Resolution 2003-381
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RESOLUTION 2003-281
A RESOLUTION OF THE COLLIER COUNTY BOARD OF
COUNTY COMMISSIONERS FINDING NO OBJECTION TO THE
CREA TION OF THE AVE MARIA STEWARDSHIP COMMUNITY
DISTRICT.
WHEREAS, the Collier County Board of County Commissioners (Board) has been
presented with a proposal relating to the creation of the Ave Maria Stewardship Community
District (District), an independent special purpose, within the Rural Lands Stewardship Area
(RLSA) by Special Act; and
WHEREAS, Barron Collier Company has made available approximately nine-hundred five
(905) acres to the Ave Maria University Foundation for the institution and operation of a private
university known as Ave Maria University with a full slate of under-graduate, graduate and
professional programs with related cultural, recreational and other activities, benefits and programs
for providing teaching, research and public service to southwest Florida, the State of Florida and the
nation; and additional lands surrounding and immediately contiguous to the university property on
which Barron Collier is building the Ave Maria community development.
WHEREAS, the Board previously appointed the Eastern Lands Area Oversight Committee
(ELAC) to conduct a Rural and Agricultural Area Assessment (lmmokalee Area Study) of lands
which would, in part, comprise the District; and
WHEREAS, the ELAC's lmmokalee Area Study recommended the adoption of a Rural
Lands Stewardship Area Overlay Amendment (Amendment) to the Collier County Growth
Management Plan (GMP); and that Amendment has been adopted by the Board and found in
compliance by the Department of Community Affairs; and
WHEREAS, the Board more recently adopted the RLSA Zoning Overlay District (Overlay)
and corresponding land development regulations in Section 2.2.27 of its Land Development code
(LDC) which implement the Amendment by establishing a long-range stewardship land use program
for approximately 300 square miles of Collier County's rural eastern lands so as to promote
agriculture, protect wetland flowways and upland habitat, and directs growth to suitable locations
through an innovative system of Stewardship Credits; and
WHEREAS, the GMP and LDC allow for development in the RLSA and Overlay that can be
serviced utilizing a single integrated plan of public infrastructure construction, maintenance, and
operation; and
WHEREAS, The provision of services by this independent district must implement, be
subject to, and function not inconsistent with, any applicable provisions of the Stewardship Overlay
Area and related permitting and planning requirements of Collier County and of the Collier County
Comprehensive Plan and all applicable land development regulations including the rural lands
overlay regulations in order to constitute the highly specialized Overlay, available to both the private
10.
and public sectors and to implement the assurance of fiscal neutrality provided and encouraged by
the rural lands overlay regulation section 2.2.27.1 OIA;
WHEREAS, the creation of the District by the Special Act will provide for a public
mechanism for public infrastructure systems, facilities and services without competing with other
County providers in a portion of the currently undeveloped RLSA and Overlay; and
WHEREAS, the creation of an independent special district under Florida Statutes Chapter
189 (2003), is a method of providing public infrastructure and services within the RLSA and
Overlay for the development of anticipated rural villages, towns, and hamlets; and
WHEREAS, the District's creation will also provide a mechanism for the preservation and
management of those lands entered into the system of Stewardship Credits, as well as any lands set
aside for mitigation purposes; and
WHEREAS, Section 1 89.404(2)(e), Florida Statutes (2003), requires a resolution or official
statement from the Collier County Board of County Commissioners or County Manager stating that
the District's creation is consistent with the County's adopted comprehensive plan and that the
County has no objection to the Districts' creation.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
I. The creation and establishment of the Ave Maria Stewardship Community
District pursuant to the proposed Special Act, in the form attached hereto as
Attachment A, is consistent with the Collier County Growth Management Plan and
Land Development Code.
2. The Board has no objection to the creation and establishment of the District.
3. The Board's adoption of this Resolution is conditioned on the continuing existence of
the following provisions in the finally adopted text of the Special Act:
a. Any proposed amendment of this Act which deals expressly with the
requirements that the District is subject to and may not conduct itself in any
manner that is inconsistent with the County's comprehensive plans and land
development regulations shall not be considered by the legislature unless such
amendment is accompanied with a resolution of support from and by the
Board of County Commissioners of Collier County, provided any other
amendments on any other provision in, or subject dealing with, this Act do
not require any resolution of the Board of County Commissioners of Collier
County.
b. The District, as created by the Act, will carry out any conditions of any
applicable community development approval or development order as to the
landowner or developer, such as a development of regional impact
development order, that relates to the provisions of infrastructure negotiated
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between the county and the developer, including roads and other on-site and
off-site improvements.
THIS RESOLUTION ADOPTED this .2a day of O,...tober after a motion, second and
majority vote favoring same.
DATED:
ATTEST: ,<~i~ '~~:'t;'~q .
DWIGHT E.~gG~,:p~tlt~_, .
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BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
. c.
By:
Approved as to form and
legal sufficiency:
~ct J ~
Heidi F. Ashton
Assistant County Attorney
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A rtu c}, flU/) 1-- A
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Bill
A bill to be entitled
An act relating to the creation of the "Ave Maria Stewardship
Community District" in the Collier County Political Subdivision;
creating a short title; providing for findings, determinations,
ascertainments, intent, purpose, definitions and policy; creating the
District as a special, limited and single purpose independent
district, an independent local government and corporate body
politic, to provide community development infrastructure to the
Ave Maria community development in that certain portion of the
unincorporated area of the Collier County political subdivision
within and subject to the Growth Management Plan Rural Lands
Stewardship Area Zoning Overlay District in Eastern Collier
County; providing for authority, boundaries, jurisdiction and the
charter for the District; creating the charter of the District;
providing for the applicability of provision of chapter 189, Florida
Statutes, and other general laws; providing that this Act shall take
precedence over any conflicting laws to the extent of such conflict;
providing for severability; providing an effective date.
Be It Enacted by the Legislature of the State of Florida:
Section 1.
Short title. --This Act may be cited, and shall be known, as the "Ave Maria Stewardship
Community District Act".
Section 2.
Preamble: Legislative findings, ascertainments, determinations, intent, purpose,
definitions and policy.
(1) Legislative findings.
(a) The Eastern area of unincorporated Collier County is unique and special with
natural resources that need protection and with the need to retain a viable agricultural system
while protecting private property rights and promoting a sound economy.
(b) Collier County, with the approval of the Governor and members of the
Cabinet, sitting as the Florida Land and Water Adjudicatory Commission, established a
designated Rural Lands Stewardship Area Zoning Overlay District in order to implement an
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innovative, specialized and incentive-based Collier County Rural Lands Stewardship AlaO H
Overlay as part of the Collier County Growth Management Plan.
(c) In implementing both protection of natural resources and retention of viable
agriculture, the Rural Lands Stewardship Area District Overlay: promotes compact rural mixed-
used development as an alternative to low-density single use development; and establishes a
system of generating Stewardship Credits in a designated Stewardship Sending Area and
transferring them to a designated Stewardship Receiving Area within which new town
communities may be created and developed with a full range of housing types and a full mix of
uses with urban level services and infrastructure which support specialized development that is
compact, mixed-use, human-scale and that balances land uses to reduce automobile trips and to
increase livability.
(d) This comprehensive system anticipates new land uses to include
unincorporated new town community development and the related highly specialized provision
of basic infrastructure systems. facilities and services.
(e) Barron Collier Company has made available approximately nine-hundred five
(905) acres to the Ave Maria University Foundation for the institution and operation of a private
university known as Ave Maria University with a full slate of under-graduate, graduate and
professional programs with related cultural, recreational and other activities, benefits and
programs for providing teaching, research and public service to southwest Florida, the State of
Florida and the nation;
(f) The initial landowners also own, immediately and adjacent to, and
surrounding, the Ave Maria University, lands upon which they are building a university oriented
new town community consistent with the Collier County Growth Management Plan and Land
Development Code.
(g) Within and subject to this the Growth Management Plan and Land
Development Code and its Rural and Stewardship Area Zoning Overlay District. and Overlay,
within a designated Stewardship Receiving Areas, the new town community surrounding the
private university requires appropriate compact, balanced and rural mixed-use development at a
human-scale with the required innovative balance of such importance to the Stewardship Overlay
Area.
(h) In particular:
1. Creating a university new town community in the Stewardship Overlay
area of Eastern Collier County requires a critical coinciding of existing and future land use with
provision of capital facilities and related systems and services. based upon timely, flex.ible and
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specialized management of critical factors and sequential events, balancing between the inteis 0 H
of private enterprise, agriculture, private citizens, taxpayers, consumers, the environment, the
economy, the initial landowners and all applicable levels of government;
2. As evidenced by the Stewardship Overlay Program, all the applicable
public and private persons and entities have invested and expended substantial time and monies
to generate both the Stewardship Area Overlay portions of the Growth Management Plan and the
existing and future consistent specific regulatory and comprehensive planning entitlements and
consistent land development regulations for the identification, preparation and development of a
new town community;
3. Creating such a new town community around the university and using a
single special purpose independent district constitute innovative planning and flexible
development strategies in section 163.3177(11), Florida Statutes, as amended from time to time,
and Rule 9J-5.006(5)(1), F.A.C., as amended from time to time, to minimize the conversion of
rural and agricultural lands to other uses to discourage urban sprawl and to protect
environmentally sensitive areas, while maintaining the economic viability of agricultural and
other predominately rural land uses and providing for the cost-efficient delivery of public
facilities and services as provided expressly in the Rural Land Stewardship Area Land
Development Regulations, section 2.2.27.1O.C.
(i) There is in particular a special need to use a specialized and limited single
purpose independent district unit of local government for the Ave Maria Community:
1. to prevent urban sprawl by providing, sustaining and supporting free
standing infrastructure and by preventing needless and counterproductive community
development when the existing urban area is not yet developed.
2. to prevent the needless duplication, fragmentation and proliferation of
local government services in a proposed land use area.
(j) Management of conservation, environmental, agricultural and economic
challenges and opportunities in this area of Eastern Collier County transcends the boundaries and
responsibilities of both private landowners and individual units of government so that no one
single public or private entity or person can plan or implement policies to deal with the many
issues which attend the provision of basis systems, facilities and services to the area to be
managed in Eastern Collier County in order to provide for both a new university and a new town
academic community in the Stewardship area.
(k) It is the expressed set of findings of the Legislature further that:
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1. there is a considerably long period of time during wich there is r 0 H
inordinate burden on the initial landowners of both the land area for the private Ave Mana J
University and its surrounding new town university community because of the innovative, special
and unique requirements in the Growth Management Plan for the Stewardship Receiving Area,
dealing specifically with flexible management and related sequencing, timing and financing of
the various systems, facilities and services to be provided to the new town community, taking
into consideration absorption rates, commercial viability and related factors.
2. even as the community matures, there is continuing need for
landowners, both initial and subsequent, to bear burdens that remain relatively inordinate in order
to preserve such inordinate benefits for Eastern Collier County as the unique environmental and
economic purpose of the new town community in this Stewardship Receiving Area.
3. longer involvement of the initial landowner with regard to the provision
of basic systems, facilities and services in the Rural Lands Overlay, coupled with a severely
limited and highly specialized single purpose of the District, is in the public interest.
4. any public or private system to provide basic infrastructure
improvements, systems, facilities and services to this new Ave Maria community in the
Stewardship Overlay Area of Eastern Collier County must be focused on an unfettered, highly
specialized, innovative, responsive, accountable mechanism to provide the components of
infrastructure at sustained levels of high quality over the long-term only when and as needed for
such a unique community in such a unique area.
5. there is a critical need to maintain such provision of such systems,
facilities and services to the Ave Maria community because of the unique location and attributes
of the Stewardship Overlay Area, coupled with the unique purpose and location of this new
academic community, subject to, and not inconsistent with, the state, regional and local
requirements which attend implementation of the State plan, the Stewardship Overlay for the
Stewardship Receiving Area and the County Growth Management Plan.
6. this need is met by coinciding the use and special attributes of various
public and private alternatives for the provision of infrastructure to such a community
development including:
a. the public policy and related implementing zoning, permitting
and planning expertise, interests and capabilities of state and regional government and of the
local general purpose government, Collier County;
t;
b. the flexible, limited, focused and locally account1leQ H
management and related financing capabilities of independent special purpose local governme4tt~ I
and
c. the innovative development and marketing private sector
expertise of the initial landowners, developers and other components of private enterprise;
7. the specialized financing and revenue procedures for the levy and
imposition of first-lien assessments, by a variety of names, must be disclosed, followed, noticed,
fair, non-arbitrary, informed, reasonable and accountable and that they must be set forth
dispositively.
(1) That the existence and use of such a limited specialized single purpose local
government for the Ave Maria community, subject both to the Rural Lands Stewardship Overlay
Area District and to the Collier County Growth Management Plan, will result in a high
propensity:
1. to prevent urban sprawl, protect and to preserve environmental,
conservation and agricultural uses and assets and to enhance the high quality use of the
applicable Stewardship Receiving Area;
2. to enhance the market value for both present and future landowners of
the property consistent with the need to protect private property rights in the Stewardship
Overlay;
3. to enhance the net economic benefit to the Collier County area,
including an enhanced and well maintained tax base to the benefit of all present and future
taxpayers in Collier County;
4. to share the costs for providing such basic systems, facilities and
services in an innovative, sequential and flexible manner within the Ave Maria new town
community to be serviced by the Stewardship Community District.
(2) Ascertainments: based upon these findings, the Legislature has learned and
ascertains:
(a) There are two public government alternatives and one private alternative
available to plan, construct, maintain and finance the provision of systems, facilities and services
in and subject to the Stewardship Overlay:
1. One of the public or governmental alternatives is by the Board of
County Commissioners within the Collier County political subdivision which can provide certain
basic systems, facilities and services directly (or with management by its staff with financing
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through either a municipal service taxing unit for ad valorem taxes or municipal service benlt 0
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for assessments) or indirectly (by non-emergency ordinance use of a dependent district). r,
2. The second public alternative is use of an independent special district.
3. The private alternative is the private landowner, a private homeowner
association, a private utility, a private business corporation or partnership or a combination of
these various private alternatives.
(b) Planning, permitting and creating the Ave Maria university new town
community and using the independent specialized single purpose Ave Maria Stewardship
Community District created by this Act are consistent with and implement both the Collier
County Growth Management Plan and Land Development Code and also the following long-
standing and expressed policies of the State of Florida:
1. to allow the creation of independent special taxing districts which have
uniform general law standards and procedures and which do not overburden other local
governments and their taxpayers while preventing the proliferation of independent special taxing
districts which do not meet the standards (section 187.20 1 (20)(b)2, Florida Statutes).
2. to encourage the development of local water supplies (section
187.201 (7)(b )3, Florida Statutes).
3. to recognize the existence of legitimate and often competing public and
private interests and land use regulations and other government action (section 187.201(l4)(a),
Florida Statutes), as provided for expressly in the Stewardship Overlay Program;
4. consistent with the Stewardship Overlay program, to recognize the
importance of preserving natural resources and enhancing quality of life by development in those
areas where land and water resources, fiscal abilities and service capacity can accommodate the
land use and growth in a manner that is environmentally acceptable (section 187.201 (l5)(a),
Florida Statutes);
5. to allocate costs of new public facilities on the basis of benefits received
by existing and future residents while planning for the management and financing of new
facilities to serve residents in a timely, orderly and efficient manner (section 187.201 (17)(a) and
(b)3, Florida Statutes);
6. to encourage local government financial self sufficiency in providing
public facilities and in identifying and implementing physically sound, innovative and cost
effective techniques to provide and to finance public facilities while encouraging development,
use and coordination of capital improvement plans by all levels of government ((l7)(b)5, 6 and 7,)Florida Statutes), as provided also in the Stewardship Overlay program;
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7. to increase access to, and to promote and provide access for, CUltlftU,O H
historical and educational resources and opportunities (section 187.201(l8)(a) and (b)l, Floi'faa
Statutes ).
8. to enhance and diversify the economy of the Collier County area by
promoting partnerships among education, business, industry, agriculture and the arts and by
providing opportunities for skilled employees for new and expanding businesses while promoting
self-sufficiency through training and educational programs to promote productive employment
(section 187.201(21)(a) and (b)6, 7 and 8, Florida Statutes);
9. to encourage and to enhance cooperation among communities, which
have unique assets irrespective of political boundaries to bring the private and public sectors
together for establishing an orderly, environmentally and economically sound plan for needs and
growth (section 187.201(b)8, Florida Statutes);
10. to create independent special districts by or pursuant to general law to
ensure long term management and related financing, to meet the need in Florida for timely,
efficient, effective, responsive, innovative, accountable, focused and economic ways to deliver
basic services to new communities to solve the state's planning, management and financing
needs for delivery of capital infrastructure in order in turn to provide for projected growth only
and to do so without overburdening other governments and their taxpayers, section 189.402,
Florida Statutes, so that providing to the Ave Maria community basic systems, facilities and
services by independent special districts remains pursuant to a uniform general law (section
189.402(3)(a) and (c), Florida Statutes};
11. to ensure that those independent districts and the exercise of their
powers are consistent and comply with applicable due process, disclosure, accountability, ethics
and government-in-the-sunshine requirements of law, both to the independent districts and to
their elected and appointed officials (section 189.402(3)(b), Florida Statutes), because
independent special districts are a legitimate alternative method available for use by both the
public and private sectors to manage, own, operate, construct and finance basic capital
infrastructure systems, facilities and services (section 189.402(4)(a), Florida Statutes);
12. to ensure that an independent special district is created to serve a
special purpose to cooperate and to coordinate its activities with the applicable general purpose
local government because aspects of growth and development transcend boundaries and
responsibilities of individual units of government so that no single unit of government can plan
or implement policies to deal with these issues unilaterally as effectively (section 189.402(7) and
(8), Florida Statutes);
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(c) Construction and operation of the Ave Maria University, the developmlob
the new town university community and the use of the special and single purpose indepe n H
district are not inconsistent with the Collier County Comprehensive Plan and the requirements of
the Stewardship Overlay and implement both;
(d) This land area for the private university and its new town community requires
an independent, special and single purpose local government, in the form of an independent
special district as defined in section 189.403(3), Florida Statutes, subject to all substantive and
procedural limitations under Florida law, including this Act, in order to constitute the highly
specialized alternative and viable growth management mechanism appropriate for this unique
Stewardship Overlay, available to both the private and public sectors.
