House Bill 1637
CODING: Words stricken are deletions; words underlined are additions.
    Florida House of Representatives - 2000                HB 1637
        By Representatives Melvin, Peaden and J. Miller
  1                      A bill to be entitled
  2         An act relating to the Okaloosa Gas District;
  3         codifying the District's charter, chapter
  4         29334, Laws of Florida, 1953, as amended;
  5         reestablishing and recreating the Okaloosa Gas
  6         District for purposes of acquiring,
  7         constructing, owning, operating, managing,
  8         maintaining, extending, improving, and
  9         financing one or more gas distribution systems
10         or one or more gas transmission systems or gas
11         transmission and gas distribution systems for
12         its member municipalities of Crestview,
13         Niceville, Valparaiso, and Fort Walton Beach
14         and such other municipalities as may become
15         members of said District; providing such
16         services for the benefit of the public and
17         other users of gas in Okaloosa County and areas
18         in Santa Rosa County and areas in Walton County
19         and other areas of service; providing and
20         prescribing the territorial limits and areas of
21         service of the District; granting powers to the
22         District, including the power of eminent
23         domain; providing the means of exercising such
24         powers; declaring the purposes of the District
25         to constitute a public purpose; defining the
26         powers of the District; providing for a Board
27         of Directors as the governing body of the
28         District to exercise the powers of the District
29         and direct District affairs; providing officers
30         for the District; authorizing the District to
31         issue and sell bonds or revenue certificates
                                  1
CODING: Words stricken are deletions; words underlined are additions.
    Florida House of Representatives - 2000                HB 1637
    556-194-00
  1         payable solely from the revenues of a gas
  2         system or systems; authorizing judicial
  3         validation of such bonds or certificates;
  4         providing for execution and delivery by the
  5         District of mortgages, deeds of trust, and
  6         other instruments of security for the benefit
  7         of the holders of such bonds or revenue
  8         certificates; providing for remedies and rights
  9         available to the holders of the bonds or
10         revenue certificates; prohibiting distribution
11         of net profits to member municipalities;
12         prohibiting the District from exercising any
13         power of taxation; exempting property and
14         income of the District from taxation; exempting
15         District bonds or revenue certificates and
16         interest thereon from taxation; exempting
17         deeds, mortgages, trust indentures,  and other
18         instruments of, by, or to the District from
19         taxation; providing for the use and
20         distribution of the revenues of the gas systems
21         of the District; exempting the District, its
22         activities and functions, and the exercise of
23         its powers from the jurisdiction and control of
24         all state regulatory bodies and agencies;
25         regulating the use of the proceeds from the
26         sale of any such bonds or revenue certificates;
27         providing such bonds or revenue certificates as
28         legal investments for banks, trust companies,
29         fiduciaries, and public agencies and bodies;
30         providing for use of public roads by the
31         District; providing for a covenant by the state
                                  2
CODING: Words stricken are deletions; words underlined are additions.
    Florida House of Representatives - 2000                HB 1637
    556-194-00
  1         not to alter the provisions of the act to the
  2         detriment of the holders of bonds or revenue
  3         certificates of the District; providing for
  4         acquisition, construction, maintenance,
  5         operation, financing, and refinancing of a gas
  6         system or systems by the District; providing
  7         for discontinuance of customer service for
  8         nonpayment; repealing all prior special acts of
  9         the Legislature relating to the Okaloosa County
10         Gas District; providing for protection against
11         impairment of contracts and obligations of the
12         District; providing that the act takes
13         precedence over any conflicting law to the
14         extent of the conflict; providing severability;
15         providing an effective date.
16
17  Be It Enacted by the Legislature of the State of Florida:
18
19         Section 1.  Chapters 29334, 1953, 31051, 1955, 63-1697,
20  and 86-468, Laws of Florida, are codified, reenacted, amended,
21  and repealed as provided in this act.
22         Section 2.  The Okaloosa Gas District is reestablished
23  and re-created as an independent special district and the
24  charter for such District is re-created and reenacted to read:
25         Section 1.  Definitions.--Whenever used in this
26  charter, unless a different meaning clearly appears from the
27  context:
28         (1)  "Gas transmission system" means a supply of
29  natural gas, whether acquired from wells or deposits or from a
30  pipeline or other source of supply and a pipeline or lines,
31  plant and system for the acquisition and the transportation,
                                  3
CODING: Words stricken are deletions; words underlined are additions.
