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Ordinance 80-051 COUNTY ORDINANCE NO. AN EMERGENCY ORDINANCE O" COLLIER COUNTY, FLORIDA, PROVIDING FOR THE ACQUISITION AND CONSTRUCTION OF COUNTY TRANSPORTATION, ROADS AND RELATED PRO- JECTS; PROVIDING FOR TIlE ISSUANCE OF REVENUE BONDS BY THE COUNTY OF COLLIER, FLORIDA, TO FINANCE THE COST THEREOF; PROVIDING FOR THF~ZR c~ PAYMENT FROM REVENUES~ IF ANY, DERIVED FRO~TH~ SEVENTH CENT GAS TAX ALLOCATED TO T.E COUN~%~O Tile NINTH CENT GAS TA~( IMPOSED ~ THE COUN~!~%~"_ AND ANY OTtlER SPECIAL FUNDS AUTHORIZED TO ~ ~ PLEDGED DERIVED FROM SOURCES OTHER T~AN AD~ ~ ~ VALOREM TAXATION; PROVIDING FOR THE RIGHTS %F'~ ~ THE }IOLDERS OF SUCH BONDS; PROVIDING THE M~O~_' BY WHICH THIS ORDINANCE S~ALL BECOME EFFE~ c:~ WIIEREAS, pursuant to Article VIII, Section 1 of the Con- stitution of the State of Florida and Section 125.66, Florida Statutes, the Board of County Commissioners of Collier County, Florida, has all powers of local self-gover'~ment to perform County functions and to render services in a manner not ~ncon- sistent with general or special law and such power may be cisud by the enactment of County ordinances; and WHEREAS, it is necessary for the public health, safety and general welfare of the County and ~.ts citizens that p=ovis~on be made for the acquisition and construction of rights of way, County transportation, roads and related projects which serve County purpose and for financing the cost of such projects; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA~ SECTION 1. DEFINITIONS. As used in this ordinance, the following words and terms shall have the following mean~gs, some other meaning is plainly intended~ (1) The word "County' shall mean Collier CountyA Florida. (2) The term "Board" shall mean the Board of Coun~ Comminntoners of Collier County, Florida. (3} The term "project' shall include all property, rights, easements and franchises relating thereto and deemed necessary or convenient for the construction o~ acquisition o~ the operation thereof, and shall include the acquisition or construction of transportation facilities, the construction, reconstruction and maintenance of roads and the construction and reconstruction of transportation related public safety activities. and the maintenance and operation of transportation facilities, which serve a County purpose. (4) ~e term "bonds" shall mean the obl£ge=ions issued by the County under the provisions of this Ordinance to pay =he cost of e prelect or combination of one Or more pro, acts and payable from the revenues derived from =he operation of the pro- Ject, if any, the seventh cent gas tax allocated to Collier County and the ninth cant gas =ax imposed by the Count7 and an7 other special funds authorized to be pledged as additional security therefor under this Ordinance. (5) "Seventh cent gas tax" shell mean the tax of one cent ($.01) per 8ellen on motor fuel levied by Sec=ion 206.60, Florida Statutes, and specie1 fuel levied by Sec=ion 206.87, Florida Statutes, and allocated to the County pursuant to th, provisions of subsection (2)(b) of Section 206.60 and subsection (2) of Section 206.875, Florida Statutes. (6) "Ninth cent gas tax" shall mean the tax of one cent ($.01) per 8allen on motor fuel and special fuel imposed by the County pursuant to Section 336.021, Florida Statutes, approved at a County-wide referendum on March 11, 1980, and taxed and collected under Chapter 206, Florida Statutes, as provided in County Ordinance No. 80-_~enacted June 3, 1980. (?) "Gas taxes" shall mean, collectively, the seventh cent ~as tax and the n~nth cent Ea~ tax. (8) The term "cost of a prelect" shall mean the cost of acquiring or constructing such pro~ect, and the cost of improve- ments, and s~all include the cost of all labor and materials, the cost of all lands, property, rights, easements, and franchises acquired, which are deemed necessary for such acquisition or con- struction, the cost of all machinery and equipment, financinS eh~r~es, interest prior to end durin~ construction end for one year after the completion of construction, bond discount~ if any, engineering and legal expenses, cost o£ plans, specifications, surveys, estimates of construction costs and of revenues, other expenses necessary or incident to determining the feasibility or practicability of such acquisition or construction, administra- tive expenses, and such other expenses al maM