Ordinance 85-32 ORDINANCE NO. 8~3! ..... r'~N
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AN ORDINANCE RELATING TO THE PINE RIDGE INDUSTRIAL PARK
MUNICIPAL SERVICE TAXING AND BENEFIT UNIT; PROVIDING i~)R THE
CONSTRUCTION OF ASSESSABLE IMPROVEMENTS; PROVIDING FOR THE
ESTABLISHMENT OF ASSESSMENTS AGAINST BENEFITED PROPERTIES;
PROVIDING FOR THE ISSUANCE OF ASSESSMENT BONDS; PROVIDING FOR
THE COLLECTION OF ASSESSMENTS EITHER THROUGH THE AD VALOREM
TAX COLLECTION PROCEDURE OR THROUGH FORECLOSURE; PROVIDING
THAT ASSESSMENTS ARE A LIEN ON PROPERTIES ASSESSED; PROVIDING
THAT THIS ORDINANCE IS SUPPLEMENTAL TO ORDINANCE 81-94
CREATING THE UNIT; PROVIDING AN EFFECTIVE DATE.
Be it ordained by the Board of County Commissioners of
Collier County, Florida,
SECTION 1.
As used in this ordinance, the following words and terms
shall have the following meanings, unless some other meaning is
plainly intendedz
(1) "Unit" shall mean the Pine Ridge Industrial Park
Municipal Service Taxing and Benefit Unit created by Ordinance
81-94.
(2) "Board" shall mean the Board of County Commissioners of
Collier 2ounty, Florida.
(3) "Cost" as applied to the acquisition and construction of
any improvements authorized by the Board sh~ll include the cost of
construction or reconstruction, acquisition or purchase, the cost
of all labor, materials, machinery and equipment, cost of all
lands and interest therein, property, rights, easements and
franchises of any nature whatsoever, financing charges, interest
prior to and during construction and for not more than two years
after completion of the construction or acquisition of r ch
improvements, the creation of initial reserve or debt service
funds, Oond discount, cost of plans and speci*ications, cost of
construction plans, surveys and estimates of costs and revenues,
cost of engineering, financial and legal services, and all other
expenses necessary or incidental i,l determining the feasibility or
practicability of such construction, reconstruction or
acquisition, administrative expenses and such other expenses as
may be necessary or incidental to financing authorized by this
ordinance; and including reimbursement of the county or any other
person, firm or corporation for any moneys advanced to the Unit
for any expenses incurred by the Unit or county in connection with
any of the foregoing items of cost, or the creation of the Unit.
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(4) "Assessable improvements" shall mean that T.~rtion or
portions of improvements of a local nature and of benefit to the
premises or lands served thereby.
(5) 'Clerk" shall mean the clerk of the circuit court and ex
officio Clerk of the Board of County Commissioners.
(6) "Assessment bonds" shall mean bonds or other obligations
secured by and payable from special assessments levied against
benefited lands.
(7) "Plans and specifications" shall mean preliminary
drawings and specifications which shall show the location, size,
and nature of the improvements. A description of the kind and
quantities of major material items shall be shown.
SECTION 2.
The Unit may provide for the construction or reconstruction
of assessable improvements as defined in Section 1 of this
ordinance, and for the levying of special assessments upon
benefited property for the payment thereof, under the provisions
of this section.
(1) The initial proceeding shall be the passage by the Board
of a resolution ordering the construction or reconstruction of
such assessable improvements, indicating the location by terminal
points and routes and either giving a description of the improve-
ments by its material, nature, character and size or giving two or
more descriptions with the directions that the material, nature,
character and size shall be subsequently deuermined in conformity
with one of such descriptions. The improvements need not be
continuous and may be in more than one locality or street. The
resolution ordering any such improvement may give any short and
covenient designation to each improvement ordered thereby.
