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Ordinance 71-08 AN ORDINANCE TO BE ENTITLED Ordinance 71-8 ......... ' ~'; .............' ' ' '" ":": '"'""- ': '""'?'" '"?~ ?' :, ,"~,' ),[.~'i'.: .. ':.. AN ORDINANCE RELATING TO COLLIER COUNTY; ESTABLISHING A WATER MANAGEMENT DISTRICT IN A PORTION OF SAID COUNTY; PROVIDING FOR THE GOVERNING BODY OF SAID DISTRICT; PROVIDING FOR THE POWERS AND JURISDICTION OF SUCH DISTRICT; AUTHORIZING SUCH DISTRICT TO CONSTRUCT OR ACQUIRE WATER MANAGEMENT OR DRAINAGE FACILITIES, RESERVOIRS, DAMS, LEVEES, AND OTHER WORKS, STRUCTURES OR FACIL- ITIES, INCLUDING SLUICEWAYS, HOLDING BASINS, FLOODWAYS, PUMI~ING STATIONS AND ALL OTHER WORKS, STRUCTURES OR FACILITIES FOR THE MANAGEMENT, DEVELOPMENT, UTILIZATION AND DISPOSAL OF WATER: AUTHORIZING SUCH DISTRICT TO LEVY AD VALOREM TAXES OR SPECIAL ASSESSMENTS OR BOTH OR ANY COMBINATION THEREOF, IN SAID DISTRICT TO PAY THE COST OF SUCH WATER MANAGEMENT FACILITIES: AUTHORIZING SUCH DISTRICT TO ISSUE BONDS OR OTHER OBLIGATIONS TO FINANCE THE COST OF SUCH WATER MANAGEMENT FACILITIES AND TO PLEDGE FOR THE PAYMENT THEREOF SUCH AD VALOREM TAXES OR SPECIAL ASSESSMENTS LEVIED IN SAID DISTRICT, OR BOTH OR ANY COMBINATION THEREOF: AUTHORIZING SUCH DISTRICT TO LEVY AD VALOREM TAXES FOR THE OPERATION AND MAINTENANCE OF SUCI{ WATER MANAGEMENT FACILITIES OR OTHER CORPORATE PURPOSES OF SUCH DISTRICT~ PROVIDING FOR THE TERMS AND CONDITIONS OF SUCH BONDS OR OTHER OBLIGATIONS AND THE RIGHTS, REMEDIES AND SECURITY OF THE HOLDERS THEREOFJ AUTHORIZ- ING SUCH DISTRICT TO ENTER INTO CONTRACTS OR AGREEMENTS WITH THE UNITED STATES OF AMERICA, OR ANY AGENCY OR INSTRUMENTALITY THEREOF, THE STATE OF FLORIDA, OR ANY AGENCY OR INSTRUMENTALITY THEREOF, OR ANY OTHER PUBLIC BODY, FOR LOANS, GRANTS OR OTHER ASSISTANCE IN THE CONSTRUCTION, ACQUISITION AND FINANCING OF SUCH WATER MANAGEMENT FACILITIES, OR FOR ANY OTHER PURPOSES RELATING TO SUCH WATER MANAGEMENT FACILITIES, AND TO COMI~LY WITH AND FULFILL THE TERMS AND PROVISIONS OF SUCH CONTRACTS OR AGREE- MENTS; PROVIDING THAT THE GOVERNING BODY OF SUCH DISTRICT MAY AG. ENCI _IR SAID DISTRICT AND. CREATE DEPAR NTS, BO,'.'U S OR DELEGATE ADMINISTRATIVE AND OTHER DUTIES RELATING TO SUCH DIS_ TRICTS TO SUCH DEPARTMENTS, BOARDS OR AGENCIES: PROVIDING FOR THE CONSTITUTIONAL SEVERABILITY OF SUCH ORDINANCE; AND PROVID- ING AN EFFECTIVE DATE WHEN THIS ORDINANCE SHALL TAKE EFFECT. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: Section 1. There is hereby established a Water ManaEement District in the area of Collier County described as: PROPOSED BOUNDARY WATER IvIANAGE~IRNT DISTRICT 6 SEPTEMBER 2, 1971 Beginning at the intersection o£ the Easterly Shoreline of tho 6ulf of Mexico and the North Line of Section 34, Township $0 South, Range 2S East, Tallahassee Meridian, Collier County, FLorida, thence Easterly along the said North Line of said Section 34, to the Southwest corner o~ Section 26, said Township and Range; thence Northerly along the West Line of said Section 26 and continuing Northerly along said West Section Lines to the Northwest corner o£ Southwest 1/4 of Section 2, sai~ Township and Range; thence Easterly along the East-~est'l/4 Line of said Section 2 to the Northeast corner of the Southeast 1/4 o£ Said Section 2; thence Northerly along ~est Line of Section 1, said Township and [ange to the Northwest corner of Said Section l; thence Easterly along the Common Line of Townships 49 and $0 South, to the Northeast corner of Section 2, To~mship $0 South, Range 26 East; thence Southerly along the East Line o£ said Section 2 and continuing 5outherly along said East Section Lines to the Southeast corner of Section 14, Township 51 South, Range 26 East; thence ~esterly along the South Line of said Section 14, and continuing Westerly along the said South Section Lines to its intersection with the center off Hall Bay with said South Section Line, Hall Bay, as shown on the Collier--Read Tract Map as Recorded in Plat Book 8 at ·Page 46 of the Public Records of Collier County, Florida.; thence Southerly along the center of Hall Bay and Southwesterly thru the waterway at the Southern end of Hall Bay to the centerline of.tho Intracoastal $taterway~ a marked waterway; thence ~esterly and Northwesterly along said Intracoastal ~aterwaytotho South Line of Section 13, Township S1 South, Range 25 East; thence Westerly along the South Lines of said Section 13 and Section 14 said Township and.Range to .f .,/! Pago 2 o£ 2 $ emb~ 2 1971 WI~R ~A~^Gt~NT DISTRICT 6 PRoPoseD OU D^RY the Easterly Shoreline o£ t~e Cul~ o£ ~oxico~ ~honco Northwesterly along the ~asterly Shoreline o~ the Gul£ o£ Ioxico to its inters~ction ~ith the North Line o£ Sect, ion $4~ Township SO South~ Range 25 ~ast~ being the ~oint o£ ~eginning.' l Section 2. It is hereby declared as a matter of local legis- lative determination that the extensive growth of population and attendant industry and commerce throughout Collier County has given rise to public health and water conservation and control problems in said County causing flooding and lack of drainage or inadequate drainage of lands in said County, wastage of sour- cea of water supply, and soil erosion in said County, and that it is the intenet and purpose of this Ordinance to provide means to alleviate such condition in said County. Section 3. As used in this Ordinance, the following words and terms shall have the following meanings, unless some other meaning is plainly intended: (a) "County Board" shall mean the Board of County sioners of Collier County. (b) "District Board" shall mean the Board of County Com- missioners of Collier County constituting the governing body of the District as provided for in this Ordinance. (c) "Water management facilities" shall mean and shall in- clude any canals, ditches or other drainage facilities, reser- voirs, dams, levees, sluice~ays, holding basins, flooc~ays, pumping stations or any other ~orks, structures or facilities for the conservation, controI, development, utilization and disposal of watcr, and any purposes appurtenant, necessary or incidental thereto, and shall include all real and personal property and any interest therein, rights, easements and fran- chises of any nature whatsoever relating to any such water man- agement facilities and necessary or convenient for the con- struction, acquisition, operations and maintenance thereof. (d) "Cost" aa applied to the acquisition, construction, reconstruction or improvement of ~ter management £acilities shall include the cost of construction, reconstruction, acqui- sition, or improvement; the cost of all labor, material, machin- ery and equipment; the cost o£ all lands and interest therein, real or personal property, rights, easements and franchises of any nature whatsoever; financing charges; interest prior to and during construction and for not more than ~wo years after como pletion of the acquisition, construction, reconstruction or improvement of such water ~anagement £acilities; the creation of Xnitial reserve or debt service