The governing board shall establish a budget for the authority to provide the initial
operating expenses until such time as the authority receives revenue under the water
supply agreements provided for in section 258-78(6). The term "operating expenses" means all contemplated capital and operating costs
and expenses of the authority necessary to carry out any of the purposes of the authority
provided under this article, except any costs or expenses for the purchase or condemnation
of water system facilities. Initially, the authority shall establish an operating
expense budget for the period beginning with the date of its organization and terminating
on September 30 of the same year. Thereafter, the governing board shall establish
an annual operating expense budget for each fiscal year, which shall commence on October
1 and terminate on September 30 of the next year. The governing board of the authority
shall adopt a tentative annual operating expense budget prior to July 1 of each year
and deliver a copy of such tentative annual operating expense budget to the city of
Melbourne and the board of county commissioners of Brevard County. Within the 15 days
of the meeting adopting the tentative budget the authority shall advertise in a newspaper
of general circulation in the county of Brevard County its intention to finally adopt
a budget. A public hearing to finalize the budget shall be held not less than two
days and more than five days after the date that the advertisement is first published.
During the hearing the authority shall amend the adopted tentative budget as it sees
fit and adopt a final budget. Notice of the budget hearing will be in the following
form:
The Brevard County water authority has tentatively adopted a budget for (fiscal year).
A public hearing to make a final decision on the budget and taxes will be held on
(date). The initial and final annual operating expense budget of the authority shall
be approved and established by the board of county commissioners of Brevard County
in the manner contemplated under F.S. § 200.001(8)(d). Such budget shall be approved
at the times and the manner in which the annual county budget is approved by the board
of county commissioners of Brevard County. The city of Melbourne shall pay a percentage
of the initial operating expense budget, and the annual operating expense budget approved
thereafter by the board of county commissioners, from the revenues of the water system
of the city of Melbourne in the proportion that the population within the service
area of the publicly owned water distribution system operated by the city of Melbourne
bears to the total population within the boundaries of the district, and the county
shall pay the remainder. The contributions by the city of Melbourne and the county
to the annual operating expense budget shall be paid by the county and the city of
Melbourne in 12 equal installments during each fiscal year. The payment by the city
of Melbourne and the county of the initial operating expense budget and of the 12
equal installments of an approved annual operating expense budget shall be considered
a ministerial act and the authority shall apply to the circuit court for a writ of
mandamus to compel payment if the city of Melbourne or the county fails to pay its
respective portions of the initial operating expense budget and any of the 12 installments
required by it under this section of the approved annual operating expense budget
of the authority. The authority may amend its budget at any time during the fiscal
year following the procedures and requirements of F.S. § 129.06. The amended budget
shall not be effective unless it is approved by the board of county commissioners
of Brevard County, Florida.
(Laws of Fla. ch. 83-375, § 10; Laws of Fla. ch. 87-481, § 1)
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