    Florida House of Representatives - 2000                HB 1637
    556-194-00
  1  transmission, and delivery of natural gas, or a plant for the
  2  manufacture of gas and the transportation, transmission, and
  3  delivery thereof, together with all appurtenances thereto and
  4  all property, real, personal, or mixed, used or useful in
  5  connection therewith, including franchises, rights-of-way, and
  6  easements.  A gas transmission system may include facilities
  7  for making deliveries of gas to industrial and institutional
  8  users and to line tap residential and commercial users as well
  9  as to gas distribution systems.
10         (2)  "Gas distribution system" means a plant and system
11  for the distribution and sale of gas and gas services in a
12  municipality and the surrounding territory, including the sale
13  and distribution of gas to residential, commercial,
14  industrial, institutional, and other users, together with all
15  appurtenances thereto and all property, real, personal, or
16  mixed, used, or useful in connection therewith, including
17  franchises, rights-of-way, and easements.
18         (3)  "System" means a gas transmission system or
19  systems and a gas distribution system or systems, or any one
20  or more of such systems.
21         (4)  "District" means the Okaloosa Gas District,
22  created and established by this charter.
23         (5)  "Board of Directors" and "board" means the Board
24  of Directors hereinafter provided for and constituting the
25  governing body of the District.
26         (6)  "Municipality" means incorporated cities, towns,
27  and villages and other municipal corporations of this state.
28         (7)  "Member municipalities" means the municipalities
29  of Crestview, Valparaiso, Niceville, and Fort Walton Beach and
30  such other municipalities as may become members of the
31  District in the manner provided in this charter.
                                  4
CODING: Words stricken are deletions; words underlined are additions.
    Florida House of Representatives - 2000                HB 1637
    556-194-00
  1         (8)  "Bonds" means bonds or revenue certificates or
  2  other financial obligations of the District maturing over 3
  3  years from date of issue, issued pursuant to this charter.
  4         Section 2.  Creation and establishment of the Okaloosa
  5  Gas District.--The Okaloosa Gas District is hereby created and
  6  established as an independent special district.  The public
  7  and governmental purposes of the District are to acquire by
  8  purchase or construction, one or both, and to own, finance,
  9  operate, maintain, extend, and improve one or more gas systems
10  described as follows:
11         (1)  A gas transmission system or systems to connect
12  each of the member municipalities and such other
13  municipalities in the District's area of service as the
14  District may determine to serve, with an adequate supply of
15  natural gas, at such point or points, as the District may
16  determine.
17         (2)  A gas transmission line or lines for the purpose
18  of supplying gas to any gas system even though located outside
19  of the area of service of the District.
20         (3)  A gas manufacturing plant and system.
21         (4)  Such gas distribution system or systems serving
22  such member municipalities and other municipalities as the
23  District may determine.
24         (5)  Such other facilities and lines as may be
25  necessary or desirable to serve such other customers along the
26  District's supply lines as the District may determine to serve
27  or as the District as a public agency deriving income from a
28  public utility, may be obligated to furnish service under the
29  laws of this state or the United States.
30         (6)  Such gas transmission lines, laterals, gas
31  distribution systems, and facilities to serve such customers
                                  5
CODING: Words stricken are deletions; words underlined are additions.
    Florida House of Representatives - 2000                HB 1637
    556-194-00
  1  in the District's area of service as the District or the
  2  District's Board of Directors may determine.
  3         (7)  The District may itself own and operate gas
  4  distribution systems in the District's area of service,
  5  whether in the municipality which is a member of the District
  6  or in some other municipality or in unincorporated territory.
  7         Section 3.  Area of service.--The territorial limits
  8  and area of service of the District shall be Okaloosa County,
  9  Florida, and the following described areas in Santa Rosa
10  County, Florida, and Walton County, Florida, to-wit:
11         (1)  In Santa Rosa County, an area 20 miles wide,
12  extending from the eastern boundary of Santa Rosa County, to
13  the western boundary of said county, the center line of which
14  shall be the presently existing transmission line of the
15  District, excepting, however, from the above described area of
16  Santa Rosa County:
17         (a)  The area within the corporate limits of the Town
18  of Milton and the surrounding territory presently served by
19  the gas distribution system of said town;
20         (b)  The area adjacent to State Highway 87 (Brewton
21  Highway) from the intersection of said highway and the
22  transmission line of the District northerly along said highway
23  for a distance of 2 miles;
24         (c)  The area adjacent to the New Chumuckla Highway
25  from the intersection of said highway and State Highway 87
26  (Brewton Highway) westerly along said New Chumuckla Highway
27  for a distance of 2 miles; and
28         (d)  The area adjacent to said Highway and the
29  transmission line of the District east of Milton, in a
30  westerly direction along said Highway 90 to the corporate
31  limits of the Town of Milton.
