Sec. 262-366. - Created, boundaries.

To promote equitable control, orderly and quality use and development of the land within the district and to meet the intent of the legislature to best serve the welfare and convenience of the public and to meet the interest of the public and quality development consistent with local, regional and state planning and policy and to insure that the burden and risk of development be only on the developers and any bond investors pursuant to any herein authorized financing, a special tax district in Collier County, Florida, to be known as Pelican Bay Improvement District is hereby created and established and made a body corporate and political subdivision of the State of Florida with perpetual succession as limited by further provision of this enactment and with legal existence only to carry out those purposes, functions, powers, and duties specifically set forth by further provision of this enactment.

The lands to be included are described as:

All that fractional part of Section 32, lying south of Vanderbuilt Beach Road, and all of section 33, lying south of Vanderbuilt Beach Road and west of State Road 45 (U.S. 41); all in Township 48 South, Range 25 East; and also all of Section 4, lying west of State Road 45 (U.S. 41); all fractional parts of Government lots 1 and 2, section 5; all fractional parts of Section 8; and all of Section 9, lying west of State Road 45 (U.S. 41), excepting therefrom the south 70 feet of the southeast one-quarter and the south 70 feet of the east 158.25 feet of the southwest one-quarter; all in Township 49 South, Range 25 East, said lands situate, lying and being in Collier County, Florida.

The boundaries of the district which includes said lands are: A tract of land being in portions of Sections 32 and 33, Township 48 South, Range 25 East; together with portions of Sections 4, 5, 8 and 9, Township 49 South, Range 25 East, Collier County, Florida, and being more particularly described as follows:

Commencing at the southeast corner of said section 33; thence south 89 degrees 59 minutes 50 seconds west along the south line of Section 33 a distance of 150.02 feet to a point on the west right-of-way line of U.S. 41 (State Road 45), said point also being the point of beginning; thence southerly along the west right-of-way line of said U.S. 41 (State Road 45) the following courses: south 00 degrees 58 minutes 36 seconds east a distance of 2.49 feet; thence south 00 degrees 55 minutes 41 seconds east a distance of 3218.29 feet; thence south 01 degrees 00 minutes 29 seconds east a distance of 3218.56 feet; thence south 00 degrees 59 minutes 03 seconds east a distance of 2626.21 feet; thence south 01 degrees 00 minutes 18 seconds east a distance of 2555.75 feet to a point on the north right-of-way line of Pine Road as recorded in D.B. 50, P. 490, among the public records of said Collier County; thence departing said U.S. 41 (State Road 45) south 89 degrees 09 minutes 45 seconds west along said north right-of-way line a distance of 2662.61 feet; thence south 00 degrees 51 minutes 44 seconds east a distance of 70.00 feet to a point on the north line of Seagate Unit One as recorded in Plat Book 3, page 85 among said public records; thence south 89 degrees 09 minutes 45 seconds west along said north line of Seagate Unit One and the south line of said Section 9 a distance of 2496.67 feet to the southwest corner of said Section 9; thence continue south 89 degrees 09 minutes 45 seconds west a distance of 225 feet to a point on the mean high water line established May 15, 1968; thence in a northwesterly direction along said mean high water line a distance of 15,716 feet; thence departing said mean high water line south 80 degrees 29 minutes 30 seconds east and along the southerly line of Vanderbuilt Beach Road (State Road 862) as recorded in D.B. 15, P. 121 among said public records a distance of 7385 feet to a point on said west right-of-way line of U.S. 41 (State Road 45); thence south 00 degrees 58 minutes 36 seconds east along said west right-of-way line a distance of 2574.36 feet to the point of beginning.

(Laws of Fla. ch. 74-462, § 1)

Sec. 262-367. - Definitions.

Unless the context shall indicate otherwise, the following words as used in this article shall have the following meanings.

(1)

Assessable improvements means, without limitation, any and all public improvements and community facilities that the district is empowered to provide in accordance with this article.

(2)

Bond includes "certificate," and provisions applicable to bonds shall be equally applicable to certificates. "Bond" includes general obligation bonds, assessment bonds, refunding bonds, revenue bonds and such other obligations in the nature of bonds as are provided for in this article as the case may be.

(3)

Board means the board of supervisors of the Pelican Bay Improvement District, or if such board shall be abolished, the board, body or commission succeeding to the principal functions thereof or to whom the powers given by this article to the board shall be given by law.

(4)

Cost, when used with reference to any project, includes but is not limited to, the expenses of determining the feasibility or practicability of acquisition, construction or reconstruction; the cost of surveys, estimates, plans and specifications; the cost of acquisition, construction or reconstruction; the cost of surveys, estimates, plans and specifications; the cost of improvements, engineering, fiscal and legal expenses and charges; the cost of all labor, materials, machinery and equipment; cost of all lands, properties, rights, easements and franchises acquired; financing charges, the creation of initial reserve and debt service funds; working capital; interest charges incurred or estimated to be incurred on money borrowed prior to and during construction and acquisition and for such reasonable period of time after completion of construction or acquisition as the board may determine; the cost of issuance of bonds pursuant to this act including advertisements and printing, the cost of any election held pursuant to this act and all other expenses of issuance of bonds; discount, if any, on the sale or exchange of bonds; administrative expenses; such other expenses as may be necessary or incidental to the acquisition, construction or reconstruction of any project or to the financing thereof, or the development of any lands within the district; and reimbursement of any public or private body, person or firm or corporation for any monies advanced in connection with any of the foregoing items of cost. Any obligation or expense incurred prior to the issuance of bonds in connection with the acquisition, construction, or reconstruction of any project or improvement thereon, or in connection with any other development of land that the board of the district shall determine to be necessary or desirable in carrying out the purposes of this act, may be treated as a part of such cost.

(5)

District means the Pelican Bay Improvement District and "district manager" means the manager of the district.

(6)

Elector means a voter or qualified elector (under F.S. § 97.021(5)), who resides within the district.

(7)

Landowner means the owner of the freehold estate, as appears by the deed record, including trustees, private corporations, and owners of condominium units; it does not include reversioners, remaindermen, or mortgagees, who shall not be counted and need not be notified of proceedings under this article.

(8)

Project means any development, improvement, property, utility, facility, works, enterprise, or service, now existing or hereafter undertaken or established, under the provisions of this article.

(9)

Sewer system means any plant, system, facility or property and additions, extensions and improvements thereto at any future time constructed or acquired as part thereof useful or necessary or having the present capacity for future use in connection with the collection, treatment, purification or disposal of sewage, including without limitation industrial wastes resulting from any process of industry, manufacture, trade or business or from the development of any natural resources; and, without limiting the generality of the foregoing, shall include treatment plants, pumping stations, lift stations, valves, force mains, intercepting sewers, laterals, pressure lines, mains and all necessary appurtenances and equipment, all sewer mains, laterals and other devices for the reception and collection of sewage from premises connected therewith, and all real and personal property and any interest therein, rights, easements and franchises of any nature whatsoever relating to any such system and necessary or convenient for operation thereof.

(10)

Water management and control facilities means any lakes, canals, ditches, reservoirs, dams, levees, sluiceways, floodways, pumping stations or any other works, structures, or facilities for the conservation, control, development, utilization and disposal of water, and any purposes appurtenant, necessary or incidental thereto, and includes all real and personal property and any interest therein, rights, easements and franchises of any nature relating to any such water management and control facilities or necessary or convenient for the acquisition, construction, reconstruction, operation or maintenance thereof.

(11)

Water system means any plant, system, facility or property and additions, extensions and improvements thereto at any future time constructed or acquired as part thereof, useful or necessary or having the present capacity for future use in connection with the development of sources, treatment, or purification and distribution of water and, without limiting the generality of the foregoing, includes dams, reservoirs, storage tanks, mains, lines, valves, pumping stations, laterals, and pipes for the purpose of carrying water to the premises connected with such system, and all rights, easements and franchises of any nature whatsoever relating to any such system and necessary or convenient for the operation thereof.

(Laws of Fla. ch. 74-462, § 2; Laws of Fla. ch. 77-531, § 1; Laws of Fla. ch. 82-280, § 1)

Sec. 262-368. - Governing board.

(a)

The governing board of the district shall consist of five persons known as supervisors. The members of the board shall be qualified electors residing within the district. The following named individuals are declared to be the first board of supervisors:

Chester Lanning

Viola "Harold" Barclay

Salvastore C. Scuderi

Douglas G. Brown

Robert Diefinthaler

who have been approved by the Collier County commission.

The above named or their appointed successors shall hold office until their successors are duly elected and qualified. On the first Tuesday after the first Monday in November, 1984, there shall be an election by the qualified electors within the district for the purpose of electing three supervisors of the district. The three candidates receiving the highest number of votes shall be elected for a period of four years commencing on the second Tuesday following such election. The president and secretary of the district, as of October 1, 1984, shall remain in office until November, 1986. On the first Tuesday after the first Monday in November, 1986, there shall be an election by the qualified electors within the district for the purpose of electing two supervisors. The two candidates receiving the highest number of votes shall be elected for a term of four years commencing on the second Tuesday following such election. There shall be an election of supervisors of the district every two years thereafter on the first Tuesday after the first Monday in November. In calendar years ending in the numbers 4 and 8, three supervisors shall be elected for a term of four years each, and in calendar years ending in the numbers 2, 6 and 0, two supervisors shall be elected for a term of four years each. The term of office of any elected supervisor shall commence on the second Tuesday following such election.

Elections held pursuant to this subsection shall be conducted in the manner prescribed by law for holding general elections.

Candidates seeking election to office shall conduct their campaigns in accordance with the provisions of F.S. ch. 106. Candidates shall file petitions, and take the oath required in F.S. § 99.021, with the supervisor of elections of Collier County, Florida.

The supervisor of elections shall appoint the inspectors and clerks of elections, prepare and furnish the ballots, designate polling places, and canvass the returns of the election. The board of county commissioners shall declare and certify the results of the election.

The county registration books shall be used to determine eligible voters, and absentee ballots shall be available as provided by law.

(b)

In case of a vacancy in the office of a supervisor, the remaining supervisors shall fill the vacancy by appointment for the remainder of the unexpired term.

(c)

As soon as practicable after each election, the board shall organize by choosing one of their number president of the board and by electing a secretary, who need not be a member of the board.

(d)

A majority of the board shall be necessary to constitute a quorum.

(e)

The board shall keep a permanent record book entitled Record of Proceedings of Pelican Bay Improvement District, in which shall be recorded minutes of all meetings, resolutions, proceedings, certificates, bonds given by all employees, and any and all corporate acts, which book shall at all reasonable times be opened to the inspection in accordance with and subject to F.S. ch. 119, and such other persons as the board may determine to have a proper interest in the proceedings of the board. Such record book shall be kept at any office or other regular place of business maintained by the board in the county.

(f)

Compensation of board. Each supervisor shall be entitled to receive for his services an amount not to exceed $100.00 per month or an amount established by the electors at a referendum, provided that such referendum may only be held in connection with a general election. In addition, each supervisor shall receive travel and per diem expenses as set forth in F.S. § 112.061.

