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Ordinance 2000-082 ORDINANCE NO. 2000- 82 AN ORDINANCE TO BE KNOWN AS THE COLLIER COUNTY PELICAN BAY SERVICES DISTRICT; PROVIDING FOR TITLE AND CITATION; PROVIDING FOR FINDINGS, ASCERTAINMENTS, DETERMINATIONS AND DECLARATIONS; PROVIDING FOR DEFINITIONS; PROVIDING FOR CREATION OF DISTRICT; PROVIDING FOR DISSOLUTION AND TERMINATION OF TAXING AND BENEFIT UNIT AND TRANSFER OF ASSETS TO DEPENDENT DISTRICT; PROVIDING FOR BOARD OF SUPERVISORS, MEMBERS, MEETINGS, GENERAL DUTIES, RELATED MATTERS AND CLERK; PROVIDING FOR GENERAL POWERS; PROVIDING FOR SPECIAL POWERS; PROVIDING FOR BONDING AND BORROWING; PROVIDING FOR TRUST AGREEMENTS; PROVIDING FOR REVENUE; PROVIDING FOR EXPANSION, CONTRACT, MERGER AND DISSOLUTION; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. County and for NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: Title and Citation. This Ordinance shall be known, and may be cited as, the "Collier County Pelican Bay Services District Ordinance". SECTION TWO: Findings, Ascertainments Determinations and Declarations. It is hereby found, ascertained, determined and declared as follows: A, Findings. It is hereby found that: 1. The community known as Pelican Bay is located in the unincorporated area and is now an established, successful, growing and productive community in northwest Collier County and constitutes a source of pride and tax revenue for Collier County and its citizens, the basis for substantial and proven fiscal capacity; ~ .~ ~ 2. Both the County and the Pelican Bay community have experienced and from the use of two historical and consecutive forms of public delivery of b~sic! ~ systems,. facilities, services, improvements and infrastructure projects to the Pelican Bay area as follows: a. first, the independent Pelican Bay Improvement District to plan; construct and maintain the initial basic Pelican Bay infrastructure improvemem:$~ whici~ wa~ created by the Florida Legislature by Special Act and which was n~u~der-~ither the political or budgetary control of the Board of County Commissioners of Collier County and which was terminated by its own terms; and b. currently, the Collier County Board of County Commissioners, with financing through its Pelican Bay Municipal Service Taxing and Benefit Unit (Collier County Ordinance No. 88-23 and Collier County Ordinance No. 90-111), pursuant to which the Board of County Commissioners is the responsible governmental management entity to provide and finance the basic infrastructure improvements. Neither of these two public approaches is optimum for the citizens of Collier the landowners, residents, qualified electors and citizens of Pelican Bay because: a. the Board of County Commissioners of Collier County manages and finances a myriad of countywide functions in order to solve the problems of intensive growth and development which generate increasing needs for services throughout Collier County; b. detailed local management by the Board of County Commissioners, upon advice from an advisory board, with related direct financing through its Benefit and Taxing Unit in "Pelican Bay", is not as direct and accountable an alternative as may be provided by elected supervisors closest to the people and land served. c. An alternative fiscally sound, economic and innovative way is available by which Collier County may maintain and promote its comprehensive planning, land development regulation and general-purpose government responsibilities in the Pelican Bay area but without detailed specialized management. d. There is a need for the landowners, residents, citizens and qualified electors of the Pelican Bay area to benefit from the use of a local special governmental entity which exists for the express, narrow and limited purpose of providing and maintaining basic improvements to the Pelican Bay area without having to go through the various steps required for dealing with an advisory board, the County Manager, the County Attorney, other County staff and individual members of the Board of County Commissioners; e. There is a need in Pelican Bay for more direct, responsive and accountable governance that can coincide with the broad and comprehensive general purpose governmental duties and responsibilities of the County. f. Election of local officials for Pelican Bay promotes innovative and close- to-the-needs responsiveness and accountability, producing a local political imperative to concentrate on one special purpose, the infrastructure needs in Pelican Bay. g. There is no inconsistency between the comprehensive, general purpose and controlling interests of the County and the specialized board, elected by the qualified electors within the Pelican Bay area, to oversee the single purpose of local provision of basic improvements so long as: 1) the special Pelican Bay entity shall have a narrow, single, accountable and highly specialized service delivery responsibility for basic infrastructure; and 2) Collier County may veto the budget of such a responsive locally elected entity; and 3) that all County comprehensive planning, land development regulations and related health, safety and welfare requirements shall be preempted to, and remain exclusively within the jurisdiction and power of, the Board of County Commissioners of Collier County, subject to which the local and specialized service delivery mechanisms would operate; and 4) that comprehensively planned and specialized local provision of the basic infrastructure required by the County at Pelican Bay, at sustained levels of quality, results in substantial property tax revenue by enhancement of property value; and 5) the audit, recorder, custodian and accounting of funds duties of the Collier County Clerk shall continue with regard to a specialized entity for Pelican Bay; and 6) the Collier County Tax Collector collects and enforces any lienable revenue; and 2 7) the use of such a dependent single-purpose District is cost effective, financially sound, economic, innovative and serves the purpose of managing and financing the provision to Pelican Bay of capital systems and facilities and related services consistent with the County comprehensive plan. 4. Collier County government, under Article VIII of the Florida Constitution of 1968, as amended, possesses and exercises power in a home rule political subdivision (whether its County government is a non-charter government under Section l(f) of Article VIII or a charter under Section l(g) of Article VIII) so that in either a non-charter or a charter form of government, the power of the Board of County Commissioners to enact ordinances is, under home rule law, limited only by the requirement that any such ordinance is not inconsistent with general law. 5. General laws with which any Collier County ordinance must not be inconsistent include: a. Chapter 125, Fla. Stat., which provides in pertinent part, especially as to non-charter home rule governments in county political subdivisions, that: 1) its provisions regarding home rule shall not be deemed exclusive or restrictive, section 125.01(3)(a), Fla. Stat.; 2) the powers under this general law shall be deemed to incorporate all implied powers necessary or incident to carrying out such enumerated powers, section 125.01(3)(a), Fla. Stat.; 3) the provisions of section 125.01, Fla. Stat., shall be construed liberally in order to carry out effectively the purpose of this home rule section and in order to secure for the county political subdivisions (through their county governments) the broad exercise of home rule powers authorized by the State Constitution, section 125.01(3)(b), Fla. Stat.; 4) the Board of County Commissioners may establish a dependent District in both the incorporated and unincorporated areas of the County, subject to approval of the municipalities, as applicable (in which event the governing body of such special District will be composed of the members of the Collier County Board of County Commissioners, section 125.01(5)(b), Fla. Stat.); and 5) There is no provision, implied or express, direct or indirect, which limits the Board of County Commissioners of Collier County to establish a dependent District in the unincorporated area only under the terms of Section 125.01(5), Fla. Stat., and that to do so by ordinance is not inconsistent with general law. b. Chapter 189, Fla. Stat., which provides, in pertinent part, further authority and limitations on all home rule county governments, whether charter or non- charter, with regard to special Districts, as follows: 1) That municipal service taxing or benefit units, or both, under section 125.01, Fla. Stat., are not special Districts, section 189.403(1), Fla. Stat., but rather are financing units only, so that management responsibility remains in the Board of County Commissioners; 2) a special District is defined to mean simply a local unit of special purpose, as opposed to general purpose, government with a limited 3 1) 2) 3) boundary that may be created by local ordinance, section 189.403(1), Fla. Stat.; 3) a dependent District means a District that meets one of four general law criteria (governing body membership is identical to that of the board of county commissioners; governing body members are appointed by the board of county commissioners; governing body members are subject to removal by the board of county commissioners during their unexpired terms; or the dependent District has a budget requiring the approval by affirmative vote of the board of county commissioners or may be vetoed by the board of county commissioners), section 189.403(2), Fla. Stat.; 4) A county (whether through charter or non-charter home rule) is authorized by general law to create dependent special Districts within the unincorporated area of the county by ordinance if the ordinance addresses eight requirements (purpose, power, functions and duties; geographic boundary limitations; authority; explanation of why the District is the best alternative; membership, organization, compensation and administrative duties of the governing board; applicable financial disclosure; noticing and reporting requirements; methods for financing; and a declaration that the District's creation is consistent with the Collier County Comprehensive Plan), section 189.4041, Fla. Stat.; c. Chapter 163, Part II, Fla. Stat., Florida's Growth Policy Act, which provides, whether there is a dependent District in the unincorporated area or not, that only Collier County can effect the duties, powers and authorities of general purpose government dealing with comprehensive planning and related land development regulations concerning all development in the area, including the inter-relationship between the County future land use element and the capital improvements element and consistent land development regulations subject to, and in compliance with which, any dependent special District would operate and function; d. The creation and operation of a dependent District in and for Pelican Bay, with an elected board, is compatible with and furthers the County's comprehensive plan, offers a focused and responsive approach to infrastructure provision and is one means available for accountable local delivery (and long term focused sustained quality maintenance) of community development infrastructure in Pelican Bay; therefore, such a single purpose dependent District ordinance is consistent with the County's plan, section 163.3177(10)(a), Fla. Stat. The Collier County Local Government Comprehensive Plan provides in pertinent part