§ 226-36. Powers of county.

That in addition to powers which it may now have, Volusia County shall have power under this act [article]:

(1)

To create, establish, construct, acquire, improve, maintain and operate a waste collection and disposal system within the territorial boundaries of said county, and territory adjacent thereto and to acquire by gift, purchase or the exercise of the right of eminent domain lands or rights in lands, and any other property, real or personal, tangible or intangible, necessary, desirable or convenient for said purposes. The right of eminent domain granted in this section shall be exercised in accordance with the procedures set forth in F.S. chs. 73 and 74.

(2)

To operate and maintain such waste collection and disposal system for its own use and for the use and benefit of its inhabitants and also to operate and maintain such waste collection and disposal system for the use and benefit of persons, firms, corporations, municipalities, political subdivisions, or other public agencies or bodies located within the territorial boundaries of such county or territory adjacent thereto, who shall use the facilities and services of such waste collection and disposal system, and to enter into contracts or agreements for the collection or disposal, or both such collection and disposal of garbage and other waste matter with any such persons, firms, corporations, municipalities, political subdivisions or other public agencies or bodies; provided, however, that said county shall not be authorized to supply the services and facilities of said waste collection and disposal system outside the territorial limits of said county, or within the territorial limits of any municipality, except upon the consent of the governing body of said municipality or of the territory outside the territorial limits of said county evidenced by resolution duly adopted by such governing body.

(3)

To issue its bonds to finance, in whole or in part, the cost of the construction, acquisition or improvement of such waste collection and disposal system. The board of county commissioners, in determining such costs, may include all costs and estimated costs of the issuance of said bonds, all engineering, inspection, fiscal and legal expenses, all costs of preliminary surveys, plans, maps and specifications, interest which it is estimated will accrue during the construction period and one year thereafter on money borrowed, or which it is estimated will be borrowed, pursuant to this act [article], initial reserve funds for debt service, working capital, the costs of the services of agents or persons, corporations, firms, partnerships or associations employed or consultants, advisors, engineers or fiscal, financial or other experts in the planning, preparation, supervision and financing of such waste collection and disposal system. The county is hereby authorized to employ and to enter into agreements or contracts with consultants, advisors, engineers, attorneys or fiscal, financial or other experts for the planning, preparation, supervision and financing of such waste collection and disposal system or any part thereof upon such terms and conditions as to compensation and otherwise as the board of county commissioners shall deem desirable and proper.

(4)

To prescribe, fix, establish and collect fees, rentals or other charges (hereinafter sometimes referred to as "revenues") for the facilities and services furnished by such waste collection and disposal system, or any part thereof, either heretofore or hereafter constructed or acquired on an equitable basis; provided, however, that such fees, rentals or other charges, or any revision thereof, shall be fixed and established by resolution of the board of county commissioners only after notice of a public hearing shall have been published at least once at least ten days prior to such public hearing in a newspaper of general circulation published in said county.

(5)

To pledge to the punctual payment of bonds pursuant to this act [article], and interest thereon, an amount of the revenue derived from the facilities and service of such waste collection and disposal system, including parts thereof theretofore acquired or constructed by said county, and including extensions and improvements thereof thereafter constructed or acquired, sufficient to pay said bonds and the interest thereon as the same shall become due and to create and maintain reasonable reserves therefor, which amount may consist of all or any part of such revenues.

(6)

To pledge as additional security for the payment of any bonds issued pursuant to this act [article] any other funds of said county except moneys derived from ad valorem taxation of real and personal property in said county.

(7)

To enter upon any lands, premises, waters or other property when necessary to carry out the purposes of this act [article].

(8)

To require all lands, buildings and premises in the unincorporated area of said county to use the facilities and services of such waste collection and disposal system in all cases deemed necessary or desirable by the board of county commissioners of said county for the public health and safety of said county and the inhabitants thereof.

(9)

To appropriate and expend from the general revenue fund of the county such amount as is deemed necessary and expedient for the creation and establishment of said waste collection and disposal system; provided any such funds shall be repaid to the general revenue fund out of the proceeds received from any bonds issued and sold pursuant to this act [article].

(10)

To annually appropriate and expend from the general revenue fund of the county such amount as it may deem expedient, not to exceed $10,000.00 in any one fiscal year, for the purpose of paying a portion of the cost and expenses necessary for the maintenance and operation of said waste collection and disposal system.

(11)

To exercise sole and exclusive authority within the unincorporated areas of the county to collect and dispose of garbage and other waste matter, either directly or indirectly, as provided for in this act [article].

(12)

To prohibit or regulate and control within the unincorporated areas of the county all private incineration and disposal of garbage and other waste matter.

(Laws of Fla. ch. 65-2357, § 6)