(e) Such a District requires timely, flexible, limited and specialized management
and related financing capabilities under its uniform state charter, created by this Act pursuant to
general law, in order to produce those flexible, innovative and highly specialized benefits to the
new town university community property in the Stewardship Receiving Area and to the
Stewardship Overlay in Eastern Collier County;
(t) Such a District must have management capabilities to provide pinpointed,
focused, accountable, responsive, limited, specialized and low-overhead-based capability,
authority and power to provide basic systems, facilities and services to the new university
community development with economies of scale but at sustained high levels of quality over the
long-term;
(g) In order to be responsive to the critical timing required through the exercise of
its special management functions, an independent district requires financing of those functions,
including bondable lienable and non-lienable revenue, with full and continuing public disclosure
and accountability, funded by landowners, both present and future, and funded also by users of
the systems, facilities and services provided to the land area by the District, without burdening
the taxpayers and citizens of the State or of Collier County or any municipality in Collier County;
(h) The provision of services by this independent district must implement, be
subject to, and function not inconsistent with, any applicable provisions of the Stewardship
Overlay Area and related permitting and planning requirements of Collier County and of the
Collier County Comprehensive Plan and Land Development Code;
(i) The creation, existence and operation of such the Ave Maria Stewardship
Community District, as limited and specialized to its single narrow purpose, will also:
1. Constitute a public mechanism to translate the anti-urban-sprawl
requirements of the Stewardship Overlay into reality;
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2. Constitute a disincentive for premature or inappropriate
incorporation consistent with state law.
3. Provide a mechanism for full and continuing disclosure of how basic
systems. facilities and services are both managed and financed, including full and continuing
disclosure to both prospective purchasers and all residents of public financing related to any
burdens of land ownership and any related burdens on existing or future residents.
4. Implement Rural Land Stewardship Area Zoning Overlay District
Regulation 2.2.27.1O.L 4 because such an independent single purpose special district is
encouraged in the Stewardship receiving area where the new town community and university are
located.
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U) The Ave Maria Stewardship Community District is also a mechanism to
implement the Collier County Concurrency Management System designed to coincide with, and
to implement, both the Collier County future land use element and the capital improvements
element for basic systems, facilities and services consistent with the best interests of the Ave
Maria community in the Stewardship Overlay.
(k) By serving its single specialized purpose, the District will not result in
needless proliferation, duplication and fragmentation of local government systems, facilities and
services in this area of Eastern Collier County.
(1) Subject to its substantive and procedural limitations, the Ave Maria
Stewardship Community District will assist directly in public and combined public and private
planning and coordination in order to result in the innovative solutions to the needs and
requirements in this unique academic new town community located in this Stewardship Overlay
Area of Eastern Collier County.
(m) Management of the timing and phasing of critical sequential events,
coordinated by the initial private landowner, the private university and the Board of County
Commissioners of Collier County, is of fundamental importance and is the basis of the inordinate
burden on the initial landowner developer and on the private university to enhance the
Stewardship Overlay and to implement its requirements.
(n) The critical single purpose of the Ave Maria Stewardship Community District
to provide basic infrastructure systems. facilities, services, works, infrastructure and
improvements to the private Ave Maria university new town community is in the public interest
because it:
1. does not pass on taxes or profits to purchasers of property or to
landowners and residents within their jurisdictions;
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2. results in less tendency for short-term planning, constructio"1anf': ! ~
management considerations because the elections for members of the government boaraLar}J t i
staggered;
3. is not influenced, guided or limited by quarterly and annual profit
statements;
4. does not have police or regulatory powers;
5. does not have larger general purpose overhead responsibilities;
6. is not subject to legitimate but counter-veiling fiscal, economic, policy
and political considerations to which large general-purpose local governments and large
landowners and developers would be subject in the natural course of events.
7. does not constitute needless duplication, proliferation or fragmentation
of
local government systems, facilities and services in Collier County;
8. shall operate and function subject to and not inconsistent with the
county comprehensive plan and not inconsistent with, but rather shall enhance the purpose and
requirements of, the Rural Lands Stewardship Overlay with least overhead cost and with the
highest amount of the public disclosure, accountability, responsiveness and productivity.
9. coincides its functions with the authority and best interests of local
general purpose government, the private university, the private landowners, both present and
future, the taxpayers, the future residents and the State of Florida in the provision of needed
infrastructure to the community at sustained levels of quality over the long-term.
10. provides highly accountable innovative systems, facilities and services
close-to-the-Iand and close-to-the-people to constitute expressly the stewardship of the lands of
the new community within and subject to the Stewardship Overlay in Eastern Collier County and
within its jurisdiction~
11. serves a land area that IS amenable to separate special district
government.
12. serves a land area that is, sufficiently compact and of size sufficient for
the functionally inter-related Ave Maria new community development.
13. serves a land area in which there is no existing local or regional
system, facility or service with which creation and operation of this District and the provision of
its systems, facilities, improvements and infrastructure would be incompatible.
14. will enhance the intrinsic value of the property and the new community
development, for the purpose of the Overlay, and a sustaining source of public revenue.
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(0) The independent district charter created in this Act involves innovative gertr:o H
and special powers not otherwise available for this unique and highly specialized first-lve
academic new town Ave Maria community in such a unique multi-faceted stewardship lands
overlay.
(p) The minimum requirements of general law or creation of this District by
special act have been met as confirmed and set forth expressly in section 3, subsection (1).
(3) Determinations: based upon its findings and ascertainments, the Legislature states
expressly and determines:
(a) This Act represents the findings, ascertainments and determinations of the
Legislature that creating the Ave Maria Stewardship Community District, by special act, pursuant
to general law, is: the best alternative as required by section 189.404(2)(e)3, Florida Statutes,
because it meets affirmatively the findings and ascertainments of this Legislature set forth
hereinabove;
(b) The creation by this Act of the District in the Stewardship Overlay Area of
Collier County is consistent affirmatively with the Collier County local government
comprehensive plan;
(c) The authority for this Act is section 189.404, Florida Statutes, and its
applicable sections, and the state plan in chapter 187.201, Florida Statutes.
(d) The Board of County Commissioners of Collier County, on 28 October 2003,
adopted a Resolution 2003-381, expressing no objection to the creation and establishment of the
Ave Maria University Stewardship Community District and finding it consistent with the County
local government comprehensive plan as provided in section 189.404(a)(e)4, Florida Statutes
(4) Intent: based upon its findings, ascertainments and determinations, the Legislature
expresses its intent:
(a) to ensure that the creation and operation of the Ave Maria Stewardship
Community District by and pursuant to this Act, exercising its management and related
financing powers to implement its limited, single and special purpose, is not a development
order within the meaning of chapter 380, Florida Statutes, and all applicable governmental
planning, environmental and land development laws, regulations, rules, policies and ordinances
apply to all development of the land within the jurisdiction of the District created by this Act.
(b) that the District operate and function subject to, and not inconsistent with, the
Collier County Growth Management Plan and Land Development Code and any applicable
development orders, zoning or other land development regulations.
l I
(c) that, under this Act, this special and single purpose Ave Maria StewardifipO' rr
Community District shall not have the power of a general purpose local government to adotl. a . L
comprehensive plan or related land development regulation as those terms are defined in the
Florida Local Government Comprehensive Planning and Land Development Regulation Act.
(d) that the charter for this District in the Act is exclusive and may be amended
only by the Legislature by subsequent special act. Any certain proposed amendment of this Act
which deals specifically, expressly and only with this s. 2, ss. (4) paragraphs (a), (b) and, (c) shall
not be considered by the Legislature unless it is accompanied with a resolution of support from
and by the Board of County Commissioners of Collier County provided and except that any other
amendments on any other subject or provision dealing with anyone or more subjects or
provisions in this Act do not require such resolution.
(e) that the Ave Maria Stewardship Community District created by this Act
constitute an innovative mechanism for long-term, sustained quality public stewardship through
the planning, implementation, construction, management and related financing, of basic systems,
facilities, services and infrastructure projects for the mixed-use new town academic community.
(f) that, it is in the public interest that this limited, independent, specialized and
single purpose District local government have perpetual existence subject only to legislative
review as provided in its charter in this Act so that it is not in a position to out live its usefulness.
(g) that the exercise by this Ave Maria Stewardship Community District of its
powers to carry out its single purpose under its charter in this Act is consistent with applicable
due process, disclosure, accountability, ethics, conflicts of laws, government in the sunshine,
competitive procurement (consultants, competitive negotiation and competitive bidding) both as
to the government entity itself and as to its appointed or elected officials as required in this Act.
(5) Purpose: the limited, single and specialized purpose of the Ave Maria Stewardship
Community District is to provide community development systems, facilities, services, projects,
improvements and infrastructure to the Ave Maria community by exercising its various
management powers, with related financing powers, both general and special, as set forth by and
limited by its charter in this Act.
(6) Definitions: as used in this Act, the word or terms:
(a) "Ad valorem bonds" means bonds which are payable from the proceeds of ad
valorem taxes levied on real and tangible personal property and which are generally referred to as
general obligation bonds.
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(b) "Assessable improvements" means, without limitation, any and all public J
improvements and community facilities that the District is empowered to provide in accordance
with the Act, which provide a special benefit to property within the District.
(c) "Assessment bonds" means special obligations of the District which are
payable solely from proceeds of the special assessments or benefit special assessments levied for
assessable improvements; provided, however that in lieu of issuing assessment bonds to fund the
costs of assessable improvements, the District may issue revenue bonds for such purposes
payable from special assessments.
(d) "Assessments" means those non millage District assessments which include
"special assessments", "benefit special assessments" and "maintenance special assessments" and
a non-millage non-ad valorem maintenance tax if authorized by general law .
(e) "Ave Maria Stewardship Community District" means the unit of special and
single purpose local government created and chartered by this Act, including the creation of its
charter, and limited to the performance, in implementing its single purpose, of those general and
special powers authorized by its charter under this Act; the boundaries of which are set forth by
the Act; the governing head of which is created and authorized to operate with legal existence by
this Act and the purpose of which is as set forth in this Act.
(f) "Benefit Special Assessments" are District assessments imposed, levied and
collected pursuant to the provisions of ss (14) paragraph (b) of Section 4 hereof.
(g) "Board or "Board of Supervisors" means the governing board of the District
or, if such board has been abolished, the board, body or commission succeeding to the principal
functions thereof or to whom the powers given to the board by this Act have been given by law.
(h) "Bond" includes "certificate," and the provisions which are applicable to
bonds are equally applicable to certificates. The term "bond" includes any general obligation
bond, assessment bond, refunding bond, revenue bond and other such obligation in the nature of
a bond as is provided for in this Act, as the case may be.
(i) "Developed Urban Area" means any reasonably compact urban area.
U) "Cost or Costs", when used with referenced to any project, include, but not
limited to:
1. The expenses of determining the feasibility or practicability of
acquisition, construction, or reconstruction.
2. The cost of surveys, estimates, plans, and specifications.
3. The cost of improvements
4. Engineering, fiscal, and legal expenses and charges.
}3
5. The cost of all labor, materials, machinery and equipment 1 0 I-l
6. The cost of all lands, properties, rights, easements, and franchises I I
acquired.
7. Financing charges.
8. The creation of initial reserve and debt service funds.
9. Working capital
10. Interest charges incurred or estimated to be incurred on money
borrowed prior to and during construction and acquisition and for such reasonable period of time
after completion of construction or acquisition as the board may determine
11. The cost of issuance of bonds pursuant to this Act, including
advertisements and printing.
12. The cost of any bond or tax referendum held pursuant to this Act and
all other expenses of issuance of bonds.
13. The discount, if any, on the sale or exchange of bonds.
14. Administrative expenses.
15. Such other expenses as may be necessary or incidental to the
acquisition, construction, or reconstruction of any project or to the financing thereof, or to the
development of any lands within the District.
16. Payments, contributions, dedications and any other exactions required
as a condition to receive any government approval or permit necessary to accomplish any District
purpose.
(k) "District" means "Ave Maria Stewardship Community District".
(1) "District manager" means the manager of the District.
(m) "District roads" means highways, streets, roads, alleys, sidewalks,
landscaping, storm drains, bridges, and thoroughfares of all kinds of descriptions.
(n) "General obligation bonds" means bonds which are secured by, or provide for
their payment by, the pledge, in addition to those special taxes levied for their discharge and such
other sources as may be provided for their payment or pledged as security under the resolution
authorizing their issuance, of the full faith and credit and taxing power of the District and for
payment of which recourse may be had against the general fund of the District.
(0) "Governing Board Member" means any member of the Board of Supervisors.
(p) "Land Development Regulations" means those regulations of general purpose
local government, adopted under the Florida Local Government Comprehensive Planning and
Land Development Regulations Act, Florida's Growth Management Act, under chapter 163,
/1/
Florida Statutes, as amended from time to time, to which the District is subject and as to W"fhQ H
the District may not doing anything that is inconsistent; but this term shall not mean spe~c I
management engineering, planning and other criteria and standards needed in the daily
management and implementation by the District of its provision of basic systems, facilities,
services, works, improvements, projects or infrastructure, including designs criteria and
standards, so long as they remain subject to, and are not inconsistent with, the Collier County
Growth Management Plan and the applicable land development regulations.
(q) "Landowner" means the owner of a freehold estate as appears by the deed
record, including a trustee, a private corporation, and an owner of a condominium unit; it does
not include a reversioner, remainderman, mortgagee or any governmental entity, who shall not be
counted and need not be notified of proceedings under this Act. Landowner shall also mean the
owner of a ground lease from a governmental entity, which leasehold interest has a remaining
term, excluding all renewal options, in excess of 50 years.
(r) "Local general-purpose government" means a county, municipality or
consolidated city-county government.
(s) "Maintenance Special Assessments" are assessments imposed, levied and
collected pursuant to the provisions of s. 14(d) of s. 4 hereof.
(t) "Non-ad valorem assessment(s)" means those assessments levied and imposed
by the Board of Supervisors of the Ave Maria Stewardship Community District which are not
based upon millage and which constitute, pursuant to the provisions hereof, first liens on the
properties subject thereto, coequal with the liens of state, county, municipal and school board
taxes:
1. if and when pursuant to general law, those non millage and non-ad
valorem taxes, limited expressly and only to those certain maintenance taxes provided for
expressly in the District charter in this Act which are not ad valorem taxes and are not special
assessments; and
2. assessments which are not taxes and are special assessments levied and
imposed by the Board of Supervisors of the District pursuant to informed and nonarbitrary
determination by the Board of Supervisors that: the systems, facilities and services will provide,
as a logical connection to the applicable parcels of property, special benefits peculiar to the
property, different in kind and degree than general benefits; and further that the duty to pay per
parcel will be apportioned in a manner that is fair and reasonable; and which may be known and
referred to as "assessments", "special assessments" "maintenance assessments" or "benefit
assessments" as defined by and as may be applicable in the context of this charter. The levy of
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maintenance assessments to maintain a system or facility constructed and financed by spef1alO H
assessments levied by the District may be based on the assessment methodology by which -A,e I
construction special assessments are levied but upon a determination that the maintenance special
assessments also provide a special and peculiar benefit to the property and are apportioned in a
manner that is fair and reasonable.
3. Any assessments which may be levied, imposed and equalized by the
District Board of Supervisors by rule of the District.
(u) "Powers" means used and exercised by the Board of Supervisors of the
District to accomplish the single, limited and special purpose of the District including:
1. "General powers", as provided in the Act for the District charter, means
those organizational and administrative powers of the District as provided in this Act in its
charter in order to carry out its single special purpose as a local government public corporate
body politic;
2. "Special powers" means those powers numerated by the Act in the
charter of the District to carry out its specialized systems, facilities, services, projects,
improvements and infrastructure and related functions in order to carry out its single specialized
purpose.
3. any other powers, authority and functions set forth in this Act.
(v) "Project" means any development, improvement, property, power. utility,
facility enterprise, service, system, facility, works or infrastructure now existing or hereafter
undertaken or established under the provisions of this Act.
(w) "Qualified elector" means any person at least 18 years of age who is a citizen
of the United States. a legal resident of Florida and of the District and who registers to vote with
the Supervisor of Elections in the county in which the District land is located.
(x) "Refunding bonds" means bonds issued to refinance outstanding bonds of any
type of the interest and redemption premium thereon. Refunding bonds shall be issuable and
payable in the same manner as the refinanced bonds except that no approval by the electorate
shall be required unless required by the State Constitution.
(y) "Revenue bonds" means obligations of the District which are payable from
revenues, including, but not limited to. special assessments and benefit special assessments,
derived from sources other than ad valorem taxes on real or tangible personal property and which
do not pledge the property, credit or general tax revenue of the District.
(z) "Sewer system" means any plant, system, facility or property, and additions,
extensions. and improvements thereto at any future time constructed or acquired as part thereof,
I b
useful or necessary or having the present capacity fur future use in connection with "Ie 0 If
collection. treatment. purification or disposal of sewage, including, without limitation, industJ.I '1
wastes resulting from any process of industry, manufacture, trade or business or from the
development of any natural resource. Without limiting the generality of the foregoing. the term
"sewer system" includes treatment plants, pumping stations, lift stations, valves, force mains,
intercepting sewers, laterals, pressure lines, mains, and all necessary appurtenances and
equipment; all sewer mains, laterals. and other devices for the reception and collection of sewage
from premises connected therewith; and all real and personal property and any interest therein,
rights, easements, and franchises of any nature relating to any such system and necessary or
convenient for operation thereof.
(aa) "Special assessments" shall mean assessments as imposed, levied and
collected by the District for the costs of assessable improvements pursuant to the provisions of
this Act, of chapter 170, Florida Statutes. as amended from time to time, and of the additional
authority under section 197.3631, Florida Statutes,as amended from time to time, or other
provisions of general law , now or hereinafter enacted, which provide or authorize a supplemental
means to impose, levy and collect special assessments.
(bb) "Taxes" or ''Tax'' means those levies and impositions of the Board of
Supervisors which support and pay for government and the administration of law and which may
be:
1. "ad valorem" or "property" taxes based upon both the appraised value
of property and millage, at a rate uniform within the jurisdiction;
2. if and when authorized by general law, "non-ad valorem maintenance
taxes" not based on millage which are used to maintain District systems, facilities and services.
(cc) "Urban Area" means a developed and inhabited urban area within the District
within a minimum acreage resident population density of least 1.5 persons per acre as defined by
the latest official census, special census or population estimate or a minimum density of one
single-family home per 2.5 acres with access to improved roads or a minimum density of one
single-family home per 5 acres within a recorded plat subdivision. Urban areas shall be
designated by the Board of Supervisors of the District with the assistance of all local general-
purpose-governments having jurisdiction over the area within the jurisdiction of the District.
(dd) "Water system" means any plant, system, facility, or property and additions,
extensions, and improvements thereto at any future time constructed or acquired as part thereof,
useful or necessary or having the present capacity for future use in connection with the
development of sources, treatment, or purification and distribution of water. Without limiting
17
the generality of the foregoing, the term "water system" includes dams, reservoirs, storage, ta'1fs,O
mains, lines, valves, pumping stations, laterals, and pipes for the purpose of carrying water t01e H
premises connected with such system, and all rights, easements, and franchises of any nature
relating to any such system and necessary or convenient for the operation thereof.
