05-061
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1 ORDINANCE NO. 05- ObI
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3 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
4 BOYNTON BEACH, FLORIDA ESTABLISHING A DEPENDENT
5 DISTRICT OVER THE REAL PROPERTY LEGALLY DESCRIBED
6 ON EXHIBIT "A" TO THIS ORDINANCE COMPRISING
7 APPROXIMATELY 582.49 ACRES; PROVIDING DEFINITIONS;
8 ESTABLISHING THE NAME OF THE DISTRICT AS QUANTUM
9 PARK OVERLAY DEPENDENT DISTRICT; NAMING THE INITIAL
10 MEMBERS OF THE BOARD OF SUPERVISORS OF THE
11 . DISTRICT; DESIGNATING THE PURPOSE OF THE DISTRICT;
12 PROVIDING FOR BOARD OF SUPERVISORS, MEMBERS,
13 ELECTION OF MEMBERS, MEETINGS, AND GENERAL DUTIES;
14 PROVIDING GENERAL POWERS OF THE DISTRICT; PROVIDING
15 SPECIAL ASSESSMENT POWERS; PROVIDING FOR
16 COLLECTION AND ENFORCEMENT; PROVIDING FOR
17 SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.
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19 WHEREAS, the Florida Legislature created Chapter 189, Florida Statutes, as
20 amended, to provide an alternative method to finance, deliver and manage community
21 services; and,
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23 WHEREAS, Quantum Community Development District (the "Petitioner"), has
24 petitioned the City Commission of City of Boynton Beach, Florida (the "Commission") to
25 grant the establishment of Quantum Park Overlay Dependent District (the "District") to
26 provide certain community services; and,
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28 WHEREAS, the District will constitute a timely, efficient, responsive and economic
29 way to deliver community services; and,
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31 WHEREAS, the creation of the District is the best alternative available for
32 delivering the community services and facilities to the area that will be served by the
33 District; and the area that will be served by the District is amenable to separate special
34 district government; and.
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36 WHEREAS, the District does not have any zoning power and the establishment of
37 the District is not a development order; and
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39 WHEREAS, the creation of the District IS consistent with the approved local
40 comprehensive plan,
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42 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
43 CITY OF BOYNTON BEACH, FLORIDA:
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45 Section 1. Creation ofDistricl.
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The "WHEREAS" recitals above are hereby confirmed and adopted, and the Petition to
establish Quantum Park Overlay Dependent District over the real property described in
Exhibit "A" attached hereto, which was filed by
PereR.. L. -rame.n Ie \ on Jl..I..hLL-, 200~: and which Petition
is on file at the Office of the City Clerk, is hereby~~1a. The external boundaries of the
District shall be as depicted on the legal description and location map attached hereto and
incorporated as Exhibit "A".
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Section 2. Definitions.
As used in this Ordinance, the term:
(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
Ordinance.
(2) "Assessment bonds" means special obligations of the district which are payable solely
from proceeds of the special assessments levied for an assessable project.
(3) "Board" or "board of supervisors" means the governing board of the district or, if such
board has been abolished, the board, body, or commission succeeding to the principal
functions thereof or to whom the powers given to the board by this act have been given by
law.
(4) "Bond" includes "certificate," and the provisions that are applicable to bonds are equally
applicable to certificates. The term "bond" includes any general obligation bond, assessment
bond, refunding bond, revenue bond, and other such obligation in the nature of a bond as is
provided for in this Ordinance, as the case may be.
(5) "City" means the City of Boynton Beach, Florida, a Florida municipality.
(6) "Cost," when used with reference to any project, includes, but is not limited to:
(a) The expenses of determining the feasibility or practicability of acquisition,
construction, or reconstruction.
(b) The cost of surveys, estimates, plans, and specifications.
(c) The cost of improvements.
(d) Engineering, fiscal, and legal expenses and charges.
(e) The cost of all labor, materials, machinery, and equipment.
(f) The cost of all lands, properties, rights, easements, and franchises acquired.
(g) Financing charges.
(h) The creation of initial reserve and debt service funds.
(i) Working capital.
(j) 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.
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(k) The cost of issuance of bonds pursuant to this Ordinance, including
advertisements and printing.
(1) The cost of any election held pursuant to this Ordinance and all other expenses of
issuance of bonds.
(m) The discount, if any, on the sale or exchange of bonds.
(n) Administrative expenses.
(0) Such other expenses as may be necessary or incidental to the acqulSltlOn,
construction, or reconstruction of any project or to the financing thereof, or to the
development of any lands within the district.
(p) Payments, contributions, dedications, and any other exactions required as a
condition to receive any government approval or permit necessary to accomplish any district
purpose.
(7) "County" means Palm Beach County, Florida.
(8) "District" means the Quantum Park Overlay District created by this Ordinance.
(9) "District Manager" means the manager of the district.
(10) "District roads" means highways, streets, roads, alleys, sidewalks, landscaping, storm
drains, bridges, and thoroughfares of all kinds and descriptions.
(11) "General obligation bonds" means bonds which are secured by, or provide for their
payment by, the pledge, in addition to those special assessments levied for their discharge
and such other sources as may be provided for their payment or pledged as security under
the resolution authorizing their issuance, of the full faith and credit and taxing power of the
district and for payment of which recourse may be had against the general fund of the
district.
(12) "Landowner" means the owner of a freehold estate as appears by the deed record,
including a trustee, any legal entity, and an owner of a condominium unit; but it does not
include a reversionary, remainderman, mortgagee, the Quantum Community Development
District or any governmental entity, who shall not be counted and need not be notified of
proceedings under this act. Landowner shall also mean the owner of a ground lease from a
governmental entity, which leasehold interest has a remaining term, excluding all renewal
options, in excess of 50 years. A landowner may be a nonresidential landowner or a
residential landowner.
(13) "Local general-purpose government" means a county, municipality, or consolidated
city-county government.
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(14) "Ordinance" or "this Ordinance' means this Ordinance No._ of the City.
