Plat Book .3, Pages 53 . 54 of the \i::.. )ubllcRecords of Orange County, Florida, thence S 490(0'25- E 124.86 ::~;.f.et to the South corner of said Lot 15, thence N 16043' E 86.2 feet '..f th.nce S 89009'40. W 0.3 feet, thence H 0055'49- E 175 feet to the S~ '_'~.'. eorner of Lot 12 of sa Id Block Dr thence N 89009' 40. E 230 fee t to :~. the, st corner of Lot 11 of said alock DJ thence South 175 feet to ~~th. SM corner of t 1/2 of the SW 1/4 of the NW 1/4 of Section 17 i\";\>own.h,lp 22 South, Rang' 30 East, thence East 1/8 ll11e to the sf: '~.eorner of the SW 1/4 of the NW 1/4. of said Section 17, thence North' ,,\'.;l2U.16 '[eet 'IIOre or lellS to a point 30 feet South of the NE f.~}f the SM 1/4 of the HW 1/4 of said Section 17J thence East 1/2co~~;~ : ~, . . 349 ,-nl\r"..n ."'--_. , . \.) ,~o . Poln~ 30 f..t South of the NE cornet'of the SW 1/4 of the NE 1/4 'of said s.ctlon 17, thence North 30 feet to alld MI corn.r, thence East 1/4 .Ile to the SE corn.r of the HE 1/4 of the ME 1/4 of aald Section 11, .alao being the SW corner of the NW 1/4 'of the NW 1/4 of Section 16,' Township 22. South, Rang' 30 tlat, th.nc. Eaat 96.fe.t ~ore or less to the w.st right of vay Iln. of Llke.on~ Avenue,' also known I' the Orlando-Winter P.rk Ro.d, thenc. Sout~.rly along said right of vay ISne 1/4,mll. aor. or 1..1 to . point 30 f.,t North and 30 h.t wut of the SM corn.r of the 1IW 1/4 of s.ctlon16, Tovnshlp 22 South, Rang. 30 East, thence East 30 f.et, thence South 30 fe.t to said 8M corner, thence East 3/16 elle eorl or Ie.. to the SE corner of ~ot 2 of "ac Callum's Subdivision as recorded In,Pllt Book A, Pa9' 98 of the PubUc Records of Orange County, 'lorldl' thence North 1/4 mil. to the Intersection of the Northerly estenllon of the East line of sa Id Lot 2 vi th the South, 11 ne of the lU" 1/4 of the NW 1/4 of sa I d Section 16, thence East 15 feet IIOr. or leu to the SE corner of the W 112 of the SE' 114 of the NW J/4 of the NW 114 of, uld Section 16~ thence North 1/8 .U. to the NE corner of the W 1/2 of the SE 1/4 of the NW 1/4 of th.. NW l/e of said Section 16, thence Wut 960 feet more or les= to . point 30 feet East of th. SW corner of the NW l/e of the NW 1/4 of the NW 1/4 of said Section 16, aho' bCllrig on the East right of vay line of Lakemont A~~nue, then~e North 1/16 mile along said right of vay line to . poInt 30 feet more or less East of the SM corner of the" .1/2 of the NW 1/4 of the NW 1/4 of the NW 1/4 of said Section 16, thence ElISt 630 feet \lIOr. or len to the SE corner of the N 1/2 of the NW 1/4 of the NW 1/4 of the NW 1/4 of said ~ectlon 16, thence North 330 feet more or llss to the NE corner of the NW 1/4 of NW 1/4 of the NW 1/4 of saId Section. 16, thence East 3/8 mile to the NE corner of the NW 1/4 of said Section 16, thence South 346.1 feet more or less to the SM corner of th. M 1/4 of the NW 1/4 of the NE 1/4 of said Section 16, thence East 1/4 eile to the SE corner of the N, 1/4 of the NW l/e of the NE 1/4 of' said Section 16, thence South 2336.85 feet ~ore or less to the SW corner of the E 1/2 of the ~E 1/4 of said SectIon 16, thence East 1/4 l1111e to the SE corner of the NE 1/4 of said Section 16, uld corner being the West 1/4 corner of Slctlon 15, Tovnshlp 22.South, Range 30 tast, thence East to the Ent 1/4 corner of said SectIon 15, said poInt being the West 1/4 corn.r of Section 14, Tovnshlp 22 South, Range 30 East' thence tast 1/4 11I11. to the SE corner of the West 1/2 of the NW l/C of said section 14, thence South 1/8 mile to the SW corner of the North 1/2 of the NE 1/4 of the SM 1/4 of said sectlon'le, thence East to th. SE corner of the North 1/2 of the NE 1/4 of the SW 1/4 of said Section 14, said corner being on the centerline of State Road IS-A, also knovn as Goldenrod Road, thence North along the centerline of said state. Road lS-A to the .NW corner of the SE 1/4 of said section 14, thence East along the. North line of the SE l/e of said Section 14, a dlstance of 41 feet 1I0re or less to a poInt 2599.02 feet west of the tast l/e corner of, said Section 14, thence Southerly and Easterly along the West and South lines of Ivanhoe tltates UnIt 3 a. recordld In Plat Book 3, Page 50 of the P'ubllc jlecords of Orang' County, Florida, to the SE corner of Lot 12, Block G of said Ivanho~' Estates, Unit 3, thence tasterly and Northerly along the Sout~ an East lInea of Ivanho. Estates, Unit 2, as recorded In plat Book )~ page 46 of th., Public Records of Oran9' County, Florida, to the No. corner of Lot U, Block B of said Ivanhoe Estltee, Unit 2,thenc, N~rtherly and westerly along the tut and North linn of Ivanho. Est.tes, U~lt 1 .as recorded In Pl.t 800k 2, Page 129 of the public Recorda of Orange County, Florida, to thl KW corner of Lot 1, Block A of .aId Ivanhoe Eltatea Unit I, thence welt.rly along the North lIn~ of Ivanhoe Estat.., Unit 4, as recorded In Plat Book J, Page 68 0 the Public ~ecords o( Orang. County, Florida, to the centerline of . 350 '~-..Id St.ate Road lSA, sald centerlln. belnC) ~ne "es~ l1ne ot the N1: '1 1/~ of Section 14., Tovnlhip 22 South, Range 30 East, thence Northerly :,. ; to' the North 1/4 cornU of .ald s.ctlon 14, s.ld point being the ",." South 1/4 corner of section 11, Tovnship 22 South, Range 3D [ut, t: ~,thenc' Northerly along the west .lIne of the SE 1/4 of said Section : '. 11. 1/1 .11. IIOrt or. lees to the SW corner of the North 1/2 of the'SW -:. ,.1/4 of the SI 1/4 of ..Id section 1h thence Easterly along the South ,~~'lln.' to .the SE corner of the North .1/2 of the S\If 1/4 of the SE 1/4 of ~~, ..14 Section Ih thence Northerly ~long the East line of the J;orth :,~':1/2 of the SW 1/4 of the SE 1/4 of saId SectIon 11, to the NE corner ,'~ of the North 1/2 of the SM 1/4 of the SE .1/4 of said Section 11, said .~;. point beirl9 the Southeast corner of. Lot 29 of Laurel Springs .~t Subdivision a. recorded In plat Book 4, Page,16. Public Records of ,::fOUrlge County, Florida, thence Northerly ~10n9 the East line of said /.... Llurel SprIngs to the Northeast corner of Lot 17, Laurel Springs, .1~~~..ld corner beIng on the North Une of the SE 1/4 of said Section 1h ;/t!o- thine. Westerly alOrl9 the North line of said Laurel Springs to the .':;: centerline of State Road IS-A, said point being the NW corner o~ the ,~: IE 1/e of Section lh thence Northerly along the centerline of said .) sut. Road 15-A to the point of intersection vlth the centerline of :'i':;i' florlda Technological University (F.T.U.) Boulevard, thence Easterly i,'i dOrl9 the centerllne of said F.T.U. Boulevard to the point of ..:t"IntlraectIon vith the East line of the SE 1/4 of Section I, Tovnshlp :,~~,.. 22 'South, Range 30 East, thence North along the East line of tl':e SE }.:>: 1/4 to the East. 1/4 corner of said Section ,lr thence North along the * lilt Une of the Morthea.st 1/4 to the NE corner of said Section 1 .:~. ..id corner beIng on dividing line betveen Orange and Seminole count; ~~..and also being the SW corner of Section 31, Tovnship 21 South, "ange ~~ 31 t.st, thence East along the Seminole CountY-Orange County line to .~~~Deln Road, thence Northwesterly along the East right-of-way line of ....:: Dun Road to the Intersection of Dean Road and State Road 426~ tl':ence '''l~ 1I0rtheasterly along the East r19ht-of-way 11ne of State Road 426 to ~~, tb. East llne of the NE 1/4 of section 20, Township 21 South, ~ange 1i-i.