                                  6
CODING: Words stricken are deletions; words underlined are additions.
    Florida House of Representatives - 2000                HB 1637
    556-194-00
  1         (2)  In Walton County, the area shall be all of that
  2  portion of Walton County lying south of Highway 20 and 10
  3  miles north of Highway 20.
  4
  5  The District may acquire a supply of gas either within or
  6  without the District's territorial limits and area of service
  7  and may transport and transmit gas from the point of such
  8  acquisition to the system or systems of the District. The
  9  District may also sell and transport gas for delivery beyond
10  the territorial limits and area of service of the District and
11  acquire, finance, operate, maintain, extend, and improve gas
12  transmission lines, laterals, and facilities beyond the
13  territorial limits and area of service of the District for
14  such purposes and also for the purpose of making direct sales
15  to industrial and institutional users and to line tap
16  commercial and residential users, but the District shall not
17  acquire, construct, own, or operate any gas distribution
18  system in any area other than within the territorial limits
19  and area of service of the District as provided in this
20  section, unless authorized by special act of the Legislature
21  to do so.
22         Section 4.  Declaration of policy.--That the
23  undertakings enumerated in section 2 constitute a proper
24  public purpose for the benefit and welfare of the inhabitants
25  of the District and it is hereby found and declared that in
26  the construction, acquisition, improvement, maintenance,
27  operation, extension, and improvement of any or all of said
28  gas systems, the District will be exercising a proper
29  governmental function.
30         Section 5.  Members of the District.--The members of
31  the District shall be the municipalities of Crestview,
                                  7
CODING: Words stricken are deletions; words underlined are additions.
    Florida House of Representatives - 2000                HB 1637
    556-194-00
  1  Niceville, Valparaiso, and Fort Walton Beach.  Other
  2  municipalities in Okaloosa County may become members of the
  3  District by filing with the Secretary of State a resolution,
  4  duly adopted by such municipality's governing body, declaring
  5  the desire and intention of such municipality to become a
  6  member of the District and the municipality's willingness to
  7  be bound in all respects by the obligations of the District
  8  and the by-laws, resolutions, and acts of the Board of
  9  Directors relating to the business and affairs of the
10  District; provided, that the filing of such resolution with
11  the Secretary of State shall not be effectual to make such
12  municipality a member of the District unless and until the
13  Board of Directors of the District shall first have adopted
14  and filed with the Secretary of State a resolution signifying
15  their willingness and desire to accept said municipality as a
16  member of the District.  Other municipalities in other
17  counties adjoining Okaloosa County may, if authorized by
18  special act of the Legislature, become members of the District
19  in the same manner.
20         Section 6.  Powers of the District.--The District shall
21  have each and all of the following powers, together with all
22  powers incidental to such powers or necessary to the discharge
23  of such powers:
24         (1)  To sue and be sued and to defend suits against the
25  District.
26         (2)  To have and use an official seal for attesting
27  bonds and other official acts and deeds and to alter the same
28  at the District's pleasure.
29         (3)  To receive, acquire, take, and hold, whether by
30  purchase, gift, or lease, devise, or otherwise, real,
31  personal, and mixed property of any nature whatsoever that the
                                  8
CODING: Words stricken are deletions; words underlined are additions.
    Florida House of Representatives - 2000                HB 1637
    556-194-00
  1  Board of Directors may deem a necessary or convenient part of,
  2  or useful in connection with, any system or systems authorized
  3  in this charter.
  4         (4)  To make contracts extending over a period not
  5  exceeding 40 years for a supply or supplies of natural gas and
  6  for the sale and delivery of natural or manufactured gas.
  7         (5)  To contract with any person, firm, or corporation
  8  for the entire supervision, operation, and management of any
  9  one or more of the systems of the District, including the
10  collection and distribution of the revenues from such system
11  or systems, for such period of time as the board may deem
12  advisable not exceeding 10 years and at such compensation and
13  upon such terms as may be agreed upon and approved by the
14  Board of Directors.
15         (6)  To borrow money for any authorized purpose and to
16  issue in evidence of the borrowing interest bearing bonds
17  payable solely from the revenues derived from the operation of
18  any one or more of the District's systems.
