Ordinance 77-58ORDINANCE NO. 77-58
AN ORDINANCE OF THE COUNTY OF COLLIER, FLORIDA
PROVIDING FOR THE CREATION OF A WATER AND SE%.~R
D~S~ICT IN COLLIER COUNTY, TO BE KNOWN AS THE
M~ WATER AND SEWER DISTRICT, HAVING ALL THE
W~ OF A COUNTY WATER AND SEWER DISTRICT
F~ED PURSUANT TO CHAPTER 153, PART II,
~g..I~DA STATUTES; AND ALSO THE POWERS OF A
~PAL SERVICE BENEFIT OR TAXING UNIT PUR-
Sd~AN~TO FLORIDA STATUTES, CHAPTER 125, AND
A~RIZING THE UTILIZATION OF ALL THE POWERS
GRANTED COUNTIES BY FLORIDA STATUTES, CHAPTER
153, PART II: PROVIDING FOR THE ACQUISITION AND
CONSTRUCTION OF WATER DISTRIBUTION FACILITIES
AND SEWAGE COLLECTION AND TREA~4ENT FACILITIES
AND APPURTENANT FACILITIES IN SUCH DISTRICT:
PROVIDING FOR THE LEVYING OF AD VALOREM TAXES
AS AUTHORIZED BY LAW; PROVIDING FOR THE ISSUANCE
OF REVENUE OR ASSESSMENT BONDS BY THE DISTRICT
TO FINANCE THE COST THEREOF; PROVIDING FOR THE
PAYMENT OF SUCH BONDS FROM REVENUES DERIVED
FROM THE OPERATION OF SUCH FACILITIES AND/OR
ASSESSMENTS AGAINST PROPERTIES SPECIALLY BENE-
FITED BY SUCH FACILITIES AND ANY OTHER SPECIAL
FUNDS AUTHORIZED TO BE PLEDGED BY SUCH CHAPTER
153, PART II; PROVIDING THE METHOD BY WHICH
THIS ORDINANCE SHALL BECOME EFFECTIVE.
WHEREAS, pursuant to Article VIII, Section 1 of the
Constitution 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-
government to perform County functions and to render ser-
vices in a manner not inconsistent with general or spe~ ~ 'TI.. _
law and such power may be exercised by the enactment o~ ." = ~--
County ordinances; and ,,~ ~ ITl
W1IEREAS, it is necessary for the public health, s~y ~ ~
and general welfare of the County and its citizens that
provision be made for the acquisition and construction of
water supply and distribution facilities and sewage collec-
tion and treatment facilities and related facilities which
serve a County purpose and for financing the cost of such
projects; and
~IEREAS, it is necessary for the public health, safety
and general welfare of the County and its citizens that a
water and sewer district, having all the powers of a county
water and sewer district under Chapter 153, Part II,'Florida
Statutes, be created for such purposes for the unincorporated
area of the County hereinafter described; and
~{EREAS, Section 125.01, Florida Statutes, provides
that the governing body of a county shall have the power to
establish special districts for any part or all of the
county within which may be provided municipal services, and
WHEREAS, Chapter 165, Florida Statutes, provides that
the exclusive procedure for forming any special district
created pursuant to general law for the purposes of perfor-
ming prescribed specialized functions within limited boundaries
shall be by special act of the legislature or by county
ordinance of the county having Jurisdiction over the area
affected;
WHEREAS, Chapter 153, Part I, Florida Statutes provides
that counties may, among other things, construct water
and/or sewer system improvements, all as more particularly
described in Florida Statutes, Section 153.03 and may establish
water and sewer districts for the accomplishment of same
pursuant to Section 153.08 and
WHEREAS, said Chapter 153 Part I provides that said
Part shall be deemed to provide an additional and alterna-
tive method for the doing of the things authorized thereby;
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
meanings, unless some other meaning is plainly intended:
(1) "Act" shall mean Chapter 153, Part II, Florida
Statutes.
(2) "Board" shall mean the Board of County Commissioners
of the County.
(3) "Bonds" shall mean the obligations issued by the
District under the provisions of the Act and this Ordinance
to pay the cost of a project or combination of one or more
projects and payable from the revenues derived from the
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operation of a project, or proceeds of assessments levied
against properties specially benefited by a project or any
other special funds authorized to be pledged as additional
security therefor under the provisions of the Act, or payable
from any combination of such revenues, assessments or ocher
funds.
(4) "Cost" shall have the same meaning as such term is
defined in the Act.
(5) "County" shall mean Collier County, Florida.
(6) "District" shall mean the Marco Water and Sewer
District hereby created.
(7) "Project" shall include all property and rights,
easements and franchises relating thereto and deemed n~ces-
sary or convenient for the construction or acquisition or
the operation thereof, and shall include the acquisition or
construction of any water system and/or sewer system as
defined in the Act and any combination thereof.
