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Resolution 1988-021 .~. ~'""=~.~__-.."""_",,,",,,,___ '..."o_.~,__^_. ,o~ 110 w.~ 744 RESOLUTION NO. 88-~ I r'1 r I r,'" ""'\ ~ '\ t'l .J'. I': J ' I~J'~ tJ RESOLUTION APPROVING A PROPOSED SPECIAL ACT TO RE-ESTABLISH THE COLLIER COUNTY WATER-SEWER DISTRICT; PROVIDING A SUPPLEMENT TO CHAPTER 78-489, LAWS OF FLORIDA; AND ENLARGING THE COLLIER COUNTY WATER-SEWER DISTRICT BOUNDARIES. WHEREAS, the Board of County Commissioners of Collier County, Florida, deems it to be in the best interest of the citizens of Collier County, Florida, to re-establish and enlarge the Collier County Water-Sewer District boundaries. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1) The proposed Special Act attached as Exhibit "A" is hereby approved. 2) The Staff is hereby directed to send the attached proposed Special Act to the Legislative Delegation for consideration during the 1988 Legislative Session. This Resolution adopted after motion, second and roll call vote as follows: Commissioner G:xx1night l-btioned an::i aye Commissioner Hasse Seconded arrl aye Commissioner Pister Aye Commissioner Saunders Aye Commissioner Glass Aye DATED: January 12, 1988 ATTEST: JAMES C. GILES, Clerk "l'\;.,ij ., ...'-~~~ .~, Approved - ~s t .-~orm and l~gal sUfficiency: ~~MI~f ~'- R. Bruce Anderson Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA /1 //~ ~ By: u.- ~ Aru~OLD LEE GLASS, Chairman Jl~[\] 1 ~2 1928 AN ACT RELATING TO COLLIER COUNTY AND THE COLLIER COUNTY WATER-SEWER DISTRICT; PROVIDING FOR LEGISLATIVE INTENT; RE-ESTABLISHING THE COLLIER COUNTY WATER-SEWER DISTRICT AND PROVIDING A SUPPLE!~NT TO CHAPTER 78-489, 5 LAWS OF FLORIDA, RELATING TO THE COUNTY WATER-SEWER 6 DISTRICT OF COLLIER COUNTY; PROVIDING FOR JURISDICTION, RESTRICTIONS AND BOUNDARIES AS APPLIED TO THE CITY OF NAPLES, EVERGLADES CITY, PELICAN BAY IMPROVEMENT 9 DISTRICT, IMMOKALEE WATER AND SEWER DISTRICT AND OTHER 10 UNINCORPORATED AREAS; PROVIDING DEFINITIONS; PROVIDING 11 FOR POWERS AND DUTIES OF DISTRICT BOARD; PROVIDING FOR 12 ADOPTION OF RATES, FEES AND OTHER CHARGES; PROVIDING 13 FOR ISSU~~CE OF BONDS; PROVIDING FOR TRUST FUNDS AND 14 TRUSTEES; PROVIDING FOR COVENANTS OF DISTRICT BOARD 15 WITH BONDHOLDERS; PROVIDING THAT UNPAID FEES CONSTITUTE 16 A LIEN; PROVIDING FOR PUBLICATION OF NOTICE OF ISSUANCE 17 OF BONDS; PROVIDING THAT BONDS SHALL HAVE THE QUALITIES 18 OF NEGOTIABLE INSTRUMENTS AND FOR THE RIGHTS OF 19 HOLDERS; PROVIDING FOR ANNUAL REPORTS OF THE DISTRICT 20 BOARD; PROVIDING THAT DISTRICT PROPERTY IS EXEMPT FROM 21 TAXATION; PROVIDING FOR DISTRICT BONDS AS SECURITIES 22 FOR PUBLIC BODIES; PROVIDING FOR BONDS AS PAYMENT FOR 23 SERVICES; PROVIDING FOR CONTRACTS FOR CONSTRUCTION OF 24 IMPROVEMENTS AND SEALED BIDS; PROVIDING FOR SPECIAL 25 ASSESSMENTS; PROHIBITING FREE WATER AND SEWER SERVICES; PROVIDING FOR SYSTE!1 DEVELOPMENT CHARGES; PROVIDING 26 27 FOR CONVEYANCr: OF PROPERTY WITHOUT CONSIDERATION; 28 PROVIDING FOR DISTRICT APPROVAL OF CONSTRUCTION OF 29 WATER AND SEWAGE FACILITIES; PROVIDING FOR CONSTRUCTION '-. 30 OF LAW; PROVIDING FOR PENALTIES AND ENFORCEMENT; 31 PROVIDING AN EFFECTIVE DATE. &OOK 110 w,~ 745 ~ -~ ~'"_."-"-'_:_""--"""'" \00" 110 nr,~ "746 I r [.; 1 t.. II J "'"'"""':"'1 l:1eO WHEREAS, the Legislature has adopted growth management 2 legiaLltion which requires 10cal government:! to plan for and provide for capital infrastructure facilities such as water and sewer systemsj and 5 WHEREAS, the Legislature ""courages 10cal governments to fin.nc~ such capital infrastructure facilities with impact fees ~nd user fees r^thcr than ~d valor~m t~xC5j and WHEREAS, Collier County (the Naples Hetropolitan StatisticaL 9 Area) was designated by the United States Censu~ Bureau as the 10 fastest growing area in the United States for the years 11 1980-1985, with a population increase of thirty-six percent and 12 such growth has continued and c,'n reasonably be expected to 13 continue; and 14 WHEREAS, it has been the growth mar '~ement policy of the 15 Board of County Commissioners of Collier County as the governing 16 body of Col1ier County and as the governing board of the Collier 17 County Water-Sewer District to require persons to install and 18 operate interim water treatment and/or interim sewage treatment 19 and dis~0sal facilities, when such persons choose to develop 20 lands in advance of the County'~ expansion of its water and sewer 21 systems infrastructure, and to require persons connected to such 22 interim water and sewer facilities to disconnect from such 23 facilities and'connect to the County's water and sewer systems 24 when such systems become available, and to require such persons 25 to pay their proportionate share of the costs of expansion of the 26 County's water and sewer syr.t'ems to provide service to such 27 persons; and 28 WHl:REAS, the Board of County Commissioners of Collier County ?q ",~ >"~:,'nrt r1 ans with timetables to provide water and sewer " 30 systems in cerlain portions of the unincorporated areas of the 31 County, and has authorized issuance ot water and sewer utility 2 ~ ~. ..... - - - , 11 .; 1 ~ : . . I, i ""'''''8 I::V r revenue bonds and has received federa 1 and state grants t::> finance construction of sewer systems as provided in the adopted planSi llod WHERE:AS. it 15 the intent of the Legislature in adopting 5 this act to facilitate the growth management policies of the 6 Board of County Commissioners of Collier County regarding water 7 and se''''er capital infrastructure needs so as to preserve the 8 quality of life enjoyed by the citizens of Collier County, NOW, 9 THEREFORE, 10 BE :T ENACTED BY THE LEGISLATURE OF THE STATE OF fLORIDA: 11 12 SECTION .1.. Legislative Intent. It is declared as a matter of" 13 legislative determination that the extensive growth of population 14 and attendant commerce throughout Collier County has given rise 15 to public health and water supply concerns, in that many of the 16 unincorporated areas of Collier County are not served by water 17 and sewer facilities norrnally and general1y provided and main- 18 tained ~J governmental agencies and instead are served by private 19 wells and privately-owned package sewage treatment plants or 20 septic tanks; that the proliferation of such package sewage 21 treatment plants and use of septic tank" poses a significant risk 22 of contamination of water supply sources for both incorpor~ted 23 anJ unincorporated areas of Col1ier County; that it is the intent 24 of the Legislature to authorize the Hoard of County Commissioners 25 of Collier County, Florida, to act as the governing board of the 26 Col~ier :ounty Water-Sew~r Oi.trict with overall responsibility 27 for the provision of water and sewer services to certain areas of 28 Callier County as hereinafter provided. 29 .. ~ 30 SE:TION 2. Collier County Water-Sewer District Re-Established; 31 Supplement To Chapter 78-489, Laws of Florida, aOGI( 110"v3747 ~ aOOK 110 w.~ 748 ~ , .' .; ,-~ ~ ' i 1 '....,.. -- Relatinq To County Water-Sewer Distrlct 01 Collier 2 County. There is hereby re-established as a political subdivision of the State of Florida and as a body corporate and politir. the Col1ier County Water-Sewer District, also known as the County Water-Sewer District of Collier County. 