[. J1 tast, thence Northerly alo"9 the East line of Sections 20, ~", .8 ~~:...' and 5, all said sections beIng In Tovnship 21 South, Range 31 East, .~~,,:',to the Northeast corner .of said Section 5 said corner being the '~i. Southeast corner of Section 32, TownshIp 20 South, Range 31 East. ~;: th.nce Northerly along th. East line of said Section 32 to the Sout~ ~~: Ihore of La~e Jessup, thence proceeding generally Westerly and ..i:= 1I0rtherly Illeanderlng along said South shore of Lake Jessup to the ~~,Wllt end of La~. Jessup at the mouth of Soldiers Creek, being a point :1;.:.... on the Moses E. Levy Grant line, thence generally Westerly along the ~ ..14 Moaes E. Levy Grant line to East right of vay line of State Road ,,~,400 (being U.S. Highway 17-92), thence generally Southerly and ",j'::..,lIuterly along sald East rIght of way line of State Road 400 to the ,'.q,' interaection of said East right of way line vi th the South r I;ht of ;~~, w.y. line of Seminola Boulevard, thence Westerly and Northerly along ~~ ..id South right of vay line of Seminole Boulevard to the East right .,..".of vay line of State Road e27, thence southerly and Westerly along ~,J'.::.hId Eut right of vay line of State Road C27 to the Intersection .z;W with the tast right of vay llne of the Seaboard Coastllne Railroad: ;,;thence Southerly and westerly along the East right of way line of :~~!ald Seaboard CQutllne Railroad right of way line to the Orange ~~countY-StIllnole County line, thence westerly 6lon9 the Orange County- :1; a..lnole County 11ne to the East right of way'lIne of Interstate No. 'i.'~l I, thence southerly along the East right of vay line oC said Jht~r.t.t. No.4 to the intersec~lon vlth a line defined as running . ,::1>etw..n a point 991.11 feet North of the Southwest corner of the -:.Iorthvut 1/4 of Section 35, TownshIp 21 South, Range 29 East, and a .#'$,'polnt 991.11 feet. North of the Southeast corner of the Northeast 1/4 ~::~f laid Section 35, thence East along sald line to the point 991.11 ,~. ~: If.f: . 3Sl . feet 'North of the Southeast corner ~of the Kort.heast 1/4 of said ',' sectfq,n 35, thence Ellt on a Une parallel with the South line of SectIon ~6, Township 21 South, Range 29 East, 662.00 (eet, thence rUn South to a poInt 662.00 feet East of the Southwelt. corner of said Section 36, thence East along the South Une of seld SectIon 36 to . point 1"0.4 feet West of the East line of the Northwe.t 1/4 of Section 1, Township 22 South, Ra"ge 29 Es.t, thenee South, parallel to saId Eut line, 641 feet, thence west, parallel to the North line of said section' 1, 234.1 fut 1Il0re or Ius to a poInt on the East line 36.6 feet South of the Northeast corner of Lot 5, Block C of Lake Bell Terrace as recorded In Plat Book v, Page 13 of' the Public 'Records of Orange County; Florida, thence Southerly along the tast line of said Lake Bell Terrace, 2~3.~2 feet to the SE corner of tot 3. alock D, . thence Easterly 125.69 feet to the NE corner of Lot 4 of saId Block D, thence Southerly along the East line of Blocks D, E,. and r of said Lake Bell Terrace 551.6 feet to a point 1436 feet South of the North line of' said SectIon,i: thence East, parallel to said North line 714.8 feet to a point 12.45 feet South of the North line and 151.35 feet East of the West 11ne of the Sf: 1/4 of the NW 1/4 of said SectIon 1, thence Southerly to a point on the South right of way line of Lee Road 122 feet East of the West lIne of the Southeast 1/4 of the Northwest 1/4 of said Section 1, thence East along the South right of way line of Lee Road to Its, Intersection. with the East rlCJht of way line of Gay Road: thence South along said right of way line to Its Intersection with the North line of Gay Road to the East: thfnce West 101.3 feet more or less to a point on the Northerly extension of the West line of B10c~ E of KIllarney Shores as recorded In Plat Book 0, Page 135 of the Publlc Records of Orange County, Florida, run thence South 193.9 feet Illore or less to the S~ corner of said Block E, thence East, along the South line of saId ~Illarney Shores to the SE corner of Lot 8, Bloct ~: thence North 146.36 feet to the NE corner of saId Lot 8: thence West 60 feet to t~ East right of ~ay line of Robert ~venue, thence North along said right of way and Its extensIon to the North right of way llne of Gay Road, thence Easterly along said North rIght of way line to. a point 100 feet West of the East line of Lot 3 of Lord's Sub~lvlslon as recorded In Pla~ Book P, Page 89 of the PublIc Record~ of Orange County, Florida, thence North SO feet: thence East 100 feet more or less to the East line of said Lot 3, at a poInt SO feet North of the North right of way 11ne of Gay ROlld, thence South along said East line and. the East Itne of Klllarney Shores as recorded In Plat Book 0, Page 1)5, of the Public Records of Orange County, Florida to the NE corner of Lot 1, Block C of said Klllarney Shores; thence west 245 feet more or less to the NW corner of Lot 2 of Block D of said ~ll1arney Shores, thence South 146~36 feet to the SW corner of said Lot 2, thence East 245 feet rnort or less to the Sf: corner of Lot) of said .Block C, thence South ,to the SE corner of Lot 2, BlOCk C of t.A. Chase's'Addltlon as recorded In Plat Book A, Page 13 of the. Public Records of OranCJe County, Florida, thence West 100 feet, thence North 115.5 feet parallel to the East line of Lots 1 and 2 of said Block C to"a po~nt 105.5 feet South of the North,llne of said Lo~ 11 thence West, parallel to the North line of saId Block C to a poInt on the West line of Lot. 7 of said Block C, thence Southerly along the West line of said Lot 1 to the NW corner of Lot 1 of t.B. "endsen'. 'Subdlvlalon as recorded In plat Book G, Page 143 of the Public Recorda of Orange count!' FlorIda: thence Southerly along th~ We~t line of said E.B. Mendsen; Subdivision to a poInt 25 feet South of the NW corner of Lot 5 0 said t.B. "'nds'n~1 Subdivision .lso being the NW corner o~ that portion of. KIllarney Estates as recorded In Plat Book K, Page 11 of the Public Records of Orange County, Florida lying In, Section l~ Township 22 South, Range 29 Ea,t, thence Southerly along the Wes . ~52 . . "';':'lint of'sald KUhrney. E.Utts to ue :;ou~n une or .ald Section 1, ..... -"thence Weet to theW corner of.the NI 114 of Section 12. TownshIp 22 . ~ South, Range 29. East, thence South alo"9 the West line of said NE l/~ "? 1790 fut IIOr. or lus to the ME corner of Lot J. Block C of : " L.wndale, 3rd Addition as recorded In plat Boolt L, Pa9. 95 of the ,......'Publ1c Record. of Orange County, Florid., thencewut 157 feet to the ",'-:;.: 11M corner of said Lot 3, thence South along the Weat llne of .ald :.~~~ 'Block C 252 feet 110ft or less to tM SW corner o( Lot 7, thence .East .'.:. 140.3 fut to the Sf: corner of saId Lot " th!nce South along the !'It ,~. Weet line of the NE 1/4 of Sectlbn 12, TovnlSh~P22 South, Range 29 i~~ Zlst 325 feet to. the NE corner of ' the S 1/2 of Lot 4, Block r of said :~. Lavndale, 3rd Addition, thence west 140 feet to the NW corner of the ,~.: S 1/2 of lIIIld tot 4, thence South 245 feet to the SW corner of Lot 1 ~ of said Block r, thence East 140 feet to the SE corner of tot 9 of !;.', uld Block Fl. thence South 25 feet to the NW corner of the Sf: 1/4 of ~: SectIon 12, Township 22 Sout~, Range 29 East, thence South 1/4 .Ile ~. to the SW corner of the NW 1/4 of the SE 1/. of said Section 12, ,~<:: thence West 1/4 IIlle to the NW corner of the SE 1/4 of the SW 1/4 of ~5. said Section 12, thence South 1/4 mile to the P.O.B. ~l~i:': :~\, .