be necessary or incident to the financing herein authorized and to such acquisition or construction and the placing of the project in operation. SECTION 2. GENERAb PO~ERS. The County is herebM autho- rized and empowered~ (1) To acquire by purchase or to construct, or pertly acquire and partly construct, and to improve, repair, reconstruct, own, operate and maintain any proJect~ provided, however, that no such project may be constructed, owned, operated or maintained by the County on property located within the corporate limits o~ any municipality ~lthout ~he consent of the qovernin~ body of such municipality. (2) To issue bonds to pay the cost of a project payable from the revenues derived from the operation of a project, if any, and the ~ss taxes, or either or any portion thereof~ any other special funds pledged therefor as provided herein, excepting only ad valorem taxes upon real property. {3) To fix end collect rates, fees, tolls, rentals or other char~es for the services smd £acilitles £urnished bM such project to the extent applicable. ~) To acquire in the name of the County, either bM purchase or the exercise of the right o~ eminent domain, such lands and rights and interest therein, includin9 lands under water and riparian rights, and to acquire such personal property, as it may deem necessary in connection with the construction, construction, improvement, extensiom, enlargement, operation or maintenance o~ a~,y project. (S~ To ma~ and enter into all contracts and agreements neces~ary or incidental to the performance o~ its duties and the execution of its powers under this ordAnance, and to emploM such consulting engineors, attorneys, accountants, construction and ,. financial experts, superintendents, managers, and other employee~ and agents as may, in the judgment of the Board, be deemed neces- sary, to fix their compensation. (6) To receive and accept from any federal or State agency grants for or in aid of the planning, construction, recon- struction or financing of any project, and to receive and accept aid or contributions from any source of either money, property, labor or other things of value, to be held, used and applied only for the purposes for which such grants and contributions may be made. SECTION 3. NEITHER CREDIT NOR TAXING POWER PLEDGED. (1) Bonds issued under the provisions of this ordinance shall not be deemed to constitute a debt of the County or a pledge of the f. ith and credit of the County, but such bonds shall be payable from the project revenues, if any, and the gas taxes, or either or any portion thereof, and any other special funds pledged for the payment of such bonds as provided herein. All such bonds shall contain a statement on their face to the effect that the County is not obligat3d to pay the sams or the interest thereon except from the funds provided for in this ordinance, and that the faith and credit of the County are not pledged to the payment of the principal or interest of such bonds. (2) The issuance of bonds under the provisions of this ordinance shall not directly or indirectly or contingently obli- gate the County to levy or to pledge any fo~ of ad valorem taxa- tion upon real property therefor. No holder of any such bonds shall ever have the right to compel any exercise of the ad valorem taxing power on the part of the County to pay any such bonds or the lnterect thereon or to enforce payment of such bonds or the interest thereon against any property of the County, nor shall such bonds constitute a charge, lien or encumbrance, legal or equitable, upon any property of such County, except such funds pledged for the payment of such bonds. SECTION 4. PURCHASE OF PROJECTS. The Board is hereby authorized to acquire by purchase, whe~evar it shall deem such purchase expedient, any project as hersinabove defined, or any such project, wholly or partly constructed, and any franchise, easements, permits and contrac=s for =he cons=ruc=ion of any such project, upon such terms and at such prices as may be reasonable and can be agreed upon be=ween =he Board and =he owner =hereof, title to be taken in the name of =ha County. The Board may issue bonds, as hereinafter provided, =o pay =he cost of the acquisi=ion of such project. SECTION 5. BONDS. (1) THe Board shall have =ha power and i= ishereby authorized to provide by resolu=ion, at one time or from time time, for thc issuance of bonds for =he purpose of paying all or a