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1 (15) "Project" means any development, improvement, property, utility, facility, works,
2 enterprise, or service now existing or hereafter undertaken or established under the
3 provisions of this Ordinance,
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5 (16) "Refunding bonds" means bonds issued to refinance outstanding bonds of any type and
6 the interest and redemption premium thereon, Refunding bonds shall be issuable and
7 payable in the same manner as the refinanced bonds, except that no approval by the
8 electorate shall be required unless required by the State Constitution,
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10 (17) "Revenue bonds" means obligations of the district which are payable from revenues
11 derived from sources other than ad valorem taxes on real or tangible personal property and
12 which do not pledge the property, credit, or general assessment revenue of the district.
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14 (18) "Sewer system" means any plant, system, facility, or property, and additions,
15 extensions, and improvements thereto at any future time constructed or acquired as part
16 thereof, useful or necessary or having the present capacity for future use in connection with
17 the collection, treatment, purification, or disposal of sewage, including, without limitation,
18 industrial wastes resulting from any process of industry, manufacture, trade, or business or
19 from the development of any natural resource, Without limiting the generality of the
20 foregoing, the term "sewer system" includes treatment plants, pumping stations, lift stations,
21 valves, force mains, intercepting sewers, laterals, pressure lines, mains, and all necessary
22 appurtenances and equipment; all sewer mains, laterals, and other devices for the reception
23 and collection of sewage from premises connected therewith; and all real and personal
24 property and any interest therein, rights, easements, and franchises of any nature relating to
25 any such system and necessary or convenient for operation thereof,
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27 (19) "Water management and control facilities" means any lakes, canals, ditches,
28 reservoirs, dams, levees, sluiceways, floodways, pumping stations, or any other works,
29 structures, or facilities for the conservation, control, development, utilization, and disposal
30 of water, and any purposes appurtenant, necessary, or incidental thereto, The term "water
31 management and control facilities" includes all real and personal property and any interest
32 therein, rights, easements, and franchises of any nature relating to any such water
33 management and control facilities or necessary or convenient for the acquisition,
34 construction, reconstruction, operation, or maintenance thereof.
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36 (20) "Water system" means any plant, system, facility, or property and additions,
37 extensions, and improvements thereto at any future time constructed or acquired as part
38 thereof, useful or necessary or having the present capacity for future use in connection with
39 the development of sources, treatment, or purification and distribution of water. Without
40 limiting the generality of the foregoing, the term "water system" includes dams, reservoirs,
41 storage, tanks, mains, lines, valves, pumping stations, laterals, and pipes for the purpose of
42 carrying water to the premises connected with such system, and all rights, easements, and
43 franchises of any nature relating to any such system and necessary or convenient for the
44 operation thereof.
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46 Section 3, District Name
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The name of the District shall be "Quantum Park Overlay Dependent District",
Section 4, Initial Board Members
The initial members of the Board of Supervisors of the Quantum Park Overlay Dependent
District (the "District Board") shall be as follows:
1. Eugene Gerlica
2, Robert S. Fike
3, Al Slaman
4, Thomas McGillicuddy
5, Igor Olenicoff
Section 5, Purpose
The District is created for the purposes set forth in and prescribed in the Petition,
Section 6, Board of Supervisors; Members, Election of Members, and Meetings,
The District Board shall exercise the powers granted to the District pursuant to this
Ordinance, The District Board shall consist of five members, Except as otherwise provided
herein, each member shall hold office for a term of four years and until a successor is chosen
and qualifies, The members of the District Board must be residents of the State of Florida
and citizens of the United States,
(1) (a) Within 90 days following the effective date of this Ordinance establishing the
District, there shall be held a meeting of all landowners of the District for the purpose of
electing five members for the District Board, Notice of the landowners' meeting shall be
published once a week for 2 consecutive weeks in a newspaper which is in general
circulation in the area of the District, the last day of such publication to be not fewer than 14
days or more than 28 days before the date of the election, The landowners, when assembled
at such meeting, shall organize by electing a chair who shall conduct the meeting,
(b) At such meeting, each landowner shall be entitled to cast one vote per assessable
acre and/or a fractional vote equal to any fractional share of one assessable acre for the
purpose of votes taken at the meeting for any item that the landowner is entitled to vote,
Landowners owning less than one (1) assessable acre in the aggregate shall be entitled to a
fractional vote equal to the aggregate fractional assessable acreage owned, Landowners with
more that one (1) assessable acre are entitled to an aggregate number of votes equal to the
aggregate number of all (whether whole or fractional) assessable acres owned, when all of
such landowners' assessable acreage has been aggregated for purposes of voting, A
landowner may vote in person or by a proxy given in writing, The two candidates receiving
the highest number of votes shall be elected for a period of four years, and the three
candidates receiving the next highest number of votes shall be elected for a period of two
years, The members of the first District Board elected by landowners shall serve their
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I respective 4-year or 2-year terms; however, the next election by landowners shall be on the
2 first Tuesday in the first November following the expiration of the initially elected 2-year
3 terms" Thereafter, there shall be an election of Board members for the District every 2
4 years on the first Tuesday in November. At each election following the initial election, the
5 two candidates receiving the highest number of votes shall be elected to serve for a 4-year
6 term, and the remaining candidate shall be elected to serve for a 2-year term,
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8 (2) Upon entering into office, members of the district board shall take and subscribe to
9 the oath of office as prescribed by s, 876,05, They shall hold office for the terms for which
10 they were elected or appointed and until their successors are chosen and qualified, If, during
II the term of office, a vacancy occurs, the remaining members of the District Board shall fill
12 the vacancy by an appointment for the remainder of the unexpired term, During their
13 unexpired terms, members of the Board may be removed at will by action of the governing
14 body of the City,
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16 (3) A majority of the members of the District Board constitutes a quorum for the
17 purposes of conducting its business and exercising its powers and for all other purposes,
18 Action taken by the District shall be upon a vote of a majority of the members present unless
19 general law or a rule of the District requires a greater number.
