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Ordinance 82-047ORD'-'NAMCE .~0. 8 AN~.EM~GENCY ORDINANCE RELATING TO T~E ACQUI- SitIOn, CONSTRUCTION, IMPROVEMENT AND EQUIPPING O~TOUNTY CAPITAL PROJEUTS O~ COLLIER.COUNT~, FLORIDA~ AUTIIORIZING Tl{h iSSUANCE OF REVENUE BONDS BY T[~ COUNTY PAYAB~,E FROM ANY ~UNDS OF THECOUNTY DERIVED FROM SOUrCeS OTHER T~AN AD VALOREM TAXATION ~ND LEGALL~ AVAILABLE FOR SUCH PURPOSE~ TO FINANCE THE COST OF SUC~ PROJECTS~ DECLARING AN EMERGE~CY TO EXIST SO AS TO NECES- SITATE IMMEDIATE ENACTMEN~ OF T~IS ORDINANCE AND PROVIDING AN EFF~TIYE DATE. ~E.TEAS, pursuant to A~.ticle VIII, Section 1, Florida C.~:'ititu~on (.~..'¢~) an~ Cha~.r 125, ~'lorida Statutes, t}.~ 8oar~ · . 2oun=y Comni..ioner~ of Co11~...~' County, ~'l~rida, has all powers c2 l~cal self-government :o perform county functions and to render county services ir. a mann=u not inconsistent with general upe~lal law and such power may be 'exercised by the enactment county ordinances~ ~ER~A$, i= is necess~y ~ ~r the pub1 ic health · :fury ar.d ger.=~.l welfar~ =f the County and its c]~Lens~h{t [J{vision be made for th~ acquisition, construction, ~mpro~e~ a~d equipping of capital project= ~'hich serve a county 'for fi~ancing the cost of such projects by the pledgi~ ~EREAS, the urgent need to f~nance a~d co~ence ~nn~u=uct].on of certain criminal Justice facilities under the . procedures herein established reguqres the i~ediate enactment this ordinance. NOW~ THEREFORE, BE IT O~AINED ~Y ~E BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA~ SECTION 1. The Board of County Co~lssioners Collier Counl~y, Florida (hereinafter resp~ctively called 'Board' and 'County'), i~ hereby authorized to acquire, construct, improve and equip county capital projects (hereinafter called $~',':0~ ~. To pay the cost of the projects and other costs incidental and appurtenant thereto, .the Board is authorized to issue revenues bonds from ti~,e to time (hereinafter called "o~ligations"). Such obligations Ray be issued in coupon form or fully registered form, and may be in such denomination or denominations, bear interest ~ such fa're or rates and shal! mature at such time or times not exceeding 40 years from their date or dates as may be determined by the Board. The obligations may be .made redeemable before maturity, at the option ~ the Board, at such price or prices and under such terms and cdnditions as may be fixed by the Board prior to their issuance. The Board ~h~11 determine the place or places of payment of the principal and interest which may be at any bank or trust company within or without the state. The obligations shall be signed either by manual or facsimile signatures of the Chairman and Clerk of the Board, provided that such obligations shall bear at least one signature which is manually executed thereon. The coupons attached to such obligations shall bea~ the facsimile signature of ~ignatures of such officer or off].cers as shall be designated by thc Board. The obl~gatf~.~ ~Lall have the seal of the Boa~d . alii'xed, imprint{d, reproduced or lithographed thereon, all as may be prescribed in the resolution or resolutions authorizing the issuance thereof. The obligations may be sold. at public or private sale at such price or p~'~.ces as the Board shall determine to be in its best interest. SECTION 3. The principal of an interest on the obligations issued hereunder shall be payable from all or any portion of the funds of the County derived from sources other than ad valorem taxation and legally available for such purpose (hereinafter called 'non-ad valorem funds'). SECTION 4. The obligations shall be and they are hereby constituted negotiable instruments under the law merchant and the laws of 'the State of Florida. SECTION 5. No referendum in Collier County shall be required for the exercise of any of the provisions of this ordinance, unless such referendum is required by the Constitution of Florida. BECTION 6. The -qa~ of the pro~ects ~ay be ~eemed to a~so ln~lu~c (but not be ~imited to), ~',~ cost oE a~quisition of sites; legal, engineering, fiscal, a=chitectural fees and fees of a~y other experts or nonsultants employed' by the Board; engineering or architectural