funds; bond discount, if any; costs and revenues; cost of engineering, financial and legal services; and all other expenses necessary or incidental in determining the feasibili~y or practicability of such tion construction, reconstruction or improvement; administra- tive expenses and such other expenses as may be necessary or incidental Co financing authorized by this Ordinance, including reimbursement of the county or any other person, firm or corpora- tion for any moneys advanced to the District for any expenses incurred by the District or the County in connection with any of the fore- going items of cost, or the creation of the District. (e) "Assessable improvements" shall mean the portion or portions of such water management facilities of a local nature and of benefit to the premises or lands served thereby and par- ticularly, without limiting the generality of the foregoing, shall include canals, ditches or other drainage levees, sluiceways, floodways and appurtenant facilities which are of benefit to the property served by such facilities. (f) "District Clerk" shall mean the Clerk of Circuit Court in and for Collier County and ex officio Clerk of.the County Board, who shall be clerk and treasurer of the District. (g) "General obligation bonds" shall mean bonds or other obligations secured by the full faith and credit and taxing power of the District and payable from ad valorem taxes levied and collected on all taxable property in the District, without limitation of rate or amount, and which may be additionally secured by the pledse of the proceeds of special assessments levied against bene£ited property, (h) "Assessment bonds" shall mean bonds or other obliga- tions secured by and payable from special assessments levied against benefited lands, and which may be additionally secured by a pledge of the full faith and credit and taxing power of the District. Section 4. The Board of County Commissioners of Collier County shall be ex officio the governing body of such District. Such District shall be a body corporate and politic, exercising essential governmental functions and shall have the power to sue and be sued; to contract; to adopt and uae a common seal and alter the same at pleasure; to purchase, hold, lease or other- wise acquire and convey such real property and personal property and interests therein as may be necessary or proper to carry out the purposes of the Ordinance. The clerk of the County Board shall be ex officio the clerk and treasurer of the District. Section 5. The District Board £or and on behalf o£ any District created hereunder in addition to and supplementing other powers enumerated in this Ordinance~ shall have power (a) To make rules and regulations for its own government and proceedings and to adopt an official seal ~or the District; (b) To employ engineers, attorneys, accountants, finan- cial or other experts and such other agents and employees as said District Board may require or deem necessary to effectuate the purposes of this Ordinance, or to contract for any o£ such services; (c) To acquire, construct, reconstruct or improve water management facilities in and ~or the.District includinS the acquisition of any water management facilities hereto fore con- strutted by any person, Eirm, corporation or other body, or heretofore partially constructed by any person, firm corpora- tion or other body, and the completion of such water manasement £ac~liCies by the District and to have the exclusive control and JurisdicC~on of such water management £ac~lities; co issue its general obligation bonds or assessment bonds~ or any com- bination Chereof~ to pay all or part of the cost of such acqui- sition) construction, reconstruction, or improvement of such water management facilities; provided that the total amount of all general obligation indebtedness of the D~sCr~cC issued pur- suant to this Ordinance shall hOC exceed fifteen percenCum (15%) of the assessed value of the taxable property in the District at the time of the creation of the District, Co be ascertained by the assessed valuations for county taxes in effect at the time of the creation of the District. (d) To levy and assess ed valorem taxes not to exceed five (5) mills per year on all taxable property within the District ~or the purposes of maintaining and operating any im- provement constructed in the Distr~ct, and paying principal of and interest on any general obligat~on bonds which may be issued for the purposes of chis Ordinance, not in excess of the total amount of such general obligation bonds provided for in (c) above. (e) To regulate the supply of water ~lthin the District as it affects the purposes provided in this Ordinance~ and to prohibit any person, firm, corporation or other body constructing water management facilities to the type provided in ~his Ordinance~ with- ouc the approval of the District. (f) To acquire in the name of the Dlscr~c~ by purchase~ gift or the exercise of the righ~ of eminen~ domain, such lands and rights and in~eres~ therein, including lands under water and riparian rights and Co acquire such personal property as i~ may deem necessary in connection with the acquisition~ construction, reconstruction) improvement or operation of such water manage- menC facilities and Co hold and dispose o~ all real and personal proper~y under its control; 5 (g) To exercise exclusive Jurtsd~ct~on~ control and super- v~s~on over any water management facilities o~ned~ operated and ma~ntaSned by the D~str$ct and ~o make and enforce such rules and regulat$ons for the maSntenance and operation of such water management fac~l~tSes as Sn the Judgment of the D~str~ct Board are necessary or desirable for the efficient operation of such water management facilities Sn accomplishing the purposes of th~s Ordinance: (h) To restrain, en~oSn or othe~se prevent the v$ola- t~on of th~s Ordinance or of any resolut~on~ rule or regulat$on adopted pursuant to the powers enumerated by th~s Ordinance: ($) To ~oSn wSth any other DSstr$ct or D~str~c~s~ c~t~es) to~ns~ countSes or other polSt$cal subdSvSs$ons~ publ$c agencSesr or author~tSes Sn the exercSse of co.on powers; (~) To accomglSsh construction b~ holdSng hearings) adver- tSsSng flor construction bSds~ and lettSng contracts for alt or any part or parts on the construction of any water management fac$1~tSes to the lo. est responsSb~e b~dder or b~dders or re~ect- ~ng any and all b~ds a~ frs dSscretfons~ provSded that the may purchase supplies) materSat and &quSpment as waZl as expend £or construction work ~n an amount not to exceed One Thousand Dollars ($1~000.00) total cost of each transact$on wSthout vert~s~ng or receiving b~ds; ~k) Subject to such provSs~ons and restr~ct$ons as ma~ be set forth Sn the resolut$on author~zSng or securing any bonds or other obligat~ons Sssued under the prov~s$ons o~ th~s ance~ to enter ~nto contracts or agreements wSth the Un,ted States America or any agency or Snstrumental~ty thereof) the state or any agency or Snstrumental~ thereof~ or w~th an~ count~t c~pal~ty~ d~str~ct authority or poZ~t$caZ subd~vSs~on~ private corporat$on~ partnershSp, assocSat~on or Snd~v~dua~ providing for or relatSng to water management fac~l~tSes and an~ other matters relevant thereto or otherwise necessa~n~ to effect the ! 