(2)(a) As soon as possible after the passage of such resolu-
tion the county engineer shall prepare in duplicate plans and
specifications as defined herein for each improvement ordered
thereby and an estimate of the cost thereof. Such cost shall
include, in addition to the items of cost as defined in this
ordinance, the following items of incidental expenses:
1. Prin.ting and publishing notices and proceedings;
2. Costs of abstracts of title, and
3. Any other expense necessary or proper in conducting the
proceedings and work provided for in this section, including the
estimated amount of discount, if any, upon the sale of assessment
bonds or any other obligations issued hereunder for which such
special assessments are to be pledged. If the resolution shall
provide alternative descriptions of material, nature, character
and size, such estimate shall include an estimate of the cost of
the improvement of each such description.
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(b) The engineer shall also prepare in duplicate a tentative
apportionment of the estimated total cost of the improvements as
between the Unit and each lot or parcel of land subject to special
assessment under the resolution. Such tentative apportionment of
total estimated cost shall not be held to limit or restrict the
duties of the engineer in the preparation of the preliminary
assessment roll. One of the duplicates of such plans,
specifications and estimates and such tentative apportionment
shall be filed with the Clerk; and the other duplicate shall be
retained by the engineer in his files, all thereof to remain open
to public inspection.
(3) The Clerk upon the filing with him of such plans,
specifications, estimates and tentative apportionment of cost
shall publish once in a newspaper of general circulation,
published in the county, a notice stating that at a meeting of the
Board on a certain day and hour, not earlier than 15 days from
such publication or posting, the Board will hear objections of all
interested persons to the confirmation of such resolution, which
notice shall state in brief and general terms a description of the
proposed assessable improvements with the location thereof, and
shall also state that plan~, specifications, estimates and a
tentative apportionment of cost thereof are on file with the
Clerk. In addition to the published notice described above, the
Clerk shall mail a copy of the notice by first class mail to each
property owner to be assessed. Notice shall be mailed to the
owner at such address as is shown on the tax rolls. The failure
of the Clerk to mail such notice shall not constitute a valid
obJe~tion to holding the hearing as provided in this section or to
any other action taken under the authority ~f this section.
(4) At the time named in such notice, or to which an
adjournment may be taken by the Board, the Board shall receive any
objections of interested persons and may then or thereafter repeal
or confirm such resolution with such amendments, if any, as may be
desired by the Board and which do not cause any additional
property to be specially assessed. Assessments shall be levied
against all property in the Unit specially benefited by the
improvements. Such assessment shall be based on frontage, and/or
any other method deemed equitable by the Board.
(5) Ail objections to any such resolution on the ground that
it contains items which cannot be properly assessed against
property, or that it is, for any default or defect in the passage
or character of the resolution or the plans or specifications or
estimate, void or voidable in whole or in part, or that it exceeds
the power of the Board, shall be made either in writing, and filed
with the Clerk at or before the time or adjourned time of such
hearing, or shall be made orally at the hearing. Any objections
not so made shall be considered as waived, and if any objection
shall be made and overruled or shall not be sustained, the
confirmation of the resolution shall be the final adjudication of
the issues presented unless proper steps shall be taken in a court
of competent Jurisdiction to secure relief within 20 days from the
date of Board action on the resolution.
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(6) Whenever any resolution providing for the construction
or reconstruction of assessable improvements and for the levying
of .special assessments upon benefited property for the payment
thereof shall have been confirmed, as hereinabove provided, or at
any time thereafter, the Board may issue assessment bonds payable
out of such assessments when collected. Said bonds shall mature
not later than two years after the last installment in which said
special assessments may be paid, as provided in subsection 11, and
shall bear interest at not exceeding the maximum amount permitted
by law.
Such assessment bonds shall be executed, shall have such
provisions for redemption prior to maturity and shall be sold in
the manner prescribed herein. The amount of such assessment bonds
to be issued shall not exceed the amount of special assessments
actually confirmed and levied by the Board as provided in
subsection (4).
(7) At any =~.ne after the passage of the resolution
authorizing the construction or reconstruction of assessable
improvements has been confirmed as provided in subsection (4), the
Board may publish at least once in a newspaper of general
circulation, published in the county, a notice calling for sealed
bids to be received by the Board on a date not earlier than 15
days from the first publication for the construction of the work.