(7) Policy: Based upon its findings, ascertainments, determinations, intent, purpose and
definitions, the Legislature states its policy expressly:
(a) The District and District charter, with its general and special powers, created
herein expressly in this Act, are essential and the best alternative for the unique location and
nature of the new community for academic, residential, commercial and other community uses,
projects or functions in the Rural Lands Stewardship Area Overlay of Eastern Collier County
consistent with and designed to enhance the Stewardship Overlay Program and to serve a lawful
public purpose;
(b) This District, a local government, a corporate body politic, is limited to its
single, narrow and special legislative purpose herein expressed, with the power to provide, plan,
implement, construct, maintain and finance as a local government management entity its basic
systems, facilities, services, improvements, infrastructure and projects and possessing financing
powers to fund its management power over the long term and with sustained levels of high
quality commensurate with the Stewardship Overlay.
(c) This Act may be amended only by special act of the Florida Legislature in
whole or in part.
Section 3.
Minimum general law requirements; creation and establishment; boundaries; jurisdiction;
construction; charter with legal description.
(1) Pursuant to section 189.404(3), Florida Statutes, the Legislature sets forth that the
minimum requirements in paragraphs (a) through (0) have been met in the identified provisions
of the Act as follows:
(a) The purpose of the District is stated in the Act in section 2, subsection (5)
(b) the powers, functions and duties of the District are generally in section 4,
subsection (3) paragraphs (g) and (h) and subsections (5) - (16), (18), (19), (21), (25), and (32) as
to which:
1. taxation provisions are set forth in section 2, subsection (bb); section 4,
subsection (3), paragraph (h); subsection (14), paragraphs (a), (c), (f), (g) and (i); and subsections
(17), (18), and (19)
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2. bond issuance provisions are set forth generally in section 2; sectiol4,
subsections (8), paragraph (d); subsections (10) - (13) and subsection (16), paragraphs (b) dO H
(c).
3. provisions regarding the other revenue raising capabilities are set forth
in section 2, subsection (6), paragraphs (b), (d), (s), (t) and (aa); and section 4, subsection (10)
and (11); subsection (14), paragraphs (b), (d), (e), (h), (i) and (j); and subsections (15) and (16).
4. provisions regarding fees, rentals and charges are in section 2,
subsection (6); and section 4, subsection (8), paragraph (i); and subsections (22) - (25).
5. provisions regarding budget preparation and approval are in section 4,
subsections (5), (6) and (9).
6. provisions regarding liens and foreclosures of liens are in section 4,
subsection (14), paragraphs (f), (g), (h) and (i); and subsections (15), (17), (18) and (19).
7. provisions regarding the use of tax deeds and tax certificates as
appropriate for non-ad valorem assessments are set forth in section 4, subsection (8), paragraph
(0) and subsection (14), paragraphs (b), (c), (d), (e), (f), (h) and (i), and subsection (15).
8. provisions regarding contractual agreements are in section 4 in
subsection (8), paragraphs (c), (I), (p), (r) and (s); subsection (9), paragraphs (k), (0), (p), (s), (t),
(v) and (w).
(c) the provisions for methods for establishing the District are section 2,
subsection (e), paragraph (6); section 3; and effective as provided in section 6.
(d) the methods for amending the charter of the District are set forth in section 2,
subsection (7), paragraph (c); section 3, subsection (4); and section 4, subsection (28).
(e) the provisions regarding aspects of the governing board are as follows:
1. provisions for the membership of the governing board are: section 4,
subsection (3), paragraph (b); and subsection (4), paragraph (c).
2. provisions regarding the organization of the governing board are in
section 4, subsection (3), paragraphs (b) - (d) and subsection (4), paragraph (c).
3. provisions regarding the requirement of five board members are in
section 4, subsection (3), paragraph (b) and subsection (4), paragraph (c), subparagraph 1.
4. the provisions regarding the quorum of the governing board are in
section 4, subsection (3), paragraph (b) and in subsection (4) paragraph (c), subparagraph 1, sub-
subparagraph e.
(f) the provisions regarding maximum compensation of each board member are in
section 4, subsection (4), paragraph (c), and in particular in subparagraph 1, sub-subparagraph h.
J /
Section 4, subsection (4), paragraph (c), subparagraph 1, sub-subparagraph h.
(g) the provisions regarding the administrative duties of the governing board are
found in section 4, subsections (5) - (8).
(h) the provisions applicable to financial disclosure, noticing and reporting
requirements for:
1 0 f-{
1. financial disclosure are in section (6), and subsection (7).
2. voting are section 4, subsections (3) and (4)
3. reporting requirements are in section 4, subsections (5) - (7) and
paragraph (31).
(i) the provisions regarding procedures and requirements for issuing bonds are:
1. for issuing bonds are in section 4, subsection (12), in particularly
paragraphs (a), (b), (i), (k) and (I) and related provisions dealing with trust agreements in
paragraph (13).
2. for issuing bonds are in section 4, subsection (12), and particularly
paragraphs (c) - (q); and subsection (13).
(j) the provisions regarding elections or referenda are:
1. For procedures for elections are section 4, subsections (3) and (4) and
regarding referenda are in section 4, subsection (14), paragraph (a).
2. for qualifications of an elector of the District, a qualified elector, are
section 2, subsection (6), subparagraph (w) and section 4, subsection (3), paragraph (b) and (c).
3. for referenda in section 4, subsection (4), paragraph (b).
(k) the provisions regarding methods for financing the District are generally in
section 4, subsections (10), (11), (14), (15), (16), (17), (18) and (19).
(I) other than taxes levied for the payment of bonds and taxes levied for periods
not longer than two years when authorized by vote of the electors of the District, the provisions
for:
1. the authority to levy ad-valorem taxes are in section 4, subsection (14),
paragraph (a); section 4, subsection (3), paragraph (h); and section 2, subsection (6) paragraph
(bb) section 1.
2. the authorized millage rate are in section 4, subsection (14), paragraph
(a).
(m) the prOVISIons for the method or methods of collecting non-ad valorem
assessments, fees or service charges are:
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1. for collecting non-ad valorem assessments in section 4, subsection (1~),
paragraphs (b), (c), (d), (e), (h) and (i); and section 4, subsection (15). 1 0 f.[
2. for collecting fees and service charges in section 4, subsection (22).
(n) the provisions for planning requirements are as limited by the provisions of section 2 and 3,
as limited further by section 4, subsection (8) and (9).
(0) the provisions for geographic boundary limitations of the District are set forth
in section 3, subsection (2) - (4); and section 4, subsection (2).
(2) Creation and Establishment. The Ave Maria Stewardship Community District, which
may also be referred to and be known as the "Stewardship Community District", "The Ave Maria
District" or "District", is created and incorporated hereby as a public body, corporate and politic,
an independent, limited, special and single purpose local government, an independent special
district, under section 189.404, Florida Statutes, as amended from time to time, and as defined in
this Act and in section 189.403(3), Florida Statutes, as amended from time to time, in and for
Eastern Collier County, Florida, providing further that any amendments to chapter 190, Florida
Statutes after January 1, 2004, granting additional general powers, special powers, authorities or
projects to a community development district by amendment to its uniform charter, sections
190.006 - 190.041, Florida Statutes, shall constitute a general power, special power, authority or
function of the Ave Maria Stewardship Community District. Because all notices for the
enactment by the Florida Legislature of this Act, a special act, have been provided pursuant to the
FLorida Constitution, the laws of Florida and the rules of the Florida House of Representatives
and of the Florida Senate, and because Collier County is not a charter county, no referendum
subsequent to the effective date of this Act is required. The District, as created by this Act, is
established on the property pursuant to Section 6 and Section 4 ss (3).
(3) The territorial boundary of the District shall embrace and include, without reservation
or enclave, all of that certain real property described legally in the following ss 4(2).
(4) The jurisdiction of this District, in the exercise of its general and special powers, and
in the carrying out of its single, narrow and special purpose, is both within the external
boundaries of the legal description of this District and extraterritorially, when limited to, and as
authorized expressly elsewhere in, the charter of the District in this Act or applicable general law.
This single purpose District is created for all public body corporate, politic and local government
authority and power limited by its charter, this Act, and subject to the provisions of other general
laws, including expressly chapter 189, Florida Statutes, except that an inconsistent provision in
this Act shall control and the District has jurisdiction to perform such acts and exercise such
projects, functions and powers as shall be necessary, convenient, incidental, proper or reasonable
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. f' I' . d . I d . l' d d' h 1 Od H
for the implementatIOn 0 Its .mlte , SlOg e an specla lze purpose regar 109 t e soun
planning, provision, acquisition, development, operation, maintenance and related financing of
those public systems, facilities, services, improvements, projects and infrastructure works as
authorized herein including those necessary and incidental thereto.
(5) Exclusive Charter. The exclusive charter of the HAve Maria Stewardship Community
District" is this Act and may be amended only by special act of the Legislature.
Section 4. --- Disposition of Section 2 and 3; legal description; exclusive charter of the HAve
Maria Stewardship Community District"
(1) This Act constitutes the exclusive charter of the Ave Maria Stewardship Community
District.
(2) Legal description. The metes and bounds legal description of the District, within
which there are no enclaves or parcels of property owned by those who do not wish their property
to be included within the District, is as follows:
METES AND BOUNDS DESCRIPTION
DESCRIPTION OF PART OF SECTIONS 21,22,27, 28. 29,30, AND 33
AND ALL OF SECTIONS 31 AND 32. TOWNSHIP 47 SOUTH, RANGE 29 EAST,
AND
PART OF SECTIONS 4, 9,16,17, AND 18
AND ALL OF SECTIONS 5,6,7, AND 8, TOWNSHIP 48 SOUTH, RANGE 29 EAST,
AND
PART OF SECTIONS 1, 12 AND 13, TOWNSHIP 48 SOUTH, RANGE 28 EAST,
AND
ALL OF SECTION 36. TOWNSHIP 47 SOUTH, RANGE 28 EAST,
COLLIER COUNTY, FLORIDA
COMMENCING AT the NORTHWEST CORNER OF SECTION 27, TOWNSHIP 47 SOUTH,
RANGE
29 EAST, COLLIER COUNTY, FLORIDA.
THENCE ALONG THE NORTH LINE OF SAID SECTION 27 NORTH 89042'22" EAST 40.00
FEET TO THE INTERSECTION WITH THE WEST RIGHT -OF- WAY LINE OF CAMP
KEIAS ROAD
(80' RIGHT -OF- WAY) AND THE POINT OF BEGINNING OF THE PARCEL HEREIN
DESCRIBED:
THENCE ALONG SAID RIGHT -OF- WAY LINE IN THE FOLLOWING TWENTY FOUR
(24)
DESCRIBED COURSES;
1) SOUTH 00015'32" EAST 4936.39 FEET;
2) 395.35 feet along the arc of a non-tangential circular
curve concave west having a radius of 3,707.51 feet through a central angle
of 06005'35" and being subtended by a chord which bears South 02047'23" West
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395.17 feet;
3) South 05050'40" West 101.17 feet;
4) Thence South 89037'49" West 7.63 feet;
5) SOUTH 00014'32" EAST 73.58 FEET;
6) SOUTH 05051'27" WEST 224.83 FEET;
7) 403.87 FEET ALONG THE ARC OF A NON-TANGENTIAL CIRCULAR CURVE
CONCAVE
EAST HAVING A RADIUS OF 3,798.14 FEET THROUGH A CENTRAL ANGLE OF
06005'33" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 02045'21"
WEST
403.68 FEET;
8) SOUTH 00014'33" EAST 1,907.96 FEET;
9) SOUTH 00022'10" EAST 2,609.43 FEET;
10) SOUTH 00030'10" EAST 2,673.59 FEET;
11) SOUTH 00035'31" EAST 2,684.14 FEET;
12) SOUTH 00038'11" EAST 2,610.47 FEET;
13) SOUTH 00030'34" EAST 200.03 FEET;
14) 202.91 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE EAST
HAVING A RADIUS OF 2,702.95 FEET THROUGH CENTRAL ANGLE OF 04018'04" AND
BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 02039'36" EAST 202.86
FEET;
15) SOUTH 04048'38" EAST 400.00 FEET;
16) SOUTH 05008'04" EAST 95.99 FEET;
17) SOUTH 00029'16" EAST 101.03 FEET;
18) CONTINUE ALONG SAID LINE SOUTH 00029'16" EAST 1,609.23 FEET;
19) SOUTH 00059'03" EAST 2,660.06 FEET;
20) SOUTH 00056'00" EAST 2,246.44 FEET;
21) 104.19 FEET ALONG THE ARC OF A NON-TANGENTIAL CIRCULAR
CURVE CONCAVE WEST HAVING A RADIUS OF 461.33 FEET THROUGH A CENTRAL
ANGLE OF
12056'25" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 05033'57"
WEST
103.97 FEET;
22) SOUTH 12002'43" WEST 100.00 FEET;
23) 122.31 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE EAST
HA VING A RADIUS OF 540.00 FEET THROUGH CENTRAL ANGLE OF 12058'40" AND
BEING
SUBTENDED BY A CHORD WHICH BEARS SOUTH 05033'23" WEST 122.05 FEET;
24) SOUTH 00055'58" EAST 49.54 FEET TO THE NORTH RIGHT OF WAY
LINE OF OIL WELL ROAD (100' RIGHT OF WAY)
THENCE ALONG SAID NORTH RIGHT OF WAY IN THE FOLLOWING EIGHT (8)
DESCRffiED
COURSES;
1)
2)
3)
4)
5)
6)
7)
SOUTH 88057'46" WEST 2,595.92 FEET;
SOUTH 88054'34" WEST 2,641.05 FEET;
SOUTH 88057'06" WEST 2,570.04 FEET;
SOUTH 88055'37" WEST 2,702.71 FEET;
SOUTH 88056'50" WEST 2,645.03 FEET;
SOUTH 88056'28" WEST 2,639.06 FEET;
SOUTH 89044'55" WEST 2,676.56 FEET;
;23
8) SOUTH 89044'33" WEST 0.82 FEET TO THE WEST LINE OF THOSE 1 0 H
LANDS DESCRIBED IN O.R. BOOK 2493, PAGE 2779-2796;
THENCE ALONG SAID LINE NORTH 01011'28" WEST 2,637.90 FEET TO THE NORTH
LINE
OF THOSE LANDS DESCRIBED IN O.R. BOOK 2493, PAGE 2779-2796;
THENCE ALONG SAID LINE NORTH 89032'26" EAST 1,332.28 FEET TO A NORTHWEST
CORNER OF THOSE LANDS DESCRIBED IN O.R. BOOK 2009 PAGE 1554-1558;
THENCE ALONG THE NORTH LINE OF SAID LANDS NORTH 89032'26" EAST 360.40
FEET
TO THE INTERSECTION WITH THE WEST LINE OF THOSE LANDS DESCRIBED IN
O.R. BOOK
2943 PAGE 2779-2796;
THENCE ALONG THE WEST LINE OF SAID LANDS NORTH 01011'02" WEST 2,688.15
FEET
TO THE INTERSECTION WITH SOUTH LINE OF SECTION 12, TOWNSHIP 48 SOUTH,
RANGE
28 EAST,
THENCE ALONG SAID LINE SOUTH 89024'56" WEST 151.63 FEET TO THE
INTERSECTION
WITH THE WEST LINE OF THOSE
LANDS DESCRIBED IN O.R. BOOK 2493 PAGE 2779-2796;
THENCE ALONG THE WEST LINE OF SAID LANDS NORTH 00044'30" WEST 5,387.66
FEET
TO THE INTERSECTION WITH THE NORTH LINE OF SAID SECTION 12;
THENCE ALONG SAID NORTH LINE NORTH 89000'09" EAST 23.81 FEET TO
INTERSECTION
WITH THE WEST LINE OF THOSE LANDS DESCRIBED IN O.R. BOOK 2493 PAGES
2779-2796;
THENCE ALONG THE WEST LINE OF SAID LANDS NORTH 00043' 12" WEST 5,312.87
FEET
TO THE SOUTH LINE OF SECTION 36, TOWNSHIP 47 SOUTH, RANGE 28 EAST;
THENCE ALONG SAID SOUTH LINE SOUTH 89028'47" WEST 1,591.63 FEET;
THENCE CONTINUE ALONG SAID SOUTH LINE SOUTH 89028'47" WEST 2,658.12 FEET
TO
THE SOUTH WEST CORNER OF SAID SECTION 36;
THENCE ALONG THE WEST LINE OF SAID SECTION 36 NORTH 00012'02" WEST
2,594.56 FEET;
THENCE CONTINUE ALONG THE WEST LINE OF SAID SECTION 36 NORTH 00013'09"
EAST
2,595.59 FEET TO THE NORTHWEST CORNER OF SAID SECTION 36;
THENCE ALONG THE NORTH LINE OF SAID SECTION 36 NORTH 89057'18" EAST
2,678.23
FEET;
THENCE CONTINUE ALONG THE NORTH LINE OF SAID SECTION NORTH 89057' 18"
EAST
2,678.23 FEET TO THE NORTH EAST CORNER OF SAID SECTION 36;
THENCE ALONG THE WEST LINE OF SECTION 30, TOWNSHIP 47 SOUTH, RANGE 29
EAST,
NORTH 00013'04" WEST 2,580.06 FEET;
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THENCE CONTINUE ALONG SAID WEST LINE OF SAID SECTION 30 NORTH 000101451 0 H
WEST
2,527.41 FEET TO THE SOUTH RIGHf OF WAY LINE OF IMMOKALEE ROAD (100'
RIGHT
OF WAY)
THENCE ALONG SAID RIGHf OF WAY LINE FOR THE FOLLOWING NINE (9)
DESCRIBED
COURSES;
1) SOUTH 89043'35" EAST 0.74 FEET;
2) NORTH 87040'12" EAST 2,582.06 FEET;
3) NORTH 87038'44" EAST 2,630.49 FEET;
4) NORTH 87041'38" EAST 2,640.92 FEET;
5) NORTH 87046'05" EAST 2,645.58 FEET;
6) NORTH 89037'45" EAST 2,687.06 FEET;
7) NORTH 89039'06" EAST 780.08 FEET;
8) 3,074.23 feet along the arc of a non-tangential circular
curve concave northwest having a radius of 1,960.26 feet through a central
angle of 89051'20" and being subtended by a chord which bears North
44042'37" East 2,768.73 ;
9) North 00027'14" West 663.14 feet TO THE INTERSECTION WITH
THE SOUTH RIGHT-OF-WAY LINE OF SAID CAMP KEIAS ROAD;
Thence ALONG SAID RIGHT -OF- WAY LINE IN THE FOLLOWING SEVEN (7)
DESCRIBED
COURSES:
1) South 89056'24" East 266.14 feet;
2) 722.56 feet along the arc of a non-tangential circular curve concave
southwest having a radius of 460.00 feet through a central angle of
89059'58" and being subtended by a chord which bears South 44056'23" East
650.54 feet;
3) South 00003'36" West 600.00 feet;
4) 529.01 feet along the arc of a circular curve concave west having a
radius of 760.00 feet through central angle of 39052'53" and being subtended
by a chord which bears South 20000'02" West 518.39 feet;
5) South 39056'29" West 543.45 feet;
6) 589.90 feet along the arc of a circular curve concave east having a
radius of 840.00 feet through central angle of 40014'11" and being subtended
by a chord which bears South 19049'24" West 577.85 feet;
7) South 00017'42" East 60.83 feet TO THE POINT OF BEGINNING.
