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Ordinance 98-045 ORDINANCE NO. 98- 4,_,~5 AN ORDINANCE OF COLLIER COUNYY, FLORIDA RELATING TO CAPITAL IMPROVEMENTS AND RELATED SERVICES PROVIDING A SPECIAL BENEFIT TO LOCAL AREAS WITHIN COLLIER COUNTY, FLORIDA; PROVIDING DEFINITIONS AND FINDINGS; PROVIDING FOR TITLE AND CITATION; PROVIDING FOR THE CREATION OF MUNICIPAL SERVICE BENEFIT UNITS; AUTHORIZING THE IMPOSITION AND COLLECTION OF SPECIAL ASSESSMENTS TO FUND THE COST OF CAPITAL IMPROVEMENTS AND RELATED SERVICES PROVIDING A SPECIAL BENEFIT TO LOCAL AREAS WITHIN COLLIER COUNTY; PROVIDING FOR THE OPTIONAL AND MANDATORY PREPAYMENT OF ASSESSMENTS; ESTABLISHING PROCEDURES FOR NOTICE AND ADOPTION OF ASSESSMENT ROLLS AND FOR CORRECTION OF ERRORS AND OMISSIONS; PROVIDING THAT ASSESSMENTS CONSTITUTE A LIEN ON ASSESSED PROPERTY UPON ADOPTION OF THE ASSESSMENT ROLLS; ESTABLISHING PROCEDURES AND METHODS FOR COLLECTION OF ASSESSMENTS, INCLUDING ASSESSMENTS IMPOSED ON GOVERNMENT PROPERTY; AUTHORIZING THE ISSUANCE OF OBLIGATIONS SECURED BY ASSESSMENTS; PROVIDING FOR VARIOUS RIGHTS AND REMEDIES OF THE HOLDERS OF SUCH OBLIGATIONS; PROVIDING THAT SUCH OBLIGATIONS WILL NOT CREATE A GENERAL DEBT OR OBLIGATION OF THE COUNTY; PROVIDING FOR EFFECT ON ORDINANCE NO.. 88-23, AS AMENDED; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY TtIE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: ARTICLE I INTRODUCTION SECTION 1.01. DEFINITIONS. When used in this Ordinance, the following terms shall have the following meanings, u,fiess the context clearly requires otherwise: "Annual Assessment Resolution" means the resolution described in Section 3.07 hereof, approving an Assessment Roll for a specific Fiscal Year. "Assessment" means a special assessment imposed by the County pursuant to this Ordinance to fund the Project Cost of Local Improvements or the Operating Cost of Related Services. "Assessment Roll" means the special assessment roll relating to Local Improvements or Related Services, appmvcd by a Final Assessment Resolution pursuant Io Section 3.06 hereof or an Annual Assessment P, csolution pursuant to Section 3.07 hereof. '*Assessment Unit" means the unit or criteria utilized to determine the Assessment for each parcel of property, as set forth in the Initial Assessment Resolution. "Assessment Units" may include, by way of example only and not limitation, one or a combination of the following: front footage, platted lots or parcels of record, land area, impwvemcnt area, equivalent residential connections, permitted land use, trip gencratlon rates, fights to future hip generation capacity under applicable concurrency management regulations, property value or any other physical characteristic or reasonably expected use of the propcity that is r~latcd to the Local Impwvcmcnt or Related Service to be funded from proceeds of the Assessment. "Board'* means the Board of County Commissioners of Collier County, Florida. "Capital Cost*' means all or any potlion of the expenses that are pwpcrly attributable to the acquisition, design, construction, installation, reconstruction, renewal or replacement (including demolition, environmental mitigation and rclocation) of Local Impwvements and imposition of ~e related Assessments under generally accepted accounting principles; and including reimbursement to the County for any funds advanced for Capital Cost and interest on any interfund or intmfund loan for such purposes. "Clerk" shall mean the Clerk of the Circuit Court for the County, ex-officio Clerk of the Board, or such other person as may be duly authorized to act on such person's behalf. "County" means Collier County, Florida. "County Administrator' means the chief administrative officer of the County, designated by flxe Board to be responsible for coordinating Assessments, or such person's designco. "Final Assessment Resolution" means the resolution described in Section 3.06 hereof. which shall confu'm, modify or repeal the Initial Assessment Resolution and which shall be the final proceeding for the imposition of an Assessment. 2 "FIscal Year" means the period commencing on October I of each year and continuing tlu'ough the next succeeding September 30, or such other period es may be prescribed by law as the fiscal year for the County, "Government Property" means property owned by the United States or Amedca, the State ofFlot'ida, a county, a special district, a municipal corporation, or any of their respective agencies or political subdivisions. "Initial Assessment Resolution" means the resolution described in Section 3.02 hereof, which shall be the initial proceeding for the imposition of an Assessment. "Local Improvement" means a capital impwvem~nt constructed or installed by the County for the special benefit of a neighborhood or other local area. 