HomeMy WebLinkAbout2003 07 14 Regular I Appointment to City of Winter Springs' Alternate to the South Seminole and North Orange County Wastewater Transmission Authority
COMMISSION AGENDA
ITEM I
Consent
Informational
Public Hearing
Regular X
July 14. 2003
Regular Meeting
~~/
I . v
Mgr. /.. . ept.
Authori~ation
REQUEST:
The City Clerk requests that the City Commission make 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 14, 2003
REGULAR AGENDA ITEM "I"
PAGE20F2
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 Alternate 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 ofMr. 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
Alternate 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"
ItECEmVED
JUN 1 2 ?run
CITY OF tt+~~EJlt'~ij
cc eej [11'4 eft; 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,
~1Lu
Roy Prince
111 SISSO COVE
WINTER SPRINGS. FL
A TT ACHMENT
"B "
SOUTH SEMINOLE & NORTH ORANGE COUNTY
WASTEWATER 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 (IS) to twenty (20) million gallons per day.
FIGURE 1
AUTHORITY SERVICE AREA
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--------- Service Area Limits
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- ,
CRAPTER.78-611 .
Senate 8il1 No. 1341
( .
~N ~CT creating the South Se~lnole and Morth Orange County
wastewater Transmission Authority, declaring the Intent
and purpole of said act, providing .'legal delcrlptlon
of the authority's boundary and a ~ethod of modifying
'the boundary lines, providing for a governing board,.
providing definitions, prescribing the purpose and
powers of the authority' providing for the ISluance of
revenue bonds, providing a method for charging for
services perfonned, requiring cUltolllers to provide a
method to pay for services., received,. providing
pe~altles for nonpayme~t, providing for sealed bids for
contracts for construction or Imprbvements, prohibiting
free wastewater transmission services, providing for
conveyance of' property to the authority without
consideration, providing for cooperation with other
governmental units, boards, and agenc:les and
Individuals' providing for covenant' of the state not to
alter or limit the r19hts and ,eowera of the authority,
providing for exemption of the authority fro. taxation,
providing for exemption of the authority from certain
regulations, providing for deposit of.lIIOney received,
providing for sale of surplus property, providing for
liberal construction and severability, providing an
effective date. . -
Be It Enacted by the Legislature of the State of Florida:
Short tlt1e.--Thls act may ~ known and cited as the
and North Orange County Wastewater Translllisslon
Section 1.
South Sellllnole
,1.uthorlty ~ct.
Section 2. Intent and puipose.--It Is hereby declared to be the
Intent of the Legislature that the best InteresU of the public
health, safety, and welfare within the boundaries of the South
~p.mlnole and Horth Orange County wastewater Transmission Authority,
hereinafter created, necessitate the for~atlon of a.separate local
agency of the government with powers designed to meet the particular
needs of said area In relationship to transmission of vastewater to
the Reqlonal Sevage Treatlllent plant. The vastevater Is to be
received from the retail collection systems owned and operated by the
mun I cl pa 11 tl eS, count les .and others and' transported by the authorl ty
through Its facilities to the Regional Sewage Treatment plant which
Is to be owned and operated by others. . It Is the Intent that the
~uthorlty created herein be'lfllllted In Its powers, responsibilities,
(acllltIes and Ie ope of operation and maintenance ~ctlvltles In order
to avoid duplication of operatIng and ~alntenance personnel,
equlp~ent, and facilities with those ellstlng of the represented
5p~nsorlng . govern~ents. It is further the Intent of th~ LegIslatur:
that needs be llIet In such a way as' to cause III I' I ilium damage to th 1
area's resources and environment and prevent additional environment.
problellls frolll being' created, as well as providing solutionS to
existing problems. "axllllum use of existing systems shall be ~a~~
whenever feasible' and consistent vlth the purposes of this act. .
I s also the' Intent of the Legislature that current and long ra~~.
planning shall be carrled out so th.at required services are III the
available at the lowest possible cost as the ch~racterlstlcS of the
area change. In order to carry out the Intent expressed herein
348
~ i ~ ! ,~. .
~'I:j ':'Iuthorlty shall haye the right to acqu.,re, '0,(. : :nance construct
~.,!jl:~ ..snUln, operate, ovn or lease In the l:apaclt'l' of lessor' or less '
. 'i;"'.......ur ".......1.. .y"'. ..c.pt .. .ch"..... P'."'" I ':,'
. i:::.... .." t. ....t ooch .ddltl..o! dghU ..d pover. .. h"e1~.~,,~
I:!;i~~onhrred. . . .'
.:i~~~': Section 3. 80undarl'U.--There Sa hereby cnat.d and established a
~:/~ political .ubdiYlalon of the state to be known as the South Seminole
.}l"o,.nd North. orange County wastevater TransllIisslon ~uthorlt
~:~ hereinafter referred to as the authority, vhlch shall ellbra Yd'
.. '10.' I d f ce an
"~~',. include portions of the un ncorporate areas 0 Orang_ and S I 1
!:~~ County, Florida, and portions of the Incorporated areas of th:m ~~te
!.;.:~1 of Maitland, the City of Winter Park, the City of Casselber ~
"\'J!'the City of Winter Sprln9s. Florida, as followS: ry, an
:~. .
.'~.; Begin at the sw corner of the Sf: 1/4 of the S,,", 1/4 of'Sectl 12
~y!.~vnshlp 22 South, Range 29 East, run thence East 3/4 aile to t~~ St
'.~;, corner of said Section 12; also beln9 the SW c:orner of Section 1
~.f fovnshlp 22 South, Range 30 East, thence East 982.1 feet alon th;
.~.~". South line of said section 7 to a point 129 feet East of ~he NW
'\~' corner of Lot U, Block 35 of 8everly Shores as recorded In PI t 8 k
.:': 0, Page 44 of the publfc Records of Orange County, Florida" the~~e
:.; South 158.66 feet to a point on the North line of Nottingham ~
;:~~": 129 feet East of the SE corner of Lot 43 of said Block 35 t~enue
:~~.southeasterlY along the East line of Nottln9ham Avenue 238 fe~t :~~:
~.1~:or leu to the centerline of the abandoned Seaboard Coastllne
,.:' ~R.llroad, thence Northeasterly along saId centerline 265 5 feet t
~~~tbe East line of the NW 1/4 of the HW 1/4 of Sec:tlon 18,'Townshlp 2~
~;;.~, South, Range 30 East, thence South. to the SW corner of the HE 1/4 f
',:,> tbe IN 1/4 of sa Id Section 18, thence East 1/4 mIle' to the SE 0
.::~. of the NE 1/4 of.the NW 1/4 of saId Section 18, thence South 1/~0~~~~
'.~i'. to the SW corner of the SW 1/4 of the HE 1/4 of said Section 18'
0.. thence tut along the South Une of said SW 1/4 of the NE 1/4 to ~
;;~'i point. 435.7 feet West of the SE corner of the SW 1/4 of the NE 1/4 f
-:;~~.' laid Section 18, thence Southwesterly to the SW corner of Lot ~
~~}; aloclt c of the Ripples as recorded In Plat Boolt S, Page 26 of th;
~t"ubllc Records of orange County,. Florida, continue th
~;~._ Southwesterly 289 feet Jl\Ore or less to the mouth of .Sprlng 8 enhc:
".~ h 1 1 Id .S . ranc
>~; It Lake Sue, thence Sout easter y : ~ng sa pring 8ranch. 566 (eet
.:..~: to the center of a concrete y In the center of said.s I
~~""Iranch., thence.N 76036'E 88 feet, thence S.86030'E 693.86 feet'i~ n~
~~: point on the Eutrlght of way line of winter Park Road; thence North'
.~.;;l1on9 seld right of yay line 581.3 feet IIIOre or less to a point 20
.~..f'lt South of the NW corner of Block F of parklando No.2 as recorded
',~,f. In Plat Book N, Page 45 of the Public Records of Orange County
: t.o florida, thence East 632 feet llIore or less to a point on the Eas~
'I'd lln. of said Block " thence North 20 feet to the NE corner of said
?~~; Iloclt F, thence North 329.5 feet to the HE corner of the Sf: 1/4 of
~.~!...ctlon 18, Township 22 South, Range 30 EastJ thence N 890 09'40. E
~~310 feet to a point 54.78 feet East of the SW corner of Lot IS 81 k
r~..,:ll, of Ouail HolloW as recorded In Plat Book .3, Pages 53 '54 of ~~e
\l~.. tubllc Records of Orange County, Florida; thence S 49040'25- E 124.86
/:~;.f..t. to the South corner of said Lot 15, thence H 16043' E 86.2 feet
'.,1' thencI S 89009'40. W 0.3 feet; thence N 0055'49. E 175 feet to the S~
J.t~eorner of Lot 12 of said Block D; thence H 89009'40- E 230 feet to
:~!t.h.. st corner of Lot 11 of said Block DJ thence South 115 feet to
o,,.,,t.b. EM corner of t 1/2 of the SW 1/4 of the NW 1/4 of Section 17
il.;~ovn'hlp 22 South, Ra~1 30 East, thence East 1/8 Illle to the SE
. .....hrner o.f the SW 1/4 of the IIW 1/4. of said Section 1" thence North'
.".. 1293.16 . feet 'IIOn or len to a point 30 feet South of the HE corner
~,~.}f the SM 1/4 of the NW 1/4 of said Section 17, thence East 1/2 Jllle
. ~,
349
. Cil1.PT1::R 18-617 1~~~L..!~:"'"~ ~ ~, ~. :. ; ~ ",. ~.; ~~:..,
. \.) . .'