99 purposes of this Ordinance) and to receive and accept from the United States of America~ or any agency or instrumentality thereo£, the state or any agency or instrumentality thereof) or any other public body, grants or loans for or in aid of the planning, construct/on, reconstruction~ improvement or financing or any water management facilities and to rece/ve and accept aid or contributions or loans from any other source of either money property~ labor or other things of value~ to be held) used and applied only for the purpose for wh/ch such grants~ contributions or loans may be made. The District shall have power to execute all papers or other documents~ adopt all pro- ceedings and perform all acts necessary to comply with and per- form all such contracts or agreements referred to in this sub- section. Section 6. The D/strict Board for and on behalf of the District is author/zed to prov/de from time to time for the is- suance of general obi/gat/on bonds to pay all.or part of the cost of such water management fac/lities~ w/thin the provided for in this Ordinance; provided, ho~ever~ that the issuance of such general'obligations bonds shall have been approved ac an eleect/on of the qualified electors residing in such Distr/ct, such election to be called, noticed and conducted in the manner provided in the Constitut/on and Statutes of Flor/da for special elections, the bonds of each :ssue a~,all be dated, shall bear interest at such rate or rates a~ shall not exceed seven end one half percentum (?~%) per annum, shall mature at such time or times not exceeding forty (40) years from their date or dates as may be determined by theD/strict Board and may be made redeemable before maturity, at the option of the ~istrict Board, under such terms and condit/ons at such prices as may be fixed by the District Board pr/or to the issuance of such bonds. The District Board shall determine the form of the bonds, tndluding any interest coupons to be attached thereto~ and shall denomination of the bond~,and~?a or fix the denominations or _,.~f.y~.7i~ ~" 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 be the engraved, lithographed or £acsimile signature of the chairman of the District Board. The seal of the District may be affixed or lithographed, engraved or other- wise reproduced in facsimile on such bond and shall be at- tested by the manual or facsimile signature of the District Clerk; provided, however, that the signature of at least one of the officials executing such bonds shall be a manual signa- ture. In case any officer whose signature or a facsimile of whore signature shall appear on the bonds shall cease to be such officer before the delivery of such bonds, such si~natures or facsimile shall nevertheless be valid and su£ficient for all purposes the same as if he had remained in office until such delivery. Such bonds may be issued in coupon or regis- tered for~ as the District Board may determine in such author- izin$ resolution and provision may be made the registration of any coupon bonds as to principal alone and also as to principal and ir~erest, and for the reconversion of 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 District 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 interests of the District, 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 race in excess of seven and one half (7%%) per annum, computed with relation to the absolute maturity of the bonds in accordance with standard tables of bonds values, excluding, however, from such computation the amount of any pre- mium to be paid for the redemptien of any bonds prior to maturity. 8 The proceeds of the sale o£ any such bonds shall be used solely for attorneys' and f~scal agent's fees incurred in con- nectfon therewith and for the payment of the costs of acqui- sition, construction, reconstruction or improvement of such water management facllit£es end shall be disbursed in such manner and under such restrictions as the District Board may provide in its autoriz~ng resolu~on, Prior to the preparation or issuance of de£~nitive bonds, the District Board may, under like res- trictions, issued interim receipts or temporaz~ notes or other for~s of such temporar~ obligations without coupons, exchangeable £or de£initive bonds when such bonds have been executed and are available for delivery in accord w~th Florida Statute 215.431 and District Board may also provide for the replacement of any bonds which shall have become mutilated and be destroyed or lost upon proper indemnif~cation. For the pay~nent of the principal of and the interest on any general obligation bonds of the District issued under the provis~ons of this Ordinance, the D~atr$ct Board Ks hereby author= ized and required and in such resolution authorizing the ~ssuance o£ general obligation bonds shell authorize and require the lev~ annually of a special tax, not exceeding five (5) mills upon ell taxable property within the Distr~ct over and above all other taxes authorized or permitted by law sufficient to pay such principal and interest as the same shall become due and payable, and the proceeds of all such taxes, when collected shall be pa~d into a special fund and used for no other pur- psoe than the payment of such princ~pal and ~nterest. or re- serve therefor; provided, however, that there may be pledsed as eddi~ional security for the payment of such principal and interest and proceeds of special assessments levied to finance 9 the cost of assessable improvements, and in the event of such pledge the amount of the annual tax herein required may be re- duced in any year sub]eft to and in accordance with the proceed- ings authorizing the issuance of such general obligation bonds. In the event the full faith and credit of the District is pledged as additional security for the payment of any assessment bonds issued hereunder, the District Board shall in the manner set out above £or general obligation bonds~ provide for and authorize the levy of a special tax annually on all taxable pro- perry in the District sufficient in amount to comply with the proceedings authorizing such assessment bonds for which the full faith and credit of the District is pledged as additional secur- ity. Section 7. The amount of any such annual taxes so levied for general obligation bonds or as additional security for ~essment bonds shall be certified by the District Board to the tax assessor of the county who shall be ex officio tax assessor for the District and such taxes shall be levied and collected in the same manner as other general county taxes. Section 8. The proceeds of 411 bonds or other obligations issued under this Ordinance shall be and constitute trust funds~ and shall be applied and used only in accordance with the proceed- ings authorizing