1 | A bill to be entitled |
2 | An act relating to the Gasparilla Island Bridge Authority, |
3 | Lee and Charlotte Counties; amending chapter 2000-425, |
4 | Laws of Florida; renaming the authority; providing that |
5 | the district is an independent special district; revising |
6 | vote requirements for the election of the voting members |
7 | of the board of supervisors; revising the district's |
8 | fiscal year; providing an effective date. |
9 |
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10 | Be It Enacted by the Legislature of the State of Florida: |
11 |
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12 | Section 1. Sections 1 through 23 of section 2 of chapter |
13 | 2000-425, Laws of Florida, are amended to read: |
14 | Section 1. LEGISLATIVE FINDINGS.-It is declared as a |
15 | matter of legislative determination that the residents of |
16 | Gasparilla Island and its neighboring islands have a vital |
17 | interest in the operation and the continued maintenance and |
18 | improvement of the bridge and causeway linking the islands to |
19 | the mainland. The bridge and causeway were constructed in 1952 |
20 | by a private company. That company and its successors have |
21 | operated the bridge and collected tolls since 1952 under a 50- |
22 | year lease from the state which expires in May 2002. The |
23 | residents of Gasparilla Island are the primary users of the |
24 | bridge and pay the majority of tolls collected for its continued |
25 | maintenance. It is the intent of the Legislature to create an |
26 | independent special district authority on Gasparilla Island and |
27 | surrounding islands, in both Lee and Charlotte Counties, with |
28 | overall responsibility for the ownership, operation, |
29 | maintenance, repair, and reconstruction of the bridge and |
30 | causeway connecting Gasparilla Island with the mainland in |
31 | Charlotte County, thereby creating an organization to permit the |
32 | continuing responsibility on the part of the residents of |
33 | Gasparilla Island and surrounding islands for the operation, |
34 | maintenance, repair, and reconstruction of the bridge and |
35 | causeway. This act shall be known as "The Gasparilla Island |
36 | Bridge Agency Authority Act." |
37 | Section 2. AGENCY AUTHORITY CREATED.-There is hereby |
38 | created and established an independent special district and a |
39 | local governmental body, corporate and politic, to be known as |
40 | the Gasparilla Island Bridge Agency Authority. The boundaries of |
41 | the district authority shall include: all of Gasparilla Island, |
42 | including Boca Grande Isles and Gasparilla Golf Course Island, |
43 | Three Sisters Island, Hoagen's Key, Loomis Island, and Cole |
44 | Island situated in Lee County and Charlotte County including all |
45 | adjacent submerged lands, tidal lands, overflow lands, and tidal |
46 | ponds hereinafter referred to as the "islands," and the |
47 | following described lands located on or between the islands and |
48 | the mainland of Charlotte County, Florida: |
49 | Parcel I: |
50 | That real property described in the Final Judgment |
51 | entered in Condemnation Suit, Case #1048 entitled |
52 | Florida Bridge Company, Plaintiff -vs- Sunset Realty |
53 | Corporation, Defendant, Circuit Court, Charlotte |
54 | County, Florida, said judgment being dated June 18, |
55 | 1958, recorded June 13, 1958, in O.R. Book 39 at Page |
56 | 178, et. seq., of the Public Records of Charlotte |
57 | County, Florida, which property is more particularly |
58 | described as follows: A parcel containing 3.4937 acres |
59 | of land, lying and being in Charlotte County Florida, |
60 | lying 15' on either side of the following described |
61 | centerline: |
62 | Commencing at the intersection of Sections 26, 27, 34 |
63 | and 35, Township 42 South, Range 20 East; thence North |
64 | 89°47'36" West, 292.84 feet; thence North 22°39'51" |
65 | West 147.19 feet; thence North 16°28'24" East, 1,105.2 |
66 | feet to the South end of the South relief bridge as |
67 | constructed by the Florida Bridge Corp. under its |
68 | franchise, to point of beginning; thence from said |
69 | point of beginning South 16°28'24" West 286.85 feet to |
70 | a point of curvature; thence Southeasterly along a |
71 | curve whose radius is 2,864.79 feet, an arc distance |
72 | of 1,956.88 feet to a point; thence South 21°56'21" |
73 | East 800 feet to the center of the County road |
74 | pavement as exists at present, crossing the 30' R/W |
75 | line of said County road 157.6 feet North of the point |
76 | as established in the center of said County road, all |
77 | lying a being in Sections 26, 27, 34 and 35, Township |
78 | 42 South, Range 20 East, Charlotte County, Florida. |
79 | Parcel II: |
80 | The following described lands (herein Parcels A, B, C, |
81 | and D, respectively) situated in Charlotte County, |
82 | Florida: |
83 | Parcel A. Those lands described in instrument dated |
84 | November 26, 1954, between Boca Grande Inn, Inc., a |
85 | Florida corporation, and Florida Bridge Company, a |
86 | Florida corporation, recorded April 11, 1958 in O.R. |
87 | Book 36, Page 211 et. seq. Of the Public Records of |
88 | Charlotte County, Florida, more particularly described |
89 | as follows: |
90 | A strip or parcel of land in Section 12, Township 42 |
91 | South, Range 20 East, which strip or parcel is 33 feet |
92 | on each side of, as measured at right angles to, the |
93 | following described center line: From the intersection |
94 | of the centerline of the Seaboard Air Line Railroad |
95 | (Charlotte Harbor and Northern Railroad) with the |
96 | center line of Florida State Road No. 775 in said |
97 | Section 12, run North 59°01'06" West, (being the same |
98 | line as shown as having a bearing of North 58°59' West |
99 | on the right-of-way map of said State Road) along the |
100 | center line of said State Road No. 775 for 1,260 feet |
101 | to a point of curve of a curve to the right; thence |
102 | continue along the tangent of said curve for 111.93 |
103 | feet to a point; thence run South 01°00'54" West for |
104 | 55.64 feet to a point on the South right-of-way line |
105 | of State Road No. 775 and the point of beginning of |
106 | the center line of the lands hereby conveyed; from |
107 | said point of beginning continue South 01°00'54" West |
108 | for 1,049.49 feet to the point of curve of a curve to |
109 | the right having a radius of 2,864.79 feet; thence run |
110 | Southerly to Southwesterly along the arc of said curve |
111 | for 420 feet, more or less, to the mean high water |
112 | mark of Gasparilla Sound. All bearings hereinabove |
113 | mentioned are plane coordinate bearings for the |
114 | Florida West Zone. |
115 | Parcel B. Those lands described in Grant of Right-of- |
116 | Way from the Trustees of the Internal Improvement |
117 | Trust Fund of the State of Florida to Florida Bridge |
118 | Company, Inc. dated December 30, 1954, bearing |
119 | instrument no. 20840, recorded January 26, 1955, in |
120 | O.R. Book 1, Page 146 et. seq. of the Public Records |
121 | of Charlotte County, Florida, as amended, more |
122 | particularly described as follows: |
123 | CAUSEWAY RIGHT-OF-WAY |
124 | Lands for highway right-of-way purposes across the |
125 | submerged bottoms of Gasparilla Sound from the mean |
126 | high water mark of said Sound on the mainland at the |
127 | town of Placida to the mean high water mark on |
128 | Gasparilla Island, said lands being 300 feet wide on |
129 | each side of, as measured at right angles to, a center |
130 | line, more particularly described as follows: |
