Resolution 1988-021
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,o~ 110 w.~ 744
RESOLUTION NO. 88-~
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RESOLUTION APPROVING A PROPOSED SPECIAL
ACT TO RE-ESTABLISH THE COLLIER COUNTY
WATER-SEWER DISTRICT; PROVIDING A
SUPPLEMENT TO CHAPTER 78-489, LAWS OF
FLORIDA; AND ENLARGING THE COLLIER COUNTY
WATER-SEWER DISTRICT BOUNDARIES.
WHEREAS, the Board of County Commissioners of Collier
County, Florida, deems it to be in the best interest of the
citizens of Collier County, Florida, to re-establish and enlarge
the Collier County Water-Sewer District boundaries.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
1) The proposed Special Act attached as Exhibit "A" is
hereby approved.
2) The Staff is hereby directed to send the attached
proposed Special Act to the Legislative Delegation for
consideration during the 1988 Legislative Session.
This Resolution adopted after motion, second and roll call
vote as follows:
Commissioner G:xx1night
l-btioned an::i aye
Commissioner Hasse
Seconded arrl aye
Commissioner Pister
Aye
Commissioner Saunders
Aye
Commissioner Glass
Aye
DATED: January 12, 1988
ATTEST:
JAMES C. GILES, Clerk
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.~, Approved - ~s t .-~orm and
l~gal sUfficiency:
~~MI~f ~'-
R. Bruce Anderson
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
/1 //~ ~
By: u.- ~
Aru~OLD LEE GLASS, Chairman
Jl~[\] 1 ~2 1928
AN ACT RELATING TO COLLIER COUNTY AND THE COLLIER
COUNTY WATER-SEWER DISTRICT; PROVIDING FOR LEGISLATIVE
INTENT; RE-ESTABLISHING THE COLLIER COUNTY WATER-SEWER
DISTRICT AND PROVIDING A SUPPLE!~NT TO CHAPTER 78-489,
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LAWS OF FLORIDA, RELATING TO THE COUNTY WATER-SEWER
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DISTRICT OF COLLIER COUNTY; PROVIDING FOR JURISDICTION,
RESTRICTIONS AND BOUNDARIES AS APPLIED TO THE CITY OF
NAPLES, EVERGLADES CITY, PELICAN BAY IMPROVEMENT
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DISTRICT, IMMOKALEE WATER AND SEWER DISTRICT AND OTHER
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UNINCORPORATED AREAS; PROVIDING DEFINITIONS; PROVIDING
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FOR POWERS AND DUTIES OF DISTRICT BOARD; PROVIDING FOR
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ADOPTION OF RATES, FEES AND OTHER CHARGES; PROVIDING
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FOR ISSU~~CE OF BONDS; PROVIDING FOR TRUST FUNDS AND
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TRUSTEES; PROVIDING FOR COVENANTS OF DISTRICT BOARD
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WITH BONDHOLDERS; PROVIDING THAT UNPAID FEES CONSTITUTE
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A LIEN; PROVIDING FOR PUBLICATION OF NOTICE OF ISSUANCE
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OF BONDS; PROVIDING THAT BONDS SHALL HAVE THE QUALITIES
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OF NEGOTIABLE INSTRUMENTS AND FOR THE RIGHTS OF
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HOLDERS; PROVIDING FOR ANNUAL REPORTS OF THE DISTRICT
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BOARD; PROVIDING THAT DISTRICT PROPERTY IS EXEMPT FROM
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TAXATION; PROVIDING FOR DISTRICT BONDS AS SECURITIES
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FOR PUBLIC BODIES; PROVIDING FOR BONDS AS PAYMENT FOR
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SERVICES; PROVIDING FOR CONTRACTS FOR CONSTRUCTION OF
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IMPROVEMENTS AND SEALED BIDS; PROVIDING FOR SPECIAL
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ASSESSMENTS; PROHIBITING FREE WATER AND SEWER SERVICES;
PROVIDING FOR SYSTE!1 DEVELOPMENT CHARGES; PROVIDING
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FOR CONVEYANCr: OF PROPERTY WITHOUT CONSIDERATION;
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PROVIDING FOR DISTRICT APPROVAL OF CONSTRUCTION OF
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WATER AND SEWAGE FACILITIES; PROVIDING FOR CONSTRUCTION
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OF LAW; PROVIDING FOR PENALTIES AND ENFORCEMENT;
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PROVIDING AN EFFECTIVE DATE.
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WHEREAS, the Legislature has adopted growth management
2 legiaLltion which requires 10cal government:! to plan for and
provide for capital infrastructure facilities such as water and
sewer systemsj and
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WHEREAS, the Legislature ""courages 10cal governments to
fin.nc~ such capital infrastructure facilities with impact fees
~nd user fees r^thcr than ~d valor~m t~xC5j and
WHEREAS, Collier County (the Naples Hetropolitan StatisticaL
9 Area) was designated by the United States Censu~ Bureau as the
10 fastest growing area in the United States for the years
11 1980-1985, with a population increase of thirty-six percent and
12 such growth has continued and c,'n reasonably be expected to
13 continue; and
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WHEREAS, it has been the growth mar '~ement policy of the
15 Board of County Commissioners of Collier County as the governing
16 body of Col1ier County and as the governing board of the Collier
17 County Water-Sewer District to require persons to install and
18 operate interim water treatment and/or interim sewage treatment
19 and dis~0sal facilities, when such persons choose to develop
20 lands in advance of the County'~ expansion of its water and sewer
21 systems infrastructure, and to require persons connected to such
22 interim water and sewer facilities to disconnect from such
23 facilities and'connect to the County's water and sewer systems
24 when such systems become available, and to require such persons
25 to pay their proportionate share of the costs of expansion of the
26 County's water and sewer syr.t'ems to provide service to such
27 persons; and
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WHl:REAS, the Board of County Commissioners of Collier County
?q ",~ >"~:,'nrt r1 ans with timetables to provide water and sewer
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30 systems in cerlain portions of the unincorporated areas of the
31 County, and has authorized issuance ot water and sewer utility
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revenue bonds and has received federa 1 and state grants t::>
finance construction of sewer systems as provided in the adopted
planSi llod
WHERE:AS. it 15 the intent of the Legislature in adopting
5 this act to facilitate the growth management policies of the
6 Board of County Commissioners of Collier County regarding water
7 and se''''er capital infrastructure needs so as to preserve the
8 quality of life enjoyed by the citizens of Collier County, NOW,
9 THEREFORE,
10 BE :T ENACTED BY THE LEGISLATURE OF THE STATE OF fLORIDA:
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SECTION .1..
Legislative Intent.