19         (7)  To pledge to the payment of the District's bonds
20  any revenues from which said bonds are made payable and to
21  mortgage, pledge, or otherwise convey as security for such
22  bonds the system or systems the revenues from which are so
23  pledged.
24         (8)  To make such covenants in connection with the
25  issuance of bonds, or in order to secure the payment of bonds,
26  as are needful to secure and protect the rights of the holders
27  of such bonds, notwithstanding that such covenants may operate
28  as limitations on the exercise of other powers granted by this
29  charter.
30
31
                                  9
CODING: Words stricken are deletions; words underlined are additions.
    Florida House of Representatives - 2000                HB 1637
    556-194-00
  1         (9)  To establish, by resolution, rates and charges for
  2  the District's gas and gas services and to alter such rates
  3  and charges.
  4         (10)  To collect and enforce collection of such
  5  charges.
  6         (11)  To lease, exchange, sell, convey, and otherwise
  7  dispose of the District's real, personal, or mixed property by
  8  any form of conveyance or transfer, provided that the District
  9  does not sell and convey a gas system or systems to private
10  ownership.
11         (12)  To appoint and employ officers, agents, and
12  employees, including attorneys, as the District's business may
13  require, and to fix the compensation of such persons.
14         (13)  To provide for such insurance as the District's
15  Board of Directors may deem advisable.
16         (14)  To exercise all powers of eminent domain now or
17  hereafter conferred on counties in this state.
18         Section 7.  Eminent domain.--The powers of eminent
19  domain granted in this charter and conferred upon Districts
20  incorporated under this charter shall be exercised in the same
21  manner and subject to the same limitations as in the case of
22  counties in this state.
23         Section 8.  The Board of Directors.--The District shall
24  have a Board of Directors, consisting of one member of each
25  member municipality and one member appointed by the Board of
26  County Commissioners of Okaloosa County, to represent the
27  interest of the unincorporated areas and the interest of the
28  nonmember cities.  The member for each member municipality
29  shall be appointed by the governing body of such member
30  municipality and the Board of County Commissioners of Okaloosa
31  County shall appoint one member.  The member shall serve for a
                                  10
CODING: Words stricken are deletions; words underlined are additions.
    Florida House of Representatives - 2000                HB 1637
    556-194-00
  1  term of 4 years and until his or her successor is appointed in
  2  like manner and qualified.  Appointments to fill a vacancy
  3  shall be for the unexpired term.  The representative of each
  4  municipality may, but need not be, the mayor or chief
  5  executive officer of such municipality and the member
  6  appointed by the Board of County Commissioners of Okaloosa
  7  County may, but need not be, an elected official, except and
  8  provided that no member of the Board of County Commissioners
  9  of Okaloosa County shall serve in such capacity.  The members
10  of the Board of Directors shall serve without compensation,
11  except that they shall be reimbursed for actual expenses
12  incurred in and about the performance of their duties
13  thereunder and, at the discretion of the Board of Directors,
14  they may be paid a director's fee of not exceeding $25 for
15  each directors' meeting attended by them, not exceeding one
16  meeting during each calendar month.  The appointing authority
17  may remove any member of the Board of Directors within the
18  term for which such member shall have been appointed for
19  malfeasance or misfeasance in office or other just cause after
20  giving to such member a copy of the charges against him or her
21  and an opportunity to be heard in his or her defense.
22         Section 9.  Organization of the board; officers.--After
23  appointment of the members, the members of the Board of
24  Directors of the District shall meet and organize.  At such
25  meeting, the members of the board shall choose from their
26  number a president.  They shall also choose a secretary and a
27  treasurer, who may but need not be members of the board, and
28  such other officers, agents, and employees as may appear to be
29  desirable.  One person may serve as both secretary and
30  treasurer.
31
                                  11
CODING: Words stricken are deletions; words underlined are additions.