CONTAINING 10805.08 ACRES, MORE OR LESS.
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
BEARINGS ARE BASED ON THE WEST HALF OF THE SOUTH LINE OF SECTION 16,
TOWNSHIP 48 SOUTH, RANGE 29 EAST. COLLIER COUNTY, FLORIDA BEING SOUTH
88054'34" WEST.
(3) Board of supervisors; members and meetings; organization; powers; duties; and terms
of office with related election requirements.
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(a) The board of the District shall exercise the powers granted to the DiS}CO H
pursuant to this Act in order to implement its specialized single purpose.
(b) There is hereby created the Board of Supervisors of the Stewardship
Community District which shall be the governing board and body of the District. Except as
otherwise provided herein, each member shall hold office for a term of four years and until a
successor is chosen and qualifies. There shall be five members of the Board of Supervisors who
shall, in order to be eligible, be residents of the State of Florida and citizens of the United States.
Three members shall constitute a quorum.
(c) Within in 45 days after the effective date of this Act, a special noticed meeting
of the landowners of the Ave Maria Stewardship Community District shall be held for the
purpose of electing the members to the first Board of Supervisors for the District as herein
provided. Notice of such special meeting of the landowners shall be given by causing
publication thereof to be made once a week for two consecutive weeks prior to such meeting in a
newspaper of general paid subscription and circulation in Collier County the last day of such
publication not to be fewer than 14 or more than 28 days before the day of the election. Such
special meeting of the landowners shall be held in a public place in Collier County and the place,
date and hour of holding such meeting and the purpose whereof shall be stated expressly in the
notice. The landowners when assembled shall organize by electing a Chair, who shall preside at
the meeting of the landowners and a Secretary, who shall record the proceedings. At such
meeting, for the election of each person to be elected, each and every acre of land, or any fraction
thereof, within the boundary of the District shall represent one vote and each owner of that acre
of fraction thereof shall be entitled to one vote for every such acre or fraction thereof. Persons
who qualify to serve as board members shall be nominated at the noticed meeting and prior to the
initial election at the noticed meeting. A landowner may vote in person or by proxy in writing.
A landowner who sells land to a bona fide purchaser may by written lawful instrument retain the
voting rights for that acreage.
(d) At the landowners meeting for the election of the members of the Board of
Supervisors on a one-acre/one-vote basis, the two candidates receiving the highest number of
votes shall be elected for a term expiring November 30, 2006 and the three candidates receiving
the next largest number of votes shall be elected for a term expiring November 30, 2008. The
members of the first board elected by the landowner shall serve as their four year or two year
term; however. the next election by the landowner shall be held on a first Tuesday in November.
Thereafter, there shall be an election of supervisors for the District every two years in November
on a date established by the board and noticed pursuant to paragraph (c). The two candidates
Jb
receiving the highest number of votes shall be elected to serve for a four year period and ute
remaining candidates shall serve for a two year period. l 0 H
(e) The landowners present at the meeting shall constitute a quorum.
(f) All vacancies or expirations on the Board shall be filled as provided by this
Act. (g) In case of a vacancy in the office of any member of the Board of Supervisors,
the remaining members of the Board of Supervisors shall by majority vote appoint a person to
serve as a member of the Board of Supervisors for the unexpired portion of the term.
(h) If the board proposes to exercise its limited ad valorem taxing power as
provided elsewhere in this Act charter, then the provisions of s 4 ss (14) paragraph (a) in this Act
shall apply.
(4) Election; popular elections, referendum and designation of urban areas:
(a) Elections of the members of the Board of Supervisors of the District shall be
conducted on a one-acre/one-vote basis as provided in Section 4, subsection (3) and sub-
subsection (c) of this Act, until and unless the provisions of Section 4, sub-subsection (4)(b)
apply. When and as applicable and required, the appropriate provisions of section 189.405,
Florida Statutes, as amended from time to time, apply.
(b) Referendum; designation of urban areas.
1. a referendum shall be called by the Board of Supervisors of the District,
each member elected on a one-acre/one-vote basis, on the question of whether certain members
of the board should be elected by qualified electors, providing each of the following conditions
has been satisfied at least 60 days prior to the general or special election at which the referendum
is to be held:
a. that the District has at least 500 qualified electors based on the
most recent state population estimate.
b. a petition signed by 10% of the qualified electors of the District
shall have been filed with the Board of Supervisors of the District. The petition shall be
submitted to the Supervisor of Elections of Collier County who shall, within 30 days after receipt
of the petition, certified to the board the percentage of signatures of qualified electors contained
on the petition.
2. upon verification by the Supervisor of Elections that 10% of the
qualified electors of the District have petitioned the Board of Supervisors at the next regularly
scheduled election of governing board members occurring at least 60 days after verification of
the petition.
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3. if the qualified electors approve the election procedure described intis() H
section, the governing board of the District shall remain fi ve members and elections shall be tlelctU
pursuant to the criteria described in this section, beginning with the nex.t regularly scheduled
election of governing board members or at a special election called within six months following
the referendum and final un appealed approval of District urban area maps as provided in this
section, whichever is earlier.
4. if the qualified electors of the District disapprove the election procedure
described in this section, elections of the members of the Board of Supervisors shall continue as
described in this Act on a one-acre/one-vote basis. No further referendum on the question shall
be held for a minimum period of two years following the referendum.
5. within 30 days after approval of the election process described in this
section by qualified electors of the District, the Board of Supervisors shall direct the District staff
to prepare and to present maps of the District describing the extent and location of all urban areas
within the District, such determination shall be based upon the criteria contained in the definition
of "urban area", in this Act.
6. within 60 days after approval of the election process described in the
subsection by qualified electors of this District, the maps describing urban areas within the
District shall be presented to the Board of Supervisors.
7. any District landowner or elector may contest the accuracy of the urban
area maps prepared by the staff of the District within 30 days after submission to the Board of
Supervisors. Upon notice of objection to the maps, the governing board shall request the county
engineer to prepare and to present maps of the District describing the extent and location of all
urban areas within the District. Such determination shall be based limitedly and exclusi vely
upon the criteria contained in the definition in this Act of "urban area". Within 30 days after the
governing board requests, the county engineer shall present the maps to the governing board.
8. upon presentation of the maps by the county engineer, the governing
board shall compare the maps submitted by both the District staff and the county engineer and
make a determination as to which set of maps to adopt. Within 60 days after presentation of all
such maps, the governing board may amend and shall adopt the official maps at a regularly
scheduled board meeting.
9. any District landowner or qualified elector may contest the accuracy of
the urban area maps adopted by the Board after adoption in accordance with the provision for
judicial review as provided in Florida Administrative Procedure Act. Accuracy shall be
determined pursuant to the definition of "urban area" in this Act.
)f
10. upon adoption by the Board or certification by the court, the Di!' CD H
urban area maps shall serve as the official maps for determination of the extent of urban a
within the District and the number of members of the Board of Supervisors to be elected by
qualified electors and by the one-acre/one-vote principle at the next regularly scheduled election
of governing board members.
11. upon a determination of the percentage of urban area within the
District as compared with total area within the District, the governing board shall order electors
in accordance with the percentages pursuant to paragraph (4)(b) below. The landowners'
meeting date shall be designated by the Board of Supervisors.
12. the map shall be updated and re-adopted every fi ve years or sooner at
the discretion of the Board of Supervisors.
(c) Governing Board
1. Composition of the board.
a. The five members of the governing board of the District shall be
elected in accordance with the following determinations of urban area:
(I) if urban areas constitute 25 percent or less of the
District, one governing board member shall be elected by the qualified electors and four
governing board members shall be elected in accordance with the one-acre/one-vote principle
contained within s. (3)or the district-enabling legislation.
(II) if urban areas constitute more than 25 percent but less
than 50 percent of the District, two governing board members shall be elected by the qualified
electors and three governing board members shall be elected in accordance with the one-
acre/one-vote principle contained in s. (3) or the district-enabling legislation.
(m) if urban areas constitute at least 50 percent but less
than 70 percent of the District, three governing board members shall be elected by the qualified
electors and two governing board members shall be elected in accordance with the one-acre/one-
vote principle contained in s. (3) or the district-enabling legislation.
(IV) if urban areas constitute at least 70 percent but less
than 90 percent of the District, four governing board members shall be elected by the qualified
electors and one governing board member shall be elected in accordance with the one-acre/one-
vote principle contained in s. (3)
or the district-enabling legislation.
(V) If urban areas constitute at least 90 percent or more of
the District, all governing board members shall be elected by the qualified electors.
cJt___
b. All members of the Board of Supervisors, regardless oflo{) H
elected, shall be public officers, known as Supervisors, and, upon entering into office, shall take
and subscribe to the oath of office as prescribed by section 87.05, Florida Statutes, as amended
from time to time. All members of the Board of Supervisors, regardless of how elected, and
regardless of whether they are qualified electors themselves or not, shall be public officials and
subject to ethics and conflict of interest laws of the State of Florida that apply to all public
officers. They shall hold office for the terms for which they were elected and until there
successors are chosen and qualified.
Any elected member of the Board of Supervisors may be removed
by the Governor for malfeasance, misfeasance, dishonesty, incompetency or failure to perform
the duties imposed upon him or her by this Act and any vacancies which may occur in such
office shall be filled by the Governor, as soon as practicable, unless filled by the Board as
provided in this Act.
c. All governing board members elected by qualified electors shall
be qualified electors elected at large. Candidates seeking election as qualified electors shall
conduct their campaigns in accordance with the provisions of chapter 106, Florida Statutes, as
amended from time to time, and shall file petitions as required in section 99.021, Florida
Statutes, as amended from time to time, and take the oath therein prescribed.
(I) term of office. - All governing board members elected
by qualified electors shall have a term of 4 years except for governing board members elected at
the first election and the first landowners' meeting following the referendum prescribed in s. 4,
ss. (4). Governing board members elected at the first election and the first landowners' meeting
following the referendum shall serve as follows:
(II) If one governmg board member is elected by the
qualified electors and four are elected on a one-acre/one-vote basis, the governing board
members elected by the qualified electors shall be elected for a period of 4 years. Governing
board members elected on a one-acre/one-vote basis shall be elected for periods of years,
respectively, as prescribed by s. 4, ss. (3).
(ill) If two governing board members are elected by the
qualified electors and three are elected on a one-acre/one-vote basis, the governing board
members elected by the qualified electors shall be elected for a period of 4 years. Governing
board members elected on a one-acre/one-vote basis shall be elected for periods of 1, 2, and 3
years, respectively, as prescribed by s. 4, ss. (3).
3C/
(IV) If three governing board members are elected by the
qualified electors and two are elected on a one-acrelone-vote basis, two of the governing bidO H
members elected by the electors shall be elected for a term of 4 years and the other governmg
board member elected by the electors shall be elected for a term of 2 years. Governing board
members elected on a one-acre/one-vote basis shall be elected for periods of 1 year and 2 years,
respectively, as prescribed by s. 4, ss. (3).
(V) If four governing board members are elected by the
qualified electors and one is elected on a one-acre/one-vote basis, two of the governing board
members elected by the electors shall be elected for a term of 2 years and the other two for a term
of 4 years. The governing board member elected on a one-acre/one-vote basis shall be elected
for a term of 1 year as prescribed by s. 4, ss. (3).
(VI) If five governing board members are elected by the
qualified electors, three shall be elected for a term of 4 years and two for a term of 2 years.
(Vll) If any vacancy occurs in a seat occupied by a
governing board member elected by the qualified electors, the remaining members of the
governing board shall, within 45 days after the vacancy occurs, appoint a person who would be
eligible to hold the office to the unexpired term.
(VIII) Each and every election, by qualified electors, of
members of the Board of Supervisors pursuant to this Act shall be conducted in the manner and
at a time prescribed by law for holding general elections or prescribed by the Supervisor of
Elections in and for the Collier County political subdivision.
d. Landowners' meetings.-
(I) An annual landowners' meeting shall be held pursuant to s. 4, ss. (3)
and at least one governing board member shall be elected on a one-acre/one-vote basis pursuant
to s. 4, ss. (3) for so long as 10 percent or more of the District is not contained in an urban area.
In the event all District governing board members are elected by qualified electors, there shall be
no further landowners meetings.
(ll) at any landowners' meeting called pursuant to this section, 50 percent
of the District acreage shall not be required to constitute a quorum and each governing board
member shall be elected by a majority of the acreage represented either by owner or proxy
present and voting at said meeting.
(III) all landowners' meetings of districts operating pursuant to this section
shall be set by the board within the month preceding the month of the election of the governing
board members by the electors.
3)
(IV) Vacancies on the board shall be filled pursuant to s. 4, ss. (3) and (4)
except as otherwise provided in s, 4. 1 0 H
e. Three of the members of the Board of Supervisors constitute a quorum for the
purpose of conducting its business and exercising its powers and for all other related purposes.
Action taken by the District Board of Supervisors present shall be, upon a vote of the majority of
the members present, unless general law or rule of the District subsequently promulgated requires
a greater number.
f. As soon as practicable after each election or appointment, the Board shall
organize by electing one of its members as Chair and by electing a Secretary who need not be a
member of the Board, as such other officers as the Board may deem necessary.
g. The Board shall keep a permanent record book entitled "Record of Proceedings
of Ave Maria Stewardship Community District," in which shall be recorded minutes of all
meetings, resolutions, proceedings, certificates, bonds given by all employees, and any and all
corporate acts. The record book shall at reasonable times be opened to inspection in the same
manner as state, county, and municipal records pursuant to chapter 119. The record book shall be
kept at the office or other regular place of business maintained by the Board of Supervisors
within Collier County.
h. Each supervisor shall be entitled to receive for his or her services an amount not
to exceed $200 per meeting of the Board of Supervisors, not to exceed $4,800 per year per
supervisor, or an amount established by the electors at referendum. In addition, each supervisor
shall receive travel and per diem expenses as set forth in s. 112.061, Florida Statutes, as
amended from time to time.
i. All meetings of the board shall be open to the public and governed by the
provisions of chapter 286.
2. The members of the Board of Supervisors of the District, whether elected on a one-
acre/one-vote basis or a qualified elector basis, shall constitute the members of the governing
board of the District subject to the requirements of this Act.
(5) Board of supervisors; general duties.-
(a) The board shall employ, and fix the compensation of, a district manager. The
District manager shall have charge and supervision of the works of the District and shall be
responsible for preserving and maintaining any improvement or facility constructed or erected
pursuant to the provisions of this Act, for maintaining and operating the equipment owned by the
District, and for performing such other duties as may be prescribed by the board. It shall not be a
conflict of interest under chapter 112, as amended from time to time, for a board member or the
3~
district manager or another employee of the District to be a stockholder, officer, or employee of a
landowner. The district manager may hire or otherwise employ and terminate the emPloymei 00 H
such other persons, including, without limitation, professional, supervisory, and clencal
employees, as may be necessary and authorized by the board. The compensation and other
conditions of employment of the officers and employees of the District shall be as provided by
the board.
(b) The board shall designate a person who is a resident of the state as treasurer of
the District, who shall have charge of the funds of the District. Such funds shall be disbursed
only upon the order, or pursuant to the resolution, of the board by warrant or check countersigned
by the treasurer and by such other person as may be authorized by the board. The board may give
the treasurer such other or additional powers and duties as the board may deem appropriate and
may fix his or her compensation. The board may require the treasurer to give a bond in such
amount, on such terms, and with such sureties as may be deemed satisfactory to the board to
secure the performance by the treasurer of his or her powers and duties. The financial records of
the board shall be audited by an independent certified public accountant at least once a year.
(c) The board is authorized to select as a depository for its funds any qualified
public depository as defined in s. 280.02, as amended from time to time which meets all the
requirements of chapter 280, as amended from time to time, and has been designated by the
Treasurer as a qualified public depository, upon such terms and conditions as to the payment of
interest by such depository upon the funds so deposited as the board may deem just and
reasonable.
(6) Budget; reports and reviews.-
(a) The District shall provide financial reports in such form and such manner as
prescribed pursuant to this chapter and chapter 218, as amended from time to time.
(b) On or before each July 15, the district manager shall prepare a proposed
budget for the ensuing fiscal year to be submitted to the board for board approval. The proposed
budget shall include at the direction of the board an estimate of all necessary expenditures of the
District for the ensuing fiscal year and an estimate of income to the District from the taxes and
assessments provided in this Act. The board shall consider the proposed budget item by item and
may either approve the budget as proposed by the district manager or modify the same in part or
in whole. The board shall indicate its approval of the budget by resolution, which resolution shall
provide for a hearing on the budget as approved. Notice of the hearing on the budget shall be
published in a newspaper of general circulation in the area of the District once a week for 2
consecutive weeks, except that the first publication shall be not fewer than 15 days prior to the
3)
date of the hearing. The notice shall further contain a designation of the day, time, and JeQ H
the public hearing. At the time and place designated in the notice, the board shall hear all
objections to the budget as proposed and may make such changes as the board deems necessary.
At the conclusion of the budget hearing, the board shall, by resolution, adopt the budget as finally
approved by the board. The budget shall be adopted prior to October 1 of each year.
(c) At least 60 days prior to adoption, the District Board shall submit to the
Collier County Board of County Commissioners, for purposes of disclosure and information
only, the proposed annual budget for the ensuing fiscal year and the Board of County
Commissioners may submit written comments to the Board of Supervisors solely for the
assistance and information of the Board of Supervisors of the District in adopting its annual
District budget.
(d) The Board of Supervisors of the District shall submit annually, to the Board of
County Commissioners of Collier County, its District public facilities report under section
189.415(2), Florida Statutes, as amended from time to time, addressing specifically short-term
and long-term innovative systems, facilities and services consistent with the unique nature of the
new university town community in the East Collier County Stewardship Area Overlay, as to
which the Board of County Commissioners of Collier County shall use and rely on the District
public facilities report in the preparation or revision of the Collier County Growth Management
Plan, specifically under section 189.415(6), Fla. Stat, as amended from time to time.