for intergovernmental coordination to include: Policy 1.1: planning and communication for levels of service. Policy 1.1.1: joint meetings and service agreements. Policy 1.1.2: growth management liaison and central point of contact. e. Chapter 187, Fla. Stat., the State Comprehensive Plan, which provides in pertinent part: 1) That in order to protect, plan and provide for basic systems, facilities and services to community developments in timely, orderly and efficient manners, it is 4 the policy of this State to identify and to implement innovative but riscally sound and cost effective techniques for financing public facilities; Section 187.201(l)(a)&(b)6, Fla. Stat.; 2) Encourage the development, use and coordination of capital improvements plans by all levels of government, Section 187.201 (l)(a)&(b)7, Fla. Stat.; 3) In order to provide for the amount and quality of services required by the public in a way that is both economical and efficient, it is the policy of Florida to encourage the use of dependent special Districts to provide needed infrastructure where the fiscal capacity exists to support such an approach, Section 187.201(21)(b)3, Fla. Stat.; 4) It is policy to eliminate needless duplication of, and promote cooperation in, governmental activities between, among and within county and governmental units, Section 187.201(21)(b)5, Fla. Stat.; 5) It is policy to encourage joint venture solutions to mutual problems between levels of government as well as private enterprise, Section 187.201(21)(b)13, Fla. Stat.; 6) It is policy to encourage greater cooperation between, among, and within all levels of Florida government through the use of mutual participation for mutual benefit, Section 187.201 (21 )(b) 1, Fla. Stat. 6. Use of such a District in the Pelican Bay area is a fiscally sound, innovative, economic, cost effective infrastructure delivery alternative which is compatible with and furthers the goals of comprehensive planning. B. Ascertainments. It is hereby ascertained, based upon the findings set forth expressly above, which are incorporated herein, that: 1. Neither an independent local special purpose government, a dependent special purpose District with non-elected board members nor County management (with related financing by the County through its MSTBU) is optimum and best for both the citizens of Collier County and the citizens, residents, landowners and qualified electors of the Pelican Bay area; 2. The Board of County Commissioners of Collier County has many major and comprehensive management and financing demands of countywide import so that detailed management by the County, an advisory committee, coordinated with the use of taxpayer funded County staff and attorneys, to focus on the specific management and financing problems of the Pelican Bay area is less accountable, productive and responsive than an elected dependent District board in the immediate area served. 3. There needs to be one responsive, accountable and dependent body politic in and for the Pelican Bay area with its own staff to deal, on a daily basis, with the infrastructure needs of the citizens, landowners, residents and qualified electors of the Pelican Bay area, but in such a manner that the health, safety, welfare, comprehensive planning and !and development regulation authority, power and general purpose home rule power and jurisdiction of Collier County are maintained exclusively; 4. The Constitution and laws of the State of Florida, consistent with, and in promotion of Collier County home rule, provide for a governmental mechanism that promotes local responsiveness while maintaining the health, safety, welfare, comprehensive planning and land development regulation authority, power and jurisdiction of Collier County; 5 5. One such mechanism is creation of a dependent District by non- emergency ordinance of the Board of County Commissioners through its home rule authority, as limited by general law authority, whose board members must be qualified electors and who must be elected by qualified electors of the Pelican Bay area, but whose powers are narrow, limited and specialized so that they must comply with, be subject to and may not function inconsistent with, the health, safety, welfare, budget, comprehensive planning and land development regulation, power, authority and jurisdiction of Collier County. C. Determinations. It is hereby determined, based upon, and incorporating expressly, the findings and ascertainments set forth hereinabove, that: 1. Empirically, and as a basis for public policy, the best alternative way for public management and financing of basic systems, facilities, services, improvement projects and infrastructure to the unincorporated Pelican Bay area is by creation by County Ordinance of a dependent District with a narrow limited and special purpose with an elected board; 2. Creation of such a dependent District constitutes thereby mutual participation in the provision of needed infrastructure and eliminates needless duplication of government services while promoting practical implementation and cooperation with innovative, riscally sound and cost effective management and financing techniques for the County required public facilities; and 3. That the dependent District alternative in Pelican Bay is best because it provides close-to-the-people accountability and responsiveness by having qualified elector members of the board of supervisors of the dependent District elected by qualified electors on a one person one vote basis but subject to all County general purpose plans and regulations; and 4. That the dependent District be subject to, may not function inconsistent with and must comply with the Collier County local government comprehensive plan and all applicable land development regulations and all other budgetary, health, safety and welfare authorities and home rule powers and jurisdiction of Collier County. D. Declarations. It is hereby declared, based upon, and incorporating expressly herein, the findings, ascertainments and determinations hereinabove set forth, that: 1. Policy. It is the policy of this County with regard to the unincorporated Pelican Bay area that: a. It is in the public interest for an innovative, cost effective, non-duplicative, accountable, efficient and responsive way in the Pelican Bay area to coincide the home-rule general power authority and jurisdiction of Collier County with a local dependent public board responsive to, elected by, and consisting of, qualified electors of the Pelican Bay land area to exercise its narrow, limited and special purpose. b. That this specialized dependent District is needed in the public interest for long range and focused management, financing, maintenance, upkeep and operation of those certain basic systems, facilities and services required by Collier County plans and land development regulations as an legitimate alternative mechanism that coincides the needs of the Pelican Bay area with the overall needs of the citizens and taxpayers of Collier County while providing sustained high facility infrastructure to enhance the Collier County tax base. 6 c. That this alternative is economically, financially and fiscally sound, is compatible with and furthers the Collier County Comprehensive Plan and is the best alternative to the Pelican Bay area. 2. Intent. It is the intent of the Board of County Commissioners of Collier County by non-emergency ordinance to create a dependent District with a qualified elector and elected board to carry-out the single, narrow, limited and specialized purpose of planning, implementation, construction, maintenance and provision of basic systems, facilities and services to the Pelican Bay land area, over the long-term, at sustained levels of quality, subject to, not inconsistent and in compliance with the Collier County Comprehensive Plan, consistent applicable land development regulations and with the express provision of the power of veto of the dependent District budget by the Board of County Commissioners of Collier County pursuant to the provisions of this ordinance. 3. Purpose. The single special purpose of the District is the provision of basic infrastructure in and for Pelican Bay. In order to carry out that purpose, the District expressly will have and exercise general and special powers to plan, construct, implement, maintain, finance and manage the provision of street lighting, water management and control, extraordinary law enforcement service and beautification, including but not limited to, beautification of recreation facilities and sidewalk, street and median areas and the maintenance of conservation or preserve areas within the boundary of the District and to that end shall possess all the powers to do all things necessary, reasonable to provide such systems, facilities, services, projects, improvements and basic infrastructure as set forth in the provisions of this Ordinance, subject to asset transfer agreements between the county and the District. 4. Best Alternative. Creation by ordinance of this dependent Pelican Bay Services District, whose board is composed of, and elected by, qualified electors, is the best alternative for both the citizens of Collier County and the citizens, residents, landowners and qualified electors of Pelican Bay because it coincides the benefits of general purpose home rule local government in the form of the Board of County Commissioners with the benefits of pinpointed, focused, narrow, limited, responsive and accountable closest-to-the-people special purpose government in the Pelican Bay area resulting in economies of scale, non-duplication, innovation and full public disclosure and accountability. 5. Consistency with the State Comprehensive Plan and the Collier County Local Government Comprehensive Plan. Creation by non-emergency ordinance by the Pelican Bay Services District with its qualified elector and elected board is consistent affirmatively with the State Comprehensive Plan and with the Collier County Local Government Comprehensive Plan because; a. the goals and policies of the State Plan dealing with public facilities and governmental efficiency are implemented expressly and because this implementation is not inconsistent with any other subject, goal or policy in the State Comprehensive Plan, as set forth expressly hereinabove; b. because the subjects, components and elements of the Collier County Local Government Comprehensive Plan are implemented and because creation of this dependent District by non-emergency ordinance is not inconsistent with and furthers the subjects, components or elements of the Collier County Comprehensive Plan, as set forth and identified expressly herein above. 7 c. the ordinance is compatible with and furthers the goals, policies, elements and components of the Collier County Comprehensive Plan, which is in compliance under State law. 6. Authority of the District: Repeal of the MSTBU. The Authority of the District is section 189.4041(4), Fla. Stat., and section 125.01(3), Fla. Stat.; Collier County Ordinance No. 90-111, as amended, is to be repealed by and under the terms of this Ordinance and the Pelican Bay MSTBU dissolved. 