Ordinance 88-023 ORDINANCE NO. 88-23
AN ORDINANCE RELATING TO THE UNINCORPORATED
AREA OF COLLIER COUNTY, FLORIDA: A~THORIZING
THE CONSTRUCTION OR ACQUISITION OF PROJECTS
WITHIN MUNICIPAL SERVICE BENEFIT UNITS WITHIN
THE COUNTY; AUTHORIZING THE LEVYING AND
COLLECTION OF SPECIAL ASSESSMENTS AND THE
ISSUANCE OF BONDS FOR THE PAYMENT OF COSTS
INCURRED IN PROVIDING THE PROJECTS WITHIN THE
BOUNDARIES OF SUCH UNITS; AUTHORIZING THE
ISSUANCE OF BONDS AT AN INTEREST RATE NOT TO
EXCEED THE MAXIMUM INTEREST RATE ALLOWED bY
LAW; ESTABLISHING THE INTER£ST RATE FOR
SPECIAL ASSESSMENTS; PROVIDING THAT SPECIAL
ASSESSMENTS MAY BE PREPAID UNDER CERTAIN
CONDITIONS~ SETTING FORTH THE FROCEDURES FOR
LEVYING AND COLLECTING SPECIAL ASSESSMENTS;
PROVIDING AN ALTERNATIVE METHOD OF COLLECTION
OF ASSESSMENTS; AND PROVIDING A~ .~FFECTIVE
DATE ·
WltEREAS, pursuant to Article VIII, Section 1, Florida
Constitution, and Sections 125.01 and 115.65, Florida Statutes,
the Board of County Commissioners of Collier County, Florida has
all powers of local self-government to perform county functions
and to render set;ices in a manner not inc~-nsistent with general
law and such power may be exercised by the enactment of county
ordinances~ and
WHEREAS, it is necessary for the public health, safety and
general welfare of Collier County and its citizens that provision
be made for the acquisition an4 construction of various essential
facilities and improvements, inc~uding, but not limited to,
facilities and improvements relating to beach erosion control,
recreation services, water, streets, sidewalks, stree~.lig~ing,
sewage collection and disposal, drainage, garbage collection and
transportation; and
WHEREAS, Section 125.01(1)(q), Florida S~atutes, grants the
board of county commissioners of a county the power to establish
a municipal service benefit unit for any part or all of the
unincorporated areas within its boundaries within which may be
provided essential facilities and impr6vements described above;
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COHMISSIONERS OF COLLIER COUNTY, FLORIDA:
SECTION 1. DEFINITIONS. As used in this Ordinance, the
following words and terms shall have the following meanings,
unless some other meaning is plainly intended:
"Approving Resolution" shall mean the resolution described
in subsection (D) of Section 4 hereof which shall approve the
plans, specifications, estimated Costs and Tentative Assessment
Roll and shall confirm or deny the Initial Resolution.
"Assessment Roll" shall mean the assessment roll as approved
by the Final Resolution.
"Board" shall mean the Board of County Commissioners of
Collier County, Florida.
~Bonds~ shall mean the bonds issued by the County pursuant
to resolution of the County, payable from the Pledged Revenues.
"Clerk" shall mean the Clerk of the Circuit Court of Collier
County, ex-officio Clerk of the Board, or his designee.
"Cost" or "Costs" shall mean, as applied to the acquisition
and construction of any Projects authorized by the Board, (A) the
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cost of physical construction, reconstruction or completion, (B)
the costs of acquisition or purchase, (C) the cost of all labor,
materials, machinery and equipment, (D) the cost of all lands and
interest therein, property rights, easements and franchises of
any nature whatsoever, (E) the cost of any indemnity or surety
bohds and premiums for insurance during construction, (F)
interest prior to and during construction and for such period of
time after co~pletion of the construction or acquisition of such
Projects as the Board deems appropriate, (G) amounts necessary to
pay redemption premiums for early retirement of Bonds or Notes,
(H) the creation of reserve or debt service funds, (I) costs and
expenses related to the issuance of Bonds or Notes or other
indebtedness related to the Project, all financing charges and
any expenses related to any liquidity facility or credit
facility, including interest on Bonds or Notes held by the issuer
of such liquidity facility or credit facility, (J) the cost of
construction plans and specifications, surveys and estimates of
costs, (K) the cost of engineering, financial, legal and other
consultant services, (L) the costs related to the collection of
Special Assessments, including any service charges of the Tax
Collector or Property Appraiser and amounts necessar~ to off-set
discounts received for early payment of Special Assessments
pursuant to applicable law, and (M) all other costs and exponses
properly attributable to such acquisition or construction and
such other expenses as may be necessary or incidental to
financings authorized by this Ordinance; and including
reimbursement of the County or any other person, firm or
corporation for any moneys advanced for any costs incurred by the
County or such person, firm or corporation kn connection with any
of the foregoing items of cost. Unless otherwise provided by
resolution of the Board, costs shall not include any of the costs
or expenses described above to the extent such costs or expenses
were incurred prior to the adoption by the Board of the
resolution authorizing the acquisition and construction of the
~elated Project.
"County" shall mean Collier County, Florida.
"County Engineer" shall mean such engineer or firm of
engineers as shall be retained by the County to perform the
responsibilities of the County Engineer as provided hereunder.
The County Engineer may be in the regular employment of the
County.
"County Manager" shall mean the Manager of the County, or
his designee.