(7) Disclosure of public financing.-
The District shall take affirmative steps to provide for the full disclosure of
information relating to the public financing and maintenance of improvements to real property
undertaken by the District. Such information shall be made available to all existing residents, and
to all prospective residents, of the District. The District shall furnish each developer of a
residential development within the District with sufficient copies of that information to provide
each prospective initial purchaser of property in that development with a copy, and any developer
of a residential development within the District, when required by law to provide a public
offering statement, shall include a copy of such information relating to the public financing and
maintenance of improvements in the public offering statement. The Division of Florida Land
Sales, Condominiums, and Mobile Homes of the Department of Business and Professional
Regulation shall ensure that disclosures made by developers pursuant to chapter 498.
(8) General powers.-The District shall have, and the board may exercise, the
following general powers:
31'
(a) To sue and be sued in the name of the District; to adopt and use a sel a8 H
authorize the use of a facsimile thereof; to acquire, by purchase, gift, devise, or otherwise, and to
dispose of, real and personal property, or any estate therein; and to make and execute contracts
and other instruments necessary or convenient to the exercise of its powers.
(b) To apply for coverage of its employees under the state retirement system in
the same manner as if such employees were state employees, subject to necessary action by the
District to pay employer contributions into the state retirement fund.
(c) To contract for the services of consultants to perform planning, engineering,
legal, or other appropriate services of a professional nature. Such contracts shall be subject to
public bidding or competitive negotiation requirements as set forth in section 4, subsection (21)
(d) To borrow money and accept gifts; to apply for and use grants or loans of
money or other property from the United States, the state, a unit of local government, or any
person for any District purposes and enter into agreements required in connection therewith; and
to hold, use, and dispose of such moneys or property for any District purposes in accordance with
the terms of the gift, grant, loan, or agreement relating thereto.
(e) To adopt rules and orders pursuant to the provisions of chapter 120, as
amended from time to time, prescribing the powers, duties, and functions of the officers of the
District; the conduct of the business of the District; the maintenance of records; and the form of
certificates evidencing tax liens and all other documents and records of the District. The board
may also adopt administrative rules with respect to any of the projects of the District and define
the area to be included therein. The board may also adopt resolutions which may be necessary for
the conduct of District business.
(f) To maintain an office at such place or places as the Board of Supervisors
designates in Collier County (and within the District when facilities are available).
(g) To hold, control and acquire by donation, purchase or condemnation, or
dispose of, any public easements, dedications to public use, platted reservations for public
purposes, or any reservations for those purposes authorized by this Act other than public
easements conveyed to or accepted by Collier County and to make use of such easements,
dedications, or reservations for the purpose mandated by this Act.
(h) To lease as lessor or lessee to or from any person, firm, corporation,
association, or body, public or private, any projects of the type that the District is authorized to
undertake and facilities or property of any nature for the use of the District to carry out the
purpose mandated by this Act.
3s'
(i) To borrow money and issue bonds, certificates, warrants, notes, oItlpl H
evidence of indebtedness as hereinafter provided; to levy such tax and assessments as y V
authorized; and to charge, collect, and enforce fees and other user charges subject as applicable
to section 4, subsection (10) to subsection (13).
U) To raise, by user charges or fees authorized by resolution of the board,
amounts of money which are necessary for the conduct of the District activities and services and
to enforce their receipt and collection in the manner prescribed by resolution not inconsistent
with law.
(k) To exercise within the District, or beyond the District with prior approval by
super majority vote of a resolution of the governing body of the county if the taking will occur in
an unincorporated area the right and power of eminent domain, pursuant to the provisions of
chapters 73 and 74, as they may be amended from time to time. over any property within the
state, except municipal, county, state, and federal property, for the uses and purpose of the
District relating solely to water, sewer, District roads, and water management, specifically
including, without limitation, the power for the taking of easements for the drainage of the land
of one person over and through the land of another.
(I) To cooperate with, or contract with. other governmental agencies as may be
necessary. convenient, incidental, or proper in connection with any of the powers, duties, or
purposes authorized by this Act.
(m) To assess and to impose upon lands in the District ad valorem taxes as
provided and limited by this Act.
(n) If and when authorized by general law, to determine, order, levy, impose,
collect and enforce maintenance taxes.
(0) To determine, order, levy, impose, collect, and enforce assessments pursuant
to this Act, which sets forth a detailed uniform procedure to implement 170 and as an alternative
to determine, order, levy, impose, collect, and enforce assessments under and pursuant to chapter
170, Florida Statutes, as amended from time to time, pursuant to authority granted in section
197.3631, Florida Statutes, as amended from time to time. or pursuant to other provisions of
general law , now or hereinafter enacted, which provide or authorize a supplemental means to
impose. levy and collect special assessments. Such special assessments, in the discretion of the
District, as provided in s.197.3631, Florida Statutes, as amended from time to time, may be
collected and enforced pursuant to the provisions of ss. 197.3632, and 197.3635, Florida
Statutes, chapter 170, Florida Statutes, chapter 173, Florida Statutes, as they may be amended
from time to time, or as provided by this Act.
3'
(p) To exercise such special powers and other express powers as mal bD H
authorized and granted by this Act in the charter of the District including powers as providJr.in i
any interlocal agreement entered into pursuant to chapter 163, Florida Statutes, as amended from
time to time, or which shall be required or permitted to be undertaken by the District pursuant to
any development order or development of regional impact, including any interlocal service
agreement with Collier County for fair-share capital construction funding for any certain capital
facilities or systems required of the developer pursuant to any applicable development order or
agreement.
(q) To exercise all of the powers necessary, convenient, incidental or proper in
connection with any other powers, duties or the single purpose of the District authorized by this
Act.
(r) The provisions of this section on general powers shall be construed liberally in
order to carry out effectively the single specialized purpose of this Act and to secure for the
District its ability to be innovative in and for the Rural Lands Stewardship Overlay.
(9) Special Powers - The District shall have the following special powers to
implement its lawful, single and special purpose and to provide, pursuant to that purpose, basic,
systems, facilities, services, improvements, projects, works and infrastructure in and subject to
the Stewardship Overlay, each of which constitutes a lawful public purpose when exercised
pursuant to this charter, subject to, and not inconsistent with, the regulatory jurisdiction and
permitting authority of all other applicable governmental bodies, agencies, and any special
districts having authority with respect to any area included therein, and to plan, establish, acquire,
construct or reconstruct, enlarge or extend, equip, operate, finance, fund and maintain
improvements, systems, facilities, services, works, projects and infrastructure any or all of the
following special powers granted by this Act in order to implement the special requirements of
this university new town community within the Stewardship Overlay and the single special
purpose of the District:
(a) Water management and control for the lands within the District and to connect some
or any of such facilities with roads and bridges. In the event that the board assumes the
responsibility for providing water management and control for the District which is to be
financed by a benefit special assessments, the board shall adapt plans and assessments pursuant
to law or may proceed to adopt water management and control plans, assess for benefits, and
apportion and levy special assessments, as follows:
1. The board shall cause to be made by the District's engineer, or such other
engineer or engineers as the board may employ for that purpose, complete and comprehensive
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water management and control plans for the lands located within the District that w~l 'f\
improved in any part or in whole by any system of facilities that may be outlined and ad'te\1) H
and the engineer shall make a report in writing to the board with maps and profiles of said
surveys and an estimate of the cost of carrying out and completing the plans.
2. Upon the completion of such plans, the board shall hold a hearing thereon to
hear
objections thereto, shall give notice of the time and place fixed for such hearing by publication
once each week for 2 consecutive weeks in a newspaper of general circulation in the general area
of the District, and shall permit the inspection of the plan at the office of the District by all
persons interested. All objections to the plan shall be filed at or before the time fixed in the
notice for the hearing and shall be in writing.
3. After the hearing, the board shall consider the proposed plan any objections
thereto and may modify, reject or adopt the plan or continue the hearing to a day certain for
further consideration of the proposed plan or modifications thereof.
4. When the board approves a plan, a resolution shall be adopted and a certified
copy thereof shall be filed in the office of the secretary and incorporated by him or her into the
records of the District.
5. The water management and control plan may be altered in detail from time to
time until the appraisal record herein provided is filed, but no in such manner as to affect
materially the conditions of its adoption. After the appraisal record has been filed, no alteration
of the plan shall be made, except as provided by this Act.
6. Within 20 days after the final adoption of the plan by the board, the board shall
proceed pursuant to s. 298.301, as amended from time to time.
(b) Water supply, sewer, and wastewater management, reclamation, and reuse or any
combination thereof, and any irrigation systems, facilities and services and to construct and
operate connecting intercepting or outlet sewers and sewer mains and pipes and water mains,
conduits, or pipelines in, along, and under any street, alley, highway, or other public place or
ways, and to dispose of any effluent, residue, or other byproducts of such system or sewer
system.
1. Purchase, privatization, or sale of water, sewer, or wastewater reuse utility by
District.- The District may not purchase or sell a water, sewer, or wastewater reuse utility that
provides service to the public for compensation, or enter into a wastewater facility privatization
contract for a wastewater facility, until the governing body of the Stewardship Community
District has held a public hearing on the purchase, sale, or wastewater facility privatization
37
contract and made a determination that the purchase, sale, or wastewater facility PrivatizaI' nO Lr
contract is in the public interest. fA
2. In determining if the purchase, sale or wastewater facility pri vatization contract
is in the public interest, the Stewardship Community District shall consider, at a minimum, the
following:
a. The most recent available income and expense statement for the utility;
b. The most recent available balance sheet for the utility, listing assets and
liabilities and clearly showing the amount of contributions-in-aid-of-construction and the
accumulated depreciation thereon;
c. A statement of the existing rate base of the utility for regulatory
purposes;
d. The physical condition of the utility facilities being purchased, sold, or
subject to a wastewater facility privatization contract;
e. The reasonableness of the purchase, sales, or wastewater facility
privatization contract price and terms;
f. The impacts of the purchase, sale, or wastewater facility privatization
contract on utility customers, both positive and negative;
g. Any additional investment required and the ability and willingness of
the purchaser or the private firm under a wastewater facility privatization contract to make that
investment, whether the purchaser is the District or the entity purchasing the utility from the
District;
h. In the case of a wastewater facility privatization contract, the terms and
conditions on which the private firm will provide capital investment and financing or a
combination thereof for contemplated capital replacements, additions, expansions, and repairs.
The District shall give significant weight to this criteria.
1. The alternatives to the purchase, sale, or wastewater facility
privatization contract and the potential impact on utility customers if the purchase, sale, or
wastewater facility privatization contract is not made;
j. The ability of the purchaser or the private firm under a wastewater
facility privatization contract to provide and maintain high-quality and cost-effective utility
service, whether the purchaser is the District or the entity purchasing the utility from the District;
k. In the case of a wastewater facility privatization contract, the District
shall give significant weight to the technical expertise and experience of the private firm in
carrying out the obligations specified in the wastewater facility privatization contract; and
3r
1. All moneys paid by a private firm to a District pursuant to a wast'atfi) H
facility privatization contract shall be used for the purpose of reducing or offsetting pr~eJ(
taxes, wastewater service rates, or debt reduction or making infrastructure improvements or
capital asset expenditures or other public purpose; provided, however, nothing herein shall
preclude the District from using all or part of the moneys for the purpose of the District's
qualification for relief from the repayment of federal grant awards associated with the wastewater
system as may be required by federal law or regulation. The District shall prepare a statement
showing that the purchase, sale, or wastewater facility privatization contract is in the public
interest, including a summary of the purchaser's or private firm's experience in water, sewer, or
wastewater reuse utility operation and a showing of financial ability to provide the service,
whether the purchaser or private firm is the District or the entity purchasing the utility from the
District.
(c) Bridges or culverts that may be needed across any drain, ditch, canal, flood way,
holding basin, excavation, public highway, tract, grade, fill, or cut and roadways over levees and
embankments, and to construct any and all of such works and improvements across, through, or
over any public right-of-way, highway, grade, fill, or cut.
(d) District roads equal to or exceeding the specifications of the county in which such
District roads are located, and street lights, including conditions of development approval which
sometimes may be different specifications then the normal specifications of the county. This
special power includes construction, improvement, pavement and maintenance of roadways and
roads necessary and convenient for the exercise of the powers or duties of the District to
implement its single purpose and to include as a component of roads, parkways, bridges,
landscaping, irrigation, bicycle, and jogging paths, street lighting, traffic signals, road striping
and all other customary elements of a modern road system in general or as tied to the conditions
of development approval for the specific Ave Maria Community Development and to plan,
implement, construct or reconstruct, enlarge or extend, finance fund, equip, operate and maintain
parking facilities free standing or as may be related to any innovative strategic intermodel system
of transportation pursuant to applicable federal, state and local law and ordinance.
(e) Buses, trolleys, transit shelters, ride sharing facilities and services, parking
improvements, and related signage.
(f) Investigation and remediation costs associated with the cleanup of actual or perceived
environmental contamination within the District under the supervision or direction of a
competent governmental authority unless the covered costs benefit any person who is a
landowner within the District and who caused or contributed to the contamination.
'icY
(g) Conservation areas, mitigation areas, and wildlife habitat, including the maintenance
of any plant or animal species, and any related interest in real or personal property. 1 0 H
(h) Using its general and special powers as set forth in this Act, any other project within
or without the boundaries of a District when the project is the subject of an agreement between
the District and the Board of County Commissioners of Collier County or with any applicable
other public or private entity, including a homeowner association, and is not inconsistent with the
Collier County Comprehensive Plan and the Growth Management Act and the Stewardship
Overlay which implement the single special purpose of the District.
(i) Parks and facilities for indoor and outdoor recreational, cultural, and educational uses.
(j) Fire prevention and control, including fire stations, water mains and plugs, fire trucks,
and other vehicles and equipment.
(k) School buildings and related structures, which may be leased, sold, or donated to the
school district, for use in the educational system when authorized by the district school board.
To contract with the Collier County School Board and, as applicable, the Board of County
Commissioners of Collier County, and with the applicable landowner developer of the lands
within the jurisdiction of the District, to assess the school district educational facilities plan and
to implement a management and financing plan for timely construction, maintenance and
acquisition, at the option of the Stewardship Community District, school facilities, including
facilities identified in the facilities work programs or those proposed by charter schools. The
Stewardship Community District is granted the special power to determine, order, levy, impose,
collect or arrange for the collection and enforcement of assessments, as defined in this Act,
pursuant to this Act for such school facilities. The Stewardship Community District created
under and by this Act is eligible for the financial enhancements available to educational facility
districts to provide for financing the construction and maintenance of educational facilities
pursuant to s. 1013.356, Florida Statutes, and, if and when authorized by general law, to acquire
such educational facilities. This Act in the place of an educational facilities benefit district,
authorizes the Collier County School Board to designate the Ave Maria Stewardship Community
District. The Stewardship Community District is authorized to enter into an interlocal agreement
with the Collier County School Board and, as applicable, the Board of County Commissioners of
Collier County, and applicable private landowners and developers, and the Ave Maria
University, in order to provide for such construction, maintenance and acquisition and in order to
receive the applicable financial enhancements provided by s. 1013.356, Florida Statutes The
interlocal agreement shall among other things consider absorption rates, sales rates, and related
data of existing and projected schools, racial, ethnic and social economic balance within the
~I
Collier County School District under applicable state and federal law and the provision of solfop H
attendance zones to allow students residing within a reasonable distance of the facitlrie I
constructed and financed through the interlocal agreement to attend such facilities. It is provided.
because these facilities are funded by assessments, and not by taxes of any type, that the
provision of these facilities may be multi-use and, consistent with the provisions of this Act, shall
be first liens on the property upon a showing of special and peculiar benefits that flow to the
applicable property as a logical connection from the systems, facilities and services, resulting in
added use, enhanced enjoyment, decreased insurance premiums and enhanced value in
marketability so that the Legislature finds that the provisions of the Florida Constitution for free
public schools is implemented and enhanced.
(I) Security, including, but not limited to, guardhouses, fences and gates, electronic
intrusion-detection systems, and patrol cars, when authorized by proper governmental agencies;
except that the District may not exercise any powers of a law enforcement agency, but may
contract with the appropriate local general-purpose government agencies for an increased level of
such services within the District boundaries. Notwithstanding any provision of general law, the
District may operate guardhouses for the limited purpose of providing security for the residents
of the District and which serve a predominate public, as opposed to private, purpose. Such
guardhouses shall be operated by the District or other unit of local government pursuant to
procedures designed to serve such security purposes as set forth in rules, adopted by the board,
from time to time, following the procedures set froth in chapter 120, Fla. Stat, as amended from
time to time.
(m) Control and elimination of mosquitoes and other arthropods of public health
importance.
(n) Waste, waste collection and disposal.
(0) To enter into impact fee credit agreements with Collier County. Under such
agreements, where the District constructs or makes contributions for public systems, facilities,
services, projects, improvements, works and infrastructures for which impact fee credits would
be available to the landowner developer, under the Collier County applicable impact fee
ordinance. the agreement authorized by this Act shall provide such impact fee credit shall enure
to the landowners within the District in portion to assessments or other burdens levied and
imposed upon the landowners with respect to assessable improvements giving rise to such impact
fee credits, and the District shall from time to time. execute such instruments (such as
assignments of impact fee credits) as may be necessary. appropriate or desirable to accomplish or
to confirm the foregoing.
'1)--
(p) District Government Departments. -To establish and create, at noticed meetings, ic~ H
government departments of the Board of Supervisors of the District, as well as, committees, task
forces, boards or commissions, or other agencies under the supervision and control of the
District, as from time to time the members of the Board of Supervisors may deem necessary or
desirable in the performance of the acts or other things necessary to exercise its general or special
powers to implement an innovative project to carry out the special purpose of the District as
provided in this Act and to delegate the exercise of its powers to such departments, boards, task
forces, committees or other agencies such administrative duties and other powers as the Board of
Supervisors may deem necessary or desirable but only if there is a set of expressed limitations for
accountability, notice and periodic written reporting to the Board of Supervisors which shall
retain its powers.
(q) District Phase Entities, Units. - Consistent with stewardship of the Rural Land
Stewardship Area Overlay and so long as not inconsistent with the applicable local government
comprehensive plan and development entitlements, the District may coordinate with the
landowner developer and with the university on the phasing of the delivery of infrastructure and
may create phase entities or units for its charter purpose. Toward this end, and so long as it
implements the purpose of the District under this Act, the Board of Supervisors may designate,
therefore, units of development and adopt systems of progressive phased development by units
with related management planning, implementation, construction, maintenance and financing
within its phased unit. If the Board of Supervisors proceeds to designate such phased units of
development, it must adopt at a noticed meeting pursuant to chapter 120, as amended from time
to time, a rule setting forth detailed procedures and authorizations for such phase unit processes.
A committee, department or agency of the Board shall be gi ven express duty of oversight with
monthly written reports to the Board of Supervisors. No such phased units can begin or operate
until or unless the required noticed rule has been promulgated. With regard to any phased unit,
there shall be no bonded indebtedness and no levy of any lienable or non-lienable revenue,
whether to amortize bonds or not, within the boundary of a phrased unit other than by the Board
of Supervisors and pursuant to the powers, procedures and provisions of this Act and other
applicable laws.