131 | Commence at the intersection of the center line of the |
132 | S.A.L. R.R. and the center line of S.R. No. 775 in |
133 | Section 12, Township 42 South, Range 20 East, |
134 | Charlotte County, Florida. |
135 | Thence North 59°01'06" West along the center of said |
136 | S.R. No. 775 1,260 feet the P.C. of a curve to the |
137 | right; |
138 | Thence continue along the tangent to said curve 111.93 |
139 | feet to a point; |
140 | Thence South 01°01'09" West 900 feet, more or less, to |
141 | the mean high water mark of Gasparilla Sound, said |
142 | point being the point of beginning of the easement |
143 | herein granted; From P.O.B. continue South 01°01'09" |
144 | West 593.95 feet to a point in Gasparilla Sound, said |
145 | point being 930 feet from, as measured at right angles |
146 | to, the center line of said S.A.L. R.R.; |
147 | Thence South 16°28'24" West parallel to and 930 feet |
148 | from said center line 8,743 feet to the mean high |
149 | water mark of Gasparilla Sound on Gasparilla Island, |
150 | said high water mark being the terminus of this center |
151 | line. |
152 | AND |
153 | An area on the Northwesterly side of the causeway |
154 | center line beginning 100 feet off shore from the |
155 | Placida side of Gasparilla Sound and extending |
156 | Southwesterly parallel to the center line of said |
157 | causeway for a distance of 4,000 feet. The |
158 | Northwesterly limits of said area shall be not more |
159 | than 1,500 feet from said center line and the |
160 | Southeasterly limits shall be not less than 1,000 feet |
161 | from said causeway center line. |
162 | AND |
163 | An area on the Southeasterly side of the causeway |
164 | center line beginning 100 feet off shore from the |
165 | Placida side of Gasparilla Sound and extending |
166 | Southwesterly parallel with center line of causeway |
167 | for a distance of 9,000 feet. The Southeasterly limits |
168 | of said area shall be not more than 600 feet from said |
169 | center line and the Northwesterly limits shall be the |
170 | right-of-way for causeway. |
171 | LESS AND EXCEPT FROM PARCEL B THE FOLLOWING: |
172 | The lands conveyed by Robert L. King and Carroll C. |
173 | Cozart, as personal representative of the estate of |
174 | Robert T. Cozart, deceased, to Gasparilla Pass, Inc. |
175 | by deed dated July 16, 1981, recorded July 16, 1981 in |
176 | O.R. Book 672 at Page 1045 et. seq. of the Public |
177 | Records of Charlotte County, Florida, more |
178 | particularly described as follows: |
179 | A tract of parcel of land lying in Section 26, |
180 | Township 42 South, Range 20 East, Charlotte County, |
181 | Florida which tract or parcel is described as follows: |
182 | From the Southwest corner of said Section 26 on |
183 | Gasparilla Island as shown on the plat of Gulf Shores |
184 | North recorded in Plat Book 13 beginning at Page 9A, |
185 | Charlotte County Records run North 89°45'15" West |
186 | along the South line of Section 27 as shown on said |
187 | plat for 82.13 feet to an intersection with the |
188 | centerline of Gasparilla Road (50 feet wide); thence |
189 | run Northerly along said centerline as shown on said |
190 | plat along the arc of a curve to the right of radius |
191 | 2,864.79 feet (chord bearing North 05°14'34" East) for |
192 | 1,123.99 feet to a point of tangency; thence continue |
193 | along said centerline North 16°28'45" East, parallel |
194 | with and 930 feet Westerly from (as measured on a |
195 | perpendicular) the centerline of the Seaboard Coast |
196 | Line Railroad, for 527.77 feet to the Northerly end of |
197 | the South Relief Bridge on the Boca Grande Causeway; |
198 | thence continue North 16°28'45" East along said |
199 | centerline as described in instruments recorded in |
200 | Official Records Book 1 at Page 145, Official Records |
201 | Book 7 at Page 177, and Official Records Book 479 at |
202 | Page 817 of said public records for 2,549.58 feet to |
203 | the southerly end of the Center Relief Bridge and the |
204 | Point of Beginning of lands described in said |
205 | instrument recorded in Official Record Book 479 at |
206 | Page 817 and the Point of Beginning of the herein |
207 | described parcel. |
208 | From said Point of Beginning run South 79°31'15" East |
209 | for 37 feet more or less to the approximate mean high |
210 | tide line of Charlotte Harbor, thence run |
211 | Southeasterly, Southerly, Southwesterly, Southerly, |
212 | Southeasterly, Southerly, Southwesterly, Southerly, |
213 | Southeasterly, Southerly, Southwesterly, Southerly, |
214 | Southeasterly, Southerly, Southwesterly, Southerly, |
215 | Southeasterly, Southerly, Southwesterly and Westerly |
216 | along said approximate mean high tide line for 3,000 |
217 | feet more or less to a concrete seawall on the |
218 | easterly line of the Florida Bridge company right-of- |
219 | way (120 feet wide); thence run Southerly and |
220 | Southwesterly along said seawall to an intersection |
221 | with an easterly prolongation of the Northerly end of |
222 | said South Relief Bridge; thence run North 73°31'15" |
223 | West along said prolongation, said North line and a |
224 | Westerly prolongation of said North line for 85 feet |
225 | more or less to the approximate mean high tide line of |
226 | Gasparilla Pass; thence run-along said approximate |
227 | mean high tide line Northwesterly, Northerly, |
228 | Northeasterly and Northerly for 2,650 feet more or |
229 | less to an intersection with the Westerly prolongation |
230 | of said South line of said Center Relief Bridge; |
231 | thence run South 73°31'15" East along said |
232 | prolongation and said South line for 45 feet more or |
233 | less to the Point of Beginning. |
234 | Bearing hereinafter mentioned are Plan Coordinate for |
235 | the Florida West Zone. |
236 | ALSO LESS AND EXCEPT FROM PARCEL B THE FOLLOWING: |
237 | The lands conveyed to A.E. Blackburn and his wife, |
238 | Mary M. Blackburn, Robert S. Maynard and Mildred M. |
239 | Maynard and Samuel Schuckman and Lucile Schuckman by |
240 | deeds recorded in O.R. Book 13, Page 360, O.R. Book |
241 | 42, Page 502 and O.R. Book 43, Page 353 of the Public |
242 | Records of Charlotte County Florida: |
243 | From the meander corner between Section 22 and 27, |
244 | Township 42 South, Range 20 East, on Little Gasparilla |
245 | Island, as established in 1908 by Charles M. Pidgeon, |
246 | run East 618 feet to a point for point of beginning. |
247 | Thence as follows: |
248 | North 3°30' East, 420 feet, |
249 | North 42°00' East, 290 feet, |
250 | North 70°30' East, 660 feet, |
251 | South 62°00' East, 930 feet, |
252 | South 45°30' East, 380 feet, |
253 | South 66°30' East, 660 feet, |
254 | South 5°00' East, 515 feet, |
255 | South 76°00' West, 575 feet, |
256 | South 62°00' West, 910 feet, |
257 | North 76°30' West, 1180 feet, |
258 | North 4°30' West, 935 feet, |
259 | to a Point of Beginning containing 82.20 acres more or |
260 | less; |
261 | ALSO LESS AND EXCEPT FROM PARCEL B THE FOLLOWING: |
262 | A portion of the lands described in warranty deed from |
263 | Bert L. Cole and Helen Cole, husband and wife, to |
264 | Brunswick Corporation dated January 2, 1973, recorded |
265 | January 2, 1973 in O.R. Book 407, Page 766 and fee |
266 | simple deed dated September 1, 1972 in O.R. Book 401, |
267 | Page 882 of the Public Records of Charlotte County, |
268 | Florida, more particularly described as follows: |
269 | Commence at the N.W. corner of Section 12, Township 42 |
270 | South, Range 20 East, Charlotte County, Florida; |
271 | thence South 0°11'00" West along the West line of said |
272 | Section 12, 2073.74' to a point on the Southeasterly |
