§ 405. Powers and duties of authority.

The authority shall have the following powers and duties, in addition to and supplementing other powers granted in this act and powers granted to authorities by general law:

(1)

To construct, install, erect, acquire, operate, maintain, improve, extend, enlarge, or reconstruct a water system or a sewer system, or both, within the jurisdictional boundaries of the authority and the environs thereof and to have the exclusive control and jurisdiction thereof, to issue its revenue bonds or assessment bonds, or any combination of the foregoing, to pay all or part of the cost of such construction, reconstruction, erection, acquisition, or installation of such water system or sewer system, or both. All capital improvements shall be consistent with the comprehensive plan of the applicable local government within the meaning of part II of chapter 163, Florida Statutes.

(2)

To regulate the use of sewers and the supply of water within the authority's boundaries, regardless of whether private or governmental, exclusive of Clay County and Duval County, and to prohibit the use and maintenance of outhouses, privies, septic tanks, package sewage treatment plants, or other unsanitary structures or appliances. This power shall be exercised concurrently with any power inherent in Clay County. In the event of a conflict, the more stringent rule shall apply.

(3)

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

(4)

To exercise on behalf of the county, the exclusive right to grant a private company or corporation organized under the laws of the state to construct, operate, and maintain water and sewer systems within the unincorporated areas of the county for such term of years and upon such conditions and limitations, including the payment of an annual franchise fee, as may be deemed expedient and for the best interests of the area within the jurisdiction of the authority for the accomplishment, of the purposes set forth in this act, said franchise to be for a period of not longer than thirty (30) years, provided that the rates or charges to be made by the private company, or corporation to the individual users of the utility constructed or operated under authority of this act shall be fixed by the authority upon proper hearing had for that purpose. Any private company or corporation constructing or operating any of the works pursuant to such franchise shall be liable for damage occasioned by the act, negligence or injury to the rights of other persons, firms, or corporations in the same manner and with the same limitations as any other private corporation chartered under the laws of the state.

(5)

To acquire in the name of the authority by purchase, gift, or the exercise of the right, of eminent domain, pursuant, to chapters 73 and 74, Florida Statutes, such lands and rights and interests 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 the system and to hold and dispose of all real and personal property under its control. The power of eminent domain may be exercised both within and outside the boundaries of the authority but within the boundaries of Clay County.

(6)

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

(7)

To restrain, enjoin, or otherwise prevent the violation of this law or of any resolution, rule, or regulation adopted pursuant to the powers granted by this law.

(8)

To join with any other districts. municipalities, towns, or other political subdivisions, public agencies, or authorities in the exercise of common powers.

(9)

To contract with other private or public entities or persons to provide or receive a water supply for sewage disposal, collection, or treatment or to operate the water and sewer system of such entity or person.

(10)

To prescribe methods of pretreatment of industrial wastes not amenable to treatment with domestic sewage before accepting such wastes for treatment and to refuse to accept such industrial wastes when not sufficiently pretreated as may be prescribed, and by proper resolution to prescribe penalties for refusal of any person or corporation to so pretreat such industrial wastes.

(11)

To require and enforce the use of its facilities whenever they are accessible and to require and enforce the installation and dedication to the authority of water and/or sewer facilities and easements as a condition precedent to the provision of service by the authority or by another entity authorized by the authority to provide interim service until authority facilities are available.

(12)

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

(13)

To construct and operate connecting, intercepting, or outlet sewers and sewer mains and pipes and water mains, conduits, or pipelines in, along, or under any streets, alleys, highways, or other public places or ways regulated by or under the jurisdiction of the state or the county or any municipality or political subdivision when necessary or convenient for the purposes of the authority.

(14)

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 law, 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 law, and to receive and accept from any federal or state agency grants or loans for or in aid of the planning, construction, reconstruction, or financing of improvements, additions, or extensions to the system and to receive and accept aid, contributions, or loans from any other source of either money, property, labor, or other things of value, to be held, used, and applied only for the purpose for which such grants, contributions or loans may be made.

(15)

To enter into interlocal agreements with any municipality, county, district, or political subdivision for any corporate purpose of the authority including, but not limited to, borrowing money for construction of improvements, additions, or extensions to the system.

(16)

The authority may not assume ownership, operation, and control of any county, municipality, district, or authority-owned water and sewer system, including the assumption of the financial liabilities associated with such water and sewer system without formal approval by the Clay County Commission.

(17)

The authority is expressly prohibited from purchasing or acquiring by any means any other water and sewer company without the approval of the Clay County Commission.

(18)

To appoint advisory, administrative, or operational boards and committees to assist the authority in the exercise and performance of the powers and duties provided under this act.

(19)

To sue and be sued in the name of the authority, and to do all acts and things necessary or convenient for the conduct of its business and the general welfare of the authority in order to carry out the powers and duties provided in this act or provided in any other law applicable to counties.

(20)

The executive director of the authority shall have the responsibility for carrying out the policies of the authority and keeping and maintaining the seal and the records of the authority and for collecting, disbursing, investing, and maintaining the funds of the authority and such other responsibilities as the board may instruct said executive director to perform, provided that the authority may contract all or part of such services with any third party, including the clerk.

(21)

No individual supervisor shall have any power to legislate or administer the authority's functions, on their own behalf or on behalf of the board.

(22)

The authority is charged with the overall responsibility for, and, subject only to the provisions of this section, shall have the exclusive power to provide water and sewer services and facilities within the geographic boundaries hereinafter provided for. The authority shall be exempt from the provisions of chapter 120, Florida Statutes.

(23)

No existing investor or publicly owned water or sewer utility shall expand or extend its collection or distribution facilities or any service area within which such collection or distribution facilities are located and in existence on the effective date of this act, unless the board shall decline a formal request by the utility to provide the water and sewer service to the proposed expanded or extended area. A formal request for service shall be made by the utility to the board at a regularly scheduled public meeting. Such formal request shall describe in detail the proposed expanded or extended service area and the type of utility service requested. Failure of the board to act and commence to provide the requested service upon such formal request for a period of sixty (60) days after the conclusion of the public hearing shall be deemed to be a decline of such request for the purposes of this act to the extent that the utility actually provides such service.

(24)

Nothing in this act shall be construed to negate or otherwise limit the powers, authority, and jurisdiction of the Clay County Commission to provide for water and sewer services under general or special law in any portion of Clay County.

(25)

The authority shall comply with the provisions of sections 189.415, 189.4155, 189.416, 189.417, 189.418, Florida Statutes, and other applicable provisions of general law prescribing duties and responsibilities of special districts.

(26)

The authority may levy either special assessments or non-ad valorem assessments or both for assessable improvements and may collect such assessments either in accordance with chapter 197, Florida Statutes, or by any alternative method approved by the board.

(Ch. 94-491, § 6)