the issuance of any general obligation bonds or assessment bonds issued pursuant to this Ordinance~ and the District may appoint trustees, within or without the state, under trust agreements or inductures to hold and administer the proceeds of any such bonds or other obligations. The District shall have power to covenant with the holders of any general obligation bonds or assessment bonds issued here- under relative to the deposit with trustees of the proceeds of any such bonds, or of any taxes or special assessments collected to pay such bonds, or relating to any other matters deemed neces- sary or advisable for the security of the holder of such bonds. Section 9. Prior to the issuance of any general obliga- tion bonds or assessment bonds or other obligations, the District Board may, in its discretion, publish a notice at least once in a newspaper published in the county and circulating in the Dis- trict, stating the date of adoption of the resolution authoriz- ing such obligations, and the amount, maximum rate of interest and maturity of such obligations and the purpose in general terms £or which such obligations are to be issued, and further statin~ that any action or proceeding questioning the validity o£ a~ch obligations or of the proceedings authorizing the issu- ance thereof, or of any covenants made therein, must be insti- tuted within twenty (20) days after the first publication of such notice, or the validity of such obligations or proceedings or covenants shall not be thereafter questioned in any court whatsoever. If no such action or proceeding is so instituted.; within such twenty-day period, then the validity of such obli- gations, proceedings and covenants shall be conclusive, and all persons or parties whatsoever shall be forever barred from ques- tioning the validity of such obligations, proceedings or coven- ants in any court whatsoever. Section 10. All general obligations bonds or assessment bonds issued hereunder shall be and constitute~ and have the qualities and incidents of negotiable instruments under the law merchant and the Negotiable Instruments Laws of Florida~ and shall not be invalid for any irregularity or defect in the proceedings for the issuance and sale thereof and shall be ~0ntestable in the hands of bona fide purchasers for value. No proceedings in respect to the issuance of such bonds shall be necessary except such as are required by this Ordinance. The pro- visions of this Ordinance shall constitute an irrevocable con- tract between said District and the holders of any such bonds or coupons thereof issued pursuant to the provisions hereof. Any holder of such bonds may either at law or in equity~ by suit, action or mandamus~ force and compel the performance of the duties required by this Ordinance or any of the officers or persons herein mentioned in relation to said bonds~ or the levy~ assessment~ collections and enforcement and application of the taxes and special assessments pledged for the payment of the principal and interest thereof. Section ll. The District may provide for the construction or reconstruction of assessable improvements as defined in Sec- lion 3 hereof~ and for the levying of special assessments upon benefited property for the payment thereof~ under the provisions of this section. (a) The initial proceeding under this section shall be the passage by the District Board of a resolution ordering the construction or reconstruction o~ such assessable improvements, indicating the location by terminal points and routes and either giving a description of the improvements by its matertal~ nature, character and size of giving Mo or more descriptions with the directions that the materfal~ nature character and size shall be subsequently determined in conformity with one of such descriptions. The resolution ordering any such improvement may give any short and convenient desl~nation to each improvement ordered thereby~ and the property against ~hich assessments are to be made for the cost of such improvement may be designated as an assessment district, followed by a letter or number of name to distinguish it from other assessment district, after which it shall be sufficient to refer to such improvement and property by such desi~nation in all proceedings and assessments, except in the notices required by this section. (b) As soon as possible after the passage of such resolution, the engineer for the District shall prepare in duplicate.plans and specifications for each improvement ordered thereby and an estimate off the cost thereo£. Such cost shall include in addition to the items of cost as defined in this Ordinance the £ollowing item~ ~ incid~ntal expenses~ (1) Printing and publishing notices and proceedings; Costs of abstracts of title; and Any other expense necessary or proper in con~ucting the proceedings and work provided for this section, includ- ing 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 esti- mate of the cost of the improvement of each such description. The engineer shall also prepare in duplicate a tentative apportionment of the estimate total cost o£ the improvement as between.the District and each lot or parcel of land subject to special assessment under the resolution, such apportionment to be made in accordance with provisions of the resolution and in relation to apportionment of cost provided herein for the preliminary assessment roll. Such tentative apportionmant of total estimated cost shall not be held to limit or restrict the duties of the engineer in the preparation of such preliminary assessment ro11. One of the duplicates of such plans~ specl£1- cations and estimates and such tentative apportionment shall be filed with the District Clerk and the other duplicate shall be retained by the engineer in his files, all thereof to remain open to public inspection. (c) The District Board upon the filing with it of such plans, specifications, estimates and tentative apportionment of cost shall publish once tn a newspaper published in the county and circulating in the Distric% a notice stating that at a meeting of the District Board on a certain day and hour, not earlier than fifteen (15) days from such publication or posting, the District Board will hear obtections o£ all interested persons ~ ..13 to the con£irmation o£ such resolution, which notice shell state in brief and general terms a description of the proposed asses- sable improvements with the location thereof, and shall also state that plans, specifications, estimates and tentative appor- tionment of cost thereof are on file with the District Clerk. ne District Clerk shall keep a record in which scribed, at the request of any person, fl~-m or corporation hav- ing or:claiming to have any interest In any lot or parcel land, the name and post office address of such person, firm, or corporation at such address, at least ten (10) days be£ore the time for the hearing as stated in such notice, but thc of the District Clerk to keep such record or so to inscribe any name or address or to mail