273 | right-of-way (100' right-of-way) of State Road No. |
274 | 775; thence South 48°03'00" East along said right-of- |
275 | way 941.68' for a point of beginning; thence continue |
276 | South 48°03'00" East, 209.58' to the Point of |
277 | Curvature of a curve to the left, said curve having a |
278 | central angle of 10°56'00" and a radius of 1,960.08'; |
279 | thence along the arc of said curve a distance of |
280 | 374.09' to the Point of Tangency; thence South |
281 | 0°11'00" West, 979.29' thence North 80°34'09" West, |
282 | 948.20'; thence North 0°41'48" West, 699.41'; thence |
283 | North 45°16'45" East, 690.82' to the Point of |
284 | Beginning. |
285 | Less all that part of the above described lands lying |
286 | East of the West boundary of the right-of-way of the |
287 | Boca Grande Causeway. |
288 | All lying and being in Section 12, Township 42 South, |
289 | Range 20 East, Charlotte County, Florida. |
290 | ALSO LESS AND EXCEPT FROM PARCEL B THE FOLLOWING: |
291 | A portion of the lands described in warranty deeds |
292 | from Placida Sound Corporation to James O. Dixon, Jay |
293 | D. Moser and Janice D. Parrish dated January 19, 1979, |
294 | recorded January 22, 1979, in O.R. Book 593, Page 1713 |
295 | and deeds recorded in O.R. Book 671, Page 1915 and |
296 | O.R. Book 671, Page 1914, Public Records of Charlotte |
297 | County, Florida, more particularly described as |
298 | follows: Commence at the Northwest corner of Section |
299 | 12, Township 42 South, Range 20 East, Charlotte |
300 | County, Florida; thence South 0°11'00" West, along |
301 | West boundary of said Section 12, 2,952.87 feet; |
302 | thence South 41°59'07" East 317.87 feet; then South |
303 | 0°41'48" East, 699.41 feet for a P.O.B.; thence |
304 | continue South 0°41'48" East, 602.98 feet; thence |
305 | South 76°03'07" East 730.00 feet to a point on the |
306 | Westerly R/W of Boca Grande Causeway (66'R/W) thence |
307 | Northerly along said R/W 651.18 feet to a point that |
308 | bears North 8°14'06" East from the previous course; |
309 | thence North 80°34'09" West 820.17 feet to the Point |
310 | of Beginning. All lying and being in Section 12, |
311 | Township 42 South, Range 20 East, Charlotte County, |
312 | Florida. |
313 | Parcel C. Those lands described in Right-of-Way from |
314 | A. E. Blackburn and Mary M. Blackburn, husband and |
315 | wife, to Florida Bridge Company dated July 5, 1956, |
316 | recorded in O.R. book 118, Page 675 of the Public |
317 | Records of Charlotte County, Florida, more |
318 | particularly described as follows: |
319 | A strip of land 33 feet on each side of the center |
320 | line of Florida Bridge Company causeway across the |
321 | Easterly part of the following described property: |
322 | From the meander corner between Section 22 and 27, |
323 | Township 42 South, Range 20 East, on Little Gasparilla |
324 | Island, as established in 1908 by Charles M. Pidgeon, |
325 | run East 618 feet to a point for point of beginning, |
326 | Thence as follows: |
327 | North 3°30'East, 420 feet, |
328 | North 42°00' East, 290 feet, |
329 | North 70°30' East, 660 feet, |
330 | South 62°00' East, 930 feet, |
331 | South 45°30' East, 380 feet, |
332 | South 66°30' East, 660 feet, |
333 | South 5°00' East, 515 feet, |
334 | South 76°00' West, 575 feet, |
335 | South 62°00' West, 910 feet, |
336 | North 76°30' West, 1,180 feet, |
337 | North 4°30' West, 935 feet, |
338 | to Point of Beginning containing 82.20 acres more or |
339 | less; |
340 | Parcel D. Those lands described in instrument between |
341 | G. M. Cole, joined by his wife, Addie Cole, and |
342 | Florida Bridge Company, Inc. dated September 12, 1952, |
343 | recorded December 1, 1955, in O.R. Book 7, Page 177 |
344 | et. seq. of the Public Records of Charlotte County, |
345 | Florida, more particularly described as follows: |
346 | A strip of land across Cole Island, extending from the |
347 | Northerly to the Southerly end thereof and being 120 |
348 | feet in width (60 feet on each side of the center line |
349 | of Florida Bridge Company causeway), such center line |
350 | of said easement begin parallel to and 930 feet |
351 | Westerly from the center line of the Seaboard Airline |
352 | Railroad Company track. |
353 | Section 3. PURPOSES.- |
354 | (1) The district authority is created for the purpose of |
355 | acquiring, constructing, reconstructing, financing, owning, |
356 | managing, providing, promoting, improving, expanding, |
357 | maintaining, operating, regulating, franchising, and otherwise |
358 | having complete authority, with respect to the Gasparilla Island |
359 | bridge and causeway within the territorial limits of Charlotte |
360 | County, and areas adjacent thereto. It is further the purpose of |
361 | this act to repose in the district authority all powers with |
362 | respect to operating, maintaining, repairing, and improving the |
363 | bridge and causeway, including the power to set bridge toll |
364 | rates and collect bridge tolls, and such other additional powers |
365 | as are hereafter designated by this act. |
366 | (2) The Legislature finds and declares that the creation |
367 | of the district authority and the carrying out of its purposes |
368 | are in all respects for the benefit of the people of this state |
369 | and the people of Lee and Charlotte Counties. The district |
370 | authority is performing an essential governmental function. All |
371 | property of said district authority is and shall in all respects |
372 | be considered to be public property, and title to such property |
373 | shall be held by the district authority for the benefit of the |
374 | public. The use of such property, until disposed of upon such |
375 | terms as the district authority may deem just, shall be for |
376 | essential public and governmental purposes. |
377 | (3) It is the intent of this act to create the district |
378 | authority as an independent special district that meets all the |
379 | requirements for independent special districts provided in |
380 | chapter 189, Florida Statutes. |
381 | Section 4. DEFINITIONS.-As used in this act, the following |
382 | words and terms shall have the following meanings, unless some |
383 | other meaning is plainly intended: |
384 | (1) "Authority" means the Gasparilla Island Bridge |
385 | Authority acting by and through its governing body as |
386 | established under section 2. |
387 | (1)(2) "Board" means the Board of Supervisors of the |
388 | Gasparilla Island Bridge Agency. |
389 | (2)(3) "Charlotte County Commission" means the Charlotte |
390 | County Board of County Commissioners. |
391 | (3) "District" means the Gasparilla Island Bridge Agency |
392 | acting by and through its governing body as established under |
393 | section 2. |
394 | (4) "Lee County Commission" means the Lee Charlotte County |
395 | Board of County Commissioners. |
396 | (5) "Clerk" means the clerk of the circuit court and the |
397 | ex officio Clerk of the Board of County Commissioners of |
398 | Charlotte County or Lee County. |
399 | (6) "Cost" as applied to the acquisition, construction, |
400 | extension, additions, or improvements to the bridge and causeway |
401 | or to the establishment of the district authority includes the |
402 | cost of: construction or reconstruction; acquisition or purchase |
403 | of real or personal property; expenses relating to the issuance |
404 | of bonds; indemnity or surety bonds; premiums for insurance on |
405 | real or personal property; expenses related to the establishment |
406 | of the district authority; labor, materials, machinery, |
