§ 234-40. Additional powers of county.

In addition to powers which the county may now have and in addition to the power granted in section 234-39, the county shall have the power under this act [article]:

(1)

To finance, refinance, construct, acquire, improve, maintain, manage, and operate or contract with persons, firms, or corporations for the financing, construction, acquisition, improvement, operation, maintenance, management, or ownership of a solid waste disposal and resource recovery system within the area affected by this act [article] and, pursuant to interlocal agreement, within areas outside the area affected by this act [article] and to acquire by gift, purchase, or the exercise of the power of eminent domain lands or rights in lands and any other property, real or personal, tangible or intangible, necessary for such purposes.

(2)

To operate, manage, and maintain or provide for the construction, operation, management, and maintenance of such solid waste disposal and resource system or any portion thereof for its own use and for the use and benefit of persons within the area affected by this act [article] or territory adjacent thereto who shall use such facilities and services and to enter into long-term contracts or agreements for the disposal of solid waste and resource recovery with any such person.

(3)

To provide by ordinance or resolution, at one time or from time to time, for the issuance of revenue bonds or other appropriate debt instruments of the county for the purpose of financing or refinancing all or part of the cost of the county's solid waste disposal and resource recovery system or any portion thereof. The principal of and interest on such bonds shall be payable from the revenues derived from the operation of the system and from any other legally available funds, other than ad valorem tax revenues, as may be provided in the ordinance or resolution authorizing the bonds. The bonds of each issue shall be dated, may or may not bear interest which shall be at a rate or rates not exceeding amounts allowable by general law in effect at the time of the issuance of each series, shall mature at one time or at times not exceeding 40 years from their date or dates of issuance as may be determined by the county and may be made redeemable before maturity at the option of the county at such price or prices and under such terms and conditions as may be fixed by the county prior to the issuance of the bonds. The county shall determine the form of the bonds and the interest coupons, if any, to be attached thereto and the manner of executing the bonds, and shall fix the denomination or denominations of the bonds and the place or places of payment of the principal of and interest and premium, if any, on the bonds, which may be at any bank or trust company within or without the state. If any officer whose signature or facsimile of whose signature appears on any bonds ceases to be such officer before the delivery of such bonds, such signature or such facsimile shall nevertheless be valid and sufficient for all purposes as if he had remained in office until such delivery. Such bonds shall have and are hereby declared to be and to have all the qualities and incidents of negotiable instruments under the Uniform Commercial Code of the state. Provisions may be made for the registration of any of the bonds in the name of the owner as to principal alone or as to both principal and interest and for the reconversion of any of the bonds registered as to both principal and interest into coupon bonds if authorized under existing law. Such bonds may be issued without regard to any limitation on indebtedness prescribed by any other law and shall not be included in the amount of bonds which the county may be authorized to issue under any statute. The county may sell such bonds in such manner and for such prices as it may determine to be in the best interest of the county, subject to the restrictions of any general law in effect at the time of sale. Prior to the preparation of definitive bonds, the county may, under like restrictions, issue interim receipts, interim certificates, or temporary bonds, with or without coupons, exchangeable for definitive bonds when such bonds have been executed and are available for delivery and may issue bond anticipation notes pursuant to F.S. § 215.431. The county may also provide for the replacement of any bonds which shall become mutilated, or be destroyed or lost. Such bonds may be issued without any other proceedings or the happening of any conditions or events other than those proceedings, conditions, or events which are specifically required herein.

(4)

In the discretion of the county, each or any issue of such bonds may be secured by a trust agreement by and between the county and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or without the state. Such trust agreement may pledge or assign the revenues to be received, but in the case of a county-owned facility shall not convey or mortgage the solid waste disposal and resource recovery system or any portion thereof. The ordinance or resolution providing for the issuance of bonds or such trust agreement may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the county and the governing body of the county in relation to the acquisition, construction, improvement, maintenance, operation, repair, and insurance of the solid waste disposal and resource recovery system or any portion thereof and the custody, safeguarding, and application of all moneys. Such ordinance, resolution, or trust agreement may set forth the rights and remedies of the bondholders and of the trustee, if any. In addition to the foregoing, such ordinance, resolution, or trust agreement may contain such other provisions as the county may deem reasonable and proper for the security of bondholders. Except as otherwise provided herein, the county may provide, by ordinance, resolution, or such trust agreement, for the payment of the proceeds of the sale of the bonds and the revenue of the facilities to such officer, board, or depository as it may determine for the custody thereof and for the method of disbursement thereof with such safeguards and restrictions as it may determine.

(5)

To employ and to enter into agreement and contracts with consultants, advisors, engineers, attorneys, or fiscal, financial, or other experts for the planning, preparation, supervision, financing, and refinancing of such solid waste disposal and resource recovery system or any portion thereof upon such terms and conditions as the governing body of the county shall deem reasonable and proper.

(6)

To enter into contracts for the sale of resources recovered and energy generated in operations of the solid waste disposal and resource recovery system or any portion thereof.

(7)

To use any rights-of-way, easements, or other similar property rights, necessary or convenient, in connection with the construction, acquisition, improvements, operation, management, or maintenance of such solid waste disposal and resource recovery system held by the state or any local agency thereof, and the state hereby consents to such use whenever necessary to carry out the purposes of this act [article] to the extent such use by the county does not interfere with a prior existing use serving a valid public purpose.

(8)

To grant exclusive or nonexclusive licenses, franchises, or permits to persons for the financing, refinancing, ownership, improvements, construction, acquisition, operation, maintenance, or ownership of such solid waste disposal and resource recovery system for a term not exceeding 40 years; to provide for the issuance of licenses, franchises, or permits to persons for the collection of solid waste, in the area affected by this act [article]; to impose such conditions on said licenses, franchises, or permits as shall include, but not be limited to, standards of service, rate regulation, area of population, and fees for privilege of operating under the license, franchise, or permit; to provide that the license, franchise, or permit shall have no value as to the unexpired term of the license, franchise, or permit in the event of revocation; to provide in any franchise agreement the right of acquisition by condemnation; to impose such other conditions on said license, franchise, or permit as shall be reasonable and necessary; and to issue industrial development bonds to assist in the construction and acquisition of such facilities pursuant to F.S. ch. 159, pt. II (F.S. § 159.25 et seq.).

(9)

To adopt and enforce all ordinances or resolutions necessary or convenient to carry out the purposes of this act [article].

(Laws of Fla. ch. 87-441, § 5)