1 | A bill to be entitled |
2 | An act relating to the Scripps Research Improvement |
3 | District; creating the Scripps Research Improvement |
4 | District; providing definitions; providing for a board of |
5 | supervisors; providing for the appointment of the initial |
6 | board of supervisors of the district; providing for the |
7 | election of the board of supervisors by a specified date; |
8 | providing for membership, terms of office, qualifications, |
9 | organization, and compensation of the board; providing for |
10 | meetings of the landowners and supervisors; providing |
11 | procedures and requirements with respect thereto; |
12 | providing for the appointment of a treasurer, selection of |
13 | depositories, and employment of a fiscal agent; providing |
14 | powers and duties of the board of supervisors; providing |
15 | powers and duties of the district; providing for the |
16 | ownership, acquisition, mortgage, lease, and disposal of |
17 | property and facilities; providing that the district has |
18 | the power of eminent domain; providing powers of the |
19 | district with respect to water management, irrigation, and |
20 | erosion control; providing powers of the district with |
21 | respect to regulation of the use of sewers and the supply |
22 | of water within the district; providing powers of the |
23 | district with respect to waste collection and disposal; |
24 | providing powers of the district with respect to mosquito |
25 | and pest control; providing powers of the district with |
26 | respect to recreation and parking facilities; providing |
27 | powers of the district with respect to fire protection; |
28 | providing powers of the district with respect to promotion |
29 | of the district; providing powers of the district with |
30 | respect to transportation within the district; providing |
31 | powers of the district with respect to the designation, |
32 | creation, and enhancement of conservation areas; providing |
33 | power of the district to issue bonds for specified |
34 | purposes and projects; providing powers of the district |
35 | with respect to specified projects, including research and |
36 | development projects; providing powers of the district |
37 | with respect to the acquisition, construction, and |
38 | maintenance of roads within the district; providing powers |
39 | of the district with respect to the construction, |
40 | maintenance, and operation of facilities, projects, and |
41 | systems within units of the district; providing procedures |
42 | and requirements with respect to the designation of |
43 | district units and objections or challenges thereto; |
44 | providing for the adoption of unit development plans; |
45 | providing procedures and requirements with respect to |
46 | assessments, levies, taxes, bonds, and other obligations |
47 | relative to unit development, the modification of unit |
48 | development plans, and the changing of unit boundaries; |
49 | providing for the exercise of district powers within |
50 | municipalities situated wholly or partly within the |
51 | district; specifying powers of the district with respect |
52 | to projects, the furnishing of facilities and services, |
53 | and the collection of fees, rentals, and other charges |
54 | within the district; providing a limitation on powers of |
55 | the district outside the territorial limits of the |
56 | district; providing for mandatory use of certain district |
57 | facilities and services; providing for maintenance of |
58 | projects across rights-of-way; providing power of the |
59 | district to prescribe, fix, establish and collect rates, |
60 | fees, rentals, tolls, fares, and other charges for |
61 | specified purposes and to assess penalties for |
62 | delinquencies; providing procedures and requirements with |
63 | respect to the fixing of such rates, fees, rentals, tolls, |
64 | fares, and other charges; specifying uses thereof; |
65 | providing power of the board to enter into specified |
66 | contracts; providing for recovery of delinquent charges, |
67 | including attorney's fees and costs; providing for the |
68 | discontinuance of service in the event of nonpayment of |
69 | fees, rentals, or charges, procedures with respect to |
70 | recovery, and enforcement of payment; providing authority |
71 | of the district to enter into agreements for the |
72 | furnishing of specified facilities and services; providing |
73 | exclusive authority of the district with respect to |
74 | comprehensive planning, zoning, subdivision, and land |
75 | development, building, environmental, and fire and life |
76 | safety regulations; prohibiting the annexation into the |
77 | district of unincorporated lands located outside the |
78 | district; prohibiting involuntary annexation of specified |
79 | lands by a municipality; permitting certain voluntary |
80 | annexation of district lands; providing power of the board |
81 | to levy ad valorem taxes for specified purposes; providing |
82 | a limitation on the levy of such taxes; providing for |
83 | determination of district ad valorem taxes; providing for |
84 | tax liens and service charge liens for nonpayment of taxes |
85 | or fees and charges under service agreements; providing |
86 | for foreclosure of liens by the district; providing |
87 | procedures and requirements with respect thereto; |
88 | providing rights of the district with respect to payment |
89 | of delinquent taxes or assessments and redemption or |
90 | purchase of sales tax certificates; providing authority of |
91 | the district to issue general obligation bonds subject to |
92 | approval by referendum; providing procedures and |
93 | requirements with respect thereto; providing authority of |
94 | the district to issue revenue bonds; specifying sources |
95 | from which such bonds may be secured or payable; |
96 | authorizing the combination of projects; providing |
97 | procedures and requirements with respect thereto; |
98 | authorizing the issuance of additional bonds for the |
99 | completion of specified projects; providing authority of |
100 | the district to issue refunding bonds; providing |
101 | procedures and requirements with respect thereto; |
102 | authorizing the district to pledge ad valorem taxes, |
103 | assessments, and other revenues and properties as |
104 | additional security on bonds; providing that pledged |
105 | revenues, taxes and assessments are subject to lien; |
106 | providing for authority of the district to provide for the |
107 | construction or reconstruction of assessable improvements, |
108 | and for the levying of special assessments therefore; |
109 | providing requirements and procedures with respect |
110 | thereto; providing notice and hearing requirements; |
111 | providing for the issuance of assessment bonds and |
112 | requirements and procedures with respect to such bonds; |
113 | providing for payment and collection of assessments; |
114 | providing for lien and foreclosure with respect to |
115 | nonpayment of assessments; providing for maintenance of |
116 | assessment funds in a special fund and providing |
117 | restrictions on the use of such funds; specifying the |
118 | powers of Palm Beach County and school districts and other |
119 | political subdivisions wholly or partly within the |
120 | district with respect to such special assessments; |
121 | authorizing the board to modify or revoke any plan or |
122 | specification for any assessable improvement and to |
123 | reassess benefits or make additional assessments; |
124 | providing for the issuance of certificates of |
125 | indebtedness; providing requirements and procedures with |
126 | respect thereto; providing authority of the district to |
127 | issue assessment bonds; providing requirements and |
128 | procedures with respect thereto; providing authority of |
129 | the district to issue bond anticipation notes; providing |
130 | requirements and procedures with respect thereto; |
131 | authorizing the district to obtain specified short-term |
132 | loans; providing for the securing of an issue of bonds by |
133 | a trust agreement between the district and a corporate |
134 | trustee; providing requirements and procedures with |
135 | respect thereto; providing requirements and procedures |
136 | with respect the sale, authorization, and form of bonds; |
137 | providing for maximum allowable interest on district |
138 | bonds; providing for the issuance of interim certificates, |
139 | receipts, or temporary bonds and for the replacement of |
140 | specified bonds; providing for negotiability of bonds; |
141 | providing for defeasance; providing that bonds issued |
142 | under the act are legal investments and securities; |
143 | authorizing specified covenants with respect to bonds |
144 | issued under the act; providing for validity of bonds and |
145 | proceedings with respect to determination of validity; |
146 | providing that the act constitutes full and complete |
147 | authority for the issuance of bonds and the exercise of |
148 | the powers of the district; providing pledge to the |
149 | bondholders of the district and to the Federal Government; |
150 | authorizing the board and the governing bodies of any |
151 | municipalities located within the district to enter into |
152 | contracts and agreements with respect to common powers, |
153 | duties, and functions; authorizing the state, counties, |
154 | and municipalities to enter into cooperation agreements |
155 | with the district for specified purposes; authorizing the |
156 | board to undertake and finance district projects jointly |
157 | with the Scripps Research Institute, Palm Beach County, or |
158 | any municipality, or to combine projects of the district |
159 | with the projects of a municipality or municipalities; |
160 | providing authority of the district to make and enter into |
161 | all necessary contracts and agreements and to accept and |
162 | receive grants or loans of money, material, or property; |
163 | providing tax exemption for all assets and properties of |
164 | the district, bonds issued by the district, and all fees, |
165 | charges and other revenues derived by the district from |
166 | the projects under the act; providing construction with |
167 | respect thereto; providing conditions precedent to |
168 | bringing suit against the district; authorizing specified |
169 | action to be taken absent notice and hearing upon the |
170 | written consent of landowners; providing remedies for |
171 | noncompliance with the act; providing injunctive relief; |
172 | specifying violations; providing penalties; authorizing |
173 | investment of district funds by the board in specified |
174 | obligations, bonds, notes, and other investments; |
175 | specifying the fiscal year of the district; providing |
176 | severability; providing construction of the act; requiring |
177 | a referendum; providing an effective date. |
178 |
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179 | WHEREAS, the economic progress and well-being of the people |
180 | of Florida depend in large measure upon attracting and creating |
181 | new high technology investments and jobs to Florida, and |
182 | WHEREAS, recent advances in technology and changes in the |
183 | national and world economies make it imperative that appropriate |
184 | measures be taken to promote new investments in job creation, |
185 | the conservation of natural resources, and sustainable |
186 | communities, and |
187 | WHEREAS, the promotion of new investments to create new |
188 | jobs, the creation of sustainable communities, and conservation |
189 | of natural resources are valid public purposes and the |
190 | legitimate concern of special taxing districts created for that |
191 | purpose, and |
192 | WHEREAS, it is the intention of the Legislature to |
193 | establish the powers, functions, and authorities of the Scripps |
194 | Research Improvement District, so as to enable that district to |
195 | undertake the improvements herein provided for, to promote and |
196 | create favorable conditions for the development and practical |
197 | application of new and advanced biotechnology concepts, and to |
198 | create a sustainable community, and |
199 | WHEREAS, the objectives and purposes of the Scripps |
200 | Research Improvement District shall be to provide for the |
201 | management of surface water, irrigation of land, environmental |
202 | mitigation, water and sewer systems, waste collection and |
203 | disposal facilities, mosquito and other pest controls, public |
204 | recreation, parking and pedestrian facilities, advertising, |
205 | public transportation, and other public utilities; to create and |
206 | maintain conservation areas and wildlife sanctuaries; to provide |
207 | streets, roads, bridges, street lighting, bike paths, pedestrian |
208 | ways, hiking trails, parks, landscaping, and signage; to adopt a |
209 | comprehensive plan and land development regulations; and to |
210 | exercise all of the other powers and authorities provided for in |
211 | this act, and |
212 | WHEREAS, the Legislature hereby finds and declares that the |
213 | several powers and authorities provided for in this act are each |
214 | valid and independent objectives and purposes of the Scripps |
215 | Research Improvement District and essential to the |
216 | accomplishment of the purposes of this act, and |
217 | WHEREAS, the Legislature further finds and declares that |
218 | the purposes of this act cannot be realized except through a |
219 | special taxing district having the powers hereinafter provided |
220 | and that the operation of the district and its facilities and |
221 | services and the exercise by the board of supervisors of the |
222 | district of the powers and authorities provided for herein are |
223 | necessary for the convenience, comfort, and welfare of the |
224 | district and all its inhabitants and landowners, will benefit |
225 | all properties, persons and enterprises within the district, and |
226 | constitute a valid public purpose, NOW, THEREFORE, |
227 |
|
228 | Be It Enacted by the Legislature of the State of Florida: |
229 |
|
230 | Section 1. Creation of the district.--There is hereby |
231 | created the Scripps Research Improvement District. |
232 | Section 2. Definitions.--Unless the context shall indicate |
233 | otherwise, the following words as used in this act shall have |
234 | the following meanings: |
235 | (1) "Assessable improvements" includes, without |
236 | limitation, any and all water management works and facilities, |
237 | preservation, conservation, and mitigation projects, sewer |
238 | systems, storm sewers and drains, water systems, streets, roads, |
239 | parks, landscaping, street lighting, signage, bike paths, |
240 | pedestrian ways, hiking trails, or other projects of the |
241 | district, or that portion or portions thereof, local in nature |
242 | and of special benefit to the premises or lands served thereby, |
243 | and any and all modifications, improvements, and enlargements |
244 | thereof. |
245 | (2) "Bond" includes "certificate," and provisions |
246 | applicable to bonds shall be equally applicable to certificates. |
247 | "Bond" includes general obligation bonds, assessment bonds, |
248 | refunding bonds, excise tax bonds, revenue bonds, and such other |
249 | obligations in the nature of bonds as are provided for in this |
250 | act, as the case may be. |
251 | (3) "Board of supervisors" means the Board of Supervisors |
252 | of the Scripps Research Improvement District or, if such |
253 | district shall be abolished, the board, body, or commission |
254 | succeeding to the principal functions thereof or to whom the |
255 | powers given by this act to the board of supervisors shall be |
256 | given by law. |
257 | (4) "Cost," when used with reference to any project, |
258 | includes, but is not limited to, the expenses of determining the |
259 | feasibility or practicability of acquisition, construction, or |
260 | reconstruction; the cost of surveys, estimates, plans, and |
261 | specifications; the cost of acquisition, construction, or |
262 | reconstruction; the cost of improvements; engineering, |
263 | consultants, fiscal and legal expenses, and charges; the cost of |
264 | all labor, materials, machinery, and equipment; the cost of all |
265 | lands, properties, rights, easements, and franchises acquired; |
266 | federal, state, and local taxes and assessments; financing |
267 | charges; the creation of initial reserve and debt service funds; |
268 | working capital; interest charges incurred or estimated to be |
269 | incurred on money borrowed prior to and during construction and |
270 | acquisition and for such period of time after completion of |
271 | construction or acquisition as the board of supervisors may |
272 | determine; the cost of issuance of bonds pursuant to this act, |
273 | including advertisements and printing; the cost of any election |
274 | held pursuant to this act and all other expenses of issuance of |
275 | bonds; discount, if any, on the sale or exchange of bonds; |
276 | administrative expenses; such other expenses as may be necessary |
277 | or incidental to the acquisition, construction, or |
278 | reconstruction of any project or to the financing thereof, or |
279 | the development of any lands within the district; and |
280 | reimbursement of any public or private body, person, firm, or |
281 | corporation for any moneys advanced in connection with any of |
282 | the foregoing items of cost. Any obligation or expense incurred |
283 | prior to the issuance of bonds in connection with the |
284 | acquisition, construction, or reconstruction of any project or |
285 | improvements thereon, or in connection with any other |
286 | development of land that the board of supervisors of the |
287 | district shall determine to be necessary or desirable in |
288 | carrying out the purposes of this act, may be treated as a part |
289 | of such cost. |
290 | (5) "District" means the Scripps Research Improvement |
291 | District. |
292 | (6) "Landowner" means the owner of the freehold estate, as |
293 | appears by the deed record, including private corporations |
294 | having such an ownership interest, and shall not include |
295 | reversioners, remaindermen, trustees, (other than persons owning |
296 | the freehold estate as of deed record) or mortgagees, who shall |
297 | not be counted and need not be notified by publication or served |
298 | by process, but shall be represented by the present owners of |
299 | the freehold estate in any proceeding under this act. |
300 | (7) "Parking facilities" means lots, garages, parking |
301 | terminals, and other structures either single or multilevel and |
302 | at, above, or below the surface for the offstreet parking of |
303 | motor vehicles, open to public use with or without a fee, |
304 | including, but without limiting the generality of the foregoing, |
305 | facilities for automobiles, trucks, buses, trains, bicycles, |
306 | trolleys, shuttles, waiting rooms, associated retail and service |
307 | facilities, lockers, and, if deemed necessary or desirable by |
308 | the board of supervisors, space to be leased for such uses as |
309 | the board of supervisors may deem advisable, and all facilities |
310 | appurtenant thereto, including onstreet parking meters, and all |
311 | property rights, easements, and interests relating thereto which |
312 | the board of supervisors deems necessary or desirable for the |
313 | construction or operation thereof. |
314 | (8) "Plat" means a map or drawing depicting the division |
315 | of lands into lots, blocks, parcels, tracts, sites, or other |
316 | divisions, however the same may be designated. |
317 | (9) "Project" means any development, improvement, |
318 | property, utility, facility, system, or water and surface water |
319 | management facilities, and works, including, without limitation, |
320 | water and sewer systems, waste collection and disposal systems, |
321 | roads, sidewalks, parks, lighting, signage, bike paths, |
322 | pedestrian ways, hiking trails, landscaping, parking facilities, |
323 | public transportation facilities and devices, and telephone, |
324 | cable, satellite, cellular, and other communication facilities |
325 | and services, now existing or hereafter undertaken or |
326 | established, that under the provisions of this act, the district |
327 | is authorized to construct, acquire, undertake, or furnish for |
328 | its own use or for the use of any other person, firm, or |
329 | corporation owning, leasing, or otherwise using the same, for |
330 | any profit or nonprofit purpose or activity, and shall include, |
331 | without limitation, such repairs, replacements, additions, |
332 | extensions, and betterments of and to any project as may be |
333 | deemed necessary or desirable by the board of supervisors to |