The notice shall refer in general terms to the extent and nature
of the improvement or improvements. Bids may be requested for the
work as a whole or for any part thereof separately. The Board
shall have the right to reject any or all bids, and if all bids
are rejected the Board may readvertise or may determine to do the
work by county forces without contract.
(8) Promptly after the completion of the work, the county
engineer, who is hereby designated as the official to make the
preliminary assessment of benefits from assessable improvements,
shall prepare a preliminary assessment roll and file the same with
the Clerk which roll shall contain the following=
(a) A description of abutting lots and parcels of land or
lands within the Unit which will benefit from such assessable
improvements and the amount of such benefits to each such lot or
parcel of land. Such lots and parcels shall include the property
of the county and any school district or other political
subdivision. There shall also be given the name of the owner of
record of each lot or parcel as shown on the tax rolls.
(b) The total cost of the improvement and the amount of
incidental expense.
(9) The preliminary roll shall be advisory only and shall be
subject to the action of the Board as hereinfter provided. Upon
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the filing with the Clerk of the preliminary assessme~c roll, the
Clerk shall publish at least once in a newspaper of general
circulation, published in the county, and circulating in the
district, a notice stating that at a meeting of the Board to be
held on a certain day and hour, not less than 15 days from the
date of such publication, which meeting may be a regular,
adjourned or special meeting, all interested persons may appear
and file written objections to the confirmation of the preliminary
assessment roll. Such notice shall describe the assessable
improvements and the location thereof.
(10) At the time and place stated in such notice the Board
shall meet and receive the objections in writing of all interested
persons as stated in such notice. The Board may adjourn the
hearing from time to time. After the completion thereof the Board
shall either annul or sustain or modify in whole or in part the
preliminary assessment as indicated on such roll, either by con-
firming the preliminary assessment against any or all lots or
parcels described therein or by cancelling, increasing or reducing
the same, according to the special benefits which the Board
decided each such lot or parcel has received or will receive on
account of such improvement. If any property which may be
chargeable under this section shall have been omitted from the
preliminary roll or if the preliminary assessment shall not have
been made against it, the Board may place on such roll an appor-
tionment to such property. The Board shall not confirm any
assessment in excess of the special benefits to the property
assesse¢,, and the assessments so confirmed shall be in proportion
to the special benefits. Forthwith after such confirmation such
assessment roll shall be delivered to the Clerk. The assessment
so made shall be final and conclusive as to each lot or parcel
assessed unless proper steps be taken within 30 days in a court of
competent jurisdiction to secure relief. If the assessment
against any property shall be sustained or reduced or abated by
the court, the Clerk shall note that fact on the assessment roll
opposite the description of the property affected thereby.
(11) (a) Any assessment may be paid at the office of the
Clerk within 60 days after the confirmation thereof, without
~nterest. Thereafter all assessments shall be payable in equal
installments, with interest at not exceeding the maximum rate
permitted by law, or, if bonds are issued pursuant to this
ordinance, at a rate not to exceed one percent above the rate of
interest at which such bonds are sold, from the expiration of said
60 days in each of the succeeding number of years which the Board
shall determine by resolution, not exceeding 40; provided,
however, that the Board may provide that any assessment may be
paid at any time before due, together with interest accrued
thereon to the date of payment, if such prior payment shall be
permitted by the proceedings authorizing any assessment bonds or
other obligations for the payment of which such special
assessments have been pledged.
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(b) All such special assessments may be collected by the tax
collector at the same time as the ad valorem taxes of the Unit and
general county taxes are collected by the tax collector if the
Board shall, prior to the confirmation of the resolution ordering
the improvements pursuant to subsection (4) hereof, have entered
into an agreement with the Property Appraiser and otherwise met
the requirements of Section 197.0126 Florida Statutes.