'Final Resolution' shall mean the resolution described in
subsection (X) of Section 4 hereof which shall approve the
Assessment Rol~.
"Initial Resolution' shall mean the resolution described in
suDsection (A) of Section 4 hereof which shall he the initial
proceeding for levying and imposing Special Assessments.
'Notes' shall mean notes issued in anticipation of Bonds as
provided in Section 6 and subsection (F) of Section 4 hereof.
o .o
: ~Pledged Revenues" shall mean (A) the proceeds of the Bonds,
including investment earnings, (B) proceeds of the Special
Assessments as specified by the resolution autho=izing the Bonds,
and (C) any other non-ad valorem revenues or other legally
available moneys pledged by the County under the resolution
authorizing the Bonds.
~Preliminary Assessment Roll" s~all mean the preliminary
assessment roll prepared by the County Engineer as described in
subsection (G) of Section 4 hereof.
"Projects" shall mean the facilities and improvements which
the County may construct or acquire in a Unit pursuant to Section
125.01(q), Florida Statutes.
~Special Assessments" shall mean the special assessments
lawfully levied by the County in accordance with the terms of
this Ordinance against properties specially benefitted by the
acquisition and construction of the Projects.
~Tax Rolls" shall mean the real property assessment tax roll
maintained by the Property Appraiser of the County for the
purpose of the levy and collection of ad valorem taxes.
mTentative Assessment Ro11" shall mean the tentative
assessment roll prepared by the County Engineer as described in
subsection (B) of Section 4 hereof.
=Unit" shall mean the municipal service benefit units from
time to time created by the County.
~Unit Resolution~ shall mean the resolution described in
Section 2 hereof which shall establish a Unit.
SECTION 2. CREATION OF MUNICIPAL SERVICE BENEFIT UNITS.
(A) There is hereby authorized the creation and
establishment by subsequent resolution of the Board municipal
service benefit units in the County under the authority of
Section 125.01, Florida Statutes. The provisions of this
Ordinance shall, unless otherwise stated in the Unit Resolution,
apply to all Units hereinafter created in which Special
Assessments shall be levied by the County.
(B) The Board may determine to establish a Unit either by
its own initiative or pursuant to a petition of property owners
located in such Unit. Bach petition to establish a Unit must be
signed by a majority of the property owners within the proposed
Unit. The petition shall indicate the area to be included within
the proposed Unit and state the nature of the proposed Project.
The petition shall also state that the Project shall be
principally paid from Special Assessments. Bach petition shall
be provided to the Clerk who shall forward the petition to the
Property Appraiser of the County. The Property Appraiser shall
verify that the petition is duly signed by a majority of the
property owners within the proposed Unit. Subsequent to
verification, the Property Appraiser shall return the petition to
the Clerk. The qualified petition shall then be entered as a
Board agenda item. A petition to establish a Unit shall comply
with all other applicable County ordinances, resolutions and
regulations, unless otherwise waived by the Board.
(C) The Clerk shall publish, in a newspaper of general
circulation, published and circulating in the County, a notice
stating that at a meeting of the Board on a'certain day and hour,
not earlier than 15 calendar days from such publication
(e×cluding Saturdays, Sundays and legal holidays), whioh meeting
may be a regular, adjourned or special meeting, the Board will
hear objections of all interested persons to the establishment of
the Unit and will consider the adoption of the Unit Resolution
creating such Unit. Such notice shall also describe the area to
be encompassed by the proposed Unit, the nature of the Project to
be constructed or acquired within such Unit, the procedure of
objecting and such other information as the Board deems
appropriate to include in such notice. In addition to the
published notice described above, the Clerk shall mail a copy of
such notice by first class mail to each property owner in the
proposed Unit. Notice shall be mailed, at least 15 calendar days
prior to the hearing, to each property owner at such address as
is shown on the Tax Rolls. Notice shall be deemed mailed upon
delivery thereof to the possession of the U.S. Postal Service.
The failure of the Clerk to mail such notice shall not constitute
a valid objection to holding the hearing or the adoption of the
Unit Resolution as provided herein.
(D) All objections to the adoption of the Unit Resolution
creating the Unit shall be made in writing, and filed with the
Clerk at or before the time or adjourned time of such hearing.
Upon consideration of the objections and the Unit Resolution, the
Board shall consider the Unit Resolution with such amendments as
it deems appropriate or necessary. The adoption of the Unit
Resolution shall be the final adJudica~ion of the issues
presented thereby unless proper steps shall be initiated in a
court of competent Jurisdiction to secure relief within 20 days
from the date of Board action on the Unit Resolution.
(E) Any informality or irregularity in the proceedings in
connection with the creation of any Unit under the provisions of
this Ordinance shall not affect the validity thereof and such
Unit shall be deemed to be valid in all respects unless it be
clearly shown that the party objecting to the validity thereof
was materially injured by the creation of such Unit.
SECTION 3. POWERS. For the purpose of providing the
services and facilities described in this Ordinance within the
Units, the Board shall have the following authority and powers
within the Units=
(A) To acquire, improve and construct the Projects.
(B) To levy and collect Special Assessments or any portion
thereof in the manner provided in this Ordinance.
(C) To authorize and issue Bonds to finance the Cost of the
Projects payable from Pledged Revenues in the manner provided in
this Ordinance.
(D) To authorize and issue Notes to finance the Cos~ of the
Project payable from the moneys described in subsection (F) of
Section 4 hereof.