.~o a point 30 feet South of the NE cornet"of the SW 1/4 of the NE 1/4
'of said Section 17, thence North 30 feet to laid ME corner, thence
East 1/4 aile to the SE corner of the ME 1/4 of the ME 1/4 of said
Section 17, aho being the SW corner of the MW 1/4 'of the NW 1/4 of
Section 16,' Township 22. South, Range 30 Ealt, thence Ealt 96 feet
more or less to the West right of way line of Lake.on~ Avenue,' also
known a. the Orlando-Winter Park ROld, thencI Southerly along said
right of vay Unt 1/4.lIlh 1Il0U or leu to . point 30' feet North and
30 feet West of the SW corner of the KW 1/4 of S.ctlon 16, Township
22 South, Range 30 East, thence East 30 feet, thence South 30 feet to
said SW corner, thence East 3/16 aile ~re or leiS to the SE corner
of Lot 2 of "ac Cal1u~'s Subdivision as r.corded In.Plat Book A, Paqe
98 of the Public Records of Orange County, Florida, thence North 1/4
mile to the Intersection of the Northerly .xtenalon of the East line
of said Lot 2 with the South. line of the KW'l/4 of the NW 1/4 of said
section 16, thence East 15 feet IIOre or leu to the SE corner of the
w 1/2 of the SE 1/4 of the NW JI4 of the NW 1/4 of.aald Section 16,
thence North 1/8 aile to the NE corner of the W 1/2 of the SE 1/4 oi
the NW 1/4 of the HW 1/4 of saId Section 16r thence West 960 feet
more or less to I point 30 feet East of the SW corner of the NW 1/4
of the NW 1/4 of the NW 1/4 of said Section 16, alao being on the
East right of way line of Lakemont "!i,.enue, thence North 1/16 mile
a long sa Id right of way line to a pol nt 30 feet IllOU or less East of
the SW corner of the N .1/2 of the NW 1/4 of the KW 1/4 of the NW 1/4
of said Section 16, thence East 630 feet IIlOU or leu to the SE
corner of the N 1/2 of the NW 1/4 of the KW 1/4 of the NW 1/4 of said
Section 16, thence North 330 feet 1II0re or leu to the NE corner of
the NW 1/4 of NW 1/4 of the NW 1/4 of said Section 16, thence Ealt
3/8 aIle to the HE corner of the NW 1/4 of said Section 16, thence
South 346.1 feet 1II0re or less to the SW corner of the N 1/4 of the NW
1/4 of the NE 1/4 of said Section 16, thence East 1/4 mile to the Sf:
corner of the N 1/4 of the NW 1/4 of the NE 1/4 of'sald 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 Eut 1/4 mile to the SE
corner of the NE 1/4 of saId Section 16, laid corner being the West
1/4 corner of Section 15, Township 22' South, Range 30 East; thence
East to the Ealt 1/4 corner of said Section 15, said point being the
West 1/4 corner of Section 14, TownshIp 22 South, Range 30 East,
thence East 1/4 Jllle to the SE corner of the Welt 1/2 of the NW 1/4
of said section 14, thence South 1/8 illite to the SW corner of the
North 1/2 of the Nt 1/4 of the SW 1/4 of said Sectlon'14, thence East
to the SE corner of the North 1/2 of the NE 1/4 of the SW 1/4 of said
Section 14, aald corner being on the centerline of Stat. Road IS-A,
also known as Goldenrod Road, thence Korth along the centerline of
said State. Road 15-" to the NW corner of the SE 1/4 of said Section
14, thence East along the North line of the SE 1/4 of said Section
14, a dlstanc. of 41 feet ~ore or less to a point 2S99.02 feet West
of the East 1/4 corner of. saId SectIon 14, thence Southerly and
Ealterly alon9 the West and South lines of Ivanhoe Estates UnIt 3 as
recorded In Plat Book 3, Page 50 of the P'ublic ~ecords of Orange
County, florida, to the SE corner of Lot 12, Block G of said IVlnhoe'
Estates, Unit 3; thence Easterly and Northerly along the Sout~ and
East lines of Ivanhoe Estates, Unit 2, as recorded In plat Book ),
paqe 46 of the. Public Records of Orange County, Florlda, to the Nt
corner of Lot 43, Block B of said Ivanhoe Estates, Unit 2; the~ce
Nprtherly and Wlaterly along the East and North lines of Ivanhoe
Eltates, Unit 1 as recorded In Plat 800k 2, Page 129 of the public
Recorda of Orange County, Florida, to the }1M corner of Lot 1, Block A
of said Ivanhoe Eatates Unit 1, thence weaterly along the Nor~h lln~
of Ivanhoe Estatu, Unit 4, as recorded In Plat Book 3, Page 68 0 f'
the Public Records of Orange County, Florida, to the centerline 0
3S0
'I ,:.,:~;, -", -- -.--
:!: f'lld stat. Road ISA, said centerlln. being the West line of the NE
I'll 1~ 1/4 of Sectlon 14., Townlhlp 22 South, Range 30 East, thence Northerly
I:; il. to the North 1/4 corner of said Section 14, said point being the
'~: i' south 1/4 corner of sectlon 11, Township 22 South, Range 30 ElSt,
. ~i'~.thenc. Northerly alo!'9 the .wut line of the SE 1/4 of saId Section
rr 11, 1/1 .11e more or hIlS to the SW corner of the North 1/2 of theSM
~,,:\. 1/4 of the SE 1/4 of said Sectlon 11, thence Easterly along the South
.t!;,k 11ne. to .the SE corner of the North 1/2 of the SW 1/4 of the SE 1/4 of
~l:i~'. ..let Section 111 thence Northerly ~long the East line of the tiorth
'~'~:~:.1I2 of the SW 1/4 of the SE 1/4 of said Section 11, to the NE corner
".J.: of the North 1/2 of the SM 1/4 of the SE 1/4 of said Section 11, said
~;; point belneJ the southeast corner of Lot 29 of laurel Springs
. ~t. Subdivision as recorded In plat Book 4, page .16, Public Records of
.:~:orange County, Florida, thence Northerly ~long the East line of said
.;.~ Laurel Springs to the Northeast corner of Lot 11, Laurel Sprl!'195
.'1!~~'lld corner being on the North line of the SE 1/4 of said Section' 11:
~~ thlnce Westerly along the North line of said Laurel SprIngs to th~
. :;, c.nterllne of State Road 15-A, said point beIng the NW corner 0: the
.~: SE 1/4 of Section 11, thence Northerly along the Centerline of said
.~~ sute Road 15-A to the point of Intersection with the centerline of
'.',~i' rlorlda Technological University (F.T.U.) Boulevard, thence Easterly
;~;r Ilong the centerline of said F.T.U. Boulevard to the point of
.:t,. Intersection with the East line of the SE 1/4 of Section 1, TownShip
"J:'::~ 22 . South, Range 30 Eastr thence North along the East line of tt:e SE
'."".:'; 1/4 to the East 1/4 corner of said Section .1, thence North along the
~ lilt line of the Northeast 1/4 to the NE corner of said SectIon 1
.;:~ IIld corner being on dividing line between Oran911 and Seminole Count;
~W!~"..nd also being the SW corner of Section 31, Township 21 South I<ang
";;:;' 31 Eut, thence East along the seminole CountY-Orange County 1in~ t:
.:~:,\{. Dun Road, thence Northwesterly along the ElIst right-of-way 11 ne of
.....: Dun Road to the Intersection of Dean Road and State Road 426, tt:ence
~.,~ 1I0rtheasterly along the ElISt right-of-way line of State Road 426 to
.:~' the East llne of the NE 1/4 of Section 20, Township 21 South, !\anqe
~{.f. 31 East, thence Northerly along the East llne of Sections 20, ~',8
~~:;'. and 5, all said sections being in Township 21 South, Range 31 East,
~'~.to the Northesst corner of said Section S said corner beln the
-;fi.80utheast corner of Section 32, Township 20 South, Range 31 1ast.