(g)

The board shall adhere to all the provisions of F.S. ch. 286, also known as the Florida Government in the Sunshine Law, and the board shall affirmatively and timely and orderly provide for reasonable public notice and disclosure of all the specific functions the board exercises in administering the statutory powers and purposes and duties to which the district is limited, said notice and disclosure to be for the benefit and information of all residents of the City of Naples and Collier County.

(h)

Advisory committee. Certain lands within the boundaries of the district have been designated in the plan approved by the Southwest Florida Regional Planning Council and other lands may in the future be designated for preservation, conservation and recreational purposes. A three-person advisory committee is hereby created to make recommendations to the board on the types of activities, construction, use, maintenance, etc., of the lands designated for preservation, conservation, and recreational purposes. All recommendations of the advisory committee shall be considered by the board who may, for good cause shown, reject or modify such recommendations in the exercise of its sound discretion. The advisory committee shall be appointed by and shall serve at the discretion of the board or as required by general law. Advisory committee members shall set the time and place of their meetings and shall receive no compensation, per diem or expenses.

(Laws of Fla. ch. 74-462, § 3; Laws of Fla. ch. 77-531, § 2; Laws of Fla. ch. 78-492, § 1; Laws of Fla. ch. 82-280, § 2)

Code reference—Boards, commissions, committees and authorities, § 2-816 et seq.

Sec. 262-369. - Succession.

It is the intent of the legislature that at such time as:

(1)

The utility improvement or development facilities works or systems authorized by the article have been constructed and established as being functional and productive; and

(2)

The county or any countywide district and the guarantor of any bonded indebtedness incurred pursuant to the provisions of this article, effect a mutual agreement; and

(3)

In any and all events, the legal and equitable rights, powers, and interests of each and every bondholder and any and all bond financing procedures authorized specifically by this article have been maintained inviolate and shall remain inviolate so long as they exist in law or equity and pursuant to terms and provisions of those certain bond sale agreements applicable thereto; and

(4)

The county commission of Collier County, in its sole discretion, and pursuant to applicable legal authority decides to either:

a.

Declare that the district to be merged into a regional or countywide district, upon the affirmative consent of the majority of the electors of the said regional or countywide district, or in the alternative, or

b.

To declare itself as the county commission to succeed to the powers, rights, duties, functions, and obligations of the district, the board of supervisors shall abide with such declaration by the county.

(Laws of Fla. ch. 74-462, § 4)

Sec. 262-370. - Powers.

The district shall have, and the board may exercise, any or all of the powers necessary or convenient to carry out and effectuate the purposes of this article, including the following powers:

(1)

To contract and be contracted with; to sue and be sued in the name of the district; to adopt and use a seal; to acquire by purchase, gift, devise, eminent domain (except as limited herein), or otherwise, property, real or personal, or any estate therein, within the district, to be used for any of the purposes of this article.

(2)

To adopt water management and control plans and to establish, construct, operate and maintain a system of lakes, main and lateral canals, drains, ditches, levees, dikes, dams, sluice, locks, revetments, reservoirs, holding basins, floodways, pumping stations, syphons, culverts, and storm sewers to provide water management and control systems for the lands within the district and to connect some or any of them with roads and bridges as in the judgment of the board is deemed advisable to provide access to such facilities.

(3)

To acquire and maintain appropriate sites for storage and maintenance of the equipment of the district; to acquire and maintain and construct a suitable building to house the office and records of the district.

(4)

To borrow money and issue bonds, certificates, warrants, notes, or other evidences of indebtedness, of the district as hereinafter provided; to levy such tax and special assessments as may be authorized; and to charge, collect, and enforce fees and other user charges.

(5)

To build and construct any other works and improvements deemed necessary to preserve and maintain the works in the district, to acquire, construct, operate, maintain, use, sell, convey, transfer or otherwise provide for machines, materials and equipment for any purpose authorized by this article; and to contract for the purchase, construction, operation, maintenance, use, sale, conveyance and transfer of the said machinery, materials and equipment.

(6)

To construct or enlarge, or cause to be constructed or enlarged any and all bridges or culverts that may be needed in the district, across any drain, ditch, canal, floodway, holding basin, excavation, public highway, tract, grade, fill or cut; to construct roadways over levees and embankments; to construct any and all of said works and improvements across, through, or over any public right-of-way, highway, grade, fill or cut in the district.

(7)

To hold, control and acquire by donation, purchase or condemnation, any easement, reservation, or dedication in the district, for any of the purposes herein provided. To condemn lands within the district as provided by F.S. chs. 73 and 74, or acquire, by purchase or grant for the use in the district any land or property within the district necessary for the purposes of this article.

(8)

To assess and impose upon lands in the district ad valorem taxes, benefits taxes and maintenance taxes as hereinafter provided.

(9)

To impose and foreclose special assessments liens as hereinafter provided.

(10)

To prohibit, regulate and restrict by appropriate resolution all structures, materials, things, whether solid, liquid, or gas, whether permanent or temporary in nature, which come upon, come into, connect to or be a part of any facility owned or operated by the district, limited to water, sewer or surface water management.

(11)

To administer and provide for the enforcement of all of the provisions herein, including the making, adopting, promulgating, amending and repealing of all rules and regulations necessary or convenient for the carrying out of the duties, obligations and powers conferred on the district created hereby.

(12)

To cooperate with or contract with other special tax districts or other governmental agencies as may be necessary convenient, incidental or proper in connection with any of the powers, duties or purposes of the district as stated in this article.

(13)

To employ engineers, attorneys, agents, employees, and representatives as the board of supervisors may from time to time determine necessary and to fix their compensation and duties. The board shall also have the power to apply for coverage of its employees under the state retirement system in the same manner as if such employees were state employees, subject to necessary action by the district to pay employer contributions into the state retirement fund.

(14)

To exercise all of the powers necessary, convenient, incidental or proper in connection with any of the powers, duties or purposes of said district as stated in this article.

(15)

To construct, improve and maintain roadways and roads necessary and convenient to provide access to water, sewer and surface water management facilities.

(16)

To make use of any public easements, dedications to public use, platted reservations for public purposes, within the boundaries of the district.

(17)

To lease as lessor or lessee to or from any person, firm, corporation, association or body, public or private, any projects of the type that the district is authorized to undertake and facilities or property of any nature for the use of the district to carry out any of the purposes of this article.

(18)

To regulate the supply and level of water within the district; to divert waters from one area, lake, pond, river or stream, basin and water control facility to another; to regulate control and restrict the development and use of natural or artificial streams or bodies of water, lakes or ponds; and to take all measure determined by the board to be necessary or desirable to prevent or alleviate land erosion. The powers granted to the district by this subsection shall be concurrent within the boundaries of the district with other public bodies, agencies, or authorities as may be authorized by law. The district shall be eligible to receive monies, disbursements and assistance from the state or federal government available for any of the projects authorized by this article.

(19)

To own, acquire, construct, reconstruct, equip, operate, maintain, extend and improve water systems and sewer systems or combined water and sewer systems; to regulate the use of sewers and the supply of water within the district and to prohibit or regulate the use and maintenance of outhouses, privies, septic tanks or other sanitary structures or appliances within the district; to prescribe methods of pretreatment of wastes not amenable to treatment with domestic sewage before accepting such wastes for treatment and to refuse to accept such wastes when not sufficiently pretreated as may be prescribed, and to prescribe penalties for the refusal of any person or corporation to so pretreat such wastes; to sell or otherwise dispose of the effluent, sludge or other by-products as a result of sewage treatment; and to construct and operate connecting, intercepting or outlet sewers and sewer mains and pipes and water mains, conduits or pipelines in, along or under any street, alleys, highways, or other public places or ways within the district, when deemed necessary or desirable by the board. The plans for any water or sewer system shall be subject to the approval of state agencies when required by law.

(20)

To issue general obligation bonds, revenue bonds, assessment bonds or any other bonds or obligations authorized by the provisions of this article or any other law, or any combination of the foregoing, to pay all or part of the cost of the acquisition, construction, reconstruction, extension, repair, improvement, maintenance or operation of any project or combination of projects, to provide for any facility, service or other activity of the district and to provide for the retirement or refunding of any bonds or obligations of the district, or for any combination of the foregoing purposes.

Bonds may be authorized by resolution of the board of supervisors at any regular or special meeting and such resolution may provide that the bonds be issued at one time or in blocks from time to time as provided in such resolution.

(21)

To own, acquire, construct, reconstruct, equip, operate, maintain, extend, improve and provide access to parks, playgrounds, picnic grounds, camping facilities, docks, boating and fishing facilities, bathing beaches and other water recreation facilities.

(22)

To build, install, maintain and operate streetlights.

(23)

To own, acquire, construct, reconstruct, equip, operate, maintain, extend and improve parking facilities, to install or cause to be installed parking meters on or near the curbs of streets, roads and other public ways within the district, and to adopt such regulations and impose such charges in connection with any parking facilities and parking meters as the board of supervisors may deem necessary or desirable. Any construction on county right-of-way is subject to approval of the board of county commissioners.

(24)

To preserve, conserve and maintain the designated property for the purposes set forth in subsection 262-369(h) hereof to charge user fees and to take any action necessary, including the filing of lawsuits, to achieve the purposes of this article.

(25)

The provisions of this article shall be strictly construed. None of the powers granted in this act shall usurp any permitting requirements of the county, state or federal governments in any area but particularly in the areas of the environment of the coastal area of Collier County.

(26)

For the limited purpose of the acquisition and supplying of water to and sewer service for the district, to acquire by purchase, gift, devise, lease or by means other than eminent domain, property, real or personal, or any estate therein, equipment, franchises, easements, public or private, and facilities outside of the boundaries of the district; to construct, operate and maintain wells, pumping stations, pipelines, sewers, sewer mains, conduits and any other facilities outside of the boundaries of the district necessary to acquire and supply water to and sewer services for the district for use therein; to acquire and utilize public and private easements outside of the boundaries of the district; and to take any other action outside the district reasonably necessary to the acquisition and supplying of water to and sewer service for the district.

(27)

To borrow money, issue bonds, certificates, warrants, notes, or other indebtedness of the district, and expend funds for the acquisition, financing, construction, operation, and maintenance of the property, real or personal, or any estate therein, equipment, franchises, easements, public or private, wells, pumping stations, pipelines, sewers, sewer mains, conduits and other facilities set forth in subsection (26) hereof outside of the boundaries of the district reasonably necessary for the acquisition and supply of water to and sewer service for the district.

(28)

To plan, establish, acquire, construct or reconstruct, enlarge or extend, equip, operate, and maintain systems and facilities for the following:

a.

District roads equal to or exceeding the specifications required by local government having jurisdiction.

b.

Security and school buildings and related structures for use in the security and educational system when authorized by proper governmental agencies, which may be leased, sold, or donated to the appropriate authority. Any school building or related structure for use in the educational system shall have prior approval of the Collier County school board.

c.