'M SBU" means any of the municipal service benefit units created by resolution of the Board pursuant to Section 2.01 hereof, that specially benefit from a Local Impwvement or Related Service. , Obligations" means bonds or other evidence of indebtedness including but not limited to, notes, commercial paper, capital leases or any other obligation issued or incurred to finance any portion of the Pwject Cost of Local Impwvements and secured, in whole or in part, by proceeds of the Assessments. "Operating Cost" means all or any portion of the exp~nses that are pwperly attributable to Related Services under generally accepted accounting principles, including, without limiting the generality of the foregoing, reimbursement to the County for any funds aryancod for Related Services, and interest on any interfund or intrafund loan for such purpose. "Ordinance" ~neans this Capital Project Assessment Ordinance. "Pledged Revenue" means, as to any seri~ of Obligations, (A) the proceeds of such Obligations, including investment earnings, (B) proceeds ofthe Assessments pledged to secure the payment of such Obligations, and (C) any other legally available non-ad valorera revenue pledged, at the Board's sole option, to secure the payment of such Obligations, as specified by the ordinance and resolution authorizing such Obligations. "Project Cost" means (A) the Capital Cost of a Local Improvement, (B) the Transaction Cost associated with the Obligations which financed the Local Improvement, (C) interest accruing 3 on such Obligations for such period of time as the County deems appropriate, (D) the debt service reserve fund or account, if any, established for the Obligations which financed the Local Improvement, and (E) any other costs or expenses related thereto. "Property Appraiser" means the Collier County Property Appraiser. "Related Service" means the operation and maintenance of a Local Improvement. "Resolution of Intent" means the resolution expressing the Board's intent to collect Assessments on the ad valorera tax bill required by the Uniform Assessment Collection Act. "Tax Collector" means the Collier County Tax Collector. "Tax Roll" means the real property ad valor~n tax assessment roll maintained by the Property Appraiser for the purpose of the levy and collection ofad valorera taxes. "Transaction Cost" means the costs, fees and expenses incurred by the County in connection with the issuance and sale of any series of Obligations, including but not limited to (A) rating agency and other financing fees; (El) the fees and disbursements of bond counsel; (C) the underwriters' discount; (D) the f~..,s and disbursements ofthe Conntis financial advisor;, (E) the costs of preparing and printing the Obligations, the preliminary official statement, the final official statement, and all other documentation supporting issuance offfic Obligations; (F) the fees payable in respect of any municipal bond insurance policy; (G) administrative, development, credit review, and all other fees associated with any pooled commercial paper or similar interim t'mancing pingrim; and (G) any other costs of a similar nature incun.xl in connection with issuance of such Obligations. "Uniform Assessment Collection Act" means Sections 197.3632 and 197.3635, Florida Statutes, or any successor statutes authorizing the collection ofnon-ad valorera assessments on the same bill as ad valorera taxes, and any applicable regulations promulgated thereunder. SECTION 1.0l, INTERPRETATION; TITLE AND CITATION, (A) Unless the context indicates otherwise, words importing the singular number include the plural number and vice versa; the terms "hereof," "hereby," "henin," "her~-to," "hen:under" and similar terms refer to this Ordinance; and the term "herraRer" means Lfter, and the term "hen:~ofore" means before, the effective date of this Ordinance. Words of sny gender include the correlative words of the other gender, unless the sense indicates otherwise. 4 (B) This Ordinance, being necessary for the welfar~ of the inhabitants of the County, particularly the owners of property located within the MSBUs, shall be liberally construed to effect the purposes hereof. (C) This Ordinance shall be known and cited as the "Capital Project Assessment Ordinance." SECTION 1.03. GENERAL FINDINGS. It is hereby ascertained, determined and declar~ that: (A) Article VIII, Section I ofthe Florida Constitution and Sections 125.01 and 125.66, Florida Statutes, grant to the Board all powers of local self-govemmcnt to perform County functions and to render services for County purposes in a marmen' not inconsistent with general or special law, and such power may be exercised by the enactment of County ordinances. (13) In addition to its powers of self-government, the Board is authorized by Sections 125.01(1)(q) and (r), Florida Statutes, to establish municipal service benefit units for all or any part of