GENERALLY

Tampa Related Laws art. XXI, div. 1

in effect

Tampa Related Laws, art. XXI, § 21.01 [Acquisition of waterworks; eminent domain.]

Sec. 21.01. - [Acquisition of waterworks; eminent domain.] That the City of Tampa, for the purpose of establishing and operating a plant for supplying water for municipal use and for the use of such of its inhabitants as may require and pay for the same, be and it is hereby expressly authorized and empowered by the exercise of the right of eminent domain to acquire the property of every character and description whatsoever belonging to any person, firm or corporation engaged in supplying the said City and its inhabitants with water; and the City of Tampa in condemning said property by exercising the right of eminent domain is authorized and empowered to proceed in the manner provided by Chapter 5856 of the Laws of Florida, approved June 5, 1915, being a general Act authorizing cities and towns to exercise the right of eminent domain to acquire property for certain purposes, prescribing the procedure in such actions and providing for the payment of property so acquired. (Laws of Fla. 1919, Ch. 8363, § 1; Compiled Charter 1958, § 769)

Tampa Related Laws, art. XXI, § 21.02 [Acquisition of water; sale of same; conduits; regulation.]

Sec. 21.02. - [Acquisition of water; sale of same; conduits; regulation.] In addition to the powers now authorized, the City of Tampa is hereby authorized and empowered to take water for the use of its inhabitants, from any stream or place in the State of Florida, within or without the said limits, and outside the limits of other incorporated cities and towns; in the acquisition of said water, it shall have the right to acquire the same by condemnation, or otherwise; it shall have the right to furnish water to other municipalities, or other users of water in Hillsborough County, Florida, and shall have the right to lay, construct and maintain pipes for such purpose along all public highways throughout said county, including the streets of any other municipality therein; to fix just, reasonable, compensatory and adequate rates which may be charged for water to consumers thereof, and to make such reasonable rules and regulations in regard to the extensions of mains, connections and service to consumers as the City Commissioners may deem necessary and proper, and to prescribe penalties for failure to observe any rate so fixed, or for the violation of any rule or regulation which may be prescribed under this Act [section]. (Laws of Fla. 1923, Ch. 9925½, § 1; Compiled Charter 1958, § 770)

Tampa Related Laws, art. XXI, § 21.03 May acquire existing water plants.

Sec. 21.03. - May acquire existing water plants. If the Mayor and City Council deem it advisable to acquire any existing plant for supplying the city and its inhabitants with water, and the price to be paid therefor has been agreed to or ascertained by any of the means provided in the preceding section [section 21.04 of this division], it shall be the duty of the Mayor and City Council to at once call a bonding election under the provisions of Section 41 of this Charter [not compiled], and submit the question of issuing and selling in the manner provided by said section sufficient bonds of the city to purchase said plant; but unless it is proposed to enlarge and extend the plant, which is a separate question and which may be submitted separately at the same time, the par value of the bonds to be issued shall not exceed in the aggregate the price to be paid for said plant, and while the rate of interest to be paid semi-annually shall not exceed five (5%) percent per annum, the plant to be acquired with any enlargement or extension of the same may be specially pledged in the bonding ordinance as security for the payment of said bonds. If, however, the City Council, with the concurrence of the Mayor, deems it advisable to build and construct one or more plants for supplying water for municipal use and for the use of its inhabitants, and the plans and specifications therefor and an itemized statement of the approximate cost thereof, have been furnished as provided in the preceding section [section 21.04 of this division], it shall be the duty of the Mayor and City Council to call and hold a bonding election as provided for in Section 41 of this Charter [not compiled] for the purpose of issuing and selling bonds of the city with which to construct such plant or plants according to the said plans and specifications furnished therefor by the Commissioners of Public Works, *including the purchase of the water supply and such other real or personal property as may be necessary in the construction of said plant. And the Mayor and City Council are hereby granted the authority to pass all such resolutions and ordinances as may be necessary to exercise any of the powers hereinbefore or hereinafter granted with respect to establishing, maintaining and operating one or more municipal plants for the supply and distribution of water for municipal use and the use of such persons as may require and pay for the same. Should bonds of the city be voted under the provisions of this section, the Commissioners of Public Works* shall take charge of and sell said bonds, and the proceeds derived from such sale shall be placed to the credit of said Commissioners of Public Works* as provided by this Charter. And should the City of Tampa, by any of the means provided in this Charter or otherwise, become the owner of one or more plants for supplying water for municipal use and the use of such persons as may require and pay for the same, such plant or plants shall be maintained and operated by the Commissioners of Public Works,* who shall have charge, management and control thereof, and from time to time may employ such persons as may be necessary to operate the same and collect the revenues derived from such operation, and the Commissioners of Public Works* shall also have the power to fix the compensation of all persons so employed. Any surplus revenues accruing from the operation of such plant or plants, after the most economical management of the same and after paying for the cost of operation, maintenance and betterments, shall be applied towards the payment of interest and sinking fund on account of any bonds outstanding for the purchase, construction or enlargement of said plant or plants, but no betterments or enlargement of any such plant shall be made except upon the order or direction of the Mayor and City Council; and should there be any surplus after the payment for enlargements and extensions or betterments, maintenance, operation, interest and sinking fund as hereinbefore stated, such surplus shall be appropriated to such other municipal purpose as the Mayor and City Council may determine in their annual budget. And the Commissioners of Public Works [17] shall on or before the first day of June of each year render an itemized statement of the receipts and expenditures in connection with the said plant or plants and said statement shall be published in at least one newspaper published in the City of Tampa within ten days thereafter. (Laws of Fla. 1887, Ch. 3779, § 63; Laws of Fla. 1919, Ch. 8364, § 15; Compiled Charter 1958, § 771)