334 | place or to maintain such project in proper condition for the |
335 | safe, efficient, and economic operation thereof. |
336 | (10) "Sewer system" means any plant, system, facility, or |
337 | property and additions, extensions, and improvements thereto at |
338 | any future time constructed or acquired as part thereof, useful |
339 | or necessary or having the present capacity for future use in |
340 | connection with the collection, treatment, purification, or |
341 | disposal of sewage, including, without limitation, industrial |
342 | wastes resulting from any processes of industry, manufacture, |
343 | trade, or business or from the development of any natural |
344 | resources; and, without limiting the generality of the |
345 | foregoing, shall include treatment plants, disposal facilities, |
346 | pumping stations, lift stations, valves, force mains, |
347 | intercepting sewers, laterals, pressure lines, mains, and all |
348 | necessary appurtenances and equipment; all sewer mains, |
349 | laterals, and other devices for the reception, treatment, |
350 | disposal, and collection of sewage from premises connected |
351 | therewith; all real and personal property and any interest |
352 | therein; and rights, easements, and franchises of any nature |
353 | whatsoever relating to any such system and necessary or |
354 | convenient for the operation thereof. |
355 | (11) "Subdivision" means the division of a parcel of land, |
356 | whether improved or unimproved, into two or more lots or parcels |
357 | of land for the purpose, whether immediate or future, of |
358 | transfer of ownership or building development where the |
359 | subdivider advocates, proposes, suggests, or exhibits a proposed |
360 | plan, map, or plat of development of the land or where the |
361 | subdivider proposes to create a street, right-of-way, or |
362 | easement that joins or connects to an existing public street for |
363 | ingress and egress, or to change an existing public street. |
364 | (12) "Waste collection and disposal system" means all the |
365 | facilities of the district for the collection and disposal of |
366 | garbage and other waste matter except sewage, but including |
367 | liquid waste material from septic tank and grease trap systems, |
368 | together with digested sludge from sewage treatment plants, and |
369 | shall include all such facilities, including incinerators, |
370 | composting plants, or other means of disposal constructed or |
371 | acquired pursuant to the provisions of this act, or hereafter |
372 | constructed or acquired by the district from any other source |
373 | whatsoever. |
374 | (13) "Water and surface water management facilities" means |
375 | any canals, ditches, or other drainage facilities, reservoirs, |
376 | dams, levees, sluiceways, dredging holding basins, floodways, |
377 | pumping stations, or any other works, structures, or facilities |
378 | for the conservation, control, development, utilization, and |
379 | disposal of water, and any purposes appurtenant, necessary, or |
380 | incidental thereto, and includes all real and personal property |
381 | and any interest therein, and rights, easements, and franchises |
382 | of any nature relating to any such water and surface water |
383 | management facilities or necessary or convenient for the |
384 | acquisition, construction, reconstruction, operation, or |
385 | maintenance thereof. |
386 | (14) "Water system" means any plant, system, facility or |
387 | property and additions, extensions, and improvements thereto at |
388 | any future time constructed or acquired as part thereof, useful |
389 | or necessary or having the present capacity for future use in |
390 | connection with the development of sources, treatment, or |
391 | purification and distribution of water for domestic, irrigation, |
392 | commercial, or industrial use and, without limiting the |
393 | generality of the foregoing, includes dams, reservoirs, storage |
394 | tanks, mains, lines, valves, pumping stations, laterals, and |
395 | pipes for the purpose of carrying water to the premises |
396 | connected with such system, all real and personal property and |
397 | any interests therein, and rights, easements, and franchises of |
398 | any nature whatsoever relating to any such system and necessary |
399 | or convenient for the operation thereof. |
400 | (15) References in this act to the "territorial limits" or |
401 | "corporate limits" of the district mean such limits or |
402 | boundaries as the same may from time to time be expanded, |
403 | contracted, or otherwise revised by law or in any proceedings |
404 | taken under this act, and any actions that may be taken by or on |
405 | behalf of the district under this act within the limits or |
406 | boundaries of the district may be taken within such limits or |
407 | boundaries as expanded, contracted, or otherwise revised. |
408 | Section 3. Board of supervisors; elections; organization; |
409 | terms of office; quorum; annual meetings; report and minutes.-- |
410 | (1) The Board of Supervisors of the Scripps Research |
411 | Improvement District shall be the governing body of the district |
412 | and shall, subject to the provisions of this act, exercise the |
413 | powers granted to the district under this act. The board of |
414 | supervisors shall consist of seven members and, except as |
415 | otherwise provided herein, each member shall hold office for a |
416 | term of 4 years and until his or her successor shall be chosen |
417 | and shall qualify. A majority of the members of the board of |
418 | supervisors shall be residents of Palm Beach County. |
419 | (2) In the first 5 years after the effective date of this |
420 | act, the board of supervisors shall be appointed, three members |
421 | by the Governor, one by the Senate President, one by the Speaker |
422 | of the House of Representatives, one by the City Commission of |
423 | Palm Beach Gardens, and one by the County Commission of Palm |
424 | Beach County. Thereafter, the landowners within the district |
425 | shall elect the supervisors as set forth herein. |
426 | (3) The first annual meeting of the landowners of the |
427 | district under this act shall be held in May, 2010 for the |
428 | purpose of electing three supervisors for terms of 4 years each |
429 | commencing on June 6, 2010, and until their successors are |
430 | chosen and shall qualify. If for any reason such first annual |
431 | meeting cannot be held in May, 2010 then such meeting shall be |
432 | held as soon as practicable thereafter. Thereafter, an annual |
433 | meeting of the landowners shall be held during the month of May |
434 | of each year. |
435 | (4) Following the fourth annual meeting of the landowners, |
436 | elections of supervisors shall be held every 2 years for the |
437 | purpose of electing three or four supervisors, as the case may |
438 | be, as successors to the supervisors whose terms expire in June |
439 | of such year. Each supervisor so elected shall hold office for a |
440 | term of 4 years, commencing as of the first Tuesday in June of |
441 | the year of his or her election and until his or her successor |
442 | is chosen and shall qualify. Such elections shall be held at the |
443 | annual meeting of the landowners of the district held in such |
444 | year. |
445 | (5) At all elections of supervisors, each landowner shall |
446 | be entitled to one vote in person or by written proxy for every |
447 | acre of land and for every major fraction of an acre owned by |
448 | him or her in the district. The ownership of land or lands |
449 | aggregating in excess of one-half acre and less than one acre |
450 | shall entitle the landowner to one vote with respect thereto. |
451 | Except as otherwise provided hereinabove, there shall be no more |
452 | than one vote for every acre of land within the district, |
453 | regardless of the number of fractional or other ownership |
454 | interests held therein. Ownership of one-half acre or a lesser |
455 | fraction of an acre shall not entitle the owner thereof to a |
456 | vote. The person receiving the highest number of votes for the |
457 | office of supervisor shall be declared elected. If at any |
458 | meeting of the landowners more than one office of supervisor is |
459 | to be filled, a separate vote shall be taken on each such |
460 | office. The votes shall be decided by lot. |
461 | (6) All supervisors shall hold office for the terms for |
462 | which they are elected or appointed and until their successors |
463 | shall be chosen and qualify. In case of a vacancy after June 6, |
464 | 2010, in the office of any supervisor, the remaining supervisor |
465 | or supervisors even though less than a quorum may fill such |
466 | vacancy until the sooner occurrence of: |
467 | (a) The next annual meeting of the landowners, when a |
468 | successor to such appointee shall be elected by the landowners |
469 | for the unexpired term; or |
470 | (b) The election by the landowners of a successor to such |
471 | appointee for the unexpired term, at a special meeting of the |
472 | landowners called for such purpose at any time upon written |
473 | request of the landowners as provided in subsection (5). |
474 |
|
475 | In the event any vacancy remains unfilled for more than 30 days |
476 | after such vacancy occurs, it may be filled by vote of the |
477 | landowners at a meeting of landowners called for such purpose, |
478 | and the person so elected shall replace any person who may have |
479 | been elected by the remaining supervisor or supervisors after |
480 | the landowners have made a written request for such an election |
481 | as provided in subsection (5). |
482 | (7) As soon as practicable after each election, the board |
483 | of supervisors of the district shall organize by choosing one of |
484 | their number president of the board of supervisors and by |
485 | electing a secretary, who need not be a member of the board. The |
486 | board of supervisors shall adopt a seal which shall be the seal |
487 | of the district. |
488 | (8) A majority of the members of the board of supervisors |
489 | shall constitute a quorum. |
490 | (9) At each annual meeting of the landowners of the |
491 | district the board of supervisors shall report all work |
492 | undertaken or completed during the preceding year and the status |
493 | of the finances of the district. |
494 | (10) The board of supervisors shall keep a permanent |
495 | record book entitled "Record of Governing Board of Scripps |
496 | Research Improvement District," in which shall be recorded |
497 | minutes of all meetings, resolutions, proceedings, certificates, |
498 | bonds given by all employees, and any and all corporate acts, |
499 | which book shall at reasonable times be opened to public |
500 | inspection. Such record book shall be kept at an office or other |
501 | regular place of business maintained by the board of supervisors |
502 | in Palm Beach County. |
503 | (11) Whenever any election shall be authorized or required |
504 | by this act to be held by the landowners at any particular or |
505 | stated time or day, and if for any reason such election is not |
506 | held at such time or on such day, then in such event the power |
507 | or duty to hold such election shall not cease or lapse, but such |
508 | election shall be held thereafter when practicable, in |
509 | accordance with the procedures provided by this act. |
510 | Section 4. Notice and call of meetings of landowners; |
511 | quorum; adjournments; representation at meetings; recall; taking |
512 | action without meeting.-- |
513 | (1) The board of supervisors shall provide for the giving |
514 | of notice of all meetings of landowners by publication once a |
515 | week for 2 consecutive weeks prior to such meeting in a |
516 | newspaper or newspapers published or of general circulation in |
517 | Palm Beach County. Meetings of landowners shall be held in a |
518 | public place, or any other place made available for the purpose |
519 | of such meeting, in Palm Beach County and the place, date, and |
520 | hour of holding such meeting and the purpose thereof shall be |
521 | stated in the notice. Landowners representing a majority of the |
522 | number of acres in the district, present in person or by proxy, |
523 | shall constitute a quorum at any meeting of the landowners. |
524 | (2) The board of supervisors shall have the power to call |
525 | special meetings of the landowners at any time to receive |
526 | reports of the board of supervisors or for such other purpose as |
527 | the board of supervisors may determine. After June 6, 2010, a |
528 | special meeting of the landowners may also be called at any time |
529 | upon notice as provided hereinabove at the written request of |
530 | the owners of not less than 25 percent in acreage of the land |
531 | within the district for the purpose of: |
532 | (a) Filling any vacancy on the board of supervisors |
533 | remaining unfilled for more than 30 days after such vacancy |
534 | occurs; |
535 | (b) Recalling any supervisor theretofore elected or |
536 | designated and filling such vacancy for the unexpired term; or |
537 | (c) Taking any other action by the landowners of the |
538 | district. |
539 |
|
540 | Such special meeting shall be called by any court of competent |
541 | jurisdiction in the event that the board of supervisors fails to |
542 | do so upon request as provided in the preceding sentence. Except |
543 | as otherwise provided in section 3 (4) with respect to the |
544 | election of supervisors, action taken at a meeting of the |
545 | landowners shall be by the affirmative vote of the owners of at |
546 | least a majority in acreage of the land within the district |
547 | represented at such meeting. |
548 | (3) If no quorum is present or represented at a meeting of |
549 | the landowners at the time and place the same is called to be |
550 | held, the landowners present and represented, although less than |
551 | a quorum, may adjourn to another time or day, and at such or any |
552 | subsequent adjourned meeting may, if a quorum is then present or |
553 | represented, take any action that the landowners could have |
554 | taken at the meeting or meetings so adjourned for lack of a |
555 | quorum. |
556 | (4) At any meeting of the landowners, guardians may |
557 | represent their wards, executors and administrators may |
558 | represent the estate of deceased persons, trustees may represent |
559 | lands held by them in trust, and private corporations may be |
560 | represented by their duly authorized proxy. All landowners, |
561 | including guardians, executors, administrators, trustees, and |
562 | corporations, may be represented and vote by proxy. |
563 | (5) Any action required or that may be taken at a meeting |
564 | of the landowners may be taken, without a meeting or notice of |
565 | meeting being given, upon the written consent of all of the |
566 | landowners. |
567 | Section 5. Compensation of board.--Each supervisor shall |
568 | be entitled to receive for his or her services a per diem, not |
569 | to exceed that provided by law for state and county officials, |
570 | of $25 for each day actually engaged in work pertaining to the |
571 | district, but not in excess in any one month of $100. In |
572 | addition, each supervisor shall receive reasonable traveling |
573 | expenses for attending the place of meeting from his or her |
574 | residence. Unless the board of supervisors by resolution |
575 | otherwise provides, such traveling expenses shall not be in |
576 | excess of the amounts provided by law for state and county |
577 | officials. |
578 | Section 6. Treasurer; depositories; fiscal agent.-- |
579 | (1) The board of supervisors shall designate a person who |
580 | is a resident of the state, or a bank or trust company organized |
581 | under the laws of the state, as treasurer of the district, who |
582 | shall have charge of the funds of the district. Such funds shall |
583 | be disbursed only upon the order of or pursuant to the |
584 | resolution of the board of supervisors by warrant or check |
585 | signed by the treasurer, or by such other person as may be |
586 | authorized by the board of supervisors. The board of supervisors |
587 | may give the treasurer such other or additional powers and |
588 | duties as the board may deem appropriate, and fix his or her |
589 | compensation. The board of supervisors may require the treasurer |
590 | to give a bond in such amount, on such terms, and with such |
591 | sureties as may be deemed satisfactory to the board to secure |
592 | the performance by the treasurer of his or her powers and |
593 | duties. The board of supervisors shall audit or have audited the |
594 | books of the treasurer at least once a year. |
595 | (2) The board of supervisors is authorized to select as |
596 | depositories in which the funds of the board and of the district |
597 | shall be deposited any banking corporation organized under the |
598 | laws of the state or under the national banking act, doing |
599 | business in the state, upon such terms and conditions as to the |
600 | payment of interest by such depository upon the funds so |
601 | deposited as the board may deem just and reasonable. |
602 | (3) The Comptroller may from time to time adopt, revise, |
603 | and rescind rules and regulations prescribing the qualifications |
604 | of depositories of funds of the district and establishing |
605 | requirements for security to be given by depositories with |
606 | respect to such funds. In the absence of any such rules and |
607 | regulations issued by the Comptroller, the board of supervisors |
608 | may prescribe the qualifications of depositories and the |
609 | requirements for security to be given by depositories. |
610 | (4) The board of supervisors may employ a fiscal agent, |
611 | who shall be either a resident of the state or a corporation |
612 | organized under the laws of this or any other state and |
613 | authorized by such laws to act as such fiscal agent for |
614 | municipal corporations in the state and who shall assist in the |
615 | keeping of the tax books, the collection of taxes, and the |
616 | remitting of funds to pay maturing bonds and coupons, and |
617 | perform such other or additional services and duties as fiscal |
618 | agent and receive such compensation as the board of supervisors |
619 | may determine. |
620 | Section 7. Powers and duties of the board of |
621 | supervisors.-- |
622 | (1) Except as otherwise provided in this act, all of the |
623 | powers and duties of the district shall be exercised by and |
624 | through the board of supervisors. Without limiting the |
625 | generality of the foregoing, the board shall have the power and |
626 | authority to: |
627 | (a) Employ engineers, contractors, consultants, attorneys, |
628 | accountants, agents, employees, and representatives as the board |
629 | of supervisors may from time to time determine, on such terms |
630 | and conditions as the board of supervisors may approve, and fix |
631 | their compensation and duties. |
632 | (b) Adopt bylaws, rules, resolutions, and orders |
633 | prescribing the powers, duties, and functions of the officers of |
634 | the district, the conduct of the business of the district, the |
635 | maintenance of records, and the form of certificates evidencing |
636 | tax liens and all other documents and records of the district. |
637 | The board may adopt administrative rules and regulations with |
638 | respect to any of the projects of the district, on such notice |
639 | and public hearing, if any, as the board may determine. |
640 | (c) Maintain an office at such place or places as it may |
641 | designate. |
642 | (d) Enter or direct the entry upon any lands, premises, |
643 | waters, or other property subject to the requirements of due |
644 | process as to privately owned property. |
645 | (e) Execute all contracts and other documents, adopt all |
646 | proceedings, and perform all acts determined by the board of |
647 | supervisors to be necessary or desirable to carry out the |
648 | purposes of this act. The board may authorize one or more |
649 | members of the board to execute contracts and other documents on |
650 | behalf of the board or the district. |
651 | (f) Establish and create such departments, boards, or |
652 | other agencies as from time to time the board of supervisors may |
653 | deem necessary or desirable in the performance of any acts or |
654 | other things necessary to the exercise of the powers provided in |
655 | this act, and to delegate to such departments, boards, or other |
656 | agencies such administrative duties and other powers as the |
657 | board of supervisors may deem necessary or desirable. The board |
658 | of supervisors may appoint a person to act as general manager of |
