CONSTRUCTION AND FUNDING

Tampa Related Laws art. XXI, div. 2

in effect

Tampa Related Laws, art. XXI, § 21.08 General grant of power.

Sec. 21.08. - General grant of power. The City of Tampa, Florida, is hereby authorized and empowered: (a) to construct enlargements, improvements and extensions of the waterworks system of said City, either inside or outside or partly inside and partly outside of the corporate limits of said City; (b) to issue water revenue bonds of said City, payable solely from water revenues, to pay the cost of such construction; and provided however, that the aggregate principal amount of such water revenue bonds which may be issued under provisions of this Act [division] shall not exceed Two Million Five Hundred Thousand Dollars ($2,500,000); and (c) to fix and collect rates and other charges for the water furnished by said waterworks system, provided however, that the prevailing water rates maintained by said City of Tampa shall not be increased unless and until the Board of Representatives [City Council] of the City of Tampa shall by ordinance provide for the submission of any proposed increase in rates to the voters of the City of Tampa and at such election, the proposal to increase such water rates shall receive a majority vote of such voters. (Laws of Fla. 1941, Ch. 21593, § 1; Laws of Fla. 1943, Ch. 22487, § 1; Compiled Charter 1958, § 775)

Tampa Related Laws, art. XXI, § 21.09 Credit of city not pledged.

Sec. 21.09. - Credit of city not pledged. Water revenue bonds issued under the provisions of this Act [division] shall not be deemed to constitute a debt of said City or a pledge of the faith and credit of the City, but such bonds shall be payable solely from the fund hereinafter provided therefor from revenues. All such bonds shall contain a statement on their face to the effect that the City of Tampa is not obligated to pay the same or the interest thereon except from revenues and that the faith and credit of the City are not pledged to the payment of the principal of or the interest on such bonds. The issuance of water revenue bonds under the provisions of this Act [division] shall not directly or indirectly or contingently obligate the City to levy or to pledge any form of taxation whatever therefor. No holder of any such water revenue bonds shall ever have the right to compel any exercise of taxing power on the part of the City to pay any such bonds or the interest thereon, or to enforce payment of such bonds or the interest thereon against any property of the City, nor shall any such bonds constitute a charge, lien or encumbrance, legal or equitable, upon any property of the City. (Laws of Fla. 1941, Ch. 21593, § 2; Compiled Charter 1958, § 776)

Tampa Related Laws, art. XXI, § 21.10 Definitions.

Sec. 21.10. - Definitions. As used in this Act [division], the following words and terms shall have the following meanings: (a) The word "City" shall mean the City of Tampa, Florida. (b) The word "Board" shall mean the Board of Representatives [City Council] of the City of Tampa, or the board or body in which the general legislative powers of the City may hereafter be vested. (c) The term "waterworks system" shall embrace the existing water supply and water distribution systems of the City, and, upon the construction of improvements thereof as hereinafter defined, shall embrace such improvements, and shall include all property, rights, easements and franchises relating thereto and deemed necessary or convenient for the operation thereof. (d) The word "improvements" shall mean such enlargements, extensions, additions and betterments of the waterworks system, whether located inside or outside of the corporate limits of the City, and deemed necessary to place the waterworks system in proper condition for its safe, efficient and economic operation. (e) The term "cost of improvements" shall mean the cost of constructing improvements as hereinabove defined and shall embrace the cost of all labor and material, the cost of all lands, property, rights, easements and franchises acquired which are deemed necessary for such construction, the cost of all machinery and equipment, financing charges, engineering and legal expenses, cost of plans, specifications, and such other expenses as may be necessary or incident to such construction and to the financing herein authorized. (Laws of Fla. 1941, Ch. 21593, § 3; Compiled Charter 1958, § 777)

Tampa Related Laws, art. XXI, § 21.11 Powers of Board [City Council].