407 | supplies, and equipment; any interest in land including all |
408 | property rights, easements, and franchises of any nature; |
409 | finance charges; interest payments; payments for the creation of |
410 | initial reserve or debt service reserve funds; bond discount; |
411 | architectural and engineering services; financial and banking |
412 | services; legal and accounting services; all other expenses |
413 | necessary or incidental for determining the feasibility of |
414 | construction, reconstruction, or acquisition; all other expenses |
415 | necessary or incidental to any financing authorized herein; |
416 | reimbursement of any other person, firm, or corporation for any |
417 | moneys or services advanced to the district authority in |
418 | connection with any of the foregoing items of cost. |
419 | (7) "Elector" means any registered voter within the |
420 | boundaries of the district authority. |
421 | (8) "Executive director" shall be the chief executive |
422 | officer of the district authority, who shall carry out the |
423 | policies of the district authority. |
424 | (9) "Gross receipts" means any income received from all |
425 | tolls collected for the use of the bridge and causeway and other |
426 | income received from all other sources, including income |
427 | received from taxpayers from ad valorem tax assessments. |
428 | (10) "Taxpayer" means any natural or corporate person who |
429 | owns real property within the boundaries of the district |
430 | authority. |
431 | (11) "Revenue bonds" or "bonds" means bonds or other |
432 | obligations secured by and payable from the revenues derived |
433 | from tolls, fees, or charges collected by the district authority |
434 | from users or future users of the facilities of the system, |
435 | which may be additionally secured by a pledge of the proceeds of |
436 | ad valorem taxes levied against property within the boundaries |
437 | of the district authority, all to the extent determined by |
438 | resolution of the district authority. |
439 | (12) "Bridge and causeway system" means and includes all |
440 | bridges, causeways, roadways, toll facilities, or property and |
441 | additions, extensions, and improvements thereto at any future |
442 | time constructed and acquired as part thereof, useful or |
443 | necessary or having the present capacity for future use in |
444 | connection with maintaining a bridge and roadway across |
445 | Gasparilla Pass in Charlotte County. |
446 | Section 5. GOVERNING BODY.- |
447 | (1) The governing body of the district authority shall |
448 | consist of nine members acting as the Board of Supervisors. Five |
449 | of these members shall be voting members with full power to |
450 | conduct the business of the district authority by majority vote |
451 | of the voting members. The other four members shall serve as ex |
452 | officio, nonvoting members who shall participate in board |
453 | discussions as representatives of the taxpayers who are not |
454 | qualified as electors of the district authority. Each member |
455 | shall serve terms of 4 years, provided that the initial members |
456 | of the Board of Supervisors and their terms of office shall be |
457 | as follows: |
458 | (a) Board Supervisor No. 1, Board Supervisor No. 3, Board |
459 | Supervisor No. 5, Board Supervisor No. 7, and Board Supervisor |
460 | No. 9 shall be appointed by the Lee County Commission and serve |
461 | until November 15, 1996. These supervisor positions shall be |
462 | first elected or appointed thereafter as herein described. |
463 | (b) Board Supervisor No. 2, Board Supervisor No. 4, Board |
464 | Supervisor No. 6, and Board Supervisor No. 8 shall be appointed |
465 | by the Charlotte County Commission and serve until November 15, |
466 | 1996. These supervisor positions shall be elected or appointed |
467 | thereafter as herein described. |
468 | (2) Board Supervisor No. 1, Board Supervisor No. 2, Board |
469 | Supervisor No. 3, Board Supervisor No. 4, and Board Supervisor |
470 | No. 5 shall be voting members of the Board of Supervisors who |
471 | are qualified as electors within the boundaries of the district |
472 | authority. Board Supervisor No. 6, Board Supervisor No. 7, Board |
473 | Supervisor No. 8, and Board Supervisor No. 9 shall be ex |
474 | officio, nonvoting members who are appointed by the board at its |
475 | first meeting following the general election. The ex officio, |
476 | nonvoting members must be either electors or taxpayers from |
477 | within the boundaries of the district. No board member shall be |
478 | elected or appointed for more than two consecutive 4-year terms |
479 | except the chair, who may be elected to a maximum of three 4- |
480 | year terms. The chair must be a voting member of the board. |
481 | (3) The voting members of the Board of Supervisors shall |
482 | be elected by a plurality majority of the electors of the |
483 | district authority voting in the general election in November of |
484 | each even numbered year. Each elector may exercise one vote. |
485 | Those members duly elected to serve will take office on November |
486 | 15 following their election. |
487 | (a) Board Supervisor No. 1, Board Supervisor No. 3, Board |
488 | Supervisor No. 5, Board Supervisor No. 6, and Board Supervisor |
489 | No. 8 shall be first elected or appointed in the November 1996 |
490 | election and every fourth year thereafter. |
491 | (b) Board Supervisor No. 2, Board Supervisor No. 4, Board |
492 | Supervisor No. 7, and Board Supervisor No. 9 shall be first |
493 | elected or appointed at the November 1996 election to a 2-year |
494 | term. They shall be appointed or stand for election to a full 4- |
495 | year term commencing at the November 1998 election and shall be |
496 | elected or appointed every fourth year thereafter. |
497 | (4) The district authority is authorized to conduct its |
498 | elections independently or through the Lee County or Charlotte |
499 | County Supervisor of Elections. Should the district authority |
500 | elect to conduct its own elections, it shall make its election |
501 | procedures consistent with the Florida Election Code, chapters |
502 | 97 through 106, Florida Statutes, for the following: |
503 | (a) Qualifying periods, in accordance with section 99.061, |
504 | Florida Statutes; |
505 | (b) Petition format, in accordance with rules adopted by |
506 | the Florida Division of Elections; |
507 | (c) Canvassing of returns, in accordance with sections |
508 | 101.5614 and 102.151, Florida Statutes; |
509 | (d) Noticing special district elections, in accordance |
510 | with chapter 100, Florida Statutes; |
511 | (e) Polling hours, in accordance with section 100.011, |
512 | Florida Statutes. |
513 | (5) Upon the occasion of a vacancy for any reason in the |
514 | term of office of a voting member of the governing body of the |
515 | district authority, a successor shall be appointed by the |
516 | Governor. Any person appointed to fill a vacancy shall be |
517 | appointed to serve for the balance of the unexpired term or |
518 | until the next election at which a successor may be duly elected |
519 | to fill the balance of the unexpired term. |
520 | (6) Upon the occasion of a vacancy for any reason in the |
521 | term of office of an ex officio nonvoting member, a successor |
522 | shall be appointed by a majority of the voting members of the |
523 | governing body of the district authority. |
524 | (7) The Board of Supervisors shall elect a chair and vice |
525 | chair from members of the district authority, each of whom shall |
526 | serve for 1 year or until his or her successor is chosen. The |