6 The Board of County Corr.rnissioners of Col1ier County, Florida, 7 shall be the qoverninq board of the District wlth rights,owers 8 and responsibllitles as provided 1n this act and by genera 1 law, 9 including but not limited to the authority to enact ordinances 10 and adop: resolutlons, and to adopt rules and regulations for its 11 own government and proceedings, and to adopt an official seal for 12 the District. Chapter 78-489, Laws of Florida, relating to the' 13 County Water-Sewer Distrjet of Coll1~r County and validating the 14 creation of said Distrirt is hereby supplemented by this act. 15 The Collier County Water-Sewer District, as re-established in 16 this act, shall sucr.:eed to all rights, powers, Jurisdiction, 17 obligations, responsibilities and interests of the County 18 Wa~er-Sewer District of Collier Coun~y as origlnally established 19 ;:>ursuant to Chapter 153, Part II, Florida Statu~es and Chapter 20 78-489, Laws of Florida, and of the Marco Water and Sewer 21 District and the Goodland Water Distrlct as oriqinally 22 established pursuant to Chapter 153, Part II, Florida Statutes. 23 This act may be i<nown and cited as the "Col~ier County 24 Water-Sewer District Act". 25 26 SECTION 3. Jurisdiction, Rest'rictions and Bound,1ries As Applied 27 To The City of !lar1es, Everqlades Ci~y, Pelican B~ 28 Improvement District, Irrmokalee Water and Sewer 29 DiEtrict an.d Other Unincorporated Art!a~. 30 ( 1 ) The Col1ier County Water-Sewer Distrlct Board shall 31 exercise jurisdiction over the provision of water and ~ 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 ~..~ ", "1 'i-.i:-'8 sewer services within the boundaries ilS hereinafter provided for, and shal1 be exempt from the provisions of Chapter 120, Florida Statutes. Hc privately-owned water or sewer utility sha! 1 be abandoned without adequate provision for continuance of serVlce and the ( 2) prior approval 0{ the Board. The District Board shal1 exercise no jurisdiction or power over properties 10cated withi~ the boundaries of the City of Naples or Everglades City, as such boundaries exist on the effective date" of this act, except as may be consented to in writing by the respective city councils. Nor shall the District Board exerClse any juri~diction or power over properties 10cated within :he boundaries of the Pelican Bay Improvement District except as may be consented to in writing by the Board of Supervisors of the Pelican Bay Improvement District or as provided in Chapter 74-462, Laws of Florida, and amendments thereto. Neither shall the Naples or Everglades City Councils nor the Board of Supervisors of the Pelic"n Aay Improvement District exercise any of their water and/or sewer jurisdiction or powers outside their respective boundaries either singly or together without the written consent of the District Board. (3) Any portion of the unlncorpcrated area of Collier County, except th~ tmmokalee Water and Sewer District, may be added to the boundaries of the Collier County Water-Sewer District by adoption of a resolution by the Distr ict Board. Such resolution may be adopted only after notice af" intent to consider the resolution at a public hearing at a specified date, place and time ~OOK 110 w,~ 749 5 ~ lOOK 1101'~~~ 750 ~I'- 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Jl 2 4 5 6 7 9 P '1 .. '1 ,...,'"\"'\ : ~i' 1~1 shall have been published a~ least once a week for two consecutive weeks in a newspnper of genera 1 circulation in Coll1er County. (4 ) Nothing in this ac~ shall be construed to negate or otherwise limit the powers, authorlty and jurisdiction of the Board of County Commissioners of Collier County to provide for water and sewer serV1CCS under general law in any portion of Collier County. (5 ) The boundaries of the District are initial1y established as follows: Beginning at the easterly shoreline of the Gulf of Mexico and the North line of Section 6, Township 48 South, Range 25 East, Tallahassee Meridian, Collier County, Florida; thence East along the North line of said Section 6 and Section 5 to the Northeast corner of Section 5, Township 48 South, Range 25 E.lst; thence South along the East line of said Section 5 to the Southeast corner of said Section 5, Township 48 South, Range 25 East; thence East along the North line of Sections 9, 10, 11 and 12 of Township 48 South, Range 25 East to the Northeast corner of Section 12, Township 48 South, Range 25 F:ast; thence East along the North li"e of Sections 7, 8 and 9 to the Northeast corner of Section 9, Township 48 South, Range 26 East; thence South along the East Section line of Sections 9 and 16 to the Southeast .cdrner of Section 16, Township 48 Sou th , Range 26 Eas t; thence Eas t a 10ng the Nor th Section line of Sections 22 and 23 to the Northeast corner of Se~tion 23, Township 48 South, Range 26 East; thence South alonq the East section line of Sections 23, 26 und ~J l..:... l~lL: :::;v........:.t.:a.sL (.ornt:( Ul Section 35, 6 c:::::wr , t' ~ ; ; .' ,,\. ~ " l::JC. rj Township 48 South, Range 26 F:ast; ther,ce South along the f.ast lin" of Section.. 2, 11, 14, 23, and 26 to the Southeast corner of Section 26, Township 49 South, Range 26 East, thence East along the North line of 5 Section 36, Township 49 South, R.lnge 21, East to t~.e 6 northeast corner of said Section 36; thence South along 7 the East line of Soction 36, Township 49 South, Range 26 East to the southeast corner of said Section 36; th"nce South alonq the East line of Section 1 to the 10 Southeast corner of Section I, Township 50 South, Range 11 26 East; thence West along Ule North line of Section 12 12, Township 50 South, Range 26 East to the northwest' 13 corner of said Section 12, thence South nlong tho East 14 line of Section. 11, 14, 23, 26 and 35, Township 50 15 South, Range 26 East to the Southeast corner of Soction 16 35, Town.hip 50 South, Range, 26 East; thence South 17 along the East line of Section 2, Towrship 51 South, 18 Range 26 East to a point on the East l~ne of Section 2 19 lying one (11 mile North, as measured perpcndicular to 20 the Northerly right-of-way line of U.S. 41, State Road 21 90, Tamiami Trail; thence Southeasterly alon') a line 22 lying one (1) mile North, as meftsured perpendicular to 23 the Northerly right-of-way line of U.S. 41, State Road 74 90, Tamiami Trail, to a point on the East Section line 25 of Section 22, Township 51 South, Rftngu 27 East; thence 26 continue South alQn<j the E,lst S"ction line of Sections 27 22, 27 and 34, Township 51 South, Rang~ 27 East, to the 28 Southeast corner of said Section 34; thence continue 29 South along the East Section line of Section 3, Township 52 South, Range 27 f.nst, to the intersection 30 31 of said East Section line of Section 3 with Black Water ~OOK 110 w< 751 7 t:--..... ~ aOOK 110 W'( 752 - ~."....- ~ "" '1_:: 5 Riv~r: thence Southerly along the waters oE Black Water River and Black Water Bay to thelr ln~ersection with Gullivan Bay; thence Westerly along the Wdters of GUllivan Bay dnd Sunfish FIat and Ca:'<,1mbas Bay to Caxambas Pass; thence West through Caxambas Pass to the Easterly shoreline of the Gulf oE M"xico: thence Northerly along the Easterly shoreline of the Gulf of ~exico to the lntersection of the Easterly shoreline of the Gulf of MeXICO and the North line of Section 6, ~ 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 To'",nship 48 South, Range 25 East, being the Point of Beginning; less and exceptlng any lands herein described lying withln the City of Naples water and sewer service areas as may be revised from time to time by mutual agreement between ~he City of Naples and the County Water-Sewer District of Collier County, Florida. SF.CTlON 4. Definitions, As used in this act, the fol1owing words and terms Bhall hav~ the fol10wing meanings, unleBs Bome other meaning is plainly intended: (1) "District" shall mean the Collier County Water-Sewer District and the )urisdictional boundaries of the District. (2) "Board" or "District Board" shall mean the Board of County Commissioners of Collier County, Florida, acting as the governing board of the Col1ier County Water- Sewer District. ()) "Bonds" shall mean Revenue Bonds and A3sessment Bondd. (4) "District Clerk" shall mean the Clurk 0f the Circuit Lourt and the ex officio Clerk of the Board of County Commissioners 'of Collier County, who shilll be Clerk and Treasurer of the District. I.