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(Z) To acquire in the name of the County, either by
purchase or the exercise cf the right of eminent domain by the
County, such lands and rights and interes~s and to acquire such
personal property as may be deemed necessary in connection with
the acquisition and construction of the Projects.
(F) To make and enter into all contracts add agreements
necessary or incidental to the performance of itc duti~ and the
execution of its powers under this Or6inance, and to employ such
consulting engineers, attorneys, accountants, construction and
financial experts, superintendents, managers and other employees,
contractors and agents as may, in the Judgment of the Board, be
deemed necessary or convenient and to fix their compensation.
(G) TO exercise any and all of the powers of the County not
enumerated above necessary or incidental for the purpose of
providing the services, improvements and benefits described
herein.
SECTION 4. LEVY AND PAYMI%TTOF SPECIAL ASSESSMENTS. The
Board may provide for the Cost of a Project by the levying in the
Unit in which the Project is located Special Assessments upon
benefitted property within the Unit at a rate of assessment based
on the special benefit accruing to such property from such
Project. Such Special Assessments shall be assessed in
conformity with the following Special Assessment procedure:
(A) The initial proceeding shall be the passage by the
Board of an Initial Resolution ordering the acquisition,
construction or reconstruction of assessable improvements
constituting an individual Project, indicating, in general, the
location (the location may be established by reference to
boundaries or a map or by reference to the'Unit) and description
of such improvements, which shall be sufficient to enable the
County Engineer to prepare the plans and specifications of such
improvements as described in subsection (B) of this Section 4.
The Initial Resolution shall also state the portion, if any, of
the Project to be paid by the County, the estimated Costs of the
Project, if available, and the method of assessment which may be
by frontage, acreage, square footage, parcel or any other
combination thereof or any other method deemed equitable by the
Board. The Initial Resolution may provide for alternative
improvements and method of assessment. The improvements
constituting the Project need not be contiguous and may be in
more than one locality or street. The Initial Resolution ordering
any such improvement may give any short and convenient
designation to each improvement ordered thereby. The Initial
Resolution may be adopted at the same meeting of the Board at
which the Unit Resolution is adopted.
(B)(i) As soon as possible after the passage of the Initial
Resolution the County Engineer shall prepare, or cause to be
prepared, in triplicate, plans, specifications and Cost estimates
for the improvements constituting the Project. The plans and
specifications need only be in sufficient form to enable the
County Engineer to estimate the Costs of the Project and prepare
a Tentative Assessment Ro11. If the Initial Resolution shall
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provide alternative improvements or method of assessment, such
plans, specifications and Cost estimates shall include an
estimate of the Costs of each such alternative.
(ii) The County Engineer shall also prepare, or cause to be
prepared, ~n triplicate, the Tentative Assessment Roll, which
Roll shall contain (a) a description of the lots and parcels of
real property within the Unit which, will benefit from such
'assessable improvements and the estimated amount of benefits to
each such lot or parcel of property, provided such lots and
parcels shall include the property of the County, and any school
district, special district, municipality or political
subdivision, (b) the name of the owner of record of each lot and
parcel as shown on the Tax Rolls, (c) the total estimated Cost of
the Project to each benefitted lot or parcel, and (d) the method
or alternative method of assessment utilized in determining the
Cost of the Project to be assessed to property owners, including
any formulas for dealing with irregular lots and any assumptions
of depth of the lots. Such Tentative Assessment Roll shall not
be held to limit or restrict the duties of the County Engineer in
the preparation of the Preliminary Assessment Roll under the
provision of subsection (G) of this Section 4.
(iii) One of the triplicates of such plans, specifications,
Cost estimates and the Tentative Assessment Roll shall be filed
with the Clerk, one shall be filed with the County Manager and
the other triplicate shall be retained by the County Engineer in
his files, all of which shall remain open to public inspection.
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(C) The Clerk, upon the filing with him of such plans,
specifications, Cost estimates and Tentative Assessment Roll,
shall publish once in a newspaper of general circulation,
published and circulating in the County, a notice stating that at
a meeting of the Board on a certain day and hour, not earlier
than 15 calendar days from such publication (excluding Saturdays,
Sundays and legal holidays), which memting shall be a regular,
adjourned or special meeting, the Board will hear objections of
all interested persons to the Approving Resolution which shall
approve the aforementioned plans, specifications, Cost estimates
and Tentative Assessment Roi1. Such notice shall state (i} in
brief and general terms a description of the applicable Project
with the location thereof (location may be established by
reference to boundaries or a map or by reference to the Unit),
(ii) the procedure for objecting provided in subsections (D) and
(E) of this Section 4, (iii) that plans, specifications, Cost
estimates and the Tentative Assessment Ro11, which shall include
the method or methods of assessment, are on file with the Clerk
and the County Manager and all interested persons may a~certain
the amount to be assessed against a lot or parcel of property at
the office of the Clerk, and (iv) in the event the alternative
method of collection of Special Assessments, as described in
Section 5 hereof, is utilized by the County, that such method may
result in the potential loss of title to property which is
assessed in the event of non-payment of the Special Assessments;
provided, however, the notice described in clause (iv) above
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maybe given at such other time as the Board deems appropriate.
