Ordinance 80-051 COUNTY ORDINANCE NO.
AN EMERGENCY ORDINANCE O" COLLIER COUNTY, FLORIDA,
PROVIDING FOR THE ACQUISITION AND CONSTRUCTION
OF COUNTY TRANSPORTATION, ROADS AND RELATED PRO-
JECTS; PROVIDING FOR TIlE ISSUANCE OF REVENUE
BONDS BY THE COUNTY OF COLLIER, FLORIDA, TO
FINANCE THE COST THEREOF; PROVIDING FOR THF~ZR c~
PAYMENT FROM REVENUES~ IF ANY, DERIVED FRO~TH~
SEVENTH CENT GAS TAX ALLOCATED TO T.E COUN~%~O
Tile NINTH CENT GAS TA~( IMPOSED ~ THE COUN~!~%~"_
AND ANY OTtlER SPECIAL FUNDS AUTHORIZED TO ~ ~
PLEDGED DERIVED FROM SOURCES OTHER T~AN AD~ ~ ~
VALOREM TAXATION; PROVIDING FOR THE RIGHTS %F'~ ~
THE }IOLDERS OF SUCH BONDS; PROVIDING THE M~O~_'
BY WHICH THIS ORDINANCE S~ALL BECOME EFFE~ c:~
WIIEREAS, pursuant to Article VIII, Section 1 of the Con-
stitution of the State of Florida and Section 125.66, Florida
Statutes, the Board of County Commissioners of Collier County,
Florida, has all powers of local self-gover'~ment to perform
County functions and to render services in a manner not ~ncon-
sistent with general or special law and such power may be
cisud by the enactment of County ordinances; and
WHEREAS, it is necessary for the public health, safety
and general welfare of the County and ~.ts citizens that p=ovis~on
be made for the acquisition and construction of rights of way,
County transportation, roads and related projects which serve
County purpose and for financing the cost of such projects;
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA~
SECTION 1. DEFINITIONS. As used in this ordinance, the
following words and terms shall have the following mean~gs,
some other meaning is plainly intended~
(1) The word "County' shall mean Collier CountyA
Florida.
(2) The term "Board" shall mean the Board of Coun~
Comminntoners of Collier County, Florida.
(3} The term "project' shall include all property,
rights, easements and franchises relating thereto and deemed
necessary or convenient for the construction o~ acquisition o~
the operation thereof, and shall include the acquisition or
construction of transportation facilities, the construction,
reconstruction and maintenance of roads and the construction and
reconstruction of transportation related public safety activities.
and the maintenance and operation of transportation facilities,
which serve a County purpose.
(4) ~e term "bonds" shall mean the obl£ge=ions issued
by the County under the provisions of this Ordinance to pay =he
cost of e prelect or combination of one Or more pro, acts and
payable from the revenues derived from =he operation of the pro-
Ject, if any, the seventh cent gas tax allocated to Collier
County and the ninth cant gas =ax imposed by the Count7 and an7
other special funds authorized to be pledged as additional
security therefor under this Ordinance.
(5) "Seventh cent gas tax" shell mean the tax of one
cent ($.01) per 8ellen on motor fuel levied by Sec=ion 206.60,
Florida Statutes, and specie1 fuel levied by Sec=ion 206.87,
Florida Statutes, and allocated to the County pursuant to th,
provisions of subsection (2)(b) of Section 206.60 and subsection
(2) of Section 206.875, Florida Statutes.
(6) "Ninth cent gas tax" shall mean the tax of one
cent ($.01) per 8allen on motor fuel and special fuel imposed by
the County pursuant to Section 336.021, Florida Statutes, approved
at a County-wide referendum on March 11, 1980, and taxed and
collected under Chapter 206, Florida Statutes, as provided in
County Ordinance No. 80-_~enacted June 3, 1980.
(?) "Gas taxes" shall mean, collectively, the
seventh cent ~as tax and the n~nth cent Ea~ tax.