~ 30 31 8 .. - ~ (5 ) (6 ) 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 17 ) 25 26 27 28 29 30 31 1::#~ J , 'r. ,... 1 n !;,~i3 '" '.. "System" shal1 mean the water and/or the sewer system of the District. "Sewer system" shall mean and shall include any plant, system, facility or property and additions, extensions and improvements ther~to at any future time constructed or acqulred as part thereof, useful or necessary or having the present capacity for future use in con- nection with the collection, treatment, purification or disposal or sewage of any nature or originating, from any source, illclu iing industrial '"aste.. resulting from any processes of industry, manufacture, trade or busi- ness or from the d~velopment of any natural resources; and without limiting the generality cf the foregoing definition shal1 embrace treatment plilnts, pwnping stations, lift stations, valves, force mains, inter- cepting sewers, laterals, pressure lines, mains and all necessary appurtenances and equipment, all sewer mains and laterals for the reception and collection of sewage from premises connected therewith, and shall include al1 real and persona 1 property and any interest there- in, rights, easements and franchises of any nature whatsoever relating to any such system and necessary or convenient for the operation thereof. "Water system" shal1 mean and irclude any plant, system, facility or property and additions, extensions and improvements ~hdreto at any future time constructed or acquired as part thereof, useful or necessary or having the present capacity for future use in con- nection with the development of sources, treatment or purification and distribution of water for domestic or industrial use and, without limiting the generality of !OOK 110 P~',[ 753 aOOK 110 PAr.[ 754 ~ ----- 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 9 -1 ....-.,""'~ : :.;,~ 1.1 the foregoing shall includc dams, rcsen'oirs, storage tanks, mains, lines, valves, pumping ~ttitlons, Idterals, and pipes for the purpose of carrYlng water to the premises connected wlth such ~Y5tem dnd shall include a11 real and personal prop.,rty and any interests therein, rights, caseClents "nd :::3nchises of any nature whatsoever relating to any such system and necessary or convenient for the operation thereof. (8 ) .Cost" as applied to the acquisition and construction, extensions, additions or improvements to the system sha 11 include the cost of construction or rE'construction, acquisition or purchase, the cost of a11 labor, materials, machinery and equipment, cost of all lands and interest therein, property, rlghts, ec1semcnts and franchises of any nature .....hatsoevcr I financing charges, interest prior to ar,d during construction and for not more than years after completion of the construction or acquisition, extensions, additions or improvements to the system, the creation of initial reserve or debt service funds, bond discount, cost of plans and specifications, surveys and estimates of costs and revenues, cost of engineering, financial and legal services, and all other expenses necessary or incidental in determining the feasibility or practicability of such construction, reconstruction or .acquisition, administrative expenses and such other expenses as may be necessary incidental to fin"l\cing authorized by this law, and including re~mbursement of Col1ier County or a~y other person, firm or corporation for any ~oneys advanced to the District for any expenses incurred by the District 10 e:::::ar 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 _c.~~ 3 7 8 9 . ,~ -"1 ,) I~:':' :0'_ or Collier County in conn"ctlon with any of the foregoing items of cost, or the re-estanlishment of the District. (9) "Assess~ble improvements" shall mean that portion or portions of a 5cwer sYfitem or d w~tcr 5ystC~ of a local nature and of benefit to the premises or lands served thereby and partlcularly, without limiting the generality of the foregoing, with reference to a ~ewer system, "shall includ,," without being limited to, laterals and mains for the collection bod reception of sewage from premises connected therewith, 10cal. or auxili^ry pumping or lift ntations, treatment plants o~ disposal plants, and other appurtenant facilities and equipme~t for the collection, treatment and disposal of sewage; and with reference to a water system shall include such mains and laterals and other distribution facilities, pumping stationh,. and sources of supply as are of benefit to the property served by such water system together with incidental equipment and appurte- nances necessary therefor. (10 ) "Revenue bonds" shall mean bonds or other obligations secured by and payable from the revenues derived from rates, fees and charges collected by the District from the users or future users of the facllities of the system, and which may be additionally secured by a pI edge of the procu~ds of special assessments luvicd against benefited property. ( 11) "Assessment bonds" shal1 mean bonds or other obligations ~ecured by and payablc from special assess- ments levied against benefited lands, and which may be additionally secured by a pledge of other moneys 11 &OOK 110 w'~ 755 ~ Uel [;.-..- 110 PV,~ 756 - , I received by the District. SECTION 5. Powers and Duties of District Board. The Collier 5 6 7 County Water-Sewer District Boar1 shal1 have the fol10wi~g powers and duties in addition to and supplementing other powers granted in this act and powers granted to counties by general law: (11 To construct, install, erect, acquire and to o?erate, maintain, improve, extend, or enlarge and reconstruct a water system or a sewer system or both within the jurisdictional boundaries of the District and the environs thereof and to ha~e the exclusive contral and jurisdiction thereof; to issue its revenue bonds or assessment bonds, or any co~ination of the foregoing, to pay all or part of the cost of such construction, reconstruction, erection, acquisition or installation of such water system, sewer system or both. (2) 70 regulate the use of sewers and the supply of water within the District's boundaries and to prohibit the use and maintenance of outhouses, privies, septic tanks, package sewage treatment plants or other unsani- tary structures or appliances. (3) To fix and col1ect rates, fees and other charges to persons ur property or both for the use of the facilities and services provided by the water system or sewer system or both and to fix and col1ect charges for making connections 'with the water system or sewer system and to provide for reasonable penalties on any users or property for any such rates, fees or charges that are del~nquent. (4) To acquire ln tne name ot the Dlstrlct by purchase, gift or the exercise of the right of eminent domain, 9 10 11 12 1) 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 12 ~ -- -'l '; . 