Loading...
AGENDA DOCUMENTS CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Meeting Dates Date Final Form Must be Turned in to City Clerk's Office Requested City Commission Meeting Dates Date Final Form Must be Turned in to City Clerk's Office September 6,2005 (Noon) D October 5, 2005 [gI October 18, 2005 D November 1 2005 D November 15,2005 September 19 2005 (Noon) D August 2. 2005 D August 16.2005 D September 6, 2005 D September 20, 2005 July 18,2005 (Noon.) August 1 2005 (Noon) October 3 2005 (Noon) August 15 2005 (Noon) October 17 2005 (Noon) October 31 2005 (NoonL (:) C) --t --'-1 -~:-{ -~~ :: D AdrmmstratIve D Development Plans -' ~ NATURE OF D Consent Agenda D New BusIness -- ~ -; AGENDA ITEM D Public HearIng [gI Legal -- -- ...... D Bids D Unfinished Business --.;--' ....j- ,-,) ---: rr1 """1> D Announcement D PresentatIOn no -'- D CIty Manager's Report RECOMMENDATION Please place thIS request on the October 18,2005 City COmmISSIOn Agenda under Legal, Ordmance-Second Reading. The City COmmISSIOn approved thIS Item under Legal, Ordmance-First Readmg on October 5, 2005 EXPLANATION The subject petItIOn has been subrrutted on behalf of the Board of Supervisors of the Quantum Community Development DIStrict. Quantum CDD was establIshed In 19910n the premise that Quantum will be built out as an mdustnal and commercial park. However, the land use In the DIStrIct has changed over tIme, penmtting residentIal development. The 'mixed-use situation IS about to create a votIng issue The votmg procedure stIpulated by the State law used to create the DIStrIct would eventually lead to a sItuatIOn whereby all members of the Board of SupervIsors are popularly elected from the residentIal communItIes only, WIth no representatIon of the commercial and mdustrIal property owners. Since Chapter 190 of the Flonda Statutes, wInch regulates Commumty Development DistrIcts, does not offer any options to this conversion of representatIOn, the Board of SupervIsors of the Quantum CDD IS seeking approval to create the Quantum Park Overlay Dependent DIStrict as a solutIOn to the problem. The boundanes of the proposed Dependent DIStrIct would be co-tenrunus WIth the boundaries of the Quantum Park at Boynton Beach (the 'Park') All assets of the Quantum CDD would be deeded to the new overlay district. The new overlay distrICt would then be responsible for the operatIOn and mamtenance of the pubhc mfrastructure prevIOusly owned by the Quantum CDD The Board of Supervisors of the overlay dIStrIct would be made up ofrepresentatives of both the residential commumtIes and the non resIdentIal commumtIes elected on the baSIS of land ownership. The Quantum CDD would continue to exist only to levy the non ad valorem assessments each year that are reqUIred to retIre the outstandmg debt of the DIStrICt. Once the debt has been satIsfied, the Quantum CDD will have no reason to remain m eXIstence and dIssolution procedures could be Imtiated. S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM The overlay dependent dIStrIct would operate ill the same manner as the eXIsting CDD except that the Board of SupervIsors can be removed by the CIty ComrmssIOn If and whenever the ComrmssIOn deems It necessary PROJECT AGENT PETITIONER. LOCATION Quantum Park Overlay Dependent District Peter L PImentel Board of SupervIsors of the Quantum Community Development DistrIct Quantum Park PROGRAM IMPACT FISCAL IMP ACT ALTERNATIVES. N/A N/A N/A City Manager's Signature De ld~ Planning and Zo g Drrector City Attorney / Finance / Human Resources S .\Planning\SHARED\ WP\sPECPROJ\CDD\Quantum Overlay District\Agenda Item Request Quantum Overlay district 2nd reading IO-18-05.dot S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC 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 on , 200_, and wluch PetitIOn IS on file at the Office of the City Clerk, IS hereby granted. The external boundaries of the DIStnCt shall be as depicted on the legal descnption and location map attached hereto and mcorporated as ExhibIt "AU Section 2. DefimtIOns. As used m tlus Ordinance, the term. (1) "Assessable Improvements" means, without lImitation, any and all publIc improvements and commumty facIlIties that the dIstnct is empowered to provide in accordance WIth tlus Ordmance. (2) "Assessment bonds" means speCIal oblIgatIOns of the district wluch are payable solely from proceeds ofthe speCIal assessments levied for an assessable project. (3) "Board" or "board of supemsors" means the governing board of the dIstnct or, If such board has been abolIshed, the board, body, or commISSIon succeeding to the pnncipal functions thereof or to whom the powers gIven to the board by tlus act have been gIven by law (4) "Bond" mcludes "certIficate," and the proVlSlOns that are applIcable to bonds are equally applIcable to certIficates. The term "bond" includes any general oblIgation bond, assessment bond, refundmg bond, revenue bond, and other such obligation in the nature of a bond as IS provided for m tlus Ordinance, as the case may be. (5) "CIty" means the City of Boynton Beach, Flonda, a Flonda mumcipalIty (6) "Cost," when used WIth reference to any project, mcludes, but is not lumted 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) EngIneenng, 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 francluses acquired. (g) Financmg charges. (h) The creation of initIal reserve and debt servIce funds. (i) Working capItal. 