Ordinance 82-047ORD'-'NAMCE .~0. 8
AN~.EM~GENCY ORDINANCE RELATING TO T~E ACQUI-
SitIOn, CONSTRUCTION, IMPROVEMENT AND EQUIPPING
O~TOUNTY CAPITAL PROJEUTS O~ COLLIER.COUNT~,
FLORIDA~ AUTIIORIZING Tl{h iSSUANCE OF REVENUE
BONDS BY T[~ COUNTY PAYAB~,E FROM ANY ~UNDS OF
THECOUNTY DERIVED FROM SOUrCeS OTHER T~AN AD
VALOREM TAXATION ~ND LEGALL~ AVAILABLE FOR SUCH
PURPOSE~ TO FINANCE THE COST OF SUC~ PROJECTS~
DECLARING AN EMERGE~CY TO EXIST SO AS TO NECES-
SITATE IMMEDIATE ENACTMEN~ OF T~IS ORDINANCE
AND PROVIDING AN EFF~TIYE DATE.
~E.TEAS, pursuant to A~.ticle VIII, Section 1, Florida
C.~:'ititu~on (.~..'¢~) an~ Cha~.r 125, ~'lorida Statutes, t}.~ 8oar~
· . 2oun=y Comni..ioner~ of Co11~...~' County, ~'l~rida, has all powers
c2 l~cal self-government :o perform county functions and to render
county services ir. a mann=u not inconsistent with general
upe~lal law and such power may be 'exercised by the enactment
county ordinances~
~ER~A$, i= is necess~y ~ ~r the pub1 ic health
· :fury ar.d ger.=~.l welfar~ =f the County and its c]~Lens~h{t
[J{vision be made for th~ acquisition, construction, ~mpro~e~
a~d equipping of capital project= ~'hich serve a county
'for fi~ancing the cost of such projects by the pledgi~
~EREAS, the urgent need to f~nance a~d co~ence
~nn~u=uct].on of certain criminal Justice facilities under the
. procedures herein established reguqres the i~ediate enactment
this ordinance.
NOW~ THEREFORE, BE IT O~AINED ~Y ~E BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA~
SECTION 1. The Board of County Co~lssioners
Collier Counl~y, Florida (hereinafter resp~ctively called 'Board'
and 'County'), i~ hereby authorized to acquire, construct, improve
and equip county capital projects (hereinafter called
$~',':0~ ~. To pay the cost of the projects and
other costs incidental and appurtenant thereto, .the Board is
authorized to issue revenues bonds from ti~,e to time (hereinafter
called "o~ligations"). Such obligations Ray be issued in coupon
form or fully registered form, and may be in such denomination or
denominations, bear interest ~ such fa're or rates and shal!
mature at such time or times not exceeding 40 years from their
date or dates as may be determined by the Board. The obligations
may be .made redeemable before maturity, at the option ~ the
Board, at such price or prices and under such terms and cdnditions
as may be fixed by the Board prior to their issuance. The Board
~h~11 determine the place or places of payment of the principal
and interest which may be at any bank or trust company within or
without the state. The obligations shall be signed either by
manual or facsimile signatures of the Chairman and Clerk of the
Board, provided that such obligations shall bear at least one
signature which is manually executed thereon. The coupons
attached to such obligations shall bea~ the facsimile signature of
~ignatures of such officer or off].cers as shall be designated by
thc Board. The obl~gatf~.~ ~Lall have the seal of the Boa~d .
alii'xed, imprint{d, reproduced or lithographed thereon, all as may
be prescribed in the resolution or resolutions authorizing the
issuance thereof. The obligations may be sold. at public or
private sale at such price or p~'~.ces as the Board shall determine
to be in its best interest.
SECTION 3. The principal of an interest on the
obligations issued hereunder shall be payable from all or any
portion of the funds of the County derived from sources other than
ad valorem taxation and legally available for such purpose
(hereinafter called 'non-ad valorem funds').
SECTION 4. The obligations shall be and they are
hereby constituted negotiable instruments under the law merchant
and the laws of 'the State of Florida.
SECTION 5. No referendum in Collier County shall be
required for the exercise of any of the provisions of this
ordinance, unless such referendum is required by the Constitution
of Florida.