(c) All assessments shall constitute a lt~n upon the
property $o assessed from the date of confirmation of the resolu-
tion ordering the improvement, of the same nature and to the same
extent as the lien for general county taxes falling due in the
same year or years in which such assessments or installments
thereof fall due, and any assessment or installment not paid when
due shall be collectible with such interest and with a reasonable
attorney's fee and costs, but without penalties, by the Unit by
proceedings in a court of equity to foreclose the lien or assess-
ments as a lien for mortgages is or may be foreclosed under the
laws of the state; provided that any such proceedings to foreclose
shall embrace all installments of principal remaining unpaid with
accrued 'interest thereon, which installments shall, by virtue of
the institution of such proceedings, immediately become due and
payable. The collection procedure described herein shall be an
additional or alternative method to the method of collection
described in subsection (11)(b) above.
(d) Nevertheless, if prior to any sale of the property under
decree of foreclosure in such proceedings, payment be made of the
installment or installments which are shown to be due under the
provisions of the resolution passed pursuant to subsection (10),
and by this subsection, and all costs including interest and
attorney's fees, such payment shall hay, the effect of restoring
the remaining installments to their original maturities as
provided by the resolution passed pursuant to this subsection and
the proceedings shall be dismissed.
(e) It shall be the duty of the Board to enforce the prompt
collection of assessment by the means herein provided, and such
duty may be enforced at the suit of any holder of bonds issued
under this ordinance in a court of competent Jurisdiction by
mandamus or other appropriate proceedings or action.
(f) Not later than 30 days after the annual installments are
due and payable, it shall be the duty of the Board to direct the
attorney or attorneys whom the Board shall then designate, to
institute action within two months after such direction to enforce
the collection of all special assessments for assessable improve-
ments made under this section and remaining due and unpaid at the
time of such direction. Such action shall be prosecuted in the
manner and under the conditions in and under which mortgages are
foreclosed under the laws of the state.
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(g) It shall be lawful to Join in one action the collection
of assessments against any or all property assessed by virtue of
the same assessment roll unless the court shall deem such Joinder
prejudicial to the interest of any defendant. The court shall
allow a reasonable attorney's fee for the attorney or attorneys of
the Unit, and the same shall be collectible as a part of or in
addition to, the costs of the action.
(h) At the sale pursuant to decree in any such action, the
Unit may be a purchaser to the same extent as an individual person
or corporation, except that the part of the purchase price repre-
sented by the assessments sued upon and the interest thereon need
not be paid in cash. Property so acquired by a Unit may be sold
or otherwise disposed of, the proceeds of such disposition to be
placed in such fund as provided by any resolution authorizing the
issuance of assessment bonds provided, however, that no sale or
other disposition thereof shall be made unless the notice calling
for bids therefor to be received at a stated time and place shall
have been published in a newspaper of general circulation,
published in the county, at least 20 days prior to such
disposition.
(12) Ail assessments and charges made under the provisions of
this section for the payment of all or any part of the cost of any
assessable improvements for which assessment bonds shall have been
issued under the provisions of this ordinance, or which have been
pledged as additional security for any other bonds or obligations
issued under this ordinance, shall be used for the payment of
principal of or interest on such assessment bonds or such other
bonds or obligations.
(13) The county and the school district and, any other
political subdivision wholly or partly within the Unit shall
possess the same power and be subject to the same duties and
liabilities in respect of assessment under this section affecting
the real estate of such county, school district or other political
subdivision which private owners of real estate possess or are
subject hereunder, and such real estate of any ~uch county, school
district and political subdivision shall be subject to liens for
said assessments in all cases where the same property would be
subject to such liens had it at the time the lien attached been
owned by a private owner.