2 G) Interest charges incurred or estimated to be Incurred on money borrowed prior to and during construction and acquiSItion and for such reasonable penod of time after completion of construction or acqUIsition as the board may determine. (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) AdnllmstratIve expenses. (0) Such other expenses as may be necessary or inCIdental to the acquisItion, constructIOn, or reconstruction of any project or to the finanCing thereof, or to the development of any lands WIthin the dIStnCt. (P) Payments, contributions, dedications, and any other exactions reqUIred as a condItion to receIve any government approval or permIt necessary to accomplish any dIStnCt purpose. (7) "County" means Palm Beach County, Flonda. (8) "DIStnCt" means the Quantum Park Overlay Dlstnct created by tlus Ordinance. (9) "DIStnCt Manager" means the manager of the dIstrict. (10) "DIStnCt roads" means highways, streets, roads, alleys, sidewalks, landscaping, storm drams, bndges, 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, m addItion to those speCIal assessments levied for their discharge and such other sources as may be prOVIded for theIr payment or pledged as secunty under the resolutIon authonzing their issuance, of the full faith and credIt and tronng power of the dIStnCt and for payment of wlnch recourse may be had against the general fund of the dIStnCt. (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 Commumty Development DIStnCt 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 remaimng 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. 3 (14) "Ordinance" or "this Ordinance' means this Ordinance No _ of the City (15) "Project" means any development, improvement, property, utility, facility, works, enterprise, or service now existing or hereafter undertaken or established under the provISIons of thIS Ordmance. (16) "Refundmg bonds" means bonds Issued to refinance outstandmg bonds of any type and the interest and redemption premium thereon. Refunding bonds shall be issuable and payable m the same manner as the refinanced bonds, except that no approval by the electorate shall be reqUIred unless reqUIred by the State ConstItution. (17) "Revenue bonds" means oblIgatIOns of the dIStrict which are payable from revenues denved from sources other than ad valorem taxes on real or tangible personal property and winch do not pledge the property, credit, or general assessment revenue of the dIStriCt. (18) "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 havmg the present capaCIty for future use m connectIon WIth the collectIOn, treatment, purification, or disposal of sewage, mcludmg, WIthOut linlltation, mdustnal wastes resultmg from any process of mdustry, manufacture, trade, or busmess or from the development of any natural resource. Without limItmg the generalIty of the foregomg, the term "sewer system" mcludes treatment plants, pumpmg statIons, lIft stations, valves, force mams, mterceptmg sewers, laterals, pressure lmes, mams, and all necessary appurtenances and eqUIpment; all sewer maIns, laterals, and other devices for the receptIon and collection of sewage from prenuses connected thereWIth, and all real and personal property and any mterest therem, nghts, easements, and franclnses of any nature relatmg to any such system and necessary or convement for operatIOn thereof. (19) "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, utihzatIon, and disposal of water, and any purposes appurtenant, necessary, or mCIdental thereto The term "water management and control facihties" includes all real and personal property and any interest therem, nghts, easements, and franclnses of any nature relatmg to any such water management and control facilitIes or necessary or convenient for the acquisitIOn, constructIon, reconstruction, operatIon, or mamtenance thereof. (20) "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 Without hmiting the generality of the foregoing, the term "water system" includes dams, 4 reservoirs, storage, tanks, mains, bnes, 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 relating to any such system and necessary or convenient for the operation thereof. SectIon 3 DIstrict Name The name of the Dlstnct shall be "Quantum Park Overlay Dependent DIstrict" Section 4 InItial Board Members The Imtial 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 AI Slaman 4 Thomas McGillIcuddy 5 Igor Olemcoff SectIOn 5 Purpose The DIstrict IS created for the purposes set forth m and prescribed m the PetitIon. SectIon 6 Board of SupervIsors; Members, Election of Members, and Meetmgs. The Distnct Board shall exercIse the powers granted to the Distnct pursuant to this Ordmance. The Dlstnct Board shall consist of five members. Except as otherwIse provided herem, each member shall hold office for a term of four years and until a successor IS chosen and qualIfies. The members of the Dlstnct Board must be reSIdents of the State of Flonda and citIzens of the United