It is declared as a matter of"
13 legislative determination that the extensive growth of population
14 and attendant commerce throughout Collier County has given rise
15 to public health and water supply concerns, in that many of the
16 unincorporated areas of Collier County are not served by water
17 and sewer facilities norrnally and general1y provided and main-
18 tained ~J governmental agencies and instead are served by private
19 wells and privately-owned package sewage treatment plants or
20 septic tanks; that the proliferation of such package sewage
21 treatment plants and use of septic tank" poses a significant risk
22 of contamination of water supply sources for both incorpor~ted
23 anJ unincorporated areas of Col1ier County; that it is the intent
24 of the Legislature to authorize the Hoard of County Commissioners
25 of Collier County, Florida, to act as the governing board of the
26 Col~ier :ounty Water-Sew~r Oi.trict with overall responsibility
27 for the provision of water and sewer services to certain areas of
28 Callier County as hereinafter provided.
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30 SE:TION 2. Collier County Water-Sewer District Re-Established;
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Supplement To Chapter 78-489, Laws of Florida,
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Relatinq To County Water-Sewer Distrlct 01 Collier
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County.
There is hereby re-established as a
political subdivision of the State of Florida and as a body
corporate and politir. the Col1ier County Water-Sewer District,
also known as the County Water-Sewer District of Collier County.
6 The Board of County Corr.rnissioners of Col1ier County, Florida,
7 shall be the qoverninq board of the District wlth rights,owers
8 and responsibllitles as provided 1n this act and by genera 1 law,
9 including but not limited to the authority to enact ordinances
10 and adop: resolutlons, and to adopt rules and regulations for its
11 own government and proceedings, and to adopt an official seal for
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the District.
Chapter 78-489, Laws of Florida, relating to the'
13 County Water-Sewer Distrjet of Coll1~r County and validating the
14 creation of said Distrirt is hereby supplemented by this act.
15 The Collier County Water-Sewer District, as re-established in
16 this act, shall sucr.:eed to all rights, powers, Jurisdiction,
17 obligations, responsibilities and interests of the County
18 Wa~er-Sewer District of Collier Coun~y as origlnally established
19 ;:>ursuant to Chapter 153, Part II, Florida Statu~es and Chapter
20 78-489, Laws of Florida, and of the Marco Water and Sewer
21 District and the Goodland Water Distrlct as oriqinally
22 established pursuant to Chapter 153, Part II, Florida Statutes.
23 This act may be i<nown and cited as the "Col~ier County
24 Water-Sewer District Act".
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SECTION 3.
Jurisdiction, Rest'rictions and Bound,1ries As Applied
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To The City of !lar1es, Everqlades Ci~y, Pelican B~
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Improvement District, Irrmokalee Water and Sewer
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DiEtrict an.d Other Unincorporated Art!a~.
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( 1 )
The Col1ier County Water-Sewer Distrlct Board shall
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exercise jurisdiction over the provision of water and
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sewer services within the boundaries ilS hereinafter
provided for, and shal1 be exempt from the provisions
of Chapter 120, Florida Statutes.
Hc privately-owned
water or sewer utility sha! 1 be abandoned without
adequate provision for continuance of serVlce and the
( 2)
prior approval 0{ the Board.
The District Board shal1 exercise no jurisdiction or
power over properties 10cated withi~ the boundaries of
the City of Naples or Everglades City, as such
boundaries exist on the effective date" of this act,
except as may be consented to in writing by the
respective city councils.
Nor shall the District Board
exerClse any juri~diction or power over properties
10cated within :he boundaries of the Pelican Bay
Improvement District except as may be consented to in
writing by the Board of Supervisors of the Pelican Bay
Improvement District or as provided in Chapter 74-462,
Laws of Florida, and amendments thereto. Neither shall
the Naples or Everglades City Councils nor the Board of
Supervisors of the Pelic"n Aay Improvement District
exercise any of their water and/or sewer jurisdiction
or powers outside their respective boundaries either
singly or together without the written consent of the
District Board.
(3)
Any portion of the unlncorpcrated area of Collier
County, except th~ tmmokalee Water and Sewer District,
may be added to the boundaries of the Collier County
Water-Sewer District by adoption of a resolution by the
Distr ict Board.
Such resolution may be adopted only
after notice af" intent to consider the resolution at a
public hearing at a specified date, place and time
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shall have been published a~ least once a week for two
consecutive weeks in a newspnper of genera 1 circulation
in Coll1er County.
(4 )
Nothing in this ac~ shall be construed to negate or
otherwise limit the powers, authorlty and jurisdiction
of the Board of County Commissioners of Collier County
to provide for water and sewer serV1CCS under general
law in any portion of Collier County.
(5 )
The boundaries of the District are initial1y
established as follows:
Beginning at the easterly shoreline of the Gulf of
Mexico and the North line of Section 6, Township 48
South, Range 25 East, Tallahassee Meridian, Collier
County, Florida; thence East along the North line of
said Section 6 and Section 5 to the Northeast corner of
Section 5, Township 48 South, Range 25 E.lst; thence
South along the East line of said Section 5 to the
Southeast corner of said Section 5, Township 48 South,
Range 25 East; thence East along the North line of
Sections 9, 10, 11 and 12 of Township 48 South, Range
25 East to the Northeast corner of Section 12, Township
48 South, Range 25 F:ast; thence East along the North
li"e of Sections 7, 8 and 9 to the Northeast corner of
Section 9, Township 48 South, Range 26 East; thence
South along the East Section line of Sections 9 and 16
to the Southeast .cdrner of Section 16, Township 48
Sou th , Range 26 Eas t; thence Eas t a 10ng the Nor th
Section line of Sections 22 and 23 to the Northeast
corner of Se~tion 23, Township 48 South, Range 26 East;
thence South alonq the East section line of Sections
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Township 48 South, Range 26 F:ast; ther,ce South along
the f.ast lin" of Section.. 2, 11, 14, 23, and 26 to the
Southeast corner of Section 26, Township 49 South,
Range 26 East, thence East along the North line of
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Section 36, Township 49 South, R.lnge 21, East to t~.e
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northeast corner of said Section 36; thence South along
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the East line of Soction 36, Township 49 South, Range
26 East to the southeast corner of said Section 36;
th"nce South alonq the East line of Section 1 to the
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Southeast corner of Section I, Township 50 South, Range
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26 East; thence West along Ule North line of Section
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12, Township 50 South, Range 26 East to the northwest'
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corner of said Section 12, thence South nlong tho East
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line of Section. 11, 14, 23, 26 and 35, Township 50
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South, Range 26 East to the Southeast corner of Soction
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35, Town.hip 50 South, Range, 26 East; thence South
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along the East line of Section 2, Towrship 51 South,
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Range 26 East to a point on the East l~ne of Section 2
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lying one (11 mile North, as measured perpcndicular to
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the Northerly right-of-way line of U.S. 41, State Road
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90, Tamiami Trail; thence Southeasterly alon') a line
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lying one (1) mile North, as meftsured perpendicular to
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the Northerly right-of-way line of U.S. 41, State Road
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90, Tamiami Trail, to a point on the East Section line
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of Section 22, Township 51 South, Rftngu 27 East; thence
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continue South alQn<j the E,lst S"ction line of Sections
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22, 27 and 34, Township 51 South, Rang~ 27 East, to the
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Southeast corner of said Section 34; thence continue
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South along the East Section line of Section 3,
Township 52 South, Range 27 f.nst, to the intersection
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of said East Section line of Section 3 with Black Water
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Riv~r: thence Southerly along the waters oE Black Water
River and Black Water Bay to thelr ln~ersection with
Gullivan Bay; thence Westerly along the Wdters of
GUllivan Bay dnd Sunfish FIat and Ca:'<,1mbas Bay to
Caxambas Pass; thence West through Caxambas Pass to the
Easterly shoreline of the Gulf oE M"xico: thence
Northerly along the Easterly shoreline of the Gulf of
~exico to the lntersection of the Easterly shoreline of
the Gulf of MeXICO and the North line of Section 6,
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To'",nship 48 South, Range 25 East, being the Point of
Beginning; less and exceptlng any lands herein
described lying withln the City of Naples water and
sewer service areas as may be revised from time to time
by mutual agreement between ~he City of Naples and the
County Water-Sewer District of Collier County, Florida.