'I'''l ~.: ~ 2 5 6 9 10 11 12 1.1 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 k.:,~ r r"\ "', -1 . '''' ': ;) ....' q fJ pursuant to Chapters 73 and 74. Florida Statutes, such lands and rights and interests therein, including lands under ...ater and riparian rights and to acquire such per~onal property as it may deem necessary in connection ...ith the construction. reconstruction. improvement. extension, installation. erection or operation and maintenance of the system and to hold and dispose of all rea 1 and personal property under its control. The po...er of eminent domain may be. exercised both ...ithin and outside the boundaries of the District but ...ithin the boundaries of Col1ier County. The eminent domain po...ers of th~ District as authorized in this section may not be exercised in the areas specifically excluded from the District's jurisdiction and boundaries in Section Three of this act, except as provided in Section Three for the exercise of such jurisdiction or for the addition to the boundaries of the District of such specific areas. IS) To exercise exclusive jurisdiction, control and supervision over the system, or any part thereof o...ned, operated or maintained by the District and to make and enforce such rules and regulations for the maintenance and operation of the system as may be, in the judgment of the Board, necessary or desirable for. the efficient operatlon of the system or improvements in accomplishing the purposes of this la.... (6) To restrain, enjoin or ~ther...ise prevent the violation of this la... or of any resolution, rule or regulation adopted pursuant to the po...ers granted by this la.... (7) To Join ...ith any other districts, cities. to...ns, counties or other political subdiVisions, public , 13 MOK 110c~(,: 757 e::::=-n ao~K 110 PA~,~ 758 1:....,,-- 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 5 7 9 , " agencies or authorities in the exercise o~ cor.unon powers. (8) To contract with other private or public entities or persons to provide or receiVe a water supply or for sewage disposal, collection or trea~ent or to operate the water or sewer systen of such entity or person. (9 ) To prescribe methods of pretreatnent of industrial wastes not amenable to treatment with domestic sewage before accepting such wastes ~or treat.rnent ar.d to refuse to accept such industrial wastes ....hen not. sufficiently pretreated as nay be prescribed, and by proper resolutlon to prescribe penalties for t.he refusal of any person or corporation to so pret.reat such industrial wastes. (10 I To require and enforce the use of its facilities whenever and wherever they are accessible, and to require and enforce the installation and dedication to the District of water and/or sewer facilitles and easements as a condition precedent to the provision of service by the District or by another entity authorized by the District to previde interin serVice until District fa~~lities are available. ( 11 ) To sell or other....ise dispose of the effluent, sludge or other by-products as a result of sewage treatment. ( 12 ) To accomplish construction by holding hearings, advertising ,. , construction letting for bids, and contracts for a 11 er any part or parts of the construction of the system to the lowest re~ponsible bidder or bidders or rejecting any and all bids at its discretion, prOVided that the District may purchase supplies, material and equipment as well as expend for 14 .' .~~....., I" (i .....,.. .' ~ 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 L", "'..... 3 5 6 7 8 9 construction \ior'-:. in an dn.aunt not to exceed ten thousand dollars total cost of each trans~ct.ion without advertising or receiving bids, (13) To construct and operate connecting, intercep:ing or outlet sewers and sewer mains and pipes and water mains, conduits or pipe lines, in, along or under any streets, alleys. highways or other public places or ways regulated by or under the jurisdiction of the State or the County or any municipality or political subdivision wher, necessary or convenient for the purposes of the ~istrict. (14 ) Subject to luch provisions and restrictions as may be set forth in the resolution authori~ing or securing any bonds or other obligations issued under the provisions of this law, to enter into contracts with the govern- ment of the United States or any agency or instrumcntality thereof, or with any county, municipality, dist.rict, authority or political subdivision, private corporation, partnership, association or individual providing for or relating to the treatment, collection and disposal of sewage, or the treatment, supply and distribution of water and any other matters rclcvant thereto or otherWise necessary to effect the p~rposes of this law, and to receive and accept from any federal or state agency, grants or 10ans for or in ai.'! of the planninj, construction, reconstructior or financing of improvements, additions or extensions to the system and to receive and accept aid or contributions or loans from any other source of either money, property, labor or other things of value, to be held, used and applied only for the purpose for 15 MOK 110 PV.\ 759 '" ". ,./J ~ ,ttnK .110 p~r.1760 ~~~ 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 2 3 6 7 8 9 SECTIOtl 6. t ~ ... .. (', ~. "' '"") " ;,:; -'(j t." . ~ which such grnnts, contributions or loans may be made. (15 ) To enter into interlocal agreements with nny municipality, county, district, authority or ?olitical subdivision for any corporate purpose of the District, lncluding, but not limited to, borrowlng money for construction of improvements, additions and extensions to the system. ( 16 ) To assume ownership, operation nnd control of any county, municipal, district or authority owned water and sewer system, including the assumption of the financial liabiliti~s associated with such wdte~ and sewer system. ( 17) To divide the system into separate subsystems or subdistricts for purposes of setting rates, acr.ounting or fi~ancing improvements or additions thereto. (18) To appoint advisory, administrative or operational boards and committees to assist the Board in the exercise and performance of the powers and duties provided in this act. The Board may delegate any or all of its powers and -luties to such boards and committees. ( 19 ) To do all acts and things necessary or convenient for the conduct of its business and the general wclfare of the District in order to carry out the powers and duties provided in this act or provided in any other law applicable to ~dunties, Adoption Of Rates, Fees And Other Charqes III The Board shall adopt the schedulQ of rates, fee~ or '. other charges tor the use of and the services and fncilities to. be furnished by the water system or 16 c:::ar 2 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 (:-.