~!_ thence Northerly along the East line of said Section 32 to the South
_I:.;: Ihore of Lake Jessup, thence proceeding generally Westerly and
.:i: )Iorth.rly meandering along said South shore of Lake Jessup to the
-.~: Wilt end of Lake Jessup at the mouth of Soldiers Creek, being a poInt
.t~'-.. on the MOleS E. Levy Grant line, thence generally Westerly along the
~ .ald Moses E. Levy Grant line to East right of way line of State Road
.~,400 (being U.S. RIqhway 17-92) r thence generally Southerly and
".'0.,)'lIterlY along sald East right of way line of State Road 400 to the
.-::~: Intersection of said East right of way line with the South right of
:~'.' "ay line of semlnola Boulevard, thence westerly and Northerly alonq
..'::~' laid South right of way line of seminole Boulevard to the East r Iqht
:'..,of vay line of State Road 427, thence southerly and Westerly along
..~..:."Id Ent rl9ht of way line of State Road 421 to the Intersection
~~~"Ith the Eaat right of way line of the Seaboard Coastline Railroad-
;~;th.nce southerly and Westerly along the East right of way line oi
:~::.,laid Seaboard coastline Railroad right of way line to the Oran e
?;.:county-~e"lnole County line, thence westerly along the Orange count~-
..~~ Ie.inole County line to the East r1qht of way line of Interstate No
'f-'~i C, thence Southerly along the East right of way line of saId
Interltatl No.4 to the Intersection with a line defined .s ru I
~ 1>. . I . h f h u nn ng
..:: tv..n a po nt 991.11 feet Nort 0 t e Southwellt corner of the
. :::Iorthwut 1/4 of Section 35, TownshIp 21 South, Range 29 East, and a
.,~~ point 991.11 feet North of the Southeast corner of the Northeast 1/4
~.;.~~f laid Section 35, thence East aloog said line to the poInt 991.11
.~.
.:~. ...
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351
,:; ~ ~ .:~ ~ ~- ~ . ..::..
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teet. 'Nort.h of t.he southeast corner ,.of the Northeast. 1/4 of said
, . Section 35, thence EIISt on a Hne parallel with the Sout.h l1ne of
. Section 36, Townahlp 21 South, Range 29 East, 662.00 feet, thence rUn
South to a poInt 662.00 feet East of the Southwelt. eorner of said
Section 36, thence East along the South line of said section 36 to .
point 1790.4 feet West of the East line of the Northwest 1/4 of
section 1, Township 22 South, Range 29 East, thence South, paralte1
to uld East line, 641 feet, thence West, parallel to the North line
of said Section'. 1, 234.7 feet 1II0re 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 East
line of said Lake Bell Terrace 243.42 feet to the Sf: corner of Lot 3,
tllock 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 ~5I.6.feet to a point 1436 feet South
of the North line of said Sectlon.l: thence East, parallel to said
North line 714.8 feet to a point 12.45 feet South of the North line
and 157.35 feet East of the West line of the SE 1/4 of the NW 1/4 of
said Section I, 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 I, thence East along the South
right of way line of' Lee Road to It. Intersection with the East right
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, thtnce
West 101.3 feet more or less to a point on the Northerly extension of
the West line of Block E of KJllarney Shores as recorded In Plat Boolt
0, Page 135 of the Public Records of Orange County, Florida, run
thence South 793.9 feet more or less to the SW corner of said Block
E: thence East, along the South line of saId ~Illarney Shores to the
SE corner of Lot 8, Block r: thence North 146.36 feet to the NE
corner of saJd Lot 8; thence West 60 feet to trre East right of way
line of Robert Avenue, thence North along said right of way and Its
extensJon to the North right of way line of Gay Road, thence Easterly
along said North rJght of way line to'a point 100 feet West of the
East line of Lot 3 of Lord's Subdivision as recorded In Pla~ Book P,
Page 89 of the Public Record$ of Orange County, Florida, thence North
50 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 line of Gay
Ro^d, thence South along said tast line and the East line of
~I1Iarney 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 ~il1arney Shores; thence west 245 feet ~ore or less to the NW
corner of Lot 2 of Block D of said ~Illarney Shores, thence South
146.36 feet to the SW corner of sa Id Lot 2, thence East 245' feet more
or less to the SE corner of Lot 3 of sald.Block C, thence South to
the SE corner of Lot 2, Block C of L.A. Chase's Addition as recorded
In Plat Book A, Page 73 of the Public Records of Orange 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 point 105.5 feet
South of the North.llne of said Lot 1: 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 7 to
the NW corner of Lot 1 of E.B. Plendsen', Subdivision as recorded In
Plat Book G, Page 143 of the Public Records of Orange countr'
Florida: thence Southerly along thr West line of said E.B. ~endsen:
Subdivision to a point 25 feet South of the NW corner of Lot 5 0
said t.B. "endsen~s Subdivision also being the NW corner o~ th~~
portion of. Klllarney Estates as recorded In plat Book ~, Page 11
the pubUc Records of Orange County, Florida lying In. Section 1 ~
Township 22 South, Range 29 tast, thence Southerly along the WeS
~52
if" .....-.-. .'
~;':'lin.. of 'Iaid xJ1larney. !ltatu to t.he Sout.h Une of ..id Section 11
~:'th.nc:e West to the NW cornet of. the NE 1/4 of Section 12, Township 22
'~:: !e: South, Range 29. East, thence South 810n9 t.he West lIne of saId NE li4
I ;~'i' 1790 feet lIlOr. or leu to the NE corner of Lot 3, Block C of
~II~:' I.Ivnda1e, 3rd Mdltlon as recorded In plat Boolt L, Pe9' 95 of the
~ :~~.-"ub1Jc Records of Orange County, Florida, thence Wut 157 feet to the
r', I.;: JfW corner of said Lot 3, thence South along the Weat Une of said
1:.3fi' 'Block C 252 feet IIOre or leas to th~ S\If corner of Lot 7, thence East
.,~~~ 140.3 feet to the SE corner of said Lot 7, th!nce South along the
!oc~i!~. Wut line of the NE 1/4 of Sectltln 12, 'township .22 South, Range 29
i:,~_ IlIIt 325 feet to the NE corner of the S 1/2 of Lot 4, Block F of saJd
:'.,~. Lawndale, 3rd 1.ddl tlon, thence West 140 feet to the N\If corner of the
.~.::' S 1/2 of said Lot 4, thence South 245 feet to the SW corner of Lot 1
. ;.;~j of sald BlOCk r, thence tast 140 feet to the SE corner of Lot 9 of
,;,i. iBid Block r; thence South 25 feet to the tof corner of the SE 1/4 of
~~: Section 12, TownshJp 22 Sout~, Range 29 tast, thence South 1/4 .Ile
.~tt.: to the SW corner of the NW 1/4 of the SE 1/4 of said Sect Jon 12,
:,:<1' thence West 1/4 IIIl1e to the NW corner of the SE 1/4 of lhe SW 1/4 of
said Section 12, thence South 1/4 mJle to the P.O.B.
\~i~.
:~\,
'..~::"
..~;~.....