(8) The term "cost of a prelect" shall mean the cost
of acquiring or constructing such pro~ect, and the cost of improve-
ments, and s~all include the cost of all labor and materials, the
cost of all lands, property, rights, easements, and franchises
acquired, which are deemed necessary for such acquisition or con-
struction, the cost of all machinery and equipment, financinS
eh~r~es, interest prior to end durin~ construction end for one
year after the completion of construction, bond discount~ if any,
engineering and legal expenses, cost o£ plans, specifications,
surveys, estimates of construction costs and of revenues, other
expenses necessary or incident to determining the feasibility or
practicability of such acquisition or construction, administra-
tive expenses, and such other expenses al maM be necessary or
incident to the financing herein authorized and to such acquisition
or construction and the placing of the project in operation.
SECTION 2. GENERAb PO~ERS. The County is herebM autho-
rized and empowered~
(1) To acquire by purchase or to construct, or pertly
acquire and partly construct, and to improve, repair, reconstruct,
own, operate and maintain any proJect~ provided, however, that no
such project may be constructed, owned, operated or maintained by
the County on property located within the corporate limits o~ any
municipality ~lthout ~he consent of the qovernin~ body of such
municipality.
(2) To issue bonds to pay the cost of a project payable
from the revenues derived from the operation of a project, if any,
and the ~ss taxes, or either or any portion thereof~ any other
special funds pledged therefor as provided herein, excepting only
ad valorem taxes upon real property.
{3) To fix end collect rates, fees, tolls, rentals or
other char~es for the services smd £acilitles £urnished bM such
project to the extent applicable.
~) To acquire in the name of the County, either bM
purchase or the exercise of the right o~ eminent domain, such
lands and rights and interest therein, includin9 lands under
water and riparian rights, and to acquire such personal property,
as it may deem necessary in connection with the construction,
construction, improvement, extensiom, enlargement, operation or
maintenance o~ a~,y project.
(S~ To ma~ and enter into all contracts and agreements
neces~ary or incidental to the performance o~ its duties and the
execution of its powers under this ordAnance, and to emploM such
consulting engineors, attorneys, accountants, construction and
,.
financial experts, superintendents, managers, and other employee~
and agents as may, in the judgment of the Board, be deemed neces-
sary, to fix their compensation.
(6) To receive and accept from any federal or State
agency grants for or in aid of the planning, construction, recon-
struction or financing of any project, and to receive and accept
aid or contributions from any source of either money, property,
labor or other things of value, to be held, used and applied only
for the purposes for which such grants and contributions may be
made.
SECTION 3. NEITHER CREDIT NOR TAXING POWER PLEDGED.
(1) Bonds issued under the provisions of this ordinance
shall not be deemed to constitute a debt of the County or a pledge
of the f. ith and credit of the County, but such bonds shall be
payable from the project revenues, if any, and the gas taxes, or
either or any portion thereof, and any other special funds pledged
for the payment of such bonds as provided herein. All such bonds
shall contain a statement on their face to the effect that the
County is not obligat3d to pay the sams or the interest thereon
except from the funds provided for in this ordinance, and that
the faith and credit of the County are not pledged to the payment
of the principal or interest of such bonds.
(2) The issuance of bonds under the provisions of this
ordinance shall not directly or indirectly or contingently obli-
gate the County to levy or to pledge any fo~ of ad valorem taxa-
tion upon real property therefor. No holder of any such bonds
shall ever have the right to compel any exercise of the ad valorem
taxing power on the part of the County to pay any such bonds or
the lnterect thereon or to enforce payment of such bonds or the
interest thereon against any property of the County, nor shall
such bonds constitute a charge, lien or encumbrance, legal or
equitable, upon any property of such County, except such funds
pledged for the payment of such bonds.
SECTION 4. PURCHASE OF PROJECTS. The Board is hereby
authorized to acquire by purchase, whe~evar it shall deem such
purchase expedient, any project as hersinabove defined, or any
such project, wholly or partly constructed, and any franchise,
easements, permits and contrac=s for =he cons=ruc=ion of any such
project, upon such terms and at such prices as may be reasonable
and can be agreed upon be=ween =he Board and =he owner =hereof,
title to be taken in the name of =ha County. The Board may issue
bonds, as hereinafter provided, =o pay =he cost of the acquisi=ion
of such project.
SECTION 5. BONDS.