    Florida House of Representatives - 2000                HB 1637
    556-194-00
  1         Section 10.  Authority of the board.--The Board of
  2  Directors shall constitute the governing body of the District.
  3  The board shall exercise all the powers of the District and
  4  the board shall do all things necessary or convenient in
  5  acquiring, owning, operating, developing, extending,
  6  improving, financing, and refinancing the gas system or
  7  systems owned or to be owned by the District, including, but
  8  not limited to: the adoption and amendment of by-laws for the
  9  management and regulation of the District's affairs and the
10  enterprises in which the District is engaged; to use, with the
11  consent of any of the District's member municipalities, the
12  agent, employees, or facilities or property of such
13  municipalities and to provide for the payment of the agreed
14  proportion of the costs therefor; and to appoint officers,
15  agents, and employees, including attorneys, and to fix their
16  compensation to provide for the execution of deeds, mortgages,
17  indentures of trust, bonds, gas supply contracts, gas service
18  contracts, supervision contracts, and other instruments and
19  contracts of the District.  Action of the directors shall be
20  taken by resolution.  Such resolution shall be effective
21  without posting or publication.
22         Section 11.  Bonds of the District.--The bonds of the
23  District shall be authorized by resolution of the Board of
24  Directors of the District and may be issued in one or more
25  series, may bear such date or dates, mature at such time or
26  times, bear interest at such rate or rates, be in such
27  denominations, be in such form, either coupon or registered,
28  or both, be executed in such manner, be payable in such medium
29  of payment, at such place or places, either within or without
30  this state, be nonredeemable or subject to such terms of
31  redemption, with or without premium, be subject to being
                                  12
CODING: Words stricken are deletions; words underlined are additions.
    Florida House of Representatives - 2000                HB 1637
    556-194-00
  1  declared or becoming due before the maturity date of such
  2  bonds, as such resolution or resolutions may provide.  Said
  3  bonds may be issued for money, property, labor, or services,
  4  either at public or private sale, for such price or prices,
  5  including interest costs, as determined by the Board of
  6  Directors, the determination of which shall be conclusive.
  7  Such authorizing resolution shall provide for the execution
  8  and delivery of bonds of the District by officers of the
  9  District designated in such resolution.  Coupons may be
10  executed with the facsimile signature of any officer
11  designated by the Board of Directors.  Any bonds issued by the
12  District may thereafter at any time, whether before, at, or
13  after the maturity of such bonds, and from time to time be
14  refunded by the issuance of refunding bonds, which may be sold
15  by the District at public or private sale, at such price or
16  prices as may be determined by its Board of Directors, or
17  which may be exchanged for the bonds to be refunded.  The
18  District may pay all expenses, premiums, and commissions which
19  the District's Board of Directors may deem necessary or
20  desirable in connection with any financing done by the
21  District.  All bonds issued by the District shall be construed
22  to be negotiable instruments, although payable solely from a
23  specified source, and bona fide holders of such bonds for
24  value shall be entitled to all benefits provided by the
25  negotiable instruments law of this state.  Pending the
26  preparation or execution of definitive bonds, interim
27  receipts, or certificates or temporary bonds may be delivered
28  to the purchaser or purchasers of said bonds.  Any bonds
29  issued by the District may be purchased by the District out of
30  any funds available for such purposes but such right of
31  purchase may be limited in the authorizing resolution.  All
                                  13
CODING: Words stricken are deletions; words underlined are additions.
    Florida House of Representatives - 2000                HB 1637
    556-194-00
  1  bonds so purchased shall be canceled.  Bonds of the District
  2  and all matters connected with such bonds may be validated
  3  pursuant to the provisions of chapter 75, Florida Statutes,
  4  and any other applicable provisions of the Florida Statutes.
  5         Section 12.  Liability on bonds and other
  6  obligations.--Neither the bonds nor any other obligations of
  7  the District shall be a debt or obligation of the State of
  8  Florida, or a debt or obligation of Okaloosa County, or a debt
  9  or obligation of any municipality which is a member of the
10  District.  Neither the state nor Okaloosa County nor any such
11  municipality shall be liable in any way whatsoever on such
12  bonds or obligations, nor may the holder of any such bonds or
13  obligations compel the levy of any taxes for the payment of
14  such bonds or obligations.  Such bonds shall not be payable
15  out of any funds other than the revenues of the gas system or
16  systems of the District.  Such bonds are not subject to any
17  statutory or other limitations upon indebtedness.  Neither the
18  members of the Board of Directors nor any person executing
19  such bonds shall be liable personally on such bonds by reason
20  of the issuance of such bonds.  No referendum or election
21  shall be required for the issuance of bonds of the District,
22  except in such cases as such referendum or election may be
23  required by the Constitution of the State of Florida.
24         Section 13.  No power to tax or assess.--The District
25  shall have no power or authority to levy or collect any tax,
26  assessment, or charge other than the rates, fees, and charges
27  for selling gas and furnishing gas services as provided in
28  this charter, and any such tax or assessment levy is hereby
29  specifically prohibited.
