House Bill 3965

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    Florida House of Representatives - 1998                HB 3965

        By Representative Spratt






  1                      A bill to be entitled

  2         An act relating to the Immokalee Water and

  3         Sewer District, Collier County, as created by

  4         chapter 78-494, Laws of Florida, as amended;

  5         providing for a codified charter of its special

  6         acts in a single act and repealing all prior

  7         special acts relating to the Immokalee Water

  8         and Sewer District, as required by chapter

  9         97-255, Laws of Florida; defining its

10         boundaries; providing definitions; authorizing

11         the district to operate a water and sewer

12         system; providing for a governing board of the

13         district; restricting the use of funds of the

14         district; providing the powers of the board;

15         providing for water rates and service charges;

16         providing for special assessments; providing

17         for the collection of rates and charges;

18         requiring certain persons to connect to the

19         sewer system established under the act under

20         certain circumstances; providing a declaration

21         of policy; providing for annual audits;

22         providing for a referendum; providing an

23         effective date.

24

25  Be It Enacted by the Legislature of the State of Florida:

26

27         Section 1.  Chapter 78-494, Laws of Florida, as amended

28  by chapters 93-366, 94-489, and 95-492, Laws of Florida, is

29  codified, reenacted, amended, and repealed as provided herein.

30

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  1         Section 2.  The charter of the Immokalee Water and

  2  Sewer District, Collier County, is re-created and reenacted to

  3  read:

  4         Section 1.  Short title.--This act may be known as the

  5  Immokalee Water and Sewer District Act.

  6         Section 2.  Boundaries.--There is hereby created in

  7  Collier County a special taxing district to be known as

  8  Immokalee Water and Sewer District.  The district will include

  9  all that portion of Immokalee in said county described as

10  follows:

11

12         The North 300 feet of Section 1, Township 47

13         South, Range 28 East; and all the lands in

14         Sections 26, 27, 28, 29, 30, 31, 32, 33, 34,

15         and 35, in Township 46 South, Range 29 East;

16         together with all lands in Sections 1, 2, 3, 4,

17         5, 6, 7, 8, 9, 10, 11, 15, and 16 in Township

18         47 South, Range 29 East; together with all the

19         lands in Sections 25, 35 and 36, Township 46

20         South, Range 28 East, and Section 6 in Township

21         47 South, Range 30 East.  All the lands

22         described being in Collier County, Florida.

23

24         Section 3.  Definitions.--Whenever used in this act,

25  unless a different meaning clearly appears from the context:

26         (1)  "County" means Collier County.

27         (2)  "County commissioners" mean the Board of County

28  Commissioners of Collier County.

29         (3)  "Board" means the Board of Commissioners of the

30  Immokalee Water and Sewer District.

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  1         (4)  "Water systems" or "waterworks" means and includes

  2  all plants, systems, facilities, or properties used or useful

  3  or having the present capacity for future use in connection

  4  with the supply, transportation, or distribution of water, and

  5  any integral part thereof, including, but not limited to,

  6  water supply systems, water distribution systems, reservoirs,

  7  wells, intakes, mains, laterals, aqueducts, pumping stations,

  8  standpipes, filtration plants, purification plants, hydrants,

  9  meters, valves, and all necessary appurtenances and equipment,

10  and all properties, rights, easements, and franchises relating

11  thereto and deemed necessary or convenient by the district for

12  the operation thereof.

13         (5)  "Sewage" means the water-carried wastes created in

14  and carried or to be carried away from residences, hotels,

15  schools, hospitals, industrial establishments, commercial

16  establishments, or any other private or public building,

17  together with such surface or groundwater or household and

18  industrial wastes as may be present.

19         (6)  "Sewage disposal system" means and includes any

20  plant, system, facility, or property used or useful or having

21  the present capacity for future use in connection with the

22  collection, treatment, purification, or disposal of sewage

23  (including industrial wastes resulting from any processes of

24  industry, manufacture, trade, or business or from the

25  development of any natural resources), or any integral part

26  thereof, including, but not limited to, treatment plants,

27  pumping stations, intercepting sewers, trunk sewers, pressure

28  lines, mains, and all necessary appurtenances and equipment,

29  and all property, rights, easements, and franchises relating

30  thereto and deemed necessary or convenient by the district for

31  the operation thereof.

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  1         (7)  "Sewers" include mains, pipes, and laterals for

  2  the reception of sewage and carrying such sewage to an outfall

  3  or some part of a sewage disposal system, including pumping

  4  stations where deemed necessary by the district.

  5         (8)  "Sewer system" embraces both sewers and sewage

  6  disposal systems and all property, rights, easements, and

  7  franchises relating thereto.

  8         (9)  "System" means and includes a water system or

  9  sewer system or any one or more thereof.

10         (10)  "District" means the Immokalee Water and Sewer

11  District created and established in Collier County by this

12  act.