States. (1) (a) WithIn 90 days following the effectIve date of thIs Ordmance establIshing the Dlstnct, there shall be held a meetmg of all landowners of the Distnct for the purpose of electing five members for the Dlstnct Board. NotIce of the landowners' meeting shall be published once a week for 2 consecutIve weeks m a newspaper which is in general cIrculatIOn m 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 orgamze 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 5 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 votmg. A landowner may vote m person or by a proxy given m wntmg. The two candIdates receIvmg the highest number of votes shall be elected for a penod of four years, and the three candidates receIvmg the next hIghest number of votes shall be elected for a penod of two years. The members of the first DIStrict Board elected by landowners shall serve theIr respectIve 4-year or 2-year terms, however, the next election by landowners shall be on the first Tuesday in the first November following the expiration of the initially elected 2-year terms. Thereafter, there shall be an election of Board members for the District every 2 years on the first Tuesday m November At each election followmg the initial electiOn, the two candIdates receIving the highest number of votes shall be elected to serve for a 4-year term, and the remaining candidate shall be elected to serve for a 2-year term. (2) Upon entering mto office, members of the district board shall take and subscribe to the oath of office as prescribed by s. 876 05 They shall hold office for the terms for wluch they were elected or appomted and until their successors are chosen and quahfied. If, dunng the term of office, a vacancy occurs, the remaining members of the DIstnCt Board shall fill the vacancy by an appomtment for the remamder of the unexpIred term. During theIr unexpIred terms, members of the Board may be removed at Will by action of the governing body of the CIty (3) A majonty of the members of the DIstnCt Board constItutes a quorum for the purposes of conductmg its business and exercising its powers and for all other purposes. ActIon taken by the DIstnCt shall be upon a vote of a majonty of the members present unless general law or a rule of the DIStnct reqUIres a greater number (4) As soon as practIcable after each electIon or appomtment, the Distnct Board shall orgamze by electmg one of Its members as chaIr and by electmg a secretary, who need not be a member of the DIstnct Board, and such other officers as the DIstrict Board may deem necessary (5) The DIStrict Board shall keep a permanent record book entitled "Record of Proceedmgs of Quantum Park Overlay Dependent Distnct," m wluch shall be recorded mmutes of all meetmgs, resolutIons, proceedings, certificates, bonds gIVen by all employees, and any and all corporate acts. The record book shall at reasonable times be opened to mspectIon in the same manner as state, county, and municipal records pursuant to chapter 119 The record book shall be kept at the office or other regular place of business maintained by the District Board in Palm Beach County (6) Each supemsor shall be entitled to receIve for his or her services an amount not to exceed $200 per meeting of the board of supervIsors, not to exceed $4,800 per year per 6 supervIsor, or an amount established by the electors at referendum. In addItion, each supervisor shall receive travel and per diem expenses as set forth in s. 112.061 (7) All meetings of the DIstrict Board shall be open to the publIc and governed by the prOVISIons of chapter 286 SectIOn 7 Board of SupervIsors, General Duties. (1) The DIStnCt Board shall employ, and fix the compensation of, a dIstnCt manager The distnct manager shall have charge and supervision of the works of the Distnct and shall be responsible for preservIng and maintaining any Improvement or facIlIty constructed or erected pursuant to the proVISIons of this Ordmance, for maintaining and operatmg the equipment owned by the District, and for performing such other duties as may be prescribed by the District Board. The district manager may hire or otherwise employ and terminate the employment of such other persons, includIng, WIthout lImItation, professional, supervISOry, and clerical employees, as may be necessary and authonzed by the Distnct Board. The compensatIOn and other condItions of employment of the officers and employees of the DIStnCt shall be as prOVIded by the DIStnCt Board. (2) The DIStnCt Board shall deSIgnate a person who IS a reSIdent of the state as treasurer of the DIstnCt, who shall have charge of the funds of the dIStnCt. Such funds shall be dIsbursed only upon the order, or pursuant to the resolutIOn, of the Distnct Board by warrant or check countersIgned by the treasurer and by such other person as may be authonzed by the DIStnCt Board. The DIStnCt Board may give the treasurer such other or addItIonal powers and dutIes as the DIstnct Board may deem appropnate and may fix lus or her compensation. The DIStnCt Board may reqUIre the treasurer to give a bond m such amount, on such terms, and WIth such sureties as may be deemed satisfactory to the DIStnCt Board to secure the performance by the