~ :1"1 5 6 7 8 9 \, . , " :2,;'..:.U seWer system to be paid b'J the o'.'ner, tenant or occupant of each lot or parcel of land WhiCh may be connected with or used by such systems. The initial schedule of such rates, fees and other charges shall be those already in effact in the District and any sub- districts as of the effective date of t~is act. The Board may thereafter revise the schedul~ of rates, fees and charges from ~ime to time; provided, however, that such rates, fees and charges shall be so adopted and revised so as to provide moneys, ....hic.', with other funds available for such purposes, sha:l be sufficient at all times to pay the expenses of ')perating and maintaining the system, including resprves for such purposes, the principal of and interest on revenue bonds as the same shall become due and reserves there- for, and to provide a margin .of safety over and above the total amount of any such payments, and to comply fully ....ith any covenants contained in the resolution authorizing the issuance of any bonds or other obliga- tions of the District. The District "hall charge and collect such rates, fens and charges so adopted or revi~ed, and such rates, fees and char,es shall not be subject to the supervision or regulation by any other commission, board, bureau, agency or )ther political subdivision or agency of the county or state. ( 2) Such rates, fecs ~d chargcs shall be lust and equitable and uniform for Users of the same class and where appropriate may be based or compJted either upon thl.! quantity of water consumed or UpOI. the number and size of sewer connections or upon the number and kind of plumbing fixtures in Use in the premises or upon the 17 MOl( 110 qr,l. 761 c:::::a"l ,oo~ 110 w,r 762 .-C~~ - 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Jl . ,-. .., '- . number or average number of persons reiiding or working 2 in or otherwise using or occupying slch premises or upon any other fac:tor affecting the use of the facilities furnished or upon any comtination of the foregoing factors as may be determined by the Board on 6 any other equitable basis, (3) No rates, fees or charges shall be ado~ted or revised under the foregoing provisions of thiJ section until after a public hearing at which all t1e users of the systp.rn affected thereby, or owners, tenants or Occupants served or to be served thereby and all others interested shall have an opportunity to be heard concerning the proposed rates, fees and charges. Notice of such public hearlng settillg forth the proposed 8chedule Or schedules of ra~es, fees and charges shall be given by one publicatlon in a newspaper published and circulating iI, Collier County at least 10 days before the date fixe~ in such notice for the hearing, which may be adjourn!d from time to time. After such hearing such schedu~e or SChedUles, either as initial:y adopted, or as modlfied or amended, may be finally adopted. (4) A copy of the schedUle or schedules of such rates, fees or charges finally adopted shall )e kept on file in the office of the District Clerk alld shall be open at all times to p'illiic inspection. The rates, fees or charges so adepte,l for any class of u';ers or property served shall be extended to cover any additional users or propertie~ thereatter served which lhal1 fall in the same class, wlthollt the necesslty of any hearing or notice. Any chanyc or revision of such rates, fees or 18 - - " ,., '1 . ,-, " > : ."""'-u c:::::Ir c:. -.~ " '. \\.' ,'-' - IJ charges may be mad~ in the same manne: as such r~tcs, 2 fees or charges were originally established as herein- above provided, except that if such changes or revisions be made substantially pro rata as to all 5 classes of service no hearing or not.ice shall be 6 required. 7 9 SECTION~. Bonds. (1) The District may, from time to time, insue bonds to 10 pay the costs and expenses, other than operating 11 expenses, incurred in carrying out the purpose I of this 12 act or to refund revenue bonds of the District issued 13 pursuant to this act. In anticipation of the lale of 14 such bonds, the District may issue bond anticipation 15 notes and may renew the same- from time to time. Such 16 notes may be paid from the revenues derived by the 17 District from the proceeds of sa Ie of the bonds of the 18 District in anticipation of which they wcre issued. 19 The notes shall be issued in the same manner as the 20 bonds. Bonds and notes shall be, and shall be deemed 21 to be, for a 11 purposes, negotiable instruments, 22 subJect only to the provisions of the bonds and notes 23 fer registration. 24 (2) The bonds may be issued as serial bonds or as term 25 bondsl or the District, in its discretion, may issue 26 bonds of both types'. The District may issue capital 27 appreciation bonds or variable rate bonds. The bonds 28 shall be authorized by resolution of the Doard and 29 shall bear such date or dates; mature at such time or 30 times, not exceeding 40 years from their respective 31 dates; bear interest at such rate or rates; be payable 19 MOl( 11n P~(,l 763 c:::::a toOK 110 W'! 764 - 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 10 31 6 7 8 at such time or times; be in such denominations; be in such form; carry such rcgistratlon I'rlvilcgcs; be executed in such manner; be payable from such sources and in such medium of payment and at such place or places; and be subject to such terms of redemption, including redemption prior to mllturlty, as such resolution 0:' resolutions may provlde. If any officer whose signature, or a facsHlile of Whose slqnature, appears On any bonds or coupons ceases to be such officer before the delivery of such brc.ds, such signature or facsimile shall nevertheless be valid and sufficient for al1 purposes as if he had remAined in office until the delivery. The bonds or notos may be sold at public or private SolIe for such prlce Or prices as the Board shall determine. Pendin, p="paration of the definitive bonds, the District may issue interim receipts or certificates which shall ~e exchanged for such de fini ti ve bonds. The bonds ma~' be secured by such form of credit enhancement, if alY, as the Board deems appropriate. The bonds may be secured by an indenture of trust or trust agreement. (3) The bonds may be validated, at the discretion of the BOArd, pursuant to Chapter 75. Section 75.04 (2) shAll not apply to bonds validated pursuant to Chapter 75. SECTION 9. Trust Funds; Trustees. The proceed" of all bonds or other o~ligations issued under this law and all revenue a derived from the operation of th~ system for the payment of all or part of the cost of which any bonds or other obligations authorized by this law have been isaucd !Ihal1 be and constitute trust funds, and shall be used and applied only in accord,lnce with the 20 - ~ . f ~ ~ c:::::c.-- , , :~ ~0 proceedings authorizing the issuance of any bonds, or other 2 obligations issued pursuant to this law, and the District may appoint trustees, within or without the state, under trust agreements or indentures to hold and adminlster the proceeds of 5 any such bonds or other obligations or any such revenues. The 6 District may provide that the moneys or the funds and accounts 7 established by the proceedlngs authorlzing the issuance of any 8 revenue bonds shall be subject to the lien of the pledge 9 established by the proceedings without any phYllical delivery 10 thereof and the lien of the pledge shall be vali~ and binding as 11 against all parties bringing claims of any kind in tort, contract 12 or otherwise against the District. 13 14 SECTION 10. Covenants Of District Board With Bondholders. In 15 addition to the other provisions and requiremen~s of this law, 16 any resolution authorizing the issuance of bonds or any other 17 obligations issued hereunder may contain provi.ions and the 18 District Board is authorized to provide and may covenant and 19 agree with the several holders of such bonds or ~ther obligations 20 as to: 21 (1; Reasonable deposits with the District in advance to 22 insure the payment of rates, fees or charges for the 23 facilities of the system. 