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Ordinance 77-17 AN ORDINANCE RELATING ~ T~E ACO~SZTZO~, CO~- ~ STRUCT~ON, F~RN~S~[~G ~{P E~U~PP~NG OF COUNT~ ~/'~ CAPZTAL PR~ECTS OF COLLZER CO~TY, ~~t~I~,~AUTHORZZZN~ THE ISSUANCE OF ~~ PONDS OR A~R~ ~t~t% ~ERTIFICATES BY THE BOARD OF COU~Y CO[t~ISSIO:]ERS ~LU~t ~ ~-- ~ COLUIE~ CO~Y, F~RZDA, TO FINANCE TI~ COST · n~ t ~ 1R7~ ~r SUCH PROJECTS, PAYARLE F~I THE PO~IO:~ OF ~rn~ ..... ~E STATE OF F~RIDA'S ~E:~E SHARING TRUST ~NDS DISTRIbUTAbLE TO THE COU~ PURSUAt~ TO ~HAPT:R 218, PAR~ II, FLORIDA STATU~S~ PRO- VIDING AN EFFECTIVE DATE. ~E~AS, pursuant to Article VIII, Section I of the Constitution of the State of Florida and Section 125.01 et seq., Florida Statutes, the ~ard of County Co~fssfoners of Collier County, Florida, has all ~wers o~ local self-government to perfo~ county functions and to render county services 'in a manner not inconsistent with general or spec fa1 .law an~ such power ~y ~ exercised by the enac~ent of county ordinances; an~ ~E~S, ft fa necessary for the public health, safety and general t~lfare of the County and ~ts citizens that provision be ~de for the acquisition and construction of capital projects which se~e a county' purpose and for financing the cost o~ such proj~ts by the pledging of Revenue Sharing Trust Funds as herein defined; aha ~AS, no:ice o~ intent to consider this ordinance has been published and made available to the public fo~nsl~ctl~dn% by la~; now, therefore, BE IT ORDAINED BY T"E BOA~ OF COUNTY CO~'ISS'~Ie_~' _"~:~.S_ e '~% COLLIER COUNT, FLORIDA: SECTIOI~ 1. The Board of County Commissioners of~lier County, Flori]a (hereinafter referred to as the '~ard"} is hereby authorized to acquire, construct, furnish projects (hereinafter called "projects'). SECTION 2. To pay the cost of such projecte, as a~ve described, the ~oard certificates from time to time (hereinafter re~errcd to as 'obliga- tions"). Such obligations may be ~n cou~n ~o~, In such denomination or denoninations, bear interest at such rate or rat~s and shall mature at such time or times not e~ceedfna thirty {30~ years from 007 ,58 their date or dntes ns may be determined by the .Bonrd. The obliga- tions may be made redeemable before maturity, atTtN~iop~/on.~f the Doard, at such price or prices and under such terns and conditions as may be fixed by the Board prior to their issuance. The Board shall 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 certificates shall be signed either by manual or facsimile signatures of tho chairman and clerk of the Board, provided that such cert~ficates shall bear at least one (1) signature which is manually executed thereon, and the coupons attached to such certificates shall bear the facsimile signature or signatures of such officer or officers as shall be designated by the Board. The certificates shall have the seal of the BO&~d affixed, impri~ted, reproduced or lithographed there~n, all aS m~. be prescribed in the resolution or resolutions authorizing the.-..~ issuance thereof. The obligations may be sold at publiU:or p~at~ sale at ~uch price or prices as the ~oard shall determine to-:be .2,/ in its best interest, provided that such price shall be not less than ninsty~ve per cent=m (95%) of the pa~ value of the obliga- tions sold. SECTZON 3. The principal of and interest on the obliga- tions issued hereunder shall be payable from the port,on of the State of Florida's revenue sharing trust funds distr~butable to the County under the provisions of Chapter 21S, Part II, Florida Statutes and defined as the "Guaranteed Entitlement" portion thereof (herein called "aevenue Sharing Trust 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 or election in Collier 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 Florida. SEC?ION 6. The cost of the projects may be deemed to also include (but not be limited to), the cost of acquisition of -2- 0 0 CE] sites; legal, engLneering, fiscal, architectural fees and fees off any other experts or consultants employed by the Board; engineering or architectural studies, surveys, plans and ~esigns for the prelects; provisions for debb service re=erves; the expense of the issuance, authorization and sa~e of the obligations, including advertisements, notices and other proceedings in connection there- with; and such other expenses as are necessary, incidental or appurtenant to the purposes authorized hereunder. SECTION 7. The County does hereby covenant with the 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 funds 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 resoi~tion, ~ssue obliga- tions to refund any obligations issued pursuant to this ordinance and provide for the rights of the holders h, reof. Such refunding obligations may be issued in an amount sufficient to pay (a} the principal of the outstanding obligabions; (b) the interest due and payable on the outstanding obligations to and including the first date upon which the outstanding obligations shall be callable prior to maturity on 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 be deemed to repeal or supersede any other law or laws, but shall be considered as supplemental and additional authority for the Board to carry out and perform the powers authorized herein. SECTION 10. A certified copy of this ordinance, as enacted, shall be filed by the clerk with the office of the Secretary of State of the S~ate of Florida within ten {10) days after enactment, and this ordinance shall take effect upon receipt of official acknowledgement from the Secretary o~ ~tate that thia ordinance has been filed with said office. SECTION 11. 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 o~ the County. SECTION 12. Tho provisions of this ordinance are intended to be severable. If any one or more sections, paragraphs, sentences, clauses or provisions shall be held to bo ~11egal or invalid, the remaining sections, sentences, clauses and provisions o{ 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 13. ' All ordinances or parts thereof in conflict with the provfsions of this ordinance are, to the extent of such conflict, hereby repealed. SECTION 14. This Ordinance shall take effect upon receipt of notice from the Secretary of State that this Ordinance has been filed. PASSED AND DULY ADOPTED by the Board of County Commis- sioners of Collier County, Florida, this 5t__~_h day of A~r$l ., 1977. BOARD OF COUNTY COMMISSIONERS COLLIER COU~Y, FLORIDA Approved as to form and legal sufficiency~ Donald A. Pickworth Collier Co~lnty ~ttorney This ordinance filed with the Secretary of State's office the llth day of April, 1977 and acknowledgment of that filing received this 13th day of April, 1977. -4-