treasurer of lus or her powers and duties. The finanCIal records of the DIStnct Board shall be audIted by an mdependent certIfied publIc accountant at least once a year (3) The Distnct Board IS authonzed to select as a depository for its funds any qualified publIc depository as defmed in s. 280 02 which meets all the reqUIrements of chapter 280 and has been designated by the Treasurer as a qualIfied public depOSItory, upon such terms and conditions as to the payment of mterest by such depOSItOry upon the funds so deposIted as the DIStnCt Board may deem just and reasonable. SectIOn 8 General Powers The CommiSSIOn hereby grants to Quantum Park Overlay Dependent District general powers as hereinafter defined, and hereby finds that it is in the publIc mterest of the CItizens of the City to grant such general powers. The DIStnct shall have, and the District Board may exercise, the followmg general powers 7 (1) To sue and be sued in the name of the District; to adopt and use a seal and authorize the use of a facsimile thereof; to acquire, by purchase, gift, devise, or otherwise, and to dIspose of, real and personal property, or any estate therein, and to make and execute contracts and other Instruments necessary or convenient to the exercise of its powers. (2) To contract for the services of consultants to perform planmng, engineenng, legal, or other appropnate servIces of a professional nature Such contracts shall be subject to publIc bIddIng or competItive negotIatIon requirements as set forth In s. 190033 (3) To borrow money and accept gifts; to apply for and use grants or loans of money or other property from the Umted States, the state, a urnt of local government, or any person for any DIStrict purposes and enter into agreements required In connection thereWIth, and to hold, use, and dIspose of such moneys or property for any DIStnCt purposes in accordance WIth the terms of the gift, grant, loan, or agreement relatIng thereto (4) To adopt rules and orders prescribIng the powers, dutIes, and functIons of the officers of the Distnct; the conduct of the bUSIness of the Distnct; the maIntenance of records; and the form of certIficates eVIdencing tax liens and all other documents and records of the DIStnCt. The DIStnCt Board may also adopt awmmstratIve rules WIth respect to any of the projects of the DIStnct and define the area to be Included therein. The DlstnCt Board may also adopt resolutIons that may be necessary for the conduct of DIStnct bUSIness. (5) To hold, control, and acquire by donatIon, purchase, or condemnation, or dIspose of, any pubhc easements, dedIcatIons to pubhc use, platted reservations for pubhc purposes, or any reservatIons for those purposes authonzed by t1us OrdInance and to make use of such easements, dedIcatIOns, or reservatIOns for any of the purposes authonzed by thIs Ordinance. (6) 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 DIStnCt is authonzed to undertake and facIhties or property of any nature for the use of the Distnct to carry out any of the purposes authorized by tlns act. (7) To borrow money and Issue bonds, certificates, warrants, notes, or other evidence of mdebtedness as heremafter prOVIded, to levy such tax and special assessments as may be authorized, and to charge, collect, and enforce fees and other user charges. (8) To raIse, by user charges or fees authonzed by resolution of the Distnct Board, amounts of money w1uch are necessary for the conduct of the District activitIes and services and to enforce their receipt and collectIOn in the manner prescribed by resolution not InCOnSIstent with law 8 (9) To exercise within the DIStnCt, or beyond the District with prior approval by resolution of the City if the taking will occur in an area of the City or wIth prior approval by resolutIOn of the govermng body of the affected JurisdictIOn If the taking will occur within some jurisdIction outside the CIty, the nght and power of eminent domam, pursuant to the proviSIOns of chapters 73 and 74, over any property wlthm the state, except municipal, county, state, and federal property, for the uses and purposes of the District relatmg to water, sewer, water management, distnct roads, utility proVIsions, and any other projects of the distnct authonzed by tills Ordinance, specifically mc1uding, without limitation, the power for the taking of easements for the dramage of the land of one person over and through the land of another (10) To cooperate with, or contract WIth, other governmental agenCIes as may be necessary, convenient, mCldental, or proper m connectIOn with any of the powers, duties, or purposes authorized by this act. (11) To determme, order, levy, Impose, collect, and enforce speCIal assessments pursuant to Chapter 170, F.S Such speCIal assessments may, m the dIscretion of the DlstnCt, be; 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 maintam systems, faCIlIties, and basIC infrastructures for the followmg: (a) Water management and control for the lands wlthm the DIStriCt and to connect some or any of such facilities with roads and bndges. (b) Water supply, sewer, and wastewater management, Irrigation, reclamation, and reuse or any combmation thereof, and to construct and operate connecting intercepting or outlet sewers and sewer mams and pipes and water mains, conduits, or pIpelines in, along, and under any street, alley, highway, or other pubhc place or ways, and to dIspose of any effiuent, residue, or other byproducts of such system or sewer system. (c) Bridges or culverts that may be needed across any dram, ditch, canal, floodway, holdmg basm, 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 pubhc right-of-way, hIghway, grade, fill, or cut. (d) DIStnct roads equal to or exceedmg the speCIfications of the County, and traffic control signs and streethghts. 