13         (11)  "Bonds" mean bonds or revenue certificates or

14  other financial obligations of the district which are part or

15  all of an issue of such obligations issued pursuant to this

16  act.

17         (12)  "Sewer" includes in its meaning the word

18  sewerage.

19         Section 4.  Objects and purposes of the district.--The

20  objects and purposes of the district are to acquire, purchase,

21  lease, construct, improve, extend, operate, maintain, and

22  finance any water system or systems or parts thereof, or any

23  sewer system or systems or parts thereof serving such

24  unincorporated areas and other customers and users as the

25  district may determine.  The district may acquire a supply of

26  water either within or without the county.  The district may

27  itself own and operate water and sewer systems in

28  unincorporated territory and may also sell and transport water

29  to other systems, whether publicly or privately owned, and

30  other users and consumers, provided the district shall not

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  1  acquire, construct, or own any water distribution system in

  2  any other area except as stated herein.

  3         Section 5.  Governing body.--

  4         (1)  The governing body of the district shall be the

  5  Immokalee board of commissioners, consisting of seven members,

  6  each of whom shall be a registered voter, resident of the

  7  district, and citizen of the United States.  Members of the

  8  board of commissioners shall be appointed by the Governor for

  9  terms of 4 years.  Of the initial board, two members shall

10  serve a term of 2 years; two members shall serve a term of 3

11  years; and three members shall serve a term of 4 years.

12  Appointments to fill vacancies on the board of commissioners

13  shall be for the unexpired term only.  Four members constitute

14  a quorum for the transaction of business.  Each commissioner

15  shall, before he or she enters upon his or her duties as

16  commissioner, execute to the Governor a good and sufficient

17  bond in the sum of $1,000 with a qualified corporate surety

18  conditioned to faithfully perform the duties of such

19  commissioner and to account for all funds to come into his or

20  her hands as such commissioner.  All premiums payable for such

21  bonds shall be paid from the funds of the district.

22         (2)  If at any time a commissioner misses four

23  consecutive regularly scheduled monthly meetings, the board

24  shall review the absences. By majority vote of the board, the

25  board may declare the position vacant. The board then shall

26  inform the Governor of the vacancy and request the Governor to

27  appoint a new commissioner to fill the vacancy for the

28  unexpired term.

29         Section 6.  Organization.--The board shall organize by

30  electing from its number a chair, a vice chair, a secretary,

31  and a treasurer.  The members of the board shall serve 4-year

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  1  terms.  No commissioner shall receive compensation for his or

  2  her services.  Board members shall be reimbursed for travel

  3  and per diem pursuant to s. 112.061, Florida Statutes.

  4         Section 7.  Funds.--No funds of the district shall be

  5  used for any purpose other than the administration of the

  6  affairs and business of the district, the construction, care,

  7  maintenance, upkeep, operation, and repair of sewers and sewer

  8  and water systems in the district, as the board may determine

  9  to be for the best interest of the district and the

10  inhabitants thereof.  All disbursements of the funds of the

11  district over the sum of $1,500 shall be made pursuant to

12  warrants or checks signed by the chair or vice chair and

13  countersigned by the treasurer or the secretary of the board.

14         Section 8.  Powers of board.--The Board of

15  Commissioners of the Immokalee Water and Sewer District is

16  authorized and empowered:

17         (1)  To make rules and regulations for its own

18  government and proceedings and to adopt an official seal for

19  the district.

20         (2)  To employ engineers, attorneys, accountants,

21  financial or other experts, and such other agents and

22  employees as said district board may require or deem necessary

23  to effectuate the purposes of this law, or to contract for any

24  such services, provided that the board may authorize its

25  director to hire, discipline, and terminate employees, and

26  give salary raises to employees, subject to review and

27  approval by the board.

28         (3)  To construct, install, erect, and acquire and to

29  operate, maintain, improve, extend, or enlarge and reconstruct

30  a water system or a sewer system or both within said district

31  and the environs thereof and to have the exclusive control and

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  1  jurisdiction thereof, and to issue its general obligation

  2  bonds, revenue bonds, or assessment bonds, or any combination

  3  of the foregoing, to pay all or part of the cost of such

  4  construction, reconstruction, erection, acquisition, or

  5  installation of such water system, sewer system, or both,

  6  provided that the total amount of all general obligation

  7  indebtedness of the district issued pursuant to this law shall

  8  not exceed 15 percent of the assessed value of the taxable

  9  property in the district at the time of the creation of such

10  district, to be ascertained by the assessed valuations for

11  county taxes in effect at the time of the creation of such

12  district.

13         (4)  To regulate the use of sewers and the supply of

14  water within the district, to prohibit the use and maintenance

15  of outhouses, privies, septic tanks, or other unsanitary

16  structures or appliances, and to regulate the use of sewers

17  and the wastewater collection system within the district by

18  instituting, maintaining, and enforcing a grease management

19  program for the district's commercial and industrial

20  customers.