659 | the district, having such official title, functions, duties, and |
660 | power as the board may prescribe. |
661 | (g) Examine, and authorize any officer or agent of the |
662 | district to examine, the county tax rolls with respect to the |
663 | assessed valuation of the real and personal property within the |
664 | district. |
665 | (2) The board of supervisors shall comply with the public |
666 | records and public meeting requirements of chapters 119 and 286, |
667 | Florida Statutes, and for the purposes of those requirements |
668 | shall be considered a state agency. |
669 | Section 8. Powers of the district.--The district shall |
670 | have the following powers: |
671 | (1) LEGAL PROCEEDINGS.--To sue and be sued by its name in |
672 | any court of law or in equity. |
673 | (2) CORPORATE SEAL.--To adopt and use a corporate seal and |
674 | to alter the same at pleasure. |
675 | (3) OWNERSHIP AND DISPOSITION OF PROPERTY.--To acquire |
676 | property, real, personal, or mixed, within or without its |
677 | territorial limits, in fee simple or any lesser interest or |
678 | estate, by purchase, gift, devise, or lease, on such terms and |
679 | conditions as the board of supervisors may deem necessary or |
680 | desirable, and by condemnation (subject to the limitations of |
681 | subsection (5)), all provided that the board of supervisors |
682 | determines that the use or ownership of such property is |
683 | necessary in the furtherance of a designated lawful purpose |
684 | authorized under the provisions of this act, and amendments |
685 | thereto; to acquire mineral rights and leases; to acquire title |
686 | to easements or rights-of-way with or without restrictions |
687 | within or without the limits of the district; to accept the |
688 | dedication of streets and other rights-of-way on such terms and |
689 | conditions as the board of supervisors may approve; to make |
690 | purchase money mortgages and deed trusts and other forms of |
691 | encumbrance on any property acquired by the district and to |
692 | purchase property subject to purchase money mortgages, or other |
693 | encumbrances; and to mortgage, hold, manage, control, convey, |
694 | lease, sell, grant, or otherwise dispose of the same, and of any |
695 | of the assets and properties of the district, with or without |
696 | consideration. |
697 | (4) LEASE OF FACILITIES.--Whenever deemed necessary or |
698 | desirable by the board of supervisors, to lease as lessor or |
699 | lessee to or from any person, firm, corporation, association or |
700 | body, public or private, any projects of the type that the |
701 | district is authorized to undertake and facilities or property |
702 | of any nature for the use of the district and to carry out any |
703 | of the purposes of the district, subject to the limitations of |
704 | section 18 of this act. |
705 | (5) EMINENT DOMAIN.--To exercise within or without the |
706 | territorial limits of the district the right and power of |
707 | eminent domain to carry out the purposes of this act and |
708 | amendments thereto. In addition to and not in limitation of the |
709 | foregoing, the district may also exercise the right and power of |
710 | eminent domain within the territorial limits of the district for |
711 | the purpose of condemning any real, personal, or mixed property, |
712 | public or private, including, without limitation, property owned |
713 | by any other political body or municipal corporation, which the |
714 | board of supervisors shall deem necessary for the use, |
715 | construction, or operation of any of the projects of the |
716 | district or otherwise to carry out any of the purposes of the |
717 | district. The power of condemnation shall be exercised in the |
718 | same manner as is now provided by the general laws of the state. |
719 | In any proceeding under this act for the taking of property by |
720 | eminent domain or condemnation, the board of supervisors is |
721 | authorized to file a declaration of taking allowing immediate |
722 | possession of the property before the final trial by making |
723 | deposit as to value as provided by the general statutes, and |
724 | shall have all the benefits provided by chapters 73 and 74, |
725 | Florida Statutes, or any other statutes of the state which give |
726 | the right to immediate taking and possession. No public or |
727 | private body, and no agency or authority of the state or any |
728 | political subdivision thereof shall exercise the power of |
729 | eminent domain or condemnation with respect to any of the |
730 | properties, easements, or rights owned by the district and lying |
731 | within the district except with the concurrence of the board of |
732 | supervisors of the district, which shall not be unreasonably |
733 | withheld. |
734 | (6) WATER MANAGEMENT; IRRIGATION.--To adopt a water |
735 | management plan and to own, acquire, construct, reconstruct, |
736 | equip, operate, maintain, extend, and improve canals, ditches, |
737 | drains, dikes, levees, pumps, plants, pumping systems, |
738 | collection and distribution systems, and other works for water |
739 | management and irrigation purposes. |
740 | (7) WATER MANAGEMENT; EROSION CONTROL; ELIGIBILITY FOR |
741 | STATE AND FEDERAL ASSISTANCE.--To own, acquire, construct, |
742 | reconstruct, equip, maintain, operate, extend, and improve water |
743 | management facilities; to regulate the supply and level of water |
744 | within the district; to divert waters from one area, lake, pond, |
745 | river, stream, basin, or drainage or water flood control |
746 | facility to any other area, lake, pond, river, stream, basin, or |
747 | drainage and water flood control facility; to regulate, control, |
748 | and restrict the development and use of natural or artificial |
749 | streams or bodies of water, lakes, or ponds; and to take all |
750 | measures determined by the board of supervisors to be necessary |
751 | or desirable to prevent or alleviate land erosion. The powers |
752 | granted to the district by this subsection shall be exclusive |
753 | within the area of the district of the exercise of the same or |
754 | like powers by any other public body, agency, authority, or |
755 | subdivision, and no other public body, agency, authority, or |
756 | subdivision shall within the area of the district exercise the |
757 | same or like powers as are granted to the district under this |
758 | subsection except upon the concurrence of the board of |
759 | supervisors. The Legislature hereby finds and declares the |
760 | district eligible to receive moneys, disbursements, and |
761 | assistance from the state and federal governments to facilitate |
762 | the exercise of the powers under this subsection. |
763 | (8) WATER AND SEWER SYSTEMS.--To own, acquire, construct, |
764 | reconstruct, equip, operate, maintain, extend, and improve water |
765 | systems and sewer systems or combined water and sewer systems; |
766 | to regulate the use of sewers and the supply of water within the |
767 | district and to prohibit or regulate the use and maintenance of |
768 | outhouses, privies, septic tanks, or other sanitary structures |
769 | or appliances within the district; to prescribe methods of |
770 | pretreatment of wastes not amenable to treatment with domestic |
771 | sewage before accepting such wastes for treatment and to refuse |
772 | to accept such wastes when not sufficiently pretreated as may be |
773 | prescribed, and to prescribe penalties for the refusal of any |
774 | person or corporation to so pretreat such wastes; to sell or |
775 | otherwise dispose of the effluent, sludge, or other byproducts |
776 | as a result of sewage treatment; and to construct and operate |
777 | connecting, intercepting, or outlet sewers and sewer mains and |
778 | pipes and water mains, conduits, or pipelines in, along, or |
779 | under any street, alleys, highways, or other public places or |
780 | ways within or without the district, when deemed necessary or |
781 | desirable by the board of supervisors in accomplishing the |
782 | purposes of this act. |
783 | (9) WASTE COLLECTION AND DISPOSAL.--To own, acquire, |
784 | construct, reconstruct, equip, operate, maintain, extend, and |
785 | improve a waste collection and disposal system, and to sell or |
786 | otherwise dispose of any effluent, residue or other byproducts |
787 | of such system. |
788 | (10) MOSQUITO AND PEST CONTROLS; ELIGIBILITY FOR STATE AND |
789 | FEDERAL AID.--To establish a program for the control, abatement, |
790 | and elimination of mosquitoes and other noxious insects, |
791 | rodents, reptiles, and other pests throughout the district and |
792 | to undertake such works and construct such facilities within or |
793 | without the district as may be determined by the board of |
794 | supervisors to be needed to effectuate such program; to abate |
795 | and suppress mosquitoes and other arthropods, whether disease- |
796 | bearing or pestiferous, within or without the district when in |
797 | the judgment of the board of supervisors necessary or desirable |
798 | for the health and welfare of the inhabitants of or visitors to |
799 | the district; and to take any and all temporary or permanent |
800 | eliminative measures that the board of supervisors may deem |
801 | advisable. The Legislature hereby finds and declares the |
802 | district eligible to receive state and federal funds to |
803 | facilitate the exercise of the powers under this subsection. |
804 | (11) RECREATION FACILITIES.--To own, acquire, construct, |
805 | reconstruct, equip, operate, maintain, extend, and improve: |
806 | parks; playgrounds; picnic grounds; camping facilities; bicycle, |
807 | walking, and hiking trails; golf courses; athletic fields; |
808 | marinas; piers; wharves; docks; harbors; boating and fishing |
809 | facilities; swimming pools; bathing beaches and other water |
810 | recreation facilities; stadiums; auditoriums; civic centers; |
811 | aquariums; libraries; museums; recreational centers; convention |
812 | halls and facilities; radio, cellular, and television sending, |
813 | transmission, and receiving stations; community antenna and |
814 | cable television systems; and cultural, recreational, and |
815 | educational buildings, facilities, and projects of all kinds and |
816 | descriptions. |
817 | (12) PARKING FACILITIES.--To own, acquire, construct, |
818 | reconstruct, equip, operate, maintain, extend, and improve |
819 | parking facilities; to install or cause to be installed parking |
820 | meters at or near the curbs of streets, roads, and other public |
821 | ways within the district; and to adopt such regulations and |
822 | impose such charges in connection with any parking facilities |
823 | and parking meters as the board of supervisors may deem |
824 | necessary or desirable. |
825 | (13) FIRE PROTECTION.--To own, acquire, construct, |
826 | reconstruct, equip, maintain, operate, extend, and improve fire |
827 | control facilities for the district, including fire stations, |
828 | water mains and plugs, fire trucks, and other vehicles and |
829 | equipment, and to undertake such works and construct such |
830 | facilities as may be determined necessary by the board of |
831 | supervisors to carry out a program of fire prevention and fire |
832 | control within the district. |
833 | (14) ADVERTISING.--To undertake a program of advertising |
834 | to the public promoting the businesses, facilities, and |
835 | communities within the district and the projects of the |
836 | district, and to expend moneys and undertake such activities to |
837 | carry out such advertising and promotional program as the board |
838 | of supervisors from time to time may determine. |
839 | (15) TRANSPORTATION.--To own, acquire, construct, |
840 | reconstruct, equip, operate, maintain, extend, and improve |
841 | common, private, or contract carriers, buses, vehicles, |
842 | railroads, monorails, airplanes, helicopters, boats, and other |
843 | transportation facilities, whether now or hereafter invented or |
844 | developed, including, without limitation, novel and experimental |
845 | facilities such as moving platforms and sidewalks, as may be |
846 | determined from time to time by the board of supervisors to be |
847 | useful or appropriate to meet the transportation requirements of |
848 | the district and activities conducted within the district; and |
849 | to extend such transportation facilities to areas outside the |
850 | district in order to provide transportation to and from the |
851 | district. |
852 | (16) CONSERVATION AREAS AND SANCTUARIES.--To designate, |
853 | set aside, maintain, create, and enhance wetlands and uplands |
854 | within the district as conservation areas for fish and wildlife; |
855 | and to promulgate and enforce rules and regulations with respect |
856 | thereto. |
857 | (17) ISSUANCE OF BONDS.--To issue general obligation |
858 | bonds, revenue bonds, assessment bonds, or any other bonds or |
859 | obligations authorized by the provisions of this act or any |
860 | other law, or any combination of the foregoing, to pay all or |
861 | part of the cost of the acquisition, construction, |
862 | reconstruction, extension, repair, improvement, maintenance, or |
863 | operation of any project or combination of projects; to provide |
864 | for any facility, service, or other activity of the district; |
865 | and to provide for the retirement or refunding of any bonds or |
866 | obligations of the district, or for any combination of the |
867 | foregoing purposes. |
868 | (18) OTHER POWERS; RESEARCH AND DEVELOPMENT.--In addition |
869 | to the powers specifically provided in this act, the district |
870 | shall have the power to own, acquire, construct, reconstruct, |
871 | equip, operate, maintain, extend, and improve such other |
872 | projects as the board of supervisors may in its discretion find |
873 | necessary or desirable to accomplish the purposes of this act, |
874 | and to exercise through its board of supervisors all powers |
875 | necessary, convenient, or proper to carry out the purposes of |
876 | this act. In connection with any of the projects that the |
877 | district is authorized to undertake pursuant to the powers and |
878 | authority vested in it by this act and, in order to promote the |
879 | development and utilization of new concepts, designs, and ideas |
880 | in the fields of biotechnology, recreation, and sustainable |
881 | communities, the district shall have the power and authority to |
882 | examine into, develop, and utilize new concepts, designs, and |
883 | ideas, and to own, acquire, construct, reconstruct, equip, |
884 | operate, maintain, extend, and improve such experimental public |
885 | facilities and services, and otherwise to undertake, sponsor, |
886 | finance, and maintain such research activities, experimentation, |
887 | and development as the board may from time to time determine. |
888 | Section 9. Authority of the district with respect to |
889 | roads, bridges, street lighting.-- |
890 | (1) The district shall have the powers, and shall be |
891 | entitled to the benefits and privileges under law, of special |
892 | road and bridge districts. The district shall have the right and |
893 | power to own, acquire, open, extend, close, vacate, abandon, |
894 | construct, reconstruct, pave, operate, improve, and maintain |
895 | highways, streets, toll roads and bridges, alleys, sidewalks, |
896 | bike paths, hiking trails, promenades, boardwalks, bridges, |
897 | tunnels, interchanges, underpasses, overpasses, causeways, |
898 | associated stormwater collection, conveyance, and treatment |
899 | systems, and public thoroughfares of all kinds and descriptions |
900 | (hereinafter collectively and severally referred to as "public |
901 | roads") and connections to and extensions of any and all |
902 | existing public roads within the district, deemed necessary or |
903 | convenient by the board of supervisors to provide access to and |
904 | efficient development of the territory within the district; to |
905 | regulate and control the use, encroachments in, upon, over, and |
906 | under, and the obstruction thereof; to erect, maintain, and from |
907 | time to time change the location of and operate toll plazas, |
908 | traffic control devices and signs, and street signs; and to |
909 | construct and maintain sidewalks and street lights along public |
910 | roads in the district and elsewhere as may from time to time be |
911 | deemed appropriate by the board of supervisors adequately to |
912 | service the lands in the district. |
913 | (2) The right and authority of the district to construct, |
914 | control, and maintain public roads and connections to and |
915 | extensions thereof now or hereafter acquired, constructed, or |
916 | maintained with public funds. No public road within the district |
917 | or any connection to or extensions thereof shall constitute a |
918 | part of the state highway system or the county road system |
919 | unless so designated by the board of supervisors of the |
920 | district, and no agency or authority of the state or any |
921 | political subdivision thereof shall have the power or authority, |
922 | except with the concurrence of the board of supervisors, to |
923 | acquire, construct, or maintain public roads within the |
924 | territorial limits of the district. |
925 | Section 10. Unit development; powers of board of |
926 | supervisors to designate units of district and adopt plans for |
927 | district facilities, projects and systems by unit; plans of work |
928 | and financing assessments for each unit; amendment of unit |
929 | plan.-- |
930 | (1) The board of supervisors of the district shall have |
931 | the power and is hereby authorized in its discretion to |
932 | construct, maintain, and operate district facilities, projects, |
933 | and systems by designated areas or parts of the district to be |
934 | called "units." The units into which the district may be so |
935 | divided shall be given appropriate numbers or names by the board |
936 | of supervisors, so that the units may be readily identified and |
937 | distinguished. The board of supervisors shall have the power to |
938 | fix and determine the location, area, and boundaries of lands to |
939 | be included in each and all such units, the order of development |
940 | thereof, and the method of carrying on the work in each unit. |
941 | (2) If the board of supervisors determines that it is |
942 | advisable to construct, maintain, or operate district |
943 | facilities, projects, and systems by units, as authorized by |
944 | this section, the board shall, by resolution, declare its |
945 | purpose to conduct such work accordingly, and shall fix the |
946 | number, location, and boundaries of and description of lands |
947 | within such unit or units and give them appropriate numbers or |
948 | names. The entire district may also be designated as a unit for |
949 | the proper allocation of such part of its work plan as benefits |
950 | the entire district. |
951 | (3) As soon as practicable after the adoption of such |
952 | resolution, the board of supervisors shall publish notice once a |
953 | week for 2 consecutive weeks in a newspaper or newspapers |
954 | published or of general circulation in Palm Beach County, |
955 | briefly describing the units into which the district has been |
956 | divided and the lands embraced in each unit, giving the name, |
957 | number, or other designation of such units, requiring all owners |
958 | of lands in the district to show cause in writing before the |
959 | board of supervisors at a time and place to be stated in such |
960 | notice why such division of the district into such units should |
961 | not be approved, and said system of development by units should |
962 | not be adopted and given effect by the board, and why the |
963 | proceedings and powers authorized by this section should not be |
964 | had, taken, and exercised. At the time and place stated in said |
965 | notice, the board of supervisors shall hear all objections or |
966 | causes of objection (all of which shall be in writing) of any |
967 | landowner in the district who may appear in person or by |
968 | attorney, to the matters mentioned and referred to in such |
969 | notice, and if no objections are made, or if objections are made |
970 | and overruled by the board, then the board shall enter in its |
971 | minutes its finding and order confirming the resolution, and may |
972 | thereafter proceed with the work by units pursuant to such |
973 | resolution and to the provisions of this act. The failure to |
974 | make objection as provided hereinabove shall constitute a waiver |
975 | of such objection, and if any objection shall be made and |