9 (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 authonty unless the covered costs benefit any person who is a landowner withm the District and who caused or contributed to the contamination. (f) Parks and facllities for indoor and outdoor recreational, cultural, and educational uses. (g) Security, includmg, but not lImIted to, guardhouses, fences and gates, electromc mtrusIOn-detection systems except that the DIStnCt 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 appropnate rules following the procedures of chapter 120, in connection WIth the proVISIon of one or more servIces through Its systems and facllltIes. (13) To exerCIse all of the powers necessary, convement, mCIdental, or proper m connection WIth any of the powers, duties, or purposes authorized by tlus Ordmance. Section 9 Budgets On or before each July 15, the DIStnCt Manager (or the Distnct Board) shall prepare a proposed budget for the ensumg fiscal year to be submItted to the DIStnCt Board for approval. The proposed budget shall include at the direction of the DIStrict Board an estimate of all necessary expendItures of the DIStnCt for the ensuing fiscal year and an estimate of income to the Distnct from the taxes and assessments provided in this act. The DIStnCt Board shall consider the proposed budget item by Item and may either approve the budget as proposed or modIfy the same m part or in whole. The District Board shall indicate its approval of the budget by resolution, which resolution shall provide for a heanng on the budget as approved. Notice of the hearing on the budget shall be published in a newspaper of general circulation m the area of the DIStriCt once a week for 2 consecutive weeks, except that the first publication shall be not fewer than 15 days prior to the date of the heanng. The notice shall further contam a deSIgnation of the day, time, and 10 place of the public heanng. At the time and place designated in the notIce, the District Board shall hear all objections to the budget as proposed and may make such changes as the DIstrict Board deems necessary At the conclusIOn of the budget heanng, the DIstrict Board shall, by resolutIon, adopt the budget as finally approved by the DIstrict Board. The budget shall be adopted prior to October 1 of each year Section 10 FinanCIal Reports, DIsclosure of publIc financing. (l) The DIstrict shall proVIde finanCIal reports m such form and such manner as prescribed pursuant to chapter 218 (2) The District Board shall take affirmative steps to prOVIde for the full dIsclosure of mformatIon relatmg to the publIc financmg and mamtenance of Improvements to real property undertaken by the DIstrict. Such mformatIon shall be made available to all existing residents, and to all prospectIve reSIdents ofthe District whenever possible SectIOn 11 Issuance of bond antiCIpatIOn notes. In addItIon to the other powers proVIded for m thIS Ordinance, and not m 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 authonzed, to borrow money for the purposes for whIch such bonds are to be Issued m antIcIpatIon of the receIpt of the proceeds of the sale of such bonds and to Issue bond antiCIpatIon notes In a pnnclpal sum not in excess of the authonzed maxImum amount of such bond Issue. Such notes shall be m such denommatIon or denominatIons, bear interest at such rate as the DIstrict Board may determine m compliance WIth s. 215 84, mature at such time or tImes not later than 5 years from the date of Issuance, and be m such form and executed in such manner as the DIstrict 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 DIstrict Board shall determine. Such notes shall be paId from the proceeds of such bonds when issued. The DIstrict Board may, In ItS discretion, in lIeu of retmng 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 authonzed shall not be issued. 