7. Construction of Ordinance. The provisions of this ordinance shall be construed liberally to carry out effectively its findings, ascertainments, determinations, declarations, policy, purpose and intent in order to provide for the interests of the people of Collier County and of Pelican Bay with regard to maintenance and enhancement of public health, safety, welfare and convenience; this ordinance shall be construed as consistent with Chapter 189, Fla. Stat., (the "Uniform Special District Accountability Act of 1989", as amended), Chapter 125, Fla. Stat., and if and as applicable Chapter 286, Fla. Stat., (Florida's Government in the Sunshine Law); Chapter 119, Fla. Stat., (Florida's Public Records Law); Chapter 112, Fla. Stat., (dealing with conflicts of interest and ethical duties of public officials) and others, as these acts may be amended from time to time. Moreover, nothing in this Ordinance shall be construed to affect any actions taken previously by Collier County, or any contracts entered into previously by Collier County for the provision of systems, facilities, services, project improvements, and basic infrastructure to the Pelican Bay area within the boundary of the Pelican Bay Services District. SECTION THREE: Definitions. As used in this Ordinance, the following words, terms and phases shall have the following meanings, unless the context otherwise requires clearly and unambiguously: (1) "Ad valorem bonds" means bonds which are payable from the proceeds of ad valorem taxes levied on real and tangible personal property and which are generally referred to as general obligation bonds. (2) "Assessable improvements" means, without limitation, any and all public improvements and community facilities that the District is empowered to provide in accordance with this Ordinance. (3) "Assessment bonds" means special obligations of the District which are payable solely from proceeds of the special assessments levied for an assessable project. (4) "Board" or "board of supervisors" means the governing board of the District or, if such board has been abolished, the board, body, or commission succeeding to the principal functions thereof or to whom the powers given to the board by this Ordinance have been given by law. (5) "Bond" includes "certificate," and the provisions, which are applicable to bonds, are equally applicable to certificates. The term "bond" includes any general obligation bond, assessment bond, refunding bond, revenue bond, and other such obligation in the nature of a bond as is provided for in this Ordinance, as the case may be. (6) Pelican Bay Services District means the unit of single, narrow and special purpose local government created by County ordinance limited to the performance of those specialized general and special powers and related functions authorized by law and this ordinance, the boundaries of which are contained wholly within the unincorporated area of Collier County, the governing head of 8 which as a body created, organized and constituted and authorized to function as prescribed specifically in this Ordinance for the management and financing of basic systems, facilities, services, projects, improvements and infrastructure to the Pelican Bay area, subject to the general purpose health, safety, welfare comprehensive planning and land development regulation powers of Collier County, created, organized, existing and constituted and authorized duly and legally to function specifically as prescribed in this Ordinance with its special powers, governing body, operation, duration, accountability, disclosure requirements and termination as required by this Ordinance and general law. (7) "Clerk" means the State constitutional county officer Clerk in and for the Collier County political subdivision under section l(d), Article VIII, of the Florida Constitution. (8) "Cost", when used with reference to any project, includes, but is not limited to: (a) The expenses of determining the feasibility or practicability of acquisition, construction, or reconstruction. (b) The cost of surveys, estimates, plans and specifications. (c) The cost of improvements. (d) Engineering, fiscal, and legal expenses and charges. (e) The cost of all labor, materials, machinery and equipment. (f) The cost of all lands, properties, rights, easements and franchises acquired. (g) Financing charges. (h) The creation of initial reserve and debt service funds. (i) Working capital. (j) Interest charges incurred or estimated to be incurred on money borrowed prior to and during construction and acquisition and for such reasonable period of time after completion of construction or acquisition as the board may determine. (k) The cost of issuance of bonds pursuant to this Ordinance, including advertisements and printing. (l) The cost of any election held pursuant to this Ordinance and all other expenses of issuance of bonds. (m) the discount, if any, on the sale or exchange of bonds. (n) Administrative expenses. (o) Such other expenses as my be necessary or incidental to the acquisition, construction, or reconstruction of any project or to the financing thereof, or to the development of any lands within the District. (p) Payments, contributions, dedications and any other exactions required as a condition to receive any government approval or permit necessary to accomplish any District purpose. (9) "District" means the Pelican Bay Dependent District. (10) "District manager" means the manager of the District. (11) "District roads" means highways, streets, roads, alleys, sidewalks, landscaping, storm drains, bridges and thoroughfares of all kinds and descriptions. (12) "Elector" means a qualified elector meaning any person at least eighteen (18) years of age who is a citizen of the United States, a permanent resident of 9 Florida, of Collier County and of the Pelican Bay Services District who registers with the Collier County Supervisor of Elections. (13) "General obligation bonds" means bonds which are secured by, or provide for their payment by, the pledge, in addition to those special taxes levied for their discharge and such other sources as may be provided for their payment or pledged as security under the resolution authorizing their issuance, of the full faith and credit and taxing power of the District and for payment of which recourse may be had against the general funds of the District. (14) "Local general-purpose government" means a county, municipality or consolidated city-county government. (15) "Project" means any development, improvement, property, utility, facility, works, enterprise, or service now existing or hereafter undertaken or established under the provisions of this Ordinance. (16) "Refunding bonds" means bonds issued to refinance outstanding bonds of any type and the interest and redemption premium thereon. Refunding bonds shall be issuable and payable in the same manner as the refinanced bonds, except that no approval by the electorate shall be required unless required by the State Constitution. (17) "Revenue bonds" means obligations of the District which are payable from revenues derived from sources other than ad valorem taxes on real or tangible personal property and which do not pledge the property, credit, or general tax revenue of the District. (18) "General powers" the District shall have such general powers as are provided in this Ordinance in section seven (7) in order to carry out and implement its single, special and narrow purpose. (19) "Special powers" the District shall have such special powers as are provided in this Ordinance in section eight (8) in order to carry out and implement its single, special and narrow purpose. (20) "Purpose" the single, narrow, limited and special purpose of the Pelican Bay Services District shall be and is the delivery of basic systems, facilities, services, projects, improvements and infrastructure to the lands within the boundary and jurisdiction of the Pelican Bay Services District with management and financing powers subject to, in compliance with, and not inconsistent with Collier County Comprehensive Plan and consistent Land Development Regulations and other home rule powers of the County as may be applicable, subject to specific transfer of assets and responsibilities to maintain same. (21) "Property Appraiser" means that State constitutional county officer Property Appraiser in and for the Collier County political subdivision under section 1 (d), Article VIII, of the Florida Constitution. (22) "Tax Collector" means that State constitutional county officer Tax Collector in and for the Collier County political subdivision under section l(d), Article VIII, of the Florida Constitution. SECTION FOUR: Creation of District. A. There is hereby created a board of supervisors of the Pelican Bay Services District consisting of seven (7) member officers which shall exercise its general and special powers as provided in this Ordinance in order to carry out its single, narrow, special and limited purpose of providing basic infrastructure to the lands and property within the boundary and jurisdiction of the Pelican Bay Services District, the legal description and 10 map of such District attached hereto, and incorporated herein, as part of this Ordinance, as Exhibit "A" (legal description by boundary by metes and bounds) and Exhibit "B" (map). B. This District is a dependent District as defined and provided for in section 189.403(2), Fla. Stat. and section 189.4041(4), Fla. Stat. C. The District is not a department under, or of, Collier County as may be defined in th~ Collier County Comprehensive Plan or any related Ordinance. This District is not an independent District and is not a municipal service benefit or taxing unit as defined in Chapter 189, Fla. Stat. D. County Government, the Board of County Commissioners of the Collier County Political Subdivision, may veto the budget of the board of supervisors of the Pelican Bay Services District pursuant to procedures set forth in section six (6). E. The membership of the governing body of said board of supervisors of this District, is to be composed of qualified electors and elected as provided in section six (6) of this Ordinance and the Board of County Commissioners of Collier County shall not constitute the board of this District, shall not appoint any members to the Board of this supervisors of this District and shall not have the power to remove, during an unexpired term, any member of the governing body of this District. This District succeeds pursuant to the provisions in section five (5) of this Ordinance the terminated Pelican Bay Municipal Service Taxing and Benefit Unit and all real and personal property and related assets of the County as agreed to between the county and as financed by the Pelican Bay Municipal Service Taxing and Benefit Unit and related systems, materials and personnel, if any are transferred as provided in section five (5) below to the Pelican Bay Services District as the successor entity upon termination of the Pelican Bay Municipal Service Taxing and Benefit Unit. SECTION FIVE: Dissolution and Termination of the Pelican Bay Municipal Service Taxing and Benefit Unit and Transfer of Real and Personal Property, Systems, Materials and Personnel, to the Pelican Bay Services District. A. Termination and Dissolution. The Pelican Bay Municipal Service Taxing and Benefit Unit Ordinance No. 90-111, as amended, is hereby repealed pursuant to, and under the express authority of section 125.01(1)(q), Fla. Stat., the Pelican Bay Municipal Service Taxing and Benefit Unit is hereby dissolved and abolished on the effective date of this Ordinance subject to the provisions of this section immediately herein below; B. Transfer and Assumption of Assets. Until the initial election and assumption of office of the Board of Supervisors of the District, the Pelican Bay Municipal Service Taxing and Benefit Unit Ordinance, No. 90-111, as amended, remains in effect with the Board of County Commissioners as the ex officio governing body and the Pelican Bay Municipal Service Taxing and Benefit Unit Advisory Committee functioning as per said ordinance. Within 120 days of the effective date of this Ordinance, the Pelican Bay Municipal Service Taxing and Benefit Unit through its governing board, the Board of County Commissioners of Collier County, shall assign and transfer to the Pelican Bay Services District such systems, facilities, services, equipment, materials and personnel currently under the ownership, management, direction and control of the Board of County Commissioners of Collier County for financing by the Pelican Bay Municipal Service Taxing and Benefit Unit, as identified, described, listed and determined in Exhibit "C", 11 attached hereto and incorporated herein by reference, subject to provisions by the Board of County Commissioners of Collier County and the Board of Supervisors of the Pelican Bay Services District by inter local government contract for the audit, transfer and acceptance of these properties and assets. SECTION SIX: Board of Supervisors; Members; Meetings; General Duties; and Related Matters; Clerk. A. Members. The governing body of the District shall be a seven (7) member Board of Supervisors subject to the following provisions: 1. Each of seven (7) elected Board members shall be a qualified elector as defined in this Ordinance elected by the qualified electors within the District as follows: 2. The term of each of the seven (7) elected Board members shall be four (4) years and until a successor is provided, not to exceed two (2) consecutive four (4) year terms. 