In addition to the published notice described above, the Clerk
shall mail a copy of the notice by first class mail to each
property owner proposed to be assessed. Notice shall be mailed,
at least 15 calendar days prior to the hearing to each property
owner at such address as is shown on the Tax Rolls. }~otice shall
be deemed mailed upon delivery thereo~ to the possession of the
U.S. Postal Service. The failure of the Clerk to mail such
notice shall not constitute a valid objection to holding the
hearing as provided in this Section 4 or to any other action
taken under the authority of this Section 4. The Clerk may
provide proof of such notice by affidavit.
(D) At the time named in such notice, or to which an
adjournment may be taken by the Board, the Board shall receive
any objections of interested persons and may then or thereafter
adopt the Approving Resolution which shall (i) approve the
aforementioned plans, specifications, Cost estimates and
Tentative Assessment Roll, including method of assessment, with
such amendments as it deems Just and right, (ii) repeal or
confirm the initial Resolution with such amendments, if any, as
may be deemed appropriate by the Board, and (iii) if notice
described in subsection (C}(iv) of this Section 4 has been
provided to propez~cy owners, authorize or reject the alternative
method of collection of Special Assessments described in Section
5 hereof. Special Assessments shall be levied against all
property in the applicable Unit specially be;~efitted by the
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improvements. In the event 'khe Board established alternative
improvements or methods of assessment in the Initial Resolution,
the Board shall provide in the Approving Resolution the
description of improvement and method of assessment which shall
be utilized.
(E) All objections to the Approving Resolution shall be
made in writing, and filed with the Cierk at or before the time
or adjourned time of such hearing. Special Assessments shall be
established upon adoption of the Approving Resolution. The
adoption of the Approving Resolution shall be the final
adjudication of the issues presented (including, but not limited
to, the method of assessment, the Tentative Assessment Roll, the
plans and specifications, tbs estimated Cost of the Project, the
levy and lien of the Special Assessments, the interest rate the
Special Assessments shall bear, and the terms of prepayments of
the Special Assessments) unless proper steps shall bs initiated
in a court of competent Jurisdiction to secure relief within 20
days from the date of Board action on the Approving Resolution.
Notice of the lien of the Special Assessments shall be recorded
in the Official Records Book in the office of the Clerk. Such
notice shall provide in general the locations of the property
which are assessed and direct interested parties to the Tentative
Assessment Roll or Assessment Ro11, upon approval thereof. The
Tentative Assessment Ro11, as approved by the Approving
Resolution, shall be delivered to, and kept by, the Clerk or such
other official as the Board, by resolution, deems appropriate.
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(~) Whenever the Approving Resolution shall have been
adopted, as hereinabove provided, or at any time thereafter, the
Board may issue Bonds, the principal and interest of which shall
be payable from such Pledged Revenues as the Board deems
appropriate in the resolution authorizing the issuance of Bonds.
Said Bonds shall Mature not later than two years after the last
installment in which said Special Assessments may be paid, as
provided in Section 6 hereof, and shall bear interest at a race
not exceeding the maximum rate provided by law. In addition, the
Board may issue Notes, the principal and interest of which may be
payable from the proceeds of the Bonds, the proceeds of the
Special Assessments, the proceeds of the Notes and such other
legally available moneys as the Board deems appropriate. 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 Bonds to repay the Notes. The
proceeds of the Bonds and Notes, unless otherwise used to refund
Bonds or Notes, ehall be used to pay the Costs of the Projects.
(G) Within such period of time after the completion of the
acquisition or'construction of the Project as may be directed by
the County Manager (but In no event more than six months after
such completion of the Project), the County Engineer shall
prepare the Preliminary Assessment Roll and file the same with
the Clerk and the County Manager, which Roll shall contain the
following=
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(i) A description of lots and parcels of land or land
within the Unit which will benefit from such assessable
improvements constituting the Project an~ the amount of such
benefits to each such lot or parcel of land. Such lots and
parcels shall include the property of the County and any school
district, municipality, special district or other political
subdivision. There shall also be given the name of the owner of
record of each lot or parcel as shown on the Tax Rolls.
(ii) The total Cost of the improvement to each benefited lot
or parcel.
(iii) The method of assessment utilized in determining the
Cost of improvements to be assessed to property ovn~ers, including
any formulas for dealing with irregular lots, and any assumptions
of depth of lots.
(H) The Preliminary Assessment Roll shall be advisory only
and shall be subject to the ac=ion of the Board as hereinafter
provided. Subsequent to the filing with the Clerk of the
Preliminary Assessment Ro11, the Clerk shall publish at least
once in a newspaper of general circulation, published and
circulating in the County, a notice stating that at a meeting of
the Board to be held on a certain day and hour, not earlier than
15 calendar days from publication (excluding Saturdays, Sundays
and legal holidays), which meeting may be a reqular, adjourned or
special meeting, all interested persons may appear and file
written objections to the approval of the Preliminary Assessment
Roll. Such notice shall describe in general terms the assessable
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improvements and the location thereof (location may be
established by reference to boundaries or a map or by reference
to the Unit}, and advise all persons interested that the
description of each property to be assessed and the amount to be
assessed to each lot or parcel of property may be ascertained at
the office of the Clerk. In addition to the published notice
described above, the Clerk shall mail at least 15 calendar days
prior to the hearing a copy of the notice by first class mail to
each property owner proposed to be assessed. Notice shall be
ma~led to each property owner at such address as is shown on the
Tax Rolls. The failure of the Clerk to mail such not,ce shall
not constitute a valid objection to the approval of the
Preliminary Assessment Roll. Notice shall be deemed mailed upon
delivery thereof to the possession of the U.S. Postal Service.