SF.CTlON 4.
Definitions,
As used in this act, the fol1owing
words and terms Bhall hav~ the fol10wing meanings, unleBs Bome
other meaning is plainly intended:
(1) "District" shall mean the Collier County Water-Sewer
District and the )urisdictional boundaries of the
District.
(2) "Board" or "District Board" shall mean the Board of
County Commissioners of Collier County, Florida, acting
as the governing board of the Col1ier County Water-
Sewer District.
()) "Bonds" shall mean Revenue Bonds and A3sessment Bondd.
(4) "District Clerk" shall mean the Clurk 0f the Circuit
Lourt and the ex officio Clerk of the Board of County
Commissioners 'of Collier County, who shilll be Clerk and
Treasurer of the District.
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"System" shal1 mean the water and/or the sewer system
of the District.
"Sewer system" shall mean and shall include any plant,
system, facility or property and additions, extensions
and improvements ther~to at any future time constructed
or acqulred as part thereof, useful or necessary or
having the present capacity for future use in con-
nection with the collection, treatment, purification or
disposal or sewage of any nature or originating, from
any source, illclu iing industrial '"aste.. resulting from
any processes of industry, manufacture, trade or busi-
ness or from the d~velopment of any natural resources;
and without limiting the generality cf the foregoing
definition shal1 embrace treatment plilnts, pwnping
stations, lift stations, valves, force mains, inter-
cepting sewers, laterals, pressure lines, mains and all
necessary appurtenances and equipment, all sewer mains
and laterals for the reception and collection of sewage
from premises connected therewith, and shall include
al1 real and persona 1 property and any interest there-
in, rights, easements and franchises of any nature
whatsoever relating to any such system and necessary or
convenient for the operation thereof.
"Water system" shal1 mean and irclude any plant,
system, facility or property and additions, extensions
and improvements ~hdreto at any future time constructed
or acquired as part thereof, useful or necessary or
having the present capacity for future use in con-
nection with the development of sources, treatment or
purification and distribution of water for domestic or
industrial use and, without limiting the generality of
!OOK 110 P~',[ 753
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the foregoing shall includc dams, rcsen'oirs, storage
tanks, mains,
lines, valves, pumping ~ttitlons,
Idterals, and pipes for the purpose of carrYlng water
to the premises connected wlth such ~Y5tem dnd shall
include a11 real and personal prop.,rty and any
interests therein, rights, caseClents "nd :::3nchises of
any nature whatsoever relating to any such system and
necessary or convenient for the operation thereof.
(8 )
.Cost" as applied to the acquisition and construction,
extensions, additions or improvements to the system
sha 11
include
the
cost of construction or
rE'construction, acquisition or purchase, the cost of
a11 labor, materials, machinery and equipment, cost of
all lands and interest therein, property, rlghts,
ec1semcnts and franchises of any nature .....hatsoevcr I
financing charges, interest prior to ar,d during
construction and for not more than
years after
completion of the construction or acquisition,
extensions, additions or improvements to the system,
the creation of initial reserve or debt service funds,
bond discount, cost of plans and specifications,
surveys and estimates of costs and revenues, cost of
engineering, financial and legal services, and all
other expenses necessary or incidental in determining
the feasibility or practicability of such construction,
reconstruction or .acquisition, administrative expenses
and such other expenses as may be necessary
incidental to fin"l\cing authorized by this law, and
including re~mbursement of Col1ier County or a~y other
person, firm or corporation for any ~oneys advanced to
the District for any expenses incurred by the District
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or Collier County in conn"ctlon with any of the
foregoing items of cost, or the re-estanlishment of the
District.
(9) "Assess~ble improvements" shall mean that portion or
portions of a 5cwer sYfitem or d w~tcr 5ystC~ of a local
nature and of benefit to the premises or lands served
thereby and partlcularly, without limiting the
generality of the foregoing, with reference to a ~ewer
system, "shall includ,," without being limited to,
laterals and mains for the collection bod reception of
sewage from premises connected therewith, 10cal. or
auxili^ry pumping or lift ntations, treatment plants o~
disposal plants, and other appurtenant facilities and
equipme~t for the collection, treatment and disposal of
sewage; and with reference to a water system shall
include such mains and laterals and other distribution
facilities, pumping stationh,. and sources of supply as
are of benefit to the property served by such water
system together with incidental equipment and appurte-
nances necessary therefor.
(10 )
"Revenue bonds" shall mean bonds or other obligations
secured by and payable from the revenues derived from
rates, fees and charges collected by the District from
the users or future users of the facllities of the
system, and which may be additionally secured by a
pI edge of the procu~ds of special assessments luvicd
against benefited property.
( 11)
"Assessment bonds" shal1 mean bonds or other
obligations ~ecured by and payablc from special assess-
ments levied against benefited lands, and which may be
additionally secured by a pledge of other moneys
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received by the District.
SECTION 5.
Powers and Duties of District Board.