Control and elimination of mosquitoes and other arthropods of public health importance.

(Laws of Fla. ch. 74-462, § 5; Laws of Fla. ch. 77-531, § 3; Laws of Fla. ch. 78-492, § 1; Laws of Fla. ch. 82-280, § 1)

Sec. 262-371. - Treasurer; depositories; fiscal agent.

(a)

The board shall designate a person who is a resident of Florida and duly qualified elector of Collier County as treasurer of the district, who shall have charge of the funds of the district. Such funds shall be disbursed only upon the order of or pursuant to the resolution of the board by warrant or check signed by the treasurer, or by such other person as may be authorized by the board. The board may give the treasurer such other or additional powers and duties as the board may deem appropriate, and fix his compensation. The board may require the treasurer to give a bond in such amount, on such terms and with such sureties as may be deemed satisfactory to the board to secure the performance by the treasurer of his powers and duties. The financial records of the board shall be audited at least once a year.

(b)

The board is authorized to select for depositories for funds of the board any banking corporation or trust company within or without the State of Florida, upon such terms and conditions as to the payment of interest by such depository upon the funds so deposited as the board may deem just and reasonable.

(c)

The board may employ a fiscal agent to perform such duties and services at such rate of compensation as the board may determine.

(Laws of Fla. ch. 74-462, § 6)

Sec. 262-372. - Seal.

The official seal of the district shall bear the legend Pelican Bay Improvement District, Collier County, Florida, Seal, Established 1974.

(Laws of Fla. ch. 74-462, § 7)

Sec. 262-373. - Annual budget.

Prior to August 15 of each year, after this article is effective, the district manager of the district shall prepare a proposed budget to be submitted to the board for their approval. The proposed budget shall include an estimate of all necessary expenditures of the district for the ensuing fiscal year and an estimate of income to the district from the taxes and assessments provided in this act. The board shall consider the proposed budget item by item and may either approve the budget as proposed by the district manager or modify the same in part or in whole. The board shall indicate their approval of the budget by resolution, which resolution shall provide for a hearing on the budget as approved. Notice of the hearing on the budget shall be published in a newspaper in general circulation within the district in Collier County, Florida, once a week for two consecutive weeks; providing that the first publication shall not be less than 15 days prior to the date of the hearing. The notice shall further contain a designation of the date, time and place of the public hearing. At the time and place designated in the notice, the board shall hear all objections to the budget as proposed, and make such changes as the board deems necessary. At the conclusion of the budget hearing the board shall, by resolution, adopt the budget as finally approved by the board.

(Laws of Fla. ch. 74-462, § 8)

Sec. 262-374. - Water management and control plans; proceedings thereof.

The board may proceed to adopt water management and control plans as follows:

(1)

The board shall cause to be made by the chief engineer or such other engineer or engineers as the board may employ for that purpose, complete and comprehensive water management and control plans for the lands located within the district that will be improved in any part or in whole by any system of facilities that may be outlined and adopted, and shall make a report in writing to the board with maps and profiles of said surveys, and an estimate of the cost of carrying out and completing the plans.

(2)

Upon the completion of such plan, the board shall hold a hearing thereon to hear objections thereto and shall give notice of the time and place fixed for such hearing by publication once each week for two consecutive weeks in a newspaper published in Collier County of general circulation in the district, and shall permit the inspection of said plan at the office of the district by all persons interested. All objections to said plan shall be filed at or before the time fixed in said notice for the hearing and shall be in writing.

(3)

After said hearing the board shall consider the proposed plan and any objections thereto, and may modify, reject or adopt the plan, or may continue the hearing to a day certain for further consideration of the proposed plan or modifications thereof.

(4)

When the board shall approve a plan a resolution shall be adopted and a certified copy thereof shall be filed in the office of the secretary and by him incorporated into the records of the district.

(5)

The water management and control plan may be altered in detail from time to time until the appraisal record herein provided is filed, but not in such manner as materially to effect the conditions of its adoption. After the appraisal record has been filed no alterations of the plan shall be made, except as provided by this act.

(6)

Within 20 days after the final adoption of the plan by the board, the secretary of the district shall prepare and transmit a certified copy thereof to the clerk of the circuit court and at the same time the board shall file with said clerk a petition that the said court appoint three commissioners to appraise the lands to be acquired for right-of- way, holding basins, and other water management and control works of the district and to assess benefits and damages accruing to all lands within the district by reason of the execution of the plan. Immediately after the filing of such petition the judge of said court in whose division the petition shall have been assigned shall by an order appoint three commissioners, who shall reside within Florida, and who shall not be landowners in said district, nor of kin within the fourth degree of consanguinity to any person owning land in said district. A majority of said commissioners shall constitute a quorum and shall control the action of the commissioners on all questions.

(7)

Immediately upon the filing of said order of appointment, the secretary of the district shall notify each of said commissioners of his appointment, and in the said notice shall state the time and place for the first meeting of said commissioners. The secretary of the district, or his deputy, shall attend such meeting and shall furnish to said commissioners a complete list of lands embraced in the district, or adjacent thereto, that will be affected by the execution of the plan. The secretary shall also furnish to the commissioners a copy of the plan and such other papers, documents and information as the commissioners require. The commissioners at the meeting shall each take and subscribe to an oath that he will faithfully and impartially discharge his duties as such commissioner and make a true report of the work performed by such commissioners, and shall elect one of their number chairman. The secretary of the district, or his deputy, shall be ex officio secretary to the commissioners, and the attorney for the district, and other agents and employees thereof shall cooperate with the commissioners and furnish to them such advice, assistance and cooperation as they shall require.

(8)

Immediately after qualifying as provided in the previous paragraph, the commissioners shall commence the performance of their duties; the chief engineer, or one of his assistants, shall accompany said commissioners when engaged in the discharge of their duties and shall render his opinion in writing when called for. Said commissioner shall proceed to view the premises and determine the value of the lands within or without the district to be acquired and used for rights-of-way, holding basins, and other works described in the plan; they shall appraise all benefits and damages which will accrue to all lands by reason of the execution of the plan. The commissioners in appraising benefits to lands, public highway, railroad and other rights-of-way shall not consider what benefits will be derived by such property after other ditches, improvements, or other plans shall have been constructed, but they shall appraise only such benefits as will be derived from the construction of the works and improvements described in the plan. The commissioners shall give due consideration and credit to any other works which have already been constructed and which afford partial or complete protection to any tract or parcel of land within the district. The public highways, railroads and other rights- of-way shall be appraised according to the increased physical efficiency and decreased maintenance cost of roadways by reason of the improvements. The commissioners shall have no power to change the plan. The commissioners shall prepare a report of their findings, which shall be arranged in tabular form, the columns of which shall be headed as follows: Column 1, Owner of Property Appraised; Column 2, Description of Property Appraised; Column 3, Number of Acres Appraised; Column 4, Amount of Benefits Appraised; Column 5, Amount of Damages Appraised; Column 6, Number of Acres to be Taken for Rights of Way, Holding Basins, etc.; Column 7, Value of Property to be Taken. They shall also by and with the advice of the chief engineer, estimate the cost of the works described in the plan, which estimate shall include the cost of property required for rights-of-way, holding basins, and other works, the probable expense of organization and administration as estimated by the board of supervisors, and all of the expenses of the district during the period of executing of the plan. Before appraisals of compensation and damages are made, the board may report to the commissioners the parcels of land it may wish to purchase for which it may wish appraisals to be made, both for easement and for purchase in fee simple, and the board may specify the particular purpose and the extent to which, an easement in any property is desired, describing definitely such purpose and extent. Wherever so instructed to do by the board, the commissioners shall appraise lands which it may be necessary or desirable for the district to own and when so requested by the board they shall also appraise both the total value of the land and also the damages due to any easement required for the purposes of the district.

The report of the commissioners shall be signed by at least a majority of the commissioners and filed in the office of the clerk of the circuit court of Collier County, Florida. Each commissioner shall be paid $100.00 per day for his services and necessary expenses in addition thereto.

(9)

Upon the filing of the report of the commissioners, the clerk shall give notice thereof by causing publication to be made once a week for two consecutive weeks in a newspaper published in Collier County, and of general circulation in the district. It shall not be necessary for the clerk to name the parties interested, nor to describe separate lots or tracts of land giving said notice, but it shall be sufficient to publish the said notice in the following form:

"NOTICE OF FILING COMMISSIONERS' REPORT FOR PELICAN BAY IMPROVEMENT DISTRICT.

Notice is hereby given that the Commissioners heretofore appointed to appraise benefits and damages to property and lands located within Pelican Bay Improvement District in Collier County, the State of Florida and to appraise the cash value of the land necessary to be taken for rights of way, holding basins and other works of said district did file their report in the office of the undersigned clerk of the circuit court, upon the ____________ day of ____________/____________/____________, 19____________, and you, and each of you, are hereby notified that you may examine said report and file exceptions to same on or before the ____________ day of ____________/____________/____________, 19____________ (which date shall not be less than 28 daysnor more than 30 days from the first date of publication).

The state department of natural resources, Collier County commission, the district, or any owner of land or other property to be affected by said report, may file exception to any part, or all, of the report of said commissioners within the time specified in the notice prescribed in the preceding paragraph. All exceptions shall be heard and determined by the court. If no exceptions are filed, or if it is shown, upon the hearing of all of said exceptions, that the estimated cost of construction of improvements contemplated in the plan is less than the benefits assessed against the lands in said district, the court shall approve and confirm said commissioners' report; but, if the court upon hearing the objections filed, finds that any or all such objections should be sustained, it shall order the report changed to conform with such findings, and when so changed the court shall approve and confirm such report and enter its decree accordingly. The court shall adjudge and apportion the costs incurred by the exceptions filed, and shall condemn any land or other property, that is shown by the report of the commissioners to be needed for rights-of-way, holding basins or other works, following the procedure provided in F.S. chs. 73 and 74; provided, however, that any property owner may accept the assessment of damages in his favor made by the commissioners, or acquiesce in their failure to assess damages in his favor, and shall be construed to have done so, unless he gives the supervisors of the district, on or before the time shall have expired for filing exceptions, as provided in this act, notice in writing that he demands an assessment of his damages by a jury; in which event the supervisors of the district shall institute in a court of competent jurisdiction, an action to condemn the lands and other property that be taken or damaged in the making of such improvements, with the right and privilege of paying into court a sum to be fixed by the circuit court or judge, and proceeding with the work, before the assessment by the jury; provided, any person or party interested may prosecute and appeal pursuant to general law in the manner and within the time provided by the Florida appellate rules.

The clerk of the circuit court of Collier County, shall transmit a certified copy of the court decree and copy of the commissioner's report, as confirmed or amended by the court, to the secretary of the board, and such clerk shall receive a fee of $5.00 for receiving, filing and preserving same as a permanent record.

(10)

The district shall be in compliance with F.S. ch. 373 and all general and special laws pertaining to water management. All of the plans and design specifications for water management shall be subject to final approval of the Collier County commission.