any such notice shall not constitute a valid objection to holding the hearing as provided in this section or to any other action taken under the authority of this section, (d) At the time named in such notice, or to which an ad- Journment may be taken by the District Board, the District Board.shall receive any obJaotion~ or interested persons and My then or thereafter repeal or confirm such resolution with such amendments, if any, as may be desired by the District Board and which do not cause any additional proper~y to be specifically assessed, (e) All 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 pas- sage or character of the resolution or the plans or specifications or estimates, void or voidable in whole or in part, or that it exceeds the power of the District Board, shall be mada in in person or'by attomey~ and filed w~th the D~strict Clerk at or against the making of any assessable improvements 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 issued pre- sented unless proper steps shall be taken in a court of compe- tent Jurisdiction to secure relief within twenty (20) days. (f) 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 pro- vided, or at any time thereafter, the District 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 (k) hereof, and shall bear interest at not exceeding seven and one half per centum (7~%) per annum. Such assessment bonds shall be executed, shall have such pro- visions for redemption prior to maturity, shall be sold in the manner and be subject to all of the applicable provisions con- rained in Section ll hereof for seneral obllsation bonds, except as the same are inconsistent with the provisions of this Section. The amount of such assessment bonds for any assessable improvements, prior to the confirmation of the preliminary as- sessment roll provided for in subsection (J) hereof, shall not exceed seventy per centum (70%) of the estimated amount of the cost of such assessable improvements which are to be specifically assessed against the lands and real estate to be specifically benefited thereby, as shown in the estimates of the engineer for the District referred to in subsection (b) hereof. The amount of such assessment bonds for any assessable improvements to be issued, after the confirmation of the perliminary assessment roll provided for in subsection (J) hereof, including any assess- ment bonds theretofore issued, shall not exceed the amount of special assessments actually confirmed and levied by the District Board as provided in subsection (J) hereof. Such assessment bonds shall be payable from the proceeds of the special assessments levied for the assessable improve- ments for which such assessment bonds are issued; provided, however, that the District may pledge the full faith and taxing power oE the District for the payment of the priocipal of and interest on such assessment bonds if the issuance of such assessment bonds shall be approved by the qualified electors who reside on land in the District in an election called, noticed and held in the manner provided in the Constitution and Statutes of Flortd~ for special elections. (g) After the passage of the resolution authorizing the construction or reconstruction o£ assessable improvement has been confirmed as provided in subsection (d) hereof~ the Dist- rict may publish at least Once in a newspaper published in the County and circulating in the District, a notice calling for sealed bids to be received by the District Board on a date not earlier than 15 days from first publication for the cons- truction of the work, unless the initial resolution the District Board shall have declared its intention to have the ~ork done by District forces without contract. The notice shall refer in general t~rms to the extent and nature of the improvement or improvements and may identify the same by the short des- ignation indicated in the initial resolution and by reference to the plans and specification on file. If the initial reso- lution shall have given t~o or more alternative description of the assessable improvements as to its material, nature, character and size, and if the District Board shall not have theretofore determined upon a definite description. The notice shall call for bids upon each of such descriptions. Bids may be required for the ~ork as a whole or for a~y part thereof separately and bids may be asked for anyone or more of such assessable impro- vements authorized the same or different resolution, but any bid covering work upon more than one improvement shall be in such form as to permit a separation of cost as to each improvement. The notice shall require bidders to file with their bids either a certi- fied check drawn upon an incorporated bank or trust company in such amount or percentage of their respective bids aa the District Board shall deem advisable, or a bid bond in like amount with corporate surety satisfactory, to the District Board to insure the execution of a contract to carry out the work in accordance with such plans and specifications, and insure the filing at the making of such contract, of a bond in the amount of the contract price with corporate surety satisfactory to the District condi- tioned for the performance or the work in accordance with such contract. The District Board shall have the right to reject any or all bids, and if all bids are rejected the District Board may readvertise or may determine to do the work by the District forces without contract. (h) Promptly after the completion of the work, the engineer for the District, who is hereby designated as the official of the District to make the preliminary assessment of benefits from assessable improvements, shall prepare a preliminary assessment roll and file the same with the District Clerk which roll shall contain the following: "1" A' description of the lots and par- cels of land or lands within the Distr~ct which will benefit from such assessable improvements and the amount of such bene- fits to each such lot or parcel of land. Such lots and par- cels shall include the property of the county and any school district or other political subdivision within the District. There shall also be given the name of the owner of record of each lot or parcel where practiceable~ and a statement of the method of assessment used by such engineer. "2" The total cost of the improvement and the amount of incidental expense. In making such preliminary assessments the engineer may use any method of determining the amount of special benefits accru%ng to e~ch lo~.Qr parcel of land from such assessable improvements as shall be approved by the District Board. Such special benefits may be based on an acreage assessment where benefits from such assessable improvements are equal or nearly equal for land in a particular area, or may be based on any other factors which the District Board deems fair and equitable as between the different lots or parcels of land benefited. It shall be thc duty of the engineer in making such preliminary assessment roll