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21 (4) As soon as practicable after each election or appointment, the District Board shall
22 organize by electing one of its members as chair and by electing a secretary, who need not
23 be a member of the District Board, and such other officers as the District Board may deem
24 necessary,
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26 (5) The District Board shall keep a permanent record book entitled "Record of
27 Proceedings of Quantum Park Overlay Dependent District," in which shall be recorded
28 minutes of all meetings, resolutions, proceedings, certificates, bonds given by all employees,
29 and any and all corporate acts, The record book shall at reasonable times be opened to
30 inspection in the same manner as state, county, and municipal records pursuant to chapter
31 119, The record book shall be kept at the office or other regular place of business
32 maintained by the District Board in Palm Beach County,
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34 (6) Each supervisor shall be entitled to receive for his or her services an amount not to
35 exceed $200 per meeting of the board of supervisors, not to exceed $4,800 per year per
36 supervisor, or an amount established by the electors at referendum. In addition, each
37 supervisor shall receive travel and per diem expenses as set forth in s, 112,061.
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39 (7) All meetings of the District Board shall be open to the public and governed by the
40 provisions of chapter 286,
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42 Section 7, Board of Supervisors, General Duties,
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44 (1) The District Board shall employ, and fix the compensation of, a district manager.
45 The district manager shall have charge and supervision of the works of the District and shall
46 be responsible for preserving and maintaining any improvement or facility constructed or
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I erected pursuant to the provisions of this Ordinance, for maintaining and operating the
2 equipment owned by the District, and for performing such other duties as may be prescribed
3 by the District Board, The district manager may hire or otherwise employ and terminate the
4 employment of such other persons, including, without limitation, professional, supervisory,
5 and clerical employees, as may be necessary and authorized by the District Board, The
6 compensation and other conditions of employment of the officers and employees of the
7 District shall be as provided by the District Board,
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9 (2) The District Board shall designate a person who is a resident of the state as treasurer
10 of the District, who shall have charge of the funds of the district. Such funds shall be
II disbursed only upon the order, or pursuant to the resolution, ofthe District Board by warrant
12 or check countersigned by the treasurer and by such other person as may be authorized by
13 the District Board, The District Board may give the treasurer such other or additional
14 powers and duties as the District Board may deem appropriate and may fix his or her
15 compensation, The District Board may require the treasurer to give a bond in such amount,
16 . on such terms, and with such sureties as may be deemed satisfactory to the District Board to
17 secure the performance by the treasurer of his or her powers and duties, The financial
18 records of the District Board shall be audited by an independent certified public accountant
19 at least once a year.
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21 (3) The District Board is authorized to select as a depository for its funds any qualified
22 public depository as defined in s. 280,02 which meets all the requirements of chapter 280
23 and has been designated by the Treasurer as a qualified public depository, upon such terms
24 and conditions as to the payment of interest by such depository upon the funds so deposited
25, as the District Board may deem just and reasonable,
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28 Section 8, General Powers
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30 The Commission hereby grants to Quantum Park Overlay Dependent District general
31 powers as hereinafter defined, and hereby finds that it is in the public interest of the citizens
32 of the City to grant such general powers, The District shall have, and the District Board may
33 exercise, the following general powers:
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35 (1) To sue and be sued in the name of the District; to adopt and use a seal and authorize
36 the use of a facsimile thereof; to acquire, by purchase, gift, devise, or otherwise, and to
37 dispose of, real and personal property, or any estate therein; and to make and execute
38 contracts and other instruments necessary or convenient to the exercise of its powers,
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40 (2) To contract for the services of consultants to perform planning, engineering, legal, or
41 other appropriate services of a professional nature, Such contracts shall be subject to public
42 bidding or competitive negotiation requirements as set forth in s, 190,033,
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44 (3) To borrow money and accept gifts; to apply for and use grants or loans of money or
45 other property from the United States, the state, a unit of local government, or any person for
46 any District purposes and enter into agreements required in connection therewith; and to
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1 hold, use, and dispose of such moneys or property for any District purposes in accordance
2 with the terms of the gift, grant, loan, or agreement relating thereto,
3 (4) To adopt rules and orders prescribing the powers, duties, and functions of the
4 officers of the District; the conduct of the business of the District; the maintenance of
5 records; and the form of certificates evidencing tax liens and all other documents and
6 records of the District. The District Board may also adopt administrative rules with respect
7 to any of the projects of the District and define the area to be included therein, The District
8 Board may also adopt resolutions that may be necessary for the conduct of District business,
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10 (5) To hold, control, and acquire by donation, purchase, or condemnation, or dispose of,
11 any public easements, dedications to public use, platted reservations for public purposes, or
12 any reservations for those purposes authorized by this Ordinance and to make use of such
13 easements, dedications, or reservations for any of the purposes authorized by this Ordinance,
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15 (6) To lease as lessor or lessee to or from any person, firm, corporation, association, or
16 body, public or private, any projects of the type that the District is authorized to undertake
17 and facilities or property of any nature for the use of the District to carry out any of the
18 purposes authorized by this act.
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21 (7) To borrow money and issue bonds, certificates, warrants, notes, or other evidence of
22 indebtedness as hereinafter provided; to levy such tax and special assessments as may be
23 authorized; and to charge, collect, and enforce fees and other user charges,
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25 (8) To raise, by user charges or fees authorized by resolution of the District Board,
26 amounts of money which are necessary for the conduct of the District activities and services
27 and to enforce their receipt and collection in the manner prescribed by resolution not
28 inconsistent with law,
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30 (9) To exercise within the District, or beyond the District with prior approval by
31 resolution of the City if the taking will occur in an area of the City or with prior approval by
32 resolution of the governing body of the affected jurisdiction if the taking will occur within
33 some jurisdiction outside the City, the right and power of eminent domain, pursuant to the
34 provisions of chapters 73 and 74, over any property within the state, except municipal,
35 county, state, and federal property, for the uses and purposes of the District relating to water,
36 sewer, water management, district roads, utility provisions, and any other projects of the
37 district authorized by this Ordinance, specifically including, without limitation, the power
38 for the taking of easements for the drainage of the land of one person over and through the
39 land of another.