~t;;::~ . ,... ..~'. II) Selection of lIemben. The ~lty of "altland, the City of }~.'C.sselberry, ~he city of Winter Springs, the City of WInter park, and Tb Selllnole County shall be entitled to representatIon on the governing ~~,board. Each governmental entity shall appoint one member and one ,~~;~'.lternate mernber, and the alternate member shall be authorized by ~~~ .Ich respective entity to act In all matters for tbe member durlnq '~1,\~ the absence of the melllber at any duly authorized board lIutlnc;. ,tj,;, Appointees shall be qualified electors within the appointing :.~:'.~ governrnental entity. "embers of the board llI'y be elected offlclals, (~:.' ellployees of the respective entIties, or cltlzens residing within the '.;;.;" rupectlve entities, but shall not be a professional engineer, ;~~ .ttorney, or fIscal advIsor ,contracted to provide service to any of .~~ the entitIes, whether or not the contract Is for compensation and ,~<~, "hether or not the contract is wrl Uen, and shan not be party to a '~t, contract to provIde constructIon or maintenance .for the authority: ~i. and shall not be an employee of or owner of any Interest In a ,i'~ privately owned sewer utility. The appointing governmental entities ~~, .ay remove Its appointed member or alternate member from office at '~+. any tllle wlthou~ statelllent of cause and may appoint a new Ilember for '~'" the rualnder of the terll. Members and alternate members lIay be :~. r'lppolnted to successIve terms. A mellber or alternate member not "-0' reappointed at tbe expIration of a term shall continue to serve as a '.:>:' fully authorized melllber or alternate member until reappointed. '~f: removed frorn office, or a successor Is appoInted. ,:_,. ':~~. (2) Repruentatlon of board members. In all Illatters coming ~'.b'fo.re the board, the welC]ht of votes shall bet ~~ ;~., (a) The first SO votes shall be divIded equally alllong board ~{~, ...bers, plus ~!lf.:' Ib) An addItional SO voUS shall be divided 81110ng board lIe.ben ~~ In the 'proportIon that westewater flow from each governmental entity ;:~. _ burs to the total wast.eweter' flow from all C]overnmental entitles. .flow from any prIvate utilIty which Js a dIrect customer of the '. :authorlty shall not be'lncluded In deterlllnlnc; allocation of voting. ~~,lf a private utility Is a custoller of a governllental entity and the ~~ 'lIovernmenta1 entity is responsible for billing and collectlnC) for .~ luthorlty services rendered to the private utility, the private }~'~t , fo'l4, ..' Section 4. Governing board.-- 353 . CftAPTEJ\ 18-611 LAWS or f"LU/UU^ . "'nI'r. r." 11I-~11 ;ut'l1lt~l. walttev.tet flow shUl be Included In deterlllnlng the governllental entity's a~locatlon of votes. (c) wast~w.terflow for deteulnlng weight of v~Ung sh.U be th. quentlty of veetewater In one yeer ending September 30. rhe proportions Io.'derlved ahell.determlne weight of vo~lng froll October 1. to September 30 of the following year. (d) The first year of operation sh.ll begin when the flrit flov, of waatewater la transported to the reglon.l sewage tre.tment. plant through any part of the authority'. systell and sh.ll end on the following September 30. During the flrlt year of operation, the votes,that are apportioned by flov shall be. divided as, follow81 1.. City of Winter sprlng's.........~..............~....... 0 Votea.. 2. City of casselberry ...........................~...~.19 Votes. 3. Seminole County ....~..................~.......~..... 6 Votes. 4. City of ".Itland.............~....................... 8 Votes. S. City of winter Park ...........~.....................17 Votes. An entity with no ftov of waatevater in the luthorlty's ayatem ahall have none of the votu proportlonrd by flow but shall. share equally In . the flut fifty votes. Voting before the beginning of ,the first year of operation ahall be by one vote per entity. For determining votu weighted by flov, flov collected by a local collection system owned and operated by a govern~ental entity ahall be attributed to that entity whether or not the valtevater flov orlginatea in or out of the munIcipal or county boundaries of the entity. (3) , Date of selection.'.' The first board and .lternate members shall be appointed within 30 days after this act ta~ea effect Cor. a term c..mme.nclng October 1, 1978 and., terlllnatlngl Ca) For members appointed by :emlnole County, Septe~ber 30, 1979. Cb) For ~embers appointed by the City of Casselberry, September 30, 1980. (c) Yor. ~elllben appointed by the City of Winter Sprlnq" September 30, 1981. For members appointed by the City of Maitland, September 30, Cd) 1982. ' Ce) ror members.appolnted by the City of Winter Park~ September. 30, 1982.. J After this Uut tUII, terma of offiee shall be four / years, terminating on September 30. ' (4) rl111ng vacancies. If s Iltmber of the board 11 unable to aerve for any reason, the entity represented shall,vlthin 30 dayS After notification of that Inability, appoln~ a nev Illember or alternate .ember or both,'to ,erye the remaining ter. of office. Said not4lijatlon shall be addressed to the mayor or. chairman of the ~D"rTr.K III-O!I CHAPTER 78-61 IJ'\"" u&' clotvn.L"", 1:- ". board of the nprtaenttd 90vernlllentel entity and ahd1 be Inltlath ,f by. j}, CI) Absence froll two' consecutive duly authorized ..eetlngs of the ~. board as evidenced b~ minutes of board meetings. or ~~'. Cb) The lIl~lIIb.r's decision of InalHllty to a.rve. ,~:' (5) Seltctlon of officen. The bOard ahall '~e1ect a chairman and ;~( .Ice chairman frolll amonq : Ita members at itlS flnt meetings by ,~. .ajority yote, who ahal1 serve until the following September 30. The (\.', chairman and vice chalrllan for each succeeding year shall be ,:?f ,.IaUarly selected at the last meeting of the board that precedes (..r Septellber 30. The chalrlllanahal1 conduct and. call llleetlnqs of the .~~ board, the board ahall direct action and POlicy of the authority .'.,' director, and the chairman of the board and individual board members '~:, and alternate members shall have no further participation in the .:'::' operation of the authority. In the absence or inability of the ~. chalrlllan to act, the vice chairman shall perform the duties of the v chairman. ',f" .~~~. , (6) Records.. All actions of the board shall be recorded In the ',.=~' .inutes of Its lIeetlngs. Minutes shall be approved at each ,:',,':., aucceedlng meeting. Approved minutes shall be distributed by \IIaU :1-.t: "ithln 7 days after the meeting, at vhlch they ere approved, to each ,1: board ~ember and to the mayor or, chairman of the represented ~~ governmental entities. Public access to tneetlngs, tnlnutes, and all ,l~.:, other recorda of the authority shall be as required by state and ':';.' federal regulation. ," . (7) The Initial lIIeetlng of the boareS shall be within 90 days .~ after this act takes effect, and the board shall meet not less than :" once each calendar quarter thereafter. The board may change the day tl~e, location of any or all meetings or ~ay call special meetings b; .ajorlty vote at a regular meeting. Special meetings not called at a regullr m'etlng may be called by the chairman, by the vice chairman acting as chalr~an, or by mutual consent of any two board members by giving 72 hours' notice by registered maU to each lIIember and alternate lIember, and vlth notification to medIa as required by state .