24 (2) The discontinuance of the services anc facilities of 25 the system, or both. for delinquent payments for either 26 water service5 or, :fewer services, and the terms and 27 conditions of the restoration of such service. 28 (3) Limitations on the powers of the District to 29 construct. ac~uire or operate, or permit the 30 construction, acquisition cr operation of any plants, structures, facilities or properties which may compete 31 I::.:~ ~ aOOK 21 110 pv.r 765 c:::::a'"! IOO~ 110 PAr,\ 766 ~, [;~... r r'l, ~~ ~ ' '''\ :'"'I d_, . 1.1 --; or tend to compete with the system. (4) The manner and method of paYlng serVlce charges and fees and the levying of penalties for delinquent pay- ments. 5 (5) Subject to this law the manner and orde~ of priority of 6 7 the disposition of revenues or redemption of any bonds or other obligations. 8 (6) Terms and conditions for modification 0= amendment of 9 the resolution authorizing the issuance of bonds or 10 other obligations. 11 17} Provisions for and limitatlons on the a?pointmen~ of a 12 trustee for bondholders for ,the system. 13 (8) Provisions as to the appointment of a receiver of 14 the system on default of principal or interest on any 15 such bonds or other obligations_or the breach of any 16 covenant or condition of the resolution authorizing 17 such bonds or other obligations. 18 (9) Provisions as to the execution and entering into of 19 trust agreements regarding the holding and disposition 20 of revenues derived from the system or bonds. 21 (10) Provisions as to the maintenance of the system and 22 reasonable insurance thereof. 23 Ill) Any other matters necessary to secure the bonds and 24 the payment of the principal and interest thereof. 25 All such provisions of the resolution shall constitute valid and 26 legally binding contracts bc\:ween the District and several 27 holders of any such bonds and shal1 be enforceable by any such 28 holder or holders by mandamus or other appropriate action, suit 29 or proceeding in law or in equity in any court of competent 30 jurisdiction. 31 22 c:::::::a- .,...,< , ,~ ".:}3 1 SECTION 11. Unpaid Fees To Constitute Lien. In the event that 2 the fees, rates or charges for the services and tacilitieR of the system shall not be paid as and when due, any unpaid balance thereof and 811 interest accruing thereon shall be a lien on any 5 parcel or property affected thereby. Such liens shall be 6 superior and paramount to the interest on such parcel or property of any owner, lessee, tenant, mortgagee or other person except 8 the lien of county taxes and shall be on a parity with the lien of any such county taxes. In the event that any such service 10 charge shal1 not be paid as and when due and shal1 be in default 11 for thin:y days or more the unpaid balance thereof and aIL 12 interest accrued thereon, together with attorneys fees and costi, 13 may be recovered by the District in a civil action, and any such 14 lien and accrued interest may be foreclosed or otherwise enforced 15 by the District by action or suit in equity as for the fore- 16 closure of a mortgage on real property. 17 18 SECTION 12. Publication Of Notice Of Issuance Of Bonds. Prior 19 to the issuance of bonds or other obligations, the Board may, in 20 its discretion, publish a notice at least once in a newspaper 21 published and circulating in Col1ier County stating the date of 22 adoption of the resolution authorizing such obligations, and the 23 amount, maximum rate of interest and maturity of such obligations 24 and the purpose in general terms for which such obligations are 25 to be issued, and further stating that any action contesting the 26 bonds, proceedings authorizln,j the issuance thereof, or of any 27 covenants relating thereto, must be instituted within 20 daY8 28 after the first publication of such notice, or the validity of 29 such obligations or pr?ceedings or covenants shall not be t'ere- 30 after questioned in any court whatso~ver. If no such action or 31 proceeding is so instituted within such 20-day period then the c.... u... MOK 110 W,l, 76723 ~ &OOK 110 m~ 768 (;.y-- ,. .".",... " ; validity of such obligations, p.oceeding3 and covenants shall be conclusive, and al1 pe.sons o. parties whatsoever shall be forever barred from questioning the validity of such ohligations, proceedings or covenants in any court whatsoever. 6 SECTION 13. Bonds; Qualities Of Neqotiable Instruments; Riqhts 7 Of Holders. All bonds issued hereunder shall not be invalid for any irregularity or defect in the proceedings for the issuance 9 and sale thereof and shall be incontestable in the hands of bona 10 fide purchasers for value. No proceedings in .espect to the II issu^nce of such bonds shall be necessa.y except such a8.are 12 required by this act. The provisions of this act shall 13 constitute an irrevocable contract between the District and the 14 holders of any 8uch bonds or coupons thereof issued pursuant to 15 the provisions hereof. Any holder of such bonds may either at 16 law or in equity, by suit, action or mandamus, enforce and compel 17 the performance of the duties required by this act or of any of 18 the ofticers or persons herein mentioned in relation to said 19 bonds, or the levy, assessment, collection and enforcement and 20 application of the revenues, assessments or other funds pledged 21 for the payment of the principal and interest thereof. 22 23 SECTION 14. Annual Reports Of District Board. The District 24 Board shall cause to be made at least once each year a comprehen- 25 sive report of its system, including all matters relating to 26 rates, revenues, expen:,es of \naintenance, repair and operation 27 and renewals and capital replacements, principal and interest 28 requirements and the status of all funds and accounts. Copies of 29 such rpport shal1 be filed with the District Cl~rk and shall be 30 open to public inspection. This report wil1 be known as the J~ ..;.nnual audit report aCld '.:i1, >-~ '~?..~ed by a certified public 24 ~ . ''-''n : :~; >, () accountant appointed by the Board. The annual audit report may 2 be included as part of Collier County's comprehensi'/c annual report or may be issued separately. 4 5 SECTION 15. Exemption From Taxation. As the exercise of the 6 powers conferred by this act constitutes the performance of 7 essential public functions and as the system constructed or acquired under the provisions of this act constitute public property used for public purposcs, the District and all 10 propert~ CS, revenues or other assets thereof, and all bonds 11 i~s~ed hereunder and the interest thereon, shal1 be exempt, from 12 all taxation by the state, or any county, municipality, political 13 subdiviSion. agency or instrumentality thereof. It is ~e intent 14 of the Legilllature that this section not be construed as in 15 violation of Artie Ie VII of the State Constitution, inasmuch as 16 this se~tion is identical to Section 153.76, Florida Statutes, 17 which provides that water and se....er districts established 18 pursuant to Chapter 153, Part II, shall be exempt from taxation, 19 and the County Water-Sewer District of Co11iter County ....as 20 original1y established pursuant to said gcneral la..... 21 22 SECTION 16. District Bonds As Securities For Public Bodies. All 23 bonds issued pursuant to. this act shal1 be and constitute lcgal 24 inv"stmentll for st"te, county, municipal, and 1111 other public 25 funds and for ban!...s, savings banKs, insurance companies, 26 executors, administrators, trl1stees, and all other fiduciaries 27 and shall also be and constitute securities cligible as 28 col1ateral security for all state, county, municipal, or other 29 public funds, subject to the restrictions and limitiltions of .. 