The Collier
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County Water-Sewer District Boar1 shal1 have the fol10wi~g powers
and duties in addition to and supplementing other powers granted
in this act and powers granted to counties by general law:
(11 To construct, install, erect, acquire and to o?erate,
maintain, improve, extend, or enlarge and reconstruct a
water system or a sewer system or both within the
jurisdictional boundaries of the District and the
environs thereof and to ha~e the exclusive contral and
jurisdiction thereof; to issue its revenue bonds or
assessment bonds, or any co~ination of the foregoing,
to pay all or part of the cost of such construction,
reconstruction, erection, acquisition or installation
of such water system, sewer system or both.
(2) 70 regulate the use of sewers and the supply of water
within the District's boundaries and to prohibit the
use and maintenance of outhouses, privies, septic
tanks, package sewage treatment plants or other unsani-
tary structures or appliances.
(3) To fix and col1ect rates, fees and other charges to
persons ur property or both for the use of the
facilities and services provided by the water system or
sewer system or both and to fix and col1ect charges for
making connections 'with the water system or sewer
system and to provide for reasonable penalties on any
users or property for any such rates, fees or charges
that are del~nquent.
(4) To acquire ln tne name ot the Dlstrlct by purchase,
gift or the exercise of the right of eminent domain,
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pursuant to Chapters 73 and 74. Florida Statutes, such
lands and rights and interests therein, including lands
under ...ater and riparian rights and to acquire such
per~onal property as it may deem necessary in
connection ...ith the construction. reconstruction.
improvement. extension, installation. erection or
operation and maintenance of the system and to hold and
dispose of all rea 1 and personal property under its
control. The po...er of eminent domain may be. exercised
both ...ithin and outside the boundaries of the
District but ...ithin the boundaries of Col1ier County.
The eminent domain po...ers of th~ District as
authorized in this section may not be exercised in the
areas specifically excluded from the District's
jurisdiction and boundaries in Section Three of this
act, except as provided in Section Three for the
exercise of such jurisdiction or for the addition to
the boundaries of the District of such specific areas.
IS) To exercise exclusive jurisdiction, control and
supervision over the system, or any part thereof o...ned,
operated or maintained by the District and to make and
enforce such rules and regulations for the maintenance
and operation of the system as may be, in the judgment
of the Board, necessary or desirable for. the efficient
operatlon of the system or improvements in
accomplishing the purposes of this la....
(6) To restrain, enjoin or ~ther...ise prevent the violation
of this la... or of any resolution, rule or regulation
adopted pursuant to the po...ers granted by this la....
(7) To Join ...ith any other districts, cities. to...ns,
counties or other political subdiVisions, public
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agencies or authorities in the exercise o~ cor.unon
powers.
(8) To contract with other private or public entities or
persons to provide or receiVe a water supply or for
sewage disposal, collection or trea~ent or to operate
the water or sewer systen of such entity or person.
(9 )
To prescribe methods of pretreatnent of industrial
wastes not amenable to treatment with domestic sewage
before accepting such wastes ~or treat.rnent ar.d to
refuse to accept such industrial wastes ....hen not.
sufficiently pretreated as nay be prescribed, and by
proper resolutlon to prescribe penalties for t.he
refusal of any person or corporation to so pret.reat
such industrial wastes.
(10 I
To require and enforce the use of its facilities
whenever and wherever they are accessible, and to
require and enforce the installation and dedication to
the District of water and/or sewer facilitles and
easements as a condition precedent to the provision of
service by the District or by another entity authorized
by the District to previde interin serVice until
District fa~~lities are available.
( 11 )
To sell or other....ise dispose of the effluent, sludge or
other by-products as a result of sewage treatment.
( 12 )
To accomplish construction by holding hearings,
advertising
,. ,
construction
letting
for
bids,
and
contracts for a 11 er any part or parts of the
construction of the system to the lowest re~ponsible
bidder or bidders or rejecting any and all bids at its
discretion, prOVided that the District may purchase
supplies, material and equipment as well as expend for
14
.' .~~.....,
I" (i
.....,.. .'
~
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
L", "'.....
3
5
6
7
8
9
construction \ior'-:. in an dn.aunt not to exceed ten
thousand dollars total cost of each trans~ct.ion without
advertising or receiving bids,
(13) To construct and operate connecting, intercep:ing or
outlet sewers and sewer mains and pipes and water
mains, conduits or pipe lines, in, along or under any
streets, alleys. highways or other public places or
ways regulated by or under the jurisdiction of the
State or the County or any municipality or political
subdivision wher, necessary or convenient for the
purposes of the ~istrict.
(14 )
Subject to luch provisions and restrictions as may be
set forth in the resolution authori~ing or securing any
bonds or other obligations issued under the provisions
of this law, to enter into contracts with the govern-
ment of the United States or any agency or
instrumcntality thereof,
or with any county,
municipality,
dist.rict,
authority or political
subdivision,
private
corporation,
partnership,
association or individual providing for or relating to
the treatment, collection and disposal of sewage, or
the treatment, supply and distribution of water and any
other matters rclcvant thereto or otherWise necessary
to effect the p~rposes of this law, and to receive and
accept from any federal or state agency, grants or
10ans for or in ai.'! of the planninj, construction,
reconstructior or financing of improvements, additions
or extensions to the system and to receive and accept
aid or contributions or loans from any other source of
either money, property, labor or other things of value,
to be held, used and applied only for the purpose for
15
MOK 110 PV.\ 759
'"
". ,./J
~
,ttnK
.110 p~r.1760
~~~
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
2
3
6
7
8
9
SECTIOtl 6.
t ~ ...
.. (', ~. "' '"")
" ;,:; -'(j
t." . ~
which such grnnts, contributions or loans may be made.
(15 )
To enter into interlocal agreements with nny
municipality, county, district, authority or ?olitical
subdivision for any corporate purpose of the District,
lncluding, but not limited to, borrowlng money for
construction of improvements, additions and extensions
to the system.
( 16 )
To assume ownership, operation nnd control of any
county, municipal, district or authority owned water
and sewer system, including the assumption of the
financial liabiliti~s associated with such wdte~ and
sewer system.
( 17)
To divide the system into separate subsystems or
subdistricts for purposes of setting rates, acr.ounting
or fi~ancing improvements or additions thereto.
(18) To appoint advisory, administrative or operational
boards and committees to assist the Board in the
exercise and performance of the powers and duties
provided in this act.
The Board may delegate any or
all of its powers and -luties to such boards and
committees.
( 19 )
To do all acts and things necessary or convenient for
the conduct of its business and the general wclfare of
the District in order to carry out the powers and
duties provided in this act or provided in any other
law applicable to ~dunties,
Adoption Of Rates, Fees And Other Charqes
III
The Board shall adopt the schedulQ of rates, fee~ or
'.
other charges tor the use of and the services and
fncilities to. be furnished by the water system or
16
c:::ar
2
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
(:-.~
:1"1
5
6
7
8
9
\, .