BECTION 6. The -qa~ of the pro~ects ~ay be ~eemed
to a~so ln~lu~c (but not be ~imited to), ~',~ cost oE a~quisition
of sites; legal, engineering, fiscal, a=chitectural fees and fees
of a~y other experts or nonsultants employed' by the Board;
engineering or architectural studies; surveys, plans and designs
for the projects; provisions for capitalization cf interest for a
reasonable period after issuance of the oblipations and for debt
service reserves; premiums for municipal bond insurance policies;
the expense of the issuance, authorization and sale of the
obligations, including a~Tertisements, notices and other
~roceedings in connection the~ewith: reimbursement to the County
for a,y temporary funding of the projects; payment of principal of
and interest on and costs and expenses of issuance of a~y short-
term financing, pending issuance of the obligations; the discount
on the sale of the obligations, if any; and such other expenses as
are necessary, incidental or appurtenant to the purposes
authorized hereunder.
S~CTXON 7. The County does hereby covenant with
holders of obligations issued pursuant to this ordinance that it
will not enact any ordinance which will repeal, impair or amend in.
any manner the rights of such holders of the obligations or the
security of the fur. J, WhiCh may be pledged to the payment of
principal of and interest on obligations issued pursuant to this
ordinance.
SECTION 8. The County may, by resolution, issue
obligations to refund any obligations issued pursuant to this
ordinance and provide for the rights of the holders hereof. Such
refunding obligations may be issued in an amount, together with
the investment income thereon, sufficient to pay (a) the principal
of the outstanding obligations; (b) the interest due and payable
on the outstanding ebligations to and including any date upon
which the outstanding obligations shall b= callable prior to
maturity or the dates upon which the principal thereof shall
mature before the same are callable prior to maturity; (c) the
redemption premium, if any; and (d) any expenses of the issuance
and sale of such refunding obligations.
SECTION 9. This ordinance shall not' b~ deemed to
repeal 6r supersede any other la~ or laws, but. s~all be considered
as supplemental and additional authority tot the Board to carry
out and perform the powers authorized herein.
SECTIOF 10. All power and authority granted to the
County by the provisions of this ordinance shall be exercised by
the Board or its successors as the governing body of the County.
SECTION 11. The provisions of this ordinance are
intended to be severable. If any ohe or more sections,
paragraphs, sentences, clauses or provisions shall be held to be
illegal or invalid, the remaining sections, sentences, clauses and
provisions of this ordinance shall .nevertheless stand and be
construed as if the illegal or invalid sections, sentences,
clauses or provisions had not been included herein.
SECTION 12. Ail ordinances or parts thereof in
confliLh with the provisions of this ordinance are, to the extent
of such conflict, hereby repealed.
SECTION 13. There exists an urgent need to finance
and commence construction of certain criminal Justice facilities
under the procedures herein established. The Boar~, having waived
,the notice requirements under Section 125.66(2), Florida Statutes,
by a four-fifths vote of the membership, declares that an ·
emergency exists and that the immediate enactmcnt of this
ordinance is necessary.
SECTION 14. This ordinance shall take effect when .a
copy has been accepted by the postal authorities of the Government
· of the United States for special delivery by registered mail to
the Department of State of the State of Florida pursuant to
Secticn 125.66(3), Florida Statutes.
ADOPTED AFTER MOTION, SECOND, AND AFFIRMATIVE VOTE OF
MEMBERS, THIS 18th DAY OF JUNE, 1982.
ATTEST~ BOARD OF COUNTY COMMISSIONERS
WILLIAM J~.~A~ CLERK OF COLLIER COUNTY, FLORIDA
~ .' ~ ,~,', ..,~
~.',%' ' '~ '.~I
STATE OF FLORIDA )
COUNTY OF COLLIER
I, WILLIAM J. REAOAN, Clerk o'f Courts in and for the Twentieth
Judicial Circuit, Collier County, Florida~ do hereby certify that
the foregoing is a true original of:
ORDINANCE NO. 82-47
which was adopted by the Board of County Commissioners via
emergency procedures during Special Session June 18, 1982.
WITNESS my hand and the official seal of the Board of County
Commissioners of Collier County, Florida, this 18th day of June,
1982. "'
WILLIAM J. REAGAN.
Clerk of Courts and Clerk
Ex-officio to Board
County Commissioners