527 | chair, or the vice chair in the chair's absence, shall preside |
528 | at all meetings of the district authority and shall perform such |
529 | additional duties as prescribed by the members or contained in |
530 | the bylaws of the district authority. The district authority |
531 | shall hold regular meetings at least |
532 | places as it may designate and may |
533 | meetings. Three voting members |
534 | purpose of meeting and transacting business. Each voting member |
535 | of the district authority shall have one vote. The district |
536 | authority may adopt bylaws and may make all policies, |
537 | procedures, rules, and regulations not inconsistent with this |
538 | act which it may deem necessary respecting the conduct of its |
539 | affairs. Such policies, procedures, rules, and regulations shall |
540 | provide for notice of all public meetings in conformity with the |
541 | requirements of section 189.417, Florida Statutes, and shall |
542 | provide that an agenda shall be prepared by the district |
543 | authority in time to ensure that a copy of the agenda will be |
544 | available at least 3 days prior to any regular meetings of the |
545 | district authority. After the agenda has been made available, |
546 | items may be added for good cause, as determined by the chair or |
547 | person designated to preside at the meeting. The reason for |
548 | adding an item to the agenda shall be stated in the record. |
549 | Special or emergency meetings may be called by the chair upon no |
550 | less than 48 hours' notice. The district authority shall publish |
551 | and thereafter codify and index all rules, regulations, and |
552 | resolutions formulated, adopted, or used by the district |
553 | authority in the discharge of its functions. Such rules, |
554 | regulations, and resolutions shall be made available for public |
555 | inspection and copying, at no more than cost. The district |
556 | authority shall not be deemed to be an agency within the meaning |
557 | of chapter 120, Florida Statutes. The district authority shall |
558 | be deemed to be an agency within the meaning of chapter 119, |
559 | Florida Statutes, and all records of the district authority |
560 | shall be open to the public. The district authority shall be |
561 | deemed an agency or district authority of the county for |
562 | purposes of section 286.011, Florida Statutes, the "Government |
563 | in the Sunshine" law. Voting members of the Board of Supervisors |
564 | shall be deemed to be local officers for the purposes of section |
565 | 112.3145(3), Florida Statutes, requiring disclosure of their |
566 | financial interests. These statements of financial interests |
567 | shall be filed with the Lee County Supervisor of Elections and |
568 | available for public inspection. In addition to the foregoing, |
569 | the district authority shall comply with the requirements of |
570 | section 189.417, Florida Statutes, regarding notice of meetings |
571 | which shall be deemed to supersede any inconsistent provisions |
572 | of this section in the event of conflict. |
573 | (8) The district authority shall appoint an executive |
574 | director who shall serve at the pleasure of the district |
575 | authority. In addition to the appointment of an executive |
576 | director, the district authority may contract for all or part of |
577 | such services with any third party, including the clerk. |
578 | (9) Each member of the Board of Supervisors shall serve |
579 | without compensation; however, supervisors shall receive travel |
580 | and per diem expenses as set forth in section 112.061, Florida |
581 | Statutes, when traveling on official business for the district |
582 | authority. |
583 | (10) A board member may be removed for cause by the |
584 | Governor. |
585 | Section 6. POWERS AND DUTIES OF DISTRICT AUTHORITY.-The |
586 | district authority shall have the following powers and duties, |
587 | in addition to and supplementing other powers granted in this |
588 | act and powers granted to authorities by general law: |
589 | (1) To construct, install, erect, acquire, operate, |
590 | maintain, improve, extend, enlarge, or reconstruct a bridge, |
591 | causeway, and road system within the jurisdictional boundaries |
592 | of the district authority and the environs thereof and to have |
593 | the exclusive control and jurisdiction thereof, to borrow money |
594 | and issue bonds to pay all or part of the costs of such |
595 | construction, reconstruction, erection, acquisition, or |
596 | installation of such bridge, causeway, or road system or to |
597 | refund any indebtedness of the district authority. All capital |
598 | improvements shall be consistent with the comprehensive plan of |
599 | the applicable local government within the meaning of part II of |
600 | chapter 163, Florida Statutes. |
601 | (2) To regulate traffic and the use of the bridge and |
602 | causeway system within the district's authority's boundaries. |
603 | This traffic power shall be exercised concurrently with any |
604 | power inherent in Lee County or Charlotte County. In the event |
605 | of a conflict, the more stringent rule shall apply. |
606 | (3) To fix, modify, charge, and collect toll rates and |
607 | user fees from persons for the use of the bridge and causeway |
608 | system at such levels as the district authority deems |
609 | appropriate regardless of the costs associated with the bridge |
610 | and causeway system; provided, however, in no event shall tolls |
611 | for automobiles exceed $5 per round trip for a period of 10 |
612 | years after the effective date of this special act. The district |
613 | authority shall be subject to the provisions of section 338.165, |
614 | Florida Statutes, authorizing the continuation of tolls except |
615 | that the district authority may use any remaining toll revenue |
616 | after payments for debt service and the annual cost of |
617 | operation, maintenance, and improvement of the bridge and |
618 | causeway only for the purposes enumerated in this act. |
619 | (4) To acquire in the name of the district authority by |
620 | purchase or gift such lands and rights and interest therein, |
621 | including lands under water and riparian rights, and to acquire |
622 | such personal property as it may deem necessary in connection |
623 | with the construction, reconstruction, improvement, extension, |
624 | installation, erection, or operation and maintenance of the |
625 | bridge, causeway, and road system and to hold and dispose of all |
626 | real and personal property under its control. |
627 | (5) To exercise exclusive jurisdiction, control, and |
628 | supervision over the bridge and causeway system, or any part |
629 | thereof owned, operated, or maintained by the district authority |
630 | and to make and enforce such rules and regulations for the |
631 | maintenance and operation of the system as may be, in the |
632 | judgment of the district authority, necessary or desirable for |
633 | the efficient operation of the system or improvements in |
634 | accomplishing the purposes of this law. |
635 | (6) To restrain, enjoin, or otherwise prevent the |
636 | violation of this law or of any resolution, rule, or regulation |
637 | adopted pursuant to the powers granted by this law. |
638 | (7) To join with any other districts, municipalities, |
639 | towns, or other political subdivisions, public agencies, or |
640 | authorities in the exercise of common powers. |
641 | (8) To contract with other private or public entities or |
642 | persons to provide services to the district authority and to |