(Laws of Fla. ch. 74-462, § 9)

Sec. 262-375. - Adoption, revision and revocation of water management and control plan.

The board may at any time and from time to time adopt, revoke or modify in whole or in part, subject to the provisions of subsection 262-374(10), any plan providing for the water control and management for lands within the district, and may provide for such new and additional facilities, canals, ditches, levees and other works as the board may determine. In connection with the revision of any plan or the providing of any new or additional facilities, canals, ditches, levees or other works, or in the event the total taxes and assessments theretofore levied or the funds derived from the sale of bonds are insufficient to pay the cost of any works, benefits may be reassessed, additional assessments made and taxes levied in accordance with the procedures provided in this act. The board may at any time approve and make effective technical changes or modifications in any plan not affecting assessed benefits, levy of taxes or the security of bondholders.

(Laws of Fla. ch. 74-462, § 10)

Sec. 262-376. - Assessing land for benefits; apportionment of tax; lands belonging to the state assessed; tax record.

After the lists of lands, with the assessed benefits and the decree and judgment of the court, have been filed in the office of the clerk of the circuit court as provided in subsection 262-374(8), then the board shall, without any unnecessary delay, levy a tax of such portion of said benefits, on all lands in the district to which benefits have been assessed, as may be found necessary by the board of supervisors to pay the costs of the completion of the proposed works and improvements, as shown in said water management and control plan and in carrying out the objects of said district; and in addition thereto, ten percent of said total amount for emergencies. The said tax shall be apportioned to and levied on, each tract of land in said district in proportion to the benefits assessed, and not in excess thereof; and in case bonds are issued, as provided in this chapter, a tax shall be levied in a sum equal to the principal of said bonds. The amount of bonds to be issued for paying the cost of the works as set forth in the plan shall be ascertained and determined by the board. The amount of the interest (as estimated by said board), which will accrue on such bonds, shall be included and added to the said tax, but the interest to accrue on account of the issuing of said bonds shall not be construed as a part of the costs of construction. The secretary of the board of supervisors, as soon as said total tax is levied, shall, at the expense of the district, prepare a list of all taxes levied, in the form of a well bound book which book shall be endorsed and named "Benefit Tax Record of Pelican Bay Improvement District, Collier County, Florida," which endorsement shall be printed or written at the top of each page of said book, and shall be signed and certified by the president and secretary of the board, attested by the seal of the district, and the same shall thereafter become a permanent record in the office of said secretary.

(Laws of Fla. ch. 74-462, § 11)

Sec. 262-377. - Issuance of bond anticipation notes.

In addition to the other powers provided for in this article and not in limitation thereof, the district shall have the power, at any time and from time to time after the issuance of any bonds of the district shall have been authorized to borrow money for the purposes for which such bonds are to be issued in anticipation of the receipt of the proceeds of the sale of such bonds and to issue bond anticipation notes in a principal sum not in excess of the authorized maximum amount of such bond issue. Such notes shall be in such denomination or denominations, bear interest at such rate as the board may determine not to exceed ten percent per annum, mature at such time or times not later than five years from the date of issuance, and be in such form and executed in such manner as the board shall prescribe. Such notes may be sold at either public or private sale, or if such notes shall be renewal notes, may be exchanged for notes then outstanding on such terms as the board shall determine. Such notes shall be paid from the proceeds of such bonds when issued. The board may in its discretion, in lieu of retiring the notes by means of bonds, retire them by means of current revenues or from any taxes or assessments levied for the payment of such bonds, but in such event a like amount of the bonds authorized shall not be issued.

(Laws of Fla. ch. 74-462, § 12)

State law reference— Maximum rate of interest on government bonds, F.S. §§ 215.84, 215.845.

Sec. 262-378. - Short-term borrowing.

The district at any time may obtain loans, in such amount and on such terms and conditions as the board may approve, for the purpose of paying any of the expenses of the district or any costs incurred or that may be incurred in connection with any of the projects of the district, which loans shall have a term not exceeding two years from the date of issuance thereof, and may be renewable for a like term or terms, shall bear such interest as the board may determine, not to exceed ten percent per annum, and may be payable from and secured by a pledge of such funds, revenues, taxes and assessments as the board may determine, subject however, to the provisions contained in any proceeding under which bonds were theretofore issued and are then outstanding. For the purpose of defraying such costs and expenses, the district may issue negotiable notes, warrants or other evidences of debt payable at such times, to bear such interest as the board may determine not to exceed ten percent per annum, and to be sold or discounted at such price or prices not less than 95 percent of par value and on such terms as the board may deem advisable. The board shall have the right to provide for the payment thereof by pledging the whole or any part of the funds, revenues, taxes and assessments of the district. The approval of the qualified electors residing in the district shall not be necessary except where required by the Florida constitution.

(Laws of Fla. ch. 74-462, § 13)

State law reference— Maximum rate of interest on government bonds, F.S. §§ 215.84, 215.845.

Sec. 262-379. - Trust agreements.

In the discretion of the board, any issue of bonds may be secured by a trust agreement by and between the district and a corporate trustee or trustees, which may be any trust company or bank having the powers of a trust company within or without the state. The resolution authorizing the issuance of the bonds or such trust agreement may pledge the revenues to be received from any projects of the district and may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as the board may approve, including without limitation covenants setting forth the duties of the district in relation to the acquisition, construction, reconstructions, improvements, maintenance, repair, operation and insurance of any projects, and fixing and revising of the rates, fees, and charges, and the custody, safeguarding and application of all moneys, and for the employment of consulting engineers in connection with such acquisition, construction, reconstruction, improvement, maintenance, repair or operation. It shall be lawful for any bank or trust company within or without the state which may act as a depository of the proceeds of bonds or of revenues to furnish such indemnifying bonds or to pledge such securities as may be required by the district. Such resolution or trust agreement may set forth the rights and remedies of the bondholders and of the trustees, if any, and may restrict the individual right of action by bondholders. The board may provide for the payment of the proceeds of the sale of the bonds and the revenues of any project to such officer, board or depository as it may designate for the custody thereof, and for the method of disbursement thereof with such safeguards and restrictions as it may determine. All expenses incurred in carrying out the provisions of such resolution or trust agreement may be treated as part of the cost of operation of the project to which such trust agreement pertains.

(Laws of Fla. ch. 74-462, § 14)

Sec. 262-380. - Sale of bonds.

Bonds may be sold in blocks or installments at different times, or an entire issue or series may be sold at one time. Bonds may be sold at public or private sale after such advertisement, if any, as the board may deem advisable but not in any event at less than 90 percent of the par value thereof, together with accrued interest thereon. Bonds may be sold or exchanged for refunding bonds. Special assessment and revenue bonds may be delivered as payment by the district of the purchase price of any project or part thereof, or a combination of projects or parts thereof, or as the purchase price or exchanged for any property, real, personal or mixed, including franchises, or services rendered by any contractor, engineer or other person, all at one time or in blocks from time to time, in such manner and upon such terms as the board in its discretion shall determine. The price or prices for any bonds sold, exchanged or delivered may be:

(1)

The money paid for the bonds;

(2)

The principal amount, plus accrued interest to the date of redemption or exchange, or outstanding obligations exchanged for refunding bonds;

(3)

In the case of special assessment or revenue bonds, the amount of any indebtedness to contractors or other persons paid with such bonds, or the fair value of any properties exchanged for the bonds, as determined by the board.

(Laws of Fla. ch. 74-462, § 15)

Sec. 262-381. - Authorization and form of bonds.

Any general obligation bonds, benefit bonds, or revenue bonds may be authorized by resolution or resolutions of the board which shall be adopted by a majority of all the members thereof then in office. Such resolution or resolutions may be adopted at the same meeting at which they are introduced, and need not be published or posted. The board may by resolution authorize the issuance of bonds, fix the aggregate amount of bonds to be issued, the purpose or purposes for which the moneys derived therefrom shall be expended, the rate or rates of interest, not to exceed ten percent per annum, the denomination of the bonds, whether or not the bonds are to be issued in one or more series, the date or dates of maturity, which shall not exceed 40 years from their respective dates of issuance, the medium of payment, the place or places within or without the state where payment shall be made, registration privileges, redemption terms and privileges (whether with or without premium), the manner of execution, the form of the bonds including any interest coupons to be attached thereto, the manner of execution of bonds and coupons, and any and all other terms, covenants and conditions thereof, and the establishment of revenue or other funds. Such authorizing resolution may further provide that such bonds may be executed manually or by engraved, lithographed or facsimile signature, provided that where signatures are engraved, lithographed or facsimile no bond shall be valid unless countersigned by an officer designated by appropriate resolution of the board. The seal of the district may be affixed, lithographed, engraved or otherwise reproduced in facsimile on such bonds. In case any officer whose signature shall appear on any bonds or coupons shall cease to be such officer before the delivery of such bonds, such signature or facsimile shall nevertheless be valid and sufficient for all purposes the same as if he had remained in office until such delivery.

(Laws of Fla. ch. 74-462, § 16)

State law reference— Maximum rate of interest on government bonds, F.S. §§ 215.84, 215.845.

Sec. 262-382. - Interim certificates; replacement certificates.

Pending the preparation of definitive bonds, the board may issue interim certificates or receipts or temporary bonds, in such form and with such provisions as the board may determine, exchangeable for definitive bonds when such bonds shall have been executed and are available for delivery. The board may also provide for the replacement of any bonds which shall become mutilated or be lost or destroyed.

(Laws of Fla. ch. 74-462, § 17)

Sec. 262-383. - Negotiability of bonds.

Any bond issued under this article or temporary bond shall, in the absence of an express recital on the face thereof that it is nonnegotiable, be fully negotiable and shall be and constitute negotiable instruments within the meaning and for all purposes of the law merchant and the laws of Florida.

(Laws of Fla. ch. 74-462, § 18)

Sec. 262-384. - Defeasance.

The board may make such provision with respect to the defeasance of the right, title and interest of the holders of any of the bonds and obligations of the district in any revenues, funds or other properties by which such bonds are secured as the board deems appropriate and, without limitation on the foregoing, may provide that when such bonds or obligations become due and payable or shall have been called for redemption, and the whole amount of the principal and interest and premium, if any, due and payable upon the bonds or obligations then outstanding shall be held in trust for such purpose, and provision shall also be made for paying all other sums payable in connection with such bonds or other obligations, then and in such event the right, title and interest of the holders of the bonds in any revenues, funds or other properties by which such bonds are secured shall thereupon cease, determine and become void, and the board may apply any surplus in any sinking fund established in connection with such bonds or obligations and all balances remaining in all other funds or accounts other than money held for the redemption or payment of the bonds or other obligations to any lawful purpose of the district as the board shall determine.

(Laws of Fla. ch. 74-462, § 19)

Sec. 262-385. - Issuance of additional bonds.

If the proceeds of any bonds shall be less than the cost of completing the project in connection with which such bonds are issued, the board may authorize the issuance of additional bonds, upon such terms and conditions as the board may provide in the resolution authorizing the issuance thereof, but only in compliance with the resolution or other proceedings authorizing the issuance of the original bonds.