~: and federal regulation. The board may cancel \IIeetlngs but In no case ".,' ahall there be fever than one meeting each quarter of the year. The ,;., board shall deter.lne Its own rules of order for conduct of meetings _. ellcept that Robert's Rules of Order, RevIsed, shall apply for " plrlla~entary matters. All Illeetlngs shell be public to the elltent ". required by ltate and hderal regulations. :,. ,:;'; . , '1, " . . ...)" i~ C81 Ouorull. A quorulI lhall be necessary for yoUng on any Illatter .~. barore the bolrd and shall consist of four \IIembers. Regardless of ~i"totll vote, no .ction may be taken without the votes of at least two '::f~ .embers. Any mattet lIIay,be reviewed at any regular or properly '/.. called apecIal lIeetlng vhen' a quorulI Is not present but no vote lIlay ":',~', be talten except when a quorum Is present. 'i.' ~:" (9) Requlrtd YOU. No board lIeaber .ay tefraln or abstain frOIl ;.\0.: \'otlft9 on any matter properly before the board, except as provided by :~. atltute con~ernln9 conflict of Interest, but lIay move to table or '!f.dafar action on I matter. If any board lIember believes that voting :;'{.'; Would be a conflict of Interest, such poaUble confllct shall be ~.~;. Uplalned by that lIember to the board, and that explanation shall be '~i: ahown In the minutes of the meeting. Determination of whether a ~( D'"'' I, pUp" ,., C...ld..,,,::, by tho bo>c. I. ."'. by se.p. CRAPTtIJ ,18-611 . LAWS or' rl.UftllJ" . . ' ;And pQwers within this act and th~ Intent of the d~flnltlon Is to lllllt anI! not broaden the scope of activity. Deter.lnatlon. of proprlety lIIay, be voted, at the, request of an)' 'IDtllber and such determination shall tate precedence OVlr all other .atters before the board at. that tilDe. Voting shan only be by .e.blrs or alternate ~e~ber. present at a properly authorlzld meetln9. Failure of a qovernlDental entity to be represented at a properly authorized board ~eetlng shall not elone constitute cause to reconsider ~. lIatter. (10) Compensation. No co.pensation sh.ll: be, permitted a board. lIe~ber, alternate mellber,. the chairman or vice ch.lrllan for being a lIember or for expenses of any nature frolD funds of the authority or (rom any professlonaI"servlce, or construction contractor that has business vlth the authority. A qovernllental entlt)' reprlsented by a board lIellber or alternate ~ember lIay pay ,alarles or ,expenses of Its lIember or alternate ~elllber as It ,~eems app~oprlate" but lIIay not pay' ^ny .alary or expense of a member representing ,another entity. In all ~atters concerning the authority, board .e.bers or alternate lIembers shall be governed by state and federal requlatlon ,concerning conflict of Interest, ltlcltbaclt, contributions, lInd q1fts. State public financial disclosure regul~tlons shall app,y. , ~ (11) Indelllnlflcatlon. After appolnt\llent as a board tnelllber or alternate member and before beinq eligible to vote In any matte'r, each IIIt1l1ber and alternate \lIelllbH shall eucute a, bond in the penal ~urn of S50,OOO, payable to the authority and conditioned upon the [althful performance of duties prescribed or I~plled herein, which hond shall be. approved by the council or commission of the governmental entity .represented by the member or alternate member. The represented governmental entity shall pay the cost of the bond. The represented governmental entity llIay provide said bond by pledqe of Its ovn assets or may act as coguarantor for a bondlnq company. Rondlng companies shall be approved to d~ business in the state. Section 5. Deflnltlons.--~s used. In this act, the following words and terms shall have the fci1lovlng ~eanln9s, unless the context otherwise requires: (1) . .Authorlty. llIeans the South Seminole and North Orange County wastewater Transmission Authority. (2) -soard. ~eans the members of the governing body of the South Sernlnole and North Orange County wastevater Trans\lIlsalon Authority /lppolnted' to represent each governlllental entity encompassed by this act. . , (3) -Director- lleans a person appointed by the board to urve at the pleasure of the board and to (unction as Its chief executive oeflcn. (.) -WllSt~ater. ~eans sevage or effluent of any nature or originating frolll any source,' Including residential vasteS, or Industrlal vutu resultln9' from any processes or. IndustrY' rnanufacture, trade, or busl~ess,. or fro\ll the development of an)' natural resources. ($') .CustOIlU- IltanS any governllental entity or private utility vhlch dellve'n vastewater to the . facllltles of the authority for translIIlss Ion. . ~~~ iI!' -- .il Section S. PurpoS', and power..--Th. authority cre.ted :'J};, ..tabU abed by thta act I. hlrtby ljranted and shan' have aU L .." rights, poweu, and authority necessary, apPurtenant, or Incident. I ,~ to the carryln9 out of the purposes of this act. Including tl ~ follovln9 rights and poweUI ~~, "., :i\ (1) To "ploy a director who 'shan ~ · pinon of recogn1z' A~~. ability and experience to .trv. at,th. plea,ure of the bo d ~~'.contract for' legal counsel, engineers, consultan~s tarh'l I .Io;t'" ... f f h '" ec n CI ';:(. experts, an.. 8gents Of any purpose 0 t e. board lndudl, ~" englneerln9, architectural design, ~anage.ent. lever plannl al ';7:' other atudles concernlnCJ lhe' design or facUlties, an~' tl ~,acquIsltlon, construction. operation. lIaintenance re uIat! ' con.oUd.tlon, and financing of the translDlsslon s'st 9 0; i):-;' authority, to deterllbe the qualifications and flz' th~ c~:pe~: t~; '..'~ of such peraons, flrlls, or corporations, and to delenate t a ....., f It t 1 fits.... 0 one ' .". aore 0 sagen s or e\llp oyees any 0 POwers as It shall d . i.i. necessary to carry out the purposes .of this act, subject always e the .uperv la Ion and control of the board. NotwlthstancUn t' !~, provision herein stated, It .hall be the responsibility of9 t ~~~ Authority to utilize the servleea of the ataffs of partlclpatl ., aellbers to the fullest extent practicable and to not employ perso :~. "hose duties are essentially a duplication of the partlc:1patl :;s.,. members' staffs. "w' ' {~~; (2) To construct, Install, erect, acquire by :~ e.inent. dOllaln proceedings In accordance with ,~...:, chapters 73 and 74, Florida Statutes, and ',::';, reconstruct, lIIalntaln, repair, operate, and tra~smlsslon systell. -~.' . - purchaae, condelln the prOVisions to i~prove, enlarg regulate a seva , ., (3) To enter on any land, vaters, or prelllses located vlth!n authority in order to carry out the purposes of this act. .... .. .... . O-e:..:. . ~:.;:' (4) To provide for all surveys and for the preparation of plar. .~' Iptclflcatlons, and estlllates In connection with the construction *:. a aewage transmission systell. ~(i: .::;.-;. (5) To enter Into contracts and other Instrullents vlth ~:; governllent of the united States, or any other departllent :~: lubdlvlslon of the united states or the state of Florida, or vlth :,:;~:' lunlc1pallty or. private corporation, for or relatln.. t !~... translllulon of wastewater and for other ... 