All objections shall be made in writing, and filed with the Clerk
at or before the time or adjourned time of the hearing. The
Clerk may provide proof of such notice by affidav~t.
(I) At the time and place stated in such notice, the Board
shall meet and receive the objections in writing of all
~nterested persons as stated in such notice. The Board may
adjourn the hearing from time to time. After the completion
thereof the Board shall adopt the Final Resolution which shall
either annul or sustain or modify in whole or part the
preliminary assessment as indicated on the Preliminary Assessment
Ro11, either by approving the preliminary assessment against any
o~ all lots or parcels described therein or by cancelling,
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increasing or reducing the same, according to the special
benefits which the Board shall decide each lot or parcel has
received or will receive on account of such'improvements. If any
property which may be chargeable under this Section 4 shall have
been omitted from the Preliminary Assessment Roll or if the
preliminary assessment shall not have been made against it, the
Board may, upon compliance with the procedures set forth in this
Section 4, provide for the assessment of such omitted property.
The Board shall not approve any Special Assessment in excess of
the special benefits to the property assessed, and the Special
Assessments so approved shall be in proportion to the special
benefits. Upon adoption of the Final Resolution, the Preliminary
Assessment Roll shall become the Assessment Roll. The Final
Resolution shall provide for the rate of interest which the
Special Assessments shall bear. In the event Notes have been
issued and are outstanding at the time the Final Resolution is
presented to the Board, the Board may establish the rate of
interest the ~pecial Assessments are to boar at the rate
described in subsection (J)(l) of this Section 4. Forthwith
after adoption of the Final Resolution, the Assessment Roll shall
be delivered to, and kept by, the Clerk or such other official as
the Board, by resolution, deems appropriate; provided, however,
issues adjudicated in the Approving Resolution may not be
disputed except as provided in subsection (E) of this Section 4.
In the event the alternative method of collection of Special
Assessments, as described in Section 5 hereof, is utilized by the
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County, a copy of the Assessment Ro11, together with any changes
thereto, shall be delivered to the Property Appraiser and Tax
Collector by the Clerk. The Special Assessment so made shall be
final and conclusive as to each lot or parcel assessed and the
adoption of the Final Resolution shall be the final adjudication
of the issues presented unless proper steps be initiated within
20 days of adoption of the Final Resolution in a court of
competent Jurisdiction to secure relief. If the Special
Assessment against any property shall be sustained or reduced or
abated by the court, the Clerk shall note that fact on the
Assessment Roll opposite the description of the property affected
thereby. The amount of the Speqial Assessment against any lot or
parcel which may be reduced or abated by the court, unless the
assessment upon the entire Unit be reduced or abated, may by
resolution of the Board be made chargeable against the applicable
Unit at large, or, at the discretion of the Board, a new
Assessment Roll may be prepared and approved in the manner
hereinabove provided for the preparation and the approval of the
original Assessment Ro11.
(J)(i) Except as otherwise provided by resolution of the
Board, no prepayments of Special Assessments shall be accepted
prior to the adoption of the Final Resolution. Thereafter, any
prepayments shall be made only upon payment of applicable
interest, including interest included as a Cost of the related
improvement, and applicable prepayment premium at the office of
the Clerk (or such other official aa the Board shall determine by
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resolution). The Clerk (or such other official as the Board
shall determine by resolution) shall note on the Assessment Roll
any prepayments. The Board, by resolution, may determine the
time during which prepayments may be made and the amount of
interest and prepayment premium payable at the time of payment.
If not prepaid, all Special Assessments shall be payable in equal
principal installments (unless otherwise provided by resolution
of the Board), with interest on the balance at the rate set by
the Final Resolution, and, if Bonds are issued pursuant to this
Ordinance, and excep: as otherwise provided in Section 6 hereof,
at a rate not to exceed two per cent above the true interest cost
at which such Bonds are sold (provided the true interest cost on
the Bonds may include any ongoing expenses related to the Bonds
or collection of the Special Assessments), subject in each case
to the provisions of subsection (L) of this Section 4, from the
date the Final Resolution is adopted or such other date as the
Board may provide by resolution, payable in each of the
succeeding number of years which the Board shall determine by
resolution, not exceeding 20; provided, however, that the Board
may provide by resolution that any Special Assessment may be paid
at any time before due, together with any applicable prepayment
premium and interest accrued thereon to the date of payment or
such later date as shall he determined by the Board by
resolution, if such prior payment shall be permitted by the
proceedings authorizing any Bonds or other obligations for the
payment of which such Special Assessments have been pledged. In
2O
the event Notes are outstanding at the time the Final Resolution
is presented to the Board, the Board may provide that the Special
Assessments shall bear interest at a rate not to exceed two
percent above the true interest cost on the Notes until such time
as Bonds are issued to repay the Notes at which time the Special
Assessments shall bear interest at a rate not to exceed two
percent above the true interest cost at which the Bonds are sold
(provided the true interest cost on the Bonds or Notes may
include any ongoing expenses related to the Bonds or Notes, as
the case may be, or collection of the Special Assessments).