, "
:2,;'..:.U
seWer system to be paid b'J the o'.'ner, tenant or
occupant of each lot or parcel of land WhiCh may be
connected with or used by such systems.
The initial
schedule of such rates, fees and other charges shall be
those already in effact in the District and any sub-
districts as of the effective date of t~is act. The
Board may thereafter revise the schedul~ of rates, fees
and charges from ~ime to time; provided, however, that
such rates, fees and charges shall be so adopted and
revised so as to provide moneys, ....hic.', with other
funds available for such purposes, sha:l be sufficient
at all times to pay the expenses of ')perating and
maintaining the system, including resprves for such
purposes, the principal of and interest on revenue
bonds as the same shall become due and reserves there-
for, and to provide a margin .of safety over and above
the total amount of any such payments, and to comply
fully ....ith any covenants contained in the resolution
authorizing the issuance of any bonds or other obliga-
tions of the District.
The District "hall charge and
collect such rates, fens and charges so adopted or
revi~ed, and such rates, fees and char,es shall not be
subject to the supervision or regulation by any other
commission, board, bureau, agency or )ther political
subdivision or agency of the county or state.
( 2)
Such rates, fecs ~d chargcs shall be lust and
equitable and uniform for Users of the same class and
where appropriate may be based or compJted either upon
thl.! quantity of water consumed or UpOI. the number and
size of sewer connections or upon the number and kind
of plumbing fixtures in Use in the premises or upon the
17
MOl(
110 qr,l. 761
c:::::a"l
,oo~
110 w,r 762
.-C~~
-
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
Jl
. ,-. ..,
'- .
number or average number of persons reiiding or working
2
in or otherwise using or occupying slch premises or
upon any other fac:tor affecting the use of the
facilities furnished or upon any comtination of the
foregoing factors as may be determined by the Board on
6
any other equitable basis,
(3) No rates, fees or charges shall be ado~ted or revised
under the foregoing provisions of thiJ section until
after a public hearing at which all t1e users of the
systp.rn affected thereby, or owners, tenants or
Occupants served or to be served thereby and all others
interested shall have an opportunity to be heard
concerning the proposed rates, fees and charges.
Notice of such public hearlng settillg forth the
proposed 8chedule Or schedules of ra~es, fees and
charges shall be given by one publicatlon in a
newspaper published and circulating iI, Collier County
at least 10 days before the date fixe~ in such notice
for the hearing, which may be adjourn!d from time to
time. After such hearing such schedu~e or SChedUles,
either as initial:y adopted, or as modlfied or amended,
may be finally adopted.
(4) A copy of the schedUle or schedules of such rates,
fees or charges finally adopted shall )e kept on file
in the office of the District Clerk alld shall be open
at all times to p'illiic inspection. The rates, fees or
charges so adepte,l for any class of u';ers or property
served shall be extended to cover any additional users
or propertie~ thereatter served which lhal1 fall in the
same class, wlthollt the necesslty of any hearing or
notice. Any chanyc or revision of such rates, fees or
18
-
-
" ,., '1
. ,-, " > :
."""'-u
c:::::Ir
c:. -.~
"
'. \\.'
,'-' - IJ
charges may be mad~ in the same manne: as such r~tcs,
2
fees or charges were originally established as herein-
above provided, except that if such changes or
revisions be made substantially pro rata as to all
5
classes of service no hearing or not.ice shall be
6
required.
7
9
SECTION~. Bonds.
(1) The District may, from time to time, insue bonds to
10
pay the costs and expenses, other than operating
11
expenses, incurred in carrying out the purpose I of this
12
act or to refund revenue bonds of the District issued
13
pursuant to this act.
In anticipation of the lale of
14
such bonds, the District may issue bond anticipation
15
notes and may renew the same- from time to time. Such
16
notes may be paid from the revenues derived by the
17
District from the proceeds of sa Ie of the bonds of the
18
District in anticipation of which they wcre issued.
19
The notes shall be issued in the same manner as the
20
bonds. Bonds and notes shall be, and shall be deemed
21
to be, for a 11 purposes, negotiable instruments,
22
subJect only to the provisions of the bonds and notes
23
fer registration.
24
(2) The bonds may be issued as serial bonds or as term
25
bondsl or the District, in its discretion, may issue
26
bonds of both types'.
The District may issue capital
27
appreciation bonds or variable rate bonds. The bonds
28
shall be authorized by resolution of the Doard and
29
shall bear such date or dates; mature at such time or
30
times, not exceeding 40 years from their respective
31
dates; bear interest at such rate or rates; be payable
19
MOl(
11n P~(,l 763
c:::::a
toOK 110 W'! 764
-
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
10
31
6
7
8
at such time or times; be in such denominations; be in
such form; carry such rcgistratlon I'rlvilcgcs; be
executed in such manner; be payable from such sources
and in such medium of payment and at such place or
places; and be subject to such terms of redemption,
including redemption prior to mllturlty, as such
resolution 0:' resolutions may provlde. If any officer
whose signature, or a facsHlile of Whose slqnature,
appears On any bonds or coupons ceases to be such
officer before the delivery of such brc.ds, such
signature or facsimile shall nevertheless be valid and
sufficient for al1 purposes as if he had remAined in
office until the delivery. The bonds or notos may be
sold at public or private SolIe for such prlce Or prices
as the Board shall determine. Pendin, p="paration of
the definitive bonds, the District may issue interim
receipts or certificates which shall ~e exchanged for
such de fini ti ve bonds. The bonds ma~' be secured by
such form of credit enhancement, if alY, as the Board
deems appropriate. The bonds may be secured by an
indenture of trust or trust agreement.
(3) The bonds may be validated, at the discretion of the
BOArd, pursuant to Chapter 75. Section 75.04 (2) shAll
not apply to bonds validated pursuant to Chapter 75.
SECTION 9. Trust Funds; Trustees. The proceed" of all bonds or
other o~ligations issued under this law and all revenue a derived
from the operation of th~ system for the payment of all or part
of the cost of which any bonds or other obligations authorized by
this law have been isaucd !Ihal1 be and constitute trust funds,
and shall be used and applied only in accord,lnce with the
20
-
~
. f ~ ~
c:::::c.--
, ,
:~ ~0
proceedings authorizing the issuance of any bonds, or other
2 obligations issued pursuant to this law, and the District may
appoint trustees, within or without the state, under trust
agreements or indentures to hold and adminlster the proceeds of
5 any such bonds or other obligations or any such revenues. The
6 District may provide that the moneys or the funds and accounts
7 established by the proceedlngs authorlzing the issuance of any
8 revenue bonds shall be subject to the lien of the pledge
9 established by the proceedings without any phYllical delivery
10 thereof and the lien of the pledge shall be vali~ and binding as
11 against all parties bringing claims of any kind in tort, contract
12 or otherwise against the District.