the unincorporated area within the County, or within the municipal boundaries o fan incorporated area upon consent of tho governing body of the affected municipality, to provide water, sewer, streets and other essential facilities. (C) The Assessments imposed pursuant to this Ordinance will be imposed by the Board, not the Property Appraiser or Tax Collector. Any activity of the Property Appraiser or Tax Collector under the provisions of this Ordinance shall be construed solely as ministerial. ARTICLE II MUNICIPAL SERVICE BENEFIT UNITS SECTION 2.0'1. CREATION OF MUNICIPAL SERVICE BENEFIT UNITS. The Board is hereby authorized to ctzate municipal service benefit units in accordance with the proccduru set forth heroin to include property located within the unincorporated area of the County and such property situated within a municipality as to which consent is received by such municipality as provided in Section 125.01 (1) (q), Florida Statutes, Each MSBU shall cncompasa only that propaty specially bene~ted by the I.,oeal Improvements and Related Services proposed for funding from the proceeds of Assessments to be imposed therein. Either the Initial Assessment Resolution proposing each MSBU or the Final Assessment Resolution creating each MSBU shall include brief descriptions of the pwposed Local Improvements and Related Services, a description of the property to be included within the MSBU, and specific legislative findings that recognize the special benefit to be provided by each proposed Local Improvement and Related Service to pwperty within the MSBU. SECTION :l.02. LANDOWNER PETITION PROCESS. At its option, the Board may e~tablish a process pursuant to which the owners or property may petition for creation of an MSBU to fund Local Improvements and Related ,¢;erviees. Notwithstanding any petition process established pursuant to this Section 2.02, the Board shall retain the authority to ereate MSBUs without a landowner petition. ARTICLE Ill ASSESSMENTS SECTION 3.01. AUTHORITY. The Board is hereby authorized to impose Assessments against property located within an MSBU to fund the Project Cost and Related Services of Local Improvements. The Assessment shall be computed in a manner that fairly and reasonably apportions the Project Cost among the parcels of property within the MSBU, based upon objectively determinable Assessment Units. SECTION 3.0:l. INITIAL ASSESSMENT RESOLUTION. The initial proceeding for creation of an MSBU and imposition of an Assessment shall be the Board's adoption ofan Initial Assessment Resolution. The Initial Assessment Resolution shall (A) describe the property to be located within the proposed MSBU; (B) describe the Local Improvement and Related Service proposed for funding from proceeds of the Assessments; (C) estimate the Capital Cost, Project Cost and Operating Cost; (D) describe with particularity the p. wposed method of apportioning the Capital Cost, Project Cost and OpentinS Cost among the parcels of property located within the proposed MSBU, such that the owner of any parcel of property can objectively determine the number of Assessment Units and the amount of the Assessment; 0!) describe the provisions, if any, for aecelention and prepayment of the Assessment; (G) describe the provisions, if any, for reallocating the Assessment upon future subdivision; and (H) include specific legislative findings that recognize the fairness provided by the apportionment methodology. 6 SECTION 3.03. ASSESSMENT ROLL (A) The County Administrator shall prepare a preliminary Assessment Roll that contains the following information: (i) a summary description ofeach parcel of property (conforming to the description contained on the Tax Roll) subject to the Assessment; (2) the name of the owner of record ofeach parcel, as shown on the Tax Roll; (3) the number of Asscssment Units attributable to each pomel; (4) the estimated maximum annual Assessment to become due in any Fiscal Year for each Assessment Unit; and (5) the estimated maximum annual Assessment to become due in any Fiscal Year for each parcel. (B) Copies of the Initial Assessment Resolution and the preliminary Assessment Roll shall be on file in the office of the County Administrator and open to public inspection. The foregoing shall not be construed to rcxtuir~ that the Assessment Roll be in printed form if the amount of ~e Assessment for each parcel of property can be determined by use of a computer terminal available to the public. SECTION 3.04. NOTICE BY PUBLICATION. After filing ~e Assessment Roll in the office of the County Administntor, as m:luired by Section 3.03(B) boa'col, the County Administrator shall publish once in a newspaper of'general circulation within ~e County a notice stating that at a public he4tring of the Board will be held on a certain day and hour, not earlier than 20 calendar days from such publication, at which heating the Board will receive written comments and hear testimony 'from all interested persons regarding creation ofthe MSBU and adoption of the Final Assessment Resolution. The published nodc~ shall conform to ~e requirements set forth in the Uniform Assessment Collection Act. SECTION 3.05. NOTICE BY MAIL In addition to the published notice rcquinxl by Section 3.04, the County Administrator shall provide notice of the proposed Assessment by first classmailtotheownerofcachpatcclofpropertysubjecttotheAasesanenL The mailed notic~ shall conform to ~e requiz'cmenta set forth in the Uniform Assessment Col!