30 chapters 18, 126, 237, 518, 655, 657, 658 and 660 through 665. 31 25 C. -:.,. ....-- toOK 110 W~ 769 ~ , r~ aOOK 110 PAGt 770 " ~, SECTION 17. Bonds As Payment For Services. The District is 2 authorized to enter into agreements for the delivery of any bonds 3 at one time or from time to time a5 full or partial payment for the services of any engineer or work done by any contractor who 5 may have been retained or hired or been ,,,,,arded a contract 6 for the construction of all or any part of the system; provided, 7 however, that any such bonds so delivcred ior payment of such 8 services or work performed shall have been authorized and issued 9 in the manner provided in this act and shall otherwlsc conform to 10 the provisions hereof. 11 12 SECTION 18. Contracts For Construction Of Improvements, Sealed 13 Bids. Al1 contracts let, awarded or entered into by the District 14 for the c{'nstruction, reconstruction or improvements to the 15 system or any part thereof, if the amount thereof shal1 exceed 16 ten thousand dollars ($10,000) shall be awarded only after 17 public advertisement and call for sealed bids therefor, in a 18 newspaper published and circulating in Collier County, such 19 advertltlment to be published at least once at least weeks 20 before the date set for the receipt of such bids. Such 21 advertisements for bids, in addition to the other necessary and 22 pertinent matters, shall state in general terms the nature and 23 description of-the improvement or improvements to be undertaken 24 and shall state that detailed plans and specifications for such 25 work are on file for inspection in the office of the District 26 Clerk and copies thereof snatl be furnished to any interested 27 party uron payment of ~'easonable charges to reimburse the 28 District for its expenses in providing such copies. The award 29 shall be made to the responsible and competent bidder or bidders 30 who shall offer to undertnke the improvements at tho 10west cost 31 to the District and such bidder or bidders shal1 be required to 26 ,..,~ ), e:::cIr r :' '1 file bond for the full and faithful performance of such work and 2 the execution of any such contract in such amount as the District 3 Board shall determine, and in all other respects the letting of 4 such construction contracts shall comply with applicable 5 provisions of the general laws relating to the letting of public 6 contracts. Nothing in this section shall be deemed to prevent 7 the District Board from hiring or retaining such consulting 8 engineers, attorneys, financial experts or other technicians as 9 it shall determine, in its discretion, or from undertaking any 10 construction work with its own resources, without any such public 11 advertisement. 12 13 SECTION 19. Special Assessments. The Board may provide for the 14 levy, collcction and enforcement of special assessments utilizing 15 any of the following methods and procedures or any combination 16 thereof: Chapter 153 Part II, Chapter 170, Chapter 173, or 17 Chapter 197.363, Florida Statutes; or the Board may adopt its own 18 method of procedures for the levy, col.lection and enforcement of 19 special assessments upon compliance with the notice and hearing 20 requirements set forth for the adoption of rates, fees and other 21 charges. The Board may contract with the Collier County Tax 22 Collector and/or District Clerk to collect ~uch special 23 assessments as may be levied by the District. 24 25 SECTION 20. Free Water And Sewer Services Prohibited. No free 26 water or sewer services ~ha~l "be rendered by the District and no 27 discrimination shal1 exist in the fees, rates and charges for 28 users of the same class. 29 ..., 30 Sf.CTION 21. System Dcvelopment Charges. 31 (1) The District is hereby empowered to levy and collect &OOK 110 p~r,t771 k-.. -==-'" .. i1 ,~ lk-..... 110w,~TI2 - 2 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 ! ~ water system development charges and/or sewer system development charges, for capital improvements and debt service on such capital improvements as hereinafter specified, within the boundaries of the District, under all of the following conditions: A. Whenever a property owner or his author~zed representative connects an existing structure to a system or portion thereof owned or operated by the District; or Whenever a property owner or his authorized representative applies for a buildin~ permit and prior to issuance of a building permit to alter an existing structure previously connected to a water B. c. system and/or sewer system owned or operated by the District, where such alteration increases the potential demand on the District's system(s); or Whenever a property owner or his authorized representative applies for a building permit and pr~or to issuance of a building permit to construct a structure on property which according to an adopted pIan is scheduled in the future to be connected to a system owned or operated by the Oistrict even though the property owner or his representative may receive interim water and/or interim sewer service from a source other than the District. If the structure on the property for which a syste;n development charge has been paid is not authorized to connect to the District's systemlsl within ten'years of the date of such payment, the property.ow"er holding legdl title at the end of D. 28 - - -===- 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 (:..... ..~ i .-',,1;' the ten-year period shall be eliglble for a refund of the system development charge without interest. The District shall notify the property owner of his eligibility for a refund by mailing notice to the property owner. Such notice shal1 be sent by certified or registered mail with return receipt requested. Any property owner eligiblc for a refund shall file written application with the Board for a refund .within ninety days of the date of mailing of the notice by the District .or such property owner shall be deemed to have waived any right to a refund, and the District shall be entitled to retain and apply the system development charge for capital water and sewer improvements. Failure to construct the structure for which a system development charge has been paid shall not constitute grounds for a refund, nor shall delay or failure to receive the mailed notice of eligibility for a refund toIl the ninety day time limit within which an application for refund must be filed. (2l All water system development charges shall be s~gregated from all other funds held by the District and placed in a special account. Except as otherwise provided by the resolution authorizing the issuance oi bonds or other opUgations of the District, this account shall not be transferred or used for any purpose other than capital improvements for raw water supplies, water facilities, treatment water transmission :"ains, storage facilities, pumping facilities, distribution lines and rel,Hed facilities ~OOK 29 110 w'~ 773 c::::Ir "0 .11l0K 110w.~714 . [;",,-..- 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 required to provide new connections by new customers 2 and for payment of debt service on public obligations 3 issued to finance any such capita 1 improvements. Capital improvements which are designed to benefit existing customers of the District shall not be paid 6 for with funds from this account. 