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41 (10) To cooperate with, or contract with, other governmental agencies as may be
42 necessary, convenient, incidental, or proper in connection with any of the powers, duties, or
43 purposes authorized by this acl.
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45 (11) To determine, order, levy, impose, collect, and enforce special assessments pursuant
46 to Chapter 170, F,S, Such special assessments may, in the discretion of the District, be;
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levied, collected and enforced pursuant to the provisions of Chapters 197,3631, 197.3632,
and 197,3635, or Chapter 170, F,S"
(12) To finance, fund, plan, establish, acquire, construct or reconstruct, enlarge or extend,
equip, operate, and maintain systems, facilities, and basic infrastructures for the following:
(a) Water management and control for the lands within the District and to connect some
or any of such facilities with roads and bridges,
(b) Water supply, sewer, and wastewater management, irrigation, reclamation, and reuse
or any combination thereof, and to construct and operate connecting intercepting or outlet
sewers and sewer mains and pipes and water mains, conduits, or pipelines in, along, and
under any street, alley, highway, or other public place or ways, and to dispose of any
effluent, residue, or other byproducts of such system or sewer system,
( c) Bridges or culverts that may be needed across any drain, ditch, canal, floodway,
holding basin, excavation, public highway, tract, grade, fill, or cut and roadways over levees
and embankments, and to construct any and all of such works and improvements across,
through, or over any public right-of-way, highway, grade, fill, or cut.
(d) District roads equal to or exceeding the specifications of the County, and traffic
control signs and streetlights,
(e) Investigation and remediation costs associated with the cleanup of actual or
perceived environmental contamination within the District under the supervision or direction
of a competent governmental authority unless the covered costs benefit any person who is a
landowner within the District and who caused or contributed to the contamination,
(1) Parks and facilities for indoor and outdoor recreational, cultural, and educational
uses,
(g) Security, including, but not limited to, guardhouses, fences and gates, electronic
intrusion-detection systems except that the District may not exercise any police power, but
may contract with the appropriate local general-purpose government agencies for an
increased level of such services within the District boundaries,
(h) To adopt and enforce appropriate rules following the procedures of chapter 120, in
connection with the provision of one or more services through its systems and facilities,
(13) To exercise all of the powers necessary, convenient, incidental, or proper In
connection with any of the powers, duties, or purposes authorized by this Ordinance,
Section 9, Budgets
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I On or before each July 15, the District Manager (or the District Board) shall prepare a
2 proposed budget for the ensuing fiscal year to be submitted to the District Board for
3 approval. The proposed budget shall include at the direction of the District Board an
4 estimate of all necessary expenditures of the District for the ensuing fiscal year and an
5 estimate of income to the District from the taxes and assessments provided in this act. The
6 District Board shall consider the proposed budget item by item and may either approve the
7 budget as proposed or modify the same in part or in whole, The District Board shall indicate
8 its approval of the budget by resolution, which resolution shall provide for a hearing on the
9 budget as approved, Notice of the hearing on the budget shall be published in a newspaper
10 of general circulation in the area of the District once a week for 2 consecutive weeks, except
II that the first publication shall be not fewer than 15 days prior to the date of the hearing, The
12 notice shall further contain a designation of the day, time, and place of the public hearing,
13 At the time and place designated in the notice, the District Board shall hear all objections to
14 the budget as proposed and may make such changes as the District Board deems necessary,
15 At the conclusion of the budget hearing, the District Board shall, by resolution, adopt the
16 budget as finally approved by the District Board, The budget shall be adopted prior to
17 October 1 of each year.
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19 Section 10, Financial Reports; Disclosure of public financing,
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21 (1) The District shall provide financial reports in such form and such manner as prescribed
22 pursuant to chapter 218,
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24 (2) The District Board shall take affirmative steps to provide for the full disclosure of
25 information relating to the public financing and maintenance of improvements to real
26 property undertaken by the District. Such information shall be made available to all existing
27 residents, and to all prospective residents of the District whenever possible,
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29 Section 11. Issuance of bond anticipation notes,
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31 In addition to the other powers provided for in this Ordinance, and not in limitation thereof,
32 the district shall have the power, at any time, and from time to time after the issuance of any
33 bonds of the District shall have been authorized, to borrow money for the purposes for
34 which such bonds are to be issued in anticipation of the receipt of the proceeds of the sale of
35 such bonds and to issue bond anticipation notes in a principal sum not in excess of the
36 authorized maximum amount of such bond issue, Such notes shall be in such denomination
37 or denominations, bear interest at such rate as the District Board may determine in
38 compliance with s, 215,84, mature at such time or times not later than 5 years from the date
39 of issuance, and be in such form and executed in such manner as the District Board shall
40 prescribe, Such notes may be sold at either public or private sale or, if such notes shall be
41 renewal notes, may be exchanged for notes then outstanding on such terms, as the District
42 Board shall determine, Such notes shall be paid from the proceeds of such bonds when
43 issued, The District Board may, in its discretion, in lieu of retiring the notes by means of
44 bonds, retire them by means of current revenues or from any taxes or assessments levied for
45 the payment of such bonds; but in such event a like amount of the bonds authorized shall not
46 be issued,
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3 Section 12, Short-term borrowing
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5 The District at any time may obtain loans, in such amount and on such terms and conditions
6 as the District Board may approve, for the purpose of paying any of the expenses of the
7 District or any costs incurred or that may be incurred in connection with any of the projects
8 of the District, which loans shall bear such interest as the District Board may determine in
9 compliance with s, 215,84, and may be payable from and secured by a pledge of such funds,
10 revenues, taxes, and assessments as the District Board may determine, subject, however, to
II the provisions contained in any proceeding under which bonds were theretofore issued and
12 are then outstanding, For the purpose of defraying such costs and expenses, the District may
13 issue negotiable notes, warrants, or other evidences of debt to be payable at such times, to
14 bear such interest as the District Board may determine in compliance with s. 215,84, and to
15 be sold or discounted at such price or prices not less than 95 percent of par value and on