~ction Act.. Notice shall be mailed at least 20 calendar days prior to the hearing to each propcRy owner at such address as is shown on the Tax Roll on the twentieth calendar day prior to the date of mailing. Notice shall be &cmexl mailed upon delivery thercof to the poss~,ssion of the U.S. Postal Service. The County Administrator may provide proof of such notice by aredavit. Failure of the owner to receive such notice due to mistake or inadvcrience shall not affect the val[dlty of the Assessmcrtt Roll nor release or discharge any obligation for the payment dan Assessment imposed by the Board pursunnt to this Ordinance. SECTION 3.06. ADOPTION OF FINAL RESOLUTION. At the time named in such notice, or such time to which an adjournment or continuance may be taken, the Board shall receive written objections and hear testimony of interested persons and may then, or at any subsequent meeting of the Board, adopt the Final Assessment Resolution which shall (A) create the MSBU; (B) confirm, modify or repeal the Initial Assessment Resolution with such amendments, if any, as may be deemed appwpriate by the Board; (C) establish the maximum amount of the Assessment for each Assessment Unit; (D) approve the Assessment Roll, with such amendments as it deems just and right; and (E) determine the method of collection. Following adoption ofthe Final Assessment Resolution but prior to the date on which the Assessment Roll is certified for collectinn pursuant to Article IV hereof, the Board may obtain a written legal opinion that the Assessments have been validly imposed from the Office of the County Attorney, an attorney-at-law or firm of attorneys of rccol~ni, zed standing in matters pertaining to local government law; provided however, that the failure to obtain such opinion shall not invalidate the Assessments or affect the factual findings made by the Board in connection therewith. SECTION 3.07. ANNUAL ASSESSMENT RESOLUTION. During its budget adoption process, the Board shall adopt an Annual Assessment Resolution for each Fiscal Year in which Asscssrnents will bc imposed to approve the Assessment Roll for such Fiscal Year. The Final Assessment Resolution shall constitute the Annual Assessment Resolution for the initial Fiscal Year. The Assessment Roll shall be prepared in accordance with the Initial Assessment Resolution, u confirmed or amended by the Final Assessment Resolution. If the pwposed Assessment for any parcel of property exceeds the maximum mount established in the notice provided pursuant Section 3.05 hereof or if an Assessment is imposed against propaty not previously subject thcroto, the Board 8 shall provide notice to the owner of such property in accordance with Sections 3.04 and 3.05 hereof and conduct a public hearing prior to adoption of the Annual Assessment Resolution. Failure to adopt an Annual Assessment Resolution during the budget adoption pwcess for a Fiscal Year may be cur~l at any time. SECTION 3.08. EFFECT OF ASSESSMENT RESOLUTIONS. The adoption of the Final Assessment Resolution shall be the final adjudication of the issues presented (including, but not limited to, the apportionment methodology, the rate of assessment, the adoption of the Assessment Roll and the levy and lien of the Assessments), unless pwper steps are initiated in a court ofcompctent jurisdiction to secure reliefwithln 20 days fwm the date of Board adoption of the Final Assessment Resolution. The Assessments for each Fiscal Year shall be established upon adoption of the Annual Assessment Resolution. The Assessment Roll, as appwved by the Annual Assessment Resolution, shall be certified to the Tax Collector, or such other official as the Board by resolution deems appropriate. SECTION 3.09.' LIEN OF ASSESSMENTS. {A) Upon adoption of the Annual Assessment Resolution for each Fiscal Year, Assessments to be collected under the Uniform Assessment Collection Act shall constitute a lien against assessed property equal in rank and dignity with the liens of all state, county, district or municipal taxes and other non-ad valorera assessments. Except as otherwise pwvided by law, such lien shall be superior in dillairy to all other liens, titles and claims, until paid. The lien shall be