30         Section 14.  Mortgage; deed of trust; security
31  agreements.--Any mortgage, deed of trust, or pledge agreement
                                  14
CODING: Words stricken are deletions; words underlined are additions.
    Florida House of Representatives - 2000                HB 1637
    556-194-00
  1  made by the District for the security of any of the District's
  2  bonds or to define the rights, remedies, and privileges of the
  3  holders of such bonds and the duties of the District to such
  4  holders, may contain such agreements, obligations, covenants,
  5  and provisions as the Board of Directors may deem advisable
  6  respecting the operation and maintenance of the gas system or
  7  systems and the collection and application of the revenues
  8  subject to such mortgage, deed of trust, or pledge agreement,
  9  and respecting the rights and duties of the parties to such
10  instrument or the parties for the benefit of whom such
11  instrument is made; provided, that no such mortgage or deed of
12  trust shall be subject to the sale of the system or systems at
13  foreclosure to private ownership.  To further secure the
14  repayment of any money borrowed by the District, the District
15  may enter into a contract or contracts binding the District
16  for the proper application of the money borrowed, for the
17  continued operation and maintenance of any gas system or
18  systems owned or to be acquired or constructed by the
19  District, or any part of parts of such system or systems, for
20  the imposition and collection of reasonable rates for, and the
21  promulgation of reasonable regulations respecting any service
22  furnished from the District's gas system or systems, for the
23  disposition and application of the District's gross revenues
24  or any part of such revenues, and for any other act or series
25  of acts not inconsistent with the provisions of this charter
26  for the protection of the loan and the assurance that the
27  revenues from the District's gas system or systems will be
28  sufficient to operate such system or systems, maintain the
29  same in good repair and in good operating condition, pay all
30  reasonable insurance on such system or systems, pay the
31  principal of and interest on any bonds payable from such
                                  15
CODING: Words stricken are deletions; words underlined are additions.
    Florida House of Representatives - 2000                HB 1637
    556-194-00
  1  revenues, and maintain such reserves and funds as may be
  2  deemed appropriate for the protection of the loan and the
  3  efficient operation of such system or systems.
  4         Section 15.  Mortgage or pledge of property or revenue
  5  not in existence; recording notice of mortgage and pledge
  6  liens.--Any mortgage or conveyance of property and any pledge
  7  of revenues to secure the bonds of the District shall be valid
  8  and binding from the time when such mortgage or conveyance is
  9  delivered or such pledge made, and the system, properties,
10  revenue, income, and moneys so mortgaged, conveyed, or pledged
11  and thereafter received by such District shall immediately be
12  subject to the lien of such mortgage, conveyance, or pledge
13  without any physical delivery of such mortgage, conveyance, or
14  pledge or further act, and the lien of any such mortgage,
15  conveyance, or pledge shall be valid and binding as against
16  all parties having claims of any kind in tort, contract, or
17  otherwise against the District, irrespective of whether such
18  parties have notice of such claims, from the time when a
19  statement thereof is filed in the county court of Okaloosa
20  County or other office where deeds and mortgages of real
21  property are recorded and in the proper public office in any
22  other county or counties where any part of the system or
23  systems or properties of the District are located.  Such
24  notice shall be sufficient if the notice states the date of
25  the resolution authorizing the issuance of the bonds, the date
26  of the bonds, the principal amount of such bonds, the maturity
27  dates of such bonds, and whether the system is one or more gas
28  transmission systems or one or more gas distribution systems
29  or both.  The county judge or other officer in charge of the
30  recording office shall file and index such notice in the
31  record of mortgages in their offices.
                                  16
CODING: Words stricken are deletions; words underlined are additions.
    Florida House of Representatives - 2000                HB 1637
    556-194-00
  1         Section 16.  Rights and remedies of bondholders.--In
  2  addition to all other rights and all other remedies, any
  3  holder or holders of any bond or bonds of the District,
  4  including a trustee for a bondholder, shall have the right,
  5  subject to any contractual limitation binding upon such
  6  bondholder or bondholders or trustee, and subject to the prior
  7  or superior rights of others:
  8         (1)  To sue on the bonds.