'J~" (1) Selection of ~elllbers. The c:lty of "altland, the City of
~~.'Casselberry, ~he city of Winter SprIngs, the City of Winter Park, and
n6. Se~Inole County shall be entitled to representation on the governing
~~board. tach governmental entity shall appoint one "'ember and one
.,~:..;:. .1ternate member, and the alternate member Shall be lIuthorlud by
::~~'_ each respective entity to act in 1111 matters for Ule Illelllber durJng
:J,..~ the absence of the member at any duly authorized board llIeetlng_
~~\: Appointees shall be qualified electors withJn the appoJntlng
.X.~ governmental entity. "elllbers of the board lIIay be elected officials,
~~:.' e~ployees of the respective entities, or citizens residing within the
'.;.:;;" rlllpectlve entitles, but shall not be II professional engJneer,
.~~ Ittorney, or fJscal advJsor .contracted to provide service to any of
'~;l:::' the entities, whether or not the contract Is for cOlllpensatJon and
'i.:whether or not the contract is written, and ehall not be party to II
'~:" contract to provJde construction or lIlalntenance .for the authority:
:i. Ind shall not be an e",ployee of or owner of any Interest in e
F: privately ovned sever utility. The appointing governmental entities
.;. .ay remove Its appointed member or alternate member from offJce at
.J~ Iny tl~e without statement of cause and may appoint a nev llIember for
'~~" the relllaJnder of the teflll. ~embers and alt.ernate ~embers ~ay be
'.;.;';' reappointed to successive terms. A melllber: or alternate llIember not
::-;:' reappointed at the expJutlon of a term shall continue to serve liS a
'.:;~' fully authorized member or alternate member untl1 reappointed,
.4{-, re~oved frolll office, or a successor Is appointed.
I....A
:'or" .
"'~ (2) Representation of board members. In all matters cOllllng
~'"blfore the board, the velght of votes shall bel
;.-~5' .
:':~_' ea) The [Jut' 50 votes shall be divided equally among board
.'p .'lIbe u, pI us
it~;. .
~~. (b) 1.n additional 50 votes shall be divided among board lIIembers
:~i In the'proportJon that wastewater flov from each govern~ental entity
:;\.~: burs to the total wastewater' flow from all governllental entitles.
"low frOIl any private utility which Is a direct custo~er of the
'. :lIIthorlty shall not be'lncluded In deteflllJnlng allocation of voting.
~~.If . private utility la II customer of a governmental entity and the
~~, Vovernllental entity Is responsible for bl1llng and collecting for
'r~l.uthor1ty services rendered to the private utility, the private
:~.
,,~tl
.~~
.::.....
Section 4.
Governing board.--
353
CI\"PTEI\ ~8-617
LAWS or FLORIDA
.
CRAJ'TER 78-6i7
. ,.
;titlllty's vutevatU' flov shUI be Included In deterlllnlnCJ the
govern~ental entity's a~locatlon of vottl.
Ce) Wastevater 'flow for deteulnlnCJ weight of yoUnCJ shall be the
quantity of vaat.evater In one yur endlnC) Septelllber 30. .The
proportions s~derlved shal1.deter~lne weight of vo~lnCJ from October
1. to Sept.ember 30 of the followIng year.
Cd) The flut year of operetlon shall be91n ""en the' fI rit flov.
of wast.eva t.er Is transported to the reg lonal sewaCJe trea tJnent. plant
through any part of the authority's syste.. and shall end on t.he
followlnC) September 30. DurlnC) the first year of operation, lhe
votu that are apportIoned by flow shall be. divided as follows:
1. City of winter sprlng~...~....!..............~....... 0 Votee.
2. City of Casselberry ...........................~...~.19 Votes.
3. Seminole County..................................... 6 Votes.
4. City of "altland.............~4...................... 8 Votes.
S. City of winter Par~ .................................17 Votes.
~n entlt.y with no fiov of wastewater In the authorIty'S eyate.. shall
have none of the votea proportioned by flov but shall share equally
In the flut fifty votes. VotIng before the beginning of .the ftret
year of operation shall be by one yote per entity. For determining
votee weighted by flov, flov collected by a local collection system
owned and operated by a governmental entity ahall be attributed to
that entity whether or not the wastevater flov oriC)lnates in or out
of the municipal or county boundaries of the entity.
(3) Date of selection.'! The first board and alternate members
shall be appointed within 30 days after this act takes effect lor a
term c~mmenclng oct.ober 1, 1978 and ter~lnatlng:
(a) For members appointed by Seminole County, Septe~ber 30, 1979~
(b) For ~embers appointed by the City of Casselberry, September
30, 1980.
(c) Yor. lIIelllbera appointed by the CIty of Winter Sprlnq"
September 30, 1981.
(d)
1982.
For lIIelllbers appointed by the city of Maitland, September 30,
(e) ror ~embers.appolnted by the City of Wln~er Park~ Septembet.
30, 1982.
/ .a.f te r thll first ter.., terlllS of off Ice ahall be four / years',
terllllnatlnq on Septellber 30.
(4) "1111nCJ v"aeanc1u. If a lIuber of tht board h unable to
serve for any reason, the entity represented shall, within 30 dayS
~fter notification of that Inability, appoln~ a nev lIIember or
alternate member or both, to serve the remalnlnq term of office.
Sftid notIfication shall be addressed to the mayor or chairman of the
" 'c8APTER 78-611
LAWS or FLO:~[DA
CHAPTER 78-61'
, .
i!~ board of the repruented governlllental entity and shall be Initiated
h- by.
,I
" :i~ .
i4~i' (I) Abunce froll bo'eonaecutlve duly authorized lIIeetlnC)s of the
. ~~S. bolrd as evidenced by. minutes of board meetings, or
II.~~ ii'.
'~!~~i. . (b) The m~lIlber's dechlon of Inability to .erve.
~:~~~. (5) Selection of offIcers. The board shall select a chalrlllan and
"~~.:. .Iee chalrllan froll among .its members at ltl$' flrst meetings by
,~:~ .ajorlty vote, who shall serve until the follovlnC) September 30. The
:1:>'. chalr.an and vice chaln"an for each succeeding year shall be
:~:'.1 . .1.1larly selected at the last meetlnC) of the board that precedes
,.~. Septe~ber 30. The chairman shall conduct and call lIIeetlngs of the
I~:~ board, the board shall dl rect action and POllcy of the author Jty
.~..' cUrector, and the chalrllan of the board and Individual board lIIembers
II'~{.:~" :~~ra:~~~r~:t:hem:~~~~~lt;~al~n h~~: ~~II;~~:he~/a~~~~~r~~~ono:n ~~:
I, '::. chairman to act, the vice chaIrman shall perform the dutIes of the
: .~": cha I rlllan.
il~':f:: .
.... (6) Records. All actions of the board shall be recorded In the
i".,~'. alnutu of Its lIIeetlngs. MInutes shall ~ approved at each
I':';": succeeding meeting. Approved minutes shall be dIstributed by mall
I;'~> within 7 days after the meetlnC). at vhlch they are approved. to each
i~'~'; board lIIember and to the mayor or chairman of the represented
,"". 90vernlllental entities. Public access to lIleetlnqs, minutes and all
I .~\~. other records of the authority shall be as required b; state and
';',.: federal regulation.
1::-;
. (7) The InItial meeting of the board 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
tlllle. location of any or all meetings or lIlay call special meetings b;
aajorlty vote at a regular meeting. Special meetings not called at a
regular lIIeetln9 may be called by the chairman, by the vIce chairman
acting as chalr~an, or by mutual consent of any tvo board ~embers by
9lvlng 72 hours' notice by reqlster~d lIIal1 to each member and
alternate lIIember, and with notification to media as required by state
and federal regulation. The board may cancel meetings but In no caSe
...,' ahall there be fever than one meetlnC) each quarter of the year. The
~. board IIhall deter~lne Its own rules of order for conduct of lIleetlngs
except that Robert's Rules of Order, RevIsed, shall apply for
parllalllentary matters. All lIIeetlngs shall be public to the extent
required by state and federal regulations.
I.:"
I ~.!
.'
I .:;'~'.
;1. "1'.
!: :~t:
1 ~'.:.
"oJ
;} (8) OuorulII. ~ quorum shall be necessary for voting on any matter
I .;~~ before the board and IIhall consist of four lIIembers. Regardless of
'. ~~.:'. tot.l vote, no action may be talten vlthout the votes of at least two
~(.embers. Any matter lIIay.be revleved at any regular or properly
~:.~. called spec III lIIeetlnC) vhen' a quorull Is not present but no vote lIlay
;::x. be taken except when a quorum Is present.
;:~: (9) Required vote. "0 board lIember aay Ufraln or abstaln from
~., .otlnCJ on any lIIatter properly before the board. except as provided by
:~. .t.ttute concerning conflict of Interest, but lIIay Ilove to table or
.~. deter action on a Ilatter. If any board lIember belIeves that votlnC)
:;'~; would be a conflict or Interest, lIuch poaslble confltct shall be
~k uphlned by that lIIuber to the board, and that explanation shall be
.....,.. ahown In the IIllnutes of the meeting. Deterllllnatlon of whether a
'. Ilatter Is proper for consideration by the board Is defined by scope
I ~~:
,~~
.
CHAPTEIJ .18-611
.