3. Within one hundred eighty (180) days following the effective date of the Ordinance creating this District, an election shall be noticed and held in conjunction with a primary or general election (unless the District bears the cost of special election) and this election and its notice shall be pursuant to law and coordinated with the Supervisor of Elections in and for the Collier County Political Subdivision. 4. At the election, the three (3) candidates for board members receiving the highest number of votes shall be elected for a period of four (4) years and the four (4) candidates for board members receiving the next largest number shall be elected for a period of two (2) years. If all winning candidates receive the same number of votes, then the differentiation of members with four (4) year and three (3) year terms shall be based on alphabetical order. There shall be an election of board of supervisor members two years thereafter in November on a date established by the Board (or as determined by the Supervisor of Elections of Collier County if the board fails to establish such a date), at which time the three board member officers whose terms were for two years shall be elected to a four year term. Thereafter, elections shall be held every two years for the alternating group of board member officers for a term of four (4) years. 5. All elections for seven (7) board members by qualified electors shall be held pursuant to this Ordinance and shall be conducted in the manner prescribed by law for holding general elections and candidates seeking election to office under this provision shall conduct their campaigns in accordance with the provisions of Chapter 106. The candidate shall file petitions and take the oath required in section 99.021 with the Supervisor of Elections in and for Collier County. The Supervisor of Elections in and for Collier County shall appoint the Inspectors and Clerks of Elections, prepare and furnish the ballots, designate polling places and canvass the returns of the election of Board members by qualified electors and the Board of County Commissioners shall declare and certify the results of the election. Members of the Board of Supervisors, upon entering into office, shall take and subscribe to the oath of office as prescribed by section 876.05, Fla. Stat., and shall hold office for the terms for which they were elected or appointed and until their successors are chosen and qualified as provided herein. 6. A majority of the members of the Board (a majority of all seven (7) members) constitutes a quorum for the purposes of conducting its business and for exercising its powers and for all other purposes under law and this ordinance. Action taken by the District Board shall be upon a vote of a majority of the members present unless general law or a rule of the District requires a greater number. B. Meetings; General Duties; and Related Matters. 12 1. As soon as practicable after each election and related appointment, the Board shall organize by electing one of its members as chair and by electing a secretary who need not be a member of the Board and by determining such other officers as the Board may deem necessary, except that the appointed board member shall not be elected and shall not serve as chair. The Clerk in and for the Collier County political subdivision shall serve as, and provide services for, audit, recorder, custodian and accountant of funds. 2. The Board shall keep a permanent record book entitled the record of proceedings of the Pelican Bay Services District and which shall be recorded minutes of all meetings, resolutions, proceedings, certificates, bonds given by all employees and any and all corporate acts as a special single purpose local government of Florida. The record book shall at reasonable times be opened to inspection in the same manner as state, county and municipal records pursuant to Chapter 119, Fla. Stat. 3. The record book shall be kept at the office or other regular place of business maintained by the Board in Collier County in the Pelican Bay area. 4. Each Supervisor may be entitled to receive for his or her services an amount not to exceed $200 dollars per regular meeting of the Board of Supervisors not to exceed $2,400 dollars per year per supervisor or an amount established by the qualified electors at referendum; in addition, each supervisor shall receive travel and per diem expenses as set forth in section 112.061, Fla. Stat. 5. Board of Supervisors general duties. a. All meetings of the Board shall be open to the public and governed by the provisions of Chapter 286, Fla. Stat. b. The Board shall employ or contract with an independent contractor, and fix the compensation of, a District manager. The District manager shall have charge and supervision of the works of the District and shall be responsible for preserving and maintaining any improvement or facility constructed or erected pursuant to the provisions of this Ordinance, for maintaining and operating the equipment owned by the District, and for performing such other duties as may be prescribed by the Board. The District manager may hire or otherwise employ and terminate the employment of such other persons, including, without limitation, professional, supervisory and clerical employees, as may be necessary and authorized by the Board. The compensation and other conditions of employment of the officers and employees of the District shall be as provided by the Board. c. The Board may designate a person who is a resident of the state as treasurer of the District, who shall have charge of the funds of the District. Such funds shall be disbursed only upon the order, or pursuant to the resolution, of the Board by warrant or check countersigned by the treasurer and by such other person as may be authorized by the Board. The Board may give the treasurer such other or additional powers and duties as the Board may deem appropriate and may fix his or her compensation. The Board may require the treasurer to give a bond in such amount, on such terms, and with such sureties as may be deemed satisfactory to the Board to secure the performance by the treasurer of his or her powers and duties. The financial records of the Board shall be audited by an independent certified public accountant at least once a year. d. In the absence of a designated treasurer the chairman shall assume the responsibility of the treasurer as defined herein. The Board is authorized to select as a depository for its funds any qualified public depository as defined in section 13 280.02, Fla. Stat., which meets all the requirements of Chapter 280, Fla. Stat., and has been designated by the Treasurer as a qualified public depository, upon such terms and conditions as to the payment of interest by such depository upon the funds so deposited as the Board may deem just and reasonable. e. Exercise all the powers necessary, convenient, incidental or proper in connection with any general or special power, duty, function or to implement the purpose of the Pelican Bay Services District as specified in this Ordinance. f. Neither the District nor its Board of Supervisors shall at any time, directly or indirectly, take action that is not in compliance with, not subject to or that is inconsistent with any applicable Collier County Comprehensive Plan and any related land development regulation or ordinance, any regulation adopted by the Board of County Commissioners of Collier County or any regulation of any other governmental entity having power to adopt regulations that are superior to the Pelican Bay Services District. g. Annually the board of supervisors of the Pelican Bay Services District, prior to the official budget hearing of both Collier County and the District, shall provide an annual report to the County on activities and operations for the proceeding fiscal year and for the next immediate fiscal year to the Board of County Commissioners of Collier County no later than the 1st day of January of each calendar year. h. Members of the Board of Supervisors of the Pelican Bay Dependent District may communicate with employees, officers, agents or consultants under the direct or indirect supervision of the District manager or with professional services providers and consultants, for the purpose of inquiry or information, except for the District general counsel shall answer to and serve at the pleasure of the majority of the Board of Supervisors of the District. Except for purpose of inquiry or information, no member of the Board of Supervisors shall give directions to, or shall interfere with, any employee, officer, agent or with any professional service provider, other than the District general counsel, under the direct or indirect supervision of the executive director. 