(r) District Buildings and Structures. - To plan, establish, acqulfe, construct or
reconstruct, enlarge or extend, equip, operate, maintain, finance and fund buildings and structures
for District offices, maintenance facilities, meeting facilities, town centers or any other project
authorized or granted by this Act upon a showing at a noticed meeting of its efficacy to the
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specialized single purpose of this District for the new university town community ilhOJrlI
Land Stewardship Overlay
(s) Health Care Facilities. - To plan, establish, acquire, construct or reconstruct, enlarge
or extend, equip, operate, maintain and finance and fund edifices and facilities for the provision
of healthcare, and to include the operation of anyone or more of such facilities, when authorized
by applicable public or private agencies providing healthcare and upon a showing of efficacy to
carry-out the purpose of the District in the Rural and Stewardship Overlay
(t) Innovative Agreements with Ave Maria University. - To enter into an agreement with
the Ave Maria University, upon a showing of efficacy in implementing the single specialized
purpose of the District in the Stewardship Overlay, for the planning, establishment, acquisition,
construction or reconstruction, enlarging or extending, equipping, operating, maintaining,
financing and funding any innovative system, facility or service constituting a project as defined
in this Act.
(u) Rules. - To adopt and enforce appropriate rules following the procedures of chapter
120, in connection with the provisions of one or more its systems, facilities, services, projects,
improvements, works and infrastructure.
(v) The enumeration of special powers herein shall not be deemed exclusive or restrictive,
but shall be deemed to incorporate all powers express or implied necessary or incident to carrying
out such enumerated special powers, including also the general powers provided by this special
act charter to the District to implement its single purpose.
(w) The provisions of this section on special powers shall be construed liberally in order
to carry out effectively the single purpose of this District under this Act and to secure for the
District its ability to be innovative in and for the Rural Lands Stewardship Overlay.
(10) Issuance of Bond Anticipation Notes.-In addition to the other powers provided for
in this Act, and not in limitation thereof, the District shall have the power, at any time, and from
time to time after the issuance of any bonds of the District shall have been authorized, to borrow
money for the purposes for which such bonds are to be issued in anticipation of the receipt of the
proceeds of the sale of such bonds and to issue bond anticipation notes in a principal sum not in
excess of the authorized maximum amount of such bond issue. Such notes shall be in such
denomination or denominations, bear interest at such rate as the board may determine not to
exceed the maximum rate allowed by general law, mature at such time or times not later than 5
years from the date of issuance, and be in such form and executed in such manner as the board
shall prescribe. Such notes may be sold at either public or private sale or, if such notes shall be
renewal notes, may be exchanged for notes then outstanding on such terms as the board shall
If'j
determine. Such notes shall be paid from the proceeds of such bonds when issued. The la€J H
may, in its discretion, in lieu of retiring the notes by means of bonds, retire them by means of
current revenues or from any taxes or assessments levied for the payment of such bonds; but in
such event a like amount of the bonds authorized shall not be issued.
(11) Short-term borrowing.-The District at any time may obtain loans, in such amount
and on such terms and conditions as the board may approve, for the purpose of paying any of the
expenses of the District or any costs incurred or that may be incurred in connection with any of
the projects of the District, which loans shall bear interest as the board determines as not to
exceed the maximum rate allowed by general law, and may be payable from and secured by a
pledge of such funds, revenues, taxes, and assessments as the board may determine, subject,
however, to the provisions contained in any proceeding under which bonds were theretofore
issued and are then outstanding. For the purpose of defraying such costs and expenses, the
District may issue negotiable notes, warrants, or other evidences of debt to be payable at such
times, to bear such interest as the board may determine, not to exceed the maximum rate allowed
by general law, and to be sold or discounted at such price or prices not less than 95 percent of par
value and on such terms as the board may deem advisable. The board shall have the right to
provide for the payment thereof by pledging the whole or any part of the funds, revenues, taxes,
and assessments of the District. The approval of the electors residing in the District shall not be
necessary except when required by the State Constitution.
(12) Bonds
(a) SALE OF BONDS.-Bonds may be sold in blocks or installments at different
times, or an entire issue or series may be sold at one time. Bonds may be sold at public or private
sale after such advertisement, if any, as the board may deem advisable but not in any event at less
than 90 percent of the par value thereof, together with accrued interest thereon. Bonds may be
sold or exchanged for refunding bonds. Special assessment and revenue bonds may be delivered
by the District as payment of the purchase price of any project or part thereof, or a combination
of projects or parts thereof, or as the purchase price or exchange for any property, real, personal,
or mixed, including franchises or services rendered by any contractor, engineer, or other person,
all at one time or in blocks from time to time, in such manner and upon such terms as the board
in its discretion shall determine. The price or prices for any bonds sold, exchanged, or delivered
may be:
1. The money paid for the bonds;
2. The principal amount, plus accrued interest to the date of redemption or
exchange, or outstanding obligations exchanged for refunding bonds; and
tf~
3. In the case of special assessment or revenue bonds, the amount 'lta"h
indebtedness to contractors or other persons paid with such bonds, or the fair value oLn\J 1-1
properties exchanged for the bonds, as determined by the board.
(b) AUTHORIZATION AND FORM OF BONDS.-Any general obligation
bonds, special assessment bonds, or revenue bonds may be authorized by resolution or
resolutions of the board which shall be adopted by a majority of all the members thereof then in
office. Such resolution or resolutions may be adopted at the same meeting at which they are
introduced and need not be published or posted. The board may, by resolution, authorize the
issuance of bonds and fix the aggregate amount of bonds to be issued; the purpose or purposes
for which the moneys derived therefrom shall be expended, including, but not limited to,
payment of costs as defined in s. 2, sub-subsection (6)(j); the rate or rates of interest, not to
exceed the maximum rate allowed by general law; the denomination of the bonds; whether or not
the bonds are to be issued in one or more series; the date or dates of maturity, which shall not
exceed 40 years from their respective dates of issuance; the medium of payment; the place or
places within or without the state where payment shall be made; registration privileges;
redemption terms and privileges, whether with or without premium; the manner of execution; the
form of the bonds, including any interest coupons to be attached thereto; the manner of execution
of bonds and coupons; and any and all other terms, covenants, and conditions thereof and the
establishment of revenue or other funds. Such authorizing resolution or resolutions may further
provide for the contracts authorized by s. 159.825(1)(f) and (g), as amended from time to time,
regardless of the tax treatment of such bonds being authorized, subject to the finding by the board
of a net saving to the District resulting by reason thereof. Such authorizing resolution may further
provide that such bonds may be executed in accordance with the Registered Public Obligations
Act, except that bonds not issued in registered form shall be valid if manually countersigned by
an officer designated by appropriate resolution of the board. The seal of the District may be
affixed, lithographed, engraved, or otherwise reproduced in facsimile on such bonds. In case any
officer whose signature shall appear on any bonds or coupons shall cease to be such officer
before the delivery of such bonds, such signature or facsimile shall nevertheless be valid and
sufficient for all purposes the same as if he or she had remained in office until such delivery.
(c) INTERIM CERTIFICATES; REPLACEMENT CERTIFICATES.-Pending
the preparation of definitive bonds, the board may issue interim certificates or receipts or
temporary bonds, in such form and with such provisions as the board may determine,
exchangeable for definitive bonds when such bonds have been executed and are available for
'1-0
delivery. The board may also provide for the replacement of any bonds which become mutila!, 0 H
lost, or destroyed.
(d) NEGOTIABILITY OF BONDS.-Any bond issued under this Act or any
temporary bond, in the absence of an express recital on the face thereof that it is nonnegotiable,
shall be fully negotiable and shall be and constitute a negotiable instrument within the meaning
and for all purposes of the law merchant and the laws of the state.
(e) DEFEASANCE.-The board may make such provision with respect to the
defeasance of the right, title, and interest of the holders of any of the bonds and obligations of the
District in any revenues, funds, or other properties by which such bonds are secured as the board
deems appropriate and, without limitation on the foregoing, may provide that when such bonds
or obligations become due and payable or shall have been called for redemption and the whole
amount of the principal and interest and premium, if any, due and payable upon the bonds or
obligations then outstanding shall be held in trust for such purpose and provision shall also be
made for paying all other sums payable in connection with such bonds or other obligations, then
and in such event the right, title, and interest of the holders of the bonds in any revenues, funds,
or other properties by which such bonds are secured shall thereupon cease, terminate, and
become void; and the board may apply any surplus in any sinking fund established in connection
with such bonds or obligations and all balances remaining in all other funds or accounts other
than money held for the redemption or payment of the bonds or other obligations to any lawful
purpose of the District as the board shall determine.
([) ISSUANCE OF ADDITIONAL BONDS.-If the proceeds of any bonds are
less than the cost of completing the project in connection with which such bonds were issued, the
board may authorize the issuance of additional bonds, upon such terms and conditions as the
board may provide in the resolution authorizing the issuance thereof, but only in compliance with
the resolution or other proceedings authorizing the issuance of the original bonds.
(g) REFUNDING BONDS.-The District shall have the power to issue bonds to
provide for the retirement or refunding of any bonds or obligations of the District that at the time
of such issuance are or subsequently thereto become due and payable, or that at the time of
issuance have been called or are or will be subject to call for redemption within 10 years
thereafter, or the surrender of which can be procured from the holders thereof at prices
satisfactory to the board. Refunding bonds may be issued at any time when in the judgment of the
board such issuance will be advantageous to the District. No approval of the qualified electors
residing in the District shall be required for the issuance of refunding bonds except in cases in
which such approval is required by the State Constitution. The board may by resolution confer
'17
upon the holders of such refunding bonds all rights, powers, and remedies to which the hIe,.-) H
would be entitled if they continued to be the owners and had possession of the bonds ~ t~
refinancing of which such refunding bonds are issued, including, but not limited to, the
preservation of the lien of such bonds on the revenues of any project or on pledged funds,
without extinguishment, impairment, or diminution thereof. The provisions of this Act pertaining
to bonds of the District shall, unless the context otherwise requires, govern the issuance of
refunding bonds, the form and other details thereof, the rights of the holders thereof, and the
duties of the board with respect to them.
(h) REVENUE BONDS.-
1. The District shall have the power to issue revenue bonds from time to
time without limitation as to amount. Such revenue bonds may be secured by, or payable from,
the gross or net pledge of the revenues to be derived from any project or combination of projects;
from the rates, fees, or other charges to be collected from the users of any project or projects;
from any revenue-producing undertaking or activity of the District; from special assessments; or
from benefit special assessments; or from any other source or pledged security. Such bonds shall
not constitute an indebtedness of the District, and the approval of the qualified electors shall not
be required unless such bonds are additionally secured by the full faith and credit and taxing
power of the District.
2. Any two or more projects may be combined and consolidated into a
single project and may hereafter be operated and maintained as a single project. The revenue
bonds authorized herein may be issued to finance anyone or more of such projects, regardless of
whether or not such projects have been combined and consolidated into a single project. If the
board deems it advisable, the proceedings authorizing such revenue bonds may provide that the
District may thereafter combine the projects then being financed or theretofore financed with
other projects to be subsequently financed by the District and that revenue bonds to be thereafter
issued by the District shall be on parity with the revenue bonds then being issued, all on such
terms, conditions, and limitations as shall have been provided in the proceeding which authorized
the original bonds.
(i) GENERAL OBLIGATION BONDS.-
1. Subject to the limitations of this charter, the District shall have the
power from time to time to issue general obligation bonds to finance or refinance capital projects
or to refund outstanding bonds in an aggregate principal amount of bonds outstanding at anyone
time not in excess of 35 percent of the assessed value of the taxable property within the District
as shown on the pertinent tax records at the time of the authorization of the general obligation
'Iy
bonds for which the full faith and credit of the District is pledged. Except for refunding bondlnO H
general obligation bonds shall be issued unless the bonds are issued to finance or refinance a
capital project and the issuance has been approved at an election held in accordance with the
requirements for such election as prescribed by the State Constitution. Such elections shall be
called to be held in the District by the board of county commissioners of the county upon the
request of the board of the District. The expenses of calling and holding an election shall be at
the expense of the District, and the District shall reimburse the county for any expenses incurred
in calling or holding such election.
2. The District may pledge its full faith and credit for the payment of the
principal and interest on such general obligation bonds and for any reserve funds provided
therefore and may unconditionally and irrevocably pledge itself to levy ad valorem taxes on all
taxable property in the District, to the extent necessary for the payment thereof, without
limitations as to rate or amount.
3. If the board determines to issue general obligation bonds for more than
one capital project. the approval of the issuance of the bonds for each and all such projects may
be submitted to the electors on one and the same ballot. The failure of the electors to approve the
issuance of bonds for anyone or more capital projects shall not defeat the approval of bonds for
any capital project which has been approved by the electors.
4. In arriving at the amount of general obligation bonds permitted to be
outstanding at anyone time pursuant to s. 4., subsection (12), paragraph (i)l., there shall not be
included any general obligation bonds which are additionally secured by the pledge of:
a. Any assessments levied in an amount sufficient to pay the
principal and interest on the general obligation bonds so additionally secured, which assessments
have been equalized and confirmed by resolution of the board pursuant to this Act or section
170.08.
b. Water revenues, sewer revenues, or water and sewer revenues
of the District to be derived from user fees in an amount sufficient to pay the principal and
interest on the general obligation bonds so additionally secured.
c. Any combination of assessments and revenues described 10
subparagraphs a. and b.
(j) BONDS AS LEGAL INVESTMENT OR SECURITY.-
1. Notwithstanding any provisions of any other law to the contrary, all
bonds issued under the provisions of this Act shall constitute legal investments for savings banks,
banks, trust companies, insurance companies, executors, administrators, trustees, guardians, and
't~
other fiduciaries and for any board, body, agency, instrumentality, county, municipality, or o~er .#'1, ;: ~
political subdivision of the state and shall be and constitute security which may be deposite41y~J ~._~
banks or trust companies as security for deposits of state, county, municipal, or other public
funds or by insurance companies as required or voluntary statutory deposits.
2. Any bonds issued by the District shall be incontestable in the hands of
bona fide purchasers or holders for value and shall not be invalid because of any irregularity or
defect in the proceedings for the issue and sale thereof.
(k) COVENANTS.-Any resolution authorizing the issuance of bonds may
contain such covenants as the board may deem advisable, and all such covenants shall constitute
valid and legally binding and enforceable contracts between the District and the bondholders,
regardless of the time of issuance thereof. Such covenants may include, without limitation,
covenants concerning the disposition of the bond proceeds~ the use and disposition of project
revenues; the pledging of revenues, taxes, and assessments; the obligations of the District with
respect to the operation of the project and the maintenance of adequate project revenues; the
issuance of additional bonds; the appointment, powers, and duties of trustees and receivers; the
acquisition of outstanding bonds and obligations; restrictions on the establishing of competing
projects or facilities~ restrictions on the sale or disposal of the assets and property of the District;
the priority of assessment liens; the priority of claims by bondholders on the taxing power of the
District; the maintenance of deposits to assure the payment of revenues by users of District
facilities and services~ the discontinuance of District services by reason of delinquent payments~
acceleration upon default; the execution of necessary instruments; the procedure for amending or
abrogating covenants with the bondholders; and such other covenants as may be deemed
necessary or desirable for the security of the bondholders.
(1) V ALIDA TION PROCEEDINGS.- The power of the District to issue bonds
under the provisions of this Act may be determined, and any of the bonds of the District maturing
over a period of more than 5 years shall be validated and confirmed, by court decree, under the
provisions of chapter 75 and laws amendatory thereof or supplementary thereto.
(m) TAX EXEMPTION.- To the extent allowed by general law, all bonds
issued hereunder and interest paid thereon and all fees, charges, and other revenues derived by
the District from the projects provided by this Act are exempt from all taxes by the state or by
any political subdivision, agency, or instrumentality thereof~ however, any interest, income, or
profits on debt obligations issued hereunder are not exempt from the tax imposed by chapter 220.
Further, the District is not exempt from the provisions of chapter 212.
3'"(/
(n) APPLICATION OF SECTION 189.4085.- Bonds issued by the District shall
meet on the criteria set forth in section 189.4085, Florida Statutes, as amended from time 1 0 H
time.
(0) ACT FURNISHES FULL AUTHORITY FOR ISSUANCE OF BONDS.-
This Act constitutes full and complete authority for the issuance of bonds and the exercise of the
powers of the District provided herein. No procedures or proceedings, publications, notices,
consents, approvals, orders, acts, or things by the board, or any board, officers, commission,
department, agency, or instrumentality of the District, other than those required by this Act, shall
be required to perform anything under this Act, except that the issuance or sale of bonds pursuant
to the provisions of this Act shall comply with the general law requirements applicable to the
issuance or sale of bonds by the District. Nothing in this Act shall be construed to authorize the
District to utilize bond proceeds to fund the ongoing operations of the District.
(p) PLEDGE BY THE STATE TO THE BONDHOLDERS OF THE
DISTRICT.- The state pledges to the holders of any bonds issued under this Act that it will not
limit or alter the rights of the District to own, acquire, construct, reconstruct, improve, maintain,
operate, or furnish the projects or to levy and collect the taxes, assessments, rentals, rates, fees,
and other charges provided for herein and to fulfill the terms of any agreement made with the
holders of such bonds or other obligations and that it will not in any way impair the rights or
remedies of such holders.
(q) DEFAULT.-A default on the bonds or obligations of a District shall not
constitute a debt or obligation of the state or any local general-purpose government or the state.
(13) Trust agreements.-Any issue of bonds shall be secured by a trust agreement by and
between the District and a corporate trustee or trustees, which may be any trust company or bank
having the powers of a trust company within or without the state. The resolution authorizing the
issuance of the bonds or such trust agreement may pledge the revenues to be received from any
projects of the District and may contain such provisions for protecting and enforcing the rights
and remedies of the bondholders as the board may approve, including, without limitation,
covenants setting forth the duties of the District in relation to: the acquisition, construction,
reconstruction, improvement, maintenance, repair, operation, and insurance of any projects; the
fixing and revising of the rates, fees, and charges; and the custody, safeguarding, and application
of all moneys and for the employment of consulting engineers in connection with such
acquisition, construction, reconstruction, improvement, maintenance, repair, or operation. It shall
be lawful for any bank or trust company within or without the state which may act as a depository
of the proceeds of bonds or of revenues to furnish such indemnifying bonds or to pledge such
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securities as may be required by the District. Such resolution or trust agreement may set forth the
rights and remedies of the bondholders and of the trustee, if any, and may restrict the individ'l :
right of action by bondholders. The board may provide for the payment of proceeds of the sale~ I.
the bonds and the revenues of any project to such officer, board, or depository as it may designate
for the custody thereof and may provide for the method of disbursement thereof with such
safeguards and restrictions as it may determine. All expenses incurred in carrying out the
provisions of such resolution or trust agreement may be treated as part of the cost of operation of
the project to which such trust agreement pertains.