21         (5)  To fix and collect rates, fees, and other charges

22  to persons or property or both for the use of the facilities

23  and services provided by any water system or sewer system or

24  both and to fix and collect charges for making connections

25  with any such water system or sewer system and to provide for

26  reasonable penalties on any users or property for any such

27  rates, fees, or charges that are delinquent.

28         (6)  To acquire in the name of the district, by

29  purchase, gift, or the exercise of the right of eminent

30  domain, such lands and rights and interest therein, including

31  lands under water and riparian rights and to acquire such

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  1  personal property as it may deem necessary in connection with

  2  the construction, reconstruction, improvement, extension,

  3  installation, erection, or operation and maintenance of any

  4  water system or sewer system or both and to hold and dispose

  5  of all real and personal property under its control; however,

  6  nothing contained herein shall authorize the power of eminent

  7  domain to be exercised beyond the limits of the district.

  8         (7)  To exercise exclusive jurisdiction, control, and

  9  supervision over any water system or sewer system or both, or

10  any part thereof, owned, operated, and maintained by the

11  district, and to make and enforce such rules and regulations

12  for the maintenance and operation of any water system or sewer

13  system or both as may be, in the judgment of the district

14  board, necessary or desirable for the efficient operation of

15  any such systems or improvements in accomplishing the purposes

16  of this law.

17         (8)  To restrain, enjoin, or otherwise prevent the

18  violation of this law or of any resolution, rule, or

19  regulation adopted pursuant to the powers granted by this law.

20         (9)  To join with any other district or districts,

21  cities, towns, counties, or other political subdivisions,

22  public agencies, or authorities in the exercise of common

23  powers.

24         (10)  To contract with municipalities or other private

25  or public corporations or persons to provide or receive a

26  water supply or for sewage disposal, collection, or treatment.

27         (11)  To prescribe methods of pretreatment of

28  industrial wastes not amenable to treatment with domestic

29  sewage before accepting such wastes for treatment and to

30  refuse to accept such industrial wastes when not sufficiently

31  pretreated as may be prescribed, and by proper resolution to

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  1  prescribe penalties for the refusal of any person or

  2  corporation to so pretreat such industrial wastes.

  3         (12)  To require and enforce the use of its facilities

  4  whenever and wherever they are accessible.

  5         (13)  To sell or otherwise dispose of the effluent,

  6  sludge, or other byproducts as a result of sewage treatment.

  7         (14)  To accomplish construction by holding hearings,

  8  advertising for construction bids, and letting contracts for

  9  all or any part or parts of the construction of any water

10  system or sewer system or both to the lowest responsible

11  bidder or bidders or rejecting any and all bids at its

12  discretion, provided that the district may purchase supplies,

13  material, and equipment, as well as expend for construction

14  work, in an amount not to exceed $1,000 total cost of each

15  transaction without advertising or receiving bids.

16         (15)  To construct and operate connecting,

17  intercepting, or outlet sewers and sewer mains and pipes and

18  water mains, conduits, or pipelines in, along, or under any

19  streets, alleys, highways, or other public places or ways

20  within the state or any municipality or political subdivision

21  necessary for the purposes of the district.

22         (16)  Subject to such provisions and restrictions as

23  may be set forth in the resolution authorizing or securing any

24  bonds or other obligations issued under the provisions of this

25  law, to enter into contracts with the Government of the United

26  States or any agency or instrumentality thereof, or with any

27  county, municipality, district, authority, or political

28  subdivision, private corporation, partnership, association, or

29  individual providing for or relating to the treatment,

30  collection, and disposal of sewage, or the treatment, supply,

31  and distribution of water and any other matters relevant

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  1  thereto or otherwise necessary to effect the purposes of this

  2  law, and to receive and accept from any federal agency, grants

  3  or loans for or in aid of the planning, construction,

  4  reconstruction, or financing of any water system or sewer

  5  system or both and to receive and accept aid or contributions

  6  or loans, from any other source, of money, property, labor, or

  7  other things of value, to be held, used, and applied only for

  8  the purpose for which such grants, contributions, or loans may

  9  be made.

10         Section 9.  Assessable improvements; levy and payment

11  of special assessments.--Any district may provide for the

12  construction or reconstruction of assessable improvements as

13  defined in s. 153.52, Florida Statutes, and for the levying of

14  special assessments upon benefited property for the payment

15  thereof, under the provisions of this section.