deemed perfected upon. adoption by the Board of the Al'm. ual Assessment Resolution and shall attach to the properly included on the Assessment Roll as of the prior January l, the lien date for ad valor~m tax~s. (B) Upon adoption of the Final Assessment Resolution, Assessments to be collected under any alternative method of collection provided in Section 4.02 hereof shall constitute a lien against assessed property equal in rank and dignity with the liens of all state, county, district or municipal taxes and other non-at valorera assessments. Except as otherwise pwvided by law, such lien shall be superior in dignity to all other liens, titles and claims, until paid. The lien shall be deemed perfected on the date notice thereof is recorded in the Official Records of Collier County, Florida. 9 SECTION 3.10. REVISIONS TO ASSESSMENTS. If any Assessment made under the pwvlsions of this Ordinance is either in whole or in part annulled, vacated or set aside by the judgment of any court, or if the Board is satisfied that any such Assessment is so irregular or defective that the same cannot bc enforced or collected, or if the Board has failed to include any property on the Assessrocnt Roll which property should have been so included, the Board may take all necessary steps to iropose a new Asscasrocnt against any property benefited by the Local Iroprovcrocnt or Related Service, following as nearly as may be practicable, the provisions of this Ordinance and in case such second Assessment is annulled, the Board may obtain and impose other Assessments until a valid Assessrocnt is iroposcd. SECTION 3.11. PROCEDURAL IRREGULARITIES. Any irregularity in the proceedings in connection with the levy of any Asscssrocnt under the provisions of this Ordinance shall not affect the validity of the same after the approval thereof, and any Assessrocnt as finally approvcd shall bc coropctcnt and sufficient evidence that such Assessment was duly Icyled, that the Assessment was duly roactc and adopted, and that all other procecxiings adequate to such Asscssroent were duly had, taken and performed as required by this Ordinance; mid no variance from the directions hereunder shall bc held roatcrial unless it be clearly shown that the party objecting was roatcrially injttred thereby. Notwithstanding ~c pwvisions of this Section 3.1 I, any party objecting to an Assessment iroposcd pursuant to this Ordinance must file an objection with a court of coropctcnt jurisdiction within the tiroc periods prescribed hcrein. SECTION 3.12, CORRECTION OF ERRORS AND OMISSIONS. (A) No act of error or oroission on the part of the Board, County Administrator, Pwpcrty Appraiser, Tax Collector, Clerk, or their respective deputies or eroployces, shall operate to release or discharge any obligation for payment of any Assessment imposed by the Board under the provisions of this Ordinance. (B) The number of Assessment Units attributed to a parcel of property may be corrected at any time by the County Administntor. Any such correction which reduces an Assessrocnt shall bc considered valid froro the date on which the Asscssrocnt was iroposed and shall in no way affect the enforcement of the Assessment imposed under the provisions of this Ordinance. Any such correction which increases an Asscsamcnt or imposes an assessment on omitted property shall first 10 require notice to the affected owner in the manner described in Section 3.05 hereof, providing the date, time and place that the Board will consider confirming the cometion and offering the owner an opporlunity to be heard. (C) After the Assessment Roll has been delivered to the Tax Collector in accordance with the Uni form Assessment Collection Act, any change, modi floations or corrections thereto shall be made in accordance with the procedures applicable to errors and insolvencies for ad valoren~ taxes. ARTICLE IV COLLECTION OF ASSESSMENTS SECTION 4.01. METHOD OF COLLECTION. Unless directed othemise by the Board, Assessments (other than Assessments imposed against Government Property) shall be collected pursuant to the Uniform Assessment Collection Act, and the County shall comply with all applicable provisions thereof. The Resolution of Intent required by the Uniform Assessment Collection Act may be adopted either prior to or following the Initial Assessment Resolution; provided however, that the Resolution oflntent must be adopted prior to January I (or March I with consent of the Property Appraiser and Tax Collector) of the year in which the Assessments arc first collected on the ad valorera tax bill. Any hearing or notice required by this Ordinance may be combined with any other hearing or notice required by the Uniform Assessment Collection Act. SECTION 4.02. ALTERNATIVE METHOD OF COLLECTION. In lieu of using the Uniform Assessment Collection Act, the County may elect to collect the