LAWs OF FLORIDA
CHAPTER 18-111'
;:'nd ~vers within this act and the. In"t;nt of the d~flnltlo'n is to
Illllt and not broaden the scope of activity. DeteullnaUon. of
propriety lIIay. be voted at the. request of any 'lIIellber and such
rleterllllnatlon shall tate precedence over all other .atters before the
board at. that tlllle. votln9 shall only be by .embers or alternate
~embers present at a properly authorized lIeetln9. Failure of a
Qovernlllental entity to be represented at a properly authorized board
~eetlnq shall not alone constitute cause to reconsider a lIIatter.
(10) Compensation. No cOlllpensation Ihall: be. perllltted it boird.
member, alternate lIlellber; the ehalrlllan or vice chahllan for belnq a
IIltlllber or for upenses of any nature froll funds of the authority or
(rom ~ny professional,. service, or construction contractor that has
business with the authority. A governmental entity represented by a
board member or alternate ~ember lIIay pay salaries or expenses of Its
IIl~mber or alternate melllber as It.~eems approprlate~ but lIIay not pay'
Any ~alaty or expense of a member representing . another entity. In
all matters concerning the authority, board llellbetS or alternate
IIlpmbers shall be qoverned by state and federal regulation concerning
conflict of Interest, Itlckback, contributions, and gifts. State
public financial disclosure regulations shall apply.
. ~.
(11) Indelllnlflcatlon. After appolnt",ent lIS a board ",ember or
alternate member and before being eligible to vote In any matte~,
p.ach member and alternate member shall execute a bond In the penal
~um of 550,000, payable to the authority and conditioned upon the
{althful performance of duties prescribed or Illplled herein, vhlch
hond shall be. approved by the councilor commission of the
~overnlllental entity represented by the member or alternate member.
The represented gove rnmental ent I ty sha 11 pay the cos t of the bond.
The represented governmental entity may provide said bond by pledqe
of Its ovn assets or ~ay act as coguarantor [or a bonding company.
Rondlng companies shall be approved to d~ business In the state.
Section 5. Oeflnltlons.--As used In this act, the follovlng vordS
and terms shall hllve the fciilovlng ",eanlngs, unlus the contu:t
othervlse requires:
(1) . "Authority. ~eans th~ South Seminole and North Orange County
Wastevater Transmission Authority.
(2) "Soard. lIIunS the melllbers of the governlnq body of the South
Seminole and North Orange County Wastewater Transmission Authority
/lppolnted' to represent each governmental entity encompassed by this
act.
(3) "Director- means a person appointed by the board to serve at
the pleasure of the board and to function as Its chief executive
oUlcer.
(41 "Wastevater. means sewage or effluent of any nllture or
originating [rorn any source, Including residential vastes, or
Industrhl wutes resulting' frolll any processes or IndustrY'
manufacture, trade, or busl~ess, or from the development of any
natural resources.
(5') .custoau- lIunll any 90vernllental entity or private utility
which delIvers vastewater to the facilities of the authority for
transmission.
~!-~
i: ,.~~:..~:....._~~
,I..
I ~! ! ii
,..",
~ ;~ ~.:."
I "I~'..
,.I!~ ~:I
1'1, /.
.~~
~. l....
:~~~. (1) To "ploy a director who 'shall be a
:.~{;. abUI ty and experience t.o SHve at. the' pleasure P:~so~h:f ueognhl
I"~~';:: c:ontract for' legal counael, engineers, consultants, ~:~:~Ic::
.~*. experts, and agents for any purpose of the. board 1 I dl
~~ englneerlnq, archltect.ural design, manage_ent, lever pIa ~c u I
~i/ other studies concernln9 t.he design or faCilities, n~n~':;
.~ acquisition, construction, operation, 1I11ntenance
i.*:' consolidation, and financing' of the transllllsslon Syst~:9U~;t1~:
luthorlty, to determine the qualifications and fix' the 1
....~.:..~. of such.perllons, flrlls, or cOlrporatJons'fanldt to delegate c~:pe~~:t :
, .ore OL ts agents or elllp oyees any 0 II powers as It s
I .I:. necessary to carry out the purposes of this act, subject a~:~~s de~
:~'=.. the supervlllon and control of the board. Notvlthshndln tl
!~. provision herein stated, It shall be the ruponslb1l1t q
?~~. luthorlty to utUlze the services of the staUs of paril ~f i'
.e~bers to the fullest extent practicable and to not empl c pat 1
:-~: vhose duties are essentially a duplication of the pa~tlcrer~~1
.,-6ir lIIe~be u' s ta [fs. pa I
~..~:; (2) To construct, Install, erect, acquire by
>.~ purchase, conde~n
:~{, ..Inent. do~aln proceedings In accordance with the provisions
~~~: ehapters 73 and 74, Florida Statutes, and t I
.~_..' reconstruct, maintain, repair, operate, and 0 IIIprove, enlarg
... tra~smlsslon systell. regulate a seva
:~ ~ ~. _:~ ~..;::..:.:
Section 6. Purpose. and powers.--The authority created ar
utablhhed by thla act II hereby granted and shin' have all tt
rights, powerl, and authority necessary, appurtenant, or lncldent~
to the c.rrylng out of the purposes of this act, Includln9 tt
following rights and ~wersl
:...~
(3) To enter on any land, vaters, or premises located vlthln t
authority in order to carry out the purposes of this act.
(4) To provide for all surveys and for t.he preparation of plan
lpeclflcations, and estlllates In connection with the construction
I sewage transmission systell.
. .
.....
.~ .
....r.
':,r..
r~~
'1'.
~~;:
..i..
..:~. .;.
. ~,
(5) To enter into contracts and
90vernllent of the United States, or
lubdlvlslon of the United states or the
.unlelpallty or private corporation,
translllSllon of vastewater and for
proper to effectuate this act.
other Instruments with t
any other department
state of Florida, or vlth !
for or relstlng to t
other purposes necessary ~
::rl..
}{.
'."
".7:.
."-. (6) T bo t I I d f
ir:~ for and a:c,p~r;;a~~~e~~d ~dlll~~~:t:~ g~~~~: oan~nd~~~:~;es:it~O ;~~
~~ eondltlons on behalf of the authority and It I sponsoring entitles,
(: .ate donations or loans, to provide aid for the plannil
-r~!J construction or reconstruction, or flnane1ng of any s stelll a d
&.r;' Inter contracts, leasea, or other transact Ions wi th any ~gency o~ I
..;;.~ United Statu governllent, the sute, any agency of the st i
':f~:' hlllnole County, orange county, or any llunlclpallty or any :1
't.:~:. public body of the state, and to accept qrants or donations fro: ,
.~. other source, of either eoney, property, labor, or other thin
::'Ilu., to be held, uled, and applied only for the purposes forg~
lach grants or donations .ay be lIade.
,-;.'
~~~ (7) To fl., alter, charqe, establish, set, Ind
~~1. tat.n, fees, rentals, and other chargee for
'.:.: facilities furnished by the system and ovned
.......
. ..'
~ 357
collect reasona
the services
or operated by"
CIl>OPTER.7.8-611
.'
LAWS or nORIDA
CR"PTER 78-617
'authorlty, .nd for .atln9 connections and.uI. of ...., .nd to tnforee
penalties' or other leqal ~easures ror dellnqueney, In the payment ..
hereinaftsr provided, which rates, fee8, rental., .n~ other charges
shall alway. be sufficient to co~ply with any covenant. made with the
holders of any bonds Issued pursuant to this set and which 'shall be
just and equitable and unifore (or the sa.e class of customers and
consistent with applicable federal requirements for'.am..
(8) To setve. u a wholesale servlc. custometof the entity or
entities vhich operate the Regional. Sewage .Treabent. Plant, to
receive charges for such services, and to allocate such charges to
the various participating entities according to the requirements of
this act and according to regulations adopted pur.oant hereto.