(Laws of Fla. ch. 74-462, § 20)

Sec. 262-386. - Refunding bonds.

The district shall have the power to issue bonds to provide for the retirement or refunding of any bonds or obligations of the district that at the time of such issuance are or subsequently thereto become due and payable, or that at the time of issuance have been called or are or will be subject to call for redemption within ten years thereafter, or the surrender of which can be procured from the holders thereof at prices satisfactory to the board. Refunding bonds may be issued at any time when in the judgment of the board such issuance will be advantageous to the district. No approval of the qualified electors residing in the district shall be required for the issuance of refunding bonds except in cases where such approval is required by the state constitution. The board may by resolution confer upon the holders of such refunding bonds all rights, powers and remedies to which the holders would be entitled if they continued to be the owners and had possession of the bonds for the refinancing of which said refunding bonds are issued, including but not limited to the preservation of the lien of such bonds on the revenues of any project or on pledged funds, without extinguishment, impairment or diminution thereof. The provisions of this article pertaining to bonds of the district shall, unless the context otherwise requires, govern the issuance of refunding bonds, the form and other details thereof, the rights of the holders thereof, and the duties of the board with respect to the same.

(Laws of Fla. ch. 74-462, § 21)

Sec. 262-387. - Revenue bonds.

(a)

The district shall have the power to issue revenue bonds from time to time without limitation as to amount. Such revenue bonds may be secured by or payable from the gross or net pledge of the revenues to be derived from any project or combination of projects, from the rates, fees, or other charges to be collected from the users of any project or projects, from any revenue-producing undertaking or activity of the district, or from any other source or pledged security. Such bonds shall not constitute an indebtedness of the district, and the approval of the qualified electors shall not be required unless such bonds are additionally secured by the full faith and credit and taxing power of the district.

(b)

Any two or more projects may be combined and consolidated into a single project, and may hereafter be operated and maintained as a single project. The revenue bonds authorized herein may be issued to finance any one or more such projects, regardless whether or not such projects have been combined and consolidated into a single project. If the board deems it advisable, the proceedings authorizing such revenue bonds may provide that the district may thereafter combine the projects then being financed or theretofore financed with other projects to be subsequently financed by the district, and that revenue bonds to be thereafter issued by the district shall be on parity with the revenue bonds then being issued, all on such terms, conditions and limitations as shall have been provided, in the proceeding which authorized the original bonds.

(Laws of Fla. ch. 74-462, § 22)

Sec. 262-388. - General obligation bonds.

(a)

The district shall have the power from time to time to issue general obligation bonds in an aggregate principal amount of bonds outstanding at any one time not in excess of 35 percent of the assessed value of the taxable property within the district as shown on the pertinent tax records at the time of the authorization of the general obligation bonds for which the full faith and credit of the district is pledged. Except for refunding bonds, no general obligation bonds shall be issued unless the issuance thereof shall have been approved at an election held in accordance with the requirements for such election as prescribed by the constitution of Florida. Such elections shall be called to be held in the district by the board of county commissioners of the county upon the request of the board of the district. The expenses of calling and holding an election shall be at the expense of the district and the district shall reimburse the county for any expenses incurred in calling or holding such elections. In the alternative, at the option of the board, the board may make such other provisions for the registration of such qualified electors and the calling and holding of such elections as the board may from time to time deem appropriate.

(b)

The district may pledge its full faith and credit for the payment of the principal and interest on such general obligation bonds, and for any reserve funds provided therefore, and may unconditionally and irrevocably pledge itself to levy ad valorem taxes on all taxable property in the district, to the extent necessary for the payment thereof, without limitations as to rate or amount.

(c)

If the board shall determine to issue general obligation bonds for more than one different purpose, the approval of the issuance of the bonds for each and all such purposes may be submitted to the electors on one and the same ballot. The failure of the electors to approve the issuance of bonds for any one or more purposes shall not defeat the approval of bonds for any purpose which shall be approved by the electors.

(d)

In arriving at the amount of general obligation bonds outstanding and authorized to be issued under this act and outstanding at any one time, there shall be deducted therefrom water revenues, sewer revenues, special assessments or any combination thereof where the full faith and credit of the district is pledged for the payment of such general obligation bonds; and such water revenues, sewer revenues, special assessments or any combination thereof shall not be included in any computation of the amount of such general obligation bonds to be issued even though the full faith and credit of the district has been pledged for the payment of such general obligation bonds, to the full extent the board of supervisors makes a determination prior to the issuance thereof that the water revenues, sewer revenues, special assessments or any combination thereof will be sufficient to pay all or any part of the principal of and interest on such general obligation bonds. Such determination of the board of supervisors shall be final and conclusive, unless an appeal therefrom is made to a court of competent jurisdiction within 20 days after the final passage of the resolution authorizing the issuance of said general obligation bonds.

(Laws of Fla. ch. 74-462, § 23)

Sec. 262-389. - Bonds as legal investment or security.

Notwithstanding any provisions of any other law to the contrary, all bonds issued under the provisions of this act shall constitute legal investments for savings banks, banks, trust companies, insurance companies, executors, administrators, trustees, guardians and other fiduciaries, and for any board, body, agency, instrumentality, county, municipality or other political subdivision of the state, and shall be and constitute securities which may be deposited by banks or trust companies as security for deposits of state, county, municipal or other public funds, or by insurance companies as required or voluntary statutory deposits.

(Laws of Fla. ch. 74-462, § 24)

Sec. 262-390. - Covenants.

Any resolution authorizing the issuance of bonds may contain such covenants as the board may deem advisable and all such covenants shall constitute valid and legally binding and enforceable contracts between the district and the bondholders, regardless of the time of issuance thereof. Such covenants may include, without limitation, covenants concerning the disposition of the bond proceeds, the use and disposition of project revenues, the pledging of revenues, taxes and assessments, the obligations of the district with respect to the operation of the project and the maintenance of adequate project revenues, the issuance of additional bonds, the appointment, powers and duties of trustees and receivers, the acquisition of outstanding bonds and obligations, restrictions on the establishing of competing projects or facilities, restrictions on the sale or disposal of the assets and property of the district, the priority of assessment liens, the priority of claims by bondholders on the taxing power of the district, the maintenance of deposits to assure the payment of revenues by users of district facilities and services, the discontinuance of district services by reason of delinquent payments, acceleration upon default, the execution of necessary instruments, the procedure for amending or abrogating covenants with the bondholders, and such other covenants as may be deemed necessary or desirable for the security of the bondholders.

(Laws of Fla. ch. 74-462, § 25)

Sec. 262-391. - Validity of bonds; validation proceedings.

(a)

Any bonds issued by the district shall be incontestable in the hands of bona fide purchasers or holders for value and shall not be invalid because of any irregularity or defects in the proceedings for the issue and sale thereof. Prior to the issuance of any bonds, the district may, but is not required to publish a notice at least once in a newspaper or newspapers published or of general circulation in the county and within the district stating the date of adoption of the resolution authorizing such obligations the amount, the maximum rate of interest and maturity of such obligations, and the purpose in general terms for which such obligations are to be issued, and further stating that any action or proceeding questioning the validity of such obligations or of the proceedings authorizing the issuance thereof, or of any of the covenants made therein, must be instituted within 20 days after the first publication of such notice, or the validity of such obligations, proceedings and covenants shall not be thereafter questioned in any court whatsoever. If no such action or proceeding is so instituted within such 20 day period then the validity of such obligations, proceedings and covenants shall be conclusive, and all persons or parties whatsoever shall be forever barred from questioning the validity of such obligations, proceedings or covenants in any court whatsoever.

(b)

The power of the district to issue bonds under the provisions of this article may be determined and any of the bonds of the district, maturing over a period more than five years, shall be validated and confirmed by court decree, under the provisions of F.S. ch. 75, and laws amendatory thereof or supplementary thereto.

(Laws of Fla. ch. 74-462, § 26)

Sec. 262-392. - Within act furnishes full authority for issuance of bonds.

This act constitutes full and complete authority for the issuance of bonds and the exercise of the powers of the district provided herein. No procedures or proceedings, publications, notices, consents, approvals, orders, acts or things by the board, or any board, officers, commission, department, agency or instrumentality of the district, other than those required by this act, shall be required to issue any bonds or to do any act or perform anything under this article, and the issuance or sale of bonds pursuant to the provisions of this act need not comply with the requirements of any other law applicable to the issuance or sale of bonds, except as otherwise provided in this article, and shall not require the consent or approval of any other board, officers, commission, department, agency or instrumentality of the State of Florida or any political subdivision thereof. Except as otherwise provided herein, no proceedings or procedures of any character whatever shall be necessary or required for the issuance of bonds other than the adoption of an appropriate resolution by the board as provided in this article on the district with respect to the issuance and sale of bonds shall be in addition and supplemental to the powers conferred by any other law.

(Laws of Fla. ch. 74-462, § 27)

Sec. 262-393. - Pledge by state to bondholders of district.

The State of Florida pledges to the holders of any bonds issued under this act that it will not limit or alter the rights of the district to own, acquire, construct, reconstruct, improve, maintain, operate or furnish the projects or to levy and collect the taxes, assessments, rentals, rates, fees, and other charges provided for herein and to fulfill the terms of any agreement made with the holders of such bonds or other obligations, that it will not in any way impair the rights or remedies of such holders.

(Laws of Fla. ch. 74-462, § 28)

Sec. 262-394. - Ad valorem taxes.

The board shall have the power to levy and assess an ad valorem tax on all the taxable property in the district to construct, operate, and maintain assessable improvements; to pay the principal of and interest on any general obligation bonds of the district; and to provide for any sinking or other funds established in connection with any such bonds. The ad valorem tax provided for herein shall be in addition to county and all other ad valorem taxes provided for by law. Such tax shall be assessed, levied, and collected in the same manner and same time as county taxes. The levy of ad valorem taxes shall be approved by referendum when required by the state constitution.

(Laws of Fla. ch. 74-462, § 29; Laws of Fla. ch. 82-280, § 4)

Sec. 262-395. - Ad valorem taxes.

The board shall have the power to levy and assess an ad valorem tax on all the taxable property in the district to pay the principal of and interest on any general obligation bonds of the district, to provide for any sinking or other funds established in connection with any such bonds. The ad valorem tax provided for herein shall be in addition to county and all other ad valorem taxes provided for by law. Such tax shall be assessed, levied and collected in the same manner and same time as county taxes.

(Laws of Fla. ch. 74-462, § 29)

Sec. 262-396. - Benefit taxes.

The board shall annually determine, order and levy the annual installment of the total taxes for bonds issued to finance water management and control plans which are levied under this article, which shall be due and collected during each year that county taxes are due and collected and said annual installment and levy shall be evidenced to and certified by the board not later than August 31st of each year to the county tax assessor. Said tax shall be entered by the county tax assessor on the county tax rolls and shall be collected by the county tax collector in the same manner and same time as county taxes and the proceeds thereof paid to the district. The tax shall be a lien until paid on the property against which assessed and enforceable in like manner as county taxes.