6. Each board member shall at a noticed meeting subscribe to and file all oaths and reports required by law including oath of office, canvassing election results and public officer's financial disclosure. C. Budget; Reports and Reviews; County and Clerk Review; Collier County Veto. 1. The District shall provide financial reports in such form and such manner as prescribed pursuant to this chapter and chapter 218, Fla. Stat. 2. Budget matters. a. On or before each July 15, the District manager shall prepare a proposed budget for the ensuing fiscal year to be submitted to the Board for Board approval. The proposed budget shall include at the direction of the Board an estimate of all necessary expenditures of the District for the ensuing fiscal year and an estimate of income to the District from the taxes and assessments provided in this Ordinance. The Board shall consider the proposed budget item by item and may either approve the budget as proposed by the District manager or modify the same in part or in whole. The Board shall indicate its approval of the budget by resolution, which resolution shall provide for a hearing on the budget as approved. Notice of the hearing on the budget shall be published in a newspaper 14 of general circulation in the area of the District once a week for two (2) consecutive weeks, except that the first publication shall be not fewer than 15 days prior to the date of the hearing. The notice shall contain further a designation of the day, time, and place of the public hearing. At the time and place designated in the notice, the Board shall hear all objections to the budget as proposed and may make such changes as the Board deems necessary. At the conclusion of the budget hearing, the Board shall, by resolution, adopt the budget as finally approved by the Board. The budget shall be adopted prior to October 1 of each year. b. At least sixty (60) days prior to adoption, the District Board shall submit to the Collier County Manager and Clerk for the purpose of disclosure information, the proposed annual budget for the ensuing fiscal year and any proposed long-term financial plan or program of the District for future operations. c. The Collier County Manager and Clerk shall review the proposed annual budget and any long-term financial plan or program and may submit written comments to the Board of Supervisors of the District for its assistance and information in adopting its annual budget and long-term financial plan or program. d. Upon receipt and review of the written consent of the County Manager and Clerk, if any, and after being apprised as of the date of the hearing, the Board shall adopt its budget and submit within three (3) days a copy as approved to the Chair of the Board of County Commissioners of Collier County. Collier County shall have thirty (30) days from receipt to veto by written letter to the District Chair any line item(s) of the District Budget. The veto shall remain in effect unless the County and District work out a written solution, adopted by both boards within sixty (60) days of the written veto. D. Clerk. The Clerk to the Board of County Commissioners for Collier County shall serve as Clerk to the District. The District shall annually budget and reimburse the Clerk as necessary for the cost of all services and materials supplied to the District in acting as Clerk to the District. In such capacity, the Clerk shall serve as auditor, recorder and custodian of all District funds and shall keep such records and file such reports as required by law pertaining thereto. The District shall organize its own financial records to facilitate day-to-day operations. The District shall provide financial records in such form and in such manner as prescribed pursuant to Chapter 218, Fla. Stat., as applicable, and by the administrative code adopted hereunder. SECTION SEVEN: General Powers. The District shall have, and the Board may exercise, the following powers: A. To sue and be sued in the name of the District; to adopt and use a seal and authorize the use of a facsimile thereof; to acquire, by purchase, gift, devise, or otherwise, and to dispose of, real and personal property, or any estate therein; and to make and execute contracts and other instruments necessary or convenient to the exercise of its powers. B. To apply for coverage of its employees under the state retirement system in the same manner as if such employees were state employees, subject to necessary action by the District to pay employer contributions into the state retirement fund. C. To contract for the services of consultants to perform planning, engineering, legal, or other appropriate services of a professional nature. Such contracts shall be subject to public bidding or competitive negotiation requirements as set forth in general law. 15 D. To borrow money and accept gifts; to apply for and use grants or loans of money or other property from the United States, the state, a unit of local government, or any person for any District purposes and enter into agreements required in connection therewith; and to hold, use and dispose of such moneys or property for any District purposes in accordance with the terms of the gift, grant, loan, or agreement relating thereto. E. To adopt rules and orders pursuant to the provisions of Chapter 120 prescribing the powers, duties, and functions of the officers of the District; the conduct of the business of the District; the maintenance of records subject to the approval of the County Clerk which shall not be withheld unreasonably; and the form of certificates evidencing tax liens and all other documents and records of the District. The Board may also adopt administrative rules with respect to any of the projects of the District and define the area to be included therein. The Board may also adopt resolutions which may be necessary for the conduct of District business. F. To maintain an office at such place or places as it may designate within its boundaries which office must be reasonably accessible to the residents. G. To hold, control, and acquire by donation, purchase, or condemnation, or dispose of, any public easements, dedications to public use, platted reservations for public purposes, or any reservations for those purposes authorized by this Ordinance and to make use of such easements, dedications, or reservations for any of the purposes authorized by this Ordinance. H. To lease as lessor or lessee to or from any person, firm, corporation, association, or body, public or private, any projects of the type that the District is authorized to undertake and facilities or property of any nature for the use of the District to carry out any of the purposes authorized by this Ordinance. I. To borrow money and issue bonds, certificates, warrants, notes or other evidence of indebtedness as hereinafter provided; to levy such tax and non-ad valorem assessments or special assessments as may be authorized; and to charge, collect, and enforce fees and other use charges. J. To raise, by user charges or fees authorized by resolution of the Board, amounts of money which are necessary for the conduct of the District activities and services and to enforce their receipt and collection in the manner prescribed by resolution not inconsistent with law. K. To exercise within the District, or beyond the District with prior approval by resolution of the governing body of the county if the taking will occur in an unincorporated area or with prior approval by resolution of the governing body of the municipality if the taking will occur within a municipality, the right and power of eminent domain, pursuant to the provisions of Chapters 73 and 74, Fla. Stat., over any property within the state, except municipal, county, state, and federal property, for the uses and purposes of the District relating solely to water, sewer, District roads, and water management, specifically including, without limitation, the power for the taking of easements for the drainage of the land of one person over and through the land of another. L. To cooperate with, or contract with, other governmental agencies as may be necessary, convenient, incidental, or proper in connection with any of the powers, duties, or purposes authorized by this Ordinance. M. To assess and impose upon lands in the District ad valorem taxes as provided by' this Ordinance. 16 N. To determine, order, levy, impose, collect, and enforce non-ad valorem special assessments or special assessments pursuant to this Ordinance and Chapter 170. Such special assessments may, in the discretion of the District, be collected and enforced pursuant to the provision of sections 197.3631, 197.3632, and 197.3635, Fla. Stat., or Chapter 170, Fla. Stat. O. To exercise all of the powers necessary, convenient, incidental, or proper in connection with any of the powers, duties, or purposes authorized by this Ordinance. P. To exercise such special powers as may be authorized by this Ordinance. SECTION EIGHT: Special Powers. A. The District shall have, and the Board may exercise, subject to confirming county approval, and not inconsistent with, the Collier County Comprehensive Plan, consistent land development regulations and related regulatory jurisdiction and permitting authority of Collier County having authority with respect to the Pelican Bay land area jurisdiction, any or all of the following powers: 1. to finance, fund, plan, establish, acquire, construct or reconstruct, enlarge or extend, equip, operate, and maintain systems, facilities, and basic infrastructures for the following: (a) Water management and control for the lands within the District and to connect some or any of such facilities with roads and bridges. (b) Bridges or culverts that may be needed across any drain, ditch, canal, floodway, holding basin, excavation, public highway, tract, grade, fill, or cut and roadways over levees and embankments, and to construct any and all of such works and improvements across, through, or over any public right-of-way, highway, grade, fill, or cut. (c) District roads equal to or exceeding the specifications of the county in which such District roads are located, and streetlights. (d) Beaches, inlets, conservation areas, mitigation areas, and wildlife habitat, including the maintenance of any plant or animal species, and any related interest in real or personal property. (e) Any other project within or without the boundaries of a District when a local government issued a development order pursuant to section 380.06, Fla. Stat., or section 380.061, Fla. Stat., approving or expressly requiring the construction or funding of the project by the District, or when the project is the subject of an agreement between the District and a state or local governmental entity and is consistent with the Collier County local government Comprehensive Plan and is approved by Collier County. (f) Parks and facilities for indoor and outdoor recreational, cultural and education uses. (g) Security, including, but not limited to, guardhouses, fences and gates, electronic intrusion-detection systems, and patrol cars, when authorized by proper governmental agencies; except that the District may not exercise any police power, but may contract with Collier County agencies for an increased level of such services within the District boundaries. B. To adopt and enforce county or District rules following the procedure and disclosure as set forth below: 1. Rules of procedure adopted pursuant to Chapter 120, Fla. Stat., for local rules, in the form of an administrative code that prescribes the powers, duties and functions of the officers of the authority; the conduct of the business of the 17 authority; the maintenance of records; and the form of other documents and records of the authority; rules, regulations, procedures and requirements necessary for the conduct of the business of the authority; officers and directors liability insurance matters; sovereign immunity matters; procedures for selecting and consultants and purchasing goods and services whether competitive bidding and or consultants competitive negotiations; and related matters; provided however that such rule, code or regulations shall be subordinate to any regulation of the Board of County Commissioners of Collier County which might apply. 