11 Section 12. Short-term borrowmg The Distnct at any tIme may obtam loans, m such amount and on such terms and condItIons as the DIStrIct Board may approve, for the purpose of paYIng any of the expenses of the Distnct or any costs mcurred or that may be incurred in connectIon with any of the projects of the DIStnct, wInch loans shall bear such mterest as the District Board may determme m comphance WIth s. 215 84, and may be payable from and secured by a pledge of such funds, revenues, taxes, and assessments as the District Board may determine, subject, however, to the prOVISIOns contamed in any proceedmg under wInch bonds were theretofore issued and are then outstandmg. For the purpose of defraymg such costs and expenses, the District may issue negotiable notes, warrants, or other eVIdences of debt to be payable at such tImes, to bear such mterest as the DIstnct Board may determine in compliance WIth s. 215.84, and to be sold or discounted at such price or pnces not less than 95 percent of par value and on such terms as the DIStrict Board may deem adVIsable. The DIStrIct Board shall have the nght to proVIde for the payment thereof by pledgmg the whole or any part of the funds, revenues, taxes, and assessments of the DistrIct. The approval of the electors resIdmg m the DIStrict shall not be necessary except when reqUIred by the State ConstitutIon. SectIon 13 Bonds SectIon 190016(1) through 190016(15) F.S as amended and supplemented IS hereby incorporated by reference. SectIon 14 Trust agreements Any issue of bonds shall 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 authorizmg 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 protectmg and enforcing the rights and remedIes of the bondholders as the Distnct Board may approve, including, Without hIDltation, covenants settmg forth the dutIes of the DIStnct in relation to the acquiSItion, constructIon, reconstructIon, improvement, maintenance, repair, operatIon, and Insurance of any projects; the fixmg and revising of the rates, fees, and charges; and the custody, safeguardIng, and apphcatIon of all moneys and for the employment of 12 consulting engIneers or other professIOnals 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 that 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 trust agreement may set forth the nghts and remedIes of the bondholders and of the trustee, If any, and may restrIct the inchvIdual right of actIOn by bondholders. The DIStrIct Board may provIde for the payment of 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 may provide 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 winch such trust agreement pertaIns. Section 15 Taxes; non-ad valorem assessments (I) AD VALOREM TAXES --The DIStrIct shall not have the power to levy and assess ad valorem taxes. (2) BENEFIT SPECIAL ASSESSMENTS --The DIStrIct Board shall annually determine, order, and levy the annual installment of the total benefit speCIal assessments for bonds Issued and related expenses to finance DIStrIct facilIties and projects winch are levied under tlns OrdInance. These assessments may be due and collected dunng each year that county taxes are due and collected, In whIch case such annual Installment and levy shall be eVIdenced to and certIfied to the Property Appraiser by the District Board not later than August 31 of each year, and such assessment shall be entered by the Property AppraIser on the County tax rolls, and shall be collected and enforced by the Tax Collector in the same manner and at the same time as County taxes, and the proceeds thereof shall be paid to the DIStrICt. However, tlns subsection shall not prohibit the DistrIct in its dIscretion from USIng the method prescribed in either Chapter 197.363 or 197.3632, F.S for collecting and enforCIng these assessments. These benefit special assessments shall be a lien on the property against which assessed until paId and shall be enforceable in like manner as County taxes. The amount of the assessment for the exercise of the DIStrICt'S powers under this Ordinance shall be determIned by the District Board based upon a report of the DIStrict'S engineer and assessed by the District Board upon such lands, winch may be part or all of the lands witinn the DIStriCt benefited by the Improvement, 13 apportIoned between benefited lands m proportIon to the benefits received by each tract of land. (3) MAINTENANCE SPECIAL ASSESSMENTS --To maintain and preserve the facilities and projects of the DIStrict, the DIStrict Board may levy a maintenance special assessment. This assessment may be evidenced to and certIfied to the Property AppraIser by the DIStnCt Board not later than August 31 of each year and shall be entered by the Property Appraiser on the County tax rolls and shall be collected and enforced by the Tax Collector m the same manner and at the same tIme as County taxes, and the proceeds there from shall be paId to the DIStriCt. However, this subsectIon shall not prohibIt the District in its discretion from usmg the method prescribed m eIther Chapter 197.363 or 197.3632 for collecting and enforcmg these assessments. These mamtenance specIal assessments shall be a lIen on the property agamst wluch assessed untIl paid and shall be enforceable in like manner as County taxes. The amount of the maintenance speCIal assessment for the exerCIse of the DIStnCt's powers under tlus Ordmance shall be detemuned by the Distnct Board based upon a report of the dIStnct'S engineer and assessed by the DIStriCt Board upon such lands, wluch may be all of the lands Wltlun the DIStrICt benefited by the maintenance thereof, apportioned between the benefited lands in proportIon to the benefits receIved by each tract of land. (4) ENFORCEMENT OF TAXES --The collection and enforcement of all taxes leVIed by the DIstnct shall be at the same tIme and In like manner as County taxes, and the prOVISIons of the Flonda Statutes relatmg to the sale of lands for unpaId and delmquent 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 such statutory provisions were expressly set forth herem. All taxes shall be subject to the same dISCOuntS as County taxes. (5) WHEN UNPAID TAX IS DELINQUENT, PENALTY --All taxes prOVIded for m tlus act shall become delmquent and bear penalties on the amount of such taxes In the same manner as County taxes. (6) TAX EXEMPTION --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 Ordinance are exempt from all taxes by the state or by any polItical subdiviSIOn, agency, 14 or instrumentalIty thereof; however, any interest, income, or profits on debt obhgatIons Issued hereunder are not exempt from the tax Imposed by Chapter 220 Further, the Dlstnct IS not exempt from the provisions of Chapter 212. (7) STATUS OF ASSESSMENTS.