Ordinance 72-11NOTICr
rlrt'£CTIV£ OE:CEMBER l?, ]~72
~,ECRETARY OF STATE'S BURKAU OF LAW~
T£L£PHONE: t~UMBER (t*~04~ 4~-2766
December 21, 1972
Mr. Ben D. Driver
Fiscal Officer
Board of County Commissioners
Collier County
County Courthouse
Naples, Florida
Dear Mr. Driver:
Pursuant m the provisions of Section 125.66, Florida Statutes,
this will acknowledge your letter of December 19, the original and
an official copy of Collier Count7 Ordinance No. 72-11, which was
filed in chis office on December 21, 1972.
The original copy showing the filing date is being returned for
your records.
Kindest regards.
Cordially,
RICHARD (DICK) STONE
Secretary of State
Chief, Bureau of Laws
NK/mc
Enclosure
BOOK i PAOE 164-A
AN ORDINANCE RELATING TO ~{E ACQUISITION, CON-
STRUCTION, FURNISHING AND EQUIPPING OF COUNTY
CAPITAL PROJECTS IN COLLIER COUNTY, FLORIDA;
AUTHORIZING ~{E ISSUANCE OF BONDS BY THE BOARD
OF COUNTY COMMISSIONERS OF COLLIER COUNTY,
FLORIDA. TO FINANCE THE COST OF SUCH PROJECTS,
REPAYABLE FROM THE RACE TRACK FUNDS AND JAI
ALAI FRONTON FUNDS ACCRUING ANNUALLY TO COLLIER
COUNTY; 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 Co~missioners
of Collier County, Florida, has all powers of local self
government to perform county functions and to render county
services in a manner not inconsistent with general or special
law and such power may be exercised by the enactment of
county ordinances; and
~]tEREAS, it is necessary for the public health,
safety and general welfare of the county and its citizens
that provisions be made for the acquisition and construction
of capital projects which serve a 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. The Board of County Com~issioners of
Collier County, Florida; hereinafter referred to as the
"Board"; is hereby authorized to acquire, construct, furnish
and equip county projects; hereinafter called "projects".
SECTIONS 2. To pay the cost of such proJects~ as
above described, the Board is authorized to issue bonds from
time to time; hereinafter referred to as "bonds". Such bonds
may be in coupon form, in such denomination or denominations,
bear interest at such rate or rates not exceeding seven and
one-half per centum (7 1/2%) per annum and shall mature at
such time or times not exceeding thirty (30) years from their
date or dates as may be determined by the Board.
The bonds may be made redeemable before maturity, at the option
of the Board, at such price or prices and under such terms
and conditions aa may be fixed by the Board prior to their
issuance. The Board shall 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 bonds
shall be signed either by manual or facsimile signatures of
the Chairman and Clerk of the Board, provided that such bonds
shall bear at least one (1) signature which is manually ex-
ecuted thereon, and the coupons attached to such bonds shall
bear the facsimile signature or signatures of such officer
or officers as shall be designated by the Board. The bonds
shall have the seal of the Board affixed, imprinted, re-
produced or lithographed thereon, all as may be prescribed
in the resolution or resolutions authorizing the issuance
thereof. The bonds shall be sold at public sale or private
sale at such price or prices as the Board shall determine to
be in the best interest, provided that the price shall be
not less than ninety-five per centum (95%) of the par value
of the bonds sold.
SECTION 3. The principal of and interest on tho
bonds issued hereunder will be payable from the race track
funds and iai alai fronton funds accruing annually to Collier
County, pursuant to Chapters 550 and 551, Florida Statutes,
as allocated to the Board pursuant to law.
SECTION 4. The bonds shall also be and they are
hereby constiteted negotiable instruments under the law mer-
chant and the laws of the State of Florida.
SECTION 5. The bonds shall be and they are hereby
constituted as legal investments for any state, county, mun-
icipal or other public funds or for any bank, savings bank,'
trustees, executors, guardians, or any trust or fiduciary
funds whatsoever. Such bonds shall also be and constitute
legal securities which may be deposited by any bank or trust
company for the security of state, county, municipal or other
public funds.
DO0~
SECTION 6. No referendum or election in Collier County
shall be required for the exercise of any of the provisions
of this ordinance, unless such referendum or election is re-
quired by the Constitution of Florida.
SECTION 7. The cost of the projects may be deemed
to also include, but not be limited to, the coet of ac-
quisition of sites, legal, engineering, fiscal, architectural
fees and fees of any other experts or consultants employed
by the Board, engineering or architectural etudies, sur-
veys, plans and designs for said projects; provisions for
debt service reserves, bond discount, the expense of the
issuance, authorization and sale of said bonds including
advertisement, notices and other proceedings in connection
therewith; and such other expenses as are necessary, in-
cidental or appurtenant to the purposes authorized hereunder.
SECTION S. The county does hereby covenant with
the holders of such bonds that it will not enact any ordinance
which will repeal, impair or amend in any manner the rights
of such holders or the security of the funds which may be
pledged to the payment of the principal of and interest on the
bonds issued pursuant to the provisions of'this ordinance.
SECTION 9. This ordinance shall not be deemed to
repeal or supersede any other law or laws, but shall be
considered as supplemental and additional authority to
said Board to carry out and perform the powers provided in
this ordinance.
SECTION 10. (1) The Board may enact this ordinance
at any regular or special meeting provided that notice of
intent to consider euch ordinance has been given in a
newspaper of general circulation within Collier County, at
least fifteen days prior to such meeting, excluding Sundays
and legal holidays. Such notice shall be made by the clerk
of the Board and kept in a separate book open to the public
for inspection during the regular business hours of his office.
(2) A certified copy of this ordinance, as enacted,
shall be filed by the clerk with the office of tho Secretary
of State of Florida within ten days after enactment, and
this ordinance shall take effect upon receipt of official
acknowledgement from the Secretary of State that said or-
dinance has been filed with said office,
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David Emerson Brunet,
County Attorney,
Collier County, Florida