2. Rules of disclosure and accountability after which shall include requiring disclosure to purchasers of property that the land is within the jurisdiction of a dependent local government that can levy lienable sources of revenue in addition to ad valorem taxes of the Board of County Commissioners and the school board and special assessments of the Board of County Commissioners and other applicable Districts; providing for disclosure to perspective residents of this same information; providing for ongoing annual disclosure of public financing and maintenance of public facilities to all residents within the District. SECTION NINE: Bonding and Borrowing. Subject to the express written prior approval of the Collier County Board of County Commissioners, the District Board of Supervisors may exercise the following powers to borrow money, and to incur and to issue debt in various types as provided expressly herein below: A. Issuance of Bond Anticipation Notes. In addition to the other powers provided for in this Ordinance, and not in limitation thereof, the District shall have the power, at any time, and from time to time after the issuance of any bonds of the District shall have been authorized, to borrow money for the purposes for which such bonds are to be issued in anticipation of the receipt of the proceeds of the sale of such bonds and to issue bond anticipation notes in a principal sum not in excess of the authorized maximum amount of such bond issue. Such notes shall be in such denomination or denominations, bear interest at such rate as the Board may determine in compliance with section 215.84, Fla. Stat., mature at such time or times not later than five (5) years from the date of issuance, and be in such form and executed in such manner as the Board shall prescribe. Such notes may be sold at either public or private sale or, if such notes shall be renewal notes, may be exchanged for notes then outstanding on such terms as the Board shall determine. Such notes shall be paid from the proceeds or such bonds when issued. The Board may, in its discretion, in lieu of retiring the notes by means of bonds, retire them by means of current revenues or from any taxes or assessments levied for the payment of such bonds; but in such event a like amount of the bonds authorized shall not be issued. B. Short-term Borrowing. The District at any time may obtain loans, in such amount and on such terms and conditions as the Board may approve, for the purpose of paying any of the expenses of the District or any costs incurred or that may be incurred in connection with any of the projects of the District, which loans shall bear such interest as the Board may determine in compliance with section 215.84, Fla. Stat., and may be payable from and secured by a pledge of such funds, revenues, taxes, and assessments as the Board may determine, subject, however, to the provisions contained in any proceeding under which bonds were theretofore issued and are then outstanding. For the purpose of defraying such costs and expenses, the District may issue negotiable notes, warrants or other evidences of debt to be payable at such times, to bear such interest as the Board may determine in compliance with section 215.84, Fla. Stat., and to be sold or discounted at such price or prices not less than ninety-five (95) percent of par value and 18 on such terms as the Board may deem advisable. The Board shall have the right to provide for the payment thereof by pledging the whole or any part of the funds, revenues, taxes and assessments of the District. The approval of the electors residing in the District shall not be necessary except when required by the State Constitution. C. Sale of Bonds. Bonds may be sold in block or installments at different times, or an entire issue or series may be sold at one time. Bonds may be sold at public or private sale after such advertisement, if any, as the Board may deem advisable but not in any event at less than ninety (90) percent of the par value thereof, together with accrued interest thereon. Bonds may be sold or exchanged for refunding bonds. Special assessment and revenue bonds may be delivered by the District as payment of the purchase price of any project or part thereof, or a combination of projects or parts thereof, or as the purchase price or exchange for any property, real, personal, or mixed, including franchises or services rendered by any contractor, engineer, or other person, all at one time or in blocks from time to time, in such manner and upon such terms as the Board in its discretion shall determine. The price or prices for any bonds sold, exchanged, or delivered may be: 1. the money paid for the bonds; 2. the principal amount, plus accrued interest to the date of redemption or exchange, or outstanding obligations exchanged for refunding bonds; and 3. in the case of special assessment or revenue bonds, the amount of any indebtedness to contractors or other persons paid with such bonds, or the fair value of any properties exchanged for the bonds, as determined by the Board. D. Authorization and Form of Bonds. Any general obligation bonds, benefit bonds, or revenue bonds may be authorized by resolution or resolutions of the Board which shall be adopted by a majority of all the members thereof then in office. Such resolution or resolutions may be adopted at the same meeting at which they are introduced and need not be published or posted. The Board may, be resolution, authorize the issuance of bonds and fix the aggregate amount of bonds to be issued; the purpose or purposes for which the moneys derived therefrom shall be expended, including, but not limited to, payment of costs as defined in section 190.003(7), Fla. Stat.; the rate or rates of interest, in compliance with section 215.84; Fla. Stat., the denomination of the bonds; whether or not the bonds are to be issued in one or more series; the date or dates of maturity, which shall not exceed forty (40) years from their respective dates of issuance; the medium of payment; the place or places within or without the state where payment shall be made; registration privileges; redemption terms and privileges, whether with or without premium; the manner of execution; the form of the bonds, including any interest coupons to be attached thereto; the manner of execution of bonds and coupons; and any and all other terms, covenants, and conditions thereof and the establishment of revenue or other funds. Such authorizing resolution or resolutions may further provide for the contracts authorized by section 159.825(1)(0 and (g), Fla. Stat,. regardless of the tax treatment of such bonds being authorized, subject to the finding by the Board of a net saving to the District resulting by reason thereof. Such authorizing resolution may further provide that such bonds may be executed in accordance with the Registered Public Obligations Act, except that bonds not issued in registered form shall be valid if manually countersigned by an officer designated by appropriate resolution of the Board. The seal of the District may be affixed, lithographed, engraved, or otherwise reproduced in facsimile on such bonds. In case any officer whose signature shall appear on any bonds or coupons shall cease to be such officer before the delivery of such bonds, such 19 signature or facsimile shall nevertheless be valid and sufficient for all purposes the same as if he or she had remained in office until such delivery. E. Interim Certificates; Replacement Certificates. Pending the preparation of definitive bonds, the Board may issue interim certificates or receipts or temporary bonds, in such form and with such provisions as the Board may determine, exchangeable for definitive bonds when such bonds have been executed and are available for delivery. The Board may also provide for the replacement of any bonds, which become mutilated, lost, or destroyed. F. Negotiability of Bonds. Any bond issued under this Ordinance or any temporary bond, in the absence of an express recital on the face thereof that it is nonnegotiable, shall be fully negotiable and shall be and constitute a negotiable instrument within the meaning and for all purposes of the law merchant and the laws of the state. G. Defeasance. The Board may make such provision with respect to the defeasance of the right, title and interest of the holders of any of the bonds and obligations of the District in any revenues, funds, or other properties by which such bonds are secured as the Board deems appropriate and, without limitation on the foregoing, may provide that when such bonds or obligations become due and payable or shall have been called for redemption and the whole amount of the principal and interest and premium, if any, due and payable upon the bonds or obligations then outstanding shall be held in trust for such purpose and provision shall also be made for paying all other sums payable in connection with such bonds or other obligations, then and in such event the right, title and interest of the holders of the bonds in any revenues, funds, or other properties by which such bonds are secured shall thereupon cease, terminate, and become void; and the Board may apply any surplus in any sinking fund established in connection with such bonds or obligations and all balances remaining in all other funds or accounts other than money held for the redemption or payment of the bonds or other obligations to any lawful purpose of the District as the Board shall determine. H. Issuance of Additional Bonds. If the proceeds of any bonds are less than the cost of completing the project in connection with which such bonds were issued, the Board may authorize the issuance of additional bonds, upon such terms and conditions as the Board may provide in the resolution authorizing the issuance thereof, but only in compliance with the resolution or other proceedings authorizing the issuance of the original bonds. I. Refunding Bonds. The District may have the power to issue bonds to provide for the retirement or refunding of any bonds or obligations of the District that at the time of such issuance are or subsequently thereto become due and payable, or that at the time of issuance have been called or are or will be subject to call for redemption within ten (10) years thereafter, or the surrender of which can be procured from the holders thereof at prices satisfactory to the Board. Refunding bonds may be issued at any time when in the judgment of the Board such issuance will be advantageous to the District. No approval of the qualified electors residing in the District shall be required for the issuance of refunding bonds except in cases in which such approval is required by the State Constitution. The Board may by resolution confer upon the holders of such refunding bonds all rights, powers, and remedies to which the holders would be entitled if they continued to be the owners and had possession of the bonds for the refinancing of which such refunding bonds are issued, including, but not limited to, the preservation of the lien of such bonds on the revenues of any project or on pledged funds, without extinguishment, impairment, or diminution thereof. The provisions of this Ordinance 20 pertaining to bonds of the District shall, unless the context otherwise requires, govern the issuance of refunding bonds, the form and other details thereof, the rights of the holders thereof, and the duties of the Board with respect to them. J. Revenue Bonds. 1. The District may have the power to issue revenue bonds from time to time without limitation as to amount. Such revenue bonds may be secured by, or payable from, the gross or net pledge of the revenues to be derived from any project or combination of projects; from the rates, fees, or other charges to be collected from the users of any project or projects; from any revenue-producing undertaking or activity of the District; from special assessments; or from any other source or pledged security. Such bonds shall not constitute an indebtedness of the District, and the approval of the qualified electors shall not be required unless such bonds are additionally secured by the full faith and credit and taxing power of the District. 