16 such terms as the District Board may deem advisable. The District Board shall have the
17 right to provide for the payment thereof by pledging the whole or any part of the funds,
18 revenues, taxes, and assessments of the District. The approval of the electors residing in the
19 District shall not be necessary except when required by the State Constitution,
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21 Section 13, Bonds
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23 Section 190,016(1) through 190.016(15) F,S, as amended and supplemented IS hereby
24 incorporated by reference,
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26 Section 14, Trust agreements
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28 Any issue of bonds shall be secured by a trust agreement by and between the District and a
29 corporate trustee or trustees, which may be any trust company or bank having the powers of
30 a trust company within or without the state, The resolution authorizing the issuance of the
31 bonds or such trust agreement may pledge the revenues to be received from any projects of
32 the District and may contain such provisions for protecting and enforcing the rights and
33 remedies of the bondholders as the District Board may approve, including, without
34 limitation, covenants setting forth the duties of the District in relation to: the acquisition,
35 construction, reconstruction, improvement, maintenance, repair, operation, and insurance of
36 any projects; the fixing and revising of the rates, fees, and charges; and the custody,
37 safeguarding, and application of all moneys and for the employment of consulting engineers
38 or other professionals in connection with such acquisition, construction, reconstruction,
39 improvement, maintenance, repair, or operation, It shall be lawful for any bank or trust
40' company within or without the state that may act as a depository of the proceeds of bonds or
41 of revenues to furnish such indemnifying bonds or to pledge such securities as may be
42 required by the District. Such resolution trust agreement may set forth the rights and
43 remedies of the bondholders and of the trustee, if any, and may restrict the individual right
44 i of action by bondholders, The District Board may provide for the payment of proceeds of
45 the sale of the bonds and the revenues of any project to such officer, board, or depository as
46 it may designate for the custody thereof and may provide for the method of disbursement
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I thereof with such safeguards and restrictions as it may determine, All expenses incurred in
2 carrying out the provisions of such resolution or trust agreement may be treated as part of
3 the cost of operation of the project to which such trust agreement pertains,
4
5 Section 15, Taxes; non-ad valorem assessments
6
7 (I) AD VALOREM TAXES,--The District shall not have the power to levy and assess ad
8 valorem taxes,
9
10 (2) BENEFIT SPECIAL ASSESSMENTS,--The District Board shall annually determine,
II order, and levy the annual installment of the total benefit special assessments for bonds
12 issued and related expenses to finance District facilities and projects which are levied under
13 this Ordinance, These assessments may be due and collected during each year that county
14 taxes are due and collected, in which case such annual installment and levy shall be
15 evidenced to and certified to the Property Appraiser by the District Board not later than
16 August 31 of each year, and such assessment shall be entered by the Property Appraiser on
17 the County tax rolls, and shall be collected and enforced by the Tax Collector in the same
18 manner and at the same time as County taxes, and the proceeds thereof shall be paid to the
19 District. However, this subsection shall not prohibit the District in its discretion from using
20 the method prescribed in either Chapter 197.363 or 197.3632, F,S, for collecting and
21 enforcing these assessments, These benefit special assessments shall be a lien on the
22 property against which assessed until paid and shall be enforceable in like manner as County
23 taxes, The amount of the assessment for the exercise of the District's powers under this
24 Ordinance shall be determined by the District Board based upon a report of the District's
25 engineer and assessed by the District Board upon such lands, which may be part or all of the
26 lands within the District benefited by the improvement, apportioned between benefited lands
27 in proportion to the benefits received by each tract ofland,
28
29 (3) MAINTENANCE SPECIAL ASSESSMENTS,--To maintain and preserve the facilities
30 and projects of the District, the District Board may levy a maintenance special assessment.
31 This assessment may be evidenced to and certified to the Property Appraiser by the District
32 Board not later than August 31 of each year and shall be entered by the Property Appraiser
33 on the County tax rolls and shall be collected and enforced by the Tax Collector in the same
34 manner and at the same time as County taxes, and the proceeds there from shall be paid to
35 the District. However, this subsection shall not prohibit the District in its discretion from
36 using the method prescribed in either Chapter 197,363 or 197.3632 for collecting and
37 enforcing these assessments, These maintenance special assessments shall be a lien on the
38 property against which assessed until paid and shall be enforceable in like manner as County
39 taxes, The amount of the maintenance special assessment for the exercise of the District's
40 powers under this Ordinance shall be determined by the District Board based upon a report
41 of the district's engineer and assessed by the District Board upon such lands, which may be
42 all of the lands within the District benefited by the maintenance thereof, apportioned
43 between the benefited lands in proportion to the benefits received by each tract ofland,
44
45 (4) ENFORCEMENT OF TAXES,--The collection and enforcement of all taxes levied by
46 the District shall be at the same time and in like manner as County taxes, and the provisions
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I of the Florida Statutes relating to the sale of lands for unpaid and delinquent county taxes;
2 the issuance, sale, and delivery of tax certificates for such unpaid and delinquent County
3 taxes; the redemption thereof; the issuance to individuals of tax deeds based thereon; and all
4 other procedures in connection therewith shall be applicable to the district to the same extent
5 as if such statutory provisions were expressly set forth herein, All taxes shall be subject to
6 the same discounts as County taxes,
7
8 (5) WHEN UNPAID TAX IS DELINQUENT; PENALTY.--AlI taxes provided for in this
9 act shall become delinquent and bear penalties on the amount of such taxes in the same
10 manner as County taxes,
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12 (6) TAX EXEMPTION,--AlI bonds issued hereunder and interest paid thereon and all fees,
13 charges, and other revenues derived by the District from the projects provided by this
14 Ordinance are exempt from all taxes by the state or by any political subdivision, agency, or
15 instrumentality thereof; however, any interest, income, or profits on debt obligations issued
16 hereunder are not exempt from the tax imposed by Chapter 220, Further, the District is not
17 exempt from the provisions of Chapter 212,
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19 (7) STATUS OF ASSESSMENTS,nBenefit special assessments, maintenance special
20 assessments, and special assessments are non-ad valorem assessments as defined by Chapter
21 197.3632, F,S,
22
23 (8) ASSESSMENTS CONSTITUTE LIENS; COLLECTION,nBenefit special assessments
24 and maintenance special assessments authorized by this Ordinance shall constitute a lien on