13
14 SECTION 10. Covenants Of District Board With Bondholders. In
15 addition to the other provisions and requiremen~s of this law,
16 any resolution authorizing the issuance of bonds or any other
17 obligations issued hereunder may contain provi.ions and the
18 District Board is authorized to provide and may covenant and
19 agree with the several holders of such bonds or ~ther obligations
20 as to:
21
(1;
Reasonable deposits with the District in advance to
22
insure the payment of rates, fees or charges for the
23
facilities of the system.
24
(2) The discontinuance of the services anc facilities of
25
the system, or both. for delinquent payments for either
26
water service5 or, :fewer services, and the terms and
27
conditions of the restoration of such service.
28
(3) Limitations on the powers of the District to
29
construct. ac~uire or operate, or permit the
30
construction, acquisition cr operation of any plants,
structures, facilities or properties which may compete
31
I::.:~ ~
aOOK
21
110 pv.r 765
c:::::a'"!
IOO~
110 PAr,\ 766
~,
[;~...
r r'l,
~~ ~ ' '''\ :'"'I
d_, . 1.1
--;
or tend to compete with the system.
(4) The manner and method of paYlng serVlce charges and
fees and the levying of penalties for delinquent pay-
ments.
5
(5) Subject to this law the manner and orde~ of priority of
6
7
the disposition of revenues or redemption of any bonds
or other obligations.
8
(6) Terms and conditions for modification 0= amendment of
9
the resolution authorizing the issuance of bonds or
10
other obligations.
11
17} Provisions for and limitatlons on the a?pointmen~ of a
12
trustee for bondholders for ,the system.
13
(8) Provisions as to the appointment of a receiver of
14
the system on default of principal or interest on any
15
such bonds or other obligations_or the breach of any
16
covenant or condition of the resolution authorizing
17
such bonds or other obligations.
18
(9) Provisions as to the execution and entering into of
19
trust agreements regarding the holding and disposition
20
of revenues derived from the system or bonds.
21
(10) Provisions as to the maintenance of the system and
22
reasonable insurance thereof.
23
Ill) Any other matters necessary to secure the bonds and
24 the payment of the principal and interest thereof.
25 All such provisions of the resolution shall constitute valid and
26 legally binding contracts bc\:ween the District and several
27 holders of any such bonds and shal1 be enforceable by any such
28 holder or holders by mandamus or other appropriate action, suit
29 or proceeding in law or in equity in any court of competent
30 jurisdiction.
31
22
c:::::::a-
.,...,<
, ,~
".:}3
1
SECTION 11. Unpaid Fees To Constitute Lien. In the event that
2 the fees, rates or charges for the services and tacilitieR of the
system shall not be paid as and when due, any unpaid balance
thereof and 811 interest accruing thereon shall be a lien on any
5 parcel or property affected thereby. Such liens shall be
6 superior and paramount to the interest on such parcel or property
of any owner, lessee, tenant, mortgagee or other person except
8 the lien of county taxes and shall be on a parity with the lien
of any such county taxes. In the event that any such service
10 charge shal1 not be paid as and when due and shal1 be in default
11 for thin:y days or more the unpaid balance thereof and aIL
12 interest accrued thereon, together with attorneys fees and costi,
13 may be recovered by the District in a civil action, and any such
14 lien and accrued interest may be foreclosed or otherwise enforced
15 by the District by action or suit in equity as for the fore-
16 closure of a mortgage on real property.
17
18 SECTION 12. Publication Of Notice Of Issuance Of Bonds. Prior
19 to the issuance of bonds or other obligations, the Board may, in
20 its discretion, publish a notice at least once in a newspaper
21 published and circulating in Col1ier County stating the date of
22 adoption of the resolution authorizing such obligations, and the
23 amount, maximum rate of interest and maturity of such obligations
24 and the purpose in general terms for which such obligations are
25 to be issued, and further stating that any action contesting the
26 bonds, proceedings authorizln,j the issuance thereof, or of any
27 covenants relating thereto, must be instituted within 20 daY8
28 after the first publication of such notice, or the validity of
29 such obligations or pr?ceedings or covenants shall not be t'ere-
30 after questioned in any court whatso~ver. If no such action or
31 proceeding is so instituted within such 20-day period then the
c.... u...
MOK
110 W,l, 76723
~
&OOK
110 m~ 768
(;.y--
,. .".",...
" ;
validity of such obligations, p.oceeding3 and covenants shall be
conclusive, and al1 pe.sons o. parties whatsoever shall be
forever barred from questioning the validity of such ohligations,
proceedings or covenants in any court whatsoever.
6 SECTION 13. Bonds; Qualities Of Neqotiable Instruments; Riqhts
7 Of Holders. All bonds issued hereunder shall not be invalid for
any irregularity or defect in the proceedings for the issuance
9 and sale thereof and shall be incontestable in the hands of bona
10
fide purchasers for value.
No proceedings in .espect to the
II issu^nce of such bonds shall be necessa.y except such a8.are
12
required by this act.
The provisions of this act shall
13 constitute an irrevocable contract between the District and the
14 holders of any 8uch bonds or coupons thereof issued pursuant to
15 the provisions hereof. Any holder of such bonds may either at
16 law or in equity, by suit, action or mandamus, enforce and compel
17 the performance of the duties required by this act or of any of
18 the ofticers or persons herein mentioned in relation to said
19 bonds, or the levy, assessment, collection and enforcement and
20 application of the revenues, assessments or other funds pledged
21 for the payment of the principal and interest thereof.
22
23
SECTION 14.
Annual Reports Of District Board.
The District
24 Board shall cause to be made at least once each year a comprehen-
25 sive report of its system, including all matters relating to
26 rates, revenues, expen:,es of \naintenance, repair and operation
27 and renewals and capital replacements, principal and interest
28 requirements and the status of all funds and accounts. Copies of
29 such rpport shal1 be filed with the District Cl~rk and shall be
30
open to public inspection.
This report wil1 be known as the
J~ ..;.nnual audit report aCld '.:i1, >-~ '~?..~ed by a certified public
24
~
. ''-''n
: :~; >, ()
accountant appointed by the Board. The annual audit report may
2 be included as part of Collier County's comprehensi'/c annual
report or may be issued separately.