Sec. 21.11. - Powers of Board [City Council]. The Board [City Council] shall have power to authorize and provide for: (a) all contracts or agreements necessary or incidental to the performance of its duties and to the execution of its powers under this Act [division], including contracts for the sale of water from the waterworks system to public and private consumers within and without the corporate limits of the City, including contracts with any agency or department of the Federal Government for supplying the military and other needs of any such agency or department with water; (b) acceptance of loans and grants of money, materials, property or labor at any time from the United States of America or any agency or instrumentality thereof, including the Reconstruction Finance Corporation, upon such terms and conditions as the United States of America or such agency or instrumentality, including the Reconstruction Finance Corporation, may impose; (c) employment of consulting engineers, a superintendent or manager of the waterworks system, such other engineering, architectural, construction and accounting experts and inspectors and attorneys, and such other employees as may be deemed necessary, and to prescribe their powers and duties and fix their compensation; (d) the exercise of the power of eminent domain for the acquisition of any private property necessary in and about the construction, use and maintenance of said water system and, also, to exercise any power usually possessed by private water companies which are not in conflict with the Constitution and laws of the State; and (e) the doing of all things necessary or convenient to carry out the powers expressly given in this Act [division]. (Laws of Fla. 1941, Ch. 21593, § 4; Compiled Charter 1958, § 778)

Tampa Related Laws, art. XXI, § 21.12 Water revenue bonds.

Sec. 21.12. - Water revenue bonds. The Board [City Council] shall have power and is hereby authorized at one time or from time to time to provide by resolution for the issuance of negotiable water revenue bonds of the City for the purpose of paying all or any part of the cost of improvements, as hereinabove defined, of the waterworks system. The principal and interest of such bonds shall be payable solely from the special fund herein provided for such payment. The bonds of each issue shall be dated, payable semi-annually, shall mature at such time or times not exceeding forty years from their date or dates, shall be payable in such medium of payment as to both principal and interest as may be determined by the Board [City Council], and may be made redeemable before maturity, at the option of the Board [City Council], at such price or prices and under such terms and conditions as may be fixed by the Board [City Council] in the resolution providing for the issuance of the bonds. The Board [City Council] shall determine the form of the bonds, including any interest coupons to be attached thereto, and the manner of the execution of the bonds and coupons, shall fix the denomination or denominations of the bonds and the place or places of payment of principal and interest thereon, which may be at any bank or trust company within or without the State, Provided, however, that the first million and one-half ($1,500,000.00) Dollars of bonds issued pursuant to this Act [division] shall not bear interest at a greater rate than four (4%) percent per annum and any bonds thereafter issued shall not bear interest at a rate greater than four and one-half (4½%) percent per annum. In case any officer whose signature shall appear on any bond or whose facsimile signature shall appear on any coupons shall cease to be such officer before the delivery of such bonds, such signature shall nevertheless be valid and sufficient for all purposes the same as if he had remained in office until such delivery. All revenue bonds issued under the provisions of this Act [division] shall have and are hereby declared to have as between successive holders, all the qualities and incidents of negotiable instruments under the negotiable instruments law of the State. The bonds may be issued in coupon or in registered form, or both, as the Board [City Council] may determine, and provision may be made for the registration of any coupon bond as to principal alone and also as to both principal and interest, and for the reconversion of bonds registered as to both principal and interest into coupon bonds. Such bonds shall be sold in the manner and at not less than the minimum price provided for the sale of bonds under the provisions of the General Refunding Act of 1931, of the State of Florida, but no such sale shall be made at a price so low as to require the payment of interest on the money received therefor at a greater rate than herein provided, computed with relation to the absolute maturity of the bonds in accordance with standard tables of bond values, excluding, however, from such computation the amount of any premium to be paid on redemption of any bonds prior to maturity. Prior to the preparation of definitive bonds, the Board [City Council] may, under like restrictions, issue interim receipts, interim certificates, or temporary bonds, with or without coupons, exchangeable for definitive bonds upon the issuance of the latter. The Board [City Council] may also provide for replacement of any bond which shall become mutilated or be destroyed or lost. Such bonds may be issued without any other proceedings or the happening of any other conditions or things than those proceedings, conditions and things which are specified or required by this Act [division]. Any resolution providing for the issuance of water revenue bonds under the provisions of this Act [division] shall become effective immediately upon its passage and approval of the Mayor of the City and need not be published or posted, and any such resolution may be passed at any regular or special or adjourned meeting of the Board [City Council] by a majority of its members, but no such resolution shall become effective without the approval of the Mayor of the City. The resolution providing for the issuance of such bonds may also contain such limitations as the Board [City Council] may deem proper upon the issuance of additional water revenue bonds under the provisions of this Act [division] or upon the issuance of additional general obligation bonds of the City for the payment of which any part of the revenues of the waterworks system may be required to be applied, and such additional bonds shall be issued under such restrictions and limitations as may be prescribed by such resolution. All moneys received from any bonds issued under the provisions of this Act [division] shall be applied solely for the purpose for which the bonds shall be authorized or to the sinking fund created for the payment of such bonds. There shall be and there hereby is created and granted a lien upon such moneys until so applied in payment to the holders of such bonds. (Laws of Fla. 1941, Ch. 21593, § 5; Compiled Charter 1958, § 779)

Tampa Related Laws, art. XXI, § 21.13 Trust funds.

