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Ordinance 77-58ORDINANCE NO. 77-58 AN ORDINANCE OF THE COUNTY OF COLLIER, FLORIDA PROVIDING FOR THE CREATION OF A WATER AND SE%.~R D~S~ICT IN COLLIER COUNTY, TO BE KNOWN AS THE M~ WATER AND SEWER DISTRICT, HAVING ALL THE W~ OF A COUNTY WATER AND SEWER DISTRICT F~ED PURSUANT TO CHAPTER 153, PART II, ~g..I~DA STATUTES; AND ALSO THE POWERS OF A ~PAL SERVICE BENEFIT OR TAXING UNIT PUR- Sd~AN~TO FLORIDA STATUTES, CHAPTER 125, AND A~RIZING THE UTILIZATION OF ALL THE POWERS GRANTED COUNTIES BY FLORIDA STATUTES, CHAPTER 153, PART II: PROVIDING FOR THE ACQUISITION AND CONSTRUCTION OF WATER DISTRIBUTION FACILITIES AND SEWAGE COLLECTION AND TREA~4ENT FACILITIES AND APPURTENANT FACILITIES IN SUCH DISTRICT: PROVIDING FOR THE LEVYING OF AD VALOREM TAXES AS AUTHORIZED BY LAW; PROVIDING FOR THE ISSUANCE OF REVENUE OR ASSESSMENT BONDS BY THE DISTRICT TO FINANCE THE COST THEREOF; PROVIDING FOR THE PAYMENT OF SUCH BONDS FROM REVENUES DERIVED FROM THE OPERATION OF SUCH FACILITIES AND/OR ASSESSMENTS AGAINST PROPERTIES SPECIALLY BENE- FITED BY SUCH FACILITIES AND ANY OTHER SPECIAL FUNDS AUTHORIZED TO BE PLEDGED BY SUCH CHAPTER 153, PART II; PROVIDING THE METHOD BY WHICH THIS ORDINANCE SHALL BECOME EFFECTIVE. WHEREAS, pursuant to Article VIII, Section 1 of the Constitution 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- government to perform County functions and to render ser- vices in a manner not inconsistent with general or spe~ ~ 'TI.. _ law and such power may be exercised by the enactment o~ ." = ~-- County ordinances; and ,,~ ~ ITl W1IEREAS, it is necessary for the public health, s~y ~ ~ and general welfare of the County and its citizens that provision be made for the acquisition and construction of water supply and distribution facilities and sewage collec- tion and treatment facilities and related facilities which serve a County purpose and for financing the cost of such projects; and ~IEREAS, it is necessary for the public health, safety and general welfare of the County and its citizens that a water and sewer district, having all the powers of a county water and sewer district under Chapter 153, Part II,'Florida Statutes, be created for such purposes for the unincorporated area of the County hereinafter described; and ~{EREAS, Section 125.01, Florida Statutes, provides that the governing body of a county shall have the power to establish special districts for any part or all of the county within which may be provided municipal services, and WHEREAS, Chapter 165, Florida Statutes, provides that the exclusive procedure for forming any special district created pursuant to general law for the purposes of perfor- ming prescribed specialized functions within limited boundaries shall be by special act of the legislature or by county ordinance of the county having Jurisdiction over the area affected; WHEREAS, Chapter 153, Part I, Florida Statutes provides that counties may, among other things, construct water and/or sewer system improvements, all as more particularly described in Florida Statutes, Section 153.03 and may establish water and sewer districts for the accomplishment of same pursuant to Section 153.08 and WHEREAS, said Chapter 153 Part I provides that said Part shall be deemed to provide an additional and alterna- tive method for the doing of the things authorized thereby; 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 meanings, unless some other meaning is plainly intended: (1) "Act" shall mean Chapter 153, Part II, Florida Statutes. (2) "Board" shall mean the Board of County Commissioners of the County. (3) "Bonds" shall mean the obligations issued by the District under the provisions of the Act and this Ordinance to pay the cost of a project or combination of one or more projects and payable from the revenues derived from the 007 operation of a project, or proceeds of assessments levied against properties specially benefited by a project or any other special funds authorized to be pledged as additional security therefor under the provisions of the Act, or payable from any combination of such revenues, assessments or ocher funds. (4) "Cost" shall have the same meaning as such term is defined in the Act. (5) "County" shall mean Collier County, Florida. (6) "District" shall mean the Marco Water and Sewer District hereby created. (7) "Project" shall include all property and rights, easements and franchises relating thereto and deemed n~ces- sary or convenient for the construction or acquisition or the operation thereof, and shall include the acquisition or construction of any water system and/or sewer system as defined in the Act and any combination thereof. SECTION 2. CREATION OF DISTRICT. The following des- cribed