studies; surveys, plans and designs for the projects; provisions for capitalization cf interest for a reasonable period after issuance of the oblipations and for debt service reserves; premiums for municipal bond insurance policies; the expense of the issuance, authorization and sale of the obligations, including a~Tertisements, notices and other ~roceedings in connection the~ewith: reimbursement to the County for a,y temporary funding of the projects; payment of principal of and interest on and costs and expenses of issuance of a~y short- term financing, pending issuance of the obligations; the discount on the sale of the obligations, if any; and such other expenses as are necessary, incidental or appurtenant to the purposes authorized hereunder. S~CTXON 7. The County does hereby covenant with holders of obligations issued pursuant to this ordinance that it will not enact any ordinance which will repeal, impair or amend in. any manner the rights of such holders of the obligations or the security of the fur. J, WhiCh may be pledged to the payment of principal of and interest on obligations issued pursuant to this ordinance. SECTION 8. The County may, by resolution, issue obligations to refund any obligations issued pursuant to this ordinance and provide for the rights of the holders hereof. Such refunding obligations may be issued in an amount, together with the investment income thereon, sufficient to pay (a) the principal of the outstanding obligations; (b) the interest due and payable on the outstanding ebligations to and including any date upon which the outstanding obligations shall b= callable prior to maturity or the dates upon which the principal thereof shall mature before the same are callable prior to maturity; (c) the redemption premium, if any; and (d) any expenses of the issuance and sale of such refunding obligations. SECTION 9. This ordinance shall not' b~ deemed to repeal 6r supersede any other la~ or laws, but. s~all be considered as supplemental and additional authority tot the Board to carry out and perform the powers authorized herein. SECTIOF 10. All power and authority granted to the County by the provisions of this ordinance shall be exercised by the Board or its successors as the governing body of the County. SECTION 11. The provisions of this ordinance are intended to be severable. If any ohe or more sections, paragraphs, sentences, clauses or provisions shall be held to be illegal or invalid, the remaining sections, sentences, clauses and provisions of this ordinance shall .nevertheless stand and be construed as if the illegal or invalid sections, sentences, clauses or provisions had not been included herein. SECTION 12. Ail ordinances or parts thereof in confliLh with the provisions of this ordinance are, to the extent of such conflict, hereby repealed. SECTION 13. There exists an urgent need to finance and commence construction of certain criminal Justice facilities under the procedures herein established. The Boar~, having waived ,the notice requirements under Section 125.66(2), Florida Statutes, by a four-fifths vote of the membership, declares that an · emergency exists and that the immediate enactmcnt of this ordinance is necessary. SECTION 14. This ordinance shall take effect when .a copy has been accepted by the postal authorities of the Government · of the United States for special delivery by registered mail to the Department of State of the State of Florida pursuant to Secticn 125.66(3), Florida Statutes. ADOPTED AFTER MOTION, SECOND, AND AFFIRMATIVE VOTE OF MEMBERS, THIS 18th DAY OF JUNE, 1982. ATTEST~ BOARD OF COUNTY COMMISSIONERS WILLIAM J~.~A~ CLERK OF COLLIER COUNTY, FLORIDA ~ .' ~ ,~,', ..,~ ~.',%' ' '~ '.~I STATE OF FLORIDA ) COUNTY OF COLLIER I, WILLIAM J. REAOAN, Clerk o'f Courts in and for the Twentieth Judicial Circuit, Collier County, Florida~ do hereby certify that the foregoing is a true original of: ORDINANCE NO. 82-47 which was adopted by the Board of County Commissioners via emergency procedures during Special Session June 18, 1982. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 18th day of June, 1982. "' WILLIAM J. REAGAN. Clerk of Courts and Clerk Ex-officio to Board County Commissioners