2. Any two or more projects may be combined and consolidated into a single project and may hereafter be operated and maintained as a single project. The revenue bonds authorized herein may be issued to finance any one or more of such projects, regardless of whether or not such projects have been combined and consolidated into a single project. If the Board deems it advisable, the proceedings authorizing such revenue bonds may provide that the District may thereafter combine the projects then being financed or theretofore financed with other projects to be subsequently financed by the District and that revenue bonds to be thereafter issued by the District shall be on parity with the revenue bonds then being issued, all on such terms, conditions, and limitations as shall have been provided in the proceeding which authorized the original bonds. K. General Obligation Bonds. The District may have the power from time to time to issue general obligation bonds to finance or refinance capital projects or to refund outstanding bonds in an aggregate principal amount of bonds outstanding at any one time not as determined by the county. Except for refunding bonds, no general obligation bonds shall be issued unless the bonds are issued to finance or refinance a capital project and the issuance has been approved at an election held in accordance with the requirements for such election as prescribed by the State Constitution. Such elections shall be called to be held in the District by the Board of County Commissioners of the County upon the request of the Board of the District. The expenses of calling and holding an election shall be at the expense of the District, and the District shall reimburse the county for any expenses incurred in calling or holding such election. SECTION TEN: Revenue. The District Board may levy, impose, charge, collect and enforce the following sources of revenue subject to the limitation and procedures set forth herein below. A. Non-lienable service charges and fees. The Board shall have the power to change, enact and impose non-lienable fees and charges to pay for the use of operation of services as provided in subsection K. B. Ad valorem taxes. The elected Board, upon the express written consent of the Board of County Commissioners of Collier County, shall have the power to levy and assess an ad valorem tax on all the taxable property in the District to construct, operate, and maintain assessable improvements; to pay the principal of, and interest on, any general obligation bonds of the District; and to provide for any sinking or other funds 21 established in connection with any such bonds. An ad valorem tax levied by the Board for operating purposes, exclusive of debt service on bonds, shall not exceed 2 mills. The ad valorem tax provided for herein shall be in addition to county and all other ad valorem taxes provided for by law. Such tax shall be assessed, levied, and collected in the same manner and same time as county taxes. The levy of ad valorem taxes shall be approved by referendum when required by the State Constitution. C. Non-Ad Valorem Assessments Including Non~Ad Valorem Special Assessments. The District Board may levy, impose and collect non-ad valorem assessments as herein provided: 1. Benefit Special Assessments. The Board shall annually determine, order, and levy the annual installment of the total benefit special assessments for bonds issued and related expenses to finance District facilities and projects which are levied under this Ordinance. These assessments may be due and collected during each year that county taxes are due and collected, in which case such annual installment and levy shall be evidenced to and certified to the property appraiser by the Board not later than August 31 of each year, and such assessment shall be entered by the property appraiser on the county tax rolls, and shall be collected and enforced by the tax collector in the same manner and at the same time as county taxes, and the proceeds thereof shall be paid to the District. However, this subsection shall not prohibit the District in its discretion from using the method prescribed in either section 197.363 or section 197.3632, Fla. Star. for collecting and enforcing these assessments. These benefit special assessments shall be a lien on the property against which assessed until paid and shall be enforceable in like manner as county taxes. The amount of the assessment for the exercise of the District's powers under this Ordinance shall be determined by the Board based upon a report of the District's engineer and assessed by the Board upon such lands, which may be part or all of the lands within the District benefited by the improvement, apportioned between benefited lands in proportion to the benefits received by each tract of land. 2, Maintenance Special Assessments. To maintain and preserve the facilities and projects of the District, the Board may levy a maintenance special assessment. This assessment may be evidenced to and certified to the Property Appraiser by the Board of Supervisors not later than August 31 of each year and shall be entered by the property appraiser on the county tax rolls and shall be collected and enforced by the tax collector in the same manner and at the same time as county taxes, and the proceeds therefrom shall be paid to the District. However, this subsection shall not prohibit the District in its discretion from using the method prescribed in either section 197.363 or section 197.3632, Fla. Stat., for collecting and enforcing these assessments. These maintenance special assessments shall be a lien on the property against which assessed until paid and shall be enforceable in like manner as county taxes. The amount of the maintenance special assessment for the exercise of the District's powers under this Ordinance shall be determined by the Board based upon a report of the district's engineer and assessed by the Board upon such lands, which may be all of the lands within the District benefited by the maintenance thereof, apportioned between the benefited lands in proportion to the benefits received by each tract of land. 3. Non-Ad Valorem Assessments or Non-Ad Valorem Special Assessments. The Board may levy non-ad valorem assessments, non-ad valorem special assessments or special assessments for the construction, reconstruction, acquisition, or maintenance of District facilities authorized under this chapter using the procedures for levy and collection provided in Chapter 170 and Chapter 197, Fla. Stat. 22 4. Status; Liens; Collection. Benefit special assessments, maintenance special assessments and special assessments are non-ad valorem assessments as defined in section 197.3632, Fla. Stat. Benefit special assessments, maintenance special assessments and special assessments authorized under this ordinance shall constitute a lien on the property against which assessed from the date of imposition thereof until paid, coequai with the lien of state, county, municipal and school board taxes. These non-ad valorem assessments may be collected, at the discretion of the District, by the Tax Collector in and for Collier County pursuant to the provisions of sections 197.3631, Fla. Stat., section 197.3632, Fla. Stat., and section 197.3635, Fla. Stat., or in accordance with other collection measures provided by law. D. Enforcement of Taxes, The collection and enforcement of all taxes levied by the District shall be at the same time and in like manner as county taxes, and the provisions of the Florida Statutes relating to the sale of lands for unpaid and delinquent county taxes; the issuance, sale and delivery of tax certificates for such unpaid and delinquent county taxes; the redemption thereof; the issuance of individuals of tax deeds based thereon; and all other procedures in connection therewith shall be applicable to the District to the same extent as if such statutory provisions were expressly set forth herein. All taxes shall be subject to the same discounts as county taxes. E. When Unpaid Tax is Delinquent and Penalty. All taxes provided for in this Ordinance shall become delinquent and bear penalties on the amount of such taxes in the same manner as county taxes. F. Tax Exemption, The District must, for any bond issue, and upon the advice of its bond counsel, determine if all bonds issued hereunder and interest paid thereon and all fees, charges and other revenues derived by the District from the projects provided by this Ordinance are exempt from all taxes by the state or by any political subdivision, agency or instrumentality thereof. G. Transitions Provisions. Nothing in this Ordinance shall be deemed to affect any non-ad valorem assessment, ad valorem tax or other lienable levy by the Board of County Commissioners of Collier County as the governing body of the Collier County Municipal Service Taxing and Benefit Unit as of November 2000. Nothing in this ordinance shall be construed to affect any tax or assessment pledged by the Board of County Commissioners of Collier County as the governing Board of the Pelican Bay Municipal Service Taxing and Benefit Unit to secure or authorize pursuant to a trust indenture under law and the Board of County Commissioners imposing such a tax or assessment remains authorized under home rule to impose such tax or assessment under the terms required by such trust indenture. H. Tax Liens. All taxes of the District provided for in this Ordinance, together with all penalties for default in the payment of the same and all costs in collecting the same, including a reasonable attorney's fee fixed by the court and taxed as a cost in the action brought to enforce payment, shall, from January I for each year the property is liable to assessment and until paid, constitute a lien of equal dignity with the liens for state and county taxes and other taxes of equal dignity with state and county taxes upon all the lands against which such taxes shall be levied. A sale of any of the real property within the District for state and county or other taxes shall not operate to relieve or release the property so sold from the lien for subsequent District taxes or installments of District taxes, which lien may be enforced against such property as though no such sale thereof had been made. The provisions of sections 194.171, 197122, 197.333 and 197.432, Fla. 23 Stat., shall be applicable to District taxes with the same force and effect as if such provisions were expressly set forth in this Ordinance. I. Payment of Taxes and Redemption of Tax Liens by the District; Sharing in Proceeds of Tax Sale. 1. The District, subject to the express approval of the County may: a. Pay any delinquent state, county, District, municipal or other tax or assessment upon lands located wholly or partially within the boundaries of the District; and b. to redeem or purchase any tax sales certificates issued or sold on account of any state, county, District, municipal or other taxes or assessments upon lands located wholly or partially within the boundaries of the District. 