(1) THe Board shall have =ha power and i= ishereby
authorized to provide by resolu=ion, at one time or from time
time, for thc issuance of bonds for =he purpose of paying all or
a part of tbs cost, as hereinabove defined, of any one or more
projects, or any combination thereof as a single proJec=. The
principal and in=erest of such bonds may be payable solely from
the proceeds of the project revenues, if any, the gas taxes or
either or a portion of such gas =axes and any o=her special funds
authorized to be pledged as additional security =harefor under
this Ordinance for such payment, or a combine=ion of any or all
of such sources, in =he Board's discre=lon. The bonds of each
issue shall be dated, shall bear in=ares= at such
shall mature at such time or times no= exceeding ~hirty (30) years
from June 1, 1980, as may be determined by the Board, and
may be made redeemable before ma=urity, at the op=ion of the
County, at such price or prices and under such terms and con-
ditions as may be fixed by the Board prior to the issuance of the
bonds. The Board shall determine the form of the bonds and =he
interest coupons to be attached =here=o, the manner of executing
=he bonds and coupons, and shall fix the denomina=ion or denomina-
tions of the bonds and the place or places of paymen=s of the
principal and interest which may be a= any bank or =rue= company
within or without the S=ate of Florida. In case any officer
-5-
whose signature or a facsim£1e of whose signature shall appear on
any bonds or coupons shall cease to be such officer heifers the
delivery of such bonds, such signaturs or such facsimile shall
nevertheless be valid and sufficient for all purposes the same as
if he had remained in office until such delivs~y.' All bonds
issued under the provisions of this ordinance shall have and are
hereby declared to be and to have all the qualities and incidents
of negotiable instruments under the laws of the State. Provision
may be made for the registration of any of the bonds in the name
of the owner as to principal alone and also as to both principal
and interest, and for the reconversion of any of the bonds
registered as to both principal and interest into coupon bonds.
Such bonds may be issued without regard to any limitation on
indebtedness prescribed by any law and shall not be included in
the amount of bonds which the County may be authorized to issue
under any statute. The Board may sell such bonds in such manner
and for such price as it may determine to be for the best
interest of the County. Prior to the preparation of definitive
bonds, the Board may, under like restrictions, issue interim
receipts, interim certificates, or temporary bonds, with or
without coupons, exchangeable for definitive bonds when such
bonds have been executed and are available for delivery. The
Board may also provide for the replacement of any bonds which
shall become mutilated, or be destroyed or lost. Such bonds may
be issued without any other proceedings, or the happening of any
other conditions or things than those proceedings, conditions or
things which are specifically required by this ordinance.
(2) The proceeds of such bonds shall be used solely for'
the payment of the cost of the project, and shall be disbursed in
such manner and under such restrictions, if any, as the Board may
provide. If the proceeds of such bonds, by error of estimates or
otherwise, shall be less than the cost of the project, additional
bonds may in like manner be issued to provide the amount of such
deficit, and, unless otherwise provided in the resolution, shall
be doemed to be of the same issue and .hall be entitled to payment
from the same fund without preference or priority of the bonds
first Issued for the same project. If the p~oceeds of bonds
issued for any project shall exceed the cost thereof, the surplus
may be paid into the fund provided fo= the payment of pr~ncipal
of and the interest on such bonds or for any lawful purpose.
(3) In the event that the County heretofore acquired or
constructed a project as hereinabove defined, and, to pay the
cost of such acquisition or construction thereof, shall have
issued bonos payable from the funds ~rov~ded for herein, and in
the further event that the County shall desire to construct addi-
tions, extensions, Improvements or betterments to such project or
to acquire by purchase or to construct an additional project and
to combine such additional project with the project theretofore
purchased or constructed, and to refund such outstanding bonds,
the County may provide for the issuance of a single issue of
bonds under the provisions of this ordinance for the combined
purposest
(a)
(b)
of refunding such bonds then outstanding, and
of constructing such ddditiona, extensions, improve-
manta or betterments or of acquiring by purchase or of constructing
such ~dditional pco]ect, and the principal of and interest on such
bonds shall be payable from the funds pledged therefor as provided
herein.