976 | overruled or otherwise not sustained, confirmation of the |
977 | resolution shall be the final adjudication of the issues |
978 | presented unless a judicial proceeding is initiated within 10 |
979 | days after such ruling as provided hereinafter. |
980 | (4) The board of supervisors may, as a result of any |
981 | objections or of other matters brought forth at such hearing, |
982 | modify or amend said resolution in whole or in part, confirm |
983 | said resolution after overruling all objections, or reject said |
984 | resolution, and if such resolution is confirmed, modified, or |
985 | amended, may proceed thereafter in accordance with said |
986 | resolution as confirmed, modified or amended. The sustaining of |
987 | such objections and the rescinding of such resolutions shall not |
988 | exhaust the power of the board under this section, but the board |
989 | of supervisors may at any time adopt other resolutions under |
990 | this section and thereupon proceed on due notice in like manner |
991 | as above provided. If the board of supervisors shall overrule or |
992 | refuse to sustain any such objections in whole or in part made |
993 | by any landowner in the district, or if any such landowner shall |
994 | deem himself or herself aggrieved by any action of the board of |
995 | supervisors in respect to any objections so filed, such |
996 | landowner may, within 10 days after the ruling of the board, |
997 | invoke the jurisdiction of the Circuit Court for the Eleventh |
998 | Circuit, and such suits shall be conducted like others seeking |
999 | equitable relief suits, except that said suits shall have |
1000 | preference over all other pending actions except criminal |
1001 | actions and writs of habeas corpus. |
1002 | (5) When said resolutions creating said unit system shall |
1003 | be confirmed by the board of supervisors (or by the Circuit |
1004 | Court for the Eleventh Circuit, if such proposed action shall be |
1005 | challenged by a landowner by the judicial proceedings authorized |
1006 | in subsection (4)), the board of supervisors may adopt a plan or |
1007 | plans for work for and in respect to any or all such units, and |
1008 | have the benefits and costs resulting therefrom assessed and |
1009 | apportioned in like manner as is provided for in section 32 for |
1010 | the assessments of benefits. The board of supervisors shall have |
1011 | the same powers in respect to each and all of such units as is |
1012 | vested in them with respect to the entire district. Unless the |
1013 | board of supervisors by resolution otherwise provides, all |
1014 | assessments, levies, taxes, bonds, and other obligations made, |
1015 | levied, assessed, or issued for or in respect to any such unit |
1016 | or units shall be a lien and charge solely and only upon the |
1017 | lands in such unit or units, respectively, for the benefit of |
1018 | which the same shall be levied, made, or issued, and not upon |
1019 | the remaining units or lands in the district. |
1020 | (6) The board of supervisors may at any time amend its |
1021 | said resolutions by changing the location and description of |
1022 | lands in any such unit or units, provided that if the location |
1023 | of or description of lands located in any such unit or units is |
1024 | so changed, notice of such change shall be published as required |
1025 | in subsection (3) for notice of the formation or organization of |
1026 | such unit or units, and all proceedings shall be had and done in |
1027 | that regard as are provided in this section for the original |
1028 | creation of such unit or units. |
1029 | (7) If, after the determination of benefits with respect |
1030 | to any unit or units or the issuance of bonds or other |
1031 | obligations which are payable from taxes or assessments for |
1032 | benefits levied upon lands within such unit or units, the board |
1033 | of supervisors finds the plan of work of any such unit or units |
1034 | insufficient or inadequate for efficient development, the plan |
1035 | of work may be amended or changed as provided in this act, and |
1036 | the unit or units may be amended or changed as provided in this |
1037 | section by changing the location and description of lands in any |
1038 | such unit or units or by detaching lands therefrom or by adding |
1039 | lands thereto, but only upon the approval or consent of not less |
1040 | than the holders of a majority in principal amount of such bonds |
1041 | or other obligations, or such other percentage as may be |
1042 | required by the terms of such bonds or other obligations (or |
1043 | without such consent or approval, if the proceedings authorizing |
1044 | such bonds provide that such action may be taken without the |
1045 | consent or approval of the holders thereof). In the event of |
1046 | such amendment or change, all assessments, levies, taxes, bonds, |
1047 | or other obligations made, levied, assessed, incurred, or issued |
1048 | for or in respect to any such unit or units shall be allocated |
1049 | and apportioned to the amended unit or units in proportion to |
1050 | the benefits assessed with respect to the amended plan of work. |
1051 | In the event of the change of the boundaries of any unit as |
1052 | provided herein and the allocation and apportionment to the |
1053 | amended unit or units of assessments, levies, taxes, bonds, and |
1054 | other obligations in proportion to the benefits assessed for the |
1055 | amended plan of work, the holders of bonds or other obligations |
1056 | heretofore issued for the original unit shall be entitled to all |
1057 | rights and remedies against any lands added to the amended unit |
1058 | or units as fully and to the same extent as if such added lands |
1059 | had formed and constituted a part of the original unit or units |
1060 | at the time of the original issuance of such bonds or other |
1061 | obligations, and regardless of whether the holders of such bonds |
1062 | or other obligations are the original holders thereof or the |
1063 | holders from time to time hereafter, and the rights and remedies |
1064 | of such holders against the lands in the amended unit or units, |
1065 | including any lands added thereto, under such allocation and |
1066 | apportionment, shall constitute vested and irrevocable rights |
1067 | and remedies to the holders from time to time of such bonds or |
1068 | other obligations as fully and to the same extent as if such |
1069 | bonds or other obligations had been originally issued to finance |
1070 | the work in such amended unit or units under such amended plan |
1071 | of work. Conversely, in the event of the change of the |
1072 | boundaries of any unit whereby lands are detached therefrom, as |
1073 | provided for herein, said lands so detached shall be relieved |
1074 | and released from any further liability for the assessment, |
1075 | levy, or payment of any taxes for the purpose of paying the |
1076 | principal or interest on any bonds originally issued for the |
1077 | original unit from which said lands were detached. |
1078 | Section 11. Exercise by district of its powers within |
1079 | municipalities.--The district shall have the power to exercise |
1080 | any of its rights, powers, privileges, and authorities in any |
1081 | and all portions of the district lying within the boundaries of |
1082 | the City of Palm Beach Gardens and any other municipal |
1083 | corporation or other political subdivision heretofore or |
1084 | hereafter created or organized, whose boundaries lie wholly or |
1085 | partly within the geographic limits of the district, to the same |
1086 | extent and in the same manner as in areas of the district not |
1087 | incorporated as part of a municipality or other political |
1088 | subdivision. With respect to any municipal corporation or other |
1089 | political subdivision whose boundaries lie partly within and |
1090 | partly without the geographic limits of the district, the |
1091 | district shall have the power to exercise its rights, powers, |
1092 | privileges, and authorities only within the portion of such |
1093 | municipal corporation or other political subdivision lying |
1094 | within the boundaries of the district, except as otherwise |
1095 | provided in section 12. In the event of a conflict between the |
1096 | provisions of this act and the powers of the district herein |
1097 | provided for and the provisions of any charter or law now or |
1098 | hereafter enacted or adopted establishing or pertaining to any |
1099 | municipal corporation or other political subdivision whose |
1100 | boundaries lie wholly or partly within the district, the |
1101 | provisions of this act shall control in the portion of such |
1102 | municipal corporation or other political subdivision which lies |
1103 | within the geographic limits of the district, unless such other |
1104 | enactment specifically repeals or amends this act. |
1105 | Section 12. Furnishing facilities and services within |
1106 | district territory; limitation on the exercise of powers outside |
1107 | the district.-- |
1108 | (1) The district shall have the power to construct, |
1109 | maintain, and operate its projects within the geographic limits |
1110 | of the district, including any portions of the district located |
1111 | inside the boundaries of any incorporated municipality or other |
1112 | political subdivision, and to offer, supply, and furnish the |
1113 | facilities and services provided for in this act to, and to |
1114 | collect fees, rentals and other charges from persons, firms, |
1115 | corporations, municipalities, counties, political subdivisions, |
1116 | and other public or private agencies or bodies within the |
1117 | geographic limits of the district, and for the use of the |
1118 | district itself. |
1119 | (2) The district shall have the power to construct, |
1120 | maintain, and operate its projects outside of the geographic |
1121 | limits of the district, and to offer, supply, and furnish the |
1122 | facilities and services provided for in this act to, and to |
1123 | collect fees, rentals, and other charges from, persons, firms, |
1124 | corporations, municipalities, counties, political subdivisions, |
1125 | and other public or private agencies or bodies outside of the |
1126 | geographic limits of the district. Provided, however, that the |
1127 | district shall not construct any project or offer, furnish, or |
1128 | supply facilities and services outside of the territorial limits |
1129 | of the district except upon the consent, approval, and |
1130 | certification of any regulatory agency or governing body of the |
1131 | state or of any municipality or other political subdivision |
1132 | thereof whose consent, approval or certification may be required |
1133 | by law. |
1134 | Section 13. Mandatory use of certain district facilities |
1135 | and services.--The district may require all lands, buildings, |
1136 | and premises, and all persons, firms, and corporations within |
1137 | the district or within any zone or area within such district |
1138 | created for such purpose, to use the district's facilities and |
1139 | services. |
1140 | Section 14. Maintenance of projects across rights-of- |
1141 | way.--The district shall have the power to construct and operate |
1142 | its projects in, along, or under any streets, alleys, highways, |
1143 | or other public places or ways, and across any drain, ditch, |
1144 | canal, floodway, holding basin, excavation, railroad right-of- |
1145 | way, track, grade, fill, or cut, provided, however, that just |
1146 | compensation shall be paid by the district for any private |
1147 | property taken or damaged by the exercise of such power. |
1148 | Section 15. Fees, rentals, tolls, fares, and charges; |
1149 | procedure for adoption and modification; minimum revenue |
1150 | requirements.-- |
1151 | (1) The district shall have the power to prescribe, fix, |
1152 | establish, and collect rates, fees, rentals, tolls, fares, or |
1153 | other charges (hereinafter sometimes referred to as "revenues"), |
1154 | and to revise the same from time to time, for the facilities and |
1155 | services furnished or to be furnished by the district, |
1156 | including, but not limited to, drainage facilities, water and |
1157 | sewer systems, waste collection and disposal systems, toll roads |
1158 | and bridges, transportation facilities, and other public |
1159 | utilities; to recover the costs of making connection with any |
1160 | district facility or system; and to provide for reasonable |
1161 | penalties against any user or property for any such rates, fees, |
1162 | rentals, tolls, fares, or other charges that are delinquent. |
1163 | (2) No such rates, fees, rentals, tolls, fares, or other |
1164 | charges for any of the facilities or services of the district, |
1165 | other than parking facilities and parking meters, shall be fixed |
1166 | until after a public hearing at which all the users of the |
1167 | proposed facility or services or owners, tenants, or occupants |
1168 | served or to be served thereby and all other interested persons |
1169 | shall have an opportunity to be heard concerning the proposed |
1170 | rates, fees, rentals, tolls, fares, or other charges. Notice of |
1171 | such public hearing setting forth the proposed schedule or |
1172 | schedules of rates, fees, rentals, tolls, fares, and other |
1173 | charges shall have been published in a newspaper or newspapers |
1174 | published or of general circulation in Palm Beach County at |
1175 | least once not less than 10 days prior to such public hearing, |
1176 | which may be adjourned from time to time. After such hearing |
1177 | such schedule or schedules, either as initially proposed or as |
1178 | modified or amended, may be finally adopted. A copy of the |
1179 | schedule or schedules of such rates, fees, rentals, tolls, |
1180 | fares, or charges as finally adopted shall be kept on file in an |
1181 | office designated by the board of supervisors and shall be open |
1182 | at all reasonable times to public inspection. The rates, fees, |
1183 | rentals, tolls, fares, or charges so fixed for any class of |
1184 | users or property served shall be extended to cover any |
1185 | additional users or properties thereafter served which shall |
1186 | fall in the same class, without the necessity of any notice or |
1187 | hearing. Any change or revision of rates, fees, rentals, tolls, |
1188 | fares, or charges may be made in the same manner as the same |
1189 | were originally established, as hereinabove provided, except |
1190 | that if such changes or revisions are made substantially pro |
1191 | rata as to all classes of the type of service involved no notice |
1192 | or hearing shall be required. |
1193 | (3) Such rates, fees, rentals, tolls, fares, and charges |
1194 | shall be just and equitable and uniform for users of the same |
1195 | class and, where appropriate, may be based or computed either |
1196 | upon the amount of service furnished or upon the number or |
1197 | average number of persons residing or working or otherwise |
1198 | occupying the premises served, upon any other factor affecting |
1199 | the use of the facilities furnished, or upon any combination of |
1200 | the foregoing factors, as may be determined by the board of |
1201 | supervisors on an equitable basis. |
1202 | (4) The rates, fees, rentals, tolls, fares, or other |
1203 | charges prescribed shall be such as will produce revenues, |
1204 | together with any other assessments, taxes, revenues, or funds |
1205 | available or pledged for such purpose, at least sufficient to |
1206 | provide for the items hereinafter listed, but not necessarily in |
1207 | the order stated: |
1208 | (a) To provide for all expenses of operation and |
1209 | maintenance of such facility or service, including reserves for |
1210 | such purpose, unless the board of supervisors shall determine |
1211 | that in order to carry out the purposes of this act to provide |
1212 | novel and experimental facilities and services the requirements |
1213 | of this paragraph are inappropriate with respect to any such |
1214 | facility or service. |
1215 | (b) To pay when due all bonds and interest thereon for the |
1216 | payment of which such revenues are, or shall have been, pledged |
1217 | or encumbered, including reserves for such purpose. |
1218 | (c) To provide for any other funds which may be required |
1219 | under the resolution or resolutions authorizing the issuance of |
1220 | bonds pursuant to this act. |
1221 | (5) The board of supervisors shall have the power to enter |
1222 | into contracts for the use of the projects of the district and |
1223 | with respect to the services and facilities furnished or to be |
1224 | furnished by the district, including, but not limited to, |
1225 | service agreements with landowners and others within or without |
1226 | the district, for such consideration and on such other terms and |
1227 | conditions as the board of supervisors may approve. No hearing |
1228 | or notice thereof shall be required prior to the authorization |
1229 | or execution by the board of supervisors of any such contract or |
1230 | agreement, and the same shall not be subject to revision except |
1231 | in accordance with their terms. Such contracts or agreements, |
1232 | and revenues or service charges received or to be received by |
1233 | the district thereunder, may be pledged as security for any of |
1234 | the bonds of the district. |
1235 | Section 16. Recovery of delinquent charges.--In the event |
1236 | that any of the rates, fees, rentals, charges, or delinquent |
1237 | penalties shall not be paid as and when due and shall be in |
1238 | default for 30 days or more, the unpaid balance thereof and all |
1239 | interest accrued thereon, together with attorney's fees and |
1240 | costs, may be recovered by the district in a civil action. |
1241 | Section 17. Discontinuance of service.--In the event that |
1242 | the fees, rentals, or other charges for the services and |
1243 | facilities of any project are not paid when due, the board of |
1244 | supervisors shall have the power to discontinue and shut off the |
1245 | same until such fees, rentals, or other charges, including |
1246 | interest, penalties, and charges for the shutting off and |
1247 | discontinuance and the restoration of such services and |
1248 | facilities, are fully paid, and for such purposes may enter on |
1249 | any lands, waters, and premises of any person, firm, |
1250 | corporation, or other body, public or private, within or without |
1251 | the district limits. Such delinquent fees, rentals, or other |
1252 | charges, together with interest, penalties, and charges for the |
1253 | shutting off and discontinuance and the restoration of such |
1254 | services and facilities, and reasonable attorney's fees and |
1255 | other expenses, may be recovered by the district by suit in any |
1256 | court of competent jurisdiction. The district may also enforce |
1257 | payment of such delinquent fees, rentals, or other charges by |
1258 | any other lawful method of enforcement. |
1259 | Section 18. Agreements with private parties concerning the |
1260 | furnishing of facilities and services.--The district shall have |
1261 | the power to enter into agreements with any person, firm, or |
1262 | corporation for the furnishing by such person, firm, or |
1263 | corporation of any facilities and services of the type provided |
1264 | for in this act to the district, and for or on behalf of the |
1265 | district to persons, firms, corporations, and other public or |
1266 | private bodies and agencies to whom the district is empowered |
1267 | under this act to furnish facilities and services, and the |
1268 | district may by agreement join with any public or privately |
1269 | owned utility plant or system in furnishing any of the |
1270 | facilities or services of the district. |
1271 | Section 19. Planning, zoning, and building.--The district |
1272 | shall have the exclusive authority to exercise within the |
1273 | boundaries of the district the powers and duties which otherwise |
1274 | would be exercised by Palm Beach County or a municipal |
1275 | corporation regarding comprehensive planning, zoning, land |
1276 | development regulations, building regulations, environmental |
1277 | regulations, plats, subdivisions, and fire and life safety |
1278 | regulations under the laws of the state, including, but not |
1279 | limited to, chapters 163, 177, 191, 380, and 458, Florida |
1280 | Statutes. The supervisors shall serve as the local planning |
1281 | agency. |
1282 | Section 20. Annexation.--The district shall not have the |
1283 | authority to annex into the district any unincorporated lands |
1284 | located outside of the district boundaries. No municipality |