643 | receive and accept from any federal or state agency grants or |
644 | loans for or in aid of the purposes of the district authority. |
645 | (9) To enter into interlocal agreements with any |
646 | municipality, county, district, or political subdivision for any |
647 | corporate purpose of the district authority, including, but not |
648 | limited to, borrowing money for construction of improvements, |
649 | additions, or extension to the system. |
650 | (10) To sue and be sued in the name of the district |
651 | authority, and to do all acts and things necessary or convenient |
652 | for the conduct of its business and the general welfare of the |
653 | district authority in order to carry out the powers and duties |
654 | provided in this act or provided in any other law applicable to |
655 | counties. |
656 | (11) The executive director of the district authority |
657 | shall have the responsibility for carrying out the policies of |
658 | the Board of Supervisors of the district authority and keeping |
659 | and maintaining the seal and the records of the district |
660 | authority and for collecting, disbursing, investing, and |
661 | maintaining the funds of the district authority and such other |
662 | responsibilities as the board may instruct said executive |
663 | director to perform, provided that the district authority may |
664 | contract all or part of such services with any third party. |
665 | (12) The district authority shall comply with the |
666 | provisions of sections 189.415, 189.4155, 189.416, 189.417, and |
667 | 189.418, Florida Statutes, and other applicable provisions of |
668 | general law prescribed duties and responsibilities of special |
669 | districts. The district authority shall not be an agency for the |
670 | purposes of section 120.52(1), Florida Statutes. |
671 | (13) The district authority may assess and impose upon |
672 | lands in the district ad valorem taxes of no greater than 2 |
673 | mills of assessed value per year, as provided by this act and |
674 | chapter 197, Florida Statutes. The district authority may only |
675 | impose ad valorem taxes if both of the following conditions are |
676 | met: |
677 | (a) Following a referendum in which a majority of the |
678 | electors of the district voting in the election approve of the |
679 | levy of ad valorem tax. |
680 | (b) The district authority determines that the bridge |
681 | tolls being collected may be insufficient to repair, replace, or |
682 | maintain the bridge and causeway. |
683 |
|
684 | The district authority may conduct a special election, if |
685 | necessary, in order to seek voter approval of the ad valorem tax |
686 | levy. |
687 | (14) The Board of Supervisors of the district authority |
688 | may seek from the Legislature amendments to this act from time |
689 | to time as they deem necessary. In addition, the Board of |
690 | Supervisors of the district authority may petition the |
691 | Legislature for dissolution and abolition of the district |
692 | authority if they feel another unit of government could more |
693 | properly exercise the functions of the district authority at |
694 | that time. |
695 | (15) To establish reserves for debt service requirements |
696 | and a reserve fund for replacement and repair of the causeway |
697 | and other contingencies. |
698 | (16) To invest moneys in all investments which are lawful |
699 | under the laws of the state. |
700 | (17) To do all acts necessary or convenient for the |
701 | establishment of the district authority, the conduct of its |
702 | business, and the general welfare of the district authority in |
703 | order to carry out the powers granted herein. |
704 | (18) To pledge or otherwise encumber all or any part of |
705 | its gross receipts as security for its bonds. |
706 | (19) To exercise the right and power of eminent domain, |
707 | pursuant to the provisions of chapters 73 and 74, Florida |
708 | Statutes, over any property within the boundaries of the |
709 | district, except municipal, county, state, federal, or other |
710 | public property for the uses and purposes of the district |
711 | authority relating to the implementation of its powers as |
712 | described herein; provided such right shall only be exercised |
713 | over lands contiguous to or adjacent to the lands described as |
714 | Parcel I or Parcel II in section 2 or such other lands that |
715 | might be needed for the replacement or reconstruction of the |
716 | bridge and causeway system. |
717 | (20) To impose and foreclose tax liens as provided by this |
718 | act and chapter 197, Florida Statutes. |
719 | Section 7. BONDS.- |
720 | (1) The district authority may, from time to time, issue |
721 | bonds to pay the costs and expenses, other than operating |
722 | expenses, incurred in carrying out the purposes of this act or |
723 | to refund revenue bonds of the district authority issued |
724 | pursuant to this act. In anticipation of the sale of such bonds, |
725 | the district authority may issue bond anticipation notes and may |
726 | renew the same from time to time. Such notes may be paid from |
727 | the revenues derived by the district authority from the proceeds |
728 | of sale of the bonds of the district authority in anticipation |
729 | of which they were issued or from such other source as shall be |
730 | determined by the district authority. The notes shall be issued |
731 | in the same manner as the bonds. Bonds and notes shall be, and |
732 | shall be deemed to be, for all purposes, negotiable instruments, |
733 | subject only to the provisions of the bonds and notes for |
734 | registration. |
735 | (2) The bonds may be issued as serial bonds or as term |
736 | bonds or the district authority, in its discretion, may issue |
737 | bonds of both types. The district authority may issue capital |
738 | appreciation bonds or variable rate bonds. The bonds shall be |
739 | authorized by resolution of the district authority and shall |
740 | bear such date or dates, mature at such time or times, not |
741 | exceeding 40 years from their respective dates, bear interest at |
742 | such rate or rates, be payable at such time or times, be in such |
743 | denomination, be in such form, carry such registration |
744 | privileges, be executed in such manner, be payable from such |
745 | sources and in such medium or payment and at such place or |
746 | places, and be subject to such terms of redemption, including |
747 | redemption prior to maturity, as such resolution or resolutions |
748 | may provide. If any officer whose signature, or a facsimile of |
749 | whose signature, appears on any bonds or coupons ceases to be |
750 | such officer before the delivery of such bonds, such signature |
751 | or facsimile shall nevertheless be valid and sufficient for all |
752 | purposes as if he or she had remained in office until the |
753 | delivery. The bonds or notes may be sold at public or private |
754 | sale for such price or prices as the district authority shall |
755 | determine. Pending preparation of the definitive bonds, the |
756 | district authority may issue interim receipts or certificates |
757 | which shall be exchanged for such definitive bonds. The bonds |
758 | may be secured by such form of credit enhancement, if any, as |
759 | the district authority deems appropriate. The bonds may be |
760 | secured by an indenture of trust or trust agreement. |
761 | (3) The bonds may be validated, at the direction of the |
762 | district authority, pursuant to chapter 75, Florida Statutes. |
763 | Section 75.04(2), Florida Statutes, shall not apply to a |