(9) To require connection to the authority's trans.laalon system
and to require all vastewater collection ayatees receiving or
collecting vastewater from th~ public and operating facilities
located vlthln the authority's boundaries to discharge their
collected sevage directly or Indirectly Into the authority's system
for transmission by the authority to the regional sewage treatment
plant. As for an exception, It. la speclflcally noted that the
facility Plan, orlando Easterly 201 pfannlng "rea, July, 1977, does
not call for the connection of winter springs to the authority's
~ystem until Winter Springs East plant reaches an average annual
dldly flow of 1.00 I'IGO and Winter Springs West plant reaches an'
Average annual daily flov of 0.75 "GO. As a further exception, it Is
~uly noted that Seminole County currently discharges no treated
wastevster to surface vaters and has a valid operation permit for the
DI~e Road facility. Therefore, the County viII be required only to
pay its portion of debt service. That portion of debt service shall
be determined by adding the flov treated at the Olke Road facility to
the system flov to determine a base total, the flow at the County
facility viiI then be divided by the base lotal and multiplied by the
annual system debt service to determine the County's portion of debt
service. The County's portlo~,of debt service will be paid In tvelve
(12) IIOnthly paY1llents, this method of payment shall. continue until
the Oi~e Road facility exceeds an average annual dally flov of 1.00
M.G.O. at which time the County viiI connect to the system and Its
r~tes viII become those in effect for the Authority and further
outlined In related sections of this "ct.
(10) To contract vlth any municipality, county, or other
qovernmental entity to provide the service of transmission of
W/lstewater through the authority's system. The authority may also
contract'vlth'any private utility vhlch has a valid certificate
Issued by the Florida Public Service Commlsaion, which certificate Is
In existence on the date this act takes erfect4 provided, hovever,
the private utility shall first attempt to#nego~late a sponsorship
aqreement with the governmental entity .In whose territory the
majority of the private utlllty's system Is located.
(11) To contract with the repruenhd partfcipatlng governments
or other entity customers or vlth a private contractor or contractors
[or operation and maintenance of authority-owned 11ft stations, force
mains, and other facllit~es according to the folloving guidellnesl
(a) "11 11ft 'tatlons aervlng only on. .ntlty .h.l1 bl operated
and maintained by that entity at Its own expense, in accordance with
standards pro~u19ated by the authority, except. that major repairs or
replactlllents costing $1,500 or r>Gre shall be 'contracted by the
/luthority at Ita expense.
,~o
i lit~: !;BJ,P1ER 78-611 . : ~ ~, - , - - ~ : . . ~ · . : ~ ~ ~ ~ !- - .::: ~:...
,r !!'~ . (b; Th authority shell contract the operation and IIIl1intenance 01
i;! lil" 11ft atations'lervln9 IIIOU than one, entlty.- The operation ane
I ~'ll':~ ..lnhnancI cosu shall be ~llocated unif.oraly to users of the 11ft
I !:li'~: It.tion based on flov, except that lIajor repairs or replacementl
,i!i~:., costing $1,500. or' lIlOU shall be contrac~ed by the authority at Itl
;~',:; upense. Th. contract for operation and lIIalntenance shall be vith,
,t'\.- In order of preferenctl
I ]~:. 1. The ..ntlty, If eny, which owned the 11ft station prior te
,J~1> hlple~entatlon of the authorl ty' s systelll.
;~;'
~J~' .
.'f-.-
ti~..
.~~"
I ~J:..1
i-=;:
-no .
:~~
, -
4:.:.:
....~i
~'!f'.
':;~\
2.
An existing governllental entity, or
3. ..A private contrllctor.
(c) The authority shall contract the operation and maintenance 0:
Its system of force mains and appurtenant facilities to one or ~rl
of the .represented participating governmental entitles or to
private contractor.
(12) To sull Injunctive rellef In a court of colftpeten
jurhdictlon, rule or regulation adopted pursuant to the pover
granted by this act, vithout the necessity of sho~lng a publl
nuisance in such legal proceeding.
:J.
(13) To require thflpretreatment of Induatrial v'a~tes "hen th
la.e are not amenable t~ treatment vlth normal domestic sevage befor
accepting industrial vaste for transllIlssion, and to refuse to accep
Industrial vastes when not sufficiently pretreated to standards a
set by the board or state or federal regulatory authorities, or owne
of the Regional Treatment Plant. .
(14) To construct, instllll, erect, acquire and to operate
aaintaln, I~prove, extend .or enlarge, and reconstruct a sewIg
transportation system or systems vi thin the bounda r les of th
authority, and to have the exclusive control and jurlsdlctio
thereof, to pay all or part of the cost of such construction
reconstruction, erection, acquisition, or installation of such sevag
transportation system and additions, extensions, and Improvement
thereto as othervise provided in this act. The authority shal
construct and own the systelll of force ~alns lInd 11ft stations show
on pages VIII 0-47 through 60 of Volume III, Technical Appendix 0
the Facility Plan, Orlando Easterly 201 Planning Area, July, 1977
EPA Project c120399022. Such system is hereinafter known as t~
Northerly' Interceptor Systelll, the connecting points for vhich at
Itemized In Table 3-1, Page VIII 0-10 of the facility plan. Rovever
.s final design progresses for each Increment of construction, 1
changes In connecting PQlnts are deemed advisable by the ~ajority c
the designated representatives of the governmental entities to 1
represented on the board, said changes shall be alloved 11
luthorlty ahal1 acquire those elements of the Northerly Inte;cepte
Syatelll currently owned by the units of local government vhlch are t
be utilized by the authorities. If said acquisition Is by purchesl
the units of local governlftent shall sell these elements to tt
.uthorlty for an alllount equal to the portion rellaining at the tlllle e
.cquisitlon of the outstanding debt attributed to these ~acilitiel
Hovever, In no cal..shall the acquisition amount exceed the portle
of the outstandlnq debt attributed to these facilities remaining I
o~ JlInuary I, 1978. The authority may establish the maxi~um level 1
participation In reasonable costs of acquisition of facilities nl
owned by a local government as of January I, 1978 and vhlch ar'e
359
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bll~olle: e~ part of the Northerly Interceptor SYlltell. It h not. the
J 1nten~' of this action to violate uistin9 bond co..nenU, therefore,
where additional ~neys or actions are required,. the authority and
the seller shall. cooperate fully to Insure that the transaction is
cOlllpleted at II1nhlla1 additional' costll. Reference Is lIade .to
subsection (11) for speel fie. lllllltationa and guidelines on the
operation. and maintenance of the authority'a syste., to aubsectlon
(~7) for specific lilllltatlons and guidelines for the expansion of the
authority's system, ahd to subsection (19) for' assuMption or
retirement of indebtedness.
(15). To acquire, purchase, hold, lealle '811 leuee, and use 4ny
franchise; property, real, personal, or mixed, Unqlble or
Intangible, or any Interest therein neceBsary for carryinq out the
purposes of the authority except as prohibi:e~ herein.
(16) To provide wholesale wastewater transllllulon service within
the authority's boundaries. How~ver~ the authority, Is specifically
prohibited from owning or operatlnq facilities or In any other way
provldlnq retail sewage collectIon service dIrectly to homeowners or
other retail customers, or providing sewage treatlllent or effluent
dl~posal services, or any other service other than a wholesale
w3stewater transllllsslon service. ~
(17) To develop plans to provIde vastevater transmission service
to present and future population centers vlthln the authority'.
boundaries In a timely manner and to coordinate Its plannlnq and
programs with those of the approprIate municipal, county, state, and
Cederal agencies. Before the authority's Interceptor system shell be
expanded beyond the scope of facilitIes defIned as the Northerly
Interceptor System, the facility plan shall be amended to Include the
proposed expansIon In sccordance wIth appllcabl~ federal and state
laws and regulations. The amended facilIty plan shell be epproved by
the authority, said approval shall require the affirmative vote of a
minimum of three members of the Board. The local share of the COBts
of said expansions beyond the scope of facilities shovn as the
Northerly Interceptor system!shall be paid by the entity or entitles
to be served by the expansIon, unless the authorIty board unanimously
^pproved allocating said costs uniformly to all users of the
authority's system.
(18) To contract for necessary laboratory services vlth the owner
of the re9ional plant or 'other governmental or private entity. The,
authority shall specifically not const!uct, own or operate, or rent
or lease laboratories.
(19) To assume or retire the current indebtedness of any system
or systems for vhich the authority ass~mes responsIbIlity.
(20) To Issue revenue bondS for the purpose of this act, in the
menner hereInafter provided.
(21) To pledqe, or encumber all or any part of the revenues,
rates, [ees, rentals, or other chuqes or receIpts of . the author! ty
as security for all or any of the obllqations. of this authority.
(22) To lIue 'and be sued, implead and be llBpluded, cOlllplain and
defend In all courtll.
(23) To' pledge to the punctual paY1llent of bonds putlluant to thIS
act, and interest thereon, an amount of the revenue derived from the
360
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y,"hcUtUei ind unlch ol~ luch ~lltewa':.rtun..:,SII:lon sysltu,
'I~ :f'~ lncludinC) parta thereof thtrlllOfou acclutred or ~c)nstrUI:tell by uid
{, (~ authority, .lncludin9 ntenllions and !lmprovellent~s therl!of theredter
)I;!~. constructed or acquired, sufficient to pay uid bc)ndil and the
:il::l~. . Interest thenon as ,the sallie shall become dUl!. and to create anc!