to view all lots or parcels of land to be as- sessed, and to determine, for the preliminary assessment roll, the amount of benefit which each lot or parcel of land will receive from such assessable improvement, under the methods or method prescribed by the District Board, or any combination thereof. (i) The preliminary roll shall ba advisory only and shall be subject to the action of the District Board as hereinafter provided. Upon the filing with the District Clerk of the preliminary assessment roll, the District Clerk shall publish at least once in a newspaper published in the county and cir- culating in the District, a notice stating that a meeting of the District 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 regular, adjourned or special meeting, all interested persons may appear and file written objections to the confirma- tion of such roll. Such notice shall state the class of the assessable improvements and the location thereof by terminal points and routes. (J) At the time and place stated in such notice, the Dist- rict board shall meet and receive the objections, in writing of all interested persons as stated in such notice. The District Board may adjourn the hearing from time to time. After the completion thereof, the District Board shall either annul or sustain or modify in whole or in part the preliminary assess- ments as indicated on such roll, either by confirm~ng the described therein or by cancelling increasing or reducing the same, according to the special benefits which the District 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 assessment roll, or if the preliminary assessment shall not have been made against it, the County Board may place on such roll an apportionment to such property, The District Board shall not confirm any assessment in excess of the special benefits to the property assessed, and the assessments so confirmed shall be in proportion to the special benefits. Forthwith after such confirmation such assess- ment roll shall be delivered to the District Clerk. The assessment so make shall be final and conclusive as to each loc or parcel assessed unless proper steps to be taken within thirty (30) days in a court of competent jurisdiction to secure relief. If the assessment against any property shall be sus- tained or reduced or abated by the court, the District Clerk shall note that fact on the assessment roll opposite the description of the property affected thereby. The amount of the special assessment against any lot or parcel which may be reduced or abated, by the Court, unless the assessment upon the entire District be reduced or abated, may by resolution of the District Board be made chargeable against the District at large; or, at the discretion of the District Board, a new assessment roll may be prepared and con- firmed in the manner hereinabove provided for the preparation and confirmation of the original assessment roll. (k) Any assessment may be paid at the office of the District Clerk within sixty (60) days after the confirmation thereofk out interest. Thereafter all assessments shall be payable in equal installments, with interest at not exceeding nine per cent (9%) per annum from the expiration of said sixty (60) days in each of the succeeding number of years which the District Board shall determine by resolution, not exceeding t~'{~ty; that the District Board may provide that any assessmen,~ may be 19 ~ any assessment may be paid at any time before due, tosether with interest accrued thereon to the date of payment~ if such prior payment shall be pe~mitted by the proceedings author- tzing an7 assessment bonds or othcr obligations £or the payment of which such special assessments have been pledged. All special assessments shall be collected by the tax collector o£ the county at the same time as the ad valorem taxes of the District and general county taxes are collected b7 the tax collector of the county, and the District shall certify to the county tax collector in each year a list of all such special assessments and a description of and names of the owners of the properties against which such special assessments have been levied and the amounts due thereon in such year, and interest hereon, and any deficiencies for prior years. Ail assessments shall constitute a lien upon the property so assessed from the date of confirmation of the resolution ordering the improvement of the same nature and to the same extent as the lien for general county taxes falling due in the same years or year in which such 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 District by proceedings in a court of equity to foreclose the lien of assessments 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 prin- cipal remaining unpaid with accrued interest thereon, which installments shall, by virtue of the institution of such pro- ceedings, immediately become due and payable. Nevertheless, if, prior to any sale of the property under decree of fore- closure in such proceedings, payment be ma'Be of the installment or installments which are shown to be due under the provisions of the resolution passed pursuant to subsection (J) of this section, and by this subsection (k) and ~he proceedings shall be dismissed. It shall be the duty of the District 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 o£ competent Jurisdiction by mandamus or other appropriate proceedings or action. Not later than thirty (30) days after the annual installments are due and payable, it shall be the duty of the District Board to direct the attorney or attorneys ~hom the District Board shall then des- ignate, to institute actions ~ithin t~o months after such direc- t[on to enforce the collection of all special assessments for assessable improvements 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 condition in and under which mortgages are foreclosed under the laws of the state, it shall be lawful to Join in one action the collection of assess- ments against any or all property assessed by virtue of the same assessment roll unless the court shall deem such Joinder prejudi- cial to the interest o£ any defendant. The court shall allow reasonable attorney's fees .for the attorney or attorneys of the District, and the same shall be collectible as a part of or in addition to the costa of the action. At the sale pursuant to decree in any such action, the District may be a purchases to the same extent as an individual person or corporat[on~ except that the part. of the purchase price represented by the assessments sued upon and the interest thereon need not be paid in cash. Proper~y so acquired by a District may b~ wold or otherwise disposed of, the proceeds of such disposition to be placed in the fund provided by subdivision (1) of this section; provided, however, that no sale or other d~sposition thereof shall be made unless the notice callins for bids therefor to be received at a stated time ~nd place shall have been published in a newspaper published in the county and circulating in the District, at