7 (3) All sewer system development charges shall be segregated from all other funds held by the District and placed into a special account. Except as otherwise provided by the resolution authorizing the issuance of bonds or other obligations of the DiGtrict. this account shall not be trans ferred or used for any purpose other than capital improvements for sewage treatment and disposal facilities, sewage transmission facilities and rclated facilities required to provide new connectioLs by new customers and for payment of debt service on putlic obligations issued to finance any such capital improvements. Capital improvements which are designed to benefit ex~sting customers of the District shall not be paid for with funds from this account. (4) Water system development charges and sewer system development charges shall be reviewed at least annually by the Board to determine that the charges are equitable and proportionate to the current estimate of costs for providing'the capital improvements for which the charges are imposed. The initial schedule of system development charges shall be those already in c.:=r:~.....:. in tLt: ~i:;tric~ .A.I'::: iJ.r."j subdi~tricts ilS of the ~. effective date of this act. The Board may thereafter change or revise the schedule of system development 30 ) , tr::::3r - 2 3 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 c.......- - - .. ,"" .::' ,.., i1 ." .I charqes upon compliance with the notice and hearinq requirements set forth for the adoption of rates, fees and other charges, except tha t if such chanqell or revisions be made Ilubstantially pro rata as to all clas.es of services no hearing or notice shall be required. 151 The Board, in its discretion, may permit the owners of existing structures which connect to the District 's system to pay the system development chargers) on an installment basis with interest. In the event that system development charges ghall not be paid as and when due, any unpaid balance thereof and all interest accruing ..hereon shall be a lien on any parcel of property affected thereby. Such liens shall be superior and paramount to the interest on such parcel or property of any owner, lessee, tenant, mortgagee or other person except the lien of county taxes and shall be on a parity with the lien of any such county taxes. In the event that any such system development charge shall not be paid as and when due and shall be in default for thirty clays or more the unpaid balance thereof and all interest accrued thereon, together with attorneys fees and costs, may be recovered by the District in a civil action, and any such lien and accrued interest may be foreclosed or otherwise enforced by the D~s~rict by action or suit in equity as for the foreclosure of a mortgage on real property. (6 ) System development charges may be pledged to the payment of b~nds or other obligations of the District, ~ provided that the District has agreed in the resolution authorizing such bonds or other obligations that it aOOK 110 p/(,~ 775 c:::c:.r , , , aOOK 110 PA',~ 776 ?, c.- ..... ~. maintain net revenues, together with special assessment 2 proceeds and other revenues derived by the District, 3 exclusive of system development charges, equal to at leaat 100\ of the debt service on such bonds or 5 obligations. 6 (7) Nothing in this Act shall be construed to ir.validate water and sewer system development charges previously 8 levied and collected and pledged by the Board of County 9 Commissioners of Collier County under its pre-existing 10 implied authority to levy and col1oct and pledge such 11 charges; such charges being in the nature of impact 12 . fees are hereby ratified and confirmed. 13 (8) As an alternative to the provisions of the foregoing subsections (1) through (7), the District is empowered 14 15 to levy and collect water and/or sewer impact fees 16 within the boundaries of the District in the same 17 manner and to the same extent as counties. 18 19 SECTION 22. ~onveyance Of Property Without Consideration. Any 20 municipality, political subdivision, district or authority is 21 authorized to sell, lease, grant or convey any real or personal 22 property to the District and any such sale, grant, lease or 23 conveyance maybe made without formal consideration. 24 25 SECTION 23. District Approval Of Construction Of Water And 26 Sewage racilities, No sewage'disposal plant or other facilities 27 for the collection or ~reatment of sewage or any water treatment 28 plant or other facilities for the supply or distribution of 29 water, shal1 be constructed within the boundaries of the ". 30 District unless the District Board shall give its written 31 consent thereto and approve the plans and specifications there- 32 ~ , '" ? .., .. [:..~\~ - - , ',.....''""';.' ',~ . '.1 1 for I subject. however. to the terms and prov lS ions of any 2 resolution authorizing any bonds and agreements with bondholders. 3 SECTION 24. Construction Of Law. 5 (1) The provisions of this act shall be liberally construed 6 to effect its purposes and shall be deemed cumulativo, 7 supplemental and alternative authority for the exercise 8 of the powers provided herein. The exercise of the 9 powers provided in this 1.1'01 and the issuance of bonds 10 or other obligations hereunder shall not be subject to 11 the limitations or provisions of any other law or laws 12 except as expressly provided herein. In the event 0 f 13 any conflict between this act and any other applicable 14 law or laws providing cumulative, supplemental and/or 15 alternative authority to counties for the exercise of 16 the powers provided herei... the least restrictive in 17 favor of the District's powersshall apply. 18 (2) Nothing contained in this act shall be construed to 19 affect any actions taken or any contracts previously 20 entered into by the Board of County Commissioners of 21 Collier County for the provision of water and/or sewer 22 services within the boundaries of Collier County. 23 (3) If any section, sentence, clause, phrase, or word of 24 this act is for any reason held or declared to be 25 unconstitutional, inoperative or void, such holding or invalidity shall ool affect the remaining portions of 26 27 this act, and it shall be construed to have been the 28 legislative intent to pass this act without such 29 unconstitutional, invalid or inoperative part therein; 30 and the remainder of this act, after the exclusion of 31 such part or .parts, shall be deem~d and held to be MOK 11ll pV,t 7TI ~ "t~ . aODK 110 P~G( 778 [;... ~... - IIL,_ .. - , " -: valid as if such parts had not been included therein. 2 3 SECTION 25. Penalties And Enforcement. Penalties for a violation 4 of any provision of this act or any of the ord~nances, rules, 5 requlations or resolutions adopted pursuant to the authority of 6 this act shall be as provided for the violation of county 7 ordinanccfI. In addition, the District may seek enforcement of 8 this act and/~~ damages, plus costs and attorney's fees, for a 9 violation of thi~ act, or a violation of any of the ordinances, ,(0 rules, regulation. or resolutions adopted pursuant to the 11 authority of this act, in any court Of competent jurisdiction. 12 13 SECTION 26. Effective Date. This act shall take effect upon 14 becoming a law. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 \. 30 31 34 - - -==-- '; \ ~()