unincorporated contiguous area of the County is hereby declared to comprise the District, towit: Ail of Marco Island except th~ areas known as Old Marco Village and Goodland. The District shall be a body corporate and politic, having all the powers granted by the Act to a district created under the Act, and shall further have all the powers of a municipal services taxing or benefit unit as authorized by Florida Statutes, Section 125.01. The Board of the County shall be the ex officio governing board of the District. SECTION 3. DISTRICT TO SUCCEED EXISTING DISTRICT. All property, real and personal, rights, claims, franchise, licenses and other assets of every kind, and all liabilities and obligations of every kind, of the existing water and sewer district comprising the area described in Section 2 of this Ordinance or any part of said area are hereby vested in the District, which shall succeed such existing district; and such exiating district is hereby abolished. 007 SECTION 4. POWERS OF DISTRICT. The District shall have all the powers of a district under the Act, including but without limitation the power to acquire, construct, erect, equip, operate and maintain projects and finance the cost thereof with the proceeds of the bonds of the District. The District shall further have all the powers of a Municipal Service Taxing or Benefit Unit as authorized by Florida Statutes Chapter 125. SECTION 5. LEGISLATIVE INTENT. The intent of this Ordinance is to provide a means for financing the construc- tion of water and/or sewer systems within the lands des- ; cribed herein. For administrative convenience it is desired to accomplish these things through the creation of a district pursuant to Part II, Chapter 153, Florida Statutes. In doing so, the Board recognizes the apparent conflict between Part II, Chapter 153, Florida Statutes, which provides certain procedures for the creation of a district including petition, public hearing and referendum, and Chapter 165, Florida Statutes, which provides that special districts may be created only by ordinance or special act and further provides that this shall be the exclusive method of creating special districts and thaC all general or special laws in conflict with said Chapter 165 are ineffective to the extent of such conflict. The Board further recognizes that Chapter 125, Florida Statutes, empowers the Board of County Commissioners to create districts for the provision of municipal services including water and sewer systems, and that Part I, Chapter 153, Florida Statutes contains a general grant of power to counties to do tke things authorized therein, said powers being deemed supplemental and additional to the powers conferred by other laws. Accordingly, it is the consensus of the Board, and the Board does hereby declare, that if the creation of a district pursuant to Part II, Chapter 153, Florida Statutes as ordained herein shall be declared by a court of competent Jurisdiction to be null and void as being 007 unlawfully created by ordinance, then this district shall be deemed created pursuant to Chapter 125, Florida Statutes, with all the powers as provided therein, supplemented by the powers granted counties pursuant to Part I, Chapter 153, Florida Statutes, and the lands described herein shall be known as the Marco Water and Sewer District by whatever authority created, and all acts and things done by the Board of County Commissioners as the governing board of the Marco Water and Sewer District shall be deemed to be done pursuant to the authority granted by Part II, Chapter 153, Florida Statutes, Part I, Chapter 153 Florida Statutes, or Chapter 125 Florida Statutes as may be appropriate. SECTION 6. EFFECTIVE DATE. This Ordinance shall take effect as provided by law. PASSED AND DULY ENACTED BY THE BOARD OF COUNTY COMblIS- SIONERS OF COLLIER COUNTY, FLORIDA this 15th day of November, , .1977. · ~ , ~.?~' . ... ,~.~., BOARD OF COUNTY COMMISSIONERS COLLIER J~OUNTY, FLORIDA C( ~.-"Russ'~ ~im~r, Chairman Approved as ~and legal ,~,-DOfi~ld~A~PickwOrth Collier County Atto~ey STATE OF FLORIDA ) COUNTY OF COLLIER ) I, William J. Reagan, Clerk of Courts in and for the ~,zentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true original of Ordinance No. 77-58 x~htch was adopted by the Board of County Commissioners during Kegu).ar Session November 15, 1977. WETNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 16th day of November, 1977. WILLIA24 J. REAGAN Clerk of Courts and Clerk This ordinance filed with the Secretary Ex-officio to Board of of State's office the 18th day of Novem- County Cgmm bmr, 1977 and acknowledgment of that /_'.~.-~----'~~~-..~~~,...' ~[~'" · filing received this 28th day of Nov~- By _ ber, 1977. '' D~%lty - ,