16         (1)(a)  The initial proceeding under this section shall

17  be the passage by the district board of a resolution ordering

18  the construction or reconstruction of such assessable

19  improvements, indicating the location by terminal points and

20  routes and either giving a description of the improvements by

21  its material, nature, character, and size or giving two or

22  more descriptions with the directions that the material,

23  nature, character, and size shall be subsequently determined

24  in conformity with one of such descriptions.  Sewer or water

25  improvements need not be continuous and may be in more than

26  one locality or street. The resolution ordering any such

27  improvement may give any short and convenient designation to

28  each improvement ordered thereby, and the property against

29  which assessments are to be made for the cost of such

30  improvement may be designated as an assessment district,

31  followed by a letter or number or name to distinguish it from

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  1  other assessment districts, after which it shall be sufficient

  2  to refer to such improvement and property by such designation

  3  in all proceedings and assessments, except in the notices

  4  required by this section.

  5         (b)  A fund for the payment of bonds shall be created

  6  under this paragraph.

  7         (2)(a)  As soon as possible after the passage of such

  8  resolution, the engineer for the district shall prepare in

  9  duplicate plans and specifications for each improvement

10  ordered thereby and an estimate of the cost thereof.  Such

11  cost shall include, in addition to the items of cost as

12  defined in this law, the cost of relaying streets and

13  sidewalks necessarily torn up or damaged and the following

14  items of incidental expenses:

15         1.  Printing and publishing notices and proceedings.

16         2.  Costs of abstracts of title.

17         3.  Any other expense necessary or proper in conducting

18  the proceedings and work provided for in this section,

19  including the estimated amount of discount, if any, upon the

20  sale of assessment bonds or any other obligations issued

21  hereunder for which such special assessments are to be

22  pledged.  If the resolution shall provide alternative

23  descriptions of material, nature, character, and size, such

24  estimate shall include an estimate of the cost of the

25  improvement of each such description.

26         (b)  The engineer shall also prepare in duplicate a

27  tentative apportionment of the estimated total cost of the

28  improvement as between the district and each lot or parcel of

29  land subject to special assessment under the resolution, such

30  apportionment to be made in accordance with the provisions of

31  the resolution and in relation to apportionment of cost

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  1  provided herein for the preliminary assessment roll.  Such

  2  tentative apportionment of total estimated cost shall not be

  3  held to limit or restrict the duties of the engineer in the

  4  preparation of such preliminary assessment roll.  One of the

  5  duplicates of such plans, specifications, and estimates and

  6  such tentative apportionment shall be filed with the district

  7  clerk and the other duplicate shall be retained by the

  8  engineer in the engineer's files, all thereof to remain open

  9  to public inspection.

10         (3)  The district clerk upon the filing with him or her

11  of such plans, specifications, estimates, and tentative

12  apportionment of cost shall publish once in a newspaper

13  published in the county and circulating in the district, or

14  posted as provided in s. 153.56, Florida Statutes, if there is

15  no such newspaper, a notice stating that at a meeting of the

16  district board on a certain day and hour, not earlier than 15

17  days from such publication or posting, the district board will

18  hear objections of all interested persons to the confirmation

19  of such resolution, which notice shall state in brief and

20  general terms a description of the proposed assessable

21  improvements with the location thereof, and shall also state

22  that plans, specifications, estimates, and tentative

23  apportionment of cost thereof are on file with the district

24  clerk. The district clerk shall keep a record in which shall

25  be inscribed, at the request of any person, firm, or

26  corporation having or claiming to have any interest in any lot

27  or parcel of land, the name and post office address of such

28  person, firm, or corporation, together with a brief

29  description or designation of such lot or parcel, and it shall

30  be the duty of the district clerk to mail a copy of such

31  notice to such person, firm, or corporation at such address,

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  1  at least 10 days before the time for the hearing as stated in

  2  such notice, but the failure of the district clerk to keep

  3  such record or so to inscribe any name or address or to mail

  4  any such notice shall not constitute a valid objection to

  5  holding the hearing as provided in this section or to any

  6  other action taken under the authority of this section.

  7         (4)  At the time named in such notice, or to which an

  8  adjournment may be taken by the district board, the district

  9  board shall receive any objections of interested persons and

10  may then or thereafter repeal or confirm such resolution with

11  such amendments, if any, as may be desired by the district

12  board and which do not cause any additional property to be

13  specially assessed.

14         (5)  All objections to any such resolution on the

15  ground that it contains items which cannot be properly

16  assessed against property, or that it is, for any default or

17  defect in the passage or character of the resolution or the

18  plans or specifications or estimate, void or voidable in whole

19  or in part, or that it exceeds the power of the district

20  board, shall be made in writing in person or by attorney and

21  filed with the district clerk at or before the time or

22  adjourned time of such hearing.  Any objections against the

23  making of any assessable improvements not so made shall be

24  considered as waived, and if any objection is made and

25  overruled or is not sustained, the confirmation of the

26  resolution shall be the final adjudication of the issues

27  presented unless proper steps are taken in a court of

28  competent jurisdiction to secure relief within 20 days.