  9         (2)  By mandamus or other suit, action or proceeding,
10  at law or in equity, to enforce the bondholder's rights
11  against the District and the Board of Directors, including the
12  right to require the District and such board to fix and
13  collect rates and charges adequate to carry out any agreement
14  as to, or pledge of, the revenues produced by such rates or
15  charges, and to require such District and such board to carry
16  out the other covenants and agreements with such bondholder
17  and to perform the District's and the board's duties under
18  this charter and under any mortgage, indenture of trust, or
19  contract.
20         (3)  By action or suit in equity, to require such
21  District to account as if the District were the trustee of an
22  express trust for such bondholder.
23         (4)  By action or suit in equity, to enjoin any act or
24  things which may be unlawful or a violation of the rights of
25  such bondholder.
26         (5)  By suit, action, or proceeding in any court of
27  competent jurisdiction, to obtain in the event of the default
28  by the District in the payment when due of the bondholder's
29  bond or bonds or interest thereon, which default shall have
30  continued for a period in excess of 60 days, or default in the
31  performance of any other covenants or obligations of the
                                  17
CODING: Words stricken are deletions; words underlined are additions.
    Florida House of Representatives - 2000                HB 1637
    556-194-00
  1  District, which default shall have continued for a period of
  2  60 days after notice to cure such default, the appointment of
  3  a receiver for the gas system or systems of the District,
  4  which receiver may enter and take possession of such system or
  5  systems or any part or parts thereof, including all property,
  6  land, property rights, easements, franchises, books, records,
  7  papers, accounts, and other adjuncts of the gas system or
  8  systems of the District, and such receiver may operate and
  9  maintain such gas system or systems, fix and collect all rates
10  and charges, and receive all revenues thereafter arising
11  therefrom in the same manner as the District itself might do,
12  and shall deposit all moneys in a separate account or accounts
13  and apply the same in accordance with the obligations of such
14  District and as the court shall direct.
15         Section 17.  Proceeds from the sale of bonds.--All
16  moneys derived from the sale of any bonds issued by the
17  District shall be used solely for the purpose or purposes for
18  which such bonds are authorized, including any engineering,
19  legal, or other expenses incident to such purposes, and, in
20  the case of bonds issued in whole or in part for the
21  construction of a gas system or systems or any part of such
22  system or systems, interest on such bonds, or, if only a part
23  of the bonds are issued for the purpose of such construction,
24  on the part of such bonds issued for that purpose, prior to
25  and during such construction and for not exceeding 2 years
26  after completion of such construction and, in the case of
27  bonds issued by the District for the purpose of refunding
28  outstanding bonds of such District, any premium which the
29  District may deem necessary to pay in order to redeem or
30  retire the bonds to be refunded.  The treasurer or other
31  officer designated by the Board of Directors shall give a
                                  18
CODING: Words stricken are deletions; words underlined are additions.
    Florida House of Representatives - 2000                HB 1637
    556-194-00
  1  receipt for the purchase price to the purchaser of any such
  2  bonds, which receipt shall be full acquittal to such purchaser
  3  and the purchaser shall not be under any duty to inquire as to
  4  the application of the proceeds of such bonds.
  5         Section 18.  Disposition of net profits of
  6  District.--No distribution of net profits shall be made to the
  7  member municipalities.
  8         Section 19.  Bonds; legal investments.--Notwithstanding
  9  any provision of any other law or laws to the contrary, all
10  bonds, including refunding bonds, issued pursuant to this
11  charter, shall constitute legal investments for savings banks,
12  banks, trust companies, executors, administrators, trustees,
13  guardians, and other fiduciaries, and for any board, body,
14  agency, or instrumentality of the State of Florida, or of any
15  county, municipality, or other political subdivision of the
16  state, and shall be and constitute securities which may be
17  deposited by banks of trust companies as security for deposits
18  of state, county, municipal, and other public funds.
19         Section 20.  Tax exemption.--All property and all
20  income of the District shall be exempt from all state, county,
21  municipal and other taxation in the State of Florida.  All
22  bonds of such District and the interest on such bonds shall be
23  exempt from all state, county, municipal, and other taxation
24  in the State of Florida.  All deeds, mortgages, indentures of
25  trust and other documents executed by or delivered to any such
26  District shall be exempt from all state, county, and municipal
27  and other taxation in the State of Florida.
28         Section 21.  Consent of state agencies.--It shall not
29  be necessary for the District, in proceeding under this
30  charter, to obtain any certificates of convenience or
31  necessity, franchise, license, permit, or other authorization
                                  19
CODING: Words stricken are deletions; words underlined are additions.