1285 | shall annex involuntarily any lands within the district which |
1286 | are not located within that municipality upon the effective date |
1287 | of this act; provided, however, that any voluntary annexation of |
1288 | district lands shall only be into the City of Palm Beach |
1289 | Gardens. |
1290 | Section 21. Ad valorem taxes.--The board of supervisors |
1291 | shall have the power to levy and assess an ad valorem tax on all |
1292 | the taxable real and tangible personal property in the district |
1293 | to pay the principal of and interest on any general obligation |
1294 | bonds of the district, to provide for any sinking or other funds |
1295 | established in connection with any such bonds, and to finance |
1296 | and defray the cost of any of the projects or activities of the |
1297 | district authorized by the provisions of this act or under law. |
1298 | The total amount of such ad valorem taxes levied in any one year |
1299 | shall not be in excess of 30 mills on the dollar per annum on |
1300 | the assessed value of the taxable property within the district. |
1301 | The ad valorem tax provided for herein shall be in addition to |
1302 | county and municipal ad valorem taxes provided for by law. |
1303 | Section 22. Determining property values for ad valorem tax |
1304 | purposes.--Ad valorem taxes of the district shall be based on |
1305 | the assessed valuation for county taxes of the real and personal |
1306 | property subject to such district ad valorem taxes. |
1307 | Section 23. Tax liens; service charge liens.-- |
1308 | (1) All taxes of the district provided for in this act, |
1309 | together with all penalties for default in payment of the same |
1310 | and all costs in collecting the same, including a reasonable |
1311 | attorney's fee fixed by the court and taxed as costs in the |
1312 | action brought to enforce payment, shall from January 1 for each |
1313 | year the property is liable to assessment and until paid |
1314 | constitute a lien of equal dignity with the liens for state and |
1315 | county taxes and other taxes of equal dignity with state and |
1316 | county taxes upon all the real and personal property against |
1317 | which such taxes shall be levied. A sale of any of the real |
1318 | property within the district for state and county or other taxes |
1319 | shall not operate to relieve or release the property so sold |
1320 | from the lien for subsequent district taxes, or installments of |
1321 | district taxes, which lien may be enforced against such property |
1322 | as though no such sale thereof had been made. |
1323 | (2) Charges and fees due or to become due under any |
1324 | service agreements entered into by the district pursuant to the |
1325 | act shall constitute a lien of equal dignity with district |
1326 | taxes, as provided for in subsection (1), upon all the real and |
1327 | personal property to which such service agreements relate or by |
1328 | which the same are secured, and the provisions of subsection (1) |
1329 | shall be applicable to such charges and fees. |
1330 | Section 24. Foreclosure of liens.-- |
1331 | (1) Any lien in favor of the district arising under this |
1332 | act may be foreclosed by the district by bringing foreclosure |
1333 | proceedings in the name of the district in the Circuit Court for |
1334 | the Eleventh Circuit in like manner as is provided in chapter |
1335 | 173, Florida Statutes, and amendments thereto, and the |
1336 | provisions of said chapter shall be applicable to such |
1337 | proceedings with the same force and effect as if said provisions |
1338 | were expressly set forth in this act. Any act required or |
1339 | authorized to be done by or on behalf of a city or town in |
1340 | foreclosure proceedings under chapter 173, Florida Statutes, may |
1341 | be performed by such officer or agent of the district as the |
1342 | board of supervisors may designate. Such foreclosure proceedings |
1343 | may be brought at any time after the expiration of 1 year from |
1344 | the date any tax, or installment thereof, becomes delinquent. |
1345 | (2) As an alternative to the foregoing, the district may |
1346 | at any time foreclose any lien for delinquent taxes or |
1347 | installments thereof by a chancery action brought in the name of |
1348 | the district in the Circuit Court for the Eleventh Circuit. The |
1349 | pleadings, process, practice, and sales in such proceedings |
1350 | shall be the same as in actions for the foreclosure of mortgages |
1351 | upon real property. One or more parcels of land may be included |
1352 | in the same suit. |
1353 | (3) In any foreclosure action filed by the district |
1354 | pursuant to this section, the district may join as a party |
1355 | defendant Palm Beach County for the purpose of determining the |
1356 | amount of their respective tax liens. When a county is so joined |
1357 | in such a foreclosure action, the judicial sale held in such |
1358 | action shall operate to satisfy all county tax liens to the date |
1359 | of such sale, and the net proceeds of such sale shall be applied |
1360 | first against delinquent state and county taxes and thereafter |
1361 | against delinquent district taxes on the property affected. The |
1362 | decree of the court in any such foreclosure action shall operate |
1363 | to quiet title to the property that is the subject of the |
1364 | action. |
1365 | Section 25. Payment of taxes and redemption of tax liens |
1366 | by the district; sharing in proceeds of tax sale under chapter |
1367 | 197, Florida Statutes.-- |
1368 | (1) The district has the right to: |
1369 | (a) Pay any delinquent state, county, district, municipal, |
1370 | or other tax or assessment upon lands located wholly or |
1371 | partially within the boundaries of the district. |
1372 | (b) Redeem or purchase any tax sales certificate issued or |
1373 | sold on account of any state, county, district, municipal, or |
1374 | other taxes or assessments upon lands located wholly or |
1375 | partially within the boundaries of the district. |
1376 | (2) Delinquent taxes paid, or tax sales certificates |
1377 | redeemed or purchased, by the district, together with all |
1378 | penalties for the default in payment of the same and all costs |
1379 | in collecting the same and a reasonable attorney's fee, shall |
1380 | constitute a lien in favor of the district of equal dignity with |
1381 | the liens of state and county taxes and other taxes of equal |
1382 | dignity with state and county taxes, upon all the real property |
1383 | against which said taxes were levied. The lien of the district |
1384 | may be foreclosed in the manner provided in this act. |
1385 | (3) In any sale of land pursuant to chapter 197, Florida |
1386 | Statutes, and amendments thereto, the district may certify to |
1387 | the clerk of the circuit court of the county holding such sale, |
1388 | the amount of taxes due to the district upon the lands sought to |
1389 | be sold, and the district shall share in the disbursement of the |
1390 | sales proceeds in accordance with the provisions of this act and |
1391 | under law. |
1392 | Section 26. General obligation bonds.-- |
1393 | (1) The district shall have the power from time to time to |
1394 | issue general obligation bonds in an aggregate principal amount |
1395 | of bonds outstanding at any one time not in excess of 50 percent |
1396 | of the assessed value of the taxable property within the |
1397 | district as shown on the pertinent tax records at the time of |
1398 | the authorization of the general obligation bonds for which the |
1399 | full faith and credit of the district is pledged. Except for |
1400 | refunding bonds, no general obligation bonds shall be issued |
1401 | unless the issuance thereof shall have been approved at an |
1402 | election of freeholders held in accordance with the requirements |
1403 | for such election as prescribed by the State Constitution, such |
1404 | election to be called and held in the manner provided in the |
1405 | State Constitution and Florida Statutes for freeholder |
1406 | elections. Such elections shall be called to be held in the |
1407 | district by the Board of County Commissioners of Palm Beach |
1408 | County upon the request of the board of supervisors of the |
1409 | district. The expenses of calling and holding such referendum |
1410 | elections shall be borne by the district, and the district shall |
1411 | reimburse the Board of County Commissioners of Palm Beach County |
1412 | for any expenses incurred by said board in calling or holding |
1413 | such elections. In the alternative, at the option of the board |
1414 | of supervisors, the board of supervisors may make such other |
1415 | provision for the registration of such qualified electors who |
1416 | are freeholders and the calling and holding of such elections as |
1417 | the board may from time to time deem appropriate. |
1418 | (2) The district may pledge its full faith and credit for |
1419 | the payment of the principal and interest on such general |
1420 | obligation bonds, and for any reserve or other funds provided |
1421 | therefor, and may unconditionally and irrevocably pledge itself |
1422 | to levy ad valorem taxes on all taxable property in the |
1423 | district, to the extent necessary for the payment thereof |
1424 | subject, however, to the limitations on the total amount of ad |
1425 | valorem taxes that may be levied in any one year as specified in |
1426 | of this act. |
1427 | (3) If the board of supervisors shall determine to issue |
1428 | general obligation bonds for more than one different purpose, |
1429 | the approval of the issuance of the bonds for each and all such |
1430 | purposes may be submitted to the freeholders on one and the same |
1431 | ballot. The failure of the freeholders to approve the issuance |
1432 | of bonds for any one or more purposes shall not defeat the |
1433 | approval of bonds for any purpose which shall be approved by the |
1434 | freeholders. |
1435 | Section 27. Revenue bonds.-- |
1436 | (1) The district shall have the power to issue revenue |
1437 | bonds from time to time without limitation as to amount. Such |
1438 | revenue bonds may be secured by or payable from the gross or net |
1439 | pledge of the revenues to be derived from any project or |
1440 | combination of projects, from the rates, fees, tolls, fares, or |
1441 | other charges to be collected from the users of any project or |
1442 | projects, from any revenue-producing undertaking or activity of |
1443 | the district, or from any other source or pledged security. Such |
1444 | bonds shall not constitute an indebtedness of the district, and |
1445 | the approval neither of the qualified electors nor of the |
1446 | qualified electors who are freeholders shall be required unless |
1447 | such bonds are additionally secured by the full faith and credit |
1448 | and taxing power of the district. |
1449 | (2) Any two or more projects may be combined and |
1450 | consolidated into a single project, and may thereafter be |
1451 | operated and maintained as a single project. The revenue bonds |
1452 | authorized herein may be issued to finance any one or more such |
1453 | projects separately, or to finance two or more such projects, |
1454 | regardless whether or not such projects have been combined and |
1455 | consolidated into a single project. If the board of supervisors |
1456 | deems it advisable, the proceedings authorizing such revenue |
1457 | bonds may provide that the district may thereafter combine the |
1458 | projects then being financed or theretofore financed with other |
1459 | projects to be subsequently financed by the district, and that |
1460 | revenue bonds to be thereafter issued by the district shall be |
1461 | on parity with the revenue bonds then being issued, all on such |
1462 | terms, conditions, and limitations as shall be provided, and may |
1463 | further provide that the revenues to be derived from the |
1464 | subsequent projects shall at the time of the issuance of such |
1465 | parity revenue bonds be also pledged to the holders of any |
1466 | revenue bonds theretofore issued to finance the revenue |
1467 | undertakings which are later combined with such subsequent |
1468 | projects. The district may pledge for the security of the |
1469 | revenue bonds a fixed amount, without regard to any fixed |
1470 | proportion of the gross revenues of any project. |
1471 | Section 28. Issuance of additional bonds.--If the proceeds |
1472 | of any bonds shall be less than the cost of completing the |
1473 | project in connection with which such bonds are issued, the |
1474 | board of supervisors may authorize the issuance of additional |
1475 | bonds, upon such terms and conditions as the board of |
1476 | supervisors may provide in the resolution authorizing the |
1477 | issuance thereof, but only in compliance with the resolution or |
1478 | other proceedings authorizing the issuance of the original |
1479 | bonds. |
1480 | Section 29. Refunding bonds.--The district shall have the |
1481 | power to issue bonds to provide for the retirement or refunding |
1482 | of any bonds or obligations of the district that at the time of |
1483 | such issuance are or subsequently thereto become due and |
1484 | payable, or that at the time of issuance have been called or are |
1485 | or will be subject to call for redemption within 10 years |
1486 | thereafter, or the surrender of which can be procured from the |
1487 | holders thereof at prices satisfactory to the board of |
1488 | supervisors. Refunding bonds may be issued at any time when in |
1489 | the judgment of the board of supervisors such issuance will be |
1490 | advantageous to the district. No approval of the qualified |
1491 | electors who are freeholders residing in the district shall be |
1492 | required for the issuance of refunding bonds except in cases |
1493 | where such approval is required by the State Constitution. The |
1494 | board of supervisors may by resolution confer upon the holders |
1495 | of such refunding bonds all rights, powers and remedies to which |
1496 | the holders would be entitled if they continued to be the owners |
1497 | and had possession of the bonds for the refinancing of which |
1498 | said refunding bonds are issued, including, but not limited to, |
1499 | the preservation of the lien of such bonds on the revenues of |
1500 | any project or on pledged -funds, without extinguishment, |
1501 | impairment or diminution thereof. The provisions of this act |
1502 | pertaining to bonds of the district shall, unless the context |
1503 | otherwise requires, govern the issuance of refunding bonds, the |
1504 | form and other details thereof, the rights of the holders |
1505 | thereof, and the duties of the board of supervisors with respect |
1506 | to the same. |
1507 | Section 30. Pledging ad valorem taxes, assessments, and |
1508 | other revenues and properties as additional security on |
1509 | bonds.--The district may pledge as additional security for the |
1510 | payment of any of the bonds of the district its full faith and |
1511 | credit and ad valorem taxing power, and provide that such bonds |
1512 | shall be payable as to both principal and interest, and as to |
1513 | any reserve or other funds provided therefor, from ad valorem |
1514 | taxes levied on the taxable real and tangible personal property |
1515 | in the district, to the full extent that any revenues as defined |
1516 | in this act, taxes, assessments, or other funds, or any |
1517 | combination thereof, pledged therefor are insufficient for the |
1518 | full payment of the same, but subject to the limitations on the |
1519 | total amount of ad valorem taxes that may be levied in any one |
1520 | year specified in this act, and provided further that no bonds |
1521 | shall be issued to the payment of which the full faith and |
1522 | credit and taxing power of the district is pledged unless |
1523 | approved at an election in the manner provided by law. The |
1524 | district by resolution of the board of supervisors may also |
1525 | pledge as additional security for any bonds the revenues from |
1526 | any project of the district, utility service taxes, assessments, |
1527 | and any other sources of revenues or funds, or any combination |
1528 | of the foregoing, and may pledge or mortgage any of the |
1529 | properties, rights, interests, or other assets of the district, |
1530 | and such pledge shall not require the submission to or approval |
1531 | by the qualified electors who are freeholders of the district |
1532 | unless required by the State Constitution. The board of |
1533 | supervisors may also provide with respect to any bonds of the |
1534 | district that such bonds shall be payable, in whole or in part, |
1535 | as to principal amount or interest, or both, out of rates, fees, |
1536 | tolls, fares, service charges, or other charges collected with |
1537 | respect to any of the projects of the district. |
1538 | Section 31. Lien of pledges.--All pledges of revenues, |
1539 | taxes, and assessments made pursuant to the provisions of this |
1540 | act shall be valid and binding from the time when such pledges |
1541 | are made. All such revenues, taxes, and assessments so pledged |
1542 | and thereafter collected shall immediately be subject to the |
1543 | lien of such pledges without any physical delivery thereof or |
1544 | further action, and the lien of such pledges shall be valid and |
1545 | binding as against all parties having claims of any kind in |
1546 | tort, contract, or otherwise against the district, irrespective |
1547 | of whether such parties have notice thereof. |
1548 | Section 32. Assessable improvements; levy and payment of |
1549 | special assessments; assessment bonds and certificates.--The |
1550 | district may provide for the construction or reconstruction of |
1551 | assessable improvements, and for the levying of special |
1552 | assessments upon benefited property for the payment thereof, |
1553 | under the provisions of this section. |
1554 | (1) The initial proceeding under this section shall be the |
1555 | passage by the board of supervisors of a resolution ordering the |
1556 | construction or reconstruction of such assessable improvements, |
1557 | indicating the location by terminal points, routes, or |
1558 | otherwise, and either giving a description of the improvements |
1559 | by their material, nature, character, and size or giving two or |
1560 | more descriptions with the directions that the material, nature, |
1561 | character, and size shall be subsequently determined in |
1562 | conformity with one of such descriptions. Assessable |
1563 | improvements need not be continuous and may be in more than one |
1564 | locality or street. The resolution ordering any such improvement |
1565 | may give any short and convenient designation to each |
1566 | improvement ordered thereby, and the property against which |
1567 | assessments are to be made for the cost of such improvement may |
1568 | be designated as an assessment district, followed by a letter or |
1569 | number or name to distinguish it from other assessment |
1570 | districts, after which it shall be sufficient to refer to such |
1571 | improvement and property by such designation in all proceedings |
1572 | and assessments, except in the notices required by this section. |
1573 | (2) As soon as possible after the passage of such |
1574 | resolution the engineer for the district shall prepare in |
1575 | duplicate plans and specifications for each improvement ordered |
1576 | thereby and an estimate of the cost thereof. Such cost shall |
1577 | include, in addition to the items of cost as defined in this |
1578 | act, the cost of relaying streets, sidewalks, and other public |
1579 | facilities or conveniences necessarily torn up or damaged and |
1580 | the following items of incidental expenses: |
1581 | (a) Printing and publishing notices and proceedings. |
1582 | (b) Costs of abstracts of title. |
1583 | (c) Any other expense necessary or proper in conducting |
1584 | the proceedings and work provided for in this section, including |
1585 | the estimated amount of discount, if any, upon the sale of |
1586 | assessment bonds or any other obligations issued hereunder for |
1587 | which such special assessments are to be pledged. If the |
1588 | resolution shall provide alternative descriptions of material, |
1589 | nature, character, and size, such estimate shall include an |
1590 | estimate of the cost of the improvement of each such |
1591 | description. |
1592 |
|
1593 | The engineer shall also prepare in duplicate a tentative |
1594 | apportionment of the estimated total cost of the improvement as |
1595 | between the district and each lot or parcel of land subject to |
1596 | special assessment under the resolution, such apportionment to |
