180.04 Ordinance or resolution authorizing construction or extension of utility; election.—If after the passage of said resolution the said city council or other legislative body, by whatever name known, shall determine to proceed toward the construction of said utility, but not earlier than 40 days after the passage of said ordinance or resolution, the said city council or other legislative body, by whatever name known, shall pass an ordinance or resolution authorizing the construction of the utility or any extension thereof, reciting the purpose and the territory to be included, correcting any errors, remedying any sustained objections, authorizing the issuance of mortgage revenue certificates or debentures to pay for the construction and all other costs of the said utility, and containing all other necessary provisions. All other legislative and administrative functions and proceedings shall be the same as provided for the government of the municipality. The city council or other legislative body, by whatever name known, of the municipality, may adopt and provide for the enforcement of all resolutions and ordinances that may be required for the accomplishment of the purposes of this chapter, and its decision shall be final in determining to construct the utility, or any extension thereof as and where proposed, to promote the public health, safety, and welfare by the accomplishment of the purposes of this chapter; provided, that where any mortgage revenue certificates, debentures, or other evidences of indebtedness shall come within the purview of s. 12, Art. VII of the State Constitution, the same shall be issued only after having been approved by a majority of the votes cast in an election in which a majority of the owners of freeholds not wholly exempt from taxation who are qualified electors residing in such municipality shall participate, pursuant to the provisions of ss. 100.201-100.221, 100.241, 100.261-100.341, and 100.351.
History.—s. 1, ch. 17118, 1935; CGL 1936 Supp. 3100(6); s. 15, ch. 69-216; s. 64, ch. 77-175.
...Section 180.03, Florida Statutes (1991), reads in part: (1) When it is proposed to exercise the powers granted by this chapter, a resolution or ordinance shall be passed by the city council ... reciting the utility to be constructed or extended and its purpose ... Section 180.04, Florida Statutes (1991), reads in part: If after the passage of said resolution the said city council ......
...o be issued to finance the project, the cost thereof, and such other provisions as may be deemed necessary.” § 180.03(1), Fla. Stat. A second ordinance or resolution is then required in order to authorize construction or extension of the utility. § 180.04, Fla....
...Because the city did not adhere to Chapter 180, the petition in eminent domain was defective. The present case is distinguishable. Here, the City was condemning property inside its city limits. Therefore, it was not required to adopt resolutions pursuant to sections 180.03 and 180.04, but instead, was permitted to ac *498 quire the Church pursuant to its home rule powers to condemn property located within its boundaries absent an express prohibition....
...relevant provisions. § 180.03(1), Fla. Stat. (1991). An objection to any resolution or ordinance must be filed in writing with the municipality’s governing body and a hearing held within 30 days after its passage. § 180.03(2), Fla. Stat. (1991). Section 180.04, Florida Statutes (1991) sets forth the requirements for passing an ordinance or resolution pertaining to the construction of a utility or ah extension thereof....
