§ 258-31. Powers of board.

The board of county commissioners, in order to effectuate the purposes of this article, shall have the power:

(1)

To construct, install, erect, acquire by purchase or by condemnation; and to improve, enlarge, reconstruct, maintain, repair and operate sanitary sewerage systems and water supply systems, or combined water and sewerage systems in the county, excluding municipal systems except by consent of the governing body of the municipality.

(2)

To construct and operate water systems or sewerage systems as separate systems or as joint projects, in which all the revenue therefrom shall be administered as from a single system.

(3)

To enter on any land, waters or premises located within the county, in order to make surveys, borings, soundings and examinations for the purpose of this article.

(4)

To provide for all surveys and preparation of plans, specifications and estimates in connection with the construction of water supply or sanitary sewerage systems, or both, or feasibility studies to determine the feasibility of acquiring existing private water or sanitary sewerage systems;

(5)

To enter into contracts with the government of the United States or the state or any county of the state or any agency or instrumentality thereof, or with any municipality, private corporation, partnership, association or person providing for or relating to the supply or treatment of water and disposal of wastes and sewage, ex- cept where service is available from a municipality-owned system and provided that such contracts will not detract, conflict or compete with a municipality-owned system.

(6)

To receive and accept from any governmental agency grants or loans for or in aid of the planning, construction, reconstruction or financing of any water supply system or sanitary sewerage system, and to receive and accept aid or contributions from any source, of either money, property, labor or other things of value, to be held, used and applied only for the purposes for which such grants and contributions may be made.

(7)

To enter into contracts with property owners or developers or building contractors who plan to erect buildings or other improvements within platted subdivisions (or other property) under which such persons shall install, at their expense, water mains, laterals, lines and equipment, intercepting trunk, main and lateral sewers; the location, material, size and type of which shall be installed strictly in accordance with such specifications as required by the county, and which shall connect with a water supply system or a sanitary sewerage system constructed or owned by the county; which such water mains, laterals, lines and equipment, intercepting trunk, main and lateral sewers shall become the property of the county upon such terms and conditions as provided by the contract, and the county may issue bonds of any type herein authorized to obtain funds with which to carry out such contracts.

(8)

To fix and collect rates, fees and other charges for the services and facilities furnished by any county-owned and operated sanitary sewerage system or water supply system, and for making connections with the same; and provide penalties for delinquency in payment thereof.

(9)

Reserved.

(10)

To prohibit the use and maintenance of out-houses, privies, and septic tanks, or similar devices as the board may direct and compel owners of buildings in such areas to connect with the water system or sanitary sewerage system of the county, or other private or municipal system.

(11)

To contract with any municipality or other public corporation to provide or receive water or to receive or dispose of sanitary wastes or, by contract, to arrange for the collection of water or sanitary sewerage charge made by the county in the unincorporated areas and to enforce payment by shutting off and discontinuing service.

(12)

To execute, issue and deliver bonds, certificates or other evidences of indebtedness in the manner and subject to the limitations herein provided.

(13)

To levy special assessments against properties adjacent, adjoining or abutting or in such proximity to sewer or water lines or other assessable improvements of the county that said properties will be specially benefited by the construction, acquisition, extension and operation of said sewer or water lines or other assessable improvements, provided that such assessments shall not exceed the cost of the sewer or water lines or assessable improvements constructed. Special assessments on said properties deemed to be benefited by said sewer or water lines or assessable improvements shall be determined and prorated according to any one or a combination of the following methods:

a.

Upon an area or square foot basis as to all property specially benefited.

b.

In proportion to the benefits which may result from the improvement.

c.

By the foot frontage of the property bounding or abutting upon the improvement.

d.

Upon any other fair and equitable basis according to benefits received.

(14)

To restrain, or seek injunctive relief in a court of competent jurisdiction, to enjoin or prevent the violation of this article or any resolution, rule or regulation adopted pursuant to the powers granted by this article, without the necessity of showing a public nuisance in such legal proceeding.