25 the property against which assessed from the date of imposition thereof until paid, coequal
26 with the lien of state, county, municipal, and school board taxes, These non-ad valorem
27 assessments may be collected, at the District's discretion, by the Tax Collector pursuant to
28 the provisions of Chapter 197.363 or 197.3632, F,S" or in accordance with other collection
29 measures provided by law,
30
31 (9) LAND OWNED BY GOVERNMENTAL ENTITY.--Except as otherwise provided by
32 law, no levy of non-ad valorem assessments under this Ordinance, or Chapter 170, Chapter
33 197, or otherwise, by a District Board on property of a governmental entity that is subject to
34 a ground lease as described in Chapter 190,003(13), F,S, shall constitute a lien or
35 encumbrance on the underlying fee interest of such governmental entity,
36
37 Section 16, Special assessments
38
39 (I) The District Board may levy special assessments for the construction, reconstruction,
40 acquisition, or maintenance of District facilities authorized under this Ordinance using the
41 procedures for levy and collection provided in Chapter 170 or Chapter 197, F,S,
42
43 (2) Notwithstanding the provisions of Chapter] 70,09, F,S" District assessments may be
44 made payable in no more than 30 yearly installments,
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I Section 17, Issuance of certificates of indebtedness based on assessments for
2 assessable improvements; assessment bonds
3
4 (1) The District Board may, after any assessments for assessable improvements are made,
5 determined, and confirmed as provided in this Ordinance, issue certificates of indebtedness
6 for the amount so assessed against the abutting property or property otherwise benefited, as
7 the case may be; and separate certificates shall be issued against each part or parcel of land
8 or property assessed, which certificates shall state the general nature of the improvements
9 for which the assessment is made, The certificates shall be payable in annual installments in
10 accordance with the installments of the special assessment for which they are issued, The
11 District Board may determine the interest to be borne by such certificates, in compliance
12 with Chapter 215,84, F,S, and may sell such certificates at either private or public sale and
13 determine the form, manner of execution, and other details of such certificates, The
14 certificates shall recite that they are payable only from the special assessments levied and
15 collected from the part or parcel of land or property against which they are issued. The
16 proceeds of such certificates may be pledged for the payment of principal of and interest on
17 any revenue bonds or general obligation bonds issued to finance in whole or in part such
18 assessable improvement, or, if not so pledged, may be used to pay the cost or part of the cost
19 of such assessable improvements.
20
21 (2) The District may also issue assessment bonds or other obligations payable from a
22 special fund into which such certificates of indebtedness referred to in the preceding
23 subsection may be deposited; or, if such certificates of indebtedness have not been issued,
24 the District may assign to such special fund for the benefit ofthe holders of such assessment
25 bonds or other obligations, or to a trustee for such bondholders, the assessment liens
26 provided for in this act unless such certificates of indebtedness or assessment liens have
27 been theretofore pledged for any bonds or other obligations authorized hereunder. In the
28 event of the creation of such special fund and the issuance of such assessment bonds or other
29 obligations, the proceeds of such certificates of indebtedness or assessment liens deposited
30 therein shall be used only for the payment of the assessment bonds or other obligations
31 issued as provided in this section, The District is authorized to covenant with the holders of
32 such assessment bonds or other obligations that it will diligently and faithfully enforce and
33 collect all the special assessments and interest and penalties thereon for which such
34 certificates of indebtedness or assessment liens have been deposited in or assigned to such
35 fund; to foreclose such assessment liens so assigned to such special fund or represented by
36 the certificates of indebtedness deposited in the special fund, after such assessment liens
37 have become delinquent, and deposit the proceeds derived from such foreclosure, including
38 interest and penalties, in such special fund; and to make any other covenants deemed
39 necessary or advisable in order to properly secure the holders of such assessment bonds or
40 other obligations,
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42 (3) The assessment bonds or other obligations issued pursuant to this section shall have
43 such dates of issue and maturity as shall be deemed advisable by the District Board;
44 however, the maturities of such assessment bonds or other obligations shall not be more than
45 2 years after the due date of the last installment which will be payable on any of the special
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I assessments for which such assessment liens, or the certificates of indebtedness representing
2 such assessment liens, are assigned to or deposited in such special fund,
3
4 (4) Such assessment bonds or other obligations issued under this section shall bear such
5 interest as the District Board may determine, not to exceed a rate which is in compliance
6 with Chapter 215,84, F,S" and shall be executed, shan have such provisions for redemption
7 prior to maturity, shall be sold in the manner and be subject to all of the applicable
8 provisions contained in this Ordinance for revenue bonds, except as the same may be
9 inconsistent with the provisions of this section,
10
11 (5) An assessment bonds or other obligations issued under the provisions of this Ordinance,
12 except certificates of indebtedness issued against separate lots or parcels of land or property
13 as provided in this section, shall be and constitute and shall have an the qualities and
14 incidents of negotiable instruments under the law merchant and the laws of the state,
15
16 Section 18, Tax liens
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18 All taxes of the District provided for in this Ordinance, together with all penalties for default
19 in the payment of the same and all costs in collecting the same, including a reasonable
20 attorney's fee fixed by the court and taxed as a cost in the action brought to enforce payment,
21 shall, from January I for each year the property is liable to assessment and until paid,
22 constitute a lien of equal dignity with the liens for state and county taxes and other taxes of
23 equal dignity with state and county taxes upon an the lands against which such taxes shall be
24 levied, A sale of any of the real property within the district for state and county or other
25 taxes shan not operate to relieve or release the property so sold from the lien for subsequent
26 District taxes or installments of District taxes, which lien may be enforced against such
27 property as though no such sale thereof had been made, The provisions of Chapters 194,171,
28 197,122,197.333, and 197.432, F,S, shall be applicable to District taxes with the same force
29 and effect as if such provisions were expressly set forth in this Ordinance,
30
31 Section 19, Payment of taxes and redemption of tax liens by the District; sharing in
32 proceeds oftax sale
33
34 (I) The District has the right to:
35
36 (a) Pay any delinquent state, county, district, municipal, or other tax or assessment upon
37 lands located whony or partially within the boundaries ofthe District; and
38 (b) To redeem or purchase any tax sales certificates issued or sold on account of any state,
39 county, district, municipal, or other taxes or assessments upon lands located wholly or
40 partially within the boundaries of the District.