Sec. 21.13. - Trust funds. All moneys received under the provisions of this Act [division], whether as proceeds from the sale of bonds, as grants or other contributions, or as revenues and earnings, shall be deemed to be trust funds, to be held and applied solely as provided in this Act [division]. The Board [City Council] shall, in the resolution providing for the issuance of water revenue bonds, provide for the payment of the proceeds of the sale of the bonds and the earnings and revenues to be received to any officer who or any agency, bank or trust company which, shall act as trustee of such funds and shall hold and apply the same to the purposes hereof, subject to such regulations as this Act [division] and such resolution may provide. (Laws of Fla. 1941, Ch. 21593, § 6; Compiled Charter 1958, § 780)

Tampa Related Laws, art. XXI, § 21.14 Revenues and earnings.

Sec. 21.14. - Revenues and earnings. The Board [City Council] shall fix and shall revise from time to time as may be necessary, rates and other charges for water furnished by the waterworks system. Such rates or other charges shall be so fixed and adjusted as to provide a fund sufficient to pay (a) the cost of maintaining, repairing and operating the waterworks system, including reserves, for extraordinary repairs and for renewals and replacements, (b) the principal of and the interest on all bonds heretofore issued by the City on account of the waterworks system and now outstanding (hereinafter sometimes called the "outstanding bonds"), as the same shall become due, (c) the principal of and the interest on all water revenue bonds issued under the provisions of this Act [division] as the same shall become due, and any premium required for the redemption of such bonds before maturity, and (d) the principal of and the interest on all general obligation bonds of the City for the payment of which any part of the revenues of the waterworks system may be required to be applied, and all sinking fund requirements and other requirements provided by the resolution authorizing the issuance of such bonds. Such rates or other charges shall not be subject to supervision or regulation by any State commission, board, bureau or agency. A sufficient amount of the revenues derived from the waterworks system, except such part thereof as may be required to pay the cost of maintaining, repairing and operating said system and to provide such reserves therefor as may be provided for in any resolution authorizing the issuance of water revenue bonds under the provisions of this Act [division], shall be set aside at such regular intervals as may be provided in such resolution in a sinking fund which is hereby pledged to, and charged with the payment of (1) the interest upon the outstanding bonds and upon such water revenue bonds as such interest shall fall due, (2) the principal of the outstanding bonds and of such water revenue bonds as the same shall fall due, (3) the principal of and the interest on any general obligation bonds of the City for the payment of which any part of the revenues of the waterworks system may be required to be applied, (4) the necessary charges of paying agents for paying such principal and interest, and (5) any premium upon bonds retired by call or purchase as herein provided. The use and disposition of such sinking fund shall be subject to such regulations as may be provided in the resolution authorizing the issuance of the water revenue bonds but, except as may otherwise be provided in such resolution, such sinking fund shall be a fund for the benefit of all of the outstanding bonds and the water revenue bonds issued for the waterworks system without distinction or priority of one over another. The Board [City Council] shall at the close of each fiscal year make a comprehensive survey and report of its operations of the waterworks system during the preceding fiscal year, including all matters relating to rates, revenues, expenses of maintenance, repair and operation and of replacements and extensions, principal and interest retirement, and the status of all funds, and shall set forth in such report the budget finally adopted by the Board [City Council] for the then current fiscal year. Copies of such annual report shall be filed with the City Clerk, with the City Comptroller [Director of Finance], and with all banks or trust companies at which the principal and interest of water revenue bonds issued under the provisions of this Act [division] may be payable, and shall be open to the inspection of all interested persons. (Laws of Fla. 1941, Ch. 21593, § 7; Compiled Charter 1958, § 781)

Tampa Related Laws, art. XXI, § 21.15 Remedies.