1597 | be made in accordance with the provisions of the resolution and |
1598 | in relation to apportionment of cost provided herein for the |
1599 | preliminary assessment roll. Such tentative apportionment of |
1600 | total estimated cost shall not be held to limit or restrict the |
1601 | duties of the engineer in the preparation of such preliminary |
1602 | assessment roll. One of the duplicates of such plans, |
1603 | specifications, and estimates and such tentative apportionment |
1604 | shall be filed with the board of supervisors and the other |
1605 | duplicate shall be retained by the engineer in his or her files, |
1606 | all thereof to remain open to public inspection. |
1607 | (3) The board of supervisors upon the filing with it of |
1608 | such plans, specifications, estimates, and tentative |
1609 | apportionment of cost shall publish once in a newspaper or |
1610 | newspapers published or of general circulation in Palm Beach |
1611 | County a notice stating that at a meeting of the board of |
1612 | supervisors on a certain day and hour, not earlier than 15 days |
1613 | from such publication, the board of supervisors will hear |
1614 | objections of all interested persons to the confirmation of such |
1615 | resolution, which notice shall state in brief and general terms |
1616 | a description of the proposed assessable improvements with the |
1617 | location thereof, and shall also state that plans, |
1618 | specifications, estimates, and tentative apportionment of cost |
1619 | thereof are on file with the board of supervisors. The board of |
1620 | supervisors shall keep a record in which shall be inscribed, at |
1621 | the request of any person, firm or corporation having or |
1622 | claiming to have any interest in any lot or parcel of land or |
1623 | property, the name and post office address of such person, firm, |
1624 | or corporation, together with a brief description or designation |
1625 | of such lot or parcel, and it shall be the duty of the board of |
1626 | supervisors to mail a copy of such notice to such person, firm, |
1627 | or corporation at such address, at least 10 days before the time |
1628 | for the hearing as stated in such notice, but the failure of the |
1629 | board of supervisors to keep such record or so to inscribe any |
1630 | name or address or to mail any such notice shall not constitute |
1631 | a valid objection to holding the hearing as provided in this |
1632 | section or to any other action taken under the authority of this |
1633 | section. |
1634 | (4) At the time named in such notice, or to which an |
1635 | adjournment may be taken by the board of supervisors, the board |
1636 | of supervisors shall receive any objections of interested |
1637 | persons and may then or thereafter repeal or confirm such |
1638 | resolution with such amendments, if any, as may be desired by |
1639 | the board of supervisors and which do not cause any additional |
1640 | property to be specially assessed. |
1641 | (5) All objections to any such resolution on the ground |
1642 | that it contains items which cannot be properly assessed against |
1643 | property, or that it is, for any default or defect in the |
1644 | passage or character of the resolution or the plans or |
1645 | specifications or estimates, void or voidable in whole or in |
1646 | part, or that it exceeds the power of the board of supervisors, |
1647 | shall be made in writing in person or by attorney, and filed |
1648 | with the board of supervisors at or before the time or adjourned |
1649 | time of such hearing. Any objections against the making of any |
1650 | assessable improvements not so made shall be considered as |
1651 | waived, and if any objection shall be made and overruled or |
1652 | shall not be sustained, the confirmation of the resolution shall |
1653 | be the final adjudication of the issues presented unless proper |
1654 | steps shall be taken in the Circuit Court for the Eleventh |
1655 | Circuit to secure relief within 20 days. |
1656 | (6) Whenever any resolution providing for the construction |
1657 | or reconstruction of assessable improvements and for the levying |
1658 | of special assessments upon benefited property for the payment |
1659 | thereof shall have been confirmed, as hereinabove provided, or |
1660 | at any time thereafter, the board of supervisors may issue |
1661 | assessment bonds payable out of such assessments when collected. |
1662 | Said bonds shall mature not later than 2 years after the last |
1663 | installment in which said special assessments may be paid, as |
1664 | provided in subsection (10), and shall bear interest at not |
1665 | exceeding 6 percent per annum. Such assessment bonds shall be |
1666 | executed, shall have such provisions for redemption prior to |
1667 | maturity, and shall be sold in the manner and be subject to all |
1668 | of the applicable provisions contained in this act for revenue |
1669 | bonds, except as the same are inconsistent with the provisions |
1670 | of this section. The amount of such assessment bonds for any |
1671 | assessable improvement, after the confirmation of the initial |
1672 | resolution, shall not exceed 70 percent of the estimated amount |
1673 | of the cost of such assessable improvements which are to be |
1674 | specially assessed against the land or property to be specially |
1675 | benefited thereby, as shown in the estimates of the engineer for |
1676 | the district referred to in subsection (2). The amount of such |
1677 | assessment bonds for any assessable improvement to be issued, |
1678 | after the confirmation of the preliminary assessment roll |
1679 | provided for in subsection (9), including any assessment bonds |
1680 | theretofore issued, shall not exceed the amount of special |
1681 | assessments actually confirmed and levied by the board of |
1682 | supervisors as provided in subsection (9). |
1683 | Such assessment bonds shall be payable from the proceeds of the |
1684 | special assessments levied for the assessable improvement for |
1685 | which such assessment bonds are issued; provided, however, that |
1686 | the district may pledge the full faith and credit of the |
1687 | district for the payment of the principal of and interest on |
1688 | such assessment bonds if the issuance of such assessment bonds |
1689 | shall be approved in the manner provided by law. |
1690 | (7) After the passage of the resolution authorizing the |
1691 | construction or reconstruction of assessable improvements has |
1692 | been confirmed as provided in subsection (4), the district may |
1693 | proceed with the construction or reconstruction work. Promptly |
1694 | after the completion of the work, the engineer for the district, |
1695 | who is hereby designated as the official of the district to make |
1696 | preliminary assessment of benefits from assessable improvements, |
1697 | shall prepare a preliminary assessment roll and file the same |
1698 | with the board of supervisors, which roll shall contain the |
1699 | following |
1700 | (a) A description of the lots and parcels of land or |
1701 | property within the district which will benefit from such |
1702 | assessable improvements and the amount of such benefits to each |
1703 | such lot or parcel of land or property, and the preliminary |
1704 | assessment. Such lots and parcels shall include the property of |
1705 | the county or counties and any school district or other |
1706 | political subdivision within the district. There shall also be |
1707 | given the name of the owner of record of each lot or parcel |
1708 | where practicable, and a statement of the method of assessment |
1709 | used by such engineer. |
1710 | (b) The total cost of the improvement and the amount of |
1711 | incidental expense. |
1712 |
|
1713 | In making such preliminary assessments the engineer may use any |
1714 | method of determining the amount of special benefits accruing to |
1715 | each lot or parcel of land or property from such assessable |
1716 | improvements as shall be approved by the board of supervisors. |
1717 | Such special benefits may be based on an acreage assessment |
1718 | where benefits from such assessable improvements are equal or |
1719 | nearly equal for lands or property in a particular area, front |
1720 | footage, or any other factors which the board of supervisors |
1721 | deems fair and equitable as between the different lots or |
1722 | parcels of land or property benefited. It shall be the duty of |
1723 | the engineer in making such preliminary assessment roll to view |
1724 | all lots or parcels of land or property to be assessed, and to |
1725 | determine, for the preliminary assessment roll, the amount of |
1726 | benefit which each lot or parcel of land or property will |
1727 | receive from such assessable improvements, under the method or |
1728 | methods prescribed by the board of supervisors, or any |
1729 | combination thereof. |
1730 | (8) The preliminary roll shall be advisory only and shall |
1731 | be subject to the action of the board of supervisors as |
1732 | hereinafter provided. Upon the filing with the board of |
1733 | supervisors of the preliminary assessment roll, the board of |
1734 | supervisors shall publish at least once in a newspaper or |
1735 | newspapers published or of general circulation within Palm Beach |
1736 | County, a notice stating that at a meeting of the board of |
1737 | supervisors to be held on a certain day and hour, not less than |
1738 | 15 days from the date of such publication, which meeting may be |
1739 | a regular, adjourned or special meeting, all interested persons |
1740 | may appear and file written objections to the confirmation of |
1741 | such roll. Such notice shall state the class of the assessable |
1742 | improvements and the location thereof by terminal points, route |
1743 | or otherwise. The board of supervisors shall also mail a copy of |
1744 | such notice to the persons, firms or corporations referred to in |
1745 | subsection (3) at least 10 days before the time for the meeting |
1746 | as stated in such notice, but the failure of the board of |
1747 | supervisors to mail any such notice shall not constitute a valid |
1748 | objection to holding such meeting or to any other action taken |
1749 | under the authority of this section. |
1750 | (9) At the time and place stated in such notice the board |
1751 | of supervisors shall meet and receive the objections in writing |
1752 | of all interested persons as stated in such notice. The board of |
1753 | supervisors may adjourn the hearing from time to time. After the |
1754 | completion thereof the board of supervisors shall either annul |
1755 | or sustain or modify in whole or in part the preliminary |
1756 | assessment as indicated on such roll, either by confirming the |
1757 | preliminary assessment against any or all lots or parcels |
1758 | described therein or by canceling, increasing or reducing the |
1759 | same, according to the special benefits which the board of |
1760 | supervisors decides each such lot or parcel has received or will |
1761 | receive on account of such improvement. If any property which |
1762 | may be chargeable under this section shall have been omitted |
1763 | from the preliminary roll, or if the preliminary assessment |
1764 | shall not have been made against it, the board may place on such |
1765 | roll an apportionment to such property. The board of supervisors |
1766 | shall not confirm any assessment in excess of the special. |
1767 | benefits to the property assessed, and the assessments so |
1768 | confirmed shall be in proportion to the special benefits. The |
1769 | assessment so made shall be final and conclusive as to each lot |
1770 | or parcel assessed unless proper steps be taken within 30 days |
1771 | in the Circuit Court for the Eleventh Circuit to secure relief. |
1772 | If the assessment against any property shall be sustained or |
1773 | reduced or abated by the court, the board of supervisors shall |
1774 | note that fact on the assessment roll opposite the description |
1775 | of the property affected thereby. The amount of the special |
1776 | assessment against any lot or parcel which may be reduced or |
1777 | abated' by the court, unless the assessment upon the entire |
1778 | district be, reduced or abated, or the amount by which such |
1779 | assessment is so reduced or abated, may by resolution of the |
1780 | board of supervisors be made chargeable against the district at |
1781 | large; or, at the discretion of the board of supervisors, a new |
1782 | assessment roll may be prepared and confirmed in the manner |
1783 | hereinabove provided for the preparation and confirmation of the |
1784 | original assessment roll. |
1785 | (10) Any assessment may be paid at the office of the board |
1786 | of supervisors within 60 days after the confirmation thereof, |
1787 | without interest. Thereafter all assessments shall be payable at |
1788 | such times, over such period of years not exceeding 20 years, |
1789 | and in such annual or other installments, with interest at such |
1790 | rate not exceeding eight percent per annum on the principal |
1791 | amount of such assessments from the expiration of said 60 days, |
1792 | as the board of supervisors shall determine by resolution. The |
1793 | board of supervisors may provide that any assessment may be paid |
1794 | at any time before due, together with interest accrued thereon |
1795 | to the date of prepayment, if such prior payment shall be |
1796 | permitted by the proceedings authorizing any assessment bonds or |
1797 | other obligations for the payment of which such special |
1798 | assessments have been pledged. |
1799 | (11) All such special assessments shall be collected by |
1800 | the tax collector for Palm Beach County, or by such other |
1801 | officer or agent as the board may designate, at such time or |
1802 | times as the board of supervisors shall specify in the |
1803 | proceedings authorizing or confirming the special assessments, |
1804 | and if no other time is specified then at the same time as |
1805 | general county taxes are collected in Palm Beach County. |
1806 | (12) All assessments shall constitute a lien upon the |
1807 | property so assessed from the date of confirmation of the |
1808 | resolution ordering the improvement, of the same nature and to |
1809 | the same extent as the lien for general county taxes falling due |
1810 | in the same year or years in which such assessments or |
1811 | installments thereof fall due, and any assessment or installment |
1812 | not paid when due shall be collectible with such interest and |
1813 | with a reasonable attorney's fee and costs, but without |
1814 | penalties, by the district by proceedings in the Circuit Court |
1815 | for the Eleventh Circuit to foreclose the lien of assessments as |
1816 | a lien for mortgages is or may be foreclosed under the laws of |
1817 | the State; provided that any such proceedings to foreclose shall |
1818 | embrace all installments of principal remaining unpaid with |
1819 | accrued interest thereon, which installments shall, by virtue of |
1820 | the institution of such proceedings, immediately become due and |
1821 | payable. Nevertheless, if prior to any sale of the property |
1822 | under decree of foreclosure in such proceedings, payment be made |
1823 | of the installment or installments which are shown to be due |
1824 | under the provisions of the resolution passed pursuant to |
1825 | subsection (9) and by subsection (10), and all costs including |
1826 | interest and attorney's fees, such payment shall have the effect |
1827 | of restoring the remaining installments to their original |
1828 | maturities, and the proceedings shall be dismissed. It shall be |
1829 | the duty of the district to enforce the prompt collection of |
1830 | assessments by the means herein provided, and such duty may be |
1831 | enforced at the suit of any holder of bonds issued under this |
1832 | act in the Circuit Court for the Eleventh Circuit by mandamus or |
1833 | other appropriate proceedings or action. Not later than 30 days |
1834 | after any installments are due and payable, it shall be the duty |
1835 | of the board of supervisors to direct the attorney or attorneys |
1836 | whom the board of supervisors shall then designate to institute |
1837 | action within two months after such direction to enforce the |
1838 | collection of all special assessments for assessable |
1839 | improvements made under this section and remaining due and |
1840 | unpaid at the time of such direction. Such action shall be |
1841 | prosecuted in a manner and under the conditions in and under |
1842 | which mortgages are foreclosed under the laws of the State. It |
1843 | shall be lawful to join in one action the collection of |
1844 | assessments against. any or all property assessed by virtue of |
1845 | the same assessment roll unless the court shall deem such |
1846 | joinder prejudicial to the interests of any defendant. The court |
1847 | shall allow a reasonable attorney's fee for the attorney or |
1848 | attorneys of the district, and the same shall be collectible as |
1849 | a part of or in addition to the costs of the action. At the sale |
1850 | pursuant to decree in any such action, the district may be a |
1851 | purchaser to the same extent as an individual person or |
1852 | corporation, except that the part of the purchase price |
1853 | represented by the assessments sued upon and. the interest |
1854 | thereon need not be paid in cash. Property so acquired by the |
1855 | district may be sold or otherwise disposed of, the proceeds of |
1856 | such disposition to be placed in the fund provided by subsection |
1857 | (13), provided, however, that no sale or other disposition |
1858 | thereof shall be made unless the notice calling for bids |
1859 | therefor to be received at a stated time and place shall have |
1860 | been published at least once in a newspaper or newspapers |
1861 | published or of general circulation in Palm Beach County. |
1862 | (13) All assessments and charges made under the provisions |
1863 | of this section for the payment of all or any part of the cost |
1864 | of any assessable improvements for which assessment bonds shall |
1865 | have been issued under the provisions of this law, or which have |
1866 | been pledged as additional security for any other bonds or |
1867 | obligations issued under this act, shall be maintained in a |
1868 | special fund or funds and be used only for the payment of |
1869 | principal of or interest on such assessment bonds or other bonds |
1870 | or obligations. |
1871 | (14) Palm Beach County and each school district and other |
1872 | political subdivision wholly or partly within the district shall |
1873 | possess the same power and be subject to the same duties and |
1874 | liabilities in respect of the special assessments under this |
1875 | section affecting the real estate of such county, school |
1876 | district or other political subdivision which, private owners of |
1877 | real estate possess or are subject to hereunder, and such real |
1878 | estate of any such county, school district and political |
1879 | subdivision shall be subject to liens for said assessments in |
1880 | all cases where the same property would be subject to such liens |
1881 | had it at the time the lien attached been owned by a private |
1882 | owner. |
1883 | (15) Subject to the terms of any bonds or other obligation |
1884 | payable from or secured by the assessments provided for herein, |
1885 | the board of supervisors may at any time and from time to time |
1886 | modify, in whole or in part, or revoke any plan or specification |
1887 | for any assessable improvement. In connection with the revision |
1888 | of any such plan or specification, benefits may be reassessed or |
1889 | additional assessments made in accordance with the provisions |
1890 | and procedures of this section. The board of supervisors may at |
1891 | any time approve and make effective technical changes and |
1892 | modifications of any plan for any improvement not affecting the |
1893 | determination of assessed benefits or the security of bond |
1894 | owners. |
1895 | Section 33. Issuance of certificates of indebtedness based |
1896 | on assessments for assessable improvements; assessment bonds.-- |
1897 | (1) The board of supervisors may, after any assessments |
1898 | for assessable improvements are made, determined and confirmed |
1899 | as provided in section 32, issue certificates of indebtedness |
1900 | for the amount so assessed against the abutting property or |
1901 | property otherwise benefited, as the case may be, and separate |
1902 | certificates shall be issued against each part or parcel of land |
1903 | or property assessed, which certificates shall state the general |