(Laws of Fla. ch. 74-462, § 30)

Sec. 262-397. - Maintenance tax.

To maintain and preserve the water management and control facilities of the district a maintenance tax shall be evidenced to and certified by the board of supervisors not later than August 31st of each year to the tax assessor and shall be entered by the tax assessor on the county tax rolls and shall be collected by the tax collector in the same manner and time as county taxes and the proceeds therefrom paid to the district. The tax shall be a lien until paid on the property against which assessed and enforceable in like manner as county taxes. If the maintenance is for original construction based upon an apportionment of benefits, the maintenance tax shall be apportioned on the same basis of the net assessments of benefits assessed or accruing for original construction and shall not exceed ten percent thereof in any one year. If the maintenance is for other water management and control improvements owned, operated or acquired by the district, the amount of said maintenance tax shall be determined by the board based upon a report of the chief engineer and assessed by the board, upon such lands, which may be all of the lands within the district benefited by the maintenance thereof, apportioned between the benefited lands in proportion to the benefits received by each tract of land.

(Laws of Fla. ch. 74-462, § 31)

Sec. 262-398. - Enforcement of taxes.

The collection and enforcement of all taxes levied by the district shall be at the same time and in like manner as county taxes and the provision of the Florida Statutes relating to the sale of lands for unpaid and delinquent county taxes, the issuance, sale and delivery of tax certificates for such unpaid and delinquent county taxes, the redemption thereof, the issuance to individuals of tax deeds based thereon and all other procedures in connection therewith shall be applicable to the district to the same extent as if said statutory provisions were expressly set forth herein. All taxes shall be subject to the same discounts as county taxes.

(Laws of Fla. ch. 74-462, § 32)

Sec. 262-399. - When unpaid tax is delinquent; penalty.

All taxes provided for in this article shall become delinquent and bear penalties on the amount of said taxes in the same manner as county taxes.

(Laws of Fla. ch. 74-462, § 33)

Sec. 262-400. - Tax exemption.

As the exercise of the powers conferred by this act constitute the performance of essential public functions, and as the projects of the district will constitute public property used for public purposes, all assets and properties of the district, and all bonds issued hereunder and interest paid thereon, and all fees, charges and other revenues derived by the district from the projects provided by this article shall be exempt from all taxes by the state or by any political subdivision, agency or instrumentality thereof; provided, however, that any interest, income or profits on debt obligations issued hereunder shall not be exempt from the tax imposed by F.S. ch. 220; and any property to which provisions of this act apply, which is leased to a nongovernmental lessee, shall be exempt from ad valorem taxation only when and to the extent that the lessee serves or performs a governmental, municipal, or public purpose or function, as defined in F.S. § 196.012(5).

(Laws of Fla. ch. 74-462, § 34)

Sec. 262-401. - Special assessments.

The board may provide for the construction or reconstruction of assessable improvements as defined in subsection 262-367(1), and for the levying of special assessments upon benefited property for the payment thereof, under the provisions of this section.

Such special assessments may be levied and assessed in either of the alternate methods provided in subsections (1) and (2) below, and except for such procedure, all the other provisions of this section and this article shall apply to levy of such special assessments under either subsection (1) or subsection (2) hereof.

The initial proceeding under subsection (1) or subsection (2) of this section shall be the passage by the board of a resolution ordering the construction or reconstruction of such assessable improvements, indicating the location by terminal points and routes and either giving a description of the improvements by its material, nature, character and size or giving two or more descriptions with the directions that the material, nature, character and size shall be subsequently determined in conformity with one of such descriptions. The improvements need not be continuous and may be in more than one locality. The resolution ordering any such improvement may give any short and convenient designation to each improvement ordered thereby, and the property against which assessments are to be made for the cost of such improvement may give any short and convenient designation to each improvement ordered thereby, and the property against which assessments are to be made for the cost of such improvement may be designated as an assessment district, followed by a letter or number or name to distinguish it from other assessment districts, after which it shall be sufficient to refer to such improvement and property by such designation in all proceedings and assessments, except in the notices required by this section.

As soon as possible after the passage of such resolution the engineer for the district shall prepare, in duplicate, plans and specifications for each improvement ordered thereby and an estimate of the cost thereof. Such cost shall include, in addition to the items of cost as defined in this act, the following items of incidental expenses:

(1)

Printing and publishing notices and proceedings;

(2)

Costs of abstracts of title; and

(3)

Any other expense necessary or proper in conducting the proceedings and work provided for in this section, including the estimated amount of discount, if any, financial expenses upon the sale of assessment bonds or any other obligations issued hereunder for which such special assessment bonds or any other obligations issued hereunder for which such special assessments are to be pledged, and interest prior to and until not more than two years after the completion of said assessable improvements. If the resolution shall provide alternative descriptions of material, nature, character and size, such estimate shall include an estimate of the cost of the improvement of each such description.

The district engineer shall next prepare in duplicate a tentative apportionment of the estimated total cost of the improvement as between the district and each lot or parcel of land subject to special assessment under the resolution, such apportionment to be made in accordance with the provisions of the resolution and in relation to apportionment of cost provided herein for the preliminary assessment roll. Such tentative apportionment of total estimated cost shall not be held to limit or restrict the duties of the engineer in the preparation of such preliminary assessment roll under subsection (1) hereof. One of the duplicates of such plans, specifications and estimates and such tentative apportionment shall be filed with the secretary of the board and the other duplicate shall be retained by the engineer in his files, all thereof to remain open to public inspection.

(1)

If the special assessments are to be levied under this subsection (1) the secretary of the board upon filing with him of such plans, specification, estimates and tentative apportionment of cost shall publish once in a newspaper published in the county and of general circulation in the district, a notice stating that at a meeting of the board on a certain day and hour, not earlier than 15 days from such publication, the board will hear objections of all interested persons to the confirmation of such resolution, which notice shall state in brief and general terms a description of the proposed assessable improvements with the location thereof, and shall also state that plans, specifications, estimates and tentative apportionment of cost thereof are on file with the secretary of the board.

At the time named in such notice, or to which an adjournment may be taken by the board, the board shall receive any objections of interested persons and may then or thereafter repeal or confirm such resolution with such amendments, if any, as may be desired by the board and which do not cause any additional property to be specially assessed.

All objections to any such resolution on the ground that it contains items which cannot be properly assessed against property, or that it is, for any default or defect in the passage or character of the resolution or the plans or specifications or estimate, void or voidable in whole or in part, or that it exceeds the power of the board, shall be made in writing in person or by attorney, and filed with the secretary of the board at or before the time or adjourned time of such hearing. Any objections against the making of any assessable improvements not so made shall be considered as waived, and if any objection shall be made and overruled or shall not be sustained, the confirmation of the resolution shall be the final adjudication of the issue presented unless proper steps shall be taken in a court of competent jurisdiction to secure relief.

Whenever any resolution providing for the construction or reconstruction of assessable improvements and for the levying of special assessments upon benefited property for the payment thereof shall have been confirmed, and said special assessments are levied under this subsection (1) as hereinabove provided, or at any time thereafter, the board may issue assessment bonds payable out of such assessments when collected. Such bonds shall mature not later than two years after the maturity of the last annual installment in which said special assessments may be paid, as provided in subsection (3) hereof, and shall bear such interest as the board may determine not to exceed ten percent per annum. Such assessment bonds shall be executed, shall have such provisions for redemption prior to maturity, shall be sold in the manner and be subject to all of the applicable provisions contained in this article applicable to other bonds, except as the same are inconsistent with the provisions of this section. The amount of such assessment bonds for any assessable improvement, prior to the confirmation of the preliminary assessment roll provided for in this subsection (1) shall not exceed the estimated amount of the cost of such assessable improvements which are to be specially assessed against the lands and real estate of the engineer referred to in this section.

After the passage of the resolution authorizing the construction or reconstruction of assessable improvements has been confirmed as provided for above where special assessments are levied under subsection (1) or after the final confirmation of the assessment roll where such assessments are levied under subsection (2), the board may publish at least once in a newspaper published in the county and of general circulation in the district, a notice calling for sealed bids to be received by the board on a date not earlier than 15 days from the first publication for the construction of the work, unless in the initial resolution the board shall have declared its intention to have the work done by district forces without contract. The notice shall refer in general terms to the extent and nature of the improvements and may identify the same by the short designation indicated in the initial resolution and by reference to the plans and specifications on file. If the initial resolution shall have given two or more alternative descriptions of the assessable improvements as to its material, nature, character and size, and if the board shall not have theretofore determined upon a definite description, the notice shall call for bids upon each of such descriptions. Bids may be requested for the work as a whole or for any part thereof separately and bids may be asked for any one or more of such assessable improvements authorized by the same or different resolutions, but any bid covering work upon more than one improvement shall be in such form as to permit a separation of cost as to each improvement. The notice shall require bidders to file with their bids either a certified check drawn upon an incorporated bank or trust company in such amount or percentage of their respective bids, as the board shall deem advisable, or a bid bond in like amount with corporate surety satisfactory to the board to insure the execution of a contract to carry out the work in accordance with such plans and specifications and insure the filing at the making of such contract, of a bond in the amount of the contract price with corporate surety satisfactory to the board conditioned for the performance of the work in accordance with such contract. The board shall have the right to reject any or all bids, and if all bids are rejected the board may readvertise or may determine to do the work by the district forces without contract.

Promptly after the completion of the work, in the case of special assessments levied under subsection (1), the engineer for the district, who is hereby designated as the official of the district to make the preliminary assessment of benefits from assessable improvements, shall prepare a preliminary assessment roll and file the same with the secretary of the board which roll shall contain the following:

a.

A description of abutting lots and parcels of land or lands which will benefit from such assessable improvements and the amount of such benefits to each such lot or parcel of land, such lots and parcels shall include the property of the county and any school district or other political subdivision. There shall also be given the name of the owner of record of each lot or parcel where practicable, and in all cases there shall be given a statement of the method of assessment used by the engineer for determining the benefits.

b.

The total cost of the improvements and the amount of incidental expense.

The preliminary roll shall be advisory only and shall be subject to the action of the board as hereafter provided. Upon the filing with the secretary of the board of the preliminary assessment roll, the secretary of the board shall publish at least once in a newspaper published in the county and of general circulation in the district, a notice stating that at a meeting of the board to be held on a certain day and hour, not less than 15 days from the date of such publication, which meeting may be a regular, adjourned or special meeting, all interested persons may appear and file written objections to the confirmation of such roll. Such notice shall state the class of the assessable improvements and the location thereof by terminal points and route.