0 , purposes necessary :;:,~, proper to effectuate, this act. ~~~, (6) To borrow aoney, to Issue evldencea of Indebtednesl to ~f' for and accept grants and adlllnlster grants and cOllply vith a~l ~~ conditions on behalf of the authority and It. sponsoring entltle:,/ it..: ..lte donation. or loan" to provide aleS for the p1annll ~~:~ construction or reconstruction, or financing of any systell, and ~~ enter contracts, leases. or other tran..ctions with any agency of ~~~ United Stites governllent, the state, any agency of the sta ',:f' Ie.lnole County. orange County, or any aunlc1pal1ty or any ot' ,t:~. public body of the state, .nd to accept grantl or donations frolD ' ~. other .ouree, of either eoney. property, labor, or other things , ~: "lue, to b. held, und, and applied only for the purposes for vb : lach grants or donation. ..y be ~ade. ~rIrr (7) To fll. alUr, charljlt, estabUsh, nt, and .~ tat.., feu, rentals, and other charges for ',.": hcllltles furnished by the systell and ovned ~" ' . .... collect ruson. the service. or operated by 3S7 . CR),PTER.7Jl-611 . LAWS or P'LORIDA ..n"r&LK '''-~11 iauthori~y. an.d for aakln9 eon~.~tlon. andPu.. of ..... .nd to .nfore. penaltIes' or oth.r 1~9d ..easuru for dellnquency. In the, pay.ent II hereinafter. provided. whIch rat'l, f~e.. rental.. an~ other charge. . shall alway. b. sufficient to co.ply ~Ith any covena~t. ..de with th. holders of any bond. Issued pursuant to thh act and which 'sho\U be just and equitabb and unlforll for the sa.e ellSS of cu.tomers and consistent with applicable fede!al. requirements for" aam.. (8) To setvI' as a wholesaltservlce CUIt.OIlIf .of the entity or entiUes which operate t.he Regional, Sewage ,Treabent, Plant. t.o receive charges for such services, and to allocate such charges to the varloua participating entities accordln9 to the requlrellents of thl. act and according to regulations adopted pursuant hereto. (9) To require connection to the authority's transmission syste~ and to require ail, vastewater collection syste.s receiving or collectln9 vastewater from the public and operatln9 facilities located within the authorlty's boundaries to dhcharge their collected sewage directly or Indlrect.ly Into the authority's system for trans~lsslon by the authority to tho regional sewage treatment plant. AS for an exception, It Ie specifically noted that the Faclllt.y Plan, Orlando Easterly 201 pfannlng Area, July, 1~77, does not call for the connection of wlnt.er Springs to the authorl~y's "ystem until W.lnter Springs East plant reaches an average annu'al dlllly. flow of 1.00 "GD and Winter Springs West plant reaches an Average annual dally flow of 0.75 "GO. As a further exception, It Is duly noted that sellinole Cou~ty currently discharges no treated vastevater to surface vaters and has a valid operation pernit for the DI~e Road facility. Therefore, the County viII be required only to pay its portlon of debt service. That portion of debt service. . shall be determined by adding the flov treated at the Dike Road facility to the system flov to determine a base total, the flow at the County facUlty w111 then be dlvlded by the base ,total and lBult1plled by the annual system debt service to determine the County's portion of debt service. The County's portlon,of debt service will be paid In tvelve (12) IIlOnthly payments, this method of payment shall' continue until the Dike Road facility exceeds an average annual daily flow of 1.00 ".G.D. at vhlch time the County viII connect to the system and Its rlltes will become . those in effect for the Authority and further outlined In related sections of this Act. (10) 1'0 contract vlth any \Ilunlclpallty, county, or other qovernmental entity to provide the s~rvlce of transmission of vastewater through t.he authority's system. The authority may also contract'with'any private utility vhlch has a valid certificate Issued by the Florida Public Service Comalsslon, which certificate Is .In existence on the date t.hls act takes efCect.f provided, hovever, the private utility shall first attempt to-nego~late a sponsorship aqreeIBent with the governll\ental entity ,In whose territory the majorJty of the private utility's system is located. . . (11) To contract. with the represented part't"cIpatlng governments or other entity custo~ers or vlth a private contractor or contractors (or operation and .alntenance of .uthorlty-ovned 11ft st.atlons, force mains, and other faclllt~es according to the follovlng guldellnesl (I) All 11ft .t.atlona aervlng only on. entIty Ihlll bt operated and maintained by that entity at Ita own expense, In accordance vlth standards proeulgated by th~ authority, except, that major'repalrs or replacell\ents costing $1,500 or ~re shall be 'contracted by the. lluthor1t.~ Ita upense. . '.t.D .~. ---.- - -. (b; Tht authority ah.ll contract the operation 'nd ..Intenance ~ 11ft atatlon.. ser.lncJ IIOr. than one ,entity. The operation al. ..Intenane. costl shall be allocated unlfor.!y to users of the llf .hUon based on flov, ucept. that msjor' repairs or replacelBent .costlng $1,500 or' .cre shall be contrac~ed by the authority at It .xpense. Th. contract for operatlon,and maintenance shall be with In order of.p~eferencel 'L. ,.... ,,) :.'~~ ~'f' ~ ..' ~ ;~. 3',.: ~l:~ ,~. :f." }.tr" .I'&j i." . ". -~. :.~i. "'- 1. The. ent.ity, if any, which owned the lift station prior t. ImplementatIon of the authority's syst.em. ,2. An eslst.lng governmental entity, or 3. .,".prlvat. contractor. (c) The authority shall contract the operation and maintenance 0 Its systee of force mains and appurtenant facilities to one or ~r of the represented participating governmental entities or to private contractor. (12) To aut Injunctive rellef In a court of cOllpete" jurisdiction, rule or regulation adopted PUrsuant to the power granted by thIs act., without the necessity of shoving a publl nuisance in such legal proceeding. (13) To require thCil ,pretreatment of industrial ",astes vhen th ..me are not amenable to treatment with normal domestic sewage befor accepting industrial vaste for transmission, and to refuse to accep Industrial vastes when not sufficiently pretreated to standards a aet by the board or state or federal regulatory authorities, or owne of the Regional Treat~ent Plant. ' ,;,.;.. .. .,:.". ~,;,: ",";:j ~!,. ~ ; .J. '\t~ . ,'.' ..~ ~ ~;':- ~1 : ..... . .... (14) To construct, Install, erect, acquire and to operate .";.~" aalntaln, hllprove, extend, or enlarge, and reconstruct a seval) . transportation SYltem or systems within the boundaries of th ,~}~ authority, and to hay. t.he exclusive control and jurlsdlctlo thereofr to pay all or part of the cost of such construction ~, reconstruction, erection, acquisition, or Installation of such sevag ;p.... transportation system and additions, extensions, and Improvement \~\.:..'., thereto as otherwise provided In this act. The authority shal construct and own the system of force Il\ains and 11ft stations sho~ ~.:; on pagll VIII 0-47 through 60 of Volume III, Technical Appendix c '''.:'' .the raclllty Plan, Orlando Easterly 201 Planning Area, July, 1971 ,"". EPA Project C120399022. Such systelll Is hereinafter known as U $.~ Northerly. Interceptor Syste"" the connecting points for vhlch al '4~~ Itemhed In Table )-1, Page VIII D-lO of the facility plan. Hovevel i~ as final design progresses for each Increment of construction j ~ changes In connecting points are deemed advisable by the majority' c ::~< the designated representatives of the governmental entitles to t '~J; upreaented on the board, said changes shall be allowed. Tt :.1(-. . authority shall acquire those elements of the Northerly Interceptc ~- System currently owned by the units of local government vhlch are t .