1904 | nature of the improvement for which the said assessment is made. |
1905 | Said certificates shall be payable in annual installments or |
1906 | otherwise in accordance with the installments of the special |
1907 | assessments for which they are issued. The board of supervisors |
1908 | may determine the interest to be borne by such certificates at a |
1909 | rate no greater than six percent per annum, and may sell such |
1910 | certificates at either private or public sale and determine the |
1911 | form, manner of execution and other details of such |
1912 | certificates. Such certificates shall recite that they are |
1913 | payable only from the special assessments levied and collected |
1914 | from the part or parcel of land or property against which they |
1915 | are issued. The proceeds of such certificates may be pledged for |
1916 | the payment of principal of and interest on any revenue bonds or |
1917 | general obligation bonds issued to finance in whole or in part |
1918 | such assessable improvement, or, if not so pledged, may be used |
1919 | to pay the cost or part of the cost of such assessable |
1920 | improvements. |
1921 | (2) The district may also issue assessment bonds or other |
1922 | obligations payable from a special fund into which such |
1923 | certificates of indebtedness referred to in the preceding |
1924 | paragraph may be deposited; or, if. such certificates of |
1925 | indebtedness have not been issued, the district may assign to |
1926 | such special fund for the benefit of the holders of such |
1927 | assessment bonds or other obligations, or to a trustee for such |
1928 | bondholders, the assessment liens provided for in section 32, |
1929 | unless such certificates of indebtedness or assessment liens |
1930 | have been theretofore pledged for any bonds or other obligations |
1931 | authorized hereunder. In the event of the creation of such |
1932 | special fund and the issuance of such assessment bonds or other |
1933 | obligations, the proceeds of such certificates of indebtedness |
1934 | or assessment liens deposited therein shall be used only for the |
1935 | payment of the assessment bonds or other obligations issued as |
1936 | provided in this section. The district is hereby authorized to |
1937 | covenant with the holders of such assessment bonds or other |
1938 | obligations that it will diligently and faithfully enforce and |
1939 | collect all the special assessments and interest and penalties |
1940 | thereon for which such certificates of indebtedness or |
1941 | assessment liens have been deposited in or assigned to such |
1942 | fund, and to foreclose such assessment liens so assigned to such |
1943 | special fund or represented by the certificates of indebtedness |
1944 | deposited in said special fund, after such assessment liens have |
1945 | become delinquent, and deposit the proceeds derived from such |
1946 | foreclosure, including interest and penalties, in such special |
1947 | fund, and to make any other covenants deemed necessary or |
1948 | advisable in order to properly secure the holders of such |
1949 | assessment bonds or other obligations. |
1950 | (3) The assessment bonds or other obligations issued |
1951 | pursuant to this section shall have such dates of issue and |
1952 | maturity as shall be deemed advisable by the board of |
1953 | supervisors, provided, however, that the maturities of such |
1954 | assessment bonds or other obligations shall not be more than 2 |
1955 | years after the due date of the last installment which will be |
1956 | payable on any of the special assessments for which such |
1957 | assessment liens, or the certificates of indebtedness |
1958 | representing such assessment liens, are assigned to or deposited |
1959 | in such special fund. |
1960 | (4) Such assessment bonds or other obligations issued |
1961 | under this section shall bear interest at not exceeding six |
1962 | percent per annum, shall be executed, shall have such provisions |
1963 | for redemption prior to maturity, shall be sold in the manner |
1964 | and be subject to all of the applicable provisions contained in |
1965 | this act for revenue bonds, except as the same may be |
1966 | inconsistent with the provisions of this section. |
1967 | (5) All assessment bonds or other obligations issued under |
1968 | the provisions of this act, except certificates of indebtedness |
1969 | issued against separate lots or parcels of land or property as |
1970 | provided in this section, shall be and constitute and have all |
1971 | the qualities and incidents of negotiable instruments under the |
1972 | law merchant and the laws of the State. |
1973 | Section 34. Issuance of bond anticipation notes.--In |
1974 | addition to the other powers provided for in this act and not in |
1975 | limitation thereof, the district shall have the power, at any |
1976 | time and from time to time after the issuance of any bonds of |
1977 | the district shall have been authorized, to borrow money for the |
1978 | purposes for which such bonds are to be issued in anticipation |
1979 | of the receipt of the proceeds of the sale of such bonds and to |
1980 | issue bond anticipation notes in a principal amount not in |
1981 | excess of the authorized maximum amount of such bond issue. Such |
1982 | notes shall be in such denomination or denominations, bear |
1983 | interest at such rate or rates not in excess of six percent per |
1984 | annum, mature at such time or times not later than 5 years from |
1985 | the date of issuance, be renewable for an additional term or |
1986 | terms in the aggregate not in excess of 5 years from the date of |
1987 | first renewal, and be in such form and executed in such manner |
1988 | as the board of supervisors shall prescribe. Such notes may be |
1989 | sold at either public or private sale, or if such notes shall be |
1990 | renewal notes, may be exchanged for notes then outstanding on |
1991 | such terms as the board of supervisors shall determine. Such |
1992 | notes shall be paid from the proceeds of such bonds when issued. |
1993 | The board of supervisors may in its discretion, in lieu of |
1994 | retiring the notes by means of bonds, retire them by means of |
1995 | current revenues or from any taxes or assessments levied for the |
1996 | payment of such bonds, but in such event a like amount of the |
1997 | bonds authorized shall not be issued. |
1998 | Section 35. Short-term borrowings.--The district at any |
1999 | time may obtain loans, in such amount and on such terms and |
2000 | conditions as the board of supervisors may approve, for the |
2001 | purpose of paying any of the expenses of the district or any |
2002 | costs incurred or that may be incurred in connection with any of |
2003 | the projects of the district, which loans shall have a term not |
2004 | exceeding 2 years from the date of issuance thereof, and may be |
2005 | renewable for a like term or terms, shall bear interest in any |
2006 | amount not in excess of six percent per annum, and may be |
2007 | payable from and secured by a pledge of such funds, revenues, |
2008 | taxes and assessments as the board of supervisors may determine. |
2009 | For the purpose of defraying such costs and expenses, the |
2010 | district may issue negotiable notes, warrants or other evidences |
2011 | of debt signed on behalf of the district by any one of the board |
2012 | of supervisors duly authorized by the board, such notes or other |
2013 | evidences of indebtedness to be payable at such times, to bear |
2014 | interest at a rate not exceeding six percent per annum and to be |
2015 | sold or discounted at such price or prices and on such terms as |
2016 | the board may deem advisable. The board shall have the right to |
2017 | provide for the payment thereof by pledging the whole or any |
2018 | part of the funds, revenues, taxes and assessments of the |
2019 | district. The approval of the qualified electors who are, |
2020 | freeholders residing in the district shall not be necessary |
2021 | except where required by the Constitution. |
2022 | Section 36. Trust agreements.--In the discretion of the |
2023 | board of supervisors, any issue of bonds may be secured by a |
2024 | trust agreement by and between the district and a corporate |
2025 | trustee or trustees, which may be any trust company or bank |
2026 | having the powers of a trust company within or without the |
2027 | State. The resolution authorizing the issuance of the bonds or |
2028 | such trust agreement may pledge the revenues to be received from |
2029 | any projects of the district and may contain such provisions for |
2030 | protecting and enforcing the rights and remedies of the |
2031 | bondholders as the board of supervisors may approve, including |
2032 | without limitation covenants setting forth the duties of the |
2033 | district in relation to the acquisition, construction, |
2034 | reconstruction, improvement, maintenance, repair, operation and |
2035 | insurance of any projects, the fixing and revising of the rates, |
2036 | fees, tolls, fares and charges, and the custody, safeguarding |
2037 | and application of all moneys, and for the employment of |
2038 | counseling engineers in connection with such acquisition, |
2039 | construction, reconstruction, improvement, maintenance, repair |
2040 | or operation. It shall be lawful for any bank or trust company |
2041 | incorporated under the laws of the State which may act as a |
2042 | depository of the proceeds of bonds or of revenues to furnish |
2043 | such indemnifying bonds or to pledge such securities as may be |
2044 | required by the district. Such resolution or trust agreement may |
2045 | set forth the rights and remedies of the bondholders and of the |
2046 | trustee, if any, and may restrict the individual right of action |
2047 | by bondholders. The board of supervisors may provide for the |
2048 | payment of the proceeds of the sale of the bonds and the |
2049 | revenues of any project to such officer, board or depository as |
2050 | it may designate for the custody thereof, and for the method of |
2051 | disbursement thereof with such safeguards and restrictions as it |
2052 | may determine. All expenses incurred in carrying out the |
2053 | provisions of such resolution or trust agreement may be treated |
2054 | as part of the cost of operation of the project to which such |
2055 | trust agreement pertains. |
2056 | Section 37. Sale of bonds.--Bonds may be sold in blocks or |
2057 | installments at different times, or an entire issue or series |
2058 | may be sold at one time. Bonds may be sold at public or private |
2059 | sale after such advertisement, if any, as the board of |
2060 | supervisors may deem advisable but not in any event at less than |
2061 | ninety-five (95) percent of the par value thereof, together with |
2062 | accrued interest thereon. Bonds may be sold or exchanged for |
2063 | refunding bonds. Special assessment and revenue bonds may be |
2064 | delivered as payment by the district of the purchase price or |
2065 | lease of any project or part thereof, or a combination of |
2066 | projects or parts thereof, or as the purchase price or exchanged |
2067 | for any property, real, personal or mixed, including franchises, |
2068 | or services rendered by any contractor, engineer or other |
2069 | person, all at one time or in blocks from time to time, in such |
2070 | manner and upon such terms as the board of supervisors in its |
2071 | discretion shall determine. The price or prices for any bonds |
2072 | sold, exchanged or delivered may be (a) the money paid for the |
2073 | bonds, (b) the principal amount, plus accrued interest to the |
2074 | date of redemption or exchange, of outstanding obligations |
2075 | exchanged for refunding bonds, (c) in the case of special |
2076 | assessment or revenue bonds, the amount of any indebtedness to |
2077 | contractors or other persons paid with such bonds, or the fair |
2078 | value of any properties exchanged for the bonds, as determined |
2079 | by the board of supervisors. |
2080 | Section 38. Authorization and form of bonds.--Bonds may be |
2081 | authorized by resolution or resolutions of the board of |
2082 | supervisors which shall be adopted by a majority of all of the |
2083 | members thereof then in office. Such resolution or resolutions |
2084 | may be adopted at the same meeting at which they are introduced, |
2085 | and need not be published or posted. The board of supervisors |
2086 | may by resolution authorize the issuance of bonds, fix the |
2087 | aggregate amount of bonds to be issued, the purpose or purposes |
2088 | for which the moneys derived therefrom shall be expended, the |
2089 | rate or rates of interest, which shall not exceed six percent |
2090 | per annum, the denomination of the bonds, whether or not the |
2091 | bonds are to be issued in one or more series, the date or dates |
2092 | thereof, the date or dates of maturity, which shall not exceed |
2093 | 40 years from their respective dates of issuance, the medium of |
2094 | payment, the place or places within or without the State where |
2095 | payment shall be made, registration privileges, redemption terms |
2096 | and privileges whether with or without premium, the manner of |
2097 | execution, the form of the bonds including any interest coupons |
2098 | to be attached thereto, the manner of execution of bonds and |
2099 | coupons, and any and all other terms, covenants and conditions |
2100 | thereof, and the establishment of reserve or other funds. Such |
2101 | authorizing resolution may further provide that such bonds may |
2102 | be executed manually or by engraved, lithographed or facsimile |
2103 | signature, provided that where signatures are engraved, |
2104 | lithographed or facsimile no bond shall be valid unless |
2105 | countersigned by a registrar or other officer designated by |
2106 | appropriate resolution of the board of supervisors. The seal of |
2107 | the district may be affixed, lithographed, engraved or otherwise |
2108 | reproduced in facsimile on such bonds. In case any officer whose |
2109 | signature or a facsimile of whose signature shall appear on any |
2110 | bonds or coupons shall cease to be such officer before the |
2111 | delivery of such bonds, such signature or facsimile shall |
2112 | nevertheless be valid and sufficient for all purposes the same |
2113 | as if he had remained in office until such delivery. |
2114 | Section 39. Increase in maximum allowable interest on |
2115 | district bonds.--Anything in this act or the laws of the state |
2116 | to the contrary notwithstanding, if at any time and from time to |
2117 | time the general laws of the State of Florida permit the |
2118 | counties, municipalities or political subdivisions of the State, |
2119 | or any of them, to issue general obligation, revenue, assessment |
2120 | or other bonds bearing interest in an amount or at a rate in |
2121 | excess of six percent per annum, then the maximum allowable |
2122 | interest on any bonds of the district that may be issued during |
2123 | the effective period of such general law shall be the maximum |
2124 | amount or rate permitted under such general law. |
2125 | Section 40. Interim certificates; replacement |
2126 | certificates.--Pending the preparation of definitive bonds, the |
2127 | board of supervisors may issue interim certificates or receipts |
2128 | or temporary bonds, in such form and with such provisions as the |
2129 | board of supervisors may determine, exchangeable for definitive |
2130 | bonds when such bonds shall have been executed and are available |
2131 | for delivery. The board of supervisors may also provide for the |
2132 | replacement of any bonds which shall become mutilated or be lost |
2133 | or destroyed. |
2134 | Section 41. Negotiability of bonds.--Any bond issued under |
2135 | this act and any interim certificate, receipt or temporary bond |
2136 | shall, in the absence of an express recital on the face thereof |
2137 | that it is nonnegotiable, be fully negotiable and shall be and |
2138 | constitute negotiable instruments within the meaning and for all |
2139 | purposes of the law merchant and the laws of the State of |
2140 | Florida. |
2141 | Section 42. Defeasance.--The board of supervisors may make |
2142 | such provision with respect to the defeasance of the right, |
2143 | title and interest of the holders of any of the bonds and |
2144 | obligations of the district in any revenues, funds or other |
2145 | properties by which such bonds are secured as the board deems |
2146 | appropriate and, without limitation on the foregoing, may |
2147 | provide that when such bonds or obligations become due and |
2148 | payable or shall have been called for redemption, and the whole |
2149 | amount of the principal and the interest and premium, if any, |
2150 | due and payable upon the bonds or obligations then outstanding |
2151 | shall be paid, or sufficient moneys or direct obligations of the |
2152 | United States Government the principal of and the interest on |
2153 | which when due will provide sufficient moneys, shall be held or |
2154 | deposited in trust for such purpose, and provision shall also be |
2155 | made for paying all other sums payable in connection with such |
2156 | bonds or other obligations, then and in such event the right, |
2157 | title and interest of the holders of the bonds in any revenues, |
2158 | funds or other properties by which such bonds are secured shall |
2159 | thereupon cease, determine and become void, and the board of |
2160 | supervisors may apply any surplus in any sinking fund |
2161 | established in connection with such bonds or obligations and all |
2162 | balances remaining in all other funds or accounts other than |
2163 | money held for the redemption or payment of the bonds or other |
2164 | obligations to any lawful purpose of the district as the board |
2165 | of supervisors shall determine. |
2166 | Section 43. Bonds as legal investment or |
2167 | security.--Notwithstanding any provisions of any other law to |
2168 | the contrary, all bonds issued under the provisions of this act |
2169 | shall constitute legal investments for savings banks, banks, |
2170 | trust companies, insurance companies, executors, administrators, |
2171 | trustees, guardians, and other fiduciaries, and for any board, |
2172 | body, agency, instrumentality, county, municipality or other |
2173 | political subdivision of the State, and shall be and constitute |
2174 | securities which may be deposited by banks or trust companies as |
2175 | security for deposits of state, county, municipal or other |
2176 | public funds, or by insurance companies as required or voluntary |
2177 | statutory deposits. |
2178 | Section 44. Covenants.--Any resolution authorizing the |
2179 | issuance of bonds may contain such covenants as the board of |
2180 | supervisors may deem advisable and all such covenants shall |
2181 | constitute valid and legally binding and enforceable contracts |
2182 | between the district and the bondholders, regardless of the time |
2183 | of issuance thereof. Such covenants may include, without |
2184 | limitation, covenants concerning the disposition of the bond |
2185 | proceeds, the use and disposition of project revenues, the |
2186 | pledging of revenues, taxes and assessments, the obligations of |
2187 | the district with respect to the operation of the project and |
2188 | the maintenance of adequate project revenues, the issuance of |
2189 | additional bonds, the appointment, powers and duties of trustees |
2190 | and receivers, the acquisition of outstanding bonds and |
2191 | obligations, restrictions on the establishing of competing |
2192 | projects or facilities, restrictions on the sale or disposal of |
2193 | the assets and property of the district, the priority of |
2194 | assessment liens, the priority of claims by bondholders on the |
2195 | taxing power of the district, the maintenance of deposits to |
2196 | assure the payment of revenues by users of district facilities |
2197 | and services, the discontinuance of district services by reason |
2198 | of delinquent payments, acceleration upon default, the execution |
2199 | of necessary instruments, the procedure for amending or |
2200 | abrogating covenants with the bondholders, and such other |
2201 | covenants as may be deemed necessary or desirable for the |
2202 | security of the bondholders. |
2203 | Section 45. Validity of bonds; validation proceedings.-- |
2204 | (1) Any bonds issued by the district shall be |
2205 | incontestable in the hands of bona fide purchasers or holders |
2206 | for value and shall not be invalid because of any irregularity |
2207 | or defects in the proceedings for the issue and sale thereof. |
2208 | Prior to the issuance of any bonds, the district may, but is not |
2209 | required to, publish a notice at least once in a newspaper or |
