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Ordinance 80-043 ORDINANCE AN EMERGENCY ORDINANCE OF COLLIER COUNTY~ FLORIDA~ AMENDING AND SUPER' SEDING COLLIER COUNTY ORDINANCE NO. 7S-R CREATING THE GOODLAND WATER DIS' TRICT FOR THE PURPOSE OF PROVIDING THAT SUCH DISTRICT SHALL BE AND HAVE ALL THE POWERS OF A MUNICIPAL SERVICE~ THE POWERS OF A WATER AND SEWER DI~ UTES FOR THE PURPOSE OF PROVIDIN~ WATER FACILITIES IN THE UNINCORPORATE~ AREA OF COLLIER COUNTY COMPRISING SUC~ DISTRICT; AUTHORIZING THE ACQUISITION AND CONSTRUCTION OF WATER SUPPLY AND DISTRIBUTION FACILITIES AND APPURTENANT FACILITIES IN SUCH DISTRICT~ PROVIDING FOR THE ISSUANCE OF BONDS BY SUCH DISTRICT TO FINANCE THE COST THEREOF~ PROVIDING FOR THE PAYMENT OF SUCH BONDS FROM REVENUES DERIVED FROM THE OPERATION OF SUCH FAClLITIES~ ASSESS- MENTS AGAINST PROPERTIES SPECIALLY BENEFITED BY SUCH FAClLITIES~ TAXES WITHIN SUCH DISTRICT ONLY AND OTHER FUNDS OF SUCH DISTRICT OR COLLIER COUNTY DERIVED FROM SOURCES OTHER THAN AD VALOREM TAXATION AND LEGALLY AVAILABLE FOR SUCH PURPOSE~ AND PROVlD~ lNG THE METHOD BY WHICH THIS ORDINANCE ~ SHALL BECOME EFFECTIVE. ~ WHEREAS~ by CoUlee Coun~ O~dinance No. 75-5 duly Board of County Comml~sloner~ (the "Boaed") of CoUlee CounW~Florl~' "County)~ a copy of which ordinance was duly filed in ~e Secretary of S~te or Florida on Februa~ 20~ 1975~ and by ap~lal referen- dum election duly called In and by said O~lnance No. 75-5, the ~land Water District (the "Di~trlct") was c~at~ foe and ~prlalng the following described area of the County: All unplatted lands lying East of the Westerlyt North-South section line of Sectlons 18 and 19t Township 52 South, Range 27 East and the platted lands lying in Goodland Isles, the Flrst Additlon and the Second Addltlon es recorded In Plat Book 6~ Page 7; Plat Book 8t Pages 1 and 2; and Plat Book 8, Page 19 respectively; and all lands lying In Goodland Heights Amended and First Addltlon as recorded In Plat Book Page 85 and Plat Book 4~ Page 18 reapectlvely; and all lands lying In Pettlt Subdivision aa corded 'In Plat Book 2, Page 88 of the Public Records of Collier County~ Florida; all commonly known as Goodland. whlc~"'area shall hereinafter be referred to as the "area of the District;" and WHEAF. AS~ pursuant to Article YJl~ Section 1 of the Constitution of the State of Florida and Section 125.66, Florida Statutes, the Board has all powers of local self-government to perform County functions end to render services In a manner not Inconsistent with general or special law and such power may be exerclsed by the enactment of County Ordinances} and WHEREAS, pursuant to Section 125.01(1), Florida Statutes, the Board has the power to create munlclpal service taxing or benefit units wlthln which service charges, speolal assessments end taxes may be levied and wlthin which may be provided municipal services and facilities, for any part or all of the unincorporated area of the County~ end the Board has the Im- plied power under said Sections 125.66 and 125.01(1) to grant to special dis- trlcts heretofore created any rights and powere which It might have granted upon the Initial establishment of such special districts and which ere not Inconsistent with general or special law) end WHEREAS~ It is necessary for the public health, safety and general welfare of the County and its citizens and Inhabltante that provision be made for the acquisltlon and construction of water supply and dlstrlbutlon facilities and related facilltlas whlch shall serve the area of the District and Its citizens end inhabitants and for financing the cost of such projects} and WHEREAS, it Is In the best Interest of the publlc health, safety and general welfare of the County and Its citizens and Inhabltsnts that the Dlstrlct be granted the powers and authority of a munlclpal services taxing and benefits dlstrlct and such other powers aa ere necessary for the purpose of providing such water faculties for the area of the Dlstrlct~ NOW~ THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: SECTION 1.