~~) be utIlized by the authorities. If said acquisition Is by purchasl :~ the units of local governllent shall sell these elements to tl ~~: authority for an a~ount equal to the portion reMaining at the tlllle t ~.;;._ acquisition of the outstanding debt attributed to these facl11tlel "Iowever, In no cue ,shall the acquisition alllount exceed the portlt ~~ of the outstanding debt attributed to these facilities remaining , t;,~.: of January 1, 1978. The authority may establish the maximum level , ~~. participatIon In reasonable costs of acquisition of facilities n, '!It- owned by a local governlllent as of January 1, 1978 and vhieh at'e .~i.' ~. 359 . b~~ol\e: at p8rt of the Northerly Interceptor sys~'". .l~ .. nv... ..nw J1nten~' of this action to violate existing bond co..nant., theretore, where additional .oney. or actIons are required" the authority and the seller ahall ,cooperate (ully to Inaure that the transaction la cOWlphted at IIlnllnal additional' cost.. Reference II .ade .to subsection (11) for specific, lllllutlona and qulde1lnes on the operation, and maintenance of the authority's syatea, to subs.ctlon (J7) for specific 11111 tat Ions and guidelines for the expansion of the authority's system, ahd to subsection (19) for. asau~ptlon .or retirement of Indebtedness. (l5), To acquire, purchase, hold, l.ue 'as hun, and use any franchise; property, real, personal, or IIlxed, tangible' or Intangible, or anylntereat therein necess~ry fo~ carrying out'the purposes of the authority except as prohlbl:e~ herein. (16) To provide wholesale ~astewater trans..lsllon service within the authority's boundaries. Hov'yer, the authority I' Ipeclflcally prohibited from o~nlng or operating facilities ot In any other way providing retail se~age collection serylce directly to homeowners or other retail customers, or providing sewage treatment or effluent dl~posal servlcea, or any other service other than a ~holesale vastevater transmission service. ~' (17) To develop plans to provide vutewater transmission service to present and future population centers within the authority" boundaries In a timely manner and to coordinate Its planning and programs with those of the appropriate municipal, county, state, and (ederal agencies. Before the authority's Interceptor system shall be expanded beyond the scope of facilities defined' aa the Northerly Interceptor System, the facility plan shall be amended to Include the proposed expansion In accorda~ce with appllcabl~ [ederal and state laws and re9ulatlons. The amended facility plan shall be approved by the authority, said approval shall require the affirmative vote of a minimum of three members of the Board. The local share of the costs of said expansions beyond the scope of facilities shown as the Northerly Interceptor System!shall be paid by the entity or entities to be served by the expansion, unless the authority board unanl~ously ~pproved allocating said costs uniformly to all users of the authority's system. (18) To contract for necessary laboratory services with the owner of the re910nal plant or 'other governmental or private entity. The" authority shall specifically no~, const!uct, own or operate, or rent or lease laboratories. (19) To assume or retire the current Indebtedness of any system or systems for which the authority ass~meS responsibility. (20) To Issue revenue bonds for the purpose of this act, In the manner hereinafter provided. (21) To pledge, or encumber all or ant part of the revenues, rates, fees, rentals, or other charges or rectlpts of 'the authority as security for all or any of the obligations, of this authority. (22) To auea"d be 'sued, hnplead and be IlIpluded, cOl\lplaln and defend In all courts. (23) To' pledge to the punctual pa~ent of bonds pursuant to thiS act, and Interest thereon, an amount of the revenue derived frolll the. . 360 ~i~ i::i~di~;. pt;t; tbtreof thtutofore acquuea 01' c:onnruc:ua D'f IIUQ ..!,:'~ 6uthorlty, IncludlnC) tlunslons and Improvements thereof thereafter .f-~ constructed 'or acquired, aufflclent to p&y said bonds and the :'14 'Interest thenon aa, the aame shall becotlle due, and to create ane! , ~ aalntaln reasonable.re.erv.. therefor, and .In addition, to pledge any ,~ . Ipeclal assesallents levied as provided herein. Such amount lDay ~. cons1st of all or any part of auch revenueS. , it.... : ." , ~~~. (24) To ui., In connection with the construction, acquisition, :~i taprovellent, operation, or maintenance of such vastevater ~~.'transmlsllon systell" Iny right-of-way, ease_ent, lands under water, ~r.:-. or other' slllllar property rights, necessary, convenient, or "".~: desirable, held by the state or any polltlcal subdivision which .~~; consenta to such use, whenever necessary to carry out the purposes of !::"; 'this act and when. In nllSonable conformity with the Intent of local :':.~, regulations. :}t~l. (25) To' prescribe and prolllu19ate necessny rule. and regulations ~.. consistent with the prOVisions of this act,. to requlate the use of '=i' the trans~lsslon system, and to set standards and specifications for ,~~. physical facilities and their operation and m~lntenan~~. Section 7. Issuance of ~evenue 90nds.-- . ~.. . .~~ ... ~~ (1) Scope" To pay aU or part of, the coat of the acquisition, 'I~':, constructIon, utenslon, or Illlprovelllent of sewage transportation ,~:< .ystems, the purchase fto&l 90vernmental entitles of existing sewage ~:., transportation fadlltlu, and any and all other improvements vhlc~ :.~~. ..y be authorhed or per.ltted by this act (hereInafter collectlvel~ "."", called .projectsW), the authority is authorized to lssue, frolll tllu to time, revenue bonds (hereinafter called wbonds.), In amount! ".. luff ldent for suchpurpos... The bonds may be I n coupon or full \ ':;~,: registered fortll, In such denomination or denominations, bear Interes; ~:.. It such a rate or rates not 'exceeding that rete per annum allowablt by general law, and mature at such tIme or times, not neeedlng 41 '.':? years [rOil their date or dates, as may be determined by the board, The bonds lIIay be made redeemable before meturlty, at the option 01 '';: the board, at~ such price or prices and under auch termS ani I":: 'conditions as tIlay be fhed by the board prior to their Issuance. Thl :;~ board shall deterlllne the place or places of paYllent of the prlndpa. .:;"~' of and Interest on the bonds which lIay be at any bank or trus 'I~";.' COMpany vithln or ouulde the state. The bonda shall be signed b '::: the manual or facsimile al9natures of the chalrllan and the secretar '<~~' of the board, provided, however, that the bonds shall bear thereo :~.:. the .enual signature of one of such officers. The coupons attache ,r:. to- the bonds, If any, shall bear the facsimile signature 0 ;:~.: IIgnaturu of such officer or officers as shall be designated by th ~Jl board. The bonds shall have the Ileal of the board affhed , ,i.prlnted, reproduced, or lithographed thereon, and the coupons, I "~.!,...ny, ~ay have printed thereon W (Seal) w, all III may be prescribed I '7.