--Benefit special assessments, maintenance special assessments, and special assessments are non-ad valorem assessments as defined by Chapter 197.3632, F S (8) ASSESSMENTS CONSTITUTE LIENS, COLLECTION --Benefit special assessments and mamtenance special assessments authorized by tIns Ordinance shall constitute a lIen on the property against which assessed from the date of imposition thereof until paid, coequal With the hen of state, county, mumclpal, and school board taxes. These non-ad valorem assessments may be collected, at the Dlstnct's discretion, by the Tax Collector pursuant to the provisions of Chapter 197.363 or 197.3632, F.S., or m accordance With other collection measures proVided by law (9) LAND OWNED BY GOVERNMENTAL ENTITY --Except as otherwIse proVIded by law, no levy of non-ad valorem assessments under tills Ordmance, or Chapter 170, Chapter 197, or otherwise, by a Dlstnct Board on property of a governmental entity that is subject to a ground lease as described m Chapter 190003(13), F.S shall constitute a lIen or encumbrance on the underlYIng fee mterest of such governmental entity Section 16 SpeCial assessments (1) The District Board may levy special assessments for the construction, reconstruction, acqUISItion, or maintenance of Distnct facilIties authonzed under this Ordmance usmg the procedures for levy and collection prOVided m Chapter 170 or Chapter 197, F.S (2) Notwithstandmg the proVISions of Chapter 17009, F.S., Dlstnct assessments may be made payable m no more than 30 yearly installments. Section 17 Issuance of certificates of indebtedness based on assessments for assessable improvements; assessment bonds (I) The District Board may, after any assessments for assessable improvements are made, determined, and confirmed as provided m this Ordinance, issue certificates of 15 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 Improvements for whIch the assessment IS made. The certificates shall be payable In annual Installments In accordance wIth the installments of the special assessment for whIch they are issued. The DIStrIct Board may determine the interest to be borne by such certIficates, In comphance With Chapter 21584, F.S and may sell such certificates at either private or public sale and determine the form, manner of execution, and other details of such certIficates. The 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 wlnch they are issued. The proceeds of such certificates may be pledged for the payment of pnncIpal of and Interest on any revenue bonds or general obhgatIon 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. (2) The DIstnct may also Issue assessment bonds or other obligations payable from a special fund Into wlnch such certIficates of Indebtedness referred to In the precedIng subsectIOn may be depOSIted, or, If such certIficates of Indebtedness have not been Issued, the Distnct may asSIgn to such speCIal fund for the benefit of the holders of such assessment bonds or other obhgatIOns, or to a trustee for such bondholders, the assessment hens proVIded for in tlns act unless such certIficates of indebtedness or assessment liens have been theretofore pledged for any bonds or other obligations authonzed 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 or assessment hens deposited thereIn shall be used only for the payment of the assessment bonds or other obligations Issued as prOVIded In tlns section. The DIStnCt IS authorized to covenant with the holders of such assessment bonds or other obhgations that it will diligently and faithfully enforce and collect all the special assessments and interest and penalties thereon for wlnch such certIficates of indebtedness or assessment liens have been depOSIted In or assigned to such fund, to foreclose such assessment liens so asSIgned to such special fund or represented by the certIficates of Indebtedness deposited In the 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. 