Tampa Related Laws, art. XXI, § 21.04 May establish water plants.

Sec. 21.04. - May establish water plants. That the City of Tampa be and it is hereby authorized to establish, maintain and operate one or more plants for supplying water for municipal use and for the use of such of its inhabitants as may require and pay for the same, and for this purpose it may build and construct its own plant without acquiring the plant of any other person or corporation engaged in supplying the city and its inhabitants with water; or it may acquire by purchase or by the exercise of the right of eminent domain any existing plant, and the word "plant" as here used shall include all the property of any person or corporation necessarily used in supplying the City of Tampa and its inhabitants with water. If it should be deemed expedient by the Mayor and City Council to acquire any existing plant and the parties in interest cannot agree upon the price to be paid therefor, such price shall be determined by condemnation proceedings instituted by the city in the exercise of the right of eminent domain, or by arbitration in the manner provided in the franchise of the person or corporation owning such plant, if there be any such franchise and it so provides, or by arbitration in the manner provided by the laws of the State of Florida with respect to arbitration, and such arbitration shall be made a rule of Court; but should condemnation proceedings be resorted to by the city, the petitioner shall have ninety days after the rendition of the judgment to pay into the Court for the use of the defendant the compensation ascertained by the jury before the proceedings shall become null and void, and for good cause, further time not exceeding thirty days may be allowed by the Court, and except as otherwise provided in this section, the City of Tampa, in exercising the right of eminent domain, shall proceed in the manner provided by Chapter 6866 of the Laws of Florida, approved June 5, 1915, being "An Act Authorizing Cities and Towns to Exercise the Right of Eminent Domain, Prescribing the Procedure in Such Cases, and Providing for the Payment for Property so Acquired." If, however, the City Council deems it expedient to build and construct one or more plants for supplying water for municipal use and for the use of its inhabitants without acquiring the property of any other person or corporation engaged in supplying the city and its inhabitants with water, the City Council shall by resolution to be recorded in its Minutes request the Commissioners of Public Works [18]to furnish the City Council with plans and specifications for such a plant or plants and an itemized statement of the approximate cost thereof, including a water supply sufficient for the needs of the city and its inhabitants, and the City Council shall at the same time provide the Commissioners of Public Works* with sufficient funds to enable them to comply with such request, and a certified copy of said resolution shall be delivered to the Chairman of the Commissioners of Public Works* without delay, and within three days thereafter, if it is possible, the Commissioners of Public Works* shall hold a meeting for the purpose of considering and taking action upon said resolution, and it shall be the duty of the Commissioners of Public Works* to take such action as will enable them within sixty days from their first meeting as herein provided to comply with the request of the City Council as set forth in said resolution. (Laws of Fla. 1887, Ch. 3779, § 62; Laws of Fla. 1919, Ch. 8364, § 14; Compiled Charter 1958, § 772)

Tampa Related Laws, art. XXI, § 21.05 [Appropriation of overflowed lands contiguous of water supply dam.]