41
42 (2) Delinquent taxes paid, or tax sales certificates redeemed or purchased, by the District,
43 together with an penalties for the default in payment of the same and all costs in collecting
44 the same and a reasonable attorney's fee, shall constitute a lien in favor of the district of
45 ! equal dignity with the liens of state and county taxes and other taxes of equal dignity with
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I state and county taxes upon all the real property against which the taxes were levied, The
2 lien of the District may be foreclosed in the manner provided in this Ordinance,
3
4 (3) In any sale of land pursuant to Chapter 197,542, F,S, and amendments thereto, the
5 District may certify to the clerk of the circuit court of the County holding such sale the
6 amount of taxes due to the District upon the lands sought to be sold; and the District shall
7 share in the disbursement of the sales proceeds in accordance the provisions of this
8 Ordinance and under the laws of the state,
9
10 Section 20, Foreclosure of liens
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12 Any lien in favor of the District arising under this Ordinance may be foreclosed by the
13 District by foreclosure proceedings in the name of the District in a court of competent
14 jurisdiction as provided by general law in like manner as is provided in Chapter 173, F,S,
15 and amendments thereto; the provisions of that chapter shall be applicable to such
16 proceedings with the same force and effect as if those provisions were expressly set forth in
17 this Ordinance, Any act required or authorized to be done by or on behalf of the District in
18 foreclosure proceedings under Chapter 173 may be performed by such officer or agent of the
19 District as the Board of Supervisors may designate, Such foreclosure proceedings may be
20 brought at any time after the expiration of I year from the date any tax, or installment
21 thereof, becomes delinquent; however no lien shall be foreclosed against any political
22 subdivision or agency of the state, Other legal remedies shall remain available.
23
24 Section 21. Bids required
25
26 (1) No contract shall be let by the District Board for any goods, supplies, or materials to be
27 purchased when the amount thereof to be paid by the District shall exceed the amount
28 provided in Chapter 287.017, F,S, for category four, unless notice of bids shall be advertised
29 once in a newspaper in general circulation in the County, The District Board seeking to
30 construct or improve a public building, structure, or other public works shall comply with
31 the bidding procedures of Chapter 255,20, F,S, and other applicable general law, In each
32 case, the bid of the lowest responsive and responsible bidder shall be accepted unless all
33 bids are rejected because the bids are too high, or the District Board determines it is in the
34 best interests of the District to reject all bids, The District Board may require the bidders to
35 furnish bond with a responsible surety to be approved by the District Board, Nothing in this
36 section shall prevent the District Board from undertaking and performing the construction,
37 operation, and maintenance of any project or facility authorized by this Ordinance by the
38 employment of labor, material, and machinery,
39
40 (2) The provisions of the Consultants' Competitive Negotiation Act, Chapter 287,055, F,S,
41 apply to contracts for engineering, architecture, landscape architecture, or registered
42 surveying and mapping services let by the District Board,
43
44 (3) Contracts for maintenance services for any District facility or project shall be subject to
45 competitive bidding requirements when the amount thereof to be paid by the District
46 exceeds the amount provided in s, 287,017 for category four, The District shall adopt rules,
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I policies, or procedures establishing competJtJve bidding procedures for maintenance
2 services, Contracts for other services shall not be subject to competitive bidding unless the
3 i district adopts a rule, policy, or procedure applying competitive bidding procedures to said
4 contracts,
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Section 22, Fees, rentals, and charges; procedure for adoption and modifications;
minimum revenue requirements
(I) 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, recreational facilities, 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.
(2) 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, Rates, fees, rentals, and other charges shall be adopted under
the administrative ru1emaking authority of the District, but shall not apply to District leases,
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 and at least 10 days prior to such public
hearing, The rulemaking 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 District 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 shall be extended to cover any additional
users or properties thereafter served which shall fall in the same class, without the necessity
of any notice or hearing,
(3) Such rates, fees, rentals, and charges shall be just and equitable and uniform for users of
the same class, and when appropriate may be based or computed either upon the amount of
service furnished, upon the number of average number of persons residing or working in 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.
(4) The rates, fees, rentals, or other charges prescribed shall be such as will produce
revenues, together with any other assessments, taxes, revenues. or funds available or
pledged for such purpose, at least sufficient to provide for the items hereinafter listed, but
not necessarily in the order stated:
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I (a) To provide for all expenses of operation and maintenance of such facility or
2 servIce;
3
4 (b) To pay when due all bonds and interest thereon for the payment of which such
5 revenues are, or shall have been, pledged or encumbered, including reserves for such
6 purpose; and
7
8 (c) To provide for any other funds which may be required under the resolution or
9 resolutions authorizing the issuance of bonds pursuant to this Ordinance,
10
II (5) The District Board shall have the power to enter into contracts for the use of the projects
12 of the District and with respect to the services and facilities furnished or to be furnished by
13 the District.
14
15 Section 23, Recovery of delinquent charges
16
17 In the event that any rates, fees, rentals, charges, or delinquent penalties shall not be paid as
18 and when due and shall be in default for 60 days or more, the unpaid balance thereof and all
19 : interest accrued thereon, together with reasonable attorney's fees and costs, may be
20 recovered by the District in a civil action,
21
22 Section 24, Discontinuance of service
23
24 In the event the fees, rentals, or other charges for water and sewer services, or either of
25 them, are not paid when due, the board shall have the power, under such reasonable rules
26 and regulations as the board may adopt, to discontinue and shut off both water and sewer
27 services until such fees, rentals, or other charges, including interest, penalties, and charges
28 for the shutting off and discontinuance and the restoration of such water and sewer services
29 or both, are fully paid; and, for such purposes, the board may enter on any lands, waters, or
30 premises of any person, firm, corporation, or body, public or private, within the district
31 limits, Such delinquent fees, rentals, or other charges, together with interest, penalties, and
32 charges for the shutting off and discontinuance and the restoration of such services and
33 facilities and reasonable attorney's fees and other expenses, may be recovered by the district,
34 which may also enforce payment of such delinquent fees, rentals, or other charges by any
35 other lawful method of enforcement.