least t~enty (20) days prior (1) All assessments and charges made under the provisions of this section for ~he payment of all or any part of the cost o£ any assessable improvements for which assessment bonds shall have been issued under the provisions of ~his Ordinance~ or which have been pledged as additional security for any other bonds or other bonds or obligations. (m) The county and each school district and other politi- cal subdivision wholly or partly within the District shall possess the same power and be subject to the same duties and liabilities in respect of assessment under this section fecttng the real estate of such coun~y~ school district or other political subdivision which private owners or real estate pos- sess or are sub]acc Co hereunder~ and such real estate of any such county) school district and political subdivision shall be subject co liens for said assessments in all case where the same property would be subject had It at the time the lien tached been owned by a private owner. Section 12. The District Board may) after any assessments for assessable improvements are made~ determined and confirmed as provided in Section 11~ issue certificates of indebtedness for the amounts so assessed against the abutting property or property otherwise benefiCed~ as the case may be~ and separate certificates shall be issued against each part or parcel of land assessed~ which certificates shall state the general nature of the improvement for which the said assessment is made. Said cerCi£icates shall be payable in annual installments in accord- ance with the installments or the special assessments for which they are issued. The Distric= Board may de~ermine the to be borne by such certificates at a rate no greater than nine per centum (9%) per annum) and may sell such certificates either private or public sale at not exceeding par and accrued interest and determine the form~ manner of execution and other "' :', ' SEP ?' 1971 details of such certificates. Such certificates shall recite that they are payable only from the special assessments levied and collected from the lot or parcel of land against which they are issued. The proceeds of such certi£icates may be pledged for the payment of principal of and interest on general obliga- tion bonds or assessment bonds issued to finance in whole or in part such assessable improvements, or, if not pledged so, may be used to pay the cost or part of the cost of such assessable improvements. The district may also issue assessment bonds or other obli- gations payable from a special fund into which such certificates of indebtedness referred to in the 9receding paragraph may be de- posited; or, if such certificates of indebtedness have not been issued, the District may assign to such special fund for benefit of the holders of such assessment bonds or other ohligations~ or to a trustee for such bondholders~ the assessment liens provi- ded for in subsection (J) of Section 11~ unless such certificates of indebtedness or assessment liens have been theretofore pledged for any bonds or other obligations authorized hereunder. In an event of the creation o£ such special fund and the is- suance of such assessment bonds or'other obligations, the proceeds of such certificates o£ indebtedness or,assessment liens deposited therein shall be used only for the payment of the assessment bonds or other obligations issued as provided in this Section 12. The District is hereby authorized to covenant with the holder of such assessment bonds or other obligations that it will diligently and faithfully enforce and collect all the special assessments and interest and penalties thereon for which such certificates of indebtedness or assess- ment liens have been deposited in or assigned to such fund, and to foreclose such assessment liens so assisned to such special fund or represented by the certificates of indebtedness deposited in SF..P 7' 197'1 sa£d speciak £und, a~ter such assessment liens have become delinquent and deposit the proceeds derived from such foreclosure) including interest and penalties in such special fund~ and to f~rther make any other covenants deemed necessary or advisable in order to properly secure the holders of such assessment bonds or other obligations. The assessment bonds or other obligations issued pursuant to this section shall have such dates of issue and maturity as shall be deemed advisable by the District Board, provided, ho~- ever~ that the maturity of such assessment bonds or other obliga- tions shall not be more than ~o years after the due date of the last installment which will be payable on any of the special assessments for which such assessment liens, or ccrti£i- cares of indebtedness representing such assessment liens, are assigned to or deposited in such special fund. Such assessment bonds or other obligations issued under this section shall beat interest at not exceeding seven and one half per centum (7~%) per annum, shall be executed, shall have such provisions ~or redemption prior to maturity, shall be sold in the manner and be subject to all of the applicable provisions contained in Section 6 hereof for general obliga~on bonds, except as the same are inconsistent with the provisions of the section. All assessment bonds or othe= oblisations issued under the provisions of this Ordinance, except certificates of indebtedness issued against separate lots or parcels of land as provided in this section, 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. Section 13. As the exercise of the pod=rs conferred by this Ordinance constitutes the perfoz~mance of essential public ~unctions and as any water management facilities acquired, constructed, reconstructed or improved under the provisions of this Ordinance constitutes public property used for public purposes such districts and all properties, revenues, or other assets thereof~ and all bonds issued hereunder and the interest .~hereon, shall be exempt from all taxation by the state, or any political subdivision, agency or instrumentality thereof. Section 14. All general obligation bonds or assessment bonds issued pursuant to this Ordinance shall be and constitute legal investments for state, county, municipal and all other public funds and for banks, savings banks~ insurance companies, executors, administrators, trustees~ and all other fiduciaries; and shall also be and constitute securities eligible as collateral security for all state, county, municipal or other public funds. Section 15. The district shall have power to enter into agreements for the delivery of any general obligation bonds or assessment bonds at one time or from time to time as full or partial payment for the services of any engineer or any work done by any contractor who may have been retained or hired or been awarded a contract for the construction of all or any part of such water management facilities; provxded, however, that any such bonds so delivered for payment of such serVices or work performed shall have been authorized and issued in