2210 | newspapers published or of general circulation in Palm Beach |
2211 | County, stating the date of adoption of the resolution |
2212 | authorizing such obligations, the amount, maximum rate of |
2213 | interest and maturity of such obligations, and the purpose in |
2214 | general terms for which such obligations are to be issued, and |
2215 | further stating that any action or proceeding questioning the |
2216 | validity of such obligations or of the proceedings authorizing |
2217 | the issuance thereof, or of any covenants made therein, must be |
2218 | instituted within 20 days after the first publications of such |
2219 | notice, or the validity of such obligations, proceedings and |
2220 | covenants shall not be thereafter questioned in any court |
2221 | whatsoever. If no such action or proceeding is so instituted |
2222 | within such 20-day period then the validity of such obligations, |
2223 | proceedings and covenants shall be conclusive, and all persons |
2224 | or parties whatsoever shall be forever barred from questioning |
2225 | the validity of such obligations, proceedings or covenants in |
2226 | any court whatsoever. |
2227 | (2) The power of the district to issue bonds under the |
2228 | provisions of this act may be determined and any of the bonds of |
2229 | the district may be validated and confirmed by circuit court |
2230 | decree, under the provisions of chapter 75, Florida Statutes, |
2231 | and laws amendatory thereof or supplementary thereto. |
2232 | Section 46. Within act furnishes full authority for |
2233 | issuance of bonds.--This act constitutes full and complete |
2234 | authority for the issuance of bonds and the exercise of the |
2235 | powers of the district provided herein. No procedures or |
2236 | proceedings, publications, notices, consents, approvals, orders, |
2237 | acts or things by the board of supervisors, or any board, |
2238 | officers, commission, department, agency or instrumentality of |
2239 | the district, other than those required by this act, shall be |
2240 | required to issue any bonds or to do any act or perform anything |
2241 | under this act, and the issuance or sale of bonds pursuant to |
2242 | the provisions of this act need not comply with the requirements |
2243 | of any other law applicable to the issuance or sale of bonds, |
2244 | except as otherwise provided in this act, and shall not require |
2245 | the consent or approval of the Board of Drainage Commissioners |
2246 | of the State of Florida or of any other board, officers, |
2247 | commission, department, agency or instrumentality of the state |
2248 | or any political subdivision thereof. Except as otherwise |
2249 | provided herein, no proceedings or procedures of any character |
2250 | whatever shall be necessary or required for the issuance of |
2251 | bonds other than the adoption of an appropriate resolution by |
2252 | the board of supervisors as provided in this act with respect to |
2253 | the issuance of the same. The powers conferred by this act on |
2254 | the district with respect to the issuance and sale of bonds |
2255 | shall be in addition and supplemental to the powers conferred by |
2256 | any other law. |
2257 | Section 47. Pledge by the state to the bond holders of the |
2258 | district and to the Federal Government.--The state pledges to |
2259 | the holders of any bonds issued under this act that it will not |
2260 | limit or alter the rights of the district to own, acquire, |
2261 | construct, reconstruct, improve, maintain, operate or furnish |
2262 | the projects or to levy and collect the taxes, assessments, |
2263 | rentals, rates, fees, tolls, fares and other charges provided |
2264 | for herein and to fulfill the terms of any agreement made with |
2265 | the holders of such bonds or other obligations, that it will not |
2266 | in any way impair the rights or remedies of the holders, and |
2267 | that it will not modify in any way the exemption from taxation |
2268 | provided in the act, until all such bonds together with interest |
2269 | thereon, and all costs and expenses in connection with any |
2270 | action or proceeding by or on behalf of such holders, are fully |
2271 | met and discharged. The state pledges to and agrees with the |
2272 | Federal Government that in the event the Federal Government or |
2273 | any agency or authority thereof shall construct or contribute |
2274 | any funds, materials or property for the construction, |
2275 | acquisition, extension, improvement, enlargement, maintenance, |
2276 | operation, or furnishing of any of the projects of the district, |
2277 | or any part thereof, the State will not alter or limit the |
2278 | rights and powers of the district in any manner which would be |
2279 | inconsistent with the continued maintenance and operation of |
2280 | such project, or any part thereof, or the improvement thereof, |
2281 | or which would be inconsistent with the due performance of any |
2282 | agreements between the district and the Federal Government, and |
2283 | the district shall continue to have and may exercise all powers |
2284 | herein granted so long as the board of supervisors may deem the |
2285 | same necessary or desirable for the carrying out of the purposes |
2286 | of this act and the purposes of the Federal Government in the |
2287 | construction, acquisition, extension, improvement, enlargement, |
2288 | maintenance, operation, or furnishing of any of the projects of |
2289 | the district, or any part thereof. |
2290 | Section 48. Agreements with municipalities within the |
2291 | district for the joint discharge of common functions.--The board |
2292 | of supervisors of the district and the governing bodies of any |
2293 | one or more municipalities located wholly or partly within the |
2294 | district, whether now in existence or hereafter created, are |
2295 | authorized to enter into and carry into effect contracts and |
2296 | agreements relating to the common powers, duties and functions |
2297 | of the board of supervisors and other officers, agents and |
2298 | employees of the district, and the respective governing bodies |
2299 | of one or more such municipalities, and their respective |
2300 | officers, agents and employees, to the end that there may be |
2301 | effective cooperation between and coordination of the efforts of |
2302 | such municipalities and the district in discharging their common |
2303 | functions, powers and duties and in rendering services to the |
2304 | respective residents and property owners of such municipalities |
2305 | and the district. The board of supervisors of the district and |
2306 | the governing bodies of one or more such municipalities are |
2307 | further authorized to enter into and carry into effect contracts |
2308 | and agreements for the performance of any of their common |
2309 | functions, powers and duties by a central agency or common agent |
2310 | of the contracting parties. |
2311 | Section 49. Cooperation agreements with the state, |
2312 | counties, and municipalities.-- |
2313 | (1) The state and the counties, municipalities, and other |
2314 | political subdivisions and public bodies and agencies thereof, |
2315 | or any of them, whether now existing or hereafter created, are |
2316 | authorized to aid and cooperate with the district in carrying |
2317 | out any of the purposes and projects of the district, to enter |
2318 | into cooperation agreements with the district, to provide in any |
2319 | such cooperation agreement for the making of loans, gifts, |
2320 | grants, or contributions to the district and the granting and |
2321 | conveyance to the district of real or personal property of any |
2322 | kind or nature, or any interest therein, for the carrying out of |
2323 | the purposes and projects of the district, to covenant in any |
2324 | such cooperation agreement to pay all or any part of the costs |
2325 | of acquisition, construction, reconstruction, extension, |
2326 | improvement, operation and maintenance of any of the projects of |
2327 | the district, and to pay all or any part of the principal and |
2328 | interest on any bonds of the district and all or any part of the |
2329 | deposits required to be made into any reserve, renewal and |
2330 | replacement or other funds created and established by the |
2331 | indenture, resolution, deed of trust or other instrument |
2332 | securing such bonds. |
2333 | (2) The state and the counties, municipalities and other |
2334 | political subdivisions and public bodies and agencies thereof, |
2335 | or any of them, whether now existing or hereafter created, and |
2336 | the district created by this act, are further authorized to |
2337 | enter cooperative agreements to provide for the furnishing by |
2338 | the district to the state or any county, municipality or other |
2339 | political subdivision or public body or agency thereof of any of |
2340 | the facilities and services of the district, or by the state or |
2341 | any county, municipality or other political subdivision or |
2342 | public body or agency thereof to the district and to persons, |
2343 | firms or corporations within the district of facilities and |
2344 | services of the type that the district is authorized to furnish |
2345 | or undertake, or such other facilities and services as may be |
2346 | determined necessary or desirable by the board of supervisors |
2347 | for the carrying out of the purposes of this act, all on such |
2348 | terms and conditions as the board of supervisors may deem |
2349 | appropriate. Without limitation on the foregoing, such |
2350 | cooperation agreements may provide for the furnishing by any |
2351 | county, municipality or other political subdivision of fire and |
2352 | police protection for the district and persons and property |
2353 | within the district, and for the providing to the district of |
2354 | any services deemed necessary or desirable by the board of |
2355 | supervisors for the proper functioning of the district. |
2356 | (3) Without limitation of the foregoing, the board of |
2357 | supervisors may undertake and finance any of the projects of the |
2358 | district, in whole or in part, jointly with the Scripps Research |
2359 | Institute, Palm Beach County or any municipality, now existing |
2360 | or hereafter created, or in any other manner combine the |
2361 | projects of the district with the projects of such municipality |
2362 | or municipalities, on such terms and conditions as the board of |
2363 | supervisors shall approve, and the provisions of this act, |
2364 | including without limitation the provisions for the financing of |
2365 | district projects through bond issues, shall be applicable to |
2366 | such projects. |
2367 | (4) Any agreement of the type authorized by this section |
2368 | may be made and entered into pursuant to this act for such time |
2369 | or times, not exceeding 40 years, as shall be agreed by the |
2370 | parties thereto or for such longer time as any bonds of any of |
2371 | the contracting parties, including refunding bonds, remain |
2372 | outstanding and unpaid, and may contain such details, terms, |
2373 | provisions and conditions as shall be agreed upon by the parties |
2374 | thereto. Any such agreement may be made and entered into for the |
2375 | benefit of the holders of any bonds of the district as well as |
2376 | the parties thereto and in such event shall be enforceable in |
2377 | any court of competent jurisdiction by the holders of any such |
2378 | bonds or of the coupons appertaining thereto. |
2379 | Section 50. Contracts, grants, and contributions.--The |
2380 | district shall have the power to make and enter all contracts |
2381 | and agreements necessary or incidental to the performance of the |
2382 | functions of the district and the execution of its powers, and |
2383 | to contract with, and to accept and receive grants or loans of |
2384 | money, material, or property from, any person; private or public |
2385 | corporation; the state or any agency or instrumentality thereof; |
2386 | any county, municipality, or other political subdivision; or any |
2387 | agency, instrumentality, or corporation of or created by the |
2388 | United States of America, or the United States of America, as |
2389 | the board of supervisors shall determine to be necessary or |
2390 | desirable to carry out the purposes of this act, and in |
2391 | connection with any such contract, grant, or loan to stipulate |
2392 | and agree to such covenants, terms, and conditions as the board |
2393 | of supervisors shall deem appropriate. |
2394 | Section 51. Tax exemption.--As the exercise of the powers |
2395 | conferred by this act to effect the purposes of this act |
2396 | constitute the performance of essential public functions, and as |
2397 | the projects of the district will constitute public property |
2398 | used for public purposes, all assets and properties of the |
2399 | district, and all bonds issued hereunder and interest paid |
2400 | thereon, and all fees, charges, and other revenues derived by |
2401 | the district from the projects provided for by this act shall be |
2402 | exempt from all taxes by the state or by any political |
2403 | subdivision, agency, or instrumentality thereof, provided, |
2404 | however, that nothing in this act shall be deemed to exempt from |
2405 | taxation any property, project, facility, business activity, or |
2406 | enterprise that cannot validly be undertaken as a public |
2407 | function by special taxing districts or other public bodies |
2408 | under the laws of the state and State Constitution, and provided |
2409 | further, that nothing in this act shall be deemed to exempt any |
2410 | property, project, facility, or business activity or enterprise |
2411 | of the district, or revenues derived therefrom, which would be |
2412 | subject to taxation under the general laws of the state if such |
2413 | property, project, or facility were owned or undertaken by a |
2414 | municipal corporation. |
2415 | Section 52. Suits against the district.--No suit or action |
2416 | shall be brought or maintained against the district for damages |
2417 | arising out of tort or breach of contract, including, without |
2418 | limitation, any claim arising upon account of an act causing a |
2419 | wrongful death, unless written notice of such claim is within 90 |
2420 | days after receiving the alleged injury given to the secretary |
2421 | of the board of supervisors, with detailed specifications as to |
2422 | the time, place, and manner of injury. No such suit or action |
2423 | shall be brought or maintained unless brought within 12 months |
2424 | from the time of the injury or damages. |
2425 | Section 53. Action taken on consent of landowners.--Any |
2426 | action required under this act to be taken on notice to the |
2427 | landowners of the district and on public hearing for the purpose |
2428 | of receiving and passing on objections by landowners may be |
2429 | taken without such notice or hearing upon the written consent of |
2430 | all of the landowners affected by such action. |
2431 | Section 54. Enforcement and penalties.-- |
2432 | (1) The board of supervisors or any aggrieved person may |
2433 | have recourse to such remedies in law and equity as may be |
2434 | necessary to ensure compliance with the provisions of this act, |
2435 | including injunctive relief to enjoin or restrain any person |
2436 | violating the provisions of this act, and any resolutions, |
2437 | regulations, rules, codes, and orders adopted under this act, |
2438 | and the court shall, upon proof of such violation, have the duty |
2439 | to issue forthwith such temporary and permanent injunctions as |
2440 | are necessary to prevent such further violation thereof. In case |
2441 | any building or structure is erected, constructed, |
2442 | reconstructed, altered, repaired, converted, or maintained, or |
2443 | any building, structure, land, or water is used in violation of |
2444 | this act or of any code, order, resolution, or other regulation |
2445 | made under authority conferred by this act or under law, the |
2446 | board of supervisors and any person residing in the district may |
2447 | institute any appropriate action or proceeding to prevent such |
2448 | unlawful erection, construction, reconstruction, alteration, |
2449 | repair, conversion, maintenance, or use to restrain, correct, or |
2450 | avoid such violation, to prevent the occupancy of such building, |
2451 | structure, land, or water, and to prevent any illegal act, |
2452 | conduct, business, or use in or about such premises, land, or |
2453 | water. |
2454 | (2) Any person violating the provisions of this act or who |
2455 | shall fail to abide by and obey any of the resolutions, |
2456 | regulations, rules, codes and orders adopted under this act |
2457 | shall be guilty of a misdemeanor. Each day that the violation |
2458 | shall continue shall constitute a separate violation. |
2459 | (3) It shall be unlawful and a misdemeanor for the owner |
2460 | of any land subject to this act, or his or her agent, or other |
2461 | persons, to advocate, propose, suggest, use or exhibit a map, |
2462 | plat, survey or plan of subdivision or development of land |
2463 | except in conformity with this act and the rules and regulations |
2464 | of the board of supervisors. |
2465 | Section 55. Investment of funds.--The board of supervisors |
2466 | may in its discretion invest funds of the district in: |
2467 | (1) Direct obligations of or obligations guaranteed by the |
2468 | United States of America or for the payment of the principal and |
2469 | interest of which the faith and credit of the United States is |
2470 | pledged; |
2471 | (2) Bonds or notes issued by any of the following federal |
2472 | agencies: Bank for Cooperatives; federal intermediate credit |
2473 | banks; federal home loan bank system; federal land banks; or the |
2474 | Federal National Mortgage Association including debentures or |
2475 | participating certificates issued by such association; |
2476 | (3) Public housing bonds issued by public housing |
2477 | authorities and secured by a pledge of annual contributions |
2478 | under an annual contribution contract or contracts with the |
2479 | United States of America; |
2480 | (4) Bonds or other interest bearing obligations of any |
2481 | county, district, city, or town located in the state for which |
2482 | the full faith and credit of such political subdivision is |
2483 | pledged; or |
2484 | (5) Any investment authorized for insurers by sections |
2485 | 625.0105 through 625.0115, Florida Statutes, inclusive, and |
2486 | amendments thereto. |
2487 | Section 56. Fiscal year of the district.--The board of |
2488 | supervisors has the power to establish and from time to time |
2489 | redetermine the fiscal year of the district. Unless the board of |
2490 | supervisors otherwise provides, the district shall be on a |
2491 | calendar fiscal year. |
2492 | Section 57. Severability of provisions.--If any section, |
2493 | clause, sentence, or provision of this act, or the application |
2494 | of such section, clause, sentence, or provision to any person or |
2495 | bodies or under any circumstances shall be held to be |
2496 | inoperative, invalid, or unconstitutional, the invalidity of |
2497 | such section, clause, sentence, or provision shall not be |
2498 | deemed, held or taken to affect the validity or |
2499 | constitutionality of any of the remaining parts of this act, or |
2500 | the application of any of the provisions of this act to persons, |
2501 | bodies, or in circumstances other than those as to which it or |
2502 | any part thereof shall have been held inoperative, invalid, or |
2503 | unconstitutional, and it is intended that this act shall be |
2504 | construed and applied as if any section, clause, sentence, or |
2505 | provision held inoperative, invalid, or unconstitutional had not |
2506 | been included in this act. |
2507 | Section 58. Liberal construction.--The provisions of this |
2508 | act shall be liberally construed to effect its purposes and |
2509 | shall be deemed cumulative, supplemental, and alternative |
2510 | authority for the exercise of the powers provided herein. |
2511 | Section 59. This act shall take effect upon becoming a |
2512 | law, except that the provisions of section 21 which authorize |
2513 | the levy of ad valorem taxation shall take effect only upon |
2514 | express approval by a majority vote of those qualified electors |
2515 | of the Scripps Research Improvement District voting in a |
2516 | referendum election to be called by the district and held within |
2517 | 60 days of this act becoming a law in accordance with the |
2518 | provisions of law relating to elections currently in force in |
2519 | the district. |