At the time and place stated in such notice the board shall meet and receive the objections in writing of all interested persons as stated in such notice. The board may adjourn the hearing from time to time. After the completion thereof the board shall either annul or sustain or modify in whole or in part the prima facie assessment as indicated on such roll, either by confirming the prima facie assessment against any or all lots or parcels described therein or by cancelling, increasing or reducing the same, according to the special benefits which the board decides each such lot or parcel has received or will receive on account of such improvement. If any property which may be chargeable under this section shall have been omitted from the preliminary roll or if the prima facie assessment shall not have been made against it, the board may place on such roll an apportionment to such property. The board shall not confirm any assessment in excess of the special benefits to the property assessed and the assessments so confirmed shall be in proportion to the special benefits. Forthwith after such confirmation such assessment roll shall be delivered to the secretary of the board. The assessment so made shall be final and conclusive as to each lot or parcel assessed unless proper steps be taken in a court of competent jurisdiction to secure relief. If the assessment against any property shall be sustained or reduced or abated by the court, the secretary of the board shall note that fact on the assessment roll opposite the description of the property affected thereby. The amount of the special assessment against any lot or parcel which may be abated by the court, unless the assessment upon all benefited property be abated, or the amount by which such assessment is so reduced, may by resolution of the board be made chargeable against the district at large; or, at the discretion of the board, a new assessment roll may be prepared and confirmed in the manner hereinabove provided for the preparation and confirmation of the original assessment roll.

Pending final confirmation of such special assessments in the manner provided in this section (1), the district shall have a lien on all such lands and real estate after the confirmation of the initial resolution, in the manner provided in this subsection (1).

(2)

The district engineer, under the procedure provided for in this subsection (2) shall next, after the passage of the initial resolution and filing of the plans and estimates of cost by the district engineer, prepare an assessment roll for the district in duplicate, which assessment roll shall contain an apportionment of the estimated total cost of the improvement as between the district and each lot or parcel of land subject to the special assessment under the initial resolution, such apportionment to be made in accordance with the provisions of the initial resolution. One of the duplicates of said assessment roll shall be filed with the secretary of the board and the other duplicate shall be retained by the district engineer in his files, all thereof to remain open to public inspection.

Upon the completion and filing of said assessment roll the secretary to the board shall cause a copy thereof to be published once in a newspaper published in the county and of general circulation in the district, together with a notice directed to all property owners interested in said special assessments stating that at a meeting of the board on a certain day and hour, not earlier than 15 days from such publication, the board sitting as an equalizing board, will hear objections of all interested persons to the final confirmation of such assessment roll, and will finally confirm such assessment roll or take such action relative thereto as it deems necessary and advisable.

At the time and place named in the notice provided for in the above paragraph, the board shall meet as an equalizing board to hear and consider any and all complaints as to said special assessments, and shall adjust and equalize the said special assessments on a basis of justice and right, and when so equalized and approved such special assessments shall stand confirmed and remain legal, valid and binding liens upon the properties upon which such special assessments are made, until paid in accordance with the provisions of this article; provided, however, that upon the completion of such improvements, if the actual cost of such assessable improvements is less than the amount of such special assessments levied, the district shall rebate to the owners of any properties which shall have been specially assessed for such assessable improvements the difference in the special assessments as originally made, levied and confirmed, and the proportionate part of the actual cost of said assessable improvements as finally determined upon the completion of said assessable improvements; and in the event that the actual cost of said assessable improvements shall be more than the amount of such special assessments confirmed and levied, finally determined upon the completion of said assessable improvements, the proportionate part of such excess cost of such assessable improvements may be levied against all of the lands and properties against which such special assessments were originally levied, or, in the alternative, the board may, in its discretion, pay such excess cost from any legally available funds.

All objections to any such assessment roll on the ground that it contains items which cannot be properly assessed against property, or that it is, for any default or defect in the passage or character of the assessment roll or the plans or specifications or estimate, void or voidable in whole or in part, or that it exceeds the power of the board, shall be made in writing in person or by attorney, and filed with the secretary of the board at or before the time or adjourned time of such hearing on the assessment roll. Any objections against the making of any assessable improvements not so made shall be considered as waived, and if any objections shall be made and overruled or shall not be sustained, the confirmation of the assessment roll shall be the final adjudication of the issue presented unless proper steps shall be taken in a court of competent jurisdiction to secure relief.

All the provisions of subsection (1) not inconsistent with this subsection (2) shall apply to the levy of special assessments under this subsection (2).

(3)

After the assessment roll has been confirmed, the board shall publish a notice in a newspaper of general circulation in the county, once a week for two consecutive weeks, stating that any assessment may be paid without interest at the office of the district, on or before 60 days from the date of the first publication of the notice. Thereafter all assessments shall be payable in equal annual installments, with interest not to exceed ten percent per annum from the expiration of said 60 days in each of the succeeding 20 calendar years at the time or times in each year at which general county taxes are payable; provided, however, that the district may by resolution fix a shorter fall due, and any assessment or installment not paid when due shall be collectable with such interest and with a reasonable attorney's fees and costs, but without penalties, by the district by proceedings in a court of equity to foreclose the line of assessments as a lien for mortgages is or may be foreclosed under the laws of the state; provided that any such proceedings to foreclose shall embrace all installments of principal remaining unpaid with accrued interest thereon, which installments shall, by virtue of the institution of such proceedings, immediately become due and payable. Nevertheless, if, prior to any sale of the property under decree of foreclosure in such proceedings, payment be made of the installment or installments which are shown to be due under the provisions of subsections (1) and (2) of this section, and by this subsection (3) and all costs, including interest and reasonable attorney's fees, such payment shall have the effect of restoring the remaining installments to their original maturities as provided by the resolution passed pursuant to this subsection (3) and the proceedings shall be dismissed. It shall be the duty of the board to enforce the prompt collection of assessment by the means herein provided, and such duty may be enforced at the suit of any holder of bonds issued under this act in a court of competent jurisdiction by mandamus or other appropriate proceedings or action. Not later than 30 days after the annual installments are due and payable, it shall be the duty of the board to direct the attorney for the district to institute actions within two months after such direction to enforce the collection of all special assessments for assessable improvements made under this section and remaining due and unpaid at the time of such direction. Such action shall be prosecuted in the manner and under the conditions in and under which mortgages are foreclosed under the laws of the state. It shall be lawful to join in one action the collection of assessments against any or all property assessed by virtue of the same assessment roll unless the court shall deem such joinder prejudicial to the interest of any defendant. The court shall allow a reasonable attorney's fee for the attorney for the district and the same shall be collectable as a part of or in addition to the costs of the action. At the sale pursuant to decree in any such action, the district may be a purchaser to the same extent as an individual person or corporation, except that the part of the purchase price represented by the assessments sued upon the interest thereon need not be paid in cash. Property so acquired by the district may be sold or otherwise disposed of.

All assessments and charges made under the provisions of this section for the payment of all or any part of the cost of any assessable improvements for which assessment bonds shall have been issued under the provisions of this article, or which have been pledged as additional security for any other bonds or obligations issued under this article shall be maintained in a special fund or funds and be used only for the payment of principal or interest on such assessment bonds or other bonds or obligations.

The county and each school district and other political subdivision wholly or partly within the district shall be subject to the same duties and liabilities in respect of assessments under this section affecting the real estate of such county, school district or other political subdivision which private owners of real estate possess or are subject to hereunder, and such real estate of any such county, school district and political subdivision shall be subject to liens for said assessments in all cases where the same property would be subject to such liens had it at the time the lien attached been owned by a private owner, however no lien shall be foreclosed against any political subdivision or agency of the State of Florida. Other legal remedies shall remain available.

(Laws of Fla. ch. 74-462, § 35)

Sec. 262-402. - Issuance of certificates of indebtedness based on assessments for assessable improvements; assessment bonds.

(a)

The board may, after any assessments for assessable improvements are made, determined and confirmed as provided in section 262-401 issue certificates of indebtedness for the amount so assessed against the abutting property or property otherwise benefited, as the case may be, and separate certificates shall be issued against each part or parcel of land or property assessed, which certificates shall state the general nature of the improvement for which the said assessment is made. Said certificates shall be payable in annual installments in accordance with the installments of the special assessment for which they are issued. The board may determine the interest to be borne by such certificates, not to exceed ten percent per annum, and may sell such certificates at either private or public sale and determine the form, manner of execution and other details of such certificates. Such certificates shall recite that they are payable only from the special assessments levied and collected from the part or parcel of land or property against which they are issued. The proceeds of such certificates may be pledged for the payment of principal of and interest on any revenue bonds or general obligation bonds issued to finance in whole or in part such assessable improvement, or, if not so pledged, may be used to pay the cost or part of the cost of such assessable improvements.

(b)

The district may also issue assessment bonds or other obligations payable from a special fund into which such certificates of indebtedness referred to in the preceding paragraph may be deposited; or, if such certificates of indebtedness have not been issued, the district may assign to such special fund for the benefit of the holders of such assessment bonds or other obligations, or to a trustee for such bondholders, the assessment liens provided for in this act unless such certificates of indebtedness or assessment liens have been theretofore pledged for any bonds or other obligations authorized hereunder. In the event of the creation of such special fund and the issuance of such assessment bonds or other obligations, the proceeds of such certificates of indebtedness of assessment liens deposited therein shall be used only for the payment of the assessment bonds or other obligations issued as provided in this section. The district is hereby authorized to covenant with the holders of such assessment bonds or other obligations that it will diligently and faithfully enforce and collect all the special assessments and interest and penalties thereon for which such certificates of indebtedness or assessment liens have been deposited in or assigned to such fund, and to foreclose such assessment liens so assigned to such special fund or represented by the certificates of indebtedness deposited in said special fund, after such assessment liens have become delinquent, and deposit the proceeds derived from such foreclosure, including interest and penalties, in such special fund, and to make any other covenants deemed necessary or advisable in order to properly secure the holders of such assessment bonds or other obligations.

(c)

The assessment bonds or other obligations issued pursuant to this section shall have such dates of issue and maturity as shall be deemed advisable by the board, provided, however, that the maturities of such assessment bonds or other obligations shall not be more than two years after the due date of the last installment which will be payable on any of the special assessments for which such assessment liens, or the certificates of indebtedness representing such assessment liens, are assigned to or deposited in such special fund.

Such assessment bonds or other obligations issued under this section shall bear such interest as the board may determine not to exceed ten percent per annum, shall be executed, shall have such provisions for redemption prior to maturity, shall be sold in the manner and be subject to all of the applicable provisions contained in this act for revenue bonds, except as the same may be inconsistent with the provisions of this section.

All assessment bonds or other obligations issued under the provisions of this act, except certificates of indebtedness issued against separate lots or parcels of land or property as provided in this section shall be and constitute and have all the qualities and incidents of negotiable instruments under the law merchant and the laws of the state.

(Laws of Fla. ch. 74-462, § 36)

Sec. 262-403. - Foreclosure of liens.

Any lien in favor of the district arising under this act may be foreclosed by the district by foreclosure proceedings in the name of the district in a court of competent jurisdiction as provided by general law in like manner as is provided in F.S. ch. 173, and amendments thereto, and the provisions of said chapter shall be applicable to such proceedings with the same force and effect as if said provisions were expressly set forth in this act. Any act required or authorized to be done by or on behalf of a city or town in foreclosure proceedings under F.S. ch. 173, may be performed by such officer or agent of the district as the board of supervisors may designate. Such foreclosure proceedings may be brought at any time after the expiration of one year from the date any tax, or installment thereof, becomes delinquent, however no lien shall be foreclosed against any political subdivision or agency of the State of Florida. Other legal remedies shall remain available.