~' the resolution or resolutions authorlting the Iss~ance thereof. Th t.;:: bond. shall be .old at public sale. In the event an offer of I "l~' Isllue of bonds at public sale produces no bid, or In the event a] ~~. blda r~celvldare rejected, the authority Is authorized to negotlat ~t~. for the sale of such bonds under such rates and terlls as al :"ii:.. 'eceptabl~, provided that no such bonds shall' be aold or delivered ~~~t.rel leel favorable than the terllS contained In any bldll rejected :~ the public sale thereof, or the terms contained In the notice ~ public sale If no bids were received at such public sale. s.f. " '!I-'". 'f!~ 361 . ........y ...n .a-v. .:0.-- . J' ' (2)}~~~~d-I~":: :bond~. ~~bjeet ' to tile ll~itation. contdn'ed in "u~sectl~' (1),:. the board llIay Issue bonds (hereinafter caUed .refund,.ftt~b!nd..).. to refund any bond I luued puuuant to thh act IInd proirld~for the rl9htl of the holden t.hereof. The ,refundln,g bond. "-l~'bi~ III"ed" 11'1 an allount sufflchnt. t.o pays .~~~:~~.~~~::"~' . - (a).Th.':'prlncipl1 ,of the outstanding ~ndl' , ':,~';;..;..; ..' " ',.. ' , (b) :::"T1i.' S'lterut due and payabh on tbe outstanding bond. to and Includln9~t.h. first date upon,vhlch the outltandlng bonds shalJ be callable';':; prior', to, llIaturlty or the dates upon which t.he principal, thereof Ihall' ..ture, , . (C'-'Th'~: red.llption prelllu!\l, If any, and (d) " ;.~y expense. of the tasuance and sale of the refunding bonds.. (3) 'Security. 'Th. principal of and Interest on the bonds shall be payable 101e11 fro. the rates, fees, charges, and other revenue~ derived by the authority frolll the, operation of the projects and may be eddltlonal1y payable fro. the principal of or Int~rest on any Invest.ents of' luch revenues. The ,~Inclp.l of and Interest on the refunding bonds shall be payable Bole1y froll such revenues or any other funds of the authority legally available therefor. (.). Negotiabl. Instruments. The bond I and the r;fundlng bonds shall lllao be and they are hereby const.ltuted negottable Instruments (or the purposes of and under the lavs of the state. ' (5) R'efenndun. No referendum or election of qualified voters shall be required for the uerc:lse of any of the. provisions ,of this act unless such referendulII shall be required by law. (6) COlt of project. The cost' of the acquisition and construction of the projects shall be deued to include, but not be limited to, the cost of acqulsftlon of real property and Interestain real property, legal, engineering, fiscal, and architectural fees and fees of all other experts or consultantl, 'engineering or ~rchltectural studle., surveys, plans, and designs, the capitalization of Intereat for a reasonable period after Issuance of the bonds, the establishment of reasonable reservel for debt service, all 'expenses of the luuance, authorization, and sale of the bonds and proceedlngl necessary or appropriate In connection therevlth, and such other expenses as are necessary, Incidental, or appurtenant to the purposes authorized ~ereunder, Including the reimbursement of the hoard (or any expenditure for any project authorized hereby vhich shall have been lIade by the board prior. to the issuance of the bonds herein authorized. section 8. chllrges.--The authority shall deyelop a systelll of charge. which shill provide sufficient revenuel to recover ,debt ~ervlce paYlllent., operation and ~alntenance' COlts, reneval and rep1aceeent fund requlre.ents, Ind luch other cost~ nec...ary for the proper and efficient operation of the authority In carrying out the Intent of this aet. To the extent practlcll, the c~arges shall be billed to tht custoller of the authority on the basis of . cost per unit .01UIIII of l,wa9. recetved by the authority. All charges sha1~ be consistent vlth applicable local, state, a~d federal lavs an regulations and with any bond covenants that .ay be In effect froll tlllle to time. . 362 "Sectio'n 9. eUlto.eri to ad~pt "VU, .ervtce charg...--tach ',; cu.toller Ihan adopt and uind appropriate .eVer service syste.. or ~) other aunl of obtaining funds'. vlthln ,thl. aua of jurlsdlctlon ;~~\. iccorcU"9 ,to appllcable local, state" and federal lavs and ~r.gulatlons, to provide sufficient periodIc pa~ent. to authority for ;:. " chugu lev:ed by the author! ty.., ' , Section 10. pen.lti.. for'nonpay.ent.--The authority .ha~l bill ..ch cuato.er for lervlces on a .onthty basi. In accordance vlth the '~.;.. ltandard bl1l1n<J procedure of the authority. tach cu. tOiler shall pay ~7. luch billings within 30 dllYs of the date the IlOnthly bUl Is lIIalled. ~l1. If 8 custOlltr don. not pay vithln the 30-day period, the cust01ller ij" Ihan pay an addl tlonal late charge , as, dened appropr late by the '~..~ board. If a billing or a portion of a billlnC) Is outshndln9 for a ~~ period of acre than 60 days fro. the date of the otl91nal billing, ,.5.:,;;. the CustOlllet shall be consIdered In default and the aut.horlty, In >.4; addition to all other rights and rellledles, may" by suit, action ~t.. .andamus, or such other proceedln9s at law or In,equlty, enforce o~ .~., compel the customer snd any'of the officers"8gents, or employees of a. 'the cUlltolller to perfor~ and carty OU~ their duties and obli9atlons ';:: 'under this act and ot.her, applicable lav. '';,' . .~ SectIon 11. Contracts for const.ructlon or IlIprovementsJ sealed " " bids. --All contracts let, awarded, or entered Into by the author Ity ':~. for the construction, reconstruction, acquIsition, Ot Improvement of j!~',,' a !!letter systelll or Iny part thereof, If the amount thereof shall ~C. ..ceed $5,000, shall be avarded only after publIc advertisement and ti~: call for sealed bids therefor, In a nevspaper published In the county 'J. elrculatlng in the service area of the authority or, if there be no ~r. luch nevspaper, then In a nevspaper published In the state and ';: 'circulating in t.he service area, such advertlselunt to be published ':,'. at least once no less than 21 days before the date set' for the ':.'; ucelpt of such bids. Such advertlsements for bidS, In addition to ,t: the other necessary and pertinent matters, shall state In general '~. terlls the nlture and description of the improvement and Improvements ';.' to be undertaken and shall state that detailed plans and '::"!': Ipeclflcatlons for such vork are on file for inspection In the office ~ of the authority and copies thereof shall be furnIshed to any ":,, Interested party upon payment of reasonable chargu to reimburse the :.' authority for Its expenses In providing Buch cophs. 11le avard shall .Jl.' b. lIade to the responsible and competent bidder or bidders vho shall ;,:.:' offer to undertake the IlIprovelllents at the lovest cost to the ::..'~ authority and, such bidder or bidden shall be required to file bond ,;: for'the full end faithful performance of such vork In such alllount as :.;:" tht authority board shall deterllllne. < In all ot.her respects the '~!.: lettIng of such construction contracts shall cOllply vlth appllc.bl~ }~'.. provhlons of general law relatln9 to the lettering of public ,~~ contracts. Nothing In this lectlon shall be deellled to prevent the ;:~l~ authority froe hiring or retaining sueh consulting engineers, -.:;;:: attorneys, financial uperu, or other technlelans as It shall du. .; necessary, ot frOIl undertaltlng any construction vork wlt.h Its o"'n (~~ resources, without any such public advertisement, except as required :~'~' by lav.)provlded, hovever" If an elllergency edats as defined herein, ~~ bid. shall not be required. Provided, the authority board Ihall !f~' plac. on public record the clrcuIIsUncea creating the eJlergency.' i~i .bergency. lleans any clrcU1\Istance creating an 1..ln.nt peril of the ~ . . 