Sec. 21.05. - [Appropriation of overflowed lands contiguous of water supply dam.] [(A)] That the City of Tampa, a municipal corporation, be and it is hereby authorized and empowered to appropriate for the use of its Water Department in supplying its inhabitants and the inhabitants of surrounding territory with water such lands of private owners as shall or may be overflowed or flooded by the construction by said City of a dam across the Hillsborough River in Hillsborough County, Florida, for the purpose of impounding the waters of said Hillsborough River, and may appropriate any land lying contiguous to said river necessary for the preservation or protection of the waters thereof from diversion or contamination, upon making due compensation according to law to such private owners. [(B)] That for said purposes the right and power of eminent domain be and the same is hereby granted to the City of Tampa, and in the exercise of such right the absolute fee simple title to all property so taken and acquired shall vest in said City of Tampa, unless said City seeks to condemn a particular right or estate in such property. [(C)] That in addition and as supplemental to the right of eminent domain herein granted and conferred upon the City of Tampa said City shall have and is hereby given the right, power and authority to take possession and title in advance of final judgment in condemnation proceedings of the lands as to which the power of eminent domain is herein granted to said City, and such right to take possession and title in advance of final judgment in condemnation proceedings shall and may be exercised in the same manner and upon like proceedings as those set forth in Chapter 74, Florida Statutes, 1941, governing the taking of property by State and other agencies and Housing Authorities for certain purposes. [(D)] That the right, power and authority conferred upon the City of Tampa under this Act [section] shall be in addition to any right, power and authority conferred by General or Special Laws of the State of Florida under which condemnation proceedings may be conducted, and shall not be construed as limiting, abrogating or modifying any such power or authority. (Laws of Fla. 1945, Ch. 23561, §§ 1—4; Compiled Charter 1958, §§ 786—789)

Tampa Related Laws, art. XXI, § 21.06 [Rates.]

Sec. 21.06. - [Rates.] [(A)] That the City of Tampa, a municipal corporation, be and it is hereby authorized and empowered to fix and collect rates and other charges for the water furnished by the Waterworks System of said City, both within and without the corporate limits of the City of Tampa. [(B)] That such rates and other charges may be fixed by Ordinance of the City of Tampa and such decrease or increase in rates and other charges for the water furnished by said Waterworks System may be made without the submission thereof to the voters of the City of Tampa at an election called for that purpose. (Laws of Fla. 1945, Ch. 23566, §§ 1, 2; Compiled Charter 1958, §§ 790, 791)

Tampa Related Laws, art. XXI, § 21.07 [Enlargement, improvement and extension.]

Sec. 21.07. - [Enlargement, improvement and extension.] [(A)] The City of Tampa, Florida, is hereby authorized and empowered: (a) to construct enlargements, improvements and extensions of the waterworks system of the City, either within or without or partly within and partly without the corporate limits of the City, including the acquisition of any privately owned waterworks system now serving any portion of the City and territory adjacent thereto, either by purchase or by the exercise of the power of eminent domain, under the provisions of any general or special law applicable to the City of Tampa, and such power of eminent domain may be exercised both as to those portions of said private waterworks system lying within the corporate limits of the City of Tampa, and in territory adjacent thereto outside of said corporate limits; (b) to issue negotiable water revenue bonds of the City, payable solely from water revenues, to pay the cost of such construction or acquisition; and (c) to fix and collect rates and other charges for water furnished by the waterworks system of the City including all enlargements, improvements or extensions thereof. [(B)] Water revenue bonds. The Board of Representatives [City Council] of the City of Tampa, or other board or body in which the general legislative powers of the City may at the time be vested, shall have the 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 constructing enlargements, improvements and extensions of the waterworks system of the City and of paying the cost of acquiring any such privately owned waterworks system. The issuance of such water revenue bonds, the maturities and other details thereof, the rights of the holders thereof and the duties of said City and of said Board [Council] in respect of the same shall be governed by the provisions of Chapter 21593, Special Laws of Florida, 1941 [division 2 of this article], as amended, insofar as the same may be applicable. [(C)] Alternative method. This Act [section] 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 [section] notwithstanding and without regard to any limitation prescribed by any other law on the amount of water revenue bonds which may be issued or on the amount of indebtedness which may be incurred by the City, and bonds issued under the provisions of this Act [section] shall not be considered in computing the amount of indebtedness which the City of Tampa may incur under any other law. (Laws of Fla. 1947, Ch. 24929, §§ 1—3; Compiled Charter 1958, §§ 792—794)

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_DIV1GEFetched: 10/28/2026