(Laws of Fla. ch. 74-462, § 37)

Sec. 262-404. - Tax liens.

All taxes of the district provided for in this act together with all penalties for default in the payment of the same and all costs in collecting the same including a reasonable attorney's fee fixed by the court and taxed as cost in the action brought to enforce payment, shall from January 1, for each year the property is liable to assessment and until paid constitute a lien of equal dignity with the liens for state and county taxes and other taxes of equal dignity with state and county taxes upon all the lands against which such taxes shall be levied. A sale of any of the real property within the district for state and county or other taxes shall not operate to relieve or release the property so sold from the lien for subsequent district taxes or installments of district taxes which lien may be enforced against such property as though no such sale thereof had been made. The provisions of F.S. § 192.21 and amendments thereto shall be applicable to district taxes with the same force and effect as if said provisions were expressly set forth in this article.

(Laws of Fla. ch. 74-462, § 38)

Sec. 262-405. - Payment of taxes, redemption of tax liens by the district; sharing in proceeds of tax sale under F.S. § 194.21.

(a)

The district has the right to (a) pay any delinquent state, county, district, municipal or other tax or assessment upon lands located wholly or partially within the boundaries of the district; and (b) redeem or purchase any tax sales certificate issued or sold on account of any state, county, district, municipality or other taxes or assessments upon lands located wholly or partially within the boundaries of the district.

(b)

Delinquent taxes paid, or tax sales certificates redeemed or purchased, by the district, together with all penalties for the default in payment of the same and all costs in collecting the same and a reasonable attorney's fee, shall constitute a lien in favor of the district of equal dignity with the liens of state and county taxes and other taxes of equal dignity with state and county taxes, upon all the real property against which said taxes were levied. The lien of the district may be foreclosed in the manner provided in this article.

(c)

In any sale of land pursuant to F.S. § 194.21, and amendments thereto, the district may certify to the clerk of the circuit court of the county holding such sale, the amount of taxes due to the district upon the lands sought to be sold, and the district shall share in the disbursement of the sales proceeds in accordance with the provisions of this act and under the laws of Florida.

(Laws of Fla. ch. 74-462, § 39)

Sec. 262-406. - Mandatory use of certain district facilities and services.

To the full extent permitted by law, the district shall require all lands, building and premises, and all persons, firms and corporations within the district to use the water management and control facilities and water and sewer facilities of the district. Subject to such exceptions as may be provided by the resolutions, rules or bylaws of the board, and subject to the terms and provisions of any resolution authorizing any bonds and agreements with bondholders, no water management and control facilities or water and sewer facilities shall be constructed or operated within the district unless the board gives its consent thereto. Said plans and specifications therefor shall be subject to approval by the board of county commissioners.

(Laws of Fla. ch. 74-462, § 40)

Sec. 262-407. - Bids required.

No contract shall be let by the board for the construction or maintenance of any project authorized by this article, nor shall any goods, supplies or materials be purchased when the amount thereof to be paid by said district shall exceed $5,000.00, unless notice of bids shall be advertised once a week for two consecutive weeks in a newspaper published in the county and in general circulation in the district, and in each case the bid of the lowest responsible bidder shall be accepted, unless all bids are rejected because the bids are too high. The board may require the bidders to furnish bond with responsible surety to be approved by the board. Nothing in this section shall prevent the board from undertaking and performing the construction, operation and maintenance of any project or facility authorized by this act, by the employment of labor, material and machinery.

(Laws of Fla. ch. 74-462, § 41)

Sec. 262-408. - Maintenance of projects across rights-of-way.

The district shall have the power to construct and operate its projects in, along or under any dedications to the public, platted rights-of-way, platted reservations, streets, alleys, highways or other public places or ways, and across any drain, ditch, canal, floodway, holding basin, excavation, grade, fill or cut, within the district.

(Laws of Fla. ch. 74-462, § 42)

Sec. 262-409. - Agreements with other political bodies for the joint discharge of common functions.

The board and any other political bodies, whether now in existence or hereafter created, are authorized to enter into and carry into effect contracts and agreements relating to the common powers, duties and functions of the board and any other political bodies, to the end that there may be effective cooperation and coordination in discharging their common functions, powers and duties.

The district shall have all the powers provided in F.S. ch. 163 pt. I (F.S. § 163.01 et seq.), but shall not have the powers provided in F.S. ch. 163, pts. II, III, IV, V and VI (F.S. §§ 163.3161 et seq., 163.330 et seq., 163.501 et seq., 163.565 et seq., 163.701 et seq.).

(Laws of Fla. ch. 74-462, § 43)

Sec. 262-410. - Fees, rentals, and charges; procedure for adoption and modifications; minimum revenue requirements.

(a)

The district is authorized to prescribe, fix, establish and collect rates, fees, rentals, or other charges (hereinafter sometimes referred to as "revenues"), and to revise the same from time to time, for the facilities and services furnished by the district, within the limits of the district; including but not limited to water management and control facilities, and water and sewer systems, to recover the costs of making connection with any district facility or system; and to provide for reasonable penalties against any user or property for any such rates, fees, rentals, or other charges that are delinquent.

(b)

No such rates, fees, rentals, or other charges for any of the facilities or services of the district shall be fixed until after a public hearing at which all the users of the proposed facility or services or owners, tenants or occupants served or to be served thereby and all other interested persons shall have an opportunity to be heard concerning the proposed rates, fees, rentals, or other charges. Notice of such public hearing setting forth the proposed schedule or schedules of rates, fees, rentals and other charges shall have been published in a newspaper in the county and of general circulation in the district at least once at least ten days prior to such public hearing. The hearing may be adjourned from time to time. After such hearing such schedule or schedules, either as initially proposed, or as modified or amended, may be finally adopted. A copy of the schedule or schedules of such rates, fees, rentals or charges as finally adopted shall be kept on file in an office designated by the board and shall be open at all reasonable times to public inspection. The rates, fees, rentals or charges so fixed for any class of users or property served which shall fall in the same class, without the necessity of any notice of hearing [sic].

(c)

Such rates, fees, rentals and charges shall be just and equitable and uniform for users of the same class, and where appropriate may be based or computed either upon the amount of service furnished or upon the number of average number of persons residing or working or otherwise occupying the premises served, or upon any other factor affecting the use of the facilities furnished, or upon any combination of the foregoing factors, as may be determined by the board on an equitable basis.

(d)

The rates, fees, rentals or other charges prescribed shall be such as will produce revenues, together with any other assessments, taxes, revenues or fund available or pledged for such purpose, at least sufficient to provide for the items hereinafter listed, but not necessarily in the order stated:

(1)

To provide for all expenses of operation and maintenance of such facility or service;

(2)

To pay when due all bonds and interest thereon for the payment of which such revenues are, or shall have been, pledged or encumbered, including reserves for such purpose; and

(3)

To provide for any other funds which may be required under the resolution or resolutions authorizing the issuance of bonds pursuant to this article.

(e)

The board shall have the power to enter into contracts for the use of the projects of the district and with respect to the services and facilities furnished or to be furnished by the district.

(f)

The district shall review with the Collier County commission its proposed rates, fees, rentals or other charges 30 days prior to the holding of the public hearing as provided in paragraph (b) above.

(Laws of Fla. ch. 74-462, § 44)

Sec. 262-411. - Recovery of delinquent charges.

In the event that any of the rates, fees, rentals, charges or delinquent penalties shall not be paid as and when due and shall be in default for 60 days or more, the unpaid balance thereof and all interest accrued thereon, together with reasonable attorney's fees and costs, may be recovered by the district in a civil action.

(Laws of Fla. ch. 74-462, § 45)

Sec. 262-412. - Discontinuance of service.

In the event the fees, rentals or other charges for water and sewer services, or either of them, are not paid when due, the board shall have the power, under such reasonable rules and regulations as the board may adopt, to discontinue and shut off both water and sewer services until such fees, rentals or other charges, including interest, penalties and charges for the shutting off and discontinuance and the restoration of such water and sewer services or both are fully paid, and for such purposes may enter on any lands, waters and premises of any person, firm, corporation or body, public or private, within the district limits. Such delinquent fees, rentals or other charges, together with interest, penalties and charges for the shutting off and discontinuance and the restoration of such services and facilities, and the reasonable attorney's fees and other expenses, may be recovered by the district may also enforce payment of such delinquent fees, rentals or other charges by any other lawful method of enforcement.

(Laws of Fla. ch. 74-462, § 46)

Sec. 262-413. - Action taken on consent of landowners.

Any action required under this article to be taken at or after public hearing for the purpose of receiving and passing on objections by landowners may be taken without such notice or hearing upon the written consent of all of the landowners affected by such action.

(Laws of Fla. ch. 74-462, § 47)

Sec. 262-414. - Enforcement and penalties.

The board or any aggrieved person may have recourse to such remedies in law and equity as may be necessary to ensure compliance with the provisions of this article, including injunctive relief to enjoin or restrain any person violating the provisions of this article, and any bylaws, resolutions, regulations, rules, codes and orders adopted under this article. In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained, or any building structure, land or water is used, in violation of this act, or of any code, order, resolution or other regulation made under authority conferred by this article or under law, the board or any citizen residing in the district may institute any appropriate action or proceeding to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use, to restrain, correct or avoid such violation, to prevent the occupancy of such building, structure, land or water, and to prevent any illegal act, conduct, business or use in or about such premises, land or water.

(Laws of Fla. ch. 74-462, § 48)

Sec. 262-415. - Suits against the district.

No suit or action shall be brought or maintained against the district for damages arising out of tort including without limitation any claim arising upon account of an act causing a wrongful death, unless written notice of such claim is within 180 days after receiving the alleged injury given to the secretary of the board, with detailed specifications as to the time, place and manner of injury. No such suit or action shall be brought or maintained unless brought within 24 months from the time of the injury or damages.

(Laws of Fla. ch. 74-462, § 49)

Sec. 262-416. - Exemption of district property from execution.

All district property shall be exempt from levy and sale by virtue of an execution and no execution or other judicial process shall issue against such property, nor shall any judgment against the district be a charge or lien on its property or revenues; provided that nothing herein contained shall apply to or limit the rights of bondholders to pursue any remedy for the enforcement of any lien or pledge given by the district in connection with any of the bonds or obligations of the district.

(Laws of Fla. ch. 74-462, § 50)

Sec. 262-417. - Extension of services outside boundaries.

Any other provision of this article to the contrary notwithstanding, the district shall not provide water, sewer, surface water management, and other governmental services beyond the boundaries of the district.

(Laws of Fla. ch. 74-462, § 52; Laws of Fla. ch. 78-492, § 2)

Secs. 262-418—262-440. - Reserved.