part of tbs cost, as hereinabove defined, of any one or more projects, or any combination thereof as a single proJec=. The principal and in=erest of such bonds may be payable solely from the proceeds of the project revenues, if any, the gas taxes or either or a portion of such gas =axes and any o=her special funds authorized to be pledged as additional security =harefor under this Ordinance for such payment, or a combine=ion of any or all of such sources, in =he Board's discre=lon. The bonds of each issue shall be dated, shall bear in=ares= at such shall mature at such time or times no= exceeding ~hirty (30) years from June 1, 1980, as may be determined by the Board, and may be made redeemable before ma=urity, at the op=ion of the County, at such price or prices and under such terms and con- ditions as may be fixed by the Board prior to the issuance of the bonds. The Board shall determine the form of the bonds and =he interest coupons to be attached =here=o, the manner of executing =he bonds and coupons, and shall fix the denomina=ion or denomina- tions of the bonds and the place or places of paymen=s of the principal and interest which may be a= any bank or =rue= company within or without the S=ate of Florida. In case any officer -5- whose signature or a facsim£1e of whose signature shall appear on any bonds or coupons shall cease to be such officer heifers the delivery of such bonds, such signaturs or such facsimile shall nevertheless be valid and sufficient for all purposes the same as if he had remained in office until such delivs~y.' All bonds issued under the provisions of this ordinance shall have and are hereby declared to be and to have all the qualities and incidents of negotiable instruments under the laws of the State. Provision may be made for the registration of any of the bonds in the name of the owner as to principal alone and also as to both principal and interest, and for the reconversion of any of the bonds registered as to both principal and interest into coupon bonds. Such bonds may be issued without regard to any limitation on indebtedness prescribed by any law and shall not be included in the amount of bonds which the County may be authorized to issue under any statute. The Board may sell such bonds in such manner and for such price as it may determine to be for the best interest of the County. Prior to the preparation of definitive bonds, the Board may, under like restrictions, issue interim receipts, interim certificates, or temporary bonds, with or without coupons, 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 destroyed or lost. Such 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. (2) The proceeds of such bonds shall be used solely for' the payment of the cost of the project, and shall be disbursed in such manner and under such restrictions, if any, as the Board may provide. If the proceeds of such bonds, by error of estimates or otherwise, shall be less than the cost of the project, additional bonds may in like manner be issued to provide the amount of such deficit, and, unless otherwise provided in the resolution, shall be doemed to be of the same issue and .hall be entitled to payment from the same fund without preference or priority of the bonds first Issued for the same project. If the p~oceeds of bonds issued for any project shall exceed the cost thereof, the surplus may be paid into the fund provided fo= the payment of pr~ncipal of and the interest on such bonds or for any lawful purpose. (3) In the event that the County heretofore acquired or constructed a project as hereinabove defined, and, to pay the cost of such acquisition or construction thereof, shall have issued bonos payable from the funds ~rov~ded for herein, and in the further event that the County shall desire to construct addi- tions, extensions, Improvements or betterments to such project or to acquire by purchase or to construct an additional project and to combine such additional project with the project theretofore purchased or constructed, and to refund such outstanding bonds, the County may provide for the issuance of a single issue of bonds under the provisions of this ordinance for the combined purposest (a) (b) of refunding such bonds then outstanding, and of constructing such ddditiona, extensions, improve- manta or betterments or of acquiring by purchase or of constructing such ~dditional pco]ect, and the principal of and interest on such