29         (6)(a)  Whenever any resolution providing for the

30  construction or reconstruction of assessable improvements and

31  for the levying of special assessments upon benefited property

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  1  for the payment thereof have been confirmed, as hereinabove

  2  provided, or at any time thereafter, the district board may

  3  issue assessment bonds payable out of such assessments when

  4  collected.  Said bonds shall mature not later than 2 years

  5  after the last installment in which said special assessments

  6  may be paid, as provided in subsection (11), and shall bear

  7  interest at a rate not exceeding 7 1/2  percent per annum.

  8  Such assessment bonds shall be executed, shall have such

  9  provisions for redemption prior to maturity, and shall be sold

10  in the manner and be subject to all of the applicable

11  provisions contained in s. 153.63, Florida Statutes, for

12  revenue bonds, except as the same are inconsistent with the

13  provisions of this section.  The amount of such assessment

14  bonds for any assessable improvement, prior to the

15  confirmation of the preliminary assessment roll provided for

16  in subsection (10), shall not exceed 70 percent of the

17  estimated amount of the cost of such assessable improvements

18  which are to be specially assessed against the land and real

19  estate to be specially benefited thereby, as shown in the

20  estimates of the engineer for the district referred to in

21  subsection (2).  The amount of such assessment bonds for any

22  assessable improvement to be issued, after the confirmation of

23  the preliminary assessment roll provided for in subsection

24  (10), including any assessment bonds theretofore issued, shall

25  not exceed the amount of special assessments actually

26  confirmed and levied by the district board as provided in

27  subsection (10).

28         (b)  Such assessment bonds shall be payable from the

29  proceeds of the special assessments levied for the assessable

30  improvement for which such assessment bonds are issued,

31  provided that any district may pledge the full faith and

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  1  credit of such district for the payment of the principal of

  2  and interest on such assessment bonds if the issuance of such

  3  assessment bonds is approved by the qualified electors who

  4  reside in said district in the manner provided in the State

  5  Constitution and statutes of Florida.

  6         (7)  After the passage of the resolution authorizing

  7  the construction or reconstruction of assessable improvements

  8  has been confirmed as provided in subsection (4), the district

  9  may publish at least once in a newspaper published in the

10  county and circulating in the district, or post in the manner

11  provided in s. 153.56, Florida Statutes, if there is no such

12  newspaper, a notice calling for sealed bids to be received by

13  the district board on a date not earlier than 15 days from the

14  first publication for the construction of the work, unless in

15  the initial resolution the district board has declared its

16  intention to have the work done by district forces without

17  contract.  The notice shall refer in general terms to the

18  extent and nature of the improvement or improvements and may

19  identify the same by the short designation indicated in the

20  initial resolution and by reference to the plans and

21  specifications on file.  If the initial resolution has given

22  two or more alternative descriptions of the assessable

23  improvements as to its material, nature, character, and size

24  and, if the district board has not theretofore determined upon

25  a definite description, the notice shall call for bids upon

26  each of such descriptions. Bids may be requested for the work

27  as a whole or for any part thereof separately and bids may be

28  asked for any one or more of such assessable improvements

29  authorized by the same or different resolutions, but any bid

30  covering work upon more than one improvement shall be in such

31  form as to permit a separation of cost as to each improvement.

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  1  The notice shall require bidders to file with their bids

  2  either a certified check drawn upon an incorporated bank or

  3  trust company in such amount or percentage of their respective

  4  bids as the district board deems advisable or a bid bond in

  5  like amount with corporate surety satisfactory to the district

  6  board to ensure the execution of a contract to carry out the

  7  work in accordance with such plans and specifications and

  8  ensure the filing, at the making of such contract, of a bond

  9  in the amount of the contract price with corporate surety

10  satisfactory to the district conditioned for the performance

11  of the work in accordance with such contract.  The district

12  board shall have the right to reject any or all bids and, if

13  all bids are rejected, the district board may readvertise or

14  may determine to do the work by the district forces without

15  contract.

16         (8)  Promptly after the completion of the work, the

17  engineer for the district, who is hereby designated as the

18  official of the district to make the preliminary assessment of

19  benefits from assessable improvements, shall prepare a

20  preliminary assessment roll and file the same with the

21  district clerk, which roll shall contain the following:

22         (a)  A description of abutting lots and parcels of land

23  or lands within the district which will benefit from such

24  assessable improvements and the amount of such benefits to

25  each such lot or parcel of land.  Such lots and parcels shall

26  include the property of the county and any school district or

27  other political subdivision.  There shall also be given the

28  name of the owner of record of each lot or parcel where

29  practicable, and in all cases there shall be given a statement

30  of the number of feet of property so abutting, which number of

31  feet shall be known as the frontage.

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  1         (b)  The total cost of the improvement and the amount

  2  of incidental expense.