764 | complaint for validation brought by the district authority. |
765 | Section 8. PLEDGE OF REVENUES.-The proceeds of all bonds |
766 | or other obligations issued under this law and all revenues |
767 | derived from other operation of the system which have been |
768 | pledged for the payment of any bonds or other obligations |
769 | authorized by this law shall be applied only in accordance with |
770 | the proceedings authorizing the issuance of any such bonds or |
771 | other obligations. The district authority may provide that the |
772 | moneys or the funds and accounts established by the proceedings |
773 | authorizing issuance of any revenue bonds shall be subject to |
774 | the lien of the pledge established by the proceedings without |
775 | any physical delivery thereof and the lien of the pledge shall |
776 | be valid and binding as against all parties bringing claims of |
777 | any kind in tort, contract, or otherwise against the district |
778 | authority. |
779 | Section 9. COVENANTS OF DISTRICT AUTHORITY WITH |
780 | BONDHOLDERS.-In addition to other provisions and requirements of |
781 | this law, any resolution authorizing the issuance of bonds or |
782 | any other obligations issued hereunder may contain provisions |
783 | and the district authority is authorized to provide and may |
784 | covenant and agree with the several holders of such bonds or |
785 | other obligations as to: |
786 | (1) Limitations on the powers of the district authority to |
787 | construct, acquire, or operate or permit the construction, |
788 | acquisition, or operation of any structures, facilities, or |
789 | properties which may compete or tend to compete with the system. |
790 | (2) Subject to this law, the manner and order of priority |
791 | of the disposition of revenues or redemption of any bonds or |
792 | other obligations. |
793 | (3) Terms and conditions for modification or amendment of |
794 | the resolution authorizing the issuance of bonds or other |
795 | obligations. |
796 | (4) Provisions as to the appointment of a receiver of the |
797 | system on default of principal or interest on any such bonds or |
798 | other obligations or the breach of any covenant or condition of |
799 | the resolution authorizing such bonds or other obligations. |
800 | (5) Provisions as to the maintenance of the system and |
801 | reasonable insurance thereof. |
802 | (6) Any other matters necessary to secure the bonds and |
803 | the payment of the principal and interest thereof. |
804 | (7) All such provisions of the resolution shall constitute |
805 | valid and legally binding contracts between the district |
806 | authority and several holders of any such bonds and shall be |
807 | enforceable by any such holder or holders by mandamus or other |
808 | appropriate action, suit, or proceeding in law or in equity in |
809 | any court of competent jurisdiction. |
810 | Section 10. PUBLICATION OF NOTICE OF ISSUANCE OF BONDS.- |
811 | Prior to the issuance of bonds or other obligations, the |
812 | district authority may, in its discretion, publish a notice at |
813 | least once in a newspaper or newspapers published and circulated |
814 | in Charlotte and Lee Counties stating the date of adoption of |
815 | the resolution authorizing such obligations, and the amount, |
816 | maximum rate of interest, and maturity of such obligations and |
817 | the purpose in general terms for which such obligations are to |
818 | be issued. |
819 | Section 11. BOND; QUALITIES OR NEGOTIABLE INSTRUMENTS; |
820 | RIGHTS OF HOLDERS.-All bonds issued hereunder shall not be |
821 | invalid for any irregularity or defect in the proceedings for |
822 | the issuance and sale thereof and shall be incontestable in the |
823 | hands of a bona fide purchaser for value. No proceedings in |
824 | respect to the issuance of such bonds shall be necessary except |
825 | such as are required by this act, by section 189.4085, Florida |
826 | Statutes, and by section 189.408, Florida Statutes. The |
827 | provisions of this act shall constitute an irrevocable contract |
828 | between the district authority and the holders of any such bonds |
829 | or coupons thereof issued pursuant to the provisions hereof. Any |
830 | holder of such bonds may either at law or in equity, by suit, |
831 | action, or mandamus, enforce and compel the performance of the |
832 | duties required by this act or of any of the officers or persons |
833 | herein mentioned in relation to said bonds, or the levy, |
834 | collection, and enforcement and application of the revenues, or |
835 | other funds pledged for the payment of the principal and |
836 | interest thereof. |
837 | Section 12. BUDGET; REPORTS AND REVIEW.- |
838 | (1) The district authority shall provide financial reports |
839 | in such form and in such manner as prescribed pursuant to this |
840 | act, chapter 218, and sections 189.418 and 11.45, Florida |
841 | Statutes. |
842 | (2) The fiscal year for the district authority shall |
843 | commence on October July 1 of each calendar year and shall |
844 | conclude on September June 30 of each calendar year. On or |
845 | before June 1, the executive director shall prepare a proposed |
846 | budget for the ensuing fiscal year to be submitted to the board |
847 | for board approval. The proposed budget shall include, at the |
848 | direction of the board, an estimate of all necessary |
849 | expenditures of the district authority for the ensuing fiscal |
850 | year and an estimate of income to the district authority from |
851 | all sources of revenue provided in this act. The board shall |
852 | consider the proposed budget and may either approve the budget |
853 | as proposed by the manager or modify the same in part or in |
854 | whole. |
855 | (3) The board shall cause to be made at least once a year |
856 | a comprehensive report of its system, including all matters |
857 | relating to expansions, acquisitions, rates, revenues, expenses |
858 | of maintenance, repair, and operation of the renewals and |
859 | capital replacements, principal and interest requirements, and |
860 | the status of all funds and accounts. Copies of such reports |
861 | shall be filed with the clerk and shall be open to public |
862 | inspection. The report shall be known as the annual audit report |
863 | and shall be issued by a certified public accountant appointed |
864 | by the board. The annual audit report may be included as a part |
865 | of any other report required by law or may be issued separately. |
866 | Section 13. DISTRICT AUTHORITY BONDS AS INVESTMENTS FOR |
867 | PUBLIC BODIES.-All bonds issued pursuant to this act shall be |
868 | and constitute legal investments for state, county, municipal, |
869 | and all other public funds and for banks, savings banks, |
870 | insurance companies, executors, administrators, trustees, and |
871 | all other fiduciaries and shall also be and constitute |
872 | securities eligible as collateral security for all state, |
873 | county, municipal, or other public funds, subject to the |
874 | restrictions and limitations of chapters 18, 136, 237, 518, 655, |
875 | 657, 658, and 660 through 665, Florida Statutes. |
876 | Section 14. BONDS AS PAYMENT FOR SERVICES.-The district |
877 | authority is authorized to enter into agreements for the |
878 | delivery of any bonds at one time or from time to time, as full |
879 | or partial payment for the services of any engineer or work done |
880 | by any contractor who may have been retained or hired or been |
881 | awarded a contract for the construction of all or any part of |
882 | the system. However, any such bonds so delivered for payment of |