2. Delinquent taxes paid, or tax sales certificates redeemed or purchased, by the District, together with all penalties for the default in payment of the same and all costs in collecting the same and a reasonable attorney's fee, shall constitute a lien in favor of the District of equal dignity with the liens of state and county taxes and other taxes of equal dignity with state and county taxes upon all the real property against which the taxes were levied. The lien of the District may be foreclosed in the manner provided in this Ordinance. 3. In any sale of land pursuant to section 197.542, Fla. Stat., and amendments thereto, the District may certify to the clerk of the circuit court of the county holding such sale the amount of taxes due to the District upon the lands sought to be sold; and the District shall share in the disbursement of the sales proceeds in accordance with the provisions of this Ordinance and under the laws of the state. J. Foreclosure of Liens. Any lien in favor of the District arising under this Ordinance may be foreclosed by the District by foreclosure proceedings in the name of the District in a court of competent jurisdiction as provided by general law in like manner as is provided in Chapter 173, Fla. Stat. and amendments thereto; the provisions were expressly set forth in this Ordinance. Any act required or authorized to be done by or on behalf of a municipality in foreclosure proceedings under Chapter 173, Fla. Stat. may be performed by such officer or agent of the District as the Board of Supervisors may designate. Such foreclosure proceedings may be brought at any time after the expiration of one (1) year from the date any tax, or installment thereof, becomes delinquent; however no lien shall be foreclosed against any political subdivision or agency of the state. Other legal remedies shall remain available. K. Fees, Rentals and Charges; Procedure for Adoption and Modifications; Minimum Revenue Requirements. 1. The District is authorized to prescribe, fix, establish, and collect rates, fees, rentals, or other charges, hereinafter sometimes referred to as "revenues," and to revise the same from time to time, for the facilities and services furnished by the District, within the limits of the District, including, but not limited to, recreational facilities, water management and control facilities to recover the costs of making connection with any District facility of system; and to provide for reasonable penalties against any user or property for any such rates, fees, rentals, or other charges that are delinquent. 2. No such rates, fees, rentals, or other charges for any of the facilities or services of the District shall be fixed until after a public hearing at which all the users of the proposed facility or services or owners, tenants, or occupants served to be served thereby and all other interested persons shall have an opportunity to 24 Lo be heard concerning the proposed rates, fees, rentals, or other charges. Rates, fees, rentals, and other charges shall be adopted under the administrative rulemaking authority of the District, but shall not apply to District leases. Notice of such public hearing setting forth the proposed schedule or schedules of rates, fees, rentals, and other charges shall have been published in a newspaper in the county and of general circulation in the District at least once and at least ten (10) days prior to such public hearing. The rulemaking hearing may be adjourned from time to time. After such hearing, such schedule or schedules, either as initially proposed or as modified or amended, may be finally adopted. A copy of the schedule or schedules of such rates, fees, rentals, or charges as finally adopted shall be kept on file in an office designated by the board and shall be open at all reasonable times to public inspection. The rates, or property served shall be extended to cover any additional users or properties thereafter served which shall fall in the same class, without the necessity of any notice or hearing. 3. Such rates, fees, rentals, and charges shall be just and equitable and uniform for users of the same class, and when appropriate may be based or computed either upon the amount of service furnished, upon the number of average number of persons residing or working in or otherwise occupying the premises served, or upon any other factor affecting the use of the facilities fumished, or upon any combination of the foregoing factors, as may be determined by the board on an equitable basis. 4. The rates, fees, rentals, or other charges prescribed shall be such as will produce revenues, together with any other assessments, taxes, revenues, or funds available or pledged for such purpose, at least sufficient to provide for the items hereinafter listed, but not necessarily in the order stated: a. To provide for all expenses of operation and maintenance of such facility or service; b. to pay when due all bonds and interest thereon for the payment of which such revenues are, or shall have been, pledged or encumbered, including reserves for such purpose; and c. To provide for any other funds which may be required under the resolution or resolutions authorizing the issuance of bonds pursuant to this Ordinance. 5. The Board shall have the power to enter into contracts for the use of the projects of the District and with respect to the services and facilities furnished or to be furnished by the District. Recovery of Delinquent Charges, In the event that any rates, fees, rentals, charges, or delinquent penalties shall not be paid as and when due and shall be in default for sixty (60) days or more, the unpaid balance thereof and all interest accrued thereon, together with reasonable attorney's fees and costs, may be recovered by the District in a civil action. SECTION ELEVEN: Expansion; Contraction; Merger; Dissolution. Only the Board of County Commissioners of Collier County, by non-emergency. ordinance, can contract or expand the boundaries and jurisdiction of this District, merge it with any other governmental entity under control of the County or and dissolve the District. In no event shall the District merge any other unit of government without the prior consent of the Board of County Commissioners of Collier County. If this District is dissolved and its charter 25 revoked by non-emergency ordinance by the Board of County Commissioners of Collier County which is the unilateral right of the Board of County Commissioners of Collier County, such action dissolving the District shall occur only at such time as (a) legal and equitable rights, powers and interests of each and every landholder are maintained and inviolate and are expected reasonably to remain inviolate so long as they exist in law and equity and (b) a dissolution plan is noticed and adopted by the Board and incorporation in the dissolution ordinance. Dissolution of the District shall transfer automatically to Collier County, in the Board of County Commissioners, title to all property leased or signed to the District along with all other property and interest in property otherwise acquired by the District. Collier County shall assume all indebtedness of the District unless provided otherwise in the dissolution plan adopted by the Board of County Commissioners of Collier County attached to it and incorporated in the ordinance of dissolution. SECTION TWELVE: Conflict and Severability. In the event that this ordinance conflicts with any other ordinance of Collier County, the more restrictive ordinance shall apply except as provided specifically herein, or as provided specifically in the administrative code with regard to the Collier County purchasing policy and or the Collier County human resources policies and procedures. If any section, phrase, sentence or portion of. this Ordinance is for any reason held invalid or Unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holdings shall not affect the validity of the remaining portions thereof. SECTION THIRTEEN: Effective Date. This Ordinance shall become effective upon receipt of acknowledgment from the Secretary of State that this Ordinance has been filed with the Secretary of State of Florida. Passed and adopted duly by the Board of County Commissioners of Collier County, Florida, this ~ day of ,.. ,"~A~ES'T::~ """4;,' 7,D~I~'~F&~BROCK, Clerk . - ~ 'Approved as ~to fo~ and legal sufficiency: c. County H:/David/December 6-20000 Pelican Bay Ordinance 2000. BOARD OF COUNTY COMMISSIONERS By: ~'/~'~~?'"~ ' - James D. ~'arter, Ph.D., Chairman This ordinance filed with the S~tary of' S~j~t_~s Office the and acknowledgement of that 26 EXHIBIT A The Pelican Bay Services District is comprised of and includes those lands described as follows: A tract of land being in portions of Sections 32 and 33, Township 48 South, Range 25 East; together with portions of Sections 4, 5, 8 and 9, Township 49 South, Range 25 East, Collier County, Florida, being one and the same as the lands encompassed by the Pelican Bay Improvement District, the .perimeter boundary of same more particularly described as follows: Commencing at the Southeast corner of said Section 33; thence South 89 degrees 59 minutes 50 seconds West along the South line of Section 33 a distance of 150.02 feet to a point on the West right-of-way line of U.S. 41 (State Road 45), said point also being the Point of Beginning; thence Southerly along t~e West right-of-way line of said U.S. 41 (State Road 45) the following courses: South 00 degrees 58 minutes 36 seconds East a distance of 2.49 feet; thence South 00 degrees 55 minutes 41 seconds East a distance of 3218.29 feet; thence South 01 degrees 00 minutes 29 seconds East a distance of 3218.56 feet; thence South 00 degrees 59 minutes 03 seconds East a distance of 2626.21 feet; thence South O1 degrees 00 minutes 18 seconds East a distance of 2555.75 feet to a point on the North right-of-way line of Pine Road as recorded in D.B. 50, Page 490, among the Public Records of said Collier County; thence departing said U.S. 41 (State Road 45) South 89 degrees 09 minutes 45 seconds West along said North right-of-way line a distance o~ 2662.61 feet; thence South 00 degrees 51 minutes 44 seconds East a distance of 70.00 feet to a point on the North line of Seagate Unit i as recorded in Plat Book 3, Page 85 among said Public Records; thence South 89 degrees 09 minutes 45 seconds West along said North line of Seagate Unit I and the South line of said Section 9 a distance of 2496.67 feet to the Southwest corner of said Section 9; thence continue South 89 degrees 09 minutes 45 seconds West a distance of 225 feet more or less to a point on the mean high water line established May 15, 1968; thence a Northwesterly direction along said mean high water line a distance 15716 feet more or less; thence de~rting said mean high water line South 80 degrees 29 minutes 30 seconds East and along the Southerly line of Vanderbilt Beach Road (State Road 862) as recorded in D.B.. 15,-Page 121 among said Public Records 'a distance of 7385 feet more or less to'a point on said West right-of-way line of U.S. 41 (State Road 45); thence South 00 degrees 58 minutes 36 seconds East along said West right-of-way line a distance of 2574.36 feet to the Point of Beginning. ".,.'.- C~lton o~el HERON I~01NT STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE NO. 2000-82 Which was adopted by the Board of County Commissio~s ~-~ the 28th day of November, 2000, during Regular Session. :~ ~ WITNESS my hand and the official seal of the Boar~ Of ?': County Commissioners of Collier County, Florida, this 7~a~n of Dece~er, 2000 DWIGHT E R CK · B 0 Clerk of Courts and Ex-off~cmo to Board county comm~ssloner~ By: ~11ie Hoffman, Deputy Clerk