(14) If any special assessment made under the provisions of
this chapter to defray the whole or any part of the expense of any
such improvement shall be deemed by the Board to be inadequate to
meet the obligation owed to bondholders, the Board may adjust the
duration of and the interest penalty on installment payments of
the assessment so that payments of special assessments shall be
sufficient to satisfy the contractual obligation owed by the Unit
to bondholders. However, such adjustment shall not have the
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effect of increasing the special assessment of any property,
including the effect of increasing the amount of assessment of any
property in proportion to the amount of benefits conferred on that
property, nor shall such adjustment increase the interest rate or
the installment payment period beyond the interest rate and
payment period set forth in subsection (ll)(a). Further the
Board, in adjusting the interest rates and the period of payment
of assessments, shall follow the provisions of this section
providing for notice and hearing to interested persons and
providing for passage of resolutions establishing special
assessments.
SECTION 3.
(1) The Board for and on behalf of the Unit is authorized to
provide from time to time for the issuance of assessment bonds to
pay all or part of the cost of improvements. The principal of and
interest on any such bonds shall be payable from the pledge of
special assessment levied pursuant to this ordinance or by a
pledge of the full faith and credit of the Unit, if such full
faith and credit pledge be authorized by referendum. The bonds
shall be dated, shall bear interest at such rate or rates as shall
not exceed the maximum rate permitted by law, shall mature at such
time or times not exceeding 40 years from their date or dates as
may be determined by the Board and may be made redeemable before
maturit]', at the option of the Board, under such terms and condi-
tions and at such prices us may be fixed by the Board prior to the
issuance of such bonds. The Board shall determine the form of the
bonds, including any interest coupons to ~:e attached thereto, and
shall fix the denomination or denominations of the bonds and the
place or places of payment of principal and interest, which may be
at any bank or trust company within or without the state. Such
authorizing resolution may further provide that such bonds may be
executed manually or by the engraved, lithographed or facsimile
signature of the chairman of the Board. The seal of the county
may be affixed or lithographed, engraved, or otherwise reproduced
in facsimile on such bonds and shall be attested by the manual or
facsimile signature of the Clerk. In case any officer whose
signature or a facsimile of whose signature shall appear on the
bonds shall cease to be such officer before the delivery of such
bonds, such signature or facsimile shall nevertheless be valid and
sufficient for all purposes the same as if he had remained in
office until such delivery. Ail bonds issued under the provisions
of this ordinance shall be and constitute and have all the
qualities and incidents of negotiable instruments under the law
merchant and the negotiable instruments law of the state. The
bonds may be issued in coupon or registered form as the Board may
determine in such authorizing resolution and provision may be made
for the registration of any coupon bonds as to principal alone and
also as to principal and interest, and for the reconversion of
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coupon bonds or of any bond registered as to principal and
interest. The issuance of such bonds shall not be subject to any
limitations or conditions contained in any other law and the Board
may sell such bonds in such manner, either at public or private
sale, and for such price, as it may determine to be for the best
interest of the Unit, but no such sale shall be made at a price so
low as to require the payment of interest on money received
therefor at a rate in excess of the maximum rate permitted by law,
computed with relation to the absolute maturity of the bonds in
accordance with standard tables of bond values, excluding,
however, from such computation the amount of any premium to be
paid for the redemption of any bonds prior to maturity.
SECTION 4.
This ordinance shall be supplemental to Ordinance 81-94,
creating the Pine Ridge Industrial Park Municipal Service Taxing
and Senefit Unit. The provisions of this ordinance shall be
deemed to be an additional and supplemental method of providing
the municipal services the Unit is authorized by Florida law to
provide.
SECTION 5.
This ordinance shall take effect as provided by law.
ADOPTED THIS 18th day of June
, 1985.
APPROVED AS TO FORM AND LEGALITY
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY
CHAIRMAN '
This orcflnonce F/led with the
fory of ~te's Office the
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te-303-052285-4
STATE OF FLORIDA )
COUNTY OF COLLIER )
I, WILLIAM J. REAGAN, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true original ors
ORDINANCE 85-32
which was adopted by the Board of County Commissioners during
Regular Session on the 18th day of June, 1985.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 24th
day of June, 1985.
WILLIAM J. REAGAN
Clerk of Courts and Clerk
Ex-Officio to Board of ~
County Commissioners ~"'
~puty Clerk' 5' ~