(ii) All Special Assessments shall constitute a lien upon
the property so assessed from the date of adoption of the
Approving Resolution, of the same nature and to the same extent
as the lien for'general county taxes falling due in the same year
or years in which such Special Assessments or installments
thereof fall due. Except as otherwise provided by Zaw, such lien
shall be superior in dignity to all other liens, titles and
claims, until paid. Any Special Assessment or installment not
paid when due shall be collectible with such ~nterest and with
reasonable costs and expenses incurred by the County and its
agents, including attorney fees, in the collection of such
delinquent Special Assessments or as a result of such delinquent
Special Assessments (including costs paid for draws on a credit
facility), by the County or its agents as described in subsection
(=)(iii) of this Section 4.
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(iii) The County shall have the right to appoint an agent to
foreclose and collect all delinquent Special Assessments in the
manner provided by law. A Special Assessmemt shall become
delinquent if it ks not paid within 30 days from the date any
installment is due. The County or its agent shall cause notice
to be sent to any property owner who is delinquent in payment of
his Special Assessment installment within 40 days from the date
such installment was due. Such notice shall state in effect that
the County or its agent shall initiate a foreclosure action
within 90 days of the date of the installment due date if it is
not paid. Between the ?Sth and 90th day after the due date of
the delinquent installment, the County or its agent may declare
the entire unpaid balance of the delinquent Special Assessment to
be An default and cause such delinquent property to be foreclosed
in the method now or hereafter provided by law for foreclosure of
mortgages on real estate, or otherwise aS provided by law.
Commencing on the 90th day after the due date of the delinquent
installment, the County or its agent shall declare the entire
unpaid balance of the Special Assessment to be in default and
cause the delinquent property to be foreclosed as described
above. Any Board action required in the collection of Special
Assessments may be by resolution. All costs, fees and expenses,
including reasonable attorney fees, related to any foreclosure
action as described in subsection (J)(ii) of this Section 4 shall
be borne by the delinquent property owner.
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(iv) If prior to any sale of the property under decree of
foreclosure in such proceedings, payment is made of the
installment or installments which are shown to be due under the
provisions of the Final Resolution, and by this subsection (J),
and all costs, fees and expenses of the County and its agent, as
a result of such delinquent Special Assessment, including
reasonable attorney fees and costs for draws on a credit
facility, such payment, unless otherwise provided by resolution
of the Board, shall have the effect of restoring the remaining
installments to their original maturities as provided by the
resolution passed pursuant to this subsection (J) and the
proceedings shall be dismissed.
(v) It shall be the duty of the County and its agent, if
any, to enforce the prompt collection of Special Assessments by
the means herein provided, and such duty may be enforced at the
suit of any holder of Bonds issued under this Ordinance in a
court of competent Jurisdiction by mandamus or other appropriate
proceedings or action.
(vi) The County may Join in one action the collection of
Special Assessments against any or all property assessed
accordance with the provisions hereof. All delin~uent property
owners whose property ks foreclosed shall pay reasonable costs
and expenses incurred by the County and its agents, including
reasonable attorney fees, An collection of such delinquent
Special Assessments and any other costs incurred by the County as
a result of such delinquent Special Assessments (including costs
paid for draws on a credit facility), end the same shall be
collectible as a par~ of or in addition 'to, the costs of the
action.
(vii) At the sale pursuant to decree in any such action, the
County may be the purchaser to the same extent as an individual
person or cor~oration.
(viii) In the event the Board utilizes the alter~at£ve method
of collection of Special Assessments as described in Section 5
hereof, the provisions of this subsection (J) shall be superseded
to the extent of any conflict with agplicable law or any
agreement between the County and the Proger~y Appraiser or Tax
Collector relating to such alternative method. The Clerk shal!
provide such information to the Property Appraiser a~d the Tax
Collector as shall be necessary to collect the Special
Assessments pursuant to such alternative method.
(K) If Special Assessments made u~der the provisions of
~his Ordinance to defray tho Costs of the Project shall be deemed
by the Board to be inadequate to meet the obligation owed to
Bondholders and to pay fees required for credit enhancement on
the Bonds, if any, the Board may adjust the payment period of and
~he rate of interest on installment payments of the Special
Assessment so that payments of Special Assessments aha11 be
suffic~ent to satisfy the contractual obligation owed to
Bondholders and the credit enhancement provider. However, such
adjustment shall not have the effect of increauing tho Special
Assessment of any property, including the effect of increasing
24
the amount of Special Assessment of any prope~y in proportion to
~he amount of benefits conferred on that proper~y. Further, the
~oard, in adjusting the interest rates and' the period of payment
of Special Assessments, shall follow the provisions of this
Section 4 providing for not~ce and hearing to interested persons
and prov~ding for passage of resolutions establishing Special
Assessments.
(L) If any Special Assessment ma~e under the provisions of
this Ordinance to defray the Costs of any Project shall be either
iff who~e or £n part annulled, vacated or set aside by the
Judgment of any court, or if the Board shall be satisfied that
any such Special Assessment is so irregular or defective that the
same cannot be enforced or collected, or if the Board shall have
omitted to include any property on the Assessment Roll which
properly should have been so included, the Board shall take all
necessary steps to cause a new Special Assessment to be made
against any property benefited by any Project, following as
nearly as may be practicable the provisions of this Ordinance and
iff case such second Special Assessment shall be annulled, the
Board may obtain and make other Special Assessments until a valid
$~ecial Assessment shall be made.
(M) The Board may pay out of any special fund that may be
provided for that purpose such portion of the costs of any
Project as it may deem proper.