Sec. 21.15. - Remedies. Any holder of water revenue bonds issued under the provisions of this Act [division] or of any of the coupons appertaining thereto, except to the extent the rights herein given may be restricted by the resolution providing for the issuance of such bonds, may, either at law or in equity, by suit, action, mandamus or other proceeding protect and enforce any and all rights under the laws of the State of Florida or granted hereunder or under such resolution, and may enforce and compel the performance of all duties required by this Act [division] or by such resolution to be performed by the Board [City Council] or any officer of the City, including the fixing, charging and collecting of rates and other charges for water furnished by the waterworks system. (Laws of Fla. 1941, Ch. 21593, § 8; Compiled Charter 1958, § 782)

Tampa Related Laws, art. XXI, § 21.16 Water [and sewer systems] revenue refunding bonds.

Sec. 21.16. - Water [and sewer systems] revenue refunding bonds. The Board [City Council] is hereby authorized to provide by resolution for the issuance of water revenue refunding bonds of the City for the purpose of refunding any of the outstanding bonds and any bonds issued under the provisions of this Act [division] and then outstanding, together with accrued interest thereon. The issuance of such refunding bonds, the maturities and other details thereof, the rights of the holders thereof, and the duties of the Board [City Council] in respect to the same, shall be governed by the foregoing provisions of this Act [division] insofar as the same may be applicable, and by the following provisions: (a) No water revenue refunding bonds shall be delivered, unless delivered in exchange for the bonds to be refunded thereby, except in the amount necessary to provide for the payment of matured or redeemable bonds or bonds maturing or redeemable within six months, including any accrued interest or redemption premium thereon. (b) No such refunding bonds shall be issued, unless issued to refund outstanding bonds or water revenue bonds which have matured or will mature within six months, or unless the interest rate of such refunding bonds shall be at least one-fourth of one per centum less than the interest rate borne by the bonds to be refunded. The Board [City Council] is further authorized to provide by resolution for the issuance of a single issue of water revenue bonds of the City for the combined purposes of (1) paying the cost of any improvements and of (2) refunding water revenue bonds of the City which shall have been issued under the provisions of this Act [division] and shall then be outstanding and which shall then be subject to redemption or can be acquired for retirement; provided, however, that the provisions of paragraph (b) of this Section shall not be applicable to revenue bonds issued for such combined purposes. Water and sewer systems revenue bonds authorized by this Ordinance [section] may be sold for a price less than the face amount thereof and may also make no provision for the payment of interest thereon. If the City Council of the City of Tampa proposes to issue any such bonds without provision for the payment of interest then the City Council is further authorized to provide by resolution for the omission of interest coupons with respect to such bonds. (Laws of Fla. 1941, Ch. 21593, § 9; Compiled Charter 1958, § 783; Ord. No. 7895-A, § 1, 2-25-82)

Tampa Related Laws, art. XXI, § 21.17 Act liberally construed.

Sec. 21.17. - Act liberally construed. This Act [division], being necessary for the welfare of the City of Tampa and its inhabitants, shall be liberally construed to effect the purposes hereof. (Laws of Fla. 1941, Ch. 21593, § 10; Compiled Charter 1958, § 784)

Tampa Related Laws, art. XXI, § 21.18 Constitutional construction.

Sec. 21.18. - Constitutional construction. The provisions of this Act [division] are severable, and if any of its provisions shall be held unconstitutional by any court of competent jurisdiction, the decision of such court shall not affect or impair any remaining provisions. (Laws of Fla. 1941, Ch. 21593, § 11)

Tampa Related Laws, art. XXI, § 21.19 Alternative method.

Sec. 21.19. - Alternative method. This Act [division] shall be deemed to provide an additional and alternative method for the doing of the things authorized hereby and shall be regarded as supplemental and additional to powers conferred by other laws, and shall not be regarded as in derogation of any powers now existing. Bonds may be issued under the provisions of this Act [division] notwithstanding and without regard to any limitation on indebtedness described by any other law, and bonds issued under the provisions of this Act [division] shall not be considered in computing the amount of indebtedness which the City of Tampa may incur under any other law. (Laws of Fla. 1941, Ch. 21593, § 12; Compiled Charter 1958, § 785)

Source: City of Tampa, Code of Ordinances and Charter and Related Laws (Municode Library, library.municode.com)URL: https://library.municode.com/fl/tampa/codes/code_of_ordinances?nodeId=CHRELA_PTBRELA_ARTXXIUTATSY_DIV2COFUFetched: 10/28/2026