,.,14(" ulntaln reasonable'reletyu therefor, and .in addition, to pledge any
:'f~ . Ipechl assessllenU levied as provided herein. Such alllount lIlay
1.;~. .consIst of all or any part of such revenues.
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~~lf' (24) To UBI, In connection vlth the construction, ac:qulsltl"on,
:~"'\i l.provelllent, operation, or Illalntenance of suc:h vastevater
'~~;.." transmission SYSUIlI,. any ri9ht-of-vay, easellent. lands under vater,
.,r.:- or other' slllllar property rights, necessary, convenient, or
"f.~': desirable, held by the state or any poll tical subdivision which
.~~~ consents to such use, whenever necessary to carry out the purposes of
!.;~:. this act and when In reasonable conforlllty with the Intent of local
~'.;: regulations.
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(25) To prescribe and promulgate necessary rules and r~ulations
consistent vlth the provisions of this act, ,to regulate the use of
the trans~lsslon system, and to set standards and specificatIons for
physical facIlitIes end theIr operation and m~lntenan~e.
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Issuance of ~evenue Bonds.--
section 7.
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..~ (1) Scope.. To pay all or part of. the COlt of the acquisition,
J ~onstruction, extension, or improvement of sewege transportation
'~'.~.::../' lystemS, the purchase froll governmental entities of existing sevage
. transportation facilities, and any and ell other Improvements whic~
~~~., .IY be authorited or penitted by this act (hereinafter collectIvely
."< . called .projects'), the authority is authorized to ls8ue, from tIme
" to time, revenue bonds (hereinafter called obonds.), in amounts
:,:" sufficient for such purposes. The bonds may be In coupon or fulh
~t re91stered form, In such denomination or denominations, bear Interest
;;.' It such a rate or rates not'exceedlng that rate per annum allowablt
-;':~ by general lav, and lIIeture at such time or times, not uceeding 4(
.:~: years frOlll their date or dates, as may be determIned by the board,
The bonds may be made redeemable before maturity, at the optIon 01
'.~~ the board, at such price or prices and under such terms anI
tr::. 'conditions as may be fixed by the board prior to their Issuance. Thl
....: board shall determine the place or places of payment of the pr Inclpa:
.,:,,~, of and interest on the bonds which may be at any banll or trus!
.,:\:' COllpany vithln or ouUlde the state. The bonds shell be signed b:
0.. the manual or facsimile slCJnatures of the chai[lllan and the secretar
'~~~. of the board, provided, however, that the bonds shall bur thereo
.:i;~' the lIIanual slqn&ture of one of such officers. 11le coupons attache
r;. to- the bonds, if any, shall bear the facslll\lle sIgnature 0
:!:~~ lignatures of such officer or offIcers as shell be designated by th
L"Jl board. The bonds shall hne the lIul of the board affixed
~, i.prlnted, reproduced, or lithographed thereon, and the coupons, I
:"~'!'" Iny, lIay have prlnted thereon · (Seal)', all as mey be prescrIbed I
..::::~. the resolution or resolutions authorhlng the issuance thereof. Th
r.~;'" bonda shall be lold at public sale. In the event an offer of e
'.!'f( hsue of bonds at PUblic sele produces no bid, or in the event al
.~. bids r~ceived are rejected, the authority is authorized to negotiat
:~t~. for the sale of such bonds under such rates and ter~s as fJI
:i~'., acceptable, provided that no such bonds shall be sold or delivered c
j~:t.rlls less favorable than the ter~S contained in any bids rejected I
:~K the public sale thereof, or the terms contained In the notice (
i~~ public sale If no bids vere received at such pUblic aale.
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!' ' C 2) ~~;Jpr !l~~ii:;~': "bond,.. ~ubjeet to' uie 11.1 tat Ion. cont.ain'ed I"
. "ut>aectloii;':or,'. the board lIIay Issue bond. Chuelnafter celled
.refundlncr:!LIl'l)IIU'I." to refund any bond. Islued punuant to this act
/lnd pro'.I,I'ii';lrl~lif the_rights of the holders thereof. . The .refundln.g
bonds IIIlfl~ii: IlUu~d lr1 an allount sufficient to paYI
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Ca) 'jl~;~':p~fnelpal .of the. ouUUndlng ~nds,
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Cb) :::'+i;~' in'terni: due and payabh on the outstanding bonds to and
lncludlri9': '~he first date upon. vhlch the outstanding bond. shalJ. be
callable; Ii>rlor', to. llIaturlty or the datu upon vhlch the principal.
thereof Ih~ll' .ature,
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Cc(' Th~i1 redelllptlon prelillu!ll, If any, and.
Cd) . A~Y upenan of the Issuance and sale of the refunding bonds..
(3) Security. . The principal o[ and Intuest on the bond. shall
be payable lolely fro. the rates, [eel, chargel, and other revenuei
derived by the authority [rolll the. operation o[ the project..and may
be additIonally payable froll the prlnc:1pal of or Interest on any
Invest_ent. of luch revenues. The ~Inclpal of and Interest on the
refunding bonds shall be payable solely [rolll such revenues or any
other funds of the authority legally available therefor.
(4)' Negotiable Instrulllents. The bonda and the refundIng bonds
shall also be and they are hereby constituted negotiable instruments
(or the purposes of and under the lavs of the state. .
CS) R~ferendu~. No referendum or election of qualified voters
shall be requIred for the exercise of any o[ the. provisions of this
act unless such referendum shall be required by lav.
(6) COlt of project. The cost. of the acquisition and
construction of the ptojects shall be dee~ed to Include, but not be
11~lted to, the cost of acqulsftlon o[ real property and interests .In
real property, legal, engineering, fiscal, and architectural fees and
fees of all other experts or consultants, 'englneerlng or
Ilrchltectural IItudles, surveys, plans, and designs: the
capitalization o[ Interest for a reasonable period after issuance of
the bonds, the elltablish~ent of reasonable relerves [or debt service,
all expenses of the issuance, authorization, and sale of the bonds
and proceedingl necessary or appropriate In connectIon therevlth, and
such other elpenses 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 vhlch
shall have been lIIade by the board prior. to the Issuance of the bondS
herein authorized.
SectIon 8. Chatges.--The authority shall develop a .yste~ of
ch&rges which Ihall provide sufficient revenues to recover. debt
s~rvlce pay~ente, operation and ~alntenance' costs, reneval and
r~placelllent fund requirements, and such other COstl nece.sary ror the
proper and e[flclent operation o[ the authority In carrying out the
Intent of this act. To the extent practical, the charge. shall be
billed to the custoeet of the authorIty on the baels of a cost per
unit volume of Itvage received by the authority. ~ll charges sha1~
be consistent vlth applicable loeal, state, and federal law' an
regulations and wIth any bond covenants that ~ay be in effect frolll
t I me to t IIl1e.
362
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~'i; ~::. .' sectici:n. 9. Cuet.o..rI t.o adopt .."er service chargu.--tach
i';' eUlto..er ahaU adopt and a.end appropriate leVer service syste.. or
;il:~' other lIeanl of obtaIning fund.' .vlthln this area of jurisdictIon
:;'I;~\'.ccorcnng to applicable tocal. state. and federal lavs and
:111l; regulatlonti, to provide lufflclent periodic payaent. to authority for
~!:i~~.Char9U lev.led by the au~horItY.. ..'
.~',l;. section 10. 'Penal tie. for .nonpaYllent.--The authority shal.l bill
.;I!',~ tach cuatoaer fOf services on a 1Il0nthly bash In accordance vlth the
;'''.~ Itandard billing procedure of the authority. Each custoller shall pay
.~~. luch billings withIn 30 dayl of the date the IIOnthly bill Is llIall~d.
.':~. If a CUltoller does. not pay vlthln the 30-da, period, the customer
)~:. thall pay an addItional late charge u. dened appropriate by the
board. If a billing or a portion of a billing Is outstanding for a
!f plrlod of lOr' than 60 day. frolll the date of the original billing,
.s.). the custolller shall be considered In default and the authority, In
~4.: addition to all other rights and r~lIedles, llIay.. by suit, action,
.t. .andallu., or luch other proceedings at law or In. equity. enforce or
.~~. cOlllpel the custolller and any'of the offlcers,.a~entl, or ~mployees of
.';". the custoller to perf o fill and carry out their duties and obligations
;~ under this act and othe~ applicable lav.