-. Deflnltlons. As used In this ordinance, the followlng words and terms shall have the following meanings, unless ~ome other meanlng Is plainly Intended: (1) "Act"' shall mean Chapter 125, Florida Statutes. (2) "Assessments" shall mean the proceeds to be derived from assess- ments to be levied against the lands and properties to be specially benefited by the constructlon of any project, Including Interest on such assessments and any penalties thereon and moneys received upon the foreclosure of the Ilens of any such assessments, but excluding money recovered for the expense of collection of Assessments. (3) "Board" shall mean the Board of County Commlsslonere of Collier County and~ ex offlcio~ governing body of the District. (4) "Bonds" shall mean the oblige:lena Issued by the District under the provislons of this ordinance to pay the Cost of a Project or comblnatlon of one or more Projects, the principal of and premlum~ If any, end Interest on which shall be payable from the revenues derlved from the operation of one or more Projects, Assessments, ed valorem taxes within the District only or any other funds of the Dlstrlct or of the County derived from sources other than ad valorem taxation and legally available for such purpose. (5) "Cost"~ when used In connection with · ProJect~ shall mean ell expenses necessary, appurtenant or Incldental to the &cqulsition end con- struction of such ProJect~ Including without Ilmltatlon the colt of any land or Interest therein or of any flxtures~ eequlpment or personal property necessary or convenient therefore, the cost of labo~ and materials to complete such construction, engineering end legal expenles~ fiscal expenses for plans, specificetlone and surveys~ Interest during constructlon~ edmlnlstpetlve ex- penses related solely to the acqulsltlon end construction of the Project end all expenses Incident to the financing of the Project end the Issuance of Bonds therefor o (6) "County" shall mean Collier Count~/~ (7) "Df,trice" or "Goodland Water District" she. Il mean the municipal services taxing end benefits dlstrlct created hereby for end comprlslng the area of the District described above. (8) "P~oJect" shall mean any Water System or any extenslon of or' Im- provement thepeof~ or any comblnation thereof~ end shall Include ell properff.~, and rlghts~ easements and franchlses relating thereto end deemed necessary o~ convenient for the ecquisitlon~ construction or' operation thereof. (9) "Water System" shell mean end Include any system~ facility, plant~ or other p~operty used or useful or havlng the ppesent capeclty for future uae in connection with obtelning~ purifylng end supplying of water for human consumption~ fire p~otection~ irrigation or consumption by business or' Indus- try and~ without limiting the generality of the foregolng~ shall embrace reservoirs~ tanks~ pumps~ plpes~ mains and ell necessary or convenlen~. appurtenant equipment. SECTION 2. THIS ORDINANCE TO BE DISTRICT CHARTER. Upon the effectlve date of this ordinance~ determlned as provlded In Section 5 hepeof~ this ordinance shall amend said Ordinance No. 75-5 In Its entirety end super- sede the same as the charter of the Dlstrlcto The District shell be · public body corporate end politic. The Board shall be ·x-oflqclo the governing board of the District. SECTION 3. POWERS OF DISTRICT. A. The Dlstrlct shall have and exePclae ell of the powers granted by or implled by the Act with respect to municipal sam/Ices taxing and benefit units created unde~ the Act~ Including without limitation the power to acqul~e~ construct~ eroct~ equlp~ operate and maintain Projects end finance the Cost thepeof with the proceeds of