(N) A~y informality or irregular~ty in the proceedings in
con~ection with the levy of any Special Asse~.sment under the
25
provisions of this Ordinance shall not affect the validity of the
same after the approval thereof, and any'Special Assessment as
finally approved shall be competent and sufficient evidence that
such Special A~sessment was duly levied, that the Special
Assessment was duly made and adopted, and that all other
proceedings adequate to such Special Assessment were duly had,
taken and performed as required by this Ordinance~ and no
variance from the directions hereunder shall be held material
unless it be clearly shown that the party objecting was
materially injured thereby. No=withstanding the provisions of
this subsection (N), any party objecting =o a Special Assessment
imposed pursuant to this Ordinance must file an objection with a
court of competent Jurisdiction within the time periods
prescribed herein.
(0) The County may, by resolution, provide a procedure by
which the lien of a Special Assessment on property may be
apportioned between subdivided parcels of such property. Such
apportionment shall be reflected on the Assessment Ro11. The
County may establish a different procedure of apportionin~ a
Special Assessment lien for each Unit. The County shall not
establish a procedure which has a material adverse effect on the
security for Bonds issued to finance the Project related to such
Special Assessments.
SECTION 5. ALTERNATIVE NL"rHOD OF COT~mCTION. As an
alternative method to collection by the Clerk as provided in
subsection (J) of Section 4 of this Ordinance, the Board may,
either at the public hearing held pursuant to subsection (D) of
Section 4 hereof or at such other time as it deems appropriate,
authorize the collection of the Special Assessments in the manner
provided for the collection of ad-valorem taxes. Such
alternative method shall be authorized by resolution of the Board
and the County shall comply with all applicable provisions of law
relating to such alternative method, .including Section 197.363,
Florida Statutes, and any successor provision thereto. In the
event such alternative method is used by the County, the
provisions hereof shall be superseded to the degree of any
conflict with applicable law or with any agreement between the
County and the Property Appraiser and/or the Tax Collector
relating to such alternative method. Special Assessments
relating to an individual Project shall be collected either by
s
the method described in Section 4 hereof or in this Section 5,
not by both methods.
SECTION 6. ISSUANCE OF BONDS. The Board shall have the
power and it is hereby authorized to provide by resolution, at
one time or from time to time in series, for the issuance of
Bonds of the County for the purpose of paying all or part of the
Cost of the Projects. The principal of and interest on each
series of Bonds shall be payable from Pledged Revenues. At the
option of the Board, the County may covenant to budget and
appropriate from non-ad valorem revenue sources identified by the
County by resolution or from general non-ed valorem revenues of
27
the County an amount necessary to make up any deficiency in the
payment of the Bonds.
In anticipation of the sale of Bonds, the County may, by
resolution, issue Notes and may renew the same from time to
time. Such Notes may be paid from the moneys derived by the
County from the sources described in subsection (F) of Section 4
hereof. The Notes shall be issued in the same manner as the
Bonds. Bonds and Notes shall be, and 'shall be deemed to be, for
all purposes, negotiable instruments, subject only to the
provisions of the Bonds and Notes for registration.
The Bonds shall be dated, shall bear interest at such rats
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 as may be fixed by the
Board. The Bonds may, at the option of the Board, bear interest
at a variable rate. The Board shall determine by resolution the
form of the Bonds, the manner of executing such Bonds, and shall
fix the denomination or denominations of such Bonds, the place or
places of payment of the principal and interest, which may be at
any bank or tr~st company within or without the State of Florida,
and such other terms and provisions of the Bonds as it deems
appropriate. The Bonds may be sold at public or private sale for
such price or prices as the Board shall determine by resolution.
The Bonds may be delivered to any contractor for payment for his
work in constructing a Project or may be sold in such manner and
for such price as the Board may determine by resolution to be for
the best interests of the County.
Prior to the preparation of definitive Bonds of any series,
the Board may, under like restrictions, issue interim receipts,
interim certificates, or temporary Bonds, exchangeable for
definitive Bonds when such Bonds have been executed and are
available for delivery. The Board may also provide for the
replacement of any Bonds which shall become mutilated, or be
dastroyed or lost. Bonds may be issued without any other
proceedings or the happening of any other conditions or things
than those proceedings, conditions or things which are
specifically required by this Ordinance.
The County may issue Bonds for Projects in different Units
pursuant to a single resolution, provided such resolution
identifies each Project to be financed and the Unit in which it
is located.
The County may, at its option, issue Bonds bearing a
variable rate of interest, whereupon the interest rate and
installment payments applicable to Special Assessments shall be
subject to adjustment as provided by resolution of the Board. In
such event, the County may impose on such annual installment
payments such rate of interest as shall not exceed the maximum
amount permitted by subsection (J)(i) of Section 4 hereof as
shall be determined on the 15th day prior to the date the bill
for such annual installment is mailed by the County. If amounts
of interest collected by the County exceed, in the aggregate, the
29
amount of interest that would have been collected if interest was
imposed at the maximum rate permitted to.be charged on Special
Assessments as provided in subsection (J) (i) of Section 4 hereof,
the excess amounts shall be credited to the next installment or
be returned to the proper~y owners who paid such amounts, as
provided by resolution of the Board. If the amounts of interest
collected by the County are less, in the aggregate, than the
amount of interest that would have been co!lected if interest was
imposed at the maximum rate permitted to be charged on Special
Assessments as provided in subsection (J)(i) of Section 4 hereof,
such deficiency may be imposed as a surcharge on the next
installment.