4
5 SECTION 15. Exemption From Taxation. As the exercise of the
6 powers conferred by this act constitutes the performance of
7 essential public functions and as the system constructed or
acquired under the provisions of this act constitute public
property used for public purposcs, the District and all
10 propert~ CS, revenues or other assets thereof, and all bonds
11 i~s~ed hereunder and the interest thereon, shal1 be exempt, from
12 all taxation by the state, or any county, municipality, political
13 subdiviSion. agency or instrumentality thereof. It is ~e intent
14 of the Legilllature that this section not be construed as in
15 violation of Artie Ie VII of the State Constitution, inasmuch as
16 this se~tion is identical to Section 153.76, Florida Statutes,
17 which provides that water and se....er districts established
18 pursuant to Chapter 153, Part II, shall be exempt from taxation,
19 and the County Water-Sewer District of Co11iter County ....as
20 original1y established pursuant to said gcneral la.....
21
22 SECTION 16. District Bonds As Securities For Public Bodies. All
23 bonds issued pursuant to. this act shal1 be and constitute lcgal
24 inv"stmentll for st"te, county, municipal, and 1111 other public
25 funds and for ban!...s, savings banKs, insurance companies,
26 executors, administrators, trl1stees, and all other fiduciaries
27 and shall also be and constitute securities cligible as
28 col1ateral security for all state, county, municipal, or other
29 public funds, subject to the restrictions and limitiltions of
..
30 chapters 18, 126, 237, 518, 655, 657, 658 and 660 through 665.
31
25
C.
-:.,. ....--
toOK
110 W~ 769
~
, r~
aOOK 110 PAGt 770
"
~,
SECTION 17.
Bonds As Payment For Services. The District is
2 authorized to enter into agreements for the delivery of any bonds
3 at one time or from time to time a5 full or partial payment for
the services of any engineer or work done by any contractor who
5 may have been retained or hired or been ,,,,,arded a contract
6 for the construction of all or any part of the system; provided,
7 however, that any such bonds so delivcred ior payment of such
8 services or work performed shall have been authorized and issued
9 in the manner provided in this act and shall otherwlsc conform to
10 the provisions hereof.
11
12 SECTION 18. Contracts For Construction Of Improvements, Sealed
13 Bids. Al1 contracts let, awarded or entered into by the District
14 for the c{'nstruction, reconstruction or improvements to the
15 system or any part thereof, if the amount thereof shal1 exceed
16 ten thousand dollars ($10,000) shall be awarded only after
17 public advertisement and call for sealed bids therefor, in a
18 newspaper published and circulating in Collier County, such
19
advertltlment to be published at least once at least
weeks
20
before the date set for the receipt of such bids.
Such
21 advertisements for bids, in addition to the other necessary and
22 pertinent matters, shall state in general terms the nature and
23 description of-the improvement or improvements to be undertaken
24 and shall state that detailed plans and specifications for such
25 work are on file for inspection in the office of the District
26 Clerk and copies thereof snatl be furnished to any interested
27 party uron payment of ~'easonable charges to reimburse the
28 District for its expenses in providing such copies. The award
29 shall be made to the responsible and competent bidder or bidders
30 who shall offer to undertnke the improvements at tho 10west cost
31 to the District and such bidder or bidders shal1 be required to
26
,..,~
),
e:::cIr
r :'
'1
file bond for the full and faithful performance of such work and
2 the execution of any such contract in such amount as the District
3 Board shall determine, and in all other respects the letting of
4 such construction contracts shall comply with applicable
5 provisions of the general laws relating to the letting of public
6 contracts. Nothing in this section shall be deemed to prevent
7 the District Board from hiring or retaining such consulting
8 engineers, attorneys, financial experts or other technicians as
9 it shall determine, in its discretion, or from undertaking any
10 construction work with its own resources, without any such public
11 advertisement.
12
13 SECTION 19. Special Assessments. The Board may provide for the
14 levy, collcction and enforcement of special assessments utilizing
15 any of the following methods and procedures or any combination
16
thereof:
Chapter 153 Part II, Chapter 170, Chapter 173, or
17 Chapter 197.363, Florida Statutes; or the Board may adopt its own
18 method of procedures for the levy, col.lection and enforcement of
19 special assessments upon compliance with the notice and hearing
20 requirements set forth for the adoption of rates, fees and other
21 charges. The Board may contract with the Collier County Tax
22 Collector and/or District Clerk to collect ~uch special
23 assessments as may be levied by the District.
24
25 SECTION 20. Free Water And Sewer Services Prohibited. No free
26 water or sewer services ~ha~l "be rendered by the District and no
27 discrimination shal1 exist in the fees, rates and charges for
28 users of the same class.
29
...,
30 Sf.CTION 21. System Dcvelopment Charges.
31
(1) The District is hereby empowered to levy and collect
&OOK
110 p~r,t771
k-..
-==-'"
.. i1
,~
lk-.....
110w,~TI2
-
2
6
7
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
! ~
water system development charges and/or sewer system
development charges, for capital improvements and debt
service on such capital improvements as hereinafter
specified, within the boundaries of the District, under
all of the following conditions:
A. Whenever a property owner or his author~zed
representative connects an existing structure to
a system or portion thereof owned or operated by
the District; or
Whenever a property owner or his authorized
representative applies for a buildin~ permit and
prior to issuance of a building permit to alter an
existing structure previously connected to a water
B.
c.
system and/or sewer system owned or operated by
the District, where such alteration increases the
potential demand on the District's system(s); or
Whenever a property owner or his authorized
representative applies for a building permit and
pr~or to issuance of a building permit to
construct a structure on property which according
to an adopted pIan is scheduled in the future to
be connected to a system owned or operated by the
Oistrict even though the property owner or his
representative may receive interim water and/or
interim sewer service from a source other than the
District.
If the structure on the property for which a
syste;n development charge has been paid is not
authorized to connect to the District's systemlsl
within ten'years of the date of such payment, the
property.ow"er holding legdl title at the end of
D.
28
-
-
-===-
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
(:..... ..~
i
.-',,1;'
the ten-year period shall be eliglble for a refund
of the system development charge without interest.
The District shall notify the property owner of
his eligibility for a refund by mailing notice to
the property owner. Such notice shal1 be sent by
certified or registered mail with return receipt
requested.
Any property owner eligiblc for a
refund shall file written application with the
Board for a refund .within ninety days of the date
of mailing of the notice by the District .or such
property owner shall be deemed to have waived any
right to a refund, and the District shall be
entitled to retain and apply the system
development charge for capital water and sewer
improvements. Failure to construct the structure
for which a system development charge has been
paid shall not constitute grounds for a refund,
nor shall delay or failure to receive the mailed
notice of eligibility for a refund toIl the ninety
day time limit within which an application for
refund must be filed.