(14) Ad valorem taxes; assessments (benefit special assessments. maintenance special
assessments and special assessments); maintenance taxes-
(a) AD VALOREM T AXES.-An elected board shall have the power to levy and
assess an ad valorem tax on all the taxable property in the District to construct, operate. and
maintain assessable improvements; to pay the principal of, and interest on, any general obligation
bonds of the District; and to provide for any sinking or other funds established in connection with
any such bonds. An ad valorem tax levied by the board for operating purposes. exclusive of debt
service on bonds, shall not exceed 3 mills. The ad valorem tax provided for herein shall be in
addition to county and all other ad valorem taxes provided for by law. Such tax shall be assessed,
levied, and collected in the same manner and same time as county taxes. The levy of ad valorem
taxes shall be approved by referendum when required by the State Constitution.
(b) BENEFIT SPECIAL ASSESSMENTS.-The board annually shall determine,
order, and levy the annual installment of the total benefit special assessments (assessments) for
bonds issued and related expenses to finance assessable improvements. These assessments may
be due and collected during each year that county taxes are due and collected, in which case such
annual installment and levy shall be evidenced to and certified to the property appraiser by the
board not later than August 31 of each year, and such assessment shall be entered by the property
appraiser on the county tax rolls, and shall be collected and enforced by the tax collector in the
same manner and at the same time as county taxes, and the proceeds thereof shall be paid to the
District. However, this subsection shall not prohibit the District in its discretion from using the
method prescribed in either s. 197.3632 or chapter 173, as each may be amended from time to
time, for collecting and enforcing these assessments. Each annual installment of benefit special
assessments shall be a lien on the property against which assessed until paid and shall be
enforceable in like manner as county taxes. The amount of the assessment for the exercise of the
District's powers under s. 4, ss. (8) and (9) shall be determined by the board based upon a report
of the District's engineer and assessed by the board upon such lands, which may be part or all of
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the lands within the District benefitted by the improvement, apportioned between benefitted
lands in proportion to the benefits received by each tract of land. The Board may, if it determines
it is in the best interests of the District, set forth in the proceedings initially levying such benefit
special assessments or in subsequent proceedings a formula for the determination of an amount,
which when paid by a taxpayer with respect to any tax parcel, shall constitute a prepayment of all
future annual installments of such benefit special assessments and that the payment of which
amount with respect to such tax parcel shall relieve and discharge such tax parcel of the lien of
such benefit special assessments and any subsequent annual installment thereof. The board may
provide further that upon delinquency in the payment of any annual installment of benefit special
assessments, the prepayment amount of all future annual installments of benefit special
assessments as determined in the preceding sentence shall be and become immediately due and
payable together with such delinquent annual installment.
(c) NON-AD VALOREM MAINTENANCE TAXES. - If and when authorized
by general law, to maintain and to preserve the physical facilities and services constituting the
works, improvements or infrastructure provided by the District pursuant to this Act, and to repair
and restore anyone or more of them, when needed, and for the purpose of defraying the current
expenses of the District. including any sum which may be required to pay state and county ad
valorem taxes on any lands which may have been purchased and which are held by the District
under the provisions of this Act, the Board of Supervisors may, upon the completion of said
systems, facilities, services, works, improvements or infrastructure, in whole or in part, as may be
certified to the board by the engineer of the board, levy annually a non-ad valorem and non-
millage tax upon each tract or parcel of land within the District, to be known as a "maintenance
tax." This non-ad valorem maintenance tax shall be apportioned upon the basis of the net
assessments of benefits assessed as accruing from the original construction, and shall be evidence
to, and certified by. the Board of Supervisors of the District, not later than 1 June of each year to
the Property Appraiser of Collier County and shall be extended by the Property Appraiser on the
tax roll of the Property Appraiser, as certified by the Property Appraiser to the Tax Collector, and
collected by the Tax Collector on the merged collection roll of the Tax Collector in the same
manner and time as county ad valorem taxes, and the proceeds therefrom shall be paid to the
District. This non-ad valorem maintenance tax shall be a lien until paid on the property against
which assessed and enforceable in like manner and of the same dignity as county ad valorem
taxes.
(d) MAINTENANCE SPECIAL ASSESSMENTS.-To maintain and preserve
the facilities and projects of the District. the board may levy a maintenance special assessment.
C3
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This assessment may be evidenced to and certified to the property appraiser by the Board 01 0 H
Supervisors not later than August 31 of each year and shall be entered by the property appraiser
on the county tax rolls and shall be collected and enforced by the tax collector in the same
manner and at the same time as county taxes, and the proceeds therefrom shall be paid to the
District. However, this subsection shall not prohibit the District in its discretion from using the
method prescribed in either s. 197.363., s. 197.3631 or s. 197.3632, as anyone or more may be
amended from time to time, for collecting and enforcing these assessments. These maintenance
special assessments shall be a lien on the property against which assessed until paid and shall be
enforceable in like manner as county taxes. The amount of the maintenance special assessment
for the exercise of the District's powers under s. 4, shall be determined by the board based upon a
report of the District's engineer and assessed by the board upon such lands, which may be all of
the lands within the District benefitted by the maintenance thereof, apportioned between the
benefitted lands in proportion to the benefits received by each tract of land.
(e) SPECIAL ASSESSMENTS. - To levy and impose any special assessments
pursuant to s. 4 ss. (15).
(f) ENFORCEMENT OF TAXES.-The collection and enforcement of all taxes
levied by the District shall be at the same time and in like manner as county taxes, and the
provisions of the Florida Statutes relating to the sale of lands for unpaid and delinquent county
taxes~ the issuance, sale, and delivery of tax certificates for such unpaid and delinquent county
taxes; the redemption thereof; the issuance to individuals of tax deeds based thereon~ and all
other procedures in connection therewith shall be applicable to the District to the same extent as
if such statutory provisions were expressly set forth herein. All taxes shall be subject to the same
discounts as county taxes.
(g) WHEN UNPAID TAX IS DELINQUENT; PENALTY.-AIl taxes provided
for in this Act shall become delinquent and bear penalties on the amount of such taxes in the
same manner as county taxes.
(h) STATUS OF ASSESSMENTS.-Benefit special assessments, maintenance
special assessments and special assessments are hereby found and determined to be non-ad
valorem assessments as defined by s. 197.3632. Maintenance taxes are non ad valorem taxes and
are not special assessments.
(i) ASSESSMENTS CONSTITUTE LIENS; COLLECTION.- Any and all
assessments including special assessments, benefit special assessments and maintenance special
assessments authorized by this section, and including special assessments as defined by s.2,
subsection (6) paragraph (aa) and granted and authorized by s. 4, subsections (14) and (15), and
6f
including maintenance taxes if authorized by general law , shall constitute a lien on the property
against which assessed from the date of levy and imposition thereof until paid, coequal with ~e () i~
lien of state, county, municipal, and school board taxes. These assessments may be collected, at
the District's discretion, under authority of s. 197.3631, as amended from time to time, by the Tax
Collector pursuant to the provisions of s. 197.3632, and 197.3635, as amended from time to time,
or in accordance with other collection measures provided by law. In addition to, and not in
limitation of any powers otherwise set forth herein or in general law , these assessments may also
be enforced pursuant to the provisions of chapter 173, as amended from time to time.
U> LAND OWNED BY GOVERNMENTAL ENTITY.-Except as otherwise
provided by law, no levy of ad valorem taxes or non-ad valorem assessments under this chapter,
or chapter 170, chapter 197, as each may be amended from time to time, or otherwise, by a board
of a District, on property of a governmental entity that is subject to a ground lease as described in
s. 190.003(13), as amended from time to time, shall constitute a lien or encumbrance on the
underlying fee interest of such governmental entity.
(15) Special Assessments-
(a) As an alternative method to the levy and imposition of special assessments
pursuant to chapter 170, Florida Statutes, as amended from time to time, pursuant to the authority
of section 197.3631, Florida Statutes,as amended from time to time, or pursuant to other
provisions of general law, now or hereinafter enacted, which provide a supplemental means or
authority to impose, levy and collect special assessments as otherwise authorized under this Act,
the board may levy and impose special assessments to finance the exercise of any its powers
permitted under this Act using the following uniform procedures.
1. At a noticed meeting consider and review an engineer's report on the
costs of the systems, facilities and services to be provided, a preliminary assessment
methodology and a preliminary roll based on acreage or platted lands, depending upon whether
platting has occurred.
2. The assessment methodology shall address and discuss and the board
shall consider whether the systems, facilities and services being contemplated will result in
special benefits peculiar to the property, different in kind and degree than general benefits, as a
logical connection between the systems, facilities and services themselves and the property, and
whether the duty to pay the assessments by the property owners is apportioned in a manner that is
fair and equitable and not in excess of the special benefit received. It shall be fair and equitable
to designate a fixed proportion of the annual debt service, together with interest thereon, on the
aggregate principal amount of bonds issued to finance such systems, facilities and services which
,S"j
give rise to unique, special and peculiar benefits to property of the same or similar characteristics
under the assessment methodology so long as such fixed proportion does not exceed the unique,
special and peculiar benefits enjoyed by such property from such systems, facilities and services.
3. The engineer's cost report shall identify the nature of the proposed
systems, facilities and services, their location, a cost breakdown plus a total estimated cost,
including cost of construction or reconstruction, labor and materials, lands, property, rights,
easements, franchises or systems, facilities and services to be acquired, cost of plans and
specifications, surveys of estimates of costs and of revenues, cost of engineering, legal and other
professional consultation services and other expenses or costs necessary or incident to
determining the feasibility or practicability of such construction, reconstruction or acquisition,
administrative expenses, relationship to the authority and power of the District in its charter, and
such other expense or costs as may be necessary or incident to the financing to be authorized by
the Board of Supervisors.
4. The preliminary assessment roll to be prepared will be in accordance
with the method of assessment provided for in the assessment methodology and as may be
adopted by the Board of Supervisors~ the assessment roll shall be completed as promptly as
possible and shall show the acreage, lots, lands or plats assessed and the amount of the fairly and
reasonably apportioned assessment based on special and peculiar benefit to the property, lot,
parcel or acreage of land and, if the assessment against each such lot, parcel, acreage or portion
of land is to be paid in installments, the number of annual installments in which the assessment is
di vided shall be entered into and shown upon the assessment roll.
5. The Board of Supervisors of the District may determine and declare by
an initial assessment resolution to levy and assess the assessments with respect to assessable
improvements stating the nature of the systems, facilities and services, improvements, projects or
infrastructure constituting such assessable improvements, the information in the engineer's cost
report, the information in the assessment methodology as determined by the board at the noticed
meeting and referencing and incorporating as part of the resolution the engineer's cost report, the
preliminary assessment methodology and the preliminary assessment roll as referenced exhibits
to the resolution by reference; if the board determines to declare and levy the special
assessments by the initial assessment resolution, the board shall also adopt and declare a notice
resolution which shall provide and cause the initial assessment resolution to be published once a
week for a period of two weeks in a newspaper of general circulation published in Collier County
and said board shall by the same resolution fix a time and place at which the owner or owners of
the property to be assessed or any other persons interested therein may appear before said board
9b
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and be heard as to the propriety and advisability of making such improvements, as to the costJa
thereof, as to the manner of payment therefore and as to the amount thereof to be assessed against
each property so improved. Thirty day's notice in writing of such time and place shall be given
to such property owners. The notice shall include the amount of the assessment and shall be
served by mailing a copy to each assessed property owner at his or her last known address, the
names and addresses of such property owners to be obtained from the record of the property
appraiser of the county political subdivision where the land is located or from such other sources
as the District manager or engineer deems reliable, proof of such mailing shall be made by the
affidavit of the manager of the District or by the engineer, said proof to be filed with the manager
of the District, provided that failure to mail said notice or notices shall not invalidate any of the
proceedings hereunder. It is provided further that the last publication shall be at least one week
prior to the date of the hearing on the final assessment resolution. Said notice shall describe the
general areas to be improved and advise all person interested that the description of each
property to be assessed and the amount to be assessed to each piece, parcel, lot or acre of
property may be ascertained at the office of the manager of the District. Such service by
publication shall be verified by the affidavit of the publisher and filed with the manager of the
District. Moreover, the initial assessment resolution with its attached, referenced and
incorporated engineer's cost report, preliminary assessment methodology and preliminary
assessment roll, along with the notice resolution, shall be available for public inspection at the
office of the manager and the office of the engineer or any other office designated by the Board
of Supervisors in the notice resolution. Notwithstanding the foregoing, the landowners of all of
the property which is proposed to be assessed may give the District written notice of waiver of
any notice and publication provided for in this subparagraph 5. and such notice and publication
shall not be required; provided, however, that any meeting of the Board of Supervisors to
consider such resolution shall be a publicly noticed meeting.
6. At the time and place named in the noticed resolution as provided for in
subparagraph 5., the Board of Supervisors of the District shall meet and hear testimony from
affected property owners as to the propriety and advisability of making the systems, facilities,
services, projects, works, improvements or infrastructure and funding them with assessments
referenced in the initial assessment resolution on the property. Following the testimony and
questions from the members of the board or any professional advisors to the District of the
preparers of the engineer's cost report, the assessment methodology and the assessment rolJ, the
Board of Supervisors shall make a final decision on whether to levy and assess the particular
assessments. Thereafter, the Board of Supervisors shall meet as an equalizing board to hear and
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to consider any and all complaints as to the particular assessments and shall adjust and eqUflilf", H
the assessments on the basis of justice and right. .L V
7. When so equalized and approved by resolution or ordinance by the Board of
Supervisors, to be called the final assessment resolution, a final assessment roll shall be filed
with the clerk of the board and such assessment shall stand confirmed and remain legal. valid and
binding first liens on the property against which such assessments are made until paid, equal in
dignity to the first liens of ad valorem taxation of county governments and school boards;
however, upon completion of the systems, facilities, service, project, improvement, works or
infrastructure, the District shall credit to each of assessments the difference in the assessment as
originally made, approved, levied and assessed, and confirmed and the proportionate part of the
actual cost of the improvement to be paid by the particular special assessments as finally
determined upon the completion of the improvement, but in no event shall the final assessment
exceed the amount of the special and peculiar benefits as apportioned fairly and reasonably to the
property from the system, facility or service being provided as originally assessed. Promptly
after such confirmation, the assessment shall be recorded by the clerk of the District in the
minutes of the proceedings of the District and the record of the lien in this set of minutes shall
constitute prima facie evidence of its validity. The Board of Supervisors, in its sole discretion,
may, by resolution grant a discount equal to all or a part of the payee's proportionate share of the
cost of the project consisting of bond financing cost, such as capitalized interest, funded reserves,
and bond discounts included in the estimated cost of the project, upon payment in full of any
assessments during such period prior to the time such financing costs are incurred as may be
specified by the Board of Supervisors in such resolution.
8. District assessments may be made payable in installments over no more than
30 years from the date of the payment of the first installment thereof and may bear interest at
fixed or variable rates.
(b) Notwithstanding any provision hereof or chapter 170, the provisions of
section 170.09, as amended from time to time, which provide that assessments may be paid
without interest at any time within 30 days after the improvement is completed and a resolution
accepting the same has been adopted by the governing authority, shall not be applicable to any
District assessments, whether imposed, levied and collected pursuant to the provisions of this Act
or other provisions of Florida law, including, but not limited to chapter 170.
(c) In addition. the District is authorized expressly in the exercise of its
rulemaking power to promulgate a rule or rules which provides or provide for notice, levy,
imposition, equalization and collection of assessments.
S-~
(16) Issuance of certificates of indebtedness based on assessments for assessable
improvements; assessment bonds.-. . 1 () ~~~
(a) The board may, after any specJaI assessments or benefIt special assessments
for assessable improvements are made, determined, and confirmed as provided in this Act, issue
certificates of indebtedness for the amount so assessed against the abutting property or property
otherwise benefitted, as the case may be; and separate certificates shall be issued against each
part or parcel of land or property assessed, which certificates shall state the general nature of the
improvement for which the assessment is made. The certificates shall be payable in annual
installments in accordance with the installments of the special assessment for which they are
issued. The board may determine the interest to be borne by such certificates, not to exceed the
maximum rate allowed by general law, and may sell such certificates at either private or public
sale and determine the form, manner of execution, and other details of such certificates. The
certificates shall recite that they are payable only from the special assessments levied and
collected from the part or parcel of land or property against which they are issued. The proceeds
of such certificates may be pledged for the payment of principal of and interest on any revenue
bonds or general obligation bonds issued to finance in whole or in part such assessable
improvement, or, if not so pledged, may be used to pay the cost or part of the cost of such
assessable improvements.
(b) The District may also issue assessment bonds, revenue bonds or other
obligations payable from a special fund into which such certificates of indebtedness referred to in
the preceding subsection may be deposited; or, if such certificates of indebtedness have not been
issued, the District may assign to such special fund for the benefit of the holders of such
assessment bonds or other obligations, or to a trustee for such bondholders, the assessment liens
provided for in this Act unless such certificates of indebtedness or assessment liens have been
theretofore pledged for any bonds or other obligations authorized hereunder. In the event of the
creation of such special fund and the issuance of such assessment bonds or other obligations, the
proceeds of such certificates of 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. The District is authorized to covenant with the holders of such assessment bonds,
revenue 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 assessment liens have been deposited in or assigned to such fund; to foreclose such assessment
liens so assigned to such special fund or represented by the certificates of indebtedness deposited
in the special fund, after such assessment liens have become delinquent, and deposit the proceeds
~I
derived from such foreclosure, including interest and penalties, in such special fund; and tImG H
any other covenants deemed necessary or advisable in order to properly secure the holders of
such assessment bonds or other obligations.
(c) The assessment bonds, revenue bonds or other obligations issued pursuant to
this section shall have such dates of issue and maturity as shall be deemed advisable by the
board; however, the maturities of such assessment bonds or other obligations shall not be more
than 2 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 the certificates of indebtedness representing such
assessment liens, are assigned to or deposited in such special fund.
(d) Such assessment bonds, revenue bonds or other obligations issued under this
section shall bear such interest as the board may determine, not to exceed the maximum rate
allowed by general law, and shall be executed, shall have such provisions for redemption prior to
maturity, shall be sold in the manner and shall be subject to all of the applicable provisions
contained in this Act for revenue bonds, except as the same may be inconsistent with the
provisions of this section.
(e) All assessment bonds, revenue bonds or other obligations issued under the
provisions of this section shall be and constitute and shall have all the qualities and incidents of
negotiable instruments under the law merchant and the laws of the state.