SECTION ?. TAXING POWE~NOT PLEDGED. Bonds issued under
the provisions of this Ordinance shall not be deemed to
constitute a pledge of the faith and credit of the County or the
Units, but such Bonds shall be payable from Pledged Revenues in
the manner provided herein and by the resolution authorizing the
Bonds. The issuance of Bonds under the provisions of this
Ordinance shall not directly or indirectly obligate the County or
the Units to levy or to pledge any form of ad valorem taxation
whatever therefor. No holder of any such Bonds shall ever have
the right to compel any exercise of the ad valorem taxing power
on the par~ of the County or the Units to pay any such Bonds or
the interest thereon or to enforce payment of such Bonds or the
interest thereon against any property of the County or the Units,
nor shall such Bonds constitute a charge, lien or encumbrance,
3O
legal Or equitable, upon any property of the County or the Units,
except the Pledged Revenues.
SECTION 8. FUNDS. The Pledged Revenues received
pursuant to the authority of this Ordinance shall be deemed to be
funds held for the benefit of Bondholders, to be held and applied
solely as provided in this Ordinance and in the resolution
authorizing the Bonds.
SECTION 9. REMEDIES OF BONDHOLDERS. Any holder of
Bonds, except to the extent the rights herein given may be
restricted by the resolution authorizing issuance of the Bonds,
may, whether at law or in equity, by suit, action, mandamus or
other proceedings, protect and enforce any and all rights under
the laws of the state 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 10. AL-~-r~u~AT~ I'~"rHOD. This Ordinance shall be
deemed to provide an additional and alternative method for the
doing of the things authorized hereby and shall be regarded as
supplemental and additional to powers conferred by other laws,
and shall not be regarded as in derogation of any powers now
existing or which may hereafter come into existence. This
Ordinance, being necessary for the welfare of the inhabitants of
the County, shall be liberally construed to effect the purposes
hereof.
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96
SECTION ll. NO REFERENDUM REQUIRED. No referendum or
election in the County shall be required for the exercise of any
of the provisions of this Ordinance, unless such referendum or
election is required by the Constitution of the State of Florida.
SECTION 12. REFUNDING BONDS. The County may, by
resolution of the Board, issue Bonds to refund any Bonds issued
pursuant to this Ordinance and provide for the rights of the
holders hereof. Such refunding Bonds may be issued in an amount
sufficient to provide for the payment of the principal of,
redemption premium, if any, and interest on the outstanding Bonds
to be refunded. In the event the principal amount of the
refunding Bonds shall be greater than the outstanding principal
amount of the Bonds to be refunded, the Board may increase the
assessments which secure such refunding Bonds up to an amount not
to exceed the difference between the respective principal amounts
of the refunding Bonds and the outstanding refunded Bonds;
provided notice to the affected property owners is given in
accordance with the notice provisions of Section 4 hereof and a
public hearing is held by the Board.
SECTION 13. SAVINGS PROVISIONS. Except as otherwise
provided by the resolution or ordinance of the Board establishing
a unit, the provisions of this Ordinance shall apply to all Units
hereinafter established by the County in which Special
Assessments shall be levied by the County to pay for the Costs of
Projects constructed or acquired therein and the provisions
hereof shall supersede, but not repeal, the provisions of any
32
ordinance (including ordinance No. 75-14) or resolution to the
extent of any conflict herewith. Units which have heretofore
been established by the County and which have not heretofore
levied and imposed 'Special Assessments shall, unless otherwise
provided by resolution of the Board, levy and impose Special
Assessments in accordance with the provisions hereof and the
provisions of Sections i and 3 through 12 hereof shall be
applicable for such Units. In the ca~e of Units established by
Ordinance Nos. 81-94, 85-13 and 85-39 the Board shall determine,
by resolution, whether Special Assessments levied and imposed in
each such Unit shall be made pursuant to this Ordinance or the
assessment procedures heretofore enacted by the Board in regard
to such Units (Ordinance Nos. 85-32, 86-40 and 85-39,
respectively); such assessment procedures shall be superseded by
the procedures provided in this Ordinance if the Board determines
by resolution to utilize this Ordinance. The Board hereby
ratifies the creation and establishment of all Units heretofore
established and the levying and imposition of all assessments
heretofore levied within such Units.
SECTION 14'. SEVERABILITY. The provisions of this
Ordinance are severable; and if any section, subsection,
sentence, clause or provision is held invalid by any court of
competent jurisdiction, the remaining provisions of this
Ordinance shall not be affected thereby.
33
98'
m ~ ~{mm~m
SECTION 15. EFFECTIVE DATE. This Ordinance shall take
effect as provided by law.
AND ENACTED in Regular Session, thi~day of~_~,
1958.
(SEAL)
· ATTEST: ,.
Appro'v'e'd as to form and
legal sufficiency:
eth B. Cuyler~"
County Attorney
BOARD OF COUNTY COMMISSIONERS
OF COI~LIER COUNTY, FLORIDA
Arnold Lee Glass, Chairman
34
m
STATE OF FLORIDA ]
COUNTY OF COLLIER )
I, JAMES C. GILES, 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. 88-23
which was adopted by the Board of County Commissioners on the 23rd
day of February, 1988, during Regular Session.
WITNESS my hand and the official seal of the Board of County
Commissioners of Collier County, Florida, this 24th day of
February, 1988,
JAMES C. GILES
Clerk of Courts and Clerk , ..
Ex-officio to Board of ,,-' '
By: Vlrgtnta Magrt
Deputy Clerk