SECTION 2. CREATION OF DISTRICT. The following des-
cribed unincorporated contiguous area of the County is
hereby declared to comprise the District, towit:
Ail of Marco Island except th~ areas
known as Old Marco Village and Goodland.
The District shall be a body corporate and politic, having
all the powers granted by the Act to a district created
under the Act, and shall further have all the powers of a
municipal services taxing or benefit unit as authorized by
Florida Statutes, Section 125.01. The Board of the County
shall be the ex officio governing board of the District.
SECTION 3. DISTRICT TO SUCCEED EXISTING DISTRICT. All
property, real and personal, rights, claims, franchise,
licenses and other assets of every kind, and all liabilities
and obligations of every kind, of the existing water and
sewer district comprising the area described in Section 2 of
this Ordinance or any part of said area are hereby vested in
the District, which shall succeed such existing district;
and such exiating district is hereby abolished.
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SECTION 4. POWERS OF DISTRICT. The District shall
have all the powers of a district under the Act, including
but without limitation the power to acquire, construct,
erect, equip, operate and maintain projects and finance the
cost thereof with the proceeds of the bonds of the District.
The District shall further have all the powers of a Municipal
Service Taxing or Benefit Unit as authorized by Florida
Statutes Chapter 125.
SECTION 5. LEGISLATIVE INTENT. The intent of this
Ordinance is to provide a means for financing the construc-
tion of water and/or sewer systems within the lands des-
;
cribed herein. For administrative convenience it is desired
to accomplish these things through the creation of a district
pursuant to Part II, Chapter 153, Florida Statutes. In doing
so, the Board recognizes the apparent conflict between
Part II, Chapter 153, Florida Statutes, which provides
certain procedures for the creation of a district including
petition, public hearing and referendum, and Chapter 165,
Florida Statutes, which provides that special districts may
be created only by ordinance or special act and further
provides that this shall be the exclusive method of creating
special districts and thaC all general or special laws in
conflict with said Chapter 165 are ineffective to the extent
of such conflict. The Board further recognizes that Chapter 125,
Florida Statutes, empowers the Board of County Commissioners
to create districts for the provision of municipal services
including water and sewer systems, and that Part I, Chapter
153, Florida Statutes contains a general grant of power to
counties to do tke things authorized therein, said powers
being deemed supplemental and additional to the powers
conferred by other laws. Accordingly, it is the consensus of
the Board, and the Board does hereby declare, that if the
creation of a district pursuant to Part II, Chapter 153,
Florida Statutes as ordained herein shall be declared by a
court of competent Jurisdiction to be null and void as being
007
unlawfully created by ordinance, then this district shall be
deemed created pursuant to Chapter 125, Florida Statutes,
with all the powers as provided therein, supplemented by
the powers granted counties pursuant to Part I, Chapter 153,
Florida Statutes, and the lands described herein shall be
known as the Marco Water and Sewer District by whatever
authority created, and all acts and things done by the Board
of County Commissioners as the governing board of the
Marco Water and Sewer District shall be deemed to be done
pursuant to the authority granted by Part II, Chapter
153, Florida Statutes, Part I, Chapter 153 Florida Statutes,
or Chapter 125 Florida Statutes as may be appropriate.
SECTION 6. EFFECTIVE DATE. This Ordinance shall take
effect as provided by law.
PASSED AND DULY ENACTED BY THE BOARD OF COUNTY COMblIS-
SIONERS OF COLLIER COUNTY, FLORIDA this 15th day of November,
, .1977.
· ~ , ~.?~'
. ... ,~.~.,
BOARD OF COUNTY COMMISSIONERS
COLLIER J~OUNTY, FLORIDA
C( ~.-"Russ'~ ~im~r, Chairman
Approved as ~and legal
,~,-DOfi~ld~A~PickwOrth
Collier County Atto~ey
STATE OF FLORIDA )
COUNTY OF COLLIER )
I, William J. Reagan, Clerk of Courts in and for the ~,zentieth
Judicial Circuit, Collier County, Florida, do hereby certify that the
foregoing is a true original of Ordinance No. 77-58 x~htch was adopted
by the Board of County Commissioners during Kegu).ar Session November 15,
1977.
WETNESS my hand and the official seal of the Board of County
Commissioners of Collier County, Florida, this 16th day of November, 1977.
WILLIA24 J. REAGAN
Clerk of Courts and Clerk
This ordinance filed with the Secretary Ex-officio to Board of
of State's office the 18th day of Novem- County Cgmm
bmr, 1977 and acknowledgment of that /_'.~.-~----'~~~-..~~~,...' ~[~'" ·
filing received this 28th day of Nov~- By _
ber, 1977. '' D~%lty
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