883 | such services or work performed shall have been authorized and |
884 | issued in the manner provided in this act and shall otherwise |
885 | conform to the provisions hereof. |
886 | Section 15. CONTRACTS FOR CONSTRUCTION OF IMPROVEMENTS; |
887 | SEALED BIDS.-All contracts let, awarded, or entered into by the |
888 | district authority for the construction, reconstruction, or |
889 | improvements to the system or any part thereof, if the amount |
890 | thereof shall exceed $20,000, except for emergency repairs, |
891 | shall be awarded only after public advertisement and call for |
892 | sealed bids therefor, in a newspaper published and circulated in |
893 | Lee and Charlotte Counties, such advertisement to be published |
894 | at least once at least 3 weeks before the date set for the |
895 | receipt of such bids. Such advertisements for bids, in addition |
896 | to the other necessary and pertinent matters, shall state in |
897 | general terms, the nature and description of the improvement or |
898 | improvements to be undertaken and shall state that detailed |
899 | plans and specifications for such work are on file for |
900 | inspection in the office of the district authority and copies |
901 | thereof shall be furnished to any interested party upon payment |
902 | of reasonable charges to reimburse the district authority for |
903 | its expenses in providing such copies. The award shall be made |
904 | to the responsible and competent bidder or bidders who shall |
905 | offer to undertake the improvements at the lowest costs to the |
906 | district authority and such bidder or bidders shall be required |
907 | to file bond for the full and faithful performance of such work |
908 | and the execution of any such contract in such amount as the |
909 | district authority shall determine, and in all other respects |
910 | the letting of such construction contracts shall comply with |
911 | applicable provisions of the general laws relating to the |
912 | letting of public contracts. All purchases or expenditures of |
913 | supplies, materials, and equipment in excess of $10,000 shall be |
914 | made from the best of bids which are timely submitted. Nothing |
915 | in this section shall be deemed to prevent the district |
916 | authority from hiring or retaining such engineers, attorneys, |
917 | financial experts, or other technicians as it shall determine, |
918 | in its discretion, or from undertaking any construction work |
919 | with its own resources, without any such public advertisement. |
920 | Section 16. CONVEYANCE OF PROPERTY WITHOUT CONSIDERATION.- |
921 | Any municipality, political subdivision, agency, or district |
922 | authority shall be authorized to sell, lease, grant, or convey |
923 | any real or personal property to the district authority and any |
924 | such sale, grant, lease, or conveyance may be made without |
925 | formal consideration. |
926 | Section 17. PRIVILEGES, IMMUNITIES, AND EXEMPTIONS.-The |
927 | district authority shall have all privileges, immunities, and |
928 | exemptions accorded political subdivisions of this state under |
929 | the provisions of the constitution and laws of the state. |
930 | Neither the members of the district authority nor any person |
931 | executing any contract or obligation on its behalf shall be |
932 | personally liable or accountable thereon or by reason thereof. |
933 | Section 18. EXEMPTION FROM SPECIAL ASSESSMENTS.-The |
934 | accomplishment of the authorized purposes of the district |
935 | authority created hereunder is, shall, and will be in all |
936 | respects for the benefit of the people of the state for the |
937 | increase of their commerce and prosperity and for the |
938 | improvement of their health and living conditions. Since the |
939 | district authority will perform essential governmental functions |
940 | in accomplishing such purpose, the district authority shall not |
941 | be required to pay any taxes or assessments of any kind or |
942 | nature whatsoever upon any property acquired or used by it for |
943 | such purposes or upon any revenues at any time received by it. |
944 | Section 19. TAX DELINQUENCY, PENALTIES, AND ENFORCEMENT OF |
945 | TAXES.-All taxes provided for in this act shall be and become |
946 | delinquent and bear penalties on the amount of said taxes in the |
947 | same manner as county taxes. Said tax shall be a lien until paid |
948 | on the property against which assessed and enforceable in like |
949 | manner as county taxes. The collection and enforcement of all |
950 | taxes levied by the district authority shall be at the same time |
951 | and in like manner as county taxes and the provisions of the |
952 | Florida Statutes relating to the sale of lands for unpaid and |
953 | delinquent county taxes, the issuance, sale, and delivery of tax |
954 | certificates for such unpaid and delinquent county taxes, the |
955 | redemption thereof, the issuance to individuals of tax deeds |
956 | based thereon, and all other procedures connected therewith, |
957 | shall be applicable to the district authority and the delinquent |
958 | and unpaid taxes of the district to the same extent as if said |
959 | statutory provisions were expressly set forth in this act. All |
960 | taxes shall be subject to the same discounts as county taxes. |
961 | Section 20. LIENS.-All taxes provided for in this act, |
962 | together with all penalties for default in payment of the same |
963 | and all costs in collecting the same, shall, from the date of |
964 | assessment thereof until paid, constitute a lien of equal |
965 | dignity with the liens for county taxes, and other taxes of |
966 | equal dignity with county taxes, upon all the lands against |
967 | which such assessments shall be levied, assessed, and collected. |
968 | Section 21. DISTRICT AUTHORITY DECISIONS REQUIRING |
969 | MAJORITY VOTE.-Notwithstanding any other provisions of this act, |
970 | decisions of the district authority dealing with the following |
971 | matters may only be made if approved by at least three voting |
972 | members of the district authority: |
973 | (1) Changes to toll structure. |
974 | (2) Entering into financing arrangements involving a |
975 | pledge of assets, toll revenues, or any ad valorem tax revenues. |
976 | (3) Utilization of eminent domain provisions. |
977 | (4) Approval of a plan to hold an ad valorem taxing |
978 | authorization referendum. |
979 | (5) Approval of any plan to seek legislative changes to |
980 | this act. |
981 | Section 22. INTERLOCAL COOPERATION.-For purposes of |
982 | implementing the powers and authority of the district authority |
983 | and assuring adequate funding for the construction, maintenance, |
984 | and operation of infrastructure, and to ensure the security for |
985 | any bonds issued by the district authority remains unimpaired, |
986 | said district authority is empowered to enter into interlocal |
987 | agreements pursuant to chapter 163, Florida Statutes, to |
988 | exercise jointly with any other public agency of the state or |
989 | Federal Government any power, privilege, or authority which such |
990 | agencies or the district might exercise jointly. |
991 | Section 23. PROPERTY APPRAISER, TAX COLLECTOR, FEES, OR |
992 | COMMISSIONS.-The offices of the Lee County or Charlotte County |
993 | Property Appraiser and Tax Collector shall be entitled to |
994 | applicable fees and costs for the levy and collection of ad |
995 | valorem taxes and non-ad valorem assessments pursuant to ss. |
996 | 197.3632 and 192.091, Florida Statutes. |
997 | Section 2. This act shall take effect upon becoming a law. |