bonds shall be payable from the funds pledged therefor as provided herein. (4) The resolution providing Eot the issuance of the bonds may ~lso contain such ~tmttations upon the lseuance of a~di- ttonal bon~s as the Ooard may deem proper, and such additional bonds shall be issued under such restrict~one and l~mitations as may be p~escribed by such resolution, A~i moneys received from any bonds issued and sold under the provis~ons of th~s ordinance sh=ll be applied solely for the purposes for ~hich the bonds shall be authorized or to the sinking £und created for the 9aymQnt of such bomds. SECTION 6. PLEDGE OW SEvENTH CENT GAS TAX AND NINTH CENT GAS TAX. (1) The County may pledge the proceeds of the seventh cent ga8 tax and/or the ninth cent gas tax, as defi~ed herein, or portions thereof as security for the payment of the principal of and interest on any bonds issued hereunder, or for reserves for such debt service. (2) In the event of the pledge of such seventh cent gas tax and/or ninth cent gas tax, as provided herein, such pledge shall be and constitute a valid end legally binding contract between the County and the holders of such bonds as the case may be, and the County shall be obligated to continue to receive and apply s~.d gas taxes, or either or a portion thereof, in accordance with the proceedings which authorized the issuance of the bonds for which said gas taxes are so pledged as security as long as any of said bonds are outstanding and unpaid. The County shall likewise be obligated to collect and apply all revenues, if any, derived from said project in accordance with proceedings authorizing the issuance of said bonds. ' SECTION 7. TRUST FUNDS. Ail moneys received pursuant to the authority of this Ordinance, whether as proceeds from the sale of bonds or as revenues, shall be held by tbs County or its agent in trust for the benefit of the holders from time to time of any bonds issued pursuant to this Ordinance. SECTION 8. REMEDIES OF BONDHOLDERS. Any holder of bonds issued under the provisions of this Ordinance or any of the coupons attached thereto, except to the extent the rights herein given may be restricted by resolution passed before the issuance of the bonds, may 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 Ordinance, or by such resolution, to be performed by the County or the Board, or by any officer thereof. SECTION 9. ADDITIONAL SECURITY. The County may additionally pledge for the payment of the principal o~ and interest on any bonds issued hereunder any funds of the County legally available for such purpose buC der£ved from sources other than ad valorem taxation upon real property. SECTION 10. This Board does hereby declare chaC an omergancy exists and thaC immediate enactment of Chie Ordinance is necessary, and by no less than £our-fi£chs (4/5) vote of the membership o£ cbs Board does hereby waive notice o£ intent to consider Chis Ordinance. SECTION 11. A certified copy of this Ordinance, as enacted, shall be filed by the Clerk of the Board with the Department o£ State of the State of Florida, as soon after enact- ment as is practicable by depositing'the same with the postal authorities of the Government of the United States for special delivery by re&istered mail, postage prepaid, Co the Florida Department of State. This Ordinance shall take effect when a copy has been accepted by the postal authorities of the Government o£ the United Scares £or special delivery by registered mail to the Florida DePartment of State. PASSED AND DULY adopted on this 3r~ day of June, 1980. BOARD OF COUNTY COM}tlSSIONERS COLLIER COUNTY, FLORIDA Collier County Attorney This onttnance filed with the Secretary of State's Office this 6th day of June, lg80 and acknowledgement of that filing received this 9th day of ~une, 1980. oox 011 b'rATl! OF FM)RIDA ') COUNTY OF COLLIER I, WILLI&~t J. III~C,~, Clerk o£ Courts in ~nd £or the A~ntioth Judicial Circuit, Collier Count),, Florida, do hereby certify that the foregoing is a true original of: ~vhich was adopted by the Board of County Ce~nissioners during Regular Session via emeregncy procudurea an the 3rd day of June, 1980. IIITN]~,SS my hand and tho of£tcial seal of the Board of Co~mty Co~tssioners of Collier County, Florida, this WILLIAm! J. RFAC.~ Clerk of Courts and Clerk l~x-officto to Board of Court t~ Cc~/t~stoners , ~,/ . ..,,~I~.;;-, : ~:.~ . ;::. ;:!.: ,, ,~;... · ._.,, .....~ ?~....' ........ ,U~