(2l All water system development charges shall be
s~gregated from all other funds held by the District
and placed in a special account. Except as otherwise
provided by the resolution authorizing the issuance oi
bonds or other opUgations of the District, this
account shall not be transferred or used for any
purpose other than capital improvements for raw water
supplies,
water
facilities,
treatment
water
transmission :"ains, storage facilities, pumping
facilities, distribution lines and rel,Hed facilities
~OOK
29
110 w'~ 773
c::::Ir
"0
.11l0K
110w.~714
. [;",,-..-
8
9
10
11
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required to provide new connections by new customers
2
and for payment of debt service on public obligations
3
issued to finance any such capita 1 improvements.
Capital improvements which are designed to benefit
existing customers of the District shall not be paid
6
for with funds from this account.
7
(3) All sewer system development charges shall be
segregated from all other funds held by the District
and placed into a special account. Except as otherwise
provided by the resolution authorizing the issuance of
bonds or other obligations of the DiGtrict. this
account shall not be trans ferred or used for any
purpose other than capital improvements for sewage
treatment and disposal facilities, sewage transmission
facilities and rclated facilities required to provide
new connectioLs by new customers and for payment of
debt service on putlic obligations issued to finance
any such capital improvements. Capital improvements
which are designed to benefit ex~sting customers of the
District shall not be paid for with funds from this
account.
(4) Water system development charges and sewer system
development charges shall be reviewed at least annually
by the Board to determine that the charges are
equitable and proportionate to the current estimate of
costs for providing'the capital improvements for which
the charges are imposed.
The initial schedule of
system development charges shall be those already in
c.:=r:~.....:. in tLt: ~i:;tric~ .A.I'::: iJ.r."j subdi~tricts ilS of the
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effective date of this act. The Board may thereafter
change or revise the schedule of system development
30
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charqes upon compliance with the notice and hearinq
requirements set forth for the adoption of rates, fees
and other charges, except tha t if such chanqell or
revisions be made Ilubstantially pro rata as to all
clas.es of services no hearing or notice shall be
required.
151 The Board, in its discretion, may permit the owners of
existing structures which connect to the District 's
system to pay the system development chargers) on an
installment basis with interest.
In the event that
system development charges ghall not be paid as and
when due, any unpaid balance thereof and all interest
accruing ..hereon shall be a lien on any parcel of
property affected thereby.
Such liens shall be
superior and paramount to the interest on such parcel
or property of any owner, lessee, tenant, mortgagee or
other person except the lien of county taxes and shall
be on a parity with the lien of any such county taxes.
In the event that any such system development charge
shall not be paid as and when due and shall be in
default for thirty clays or more the unpaid balance
thereof and all interest accrued thereon, together with
attorneys fees and costs, may be recovered by the
District in a civil action, and any such lien and
accrued interest may be foreclosed or otherwise
enforced by the D~s~rict by action or suit in equity as
for the foreclosure of a mortgage on real property.
(6 )
System development charges may be pledged to the
payment of b~nds or other obligations of the District,
~
provided that the District has agreed in the resolution
authorizing such bonds or other obligations that it
aOOK 110 p/(,~ 775
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aOOK 110 PA',~ 776
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maintain net revenues, together with special assessment
2
proceeds and other revenues derived by the District,
3
exclusive of system development charges, equal to at
leaat 100\ of the debt service on such bonds or
5
obligations.
6
(7) Nothing in this Act shall be construed to ir.validate
water and sewer system development charges previously
8
levied and collected and pledged by the Board of County
9
Commissioners of Collier County under its pre-existing
10
implied authority to levy and col1oct and pledge such
11
charges; such charges being in the nature of impact
12 .
fees are hereby ratified and confirmed.
13
(8) As an alternative to the provisions of the foregoing
subsections (1) through (7), the District is empowered
14
15
to levy and collect water and/or sewer impact fees
16
within the boundaries of the District in the same
17
manner and to the same extent as counties.
18
19 SECTION 22. ~onveyance Of Property Without Consideration. Any
20 municipality, political subdivision, district or authority is
21 authorized to sell, lease, grant or convey any real or personal
22 property to the District and any such sale, grant, lease or
23 conveyance maybe made without formal consideration.
24
25
SECTION 23.
District Approval Of Construction Of Water And
26 Sewage racilities, No sewage'disposal plant or other facilities
27 for the collection or ~reatment of sewage or any water treatment
28 plant or other facilities for the supply or distribution of
29 water, shal1 be constructed within the boundaries of the
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30 District unless the District Board shall give its written
31 consent thereto and approve the plans and specifications there-
32
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1 for I subject. however. to the terms and prov lS ions of any
2 resolution authorizing any bonds and agreements with bondholders.
3
SECTION 24. Construction Of Law.
5
(1) The provisions of this act shall be liberally construed
6
to effect its purposes and shall be deemed cumulativo,
7
supplemental and alternative authority for the exercise
8
of the powers provided herein. The exercise of the
9
powers provided in this 1.1'01 and the issuance of bonds
10
or other obligations hereunder shall not be subject to
11
the limitations or provisions of any other law or laws
12
except as expressly provided herein.
In the event 0 f
13
any conflict between this act and any other applicable
14
law or laws providing cumulative, supplemental and/or
15
alternative authority to counties for the exercise of
16
the powers provided herei... the least restrictive in
17
favor of the District's powersshall apply.
18
(2) Nothing contained in this act shall be construed to
19
affect any actions taken or any contracts previously
20
entered into by the Board of County Commissioners of
21
Collier County for the provision of water and/or sewer
22
services within the boundaries of Collier County.
23
(3) If any section, sentence, clause, phrase, or word of
24
this act is for any reason held or declared to be
25
unconstitutional, inoperative or void, such holding or
invalidity shall ool affect the remaining portions of
26
27
this act, and it shall be construed to have been the
28
legislative intent to pass this act without such
29
unconstitutional, invalid or inoperative part therein;
30
and the remainder of this act, after the exclusion of
31
such part or .parts, shall be deem~d and held to be
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aODK 110 P~G( 778
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valid as if such parts had not been included therein.
2
3 SECTION 25. Penalties And Enforcement. Penalties for a violation
4 of any provision of this act or any of the ord~nances, rules,
5 requlations or resolutions adopted pursuant to the authority of
6 this act shall be as provided for the violation of county
7
ordinanccfI.
In addition, the District may seek enforcement of
8 this act and/~~ damages, plus costs and attorney's fees, for a
9 violation of thi~ act, or a violation of any of the ordinances,
,(0 rules, regulation. or resolutions adopted pursuant to the
11 authority of this act, in any court Of competent jurisdiction.
12
13
SECTION 26.
Effective Date. This act shall take effect upon
14 becoming a law.
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