Bonds of the Dlstrlct~ whlch Bonds the Is hereby authorized to Issue; to levy an ed velopem tax not to exceed ten (10) mills~ special assessments and fees~ to hold end dispose of peel and personal property; and to employ end discharge employees and authorize them to enter upon private property end public property et reasonable times for Inspections related to the operatlon of any Project and otherwise PerCor~l their' duel·s; to promulgate rules and pegulatlons~ end to do ell other thlngs neces- sary to convenient with respect to oe reasonably Implied by the B. As supplemental or alternate authority to corm/ out the purpose of the Dlstrlct~ the District shell have and exam:lee ell the pow·pa granted to water and sewer distrlcts under. Chapter 153~ Pert I1~ Florida Statutes. SECTION 4. ASSESSMENTS. The District may provide that the Cost of any Project or any part thereof be assessed against the lots end parcels of real property in the area of the District specially benefited by such Project or part thereof and for the Issuance of Bonds payable fr~m such and the Dlat~lct~ In addition TO~ or con]unction wlth~ the powers granted herein may proceed under the provlllons of Chapter 170~ Florida Statut·l~ If the District. ware · munlclpallty and the proposed P~oJect were one de- scribed in Section 170.01 of such Chapter', except ·l herelnaftar- provided otherwise: Special assessments ag·inet properties deemed to be benefited by a P~oject shall be assessed upon luch proper-ties in propo~ion to the benefits, determined and pr~retad on & flat rate basis (providing an equal assessment upon each lot or parcel assessed), or' based on the respective areas of the properties assessed, or according to the front footage of the r-alp·calve properties assessed or on such other basle ·s the Board may prescribe belng most equitable and fair under the circumstances. The Board may declare that ·ny ass·sam·naa may be made pay·bi· In not more then forty (40) equal yearly Installments, with Inter'est on the unpaid balance thereof ·t · rate per annum detar~llned by the Board, to whfch, If not pald when due, there shell be added the pen·lb/ pr-ascribed by such Chapter. Bonds payable fr~m such assessments and any other- Bonds Issued here- under shall beer Interest at such rate or rate· per ·nnum as shall be deter- mined by the Board, payable annually or semiannually, shell mature et such tlme or times not exceeding for~:y (40) ye·re fr~m the date of their' issuance and shall be sold In such manner- and ·t such price ·· the Board may' deter-- mine to be In the best Interests of the Dietr-lct, but no such sale may be made at a price of less than ninety per- centum (90%) of the per value of the Bonds. SECTION 5. Declaration of Emergency and elf·calve data. The hereby finds and determlnes that ·n emergency exista nece.~sltatlng the Imme- diate enactment of thls ordlnsnce, therefore, notice requirements are hereby waived and this ordinance shall take effect Immedletaly upon ltl plscement In the U.S. mall to the Secretary of State of the St·t· Florid·. PASSED AND DULY ADOPTED by the Board of County Commleslonere of Collier County, Florid· this ~.~.33~dey of ~, 1980. STATE OF FLORIDA ) COUNTY OF COLLIER BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA I, WILLIAM J. REAGAN, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier Co~L~ty, Florida, do hereby certify that the foregoing is a true original of.' ORDINANCE NO. 80-&3  hich. was adopted by the Boa_rd of County Commi-elonere durin$ Regular ese~on via emergency procedure on April 22, 1980, ,,~,t~v . .h. .nd an_d t he official mzls~oners o~ Co~.~.zar cou-nt7, Florida, this 22n~?Sr:A~[,,. 1980. DAP/ke/46-H 011 m 78, This ordtnanca f~.led w~.~:h ~:ha Sac~:at:&t'7 of S~:at:e~s 0£f~.ce t:ha 2~t:h day of Apri:]., 1980 and acknowledsament: of ce~.vecl t:h~.s 28t:h day of Apr~l, ].980.