  3         (9)  The preliminary roll shall be advisory only and

  4  shall be subject to the action of the district board as

  5  hereinafter provided.  Upon the filing with the district clerk

  6  of the preliminary assessment roll, the district clerk shall

  7  publish at least once in a newspaper published in the county,

  8  and circulating in the district or, if there is no such

  9  newspaper, post in the manner provided in s. 153.56, Florida

10  Statutes, a notice stating that at a meeting of the district

11  board to be held on a certain day and hour, not less than 15

12  days from the date of such publication or posting, which

13  meeting may be a regular, adjourned, or special meeting, all

14  interested persons may appear and file written objections to

15  the confirmation of such roll.  Such notice shall state the

16  class of the assessable improvements and the location thereof

17  by terminal points and route.

18         (10)  At the time and place stated in such notice, the

19  district board shall meet and receive the objections in

20  writing of all interested persons as stated in such notice.

21  The district board may adjourn the hearing from time to time.

22  After the completion thereof, the district board shall either

23  annul or sustain or modify in whole or in part the preliminary

24  assessment as indicated on such roll, either by confirming the

25  preliminary assessment against any or all lots or parcels

26  described therein or by canceling, increasing, or reducing the

27  same, according to the special benefits which the district

28  board decided each such lot or parcel has received or will

29  receive on account of such improvement. If any property which

30  may be chargeable under this section has been omitted from the

31  preliminary roll or if the preliminary assessment was not made

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  1  against it, the board may place on such roll an apportionment

  2  to such property. The district board shall not confirm any

  3  assessment in excess of the special benefits to the property

  4  assessed, and the assessments so confirmed shall be in

  5  proportion to the special benefits.  Immediately after such

  6  confirmation, such assessment roll shall be delivered to the

  7  district clerk.  The assessment so made shall be final and

  8  conclusive as to each lot or parcel assessed unless proper

  9  steps are taken within 30 days in a court of competent

10  jurisdiction to secure relief.  If the assessment against any

11  property is sustained or reduced or abated by the court, the

12  district clerk shall note that fact on the assessment roll

13  opposite the description of the property affected thereby.

14  The amount of the special assessment against any lot or parcel

15  which may be reduced or abated by the court, unless the

16  assessment upon the entire district is reduced or abated, or

17  the amount by which such assessment is so reduced, may by

18  resolution of the district board be made chargeable against

19  the district at large, or, at the discretion of the district

20  board, a new assessment roll may be prepared and confirmed in

21  the manner hereinabove provided for the preparation and

22  confirmation of the original assessment roll.

23         (11)(a)  Any assessment may be paid at the office of

24  the district clerk within 60 days after the confirmation

25  thereof, without interest.  Thereafter, all assessments shall

26  be payable in equal installments, with interest at a rate not

27  exceeding 8 percent per annum from the expiration of said 60

28  days in each of the succeeding number of years which the

29  district board shall determine by resolution, not exceeding

30  20; however, the district board may provide that any

31  assessment may be paid at any time before due, together with

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  1  interest accrued thereon to the date of payment, if such prior

  2  payment is permitted by the proceedings authorizing any

  3  assessment bonds or other obligations for the payment of which

  4  such special assessments have been pledged.

  5         (b)  All such special assessments shall be collected by

  6  the tax collector of the county in which the district is

  7  located at the same time as the ad valorem taxes of the

  8  district and general county taxes are collected by the tax

  9  collector of such county, and the district shall certify to

10  the county tax collector in each year a list of all such

11  special assessments and a description of and name of the

12  owners of the properties against which such special

13  assessments have been levied and the amounts due thereon in

14  such year, and interest thereon, and any deficiencies for

15  prior years.

16         (c)  All assessments shall constitute a lien upon the

17  property so assessed from the date of confirmation of the

18  resolution ordering the improvement, of the same nature and to

19  the same extent as the lien for general county taxes falling

20  due in the same year or years in which such assessments or

21  installments thereof fall due, and any assessment or

22  installment not paid when due shall be collectible with such

23  interest and with a reasonable attorney's fee and costs, but

24  without penalties, by the district by proceedings in a court

25  of equity to foreclose the lien of assessments as a lien for

26  mortgages is or may be foreclosed under the laws of the state,

27  provided that any such proceedings to foreclose shall embrace

28  all installments of principal remaining unpaid with accrued

29  interest thereon, which installments shall, by virtue of the

30  institution of such proceedings, immediately become due and

31  payable.

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  1         (d)  Nevertheless, if, prior to any sale of the

  2  property under decree of foreclosure in such proceedings,

  3  payment is made of the installment or installments which are

  4  shown to be due under the provisions of the resolution passed

  5  pursuant to subsection (10) and by this subsection, and all

  6  costs including interest and attorney's fees, such payment

  7  shall have the effect of restoring the remaining installments

  8  to their original maturities as provided by the resolution

  9  passed pursuant to this subsection and the proceedings shall

10  be dismissed.