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..,. SectIon ll. Contracts for construction or IllIprovellents: sealed
.....;. blds.--All contUcts let, awarded, or entered Into by the authority
:~" for the construction, reconstruction, acquisition, or Improvement of
)!":::.' a sever system ot any part thereof, if the alllount thereof shall
~~~; nceed $5,000, Ihall be avarded only after public advertisement and
tf~: call for sealed bIds therefor, In a nevspaper published In the county
'~'. circulating In the service area of the authority or, H there be no
~" luch newspaper, then In a nevspaper published In the state and
..; circulating In the service area, such advertisement to be published
;:.'. at least once no less than 21 days before the date set for the
. receipt of such bids. Such advertisements for bids, In addition to
:g: the other necellsary and pertinent llIatters, shall state in general
'.' terlls the nature and deBcr Iptlon of the Improvement and Improvellents
:.,;~.: to be undertaken and shall state that detailed plans and
-.. Ipeciflcatlons [or such vork are on file for Inspection In the oHlcl!
.-,\.: or the authority and copies thereof shall be furnlsMd to any
....., Interested party upon payment of reasonable chargu to rellllburse the
... authority for its upenses In providing such copies. The avard shall
..J!:' be lDade to the responsible and competent bidder or bidden who shall
:,;.;' offer to undertake the IlIIprovements at the lowl!llt COlt to the
::~~:.~' authority and, such bidder or bidders shall be required to [ile bond
... for the full end falthrul performance of s.uch vork In such a~ount as
.~:' the authority board shall determine. <. In all other respects the
'';r,'. letting of such construction contracts shall comply vlth applicable
};'.. provlslonl of general law relating to the lettering of public
.~~ contracts. NothlnC) In this section shall be dUlled to prevent the
;;~;:: luthorlty froll hlr1nC) or retaIning such consulting enqlneeu,
.:g;: attorneys, financial uperts, or other technicians II it shall deem
....'~. n.cessary, or frOIl undertaltlng any construction vork vlth Its own
~~~ r.eources, without any such public advertisement, except as required
"~'.' by lav.)provlded, however,. If an emergency elllsts lIS defined herein.
~~ bId. shall not be required. Provided, the authority board ahall
:?i} place on public record the clrculllstances creating the elltrgency."
.!~i .t.ergency. Illlne any clrculllstance creatln9 an Inlnent peril of the
....:..10.. of life or property or endangerln9 public health, safety, and
. ,,'. general welfare, Ineludlng finandal velfare, of the authority.
.~.!f:
~~~: Seetlon 12. Free valtevater transllllsslon "rvlees prohlbihd.--
.~r Charges Ihall be' fhed and collected from any county, sch:lol
~1r'. .
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, CHAPTER' 78-617
tAWS OF fLORIDA
CHAPttR '!:!!1.
1
,,1Ist'~'I::t, or other 'polltical' subdivision uslfl9 the services and
facilities of ~he authority's transmission systeM as are filed and
collected fro. other users of such facilities In the sa~e class. No
free service shall be rendered by the authorlty'and no discrlMlnatl.on
shall elist in the charges'for users of the sa~e class.
Section 13. .Conveyance of property without eonelderation.--Any
municipality or political subdivision il authorized to sell, lease,
grant, or convey any real or personal property to the authority, and
any such sale, grant, lea~e, or conveyance May be aade without formal
consideration. However, any such sale, grant, lease, or conveyance
shall not be deemed complete unless formally accepted by the board.
Section 14. Cooperation with other un~tl, bo'rds, agencies, and
Indlvlduals.--Expresa authority and pover Is hereby given and granted
counties, municipalities, drainage distrlctl, road and brldg~
districts, school districts, or .any other political subdivisions,
boards, commissions, or Individuals In or of the state to ~ake and
enter Into contracts, leases, conveyances, or other agreements with
the authority, consistent with the provisions and purposes. of this
act. The authority Is hereby expressly authorized to make and enter
Into contracts, leases, conveyanc~, and other agreementa with any
political subdivision, agency, or Instr~mentality of the state and
~ny 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 atate pledges to, and
aqrees with, the United States, that In the event any federal agency
shall construct, or contribute any funds for the completion,
~xtension, or Improvement of, the authority's system or any part or
portion thereof, the state will not alter or' lIml t the rights and
powers of the authority In any manner which would be Inconsistent
with the continued maintenance and operation of the Iystem or the
completion, extensIon, or improvement thereof, or which would be
Inconsistent yith the due performance of any aqreements betyeen the
authority and any such federal agency, and the authority shall
continue to have and may exercise all poyers herein qranted so lonq
'Is'the same shall be necessary or desirable for carrying out the
purposes of the United States In the completion, extension, or
Improvemints of the sewage system or any part or portion thereof.
Section 16. Exemption from. tuatlon.--The effectuation of the
3uthorlzed purposes of the authority created under this act Is, In
~ll respects, for the benefit of the people of the state and the
citizens of the district for the Improvement of their health and
living conditions, and because such authority performs essential
'::!overnlllental functions in efCectuatlnq ,such purposu, the author ity
shall not be required to pay any taxes or assessment. of any kind or
nature yhatsoever upon any property acquired or ~sed by It for such
purposes, or upon any rates, fees, rentals, recelptl, Income, or
charges at any tlllle received by it, and the ~nds Issued by. the
3uthorlty, and their transfer, and the Income therefrolll, Includlnq
ftny profits made on the sale thereof, s~all at all times be free [rolll
taxation of any kind by the state or by any political subdIvision,
tftxlng agency, or Instrumentality thereof. However, the exemption
qranted by thll section shall not be applicable to any tex imposed by
chapter 220, FloridA Statutes, on interest, income, or profits on
d~bt obllgat~ons owned by corporations. When property of the
authority is leased, it Ihall be exempt frolll ad valorea taxes only If
the use by the lessee qualifies the rrop~rty for exemption under s.
196.199, Florida Statutes.
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. . Section 17. !Ullptlon ftoa ugulatlona.--The public seyereqe
f~~llities oplratlng In and under the. authority of this act and
within the area of the authority shall be exeMpt frOM any of the
regulatory provilions of chlpter 367, Florida Statutes, as it now
ulsU or as it lIay. be aBlended. '
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Section 18. "oney. of authority syste..--Tht MOney. of the
authority derived fro. such systelll, after bond a or other obligations
hive been Issued pursuant to this' act, shall be deposited In one or
aore banks or trult companies In a special account or accountl and
ahall constitute trust fundi, to be administered solely in accordance
with the provisions 'of the resolution or resolutions authorizing
bonds or other obllgatlonl pursuant to this act, and any funds not
required for the retirement of bond obligations shall be administered
at the. sole discretion of the authorl~y.
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Section 19. Sale of system.--The board shall have the pover to
transfer, aell, or assign any of the property of the authority which
It finds. is. not needed to carry out the purposes of this act to any
other governmental agenc~ according to whatever terms It deems
reasonable or at a public lale after notice, unless the property has
been pledged for the repayment of' i ndebtednesa.
Section 20. Liberal construction.--The provision of this act
Ihall be liberally con~trued to effect Its purposes.
Section 21. Severability of provlslona.--If any provision of thl!
act or the application thereof to any person or circulllstance is hele
Invalid, . the Invalidity shall not affect other provisions 01
applications of the act which can be 9iven effect without the invall<
provision or application, and to this end the provisions of this acl
are declared severable.
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Section 22. This act shall take effect upon becoming a law.
Became a lav without the Covernor's approval.
Filed in Office Secretary of State June 23, 1978.
"
,
CH.a.PTER 78-618
Roule elll Mo. 1342
".
AN .a.CT relating to Sarasota County, creating a special park
and recreation diltrlct, a political subdivision of the
State of Florida, for the unincorporated area known as
Tri-par Eatates Subdivisions, including all additions
as is ~ore particularly set forth below according t~
the public records of Saralota County, providing for
the ad~lnlltratlon of the affairs of laid district by a
board of nine trulteea and' defining their powers and
duties, providing for the qualification of electors in
the diltrlct and the manner of conducting the firlt
election of trustees and for biennial election of
trult.ea th.rlefter, providing for rl~oval of trustees
and appointment to fill vacancies, providing for the
as!ess~ent and coll.ctlon of a recreation district tax
alselled agalnlt each Improved relldentlal parcel of
real property vlthln the district, providing that such
365
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