Assessment by any other method which is authorized by law or provided by this Section 4.02 as follows: (A) The County shall provide Assessment bills by first class mail to the owner of each affected parcel ofpwpcrty, other than Government Pwpcrty. The bill or accompanying explanatory material shall include (l) a brief explanation of the Assessment, (2) a description of the Assessment Units used to determine the mount of the Assessment, (3) the number of Asscasment Units attributable to the parcel, (4) the total mount of the pnrccl's Aasessmcnt for the appropriate period, (5) the location at which payment will be accepted, (6) the date on which the Assessment is due, and (7) a statement that the Assessment constitutes a lien against messed property equal in rank and dignity with the liens of all state, county, district or municipal taxes and other non-ad valorera II (B) A general notice of the lien resulting from imposition of the Assessments shall be recorded in the Official Records of Collier County, Florida. Nothing hereln shall be construed to require that individual liens or releases be filed in the Official Records, (C) The County shall have the right to appoint or retain an agent to foreclose and collect all delinquent Assessments in the manner provided by law. An Assessment shall become delinquent if it is not paid within 30 days from the duc date, The County or its agent shall notify any property owner who is dellnqucnt in payment of an Assessment within 60 days from the date such Assessment was due. Such notice shall state in effect that the County or its agent will initiate a foreclosure action and cause the foreclosure of such property subject to a delinquent Assessment in a method now or hereafter provided by law for foreclosure of mortgages on real estate, or otherwise as provided by law. (D) All costs, fees and expenses, including reasonable attorney fccs and title search expcrmcs, related to any foreclosure action as described heroin shall bc included in any judgment or decree rendered therein. 'At the sale pursuant to decree in any such action, the County may bc the purchaser to the same extent as an individual person or corporation. The County may join in one foreclosure action the collection of Assessments against any or all pwpcrty assessed in accordance with the provisions hereof. All delinquent property ownera whose property is foreclosed shall be liable for an apportioned amount of reasonable costs and expenses incurred by the County and its agents, including reasonable attorney fees, in collection of such delinquent Assessments and any other costs incurred by the County as a result of such delinquent Assessments including, but not limited to, costs paid for draws on a credit facility and the same shall be collectible as a part ofor in addition to, the costs of the acdon. (E) In lieu of foreclosure, any delinquent Assessment and the costs, fees and expenses attributable thereto, may be collected pursuant to the Uniform Assessment Collection Act; provided however, that (l) nodce is provided to the owner in the manner required by law and this Ordinance, and (2) any existing lien of record on the affected parcel for the delinquent Assessment is supplanted by the lien resulting from certification of the Assessment Roll to the Tax Collector. SEC'rlON 4.03. RESPONSIBILITY FOR ENFORCEMENT. The County and its agent, if any, shall maintain the duty to enforce the pwmpt collection of Assessments by the means 12 pmvidai herein. The duties related to collection of Assessments may be enforced at the suit of any holder of Obligations in a court of competent jurisdiction by mandamus or other appropriate proceedings or actions. SECTION 4.04. GOVERNMENT PROPERTY. (A) If Assessments arc imposed against Government Property, the County shall provide Assessment bills by tirst class mail to the owner of each affected parcel of (3overnment Property. The bill or accompanying explanatory matedHal shall include (1) a brief explanation of the Assessment, (2) a description of the Assessment Units used to determine the amount of the Assessment, (3) the number of Assessment Units at~butablc to the parcel, (4) the total amount of the parcel's Assessment for the appropriate period, (5) the location at which payment will be accepted, and (iS) the date on which the Assessment is due. ('B) Assessments imposed against Governmental Propen'y shall be due on the same date as Assessments against other property within the MSBU and, if applicable, shall be subject to the same discounts for early payment. (C) An Assessment shall become delinquent if it is not paid within 30 days from the due date. The County shall notify the owner of any Government Pwperty that is delinquent in payment of its Assessment within 60 days from the date such Assessment was due. Such notice shall state in effect that the