11         (e)  It shall be the duty of the district to enforce

12  the prompt collection of assessments by the means herein

13  provided, and such duty may be enforced at the suit of any

14  holder of bonds issued under this law in a court of competent

15  jurisdiction by mandamus or other appropriate proceedings or

16  action.

17         (f)  Not later than 30 days after the annual

18  installments are due and payable, it shall be the duty of the

19  district board to direct the attorney or attorneys whom the

20  district board shall then designate, to institute action

21  within 2 months after such direction to enforce the collection

22  of all special assessments for assessable improvements made

23  under this section and remaining due and unpaid at the time of

24  such direction.  Such action shall be prosecuted in the manner

25  and under the conditions in and under which mortgages are

26  foreclosed under the laws of the state.

27         (g)  It shall be lawful to join in one action the

28  collection of assessments against any or all property assessed

29  by virtue of the same assessment roll unless the court deems

30  such joinder prejudicial to the interest of any defendant.

31  The court shall allow a reasonable attorney's fee for the

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  1  attorney or attorneys of the district, and the same shall be

  2  collectible as a part of or in addition to the costs of the

  3  action.

  4         (h)  At the sale pursuant to decree in any such action,

  5  the district may be a purchaser to the same extent as an

  6  individual person or corporation, except that the part of the

  7  purchase price represented by the assessments sued upon and

  8  the interest thereon need not be paid in cash.  Property so

  9  acquired by a district may be sold or otherwise disposed of,

10  the proceeds of such disposition to be placed in the fund

11  provided by paragraph (1)(b) of this section; however, no sale

12  or other disposition thereof shall be made unless the notice

13  calling for bids therefor to be received at a stated time and

14  place have been published in a newspaper published in the

15  county and circulating in the district, or posted in the

16  manner provided in s. 153.56, Florida Statutes, if there is no

17  such newspaper, at least 20 days prior to such disposition.

18         (12)  All assessments and charges made under the

19  provisions of this section for the payment of all or any part

20  of the cost of any assessable improvements for which

21  assessment bonds have been issued under the provisions of this

22  law, or which have been pledged as additional security for any

23  other bonds or obligations issued under this law, shall be

24  used only for the payment of principal of or interest on such

25  assessment bonds or other bonds or obligations.

26         (13)  The county in which the district is located and

27  each school district and other political subdivision wholly or

28  partly within the district shall possess the same power and be

29  subject to the same duties and liabilities in respect of

30  assessment under this section affecting the real estate of

31  such county, school district, or other political subdivision

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  1  which private owners of real estate possess or are subject to

  2  hereunder, and such real estate of any such county, school

  3  district, and political subdivision shall be subject to liens

  4  for said assessments in all cases in which the same property

  5  would be subject to such liens had it at the time the lien

  6  attached been owned by a private owner.

  7         Section 10.  Water rates and service charges.--The

  8  board of commissioners may fix and revise from time to time

  9  rates and charges for water furnished by any waterworks

10  facilities and sewer service charges for the services

11  furnished by any sewerage facilities, and charge and collect

12  the same.  Any such rates and charges shall be so fixed and

13  revised as to provide funds, with other funds available for

14  such purpose, sufficient at all times:

15         (1)  To pay the cost of maintaining, repairing, and

16  operating the waterworks and sewerage facilities of the

17  district and to provide reserves therefor and for replacements

18  and depreciation and necessary extensions and enlargements.

19         (2)  To pay the principal of and the interest on all

20  outstanding bonds for the payment of which such rates and

21  charges are pledged as the same become due and provide

22  reserves therefor.  Said bonds shall bear interest at a rate

23  pursuant to the applicable Florida statute, and be sold at

24  public sale. However, in the event an offer of an issue of

25  bonds at public sale produces no bid or in the event all bids

26  received are rejected, the board is authorized to negotiate

27  for the sale of such bonds under such rates and terms as are

28  acceptable.  However, no such bonds shall be sold or delivered

29  at a higher net interest cost rate than contained in any bids

30  rejected at the public sale thereof, or at the rate contained

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  1  in the notice of public sale if no bids were received at such

  2  public sale.

  3         (3)  To provide a margin of safety for making such

  4  payments and providing such reserves. Such rates and charges

  5  shall not be subject to supervision or regulation by any

  6  commission, board, bureau, or agency of the state or any

  7  political subdivision of the state.  Such rates and charges

  8  shall be just and equitable and the sewer service charges may

  9  be based or computed either upon the quantity of water used or

10  upon the number and size of sewer connections or upon the

11  number and kind of plumbing fixtures in use on the premises

12  connected with the sewerage facilities or upon the number of

13  persons residing or working in or otherwise connected with

14  such premises or upon the type or character of such premises

15  or upon any other factor affecting the use of the facilities

16  furnished or upon any combination of the foregoing factors.