(4) The resolution providing Eot the issuance of the
bonds may ~lso contain such ~tmttations upon the lseuance of a~di-
ttonal bon~s as the Ooard may deem proper, and such additional
bonds shall be issued under such restrict~one and l~mitations as
may be p~escribed by such resolution, A~i moneys received from
any bonds issued and sold under the provis~ons of th~s ordinance
sh=ll be applied solely for the purposes for ~hich the bonds
shall be authorized or to the sinking £und created for the
9aymQnt of such bomds.
SECTION 6. PLEDGE OW SEvENTH CENT GAS TAX AND NINTH
CENT GAS TAX.
(1) The County may pledge the proceeds of the seventh
cent ga8 tax and/or the ninth cent gas tax, as defi~ed herein, or
portions thereof as security for the payment of the principal of
and interest on any bonds issued hereunder, or for reserves for
such debt service.
(2) In the event of the pledge of such seventh cent
gas tax and/or ninth cent gas tax, as provided herein, such
pledge shall be and constitute a valid end legally binding contract
between the County and the holders of such bonds as the case may
be, and the County shall be obligated to continue to receive and
apply s~.d gas taxes, or either or a portion thereof, in accordance
with the proceedings which authorized the issuance of the bonds
for which said gas taxes are so pledged as security as long as
any of said bonds are outstanding and unpaid. The County shall
likewise be obligated to collect and apply all revenues, if any,
derived from said project in accordance with proceedings authorizing
the issuance of said bonds. '
SECTION 7. TRUST FUNDS. Ail moneys received pursuant
to the authority of this Ordinance, whether as proceeds from the
sale of bonds or as revenues, shall be held by tbs County or its
agent in trust for the benefit of the holders from time to time
of any bonds issued pursuant to this Ordinance.
SECTION 8. REMEDIES OF BONDHOLDERS. Any holder of
bonds issued under the provisions of this Ordinance or any of the
coupons attached thereto, except to the extent the rights herein
given may be restricted by resolution passed before the issuance
of the bonds, may by suit, action, mandamus or other proceedings,
protect and enforce any and all rights under the laws of the
State or granted hereunder or under such resolution and may
enforce and compel the performance of all duties required by this
Ordinance, or by such resolution, to be performed by the County
or the Board, or by any officer thereof.
SECTION 9. ADDITIONAL SECURITY. The County may
additionally pledge for the payment of the principal o~ and
interest on any bonds issued hereunder any funds of the County
legally available for such purpose buC der£ved from sources other
than ad valorem taxation upon real property.
SECTION 10. This Board does hereby declare chaC an
omergancy exists and thaC immediate enactment of Chie Ordinance
is necessary, and by no less than £our-fi£chs (4/5) vote of the
membership o£ cbs Board does hereby waive notice o£ intent to
consider Chis Ordinance.
SECTION 11. A certified copy of this Ordinance, as
enacted, shall be filed by the Clerk of the Board with the
Department o£ State of the State of Florida, as soon after enact-
ment as is practicable by depositing'the same with the postal
authorities of the Government of the United States for special
delivery by re&istered mail, postage prepaid, Co the Florida
Department of State. This Ordinance shall take effect when a
copy has been accepted by the postal authorities of the Government
o£ the United Scares £or special delivery by registered mail to
the Florida DePartment of State.
PASSED AND DULY adopted on this 3r~ day of June, 1980.
BOARD OF COUNTY COM}tlSSIONERS
COLLIER COUNTY, FLORIDA
Collier County Attorney
This onttnance filed with the Secretary of State's
Office this 6th day of June, lg80 and
acknowledgement of that filing received
this 9th day of ~une, 1980.
oox 011
b'rATl! OF FM)RIDA ')
COUNTY OF COLLIER
I, WILLI&~t J. III~C,~, Clerk o£ Courts in ~nd £or the A~ntioth
Judicial Circuit, Collier Count),, Florida, do hereby certify that the
foregoing is a true original of:
~vhich was adopted by the Board of County Ce~nissioners during Regular
Session via emeregncy procudurea an the 3rd day of June, 1980.
IIITN]~,SS my hand and tho of£tcial seal of the Board of Co~mty
Co~tssioners of Collier County, Florida, this
WILLIAm! J. RFAC.~
Clerk of Courts and Clerk
l~x-officto to Board of
Court t~ Cc~/t~stoners ,
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