County will initiate a mandsmus or other appwpriate judicial action to compel payment. (D) All costs, fees and expenses, including reasonable attorney fees and title search expenses, related to any mandamus or other action as described herein shall be included in any judgment or decree rendered therein. All delinquent ownas of Government Property against which a manHumus or other appropriate action is filed shall be liable for an apportioned amount of reasonable costs and expenses incurred by the County, including reasonable attorney fees, in collection of such delinquent Assessments and any other costs incurred by the County as a result of such delinquent Assessments including, but not limited to, costs paid for draws on a credit facility and the same shall be collectible as a part of or in addition to, the costs of the action. 13 (E) As an alternative to the Foregoing, an Assessment imposed against Government Property may be collected on the bill For any utility service provided to such Governmental Property. The Board may contract for such billing services with any utility prorider. ARTICLE V ISSUANCE OF OBLIGATIONS SEC"FION S.01. GENERAL AUTHORITY. (A) Upon adoption of the Final Assessment Resolution imposing Assessments to fund a Local Improvement or at any time thereafter, the Board shall have the power and is hereby authorized to provide by resolution, at one time or from time to time in series, for the issuance of Obligations to fund the Pwject Cost thereof. (B) The principal of and interest on each series of Obligations shall be payable from Pledged Revenue. At the option of the Board, the County may agree, by resolution, to budget and appwpriate funds to mako up any deficiency in the reserve account established for the Obligations or in the payment of the Obligations, from other non-ad valorera revenue sources. The Board may also pwvide, by ruolution, for a pledge ofor lien upon proceeds of such non-ad valorera revenue sources for the benefit of the holders of the Obligations. Any such resolution shall determine the nature and extent of any pledge of or llen upon proceeds of such non-ad valorera revenue sources. SECTION 5.02. TERMS OF THE OBLIGATIONS. The Obligations shall be dated, shall bear interest at such rate or rates, shall mature at such times as may be determined by resolution of the Board, and may be made redeemable before maturity, at the option of the County, at such price or prices and under such terms and conditions, all as may be fixed by the Board. Said Obligations shall mature not later than 40 years after their issuance. The Board shall determine by resolution the form of the Obligations, the manner of executing such Obligations, and shall fix the denominations of such Obligations, the place or places of payment of the principal and interest, which may be at any bank or trust company within or outside of the State of Florida, and such othe~ terms and provisions of the Obligations as it deems appwpriate. The Obligations may be sold at public or private sale for such price or prices as the Board shall alefamine by ruolution. The Obligations may be delivered to any contractor to pay for construction of the Local Improvements 14 or may be sold in such manner and for such price as the Board may determine by resolution to bc for the best interests of the County. SECTION 5.03. VARIABLE RATE OBLICATIOINS. At the option ofthe Board, Obligations may bear interest at a variable rate. SECTION 5.04. TEMPORARY OBLIGATIONS, Prior to the preparation or definitive Obligations of any series, the Board may, under like rutrictlons, issue interim receipts, interim certificates, or temporary Obligations, exchangeable for definitive Obligations when such Oblixaations have been executed and arc available for delivery. The Board may also provide for the replacement of any Obligations which shall become mutilated, destroyed or lost. Obligations may be issued without any other proceedinKs or the happening of any other conditions or things than those pwceedings, conditions or things which are specifically requh'cd by this Ordinance. SECTION 5.05. ANTICIPATION NOTES. In anticipation of the sale of Obligations, the Board may, by resolution, issue notes and may renew the same from time to time. Such notes may be paid from the proceeds of the Obligations, the proceeds of the Assessments, the proceeds of the notes and such other legally available moneys as the Board deems appwpriate by resolution. Said notes shall mature within five years of their issuance and shall bear interest at a rate not exceeding the maximum rate provided by law. The Board may issue Obligations or renewal notes to repay the notes. The notes shall be issued in the same manner as the Obligations. SECTION 5.06. TAXING POWER NOT PLEDGED. Obligations issued under the provisions of this Ordinance shall not be deemed