    Florida House of Representatives - 2000                HB 1637
    556-194-00
  1  from any bureau, board, commission, or other like
  2  instrumentality of the State of Florida or Okaloosa County, in
  3  order to construct, acquire, or improve such system or systems
  4  or to exercise any of the powers granted in this charter.
  5         Section 22.  Regulation by state agencies.--Neither the
  6  rates, fees, rentals, or other charges to be established and
  7  collected for gas and services of such system or systems, when
  8  constructed, acquired, or improved as provided in this
  9  charter, nor bonds which may be issued under this charter,
10  shall be subject to approval, supervision, regulation, or
11  control of any bureau, board, commission, or other like
12  instrumentality of the state.
13         Section 23.  Covenants of the state.--That the State of
14  Florida hereby covenants with the holders of any bonds or
15  other obligations issued pursuant to this charter, and the
16  coupons appertaining to such bonds or obligations, that the
17  state will not in any manner limit or alter the power and
18  obligation vested by this charter in the District to fix,
19  establish, and collect, in the matter provided in this
20  charter, such fees, rentals, or other charges for the
21  facilities and services of such system or systems, and to
22  revise such fees, rentals or other charges from time to time
23  whenever necessary, as will always be sufficient, together
24  with any other pledged funds, to pay the expenses of
25  operation, maintenance, and repair of such system or systems,
26  the principal of and interest on all bonds or other
27  obligations issued pursuant to this charter for such system or
28  systems, and to comply fully with and fulfill the terms of all
29  agreements and covenants made by the District with holders of
30  such bonds or other obligations, until all such bonds or other
31  obligations, together with all interest accrued or to accrue
                                  20
CODING: Words stricken are deletions; words underlined are additions.
    Florida House of Representatives - 2000                HB 1637
    556-194-00
  1  on such bonds, and all costs or expenses in connection with
  2  any action or proceedings by or on behalf of the holders of
  3  such bonds or other obligations are fully paid and discharged,
  4  or adequate provision made for the payment of discharge of
  5  such bonds.
  6         Section 24.  Use of public roads.--The District is
  7  hereby authorized to use the right of way of all public roads,
  8  whether state or county, without securing the prior approval
  9  of the state or any agency or department of the state or the
10  governing body of any county.
11         Section 25.  Discontinuance of customer services.--If
12  any rates, fees, or charges for the services and facilities
13  furnished by any gas system or systems constructed or
14  reconstructed by the District under the provisions of this
15  charter shall not be paid when due, the District may
16  discontinue and shut off the supply of the services and
17  facilities of the system to the customer so supplied with such
18  services or facilities until such fees, rentals, or other
19  charges, including the interest, penalties, and charges for
20  the shutting off and discontinuance or the restoration of such
21  services or facilities are fully paid, and for such purposes
22  may enter on any lands, waters, and premises of such
23  delinquent customers, within or without the boundaries of the
24  District.  Such delinquent fees, rentals, or other charges,
25  together with interest, penalties, and charges for the
26  shutting off and discontinuance or the restoration of such
27  services or facilities, and reasonable attorney's fees and
28  other expenses, may be recovered by the District by suit in
29  any court of competent jurisdiction.  The District may also
30  enforce payment of such delinquent fees, rentals, or other
31  charges by any other lawful means of enforcement.
                                  21
CODING: Words stricken are deletions; words underlined are additions.
    Florida House of Representatives - 2000                HB 1637
    556-194-00
  1         Section 3.  Chapter 29334, Laws of Florida, 1953,
  2  chapter 31051, Laws of Florida, 1955, chapter 63-1697, Laws of
  3  Florida, and chapter 86-468, Laws of Florida, are repealed.
  4         Section 4.  The contracts and obligations heretofore
  5  made and incurred and other actions heretofore taken by the
  6  Okaloosa Gas District shall not be impaired or otherwise
  7  affected by enactment of this codification of the special acts
  8  referred to in sections 1 and 3 or by the repeal of such
  9  special acts provided for in such sections.
10         Section 5.  In the event of a conflict of the
11  provisions of this act with the provisions of any other act
12  the provisions of this act shall control to the extent of such
13  conflict.
14         Section 6.  In the event any section or provision of
15  this act is determined to be invalid or unenforceable, such
16  determination shall not affect the validity of or
17  enforceability of each other section and provision of this
18  act.
19         Section 7.  This act shall take effect upon becoming a
20  law.
21
22
23
24
25
26
27
28
29
30
31
                                  22