36
37 Section 25, Enforcement and penalties
38
39 The District Board or any aggrieved person may have recourse to such remedies in law and
40 at equity as may be necessary to ensure compliance with the provisions of this Ordinance,
41 including injunctive relief to enjoin or restrain any person violating the provisions of this
42 Ordinance or any bylaws, resolutions, regulations, rules, codes, or orders adopted under this
43 act. In case any building or structure is erected, constructed, reconstructed, altered, repaired,
44 converted, or maintained, or any building, structure, land, or water is used, in violation of
45 this Ordinance or of any code, order, resolution, or other regulation made under authority
46 conferred by this Ordinance or under law, the District Board or any citizen residing in the
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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.
Section 26, Suits against the District
Any suit or action brought or maintained against the District for damages arising out of tort,
including, without limitation, any claim arising upon account of an act causing an injury or
loss of property, personal injury, or death, shall be subject to the limitations provided in s,
768,28,
Section 27, Exemption of District property from execution
An District-owned 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; however,
nothing contained herein 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.
Section 28, The District is solely responsible for the implementation of special
assessments upon benefited property within the District's internal boundaries and shall
provide notice of said special assessments to an prospective purchasers of said property,
Section 29, If any clause, or other part or application of this Ordinance shall be
held in any court of competent jurisdiction to be unconstitutional or invalid, such
unconstitutional or invalid part or application shall be considered as eliminated and so not
affecting the validity of the remaining portions or applications which shan remain in full
force and effect.
Section 30,
provided by law,
This Ordinance shall take effect upon its' approval and signing as
19
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I
2 FIRST READING this ~ day of Dc-IOba- ,2005,
3
SECOND, FINAL READING AND PASSAGE this /8 day of Oe:robe.; 2005,
CITY OF BOYNTON BEACH, FLORIDA
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ATTEST:
, e Mayor
\
Commissioner
k t. ~Ju-I.~
Commissioner ' J
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QUANlUM PARK AT 8OVNlON BEAai. P.I.D.
SEC110NS 11. 17. 20 AND 21. ~P 45 SOUlH. RANGE 43 EAST
PALM BEAai COUNTY. FLORIDA
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QUANTUM COMMUNITY DEVELOPMENT DISTRICT
c/o: Special District Services, Inc.
11000 Prosperity Farms Road, Suite 104
Palm Beach Gardens, FL 33410
June 29, 2005
roJi ~ (; ~ Q W ~ rn1
UIJ I Jll - I 200i [!lj
i
Mr. Kurt Bressner
City Manager
City of Boynton Beach
P.O. Box 310
Boynton Beach, Fla. 33425-0310
OEPARTMENT OF OEVElOPMENT
RE: Quantum Overlay District
Dear Mr. Bressner:
On behalf of the Board of Supervisors of the Quantum Community Development District
(the "District"), please accept this letter as the formal petition of the District to the City
for the creation of a dependent district pursuant to the provisions of Chapter 189, Florida
Statutes. The boundaries of the proposed dependent district would be co-terminus with
the boundaries of the Quantum Park at Boynton Beach (the 'Park').
In support of this request, please consider the following. The original plan of the
Quantum Community Development District contemplated the development of an
industrial and commercial park. However, the land use of the District has changed over
time and residential development has been permitted in portions of the District. This has
created a 'mixed use' situation that will soon result in a voting dilemma.
Chapter 190, Florida Statutes provides for the election of Supervisors on the basis of one
vote per acre (or portion thereof) until 6 years have elapsed after the date of creation and
there are at least 250 qualified electors. Once these two conditions are met, the Board of
Supervisors begins to transition qualified electors onto the Board.
The District has surpassed the six year requirement and most likely has in excess of 250
registered voters. This is now being evaluated. Assuming there are in excess of 250
registered voters, the election currently scheduled for this November will begin to phase
in residents of the District onto the Board. This process will continue for the next several
years until all members of the Board of Supervisors are popularly elected from the
residential communities only. At that time, the commercial and industrial property
owners will have no representation on the Board.
Chapter 190, F.S. offers no option to this conversion of representation; therefore, the
Board of Supervisors of the District has developed a plan that offers fair representation
on the Board. If the City Commission would consider creating an overlay dependent
district co-terminus with the boundaries of the existing Park as indicated in the enclosed
ordinance, the Board has agreed to convey all of its assets to the overlay district.
"
.ir'
Kurt Bressner
City of Boynton Beach
June 29, 2005
Page 2
The overlay district would then be responsible for the operation and maintenance of the
public infrastructure previously owned by the Quantum CDD. As indicated in the
enclosed draft ordinance, the Board of the overlay district would be made up of
representatives of both the residential communities and the non residential communities.
The Quantum CDD would continue to exist only for the levy each year of the non ad
valorem assessments required to retire the outstanding debt of the District. Once the debt
has been satisfied, the Quantum CDD will have no reason to remain in existence and
dissolution procedures could be initiated.
In order to assist you in this matter, I have enclosed a form of an ordinance that would
accomplish the purposes stated herein. The City Attorney has previously reviewed this
proposed ordinance and if you like, I can forward the proposal ordinance and the
enclosed map and legal description to you electronically.
Given these circumstances, we request your favorable consideration of this request. We
are available to review this proposal in detail at your convenience.
Very truly yours,
,&~.
Peter L. Pimentel
District Manager
Enclosures
cc: Thomas McGillicuddy, Chairman
Bernard A. Conko, General Counsel