§ 9-3. Disposal or incinerator units.

(a)

Definitions. The following words and phrases, when used in this act [section] shall, for the purpose of this act [section], have the meanings respectively ascribed to them in this section [paragraph (a)], except where the context otherwise requires:

(1)

"County" means St. Lucie County.

(2)

"Board" means the Board of County Commissioners of St. Lucie County.

(3)

"Project" means garbage disposal or incinerator units, including all property rights and easements relating thereto and determined necessary or convenient for the construction or operation thereof.

(4)

"Improvements" means repairs, replacements, additions, extensions and betterments of and to a project as are deemed necessary to place such project in proper condition for the safe, efficient and economic operation thereof, or necessary to preserve a project or to maintain adequate service to the public.

(5)

"Cost of improvements" means the cost of construction or acquiring improvements as hereinabove defined, embracing the cost of labor and materials, the cost of land, property, rights, easements and franchises acquired which are deemed necessary for such construction, the cost of machinery and equipment, financing charges, cost of engineering and legal expenses, plans, specifications, surveys and such other expenses as may be necessary or incident to such construction.

(6)

"Cost of a project" means the cost of acquiring or constructing such project, and the cost of improvements, including the cost of labor and materials, the cost of land, property, rights, easements and franchises acquired, which are deemed necessary for such acquisition or construction, the cost of machinery and equipment, financing charges, interest prior to and during construction and for one year after the completion of construction, engineering and legal expenses, cost of plans, specifications, surveys, estimates of construction costs and of revenues, other expenses necessary or incident to determining the feasibility or practicability of such acquisition or construction, administrative expenses, and such other expenses as may be necessary or incident to the financing herein authorized and to such acquisition or construction and the placing of the project in operation.

(b)

General powers. The board is authorized to:

(1)

Acquire by purchase or to construct, or partly acquire and partly construct, and to improve, repair, reconstruct, own, operate and maintain or to contract for the operation and maintenance of any project, either inside or outside or partly inside and partly outside of the boundaries of the county;

(2)

Issue revenue bonds of the county, payable solely from earnings, to pay the cost of a project or improvement thereof as provided in F.S. ch. 159;

(3)

Issue general obligation bonds of the county as provided in F.S. ch. 130 to pay the cost of a project or improvements thereof;

(4)

Levy, collect and expend taxes for the interest and principal on such general obligation bonds and for the maintenance and operation of such projects as provided by law;

(5)

Fix, revise and collect rates, fees or other charges for the services and facilities furnished by such project;

(6)

Acquire in the name of the county, either by purchase or the exercise of the right of eminent domain, land and rights and interests therein, including land under water and riparian rights, and to acquire personal property, as it may deem necessary in connection with the construction, reconstruction, improvement, extension, enlargement or operation of any project;

(7)

Make and enter into contracts and agreements necessary or incidental to the performance of its duties and the execution of its powers under this act [section], and employ consulting engineers, accountants, construction and financial experts, superintendents, managers and other employees and agents as may, in the judgment of the board, be deemed necessary, and to fix their compensation;

(8)

Receive and accept from any federal agency grants for or in aid of the planning, construction, reconstruction or financing of any project, and 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; and

(9)

Make such rules and regulations for the collection and disposal of garbage, trash and debris as shall be reasonable to effect the purposes of this act [section], including a requirement that any person, firm or corporation collecting garbage, trash or debris in the unincorporated area of the county must use the facilities provided by the county for disposing of such garbage, trash or debris.

(c)

Bonds. In order to finance the cost of such projects and improvements thereto, as defined herein, the board may issue revenue bonds in accordance with the provisions of F.S. ch. 159 or general obligation bonds in accordance with the provisions of F.S. ch. 130.

(d)

Rules and regulations. Prior to the adoption or amendment of rules and regulations by the board, there shall be a public hearing at which any interested person may be heard. Notice of such hearing shall be by publication in a newspaper of general circulation in the county one time at least two (2) weeks prior to the date of the hearing.

(e)

Penalty. Violation of the rules and regulations adopted pursuant to the provisions of this act [section] is a misdemeanor and shall be punishable as provided by law.

(Laws of Fla. ch. 65-2183, §§ 1—5)