10.. of life or property or endangering public health, safety, and . ,,'. generaI welfau, Including financial vel fare, of the authority. .~. <I _., :,~:; Section 12. Free vastewater transllllsslon services prohibl ted.-- :'f:> Chuges shall be' fixed and collected frolll any county, sch:)ol ~r... ,'!.'. ~~i; 363 . CltAP'ttR 78-617 I.""~ VI' r ..."""..,,, -..... --.. ..... ....-. ~ " J . ,.11st'r'!:t, or other political' subdhhi"on using the servlees ani! facilities of ~he authority's transmission syste. as are fl.ed and collected fro. other users of luch facllltl.s In the sa.e class. No free service shall be rendered by the authorlty'and no dhcrhllnat:1.on shall e.ist In the charges'for users of the sa.. class. Section 13. .Conveyance of property without conllderatlon.--Any m~nlclpallty or political subdivision II authorlted to s.ll~ lease, grant, or convey any real or person.l property to the authority, and any such sale, grant, lea!!e, or COnv4lyance lIay be aade without forlllal consideration. However. any such sale. grant, lease. or co~veyance shall not be deelled cOllplete unless for.ally accepted by the board. Section 14. cooperation with other un~ts, bo'rds, agencies, and Indivlduals.--txpress authority and pover Is hereby given and granted counties, municipalities, drainage districts, road and bridge districts, school districts, or .any other political subdivisions, boards, cOllmlsslons, or Individuals In or of the state to lIake and enter into contracts, leases, conveyances, or other agreements with the authority, con8lst~nt ~Ith the provisions and purposes, of this act. The authority is hereby expressly authorized to lIak. and enter Into contracts, leases, conveyancHl, and other agreeJlents with any poll tical subdivision, agency, or Instr'Jllentallty of the state and any and all federal agencies, corporations, and Individuals for the purpose of carrying out the provisions of this act. Section 15. Covenant. of the state.--The at.te pledgea to, and aqrees with, the United States, that In the event any federal agency shall construct, or contribute any. funds for the completion, ~xtenslon, or Improvement of. the authorlty'a system or any part or portion thereof, the state viiI not alter or limit the rights and povers of the authority In any manner which would be inconsistent with the continued maintenance and operation of the systell or the completion, extension, or improvement thereof, or which would be Inconsl~tent with the due performance of any agreements between the authority and any such federal agency, and the authority shall continue to have and lIIay exercise all powers herein granted so long "IS' the same shall be necessary or desl uble for carrying out the purposes of the United States In the co~pletlon, extension, or Improvements of the sevage system or any part or portion thereof. Section 16. Exemption frolll. taxatlon.--The effectuation of the Iluthorized purposes of the authority cruted under this act Is, In "Ill respects, for the benefit of the people of the state and the eS tl zens of the district, for the ImproveJllent of their health and living conditions, and because such authority performs essential governmental functions In effectuating .such purposes, the authority shall not be required to pay any taxes or assessments of any kind or nature whatsoever upon any property acquired or used by.lt for such purposes, or upon any rates, fees, rentals, receipts, ,lnc~lIle, or charges at any time received by It, and the ~nds ISlued by. the "Iuthorlty, and their transfer, and the Income therefrom, Including ftny profits made on the sale thereof, s~all at all tlllles be free from taxation of any kind by the state or by any political subdivision, tulng agency, or Instrumentality thenof. However, the exemption .qranted by this section shall not beeppllcable to any tax Imposed by chapter 220, rlorldA Statutes, on Interest, Inco.., or profits on d~bt obllgat~ons owned by corporations. When property of the authority Is leased, It ahall be exempt (rolll ad valorea taxeS only If the use by the lusee qualifies the proprrty for eJlUlptlon under s. 196~199'iorlda Statutes. ~(:. ' \ '. , o. r AN :,.. ,('. ~ . :.' :~~.. t .':~ ";:- ."- '}i,;' 1'~: ~ .,\, ~t~ <.. ", i! ":" . :i;:. ;.f. '" .~.... '~ ' .~;..' "J.... ;;j,: 'f', ~. :.,' :-t{o. .Jt, 'J;; ~k- Section 17. Exemption ftoR regulatlon..--Th. public seweraqc licllltlea operating In and under the, authority of this act an, within the area of the authority shall be exempt from any of the regulatory provlllons of ch.pter 367, florida Statutes, as It nOli Ixlsta or as It lIay. be aaended. ' Section 18. "oney' of authority eyste..--Tht IIOneya of thl ..uthorlty derived fro. such Iyatell, after bond a or other obligations have been Issued purauant to this' act, ahall be deposited In one or .ore banks or trult cOllpaniea In a special account or accounts and Ihall constitute truat funda, to be adlllnlstered 801ely In accordance with the provisions 'of the resolution or resolutlons authorizing bonda or other obligations pursuant to this act, and any funds not required for the retirement of bond obligations shall be admlnlster~d at the, sole discretion of the authorl\y., Section 19. sal8 of system.--The board shall have the pover tc transfer, aell, or alslgn any of the property of the authority which It flndl, Is,not needed to carry out the purposes of this act to any other governmental agency according to whatever terms It deeml reasonable or at a public sale after notice, unlesa the property hll bun pledged for the repa)'1llent of Indebtednes.. Section 20. Liberal constructlon.--The provision of this aet shall be liberally con~trued to effect Its purposes. Section 21. Severability of provislona.--If any provision of thil act or the application thereof to any person or circumstance Is helt invalld. ,the Invalidity shall not affect other provisions 01 applications of the act whleh can be given effect without the Invallc proviSion or application, and to this end the provisions of this acl are declared severable. i'. ,.. . .. ". .,' ..;,:. :~ :;~\. \' :;' :1.; ... .. I, ~ ... , , ..S_ ,\. ,"i. Section 22. This act shall take effect upon becoming a law. Became. lav without the Governor's approval. Filed In Office Secretary of state June 23, 1978. CHAPTER 78-618 Rouse 8111 Ho. 1342 ACT relating to Saraaota County, creating a apeclal part and recreation district, a political subdivision of the State of plorlda, for the unincorporated area knovn as Trl-Plr tstatea Subdivisions, Including all additions, as Is lIorl particularly set forth below according to the public recordl of sarasota County, providing for the ad.lnlatratlon of the affairs of said district by a board of nine trustees and. defining their powers and duties, providing for the qualification of electors In the dl.~rlct and the manner of conducting the first election of truatees and for biennial election of trustee. thereafter, providing for relloval of trultee. and appointment to fill vacancl.a, providing for the assessllent and collection of . recreation dlltrlct tax assessed against each Improved residential parcel of real property vlthln the district, providing that such, ,365 .