(15)

To prescribe the methods of pretreatment of wastes when the same are not amenable to treatment with normal domestic sewage before accepting such waste for treatment and to refuse to accept such wastes when not sufficiently pretreated, and by resolution to prescribe penalties for the refusal of any person, association or corporation to so pretreat industrial waste.

(16)

Reserved.

(17)

Reserved.

(18)

To sell or otherwise dispose of the effluent, sludge or other byproducts as a result of sewage treatment or solid waste disposal facilities.

(19)

To, by resolution duly adopted, designate one or more areas of operation which are to be served by and in which a sewer system or water system, or combined water and sewer constructed or acquired pursuant to this article, may exclusively operate and to denominate such area or areas of operation by number, name or other appropriate descriptive title, except in areas where the legislature has previously granted permission to systems owned and operated by municipalities.

(20)

To employ engineers, attorneys, accountants, financial or other experts and such other agents and employees as said board may require or deem necessary to effectuate the purposes of this article, or to contract for any of such services.

(21)

Except as otherwise provided in this act, to construct, install, erect, acquire and to operate, maintain, improve, extend, or enlarge and reconstruct a water system or systems, a sewer system or systems, or a combined water and sewer system or systems within the county and, for and on behalf of the county, to have the exclusive control and jurisdiction thereof; to issue revenue bonds or assessment bonds of the county, or any combination thereof, to pay all or part of the cost of such construction, reconstruction, erection, acquisition or installation of such water system, sewer system or combined water and sewer system, and additions, extensions and improvements thereto.

(22)

To fix and collect rates, fees and other charges to persons or property or both for the use of the facilities and services provided by any water system or sewer system or combined water and sewer system, and to fix and collect charges for making connections with any such water system or sewer system, or combined water and sewer system, and to provide for the imposition of reasonable penalties on any users or property for any such rates, fees or charges that are delinquent.

(23)

To acquire in the name of the county by purchase, gift or the exercise of the right of eminent domain, such lands and rights and interest therein, including lands under water and riparian rights; and to acquire such personal property as it may deem necessary in connection with the construction, reconstruction, improvement, extension, installation, erection or operation and maintenance of any water system or sewer system or combined water and sewer system and to hold and dispose of such real and personal property, excluding systems owned and operated by municipalities, except by consent of the governing body of the municipality.

(24)

To exercise jurisdiction, control and supervision over any water system or sewer system or combined water and sewer system or any part thereof owned, operated and maintained by the county and to make and enforce such rules and regulations for the maintenance and operation of any water system or sewer system or combined water and sewer system as may be, in the judgment of the board, necessary or desirable for the efficient operation of any such system or improvements in accomplishing the purposes of this article.

(25)

To require and enforce the use of its facilities or the facilities of private utility companies whenever and wherever they are accessible.

(26)

Subject to such provisions and restrictions as may be set forth in the resolution authorizing or securing any bonds or other obligations issued under the provisions of this article:

a.

To enter into contracts with the government of the United States or any agency or instrumentality thereof, or with any county, municipality, district, authority or political subdivision, private corporation, partnership, association or individual providing for or relating to the treatment, collection and disposal of sewage, or the treatment, supply and distribution of water and any other matters relevant thereto or otherwise necessary to effect the purposes of this act, except where service is available from a municipality-owned system; and provided that the contracts will not detract, conflict or compete with a municipality-owned system;

b.

To receive and accept from any federal agency, grants or loans for or in aid of the planning, construction, reconstruction or financing of any water system or sewer system or combined water and sewer system and to receive and accept aid or contributions or loans from any other source of either money, property, labor or other things of value, to be held, used and applied for the purpose for which such grants, contributions or loans may be made;

c.

To furnish water or sewer services within municipalities with the consent of such municipalities;

d.

To construct or acquire jointly with any municipality or municipalities in such county water and sewer systems or any parts or facilities thereof under such terms and conditions as shall be agreed upon between the county and such municipalities; and

e.

To acquire from any municipality, with its consent, in the county and operate any water or sewer systems, or any parts or facilities thereof, either within or without such municipality.

(Laws of Fla. ch. 67-1145, § 5; Laws of Fla. ch. 70-593, § 1; Laws of Fla. ch. 70-604, § 7)