the manner provided in this Ordinance and shall otherwise conform to the provisions hereof. Section 16. All contracts let, awarded or entered into by the District for the acquisitionj construction, reconstruction or improvement of any water management facilities, or any part thereof, if the amount thereof shall exceed One Thousand Dollars ($1,000.00), shall be awarded only after public advertisement and call for sealed bids therefor, in a news-, paper published in the county and circulating in the District, such advertisement to be published at least once at least ,SEP 7- 197~ three (3) weeks be£ore the date sat £or the receipt such bids. Such advertisements for bids in addition to hear necessar7 and pertinent matter shall sta~e in general terms the nature and description of the improvement or improve- merits to be undertaken and shall state that detailed plans and specifications for such work are on file for inspection in the office of the District Clerk and copies thereof shall be furnished to any interested party upon payment of reasonable charges to reimburse the District for its expenses in providing such copies. The award shall be made to the responsible and competent bidder or bidders who shall offer to undertake the improvements at the lowers cost to the District and such 5idder or bidders shall be required to file bond for the full and faithful performance of such work and the execution of any such contract in such amount as the Dist- rict Board shall determine, and in all other respects the letting of such construction contracts shall comply with applicable provisions of the general laws relating to the letting of public contracts. Nothing in this section shall be deemed to prevent the District from hiring or retaining such consult'lng engineers, attorneys, financial experts or other technicians as it shall determine, in its discretion, or from undertaking any construction work with its own resources, without any such public advertisement. Section 17. In the addition to the ad valorem taxes authorized to be levied to pay the principal of and interest on general obligation bonds, or as additional security for assessment bonds, the District may levy a special ad valorem maintenance tax of a sufficient number of mills upon the dollar of assessed valuation or property subject to taxation in the District to pay for the maintenance and operation of such water manage- ment facilities and other corporate purposes of said District] provided, however~ that such special maintenance tax shall in 79 no event exceed five (5) mills during one year. Such special maintenance tax shall be levied and collected in the manner pro- vided herein for ad valorem taxes levied and collected for debt service on bonds issued pursuant to this Ordinance. Section 18. All ad valorem taxes or special assessments levied and collected in the District in the manner provided herein shall when received be paid over by the proper offi- cials of the county in which the District is located to the treasurer of the District to be applied as provided in this Ordinance and in the proceedings authorizing the issuance of any bonds or other obligations pursuant,to this Ordinance. Section 19. Any contract entered into by tha District shall be deemed to have been made for the benefit of any holders of bond issued pursuant to this Ordinance to the extent necessary and the terms of any such contract aha11 be enforceable by such bondholders in any appropriate legal proceeding. Any such contract if made with public body or municipality may be enforceable without the requirement of formal consideration. Section 20. The District Board o£ the District created hereunder shall have power to establish and create such department, board or other agencies aa it shall deem necessary or desirable in the performance of any acts or other things necessary in the exercise of the powers enumerated in this Ordinance, and may delegate to such depart~ent, boards or other agencies such administrative duties and other powers as may be deemed necessary and desirable in the exercise of the powers enumerated in this Ordinance; provided, however, that the issuance of bonds, levy of taxes and special assessments, and authori- zation of the acquisition, construction, reconstruction, or improvement of water management facilities shall be authori-r zed by resolution or resolution duly adopted by the District Board. Section 21. All district property shall be exempt from levy and sale by virtue of an execution and no execution or other Judicial process shall issue against such property nor shall any Judgment against the district be a charge or lien on its property or revenues; provided, that nothing herein contained shall apply to or limit the rights of bondholders to pursue any remedy for the enforcement and collection of any taxes or special assessments pledged for any bonds issued hereunder. Section 22. The provisions of this Ordinance shall be lib- erally construed to effect its purposes and shall be deemed cumulative, supplemental and alternative authority for the exercise of the powers provided herein. The exercise of the powers provided in this Ordinance and the issuance of bonds or other obligations hereunder shall not be subject to the limita- tions or provisions of any other law or laws except as expressed provided herein. Section 23. In any case one or more of the sections or provisions of this Ordinance, or the application of such sections or provisions to any situations, circumstances or person, shall for any reason be held to be unconstitutional or invalid, such unconstitutionality or invalidity shall not affect any other sections or provisions of this Ordinance or the application of such sections or provisions to any other situation, circum- stances or person~ and it is intended that this Ordinance shall be considered and applied as if said section or provision so held unconstitutional or invalid has not been included in this Ordinance. Section 24. The authority for this Ordinance is found in Chapter 125.01, Florida Statutes, and Chapter 61-2037, Special Laws of Florida, as amended, and in Article VIII of The Constitution of the Stare'of Florida. 28 Section 25. In the event o£ conflict oE any of the p~o- visions of this Ordinance with any general or special law enacted by the Legislature of the State of Florida, the general. or special law shall govern to the extent of the conflict. Section 26. This Ordinance shall take effect at ihs .time Attest: 'Clerk,~ Clrcui~ tours · ' . .:.: ' ... '., .f.. 'h',." ., ,/..~ ......... . .... · . '... . . . , ......... , ...... ..:,. .' ,., . .-. ..... -'T~L:,,-.; ~?'. · :.-.~:.......,.. . ................ __i ..... L_: .....~-' ."[i..~ --.'.'~ _.L "~L. f.~__ .~. "-i.i_ ..~L :~ . ~~ ..... .-T'... :2'i - ........ Thig" las'C a" e'::Bf "'rdi~ ..... '- ' ' ' '. ~ · "~ ~-?, ............ ' ' p g . o ance_.was..miss/~g~frm~'.~rdt~an~..~o was. Clerk's-office 'July 21, 1977'4:'14 P;~."." 'j'~'Clerk .... · . . '~/'~,, ~ . ,Y ' · BOOK i PAGE'76-A 29 ·