to constitute a general obligation or pledge of the full faith and credit ofthe County vAtbin the meaning ofthe Constitution of the State of Florida, but such Obligations shall bc payable only from Pledged Revenue in the manner provided heroin and by the resolution authorizing the Obligations. The issuance of Obligations under thc pwvisions of this Ordinance shall not direc~y or indirectly obligate the County to levy or to pledge any form of ad valoran taxation whatever therefor. No holder of any such Obfiga~ons shall ever have the dF, ht to compel any exercise of the ad valoran taxing power on the part of the County to pay any such ObliB~ons or the interest thereon or to enforce payment of such Obligations or the interest thereon against any property of the County, nor shall such ObllZations constitute a chatle, lien or cncumbrance~ ic~al or equitable, upon any property of the County, except the Pledged Revenue. 15 SECI'ION S.07. TRUST FUNDS. The Pledged Revenue received pursuant to the authority of this Ordinance shall be deemed to be trust funds, to be held and applied solely as provided in this Ordinance and in the resolution authorizing issuance nf the Obligations. Such Pledged Revenue may be invested by the County, or its designee, in the manner provided by the resolution authorizing issuance of the Obligations. The Pledged Revenue upon receipt thereof by the County shall be subject to the lien and pledge of the holders of any Obligations or any entity other than the County providing credit enhancement on the Obligations. SECTION 5.08. REMEDIES OF HOLDERS. Any holder of Obligations, except to the extent the rights heroin given may be restricted by the resolution authorizing issuance of the Obligations, may, whether at law or in equity, by suit, action, mandamns or other pwceedings, pwtect and enforce any and all rights under the laws of the State of Florida or granted hereunder or under such resolution, and may enforce and compel the performance of all duties required by this part, or by such resolution, to be performed by the County. SECTION S.09., REFUNDING OBLIGATIONS. The County may, by resolution of the Board, issue Obligations to refund any Obligations issued pursuant to this Ordinance, or any other obligations of the County theretofore issued to finance the Project Cost of a Local Improvement, and provide for the rights of the holders hereof. Such refunding Obligations may be issued in an mount sufficient to pwvide for the payment of the principal of, redemption premium, if any, and interest on the outstanding Obligations to be refunded. If the issuance ofsuch refunding Obligations results in an annual Assessment that exceeds the estimated maxima annual Assessments set forth in the notice provided pursuant to Section 3.05 ha~of, the Board shall provide notice to the affected pwperty owners and conduct a public hearing in the manner required by Article III of this Ordinance. ARTICLE Vi GENERAL PROVISIONS SECTION 6.01. ALTERNATIVE METHOD. This Ordinance shall be deemed to provide an additional and alternative method for the imposition and collection of Assessments and shall be regarded ss supplemental and additional to powers confared by other laws, and shall not 15 be regarded as in derogation of any powers now existing or which may hereafter come into existence. SECTION 6.02. EFFECT ON ORDINANCE NO, 88-23, AS AMENDED, Ordinance No. 88-23, as amended by Ordinance No. 93-59, previously enacted by the Board, is hereby superceded by this Ordinance. Any fees, assessments, or other charges imposed pursuant to Ordinance No. 88-23, as amended, that are unpaid on the effective date ofthls Ordinance shall remain due and payable and shall be subject to enforcement and collection in the mariner provided in Ordinance No. 88-23, as amended, this Ordinance, or any other lawful means. SECTION 6.03. CONFLICT AND SEVERABILITY If any portion of this Ordinance is for any reason held or declared to be unconstitutional, inoperative or void, such holding shall not affect the remaining portions ofthis Ordinance. If this Ordinance or any provision thereof shall be held to be inapplicable to any person, property or circumstances, such holding shall not affect its applicability to any other person, pwperty or circumstances. SECTION 6.04. ' EFFECTIVE DATE, This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commlssionas of Collier · day of, __ ,~~ 1998. CA°l~f~T?,sf'~'' . BOARD OF COUNTY COMMISSIONERS DWIGHT B. BR..OCK, CLERK OF COLLIER COUNYY, FLORIDA This ordtnor~e f11ed with Se retory of Staro's Office the ~ o~ ':; ~n~ac~~'o,,,~ ,?,f that ~ ~ill received this ~ day STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE NO. 98-45 Which was adopted by the Board of County Commissioners on the 26th day of May, 1998, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 27th day of May, 1998.