17  In cases in which the character of the sewage from any

18  manufacturing or industrial plant, building, or premises is

19  such that it imposes an unreasonable burden upon any sewerage

20  facility, an additional charge may be made therefor, or the

21  board may, if it deems advisable, compel such manufacturing or

22  industrial plant, building, or premises to treat such sewage

23  in a manner specified by the board before discharging the

24  sewage into any sewer lines owned or maintained by the

25  district.

26         Section 11.  Collection of rates and charges.--The

27  board of commissioners may provide in the resolution

28  authorizing the issuance of bonds under this act or in any

29  trust agreement securing such bonds that any sewer service

30  shall be included in bills rendered for water used on the

31  premises and that if any water rates or sewer service charges

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  1  are not paid within 30 days from the rendition of any such

  2  bills, the district shall discontinue furnishing water to such

  3  premises and may disconnect the same from the waterworks

  4  facilities.  Any such resolution or trust agreement may

  5  include any or all of the following provisions, and may

  6  require the board to adopt such resolutions or to take such

  7  other lawful action as is necessary to effectuate such

  8  provisions, and the board is hereby authorized to adopt such

  9  resolutions and to take such other action:

10         (1)  That the district may require the owner, tenant,

11  or occupant of each lot or parcel of land within the district

12  who is obligated to pay water rates or sewer charges to the

13  district to make a reasonable deposit with the district in

14  advance to ensure the payment of such rates or charges and to

15  be subject to application to the payment thereof, if and when

16  delinquent.

17         (2)  That if any water rates or sewer charges payable

18  to the district are not paid within 30 days after the same

19  become due and payable, the district may at the expiration of

20  such 30-day period disconnect the premises from the waterworks

21  or sewerage facilities; and the district may proceed to

22  recover the amount of any such delinquent rates or charges,

23  with interest, in an action as provided by law.

24         (3)  That if any sewer service charges for the use of

25  any sewerage facilities by or in connection with any premises

26  not served by any waterworks facilities of the district are

27  not paid within 30 days after the same become due and payable,

28  the owner, tenant, or occupant of such premises shall cease to

29  dispose of sewage or industrial wastes originating from or on

30  such premises by discharge thereof directly or indirectly into

31  the sewerage facilities of the district until such sewer

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  1  service charges, with interest, are paid; that if such owner,

  2  tenant, or occupant does not cease such disposal at the

  3  expiration of the 30-day period, it shall be the duty of any

  4  public or private corporation, board, body, or person

  5  supplying water to or selling water for use on such premises

  6  to cease supplying water to or selling water for use on such

  7  premises within 5 days after the receipt of notice of such

  8  delinquency from the district; and that if such corporation,

  9  board, body, or person does not, at the expiration of the

10  5-day period, cease supplying water to or selling water for

11  use on such premises, then the district may, unless it has

12  theretofore contracted to the contrary, shut off the supply of

13  water to such premises.

14         Section 12.  Connection with sewer system.--Upon the

15  construction of sewerage facilities under the provisions of

16  this act, the owner, tenant, or occupant of each lot or parcel

17  of land within the district which abuts upon a street or other

18  public way containing a sanitary sewer as a part of such

19  sewerage facility or a sanitary sewer served or which may be

20  served by such sewerage facilities and upon which lot or

21  parcel a building has been constructed for residential,

22  commercial, or industrial use, shall, if so required by the

23  regulations and rules or a resolution of the board, connect

24  with such building such sanitary sewer, and shall cease to use

25  any other method for the disposal of sewage wastes or other

26  polluting matter.  All such connections shall be made in

27  accordance with rules and regulations and may provide for a

28  charge for making any such connection in such reasonable

29  amount as the board may fix and establish.  This act being

30  necessary for the welfare of the inhabitants of the county

31  shall be liberally construed to effect the purpose thereof.

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  1         Section 13.  Declaration of policy.--The undertakings

  2  enumerated in this act constitute a proper public purpose for

  3  the benefit and welfare of the inhabitants of the district and

  4  it is hereby found and declared that in the construction,

  5  acquisition, improvement, maintenance, operation, extension,

  6  and improvement of any or all of its systems, the district

  7  will be exercising a proper governmental function.

  8         Section 14.  Audits.--The accounts and records of the

  9  board shall be postaudited annually, at the expense of the

10  board, as required by law.

11         Section 15.  In accordance with the provisions of s.

12  11(a)(21) of Article III of the State Constitution, if passed

13  by at least three-fifths vote of the membership of each house,

14  this act shall take effect only upon its approval by a

15  majority vote of those qualified electors voting in a

16  referendum election to be called by the Board of County

17  Commissioners of Collier County, in accordance with the

18  provisions of law relating to elections currently in force in

19  Collier County; except that this section shall take effect

20  upon becoming a law.

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