(17) Tax Iiens.-All taxes of the District provided for in this Act, except together with
all penalties for default in the payment of the same and all costs in collecting the same. including
a reasonable attorney's fee fixed by the court and taxed as a cost in the action brought to enforce
payment, shall, from January 1 for each year the property is liable to assessment and until paid,
constitute a lien of equal dignity with the liens for state and county taxes and other taxes of equal
dignity with state and county taxes upon all the lands against which such taxes shall be levied. A
sale of any of the real property within the District for state and county or other taxes shall not
operate to relieve or release the property so sold from the lien for subsequent District taxes or
installments of District taxes, which lien may be enforced against such property as though no
such sale thereof had been made. In addition to, and not in limitation of, the preceding sentence,
for purposes of s. 197.552, as amended from time to time, the lien of all special assessments
levied by the district shall constitute a lien of record held by a municipal or county governmental
unit. The provisions of ss. 194.171, 197.122, 197.333, and 197.432. as each may be amended
from time to time, shall be applicable to District taxes with the same force and effect as if such
provisions were expressly set forth in this Act.
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(18) Payment of taxes and redemption of tax liens by the District; sharing in proceeds of
tax sale.- .... ,,'.' ,.
!' ( '~' I~ ;i
(a) The District shall have the power and right to: J l:.j~~!
1. Pay any delinquent state, county, District, municipal, or other tax or
assessment upon lands located wholly or partially within the boundaries of the District; and
2. Redeem or purchase any tax sales certificates issued or sold on account
of any state, county, District, municipal, or other taxes or assessments upon lands located wholly
or partially within the boundaries of the District.
(b) Delinquent taxes paid, or tax sales certificates redeemed or purchased, by the
District, together with all penalties for the default in payment of the same and all costs in
collecting the same and a reasonable attorney's fee, shall constitute a lien in favor of the District
of equal dignity with the liens of state and county taxes and other taxes of equal dignity with state
and county taxes upon all the real property against which the taxes were levied. The lien of the
District may be foreclosed in the manner provided in this Act.
(c) In any sale of land pursuant to s. 197.542, as may be amended from time to
time, the District may certify to the clerk of the circuit court of the county holding such sale the
amount of taxes due to the District upon the lands sought to be sold; and the District shall share
in the disbursement of the sales proceeds in accordance with the provisions of this Act and under
the laws of the state.
(19) Foreclosure of liens.-Any lien in favor of the District arising under this Act may be
foreclosed by the District by foreclosure proceedings in the name of the District in a court of
competent jurisdiction as provided by general law in like manner as is provided in chapter 173
and amendments thereto; the provisions of that chapter shall be applicable to such proceedings
with the same force and effect as if those provisions were expressly set forth in this Act. Any act
required or authorized to be done by or on behalf of a municipality in foreclosure proceedings
under chapter 173 may be performed by such officer or agent of the District as the Board of
Supervisors may designate. Such foreclosure proceedings may be brought at any time after the
expiration of 1 year from the date any tax, or installment thereof, becomes delinquent; however
no lien shall be foreclosed against any political subdivision or agency of the state. Other legal
remedies shall remain available.
(20) Mandatory use of certain District systems, facilities and services.-To the full extent
permitted by law, the District shall require all lands, buildings, premises, persons, firms and
corporations within the District to use the water management and control facilities and water and
sewer facilities of the District.
6/
(21) Competitive procurement (bids; negotiations; related provisions) required .-
(a) No contract shall be let by the board for any goods, supplies, or mat~alC p
be purchased when the amount thereof to be paid by the District shall exceed the ~ount I
provided in s. 287.017, as amended from time to time, for category four, unless notice of bids
shall be advertised once in a newspaper in general circulation in Collier County. Any board
seeking to construct or improve a public building, structure, or other public works shall comply
with the bidding procedures of s. 255.20, as amended from time to time, and other applicable
general law. In each case, the bid of the lowest responsive and responsible bidder shall be
accepted unless all bids are rejected because the bids are too high, or the board determines it is in
the best interests of the District to reject all bids. The board may require the bidders to furnish
bond with a responsible surety to be approved by the board. Nothing in this section shall prevent
the board from undertaking and performing the construction, operation, and maintenance of any
project or facility authorized by this Act by the employment of labor, material, and machinery.
(b) The provisions of the Consultants' Competitive Negotiation Act, s. 287.055,
as amended from time to time, apply to contracts for engineering, architecture, landscape
architecture, or registered surveying and mapping services let by the board.
(c) Contracts for maintenance services for any District facility or project shall be
subject to competitive bidding requirements when the amount thereof to be paid by the District
exceeds the amount provided in s. 287.017, as amended from time to time, for category four. The
District shall adopt rules, policies, or procedures establishing competitive bidding procedures for
maintenance services. Contracts for other services shall not be subject to competitive bidding
unless the District adopts a rule, policy, or procedure applying competitive bidding procedures to
said contracts.
(22) Fees, rentals, and charges; procedure for adoption and modifications~ minimum
revenue requirements.-
(a) The District is authorized to prescribe, fix, establish, and collect rates, fees,
rentals, or other charges, hereinafter sometimes referred to as "revenues," and to revise the same
from time to time, for the systems, facilities and services furnished by the District, within the
limits of the District, including, but not limited to, recreational facilities, water management and
control facilities, and water and sewer systems; to recover the costs of making connection with
any District service, facility or system~ and to provide for reasonable penalties against any user or
property for any such rates, fees, rentals, or other charges that are delinquent.
(b) No such rates, fees, rentals, or other charges for any of the facilities or
services of the District shall be fixed until after a public hearing at which all the users of the
be/--
proposed facility or services or owners, tenants, or occupants served or to be served thereby and
all other interested persons shall have an opportunity to be heard concerning the proposed nrts,O H
fees, rentals, or other charges. Rates, fees, rentals, and other charges shall be adopted underte
administrative rulemaking authority of the District, but shall not apply to District leases. Notice
of such public hearing setting forth the proposed schedule or schedules of rates, fees, rentals, and
other charges shall have been published in a newspaper of general circulation in Collier County
at least once and at least 10 days prior to such public hearing. The rule making hearing may be
adjourned from time to time. After such hearing, such schedule or schedules, either as initially
proposed or as modified or amended, may be finally adopted. A copy of the schedule or
schedules of such rates, fees, rentals, or charges as finally adopted shall be kept on file in an
office designated by the board and shall be open at all reasonable times to public inspection. The
rates, fees, rentals, or charges so fixed for any class of users or property served shall be extended
to cover any additional users or properties thereafter served which shall fall in the same class,
without the necessity of any notice or hearing.
(c) Such rates, fees, rentals, and charges shall be just and equitable and uniform
for users of the same class, and when appropriate may be based or computed either upon the
amount of service furnished, upon the number of average number of persons residing or working
in or otherwise occupying the premises served, or upon any other factor affecting the use of the
facilities furnished, or upon any combination of the foregoing factors, as may be determined by
the board on an equitable basis.
(d) The rates, fees, rentals, or other charges prescribed shall be such as will
produce revenues, together with any other assessments, taxes, revenues, or funds available or
pledged for such purpose, at least sufficient to provide for the items hereinafter listed, but not
necessarily in the order stated:
1. To provide for all expenses of operation and maintenance of such
facility or service;
2. To pay when due all bonds and interest thereon for the payment of
which such revenues are, or shall have been, pledged or encumbered, including reserves for such
purpose; and
3. To provide for any other funds which may be required under the
resolution or resolutions authorizing the issuance of bonds pursuant to this Act.
(e) The board shall have the power to enter into contracts for the use of the
projects of the District and with respect to the services, systems and facilities furnished or to be
furnished by the District.
h3
(23) Recovery of delinquent charges.-In the event that any rates, fees, rentals, charges,
or delinquent penalties shall not be paid as and when due and shall be in default for 60 days or
more, the unpaid balance thereof and all interest accrued thereon, together with reasona~ 0 l
attorney's fees and costs, may be recovered by the District in a civil action.
(24) Discontinuance of service.-In the event the fees, rentals, or other charges for water
and sewer services, or either of them, are not paid when due, the board shall have the power,
under such reasonable rules and regulations as the board may adopt, to discontinue and shut off
both water and sewer services until such fees, rentals, or other charges, including interest,
penalties, and charges for the shutting off and discontinuance and the restoration of such water
and sewer services or both, are fully paid; and, for such purposes, the board may enter on any
lands, waters, or premises of any person, firm, corporation, or body, public or private, within the
District limits. Such delinquent fees, rentals, or other charges, together with interest, penalties,
and charges for the shutting off and discontinuance and the restoration of such services and
facilities and reasonable attorney's fees and other expenses, may be recovered by the District,
which may also enforce payment of such delinquent fees, rentals, or other charges by any other
lawful method of enforcement.
(25) Enforcement and penalties.-The board or any aggrieved person may have recourse
to such remedies in law and at equity as may be necessary to ensure compliance with the
provisions of this Act, including injunctive relief to enjoin or restrain any person violating the
provisions of this Act or any bylaws, resolutions, regulations, rules, codes, or orders adopted
under this Act. In case any building or structure is erected, constructed, reconstructed, altered,
repaired, converted, or maintained, or any building, structure, land, or water is used, in violation
of this Act or of any code, order, resolution, or other regulation made under authority conferred
by this Act or under law, the board or any citizen residing in the District may institute any
appropriate action or proceeding to prevent such unlawful erection, construction, reconstruction,
alteration, repair, conversion, maintenance, or use; to restrain, correct, or avoid such violation; to
prevent the occupancy of such building, structure, land, or water; and to prevent any illegal act,
conduct, business, or use in or about such premises, land, or water.
(26) Suits against the District.-Any suit or action brought or maintained against the
District for damages arising out of tort, including, without limitation, any claim arising upon
account of an act causing an injury or loss of property, personal injury, or death, shall be subject
to the limitations provided in s. 768.28, as amended from time to time.
(27) Exemption of District property from execution.-All District property shall be
exempt from levy and sale by virtue of an execution, and no execution or other judicial process
(p,y
shall issue against such property, nor shall any judgment against the District be a charge or lien
on its property or revenues; however, nothing contained herein shall apply to or limit the right! 0 H
bondholders to pursue any remedy for the enforcement of any lien or pledge given by the Dist .
in connection with any of the bonds or obligations of the District.
(28) Termination, contraction, or expansion of District.-
(a) The Board may ask the Legislature through its local legislative delegation in
and for Collier County to amend this Act to contract, to expand or to contract and to expand the
boundaries of the District by amendment of section 4 to this Act.
(b) The District shall remain in existence until:
1. The District is terminated and dissolved pursuant to amendment to this
Act by the Florida Legislature.
2. The District has become inactive pursuant to s. 189.4044.
(29) The inclusion of any or all territory of the District within a municipality does not
change, alter or affect the boundary, territory, existence or jurisdiction of the District.
(30) Sale of real estate within a District; required disclosure to purchaser.-Subsequent
to the creation of this District under this Act, each contract for the initial sale of a parcel of real
property and each contract for the initial sale of a residential unit within the District shall include,
immediately prior to the space reserved in the contract for the signature of the purchaser, the
following disclosure statement in boldfaced and conspicuous type which is larger than the type in
the remaining text of the contract: "THE AVE MARIA STEWARDSHIP COMMUNITY
DISTRICT MAY IMPOSE AND LEVY TAXES OR ASSESSMENTS, OR BOTH TAXES
AND ASSESSMENTS, ON THIS PROPERTY. THESE TAXES AND ASSESSMENTS PAY
THE CONSTRUCTION, OPERATION, AND MAINTENANCE COSTS OF CERTAIN
PUBUC SYSTEMS, FACILITIES AND SERVICES OF THE DISTRICT AND ARE SET
ANNUALLY BY THE GOVERNING BOARD OF THE DISTRICT. THESE TAXES AND
ASSESSMENTS ARE IN ADDITION TO COUNTY AND OTHER LOCAL
GOVERNMENTAL TAXES AND ASSESSMENTS AND ALL OTHER TAXES AND
ASSESSMENTS PROVIDED FOR BY LAW."
(31) Notice of creation and establishment.-Within 30 days after the election of the first
Board of Supervisors creating this District, the District shall cause to be recorded in the property
records in the county in which it is located a "Notice of Creation and Establishment of the Ave
Maria Stewardship Community District." The notice shall, at a minimum, include the legal
description of the property of the landowners who have consented to establishment of this
District and a copy of the disclosure statement specified in s. 4, subsection (30).
0S-
(32) Any system, facility, service, works, improvement, project or other infrastructure
owned by the District, or funded by federal tax exempt bonding issued by the District, is PUbli~. 0 H
the District by rule may regulate, and may impose reasonable charges or fees for, the use thereof
but not to the extent that such regulation or imposition of such charges or fees constitutes denial
of reasonable access.
Section 5.
(1) In the even of a conflict between the provisions of this Act and the provisions of any
other Act, the provisions of this Act shall control to the extent of such conflict.
(2) If any provision of this Act is determined unconstitutional or otherwise determined
invalid by a court of law, all the rest and remainder of the Act shall remain in full force and effect
as the law of Florida.
Section 6.
This Act shall take effect upon becoming a law.
60
10/27/2a03 08:01
77440Hl
COUNTY MGR OFER_ DE
PAGE a2
II Barron
FA Collier
COMPANIES
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October 24, 2003
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James V. Mudd
Collier County Manager
Collier County Government Center
3301 East Tamiatni Trail
Naples, Florida 34112
Re: Ave Maria - Transportatton Mitigation
Dear Mr. Mudd:
I am writing you in my capacity as Presidcmt of the managing joint venturer of New Town
Development LLLP (herein" IV"), a joint venture of Barron Collier Company and Ava Maria
University Foundation. This letter is to set forth IV's commitment to work with the County to
provide an improved ttansportation network in the vicinity of Ave Maria. which includes Ave
Mana University and the Town of Ave Maria. The IV is committed to pay its "fair" share of
necessary improvements to the Collier County road system to fully mitigate the impacts of Ave
Maria. As you are well aware, one of the fundamental goals of tbe University and supporting
Ave Maria Town is to internalize traffic. This "internalization" is a direct result of the
character of the University, where 95% of the students reside on campus, and a laTge
percentage of faculty and staff reside on campus or in the adjoining neighborhoods of Ave
Maria Town. The function of tho town, particularly in its early phases, is to provide tbe
support services for the University, its students, faculty and staff and thus maximize the
internalization of required trips.
This letter is a statement of our understanding of joint and several efforts of IV and County
staff to address transportation issues, as well as a conunitment regarding right-of-way
donation. In addition to the payment of all lawfully enacted impact fees, Barron Collier, as a
joint venturer in the IV, agrees to donate right-of-way WIder the conditions specified herein in
order to further mitigate the impacts of Ave Maria on the County's road network. particularly
the road system in reasonable proximity to Ave Maria.
County stafT and IV agree to work eollaboratively to address transportation needs in the area
around Ave Maria. In particular, County Manager and County staff wjIJ use theiT best efforts
to have the expansion of Oil Well Road from Immokalce Road to Camp Keais Road and Camp
Keais Road from Oil Well Road to Irnmokalee Road (hereinafter OW/CK road segments)
included in MPO's Long-Range Transportation Plan. In addition, JV and County staff wi II use
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10/27/2003 08:01
7744010
COUNTY MGR OFER_ DE
PAGE 03
Mr. James V. Mudd
October 24, 2003
Page 2
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1
their best efforts to have those improvements to OW/CK road segments included in the State's
five-year work program in order for County expenditures for road improvements thereon to be
eligible for reimbUt'scrnent with state or federal dollars. County staff will undertake to ensure
that impact fees tTom Ave Maria are utilized for road capacity improvements to the OW/CK
road segments until funding for the four laning of those segments is in place and dedicated to
that purpose.
Barron Collier Company agrees to make the following right-of-way donations totaling
approximately 115 acres to the County after approval of the SRA for the Ave Maria Town and
University and the issuance of a Development of Regional Impact Development Order for that
development, and no later than 30 days after the four laning improvements for the OW/CK
road segments are included in the fIrst three years of the County's CIE. These donations will
be sufficient to allow six laning of these road scgmellts in the future.
· Oil Well Road - Barron Collier interests own land for approximately 3-1/2
miles on the north side of Oil Well Road starting at Camp Kcais Road and
proceeding to the west. Barron Collier agrees to donate sufficient right-of-
way on that section so that the County has 200 feet of right-of-way for the
expansion of Oil Well Road, subject to the conditions set forth herein.
· Camp Keais Road - Barron Collier interests owns land along the west side
of the entire S-mile section ofCarnp Keais Road from Immokalee Road to
Oil Well Road. Barron Collier agrees to donate sufficient right-of-way on
that section so that the County has 200 feet of right-of-way for the
expansion of Camp Keais Road, subject to the conditions set forth herein.
These donations shall convey fee title, and JV and Banon ColliCD' agree not to seek impact fee
credits for said donations.
County understands that a condition of the donation of approximately lIS acres of right-of-
way for improvements to OW /CK road segments is the right of IV to utilize: the: value: of that
donation to demonstrate its mitigation of impacts to the regional road network during the DR!
process. A further condition of the donation of right-of-way as set forth herein is that the Oil
Well Road-Camp Keais Road alternative is prioritized over the fout-Ianing of the Immokalee
Road segment from Oil Wen Road to the intersection of Immokalee Road and Camp Keais
Road. In addition, County staff will use its best efforts to accelerate the timing of the four-
laning of these road segments, with the expectation of achieving 4 laning in the 20 I 0 time
frame.
County and ]V will work collaborativc1y to choose the appropriate roadway cross section(s) for
the OW/CK road segments four laning, including medians, drainage, stonn water retention
ponds, etc. The expansion of these road segments will also aid in the transition from rural uses
to the south and east or Oil Well and Camp Keais Roads, respectively, to the more developed
nature of Ave Maria property to the north and west of said Toad segments.
~0/27/2B03 BB:B1
774401B
COUNTY t-t3R DFER_ DE
PAGE El4
Mr. James V. Mudd
October 24,2003
Page 3
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1
The commitment and intentions of the parties herein will be memorialized in a Collier County
Development Order, Developer Contribution Agreement, or Development Agreement pursuant
to subsection 380.06 of the Florida Statutes. Since the impacts of this project will be the
subject of analysis during the DR! process, it is tbe intent of the parties to formalize the
commitments made herein during that time frame. In addition and subject to the rcqujrements
of the Collier County Ordinances regarding the same, the parties shall have the option to enter
into an agreement granting vested rights as to certain aspects of Ave Maria as a result of the
donation set forth herein and the prepayment of impact fees for some portion of the
development contemplated in the DRI. Until such time as the four laning ofthe OW/CK road
segments arc four laned, any such prepayment ofimpact fees shall be used solely for expansion
of the OW/CK road segments.
.l think this letter reflects a correct statement of the parties' intentions and, through our
commitment to donate a substantial amount of right-of-way, our willingness to work
cotlaboratively with the County to address matters of material interest and concern.
~u
Paul . eUi, President
B n Collier Companies