16 (3) The assessment bonds or other oblIgatIons issued pursuant to tIns sectIon shall have such dates of issue and maturity as shall be deemed advisable by the DIStrict Board, however, the matuntIes of such assessment bonds or other obligations shall not be more than 2 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. (4) Such assessment bonds or other oblIgations Issued under tIns sectIon shall bear such interest as the DIstnCt Board may determIne, not to exceed a rate which is In complIance with Chapter 21584, F.S., and shall be executed, shall have such proVIsIons for redemptIon pnor to matunty, shall be sold in the manner and be subject to all of the applIcable provisions contained in thIS OrdInance for revenue bonds, except as the same may be inconsIstent WIth the provisions of this section. (5) All assessment bonds or other oblIgatIons Issued under the prOVIsIons of tIns OrdInance, except certIficates of indebtedness Issued agaInst separate lots or parcels of land or property as provided In tills sectIon, shall be and constItute and shall have all the qualities and inCIdents of negotIable Instruments under the law merchant and the laws of the state. Section 18 Tax lIens All taxes of the DIStnct proVIded for In tills Ordinance, 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 a 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 digmty with the liens for state and county taxes and other taxes of equal dIgnity WIth state and county taxes upon all the lands against wluch such taxes shall be leVIed. A sale of any of the real property witInn the dIStriCt for state and county or other taxes shall not operate to relieve or release the property so sold from the hen for subsequent Distnct taxes or InStallments of DIStnCt taxes, willch hen may be enforced against such property as though no such sale thereof had been made. The provisions of Chapters 194 171, 197 122, 197.333, and 197432, F.S shall be applicable to District taxes with the same force and effect as if such provisions were expressly set forth in this OrdInance. 17 SectIOn 19 Payment of taxes and redemptIon of tax hens by the DIstnct; shanng in proceeds of tax sale (1) The DIstnct has the nght 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) To redeem or purchase any tax sales certIficates Issued or sold on account of any state, county, distrIct, mumcIpal, or other taxes or assessments upon lands located wholly or partIally wIthm the boundanes of the DistrIct. (2) Delmquent taxes paId, or tax sales certIficates redeemed or purchased, by the District, together WIth all penaltIes for the default m payment of the same and all costs in collecting the same and a reasonable attorney's fee, shall constItute a hen m favor of the dIStrIct of equal dIgmty wIth the hens of state and county taxes and other taxes of equal dignity with state and county taxes upon all the real property agaInst which the taxes were levied. The hen ofthe DIStrIct may be foreclosed m the manner prOVIded m tills Ordmance. (3) In any sale of land pursuant to Chapter 197.542, F.S 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 m the disbursement of the sales proceeds m accordance the provisions of this Ordinance and under the laws of the state. Section 20 Foreclosure of liens Any lien m favor of the DIStrICt ansmg under this Ordinance may be foreclosed by the DIStrICt by foreclosure proceedmgs in the name of the DIStrICt m a court of competent jurisdIctIon as prOVIded by general law in like manner as IS provided m Chapter 173, F.S and amendments thereto, the provisions of that chapter shall be apphcable to such proceedIngs WIth the same force and effect as If those proViSIOns were expressly set forth in thIs Ordmance. Any act required or authonzed to be done by or on behalf of the DIStrICt m foreclosure proceedmgs under Chapter 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 1 year from the date any tax, or installment thereof, becomes dehnquent; however no lien shall be foreclosed 18 against any pohtIcal subdivIsion or agency of the state. Other legal remedies shall remain avaIlable. SectIon 21 BIds reqUIred (1) No contract shall be let by the District Board for any goods, supplies, or matenals to be purchased when the amount thereof to be paid by the District shall exceed the amount provIded in Chapter 287017, F.S for category four, unless notIce of bids shall be advertised once m a newspaper in general cIrculation m the County The Distnct Board seekmg to construct or Improve a pubhc buildmg, structure, or other pubhc works shall comply WIth the blddmg procedures of Chapter 255.20, F.S and other applicable general law In each case, the bid of the lowest responsive and responsible bidder shall be accepted unless all bIds are rejected because the bIds are too high, or the DIStriCt Board determines It IS m the best interests of the DIStriCt to reject all bIds. The Distnct Board may requIre the bIdders to furnIsh bond WIth a responsible surety to be approved by the Distnct Board. NothIng m this sectIon shall prevent the District Board from undertakmg and perfomnng the constructIon, operatIon, and mamtenance of any project or facility authonzed by tlus Ordinance by the employment oflabor, matenal, and maclunery (2) The provIsIons of the Consultants' CompetItIve NegotIatIOn Act, Chapter 287055, F.S apply to contracts for engmeering, arclutecture, landscape arclutecture, or registered surveying and mappmg services let by the District Board. (3) Contracts for mamtenance servIces for any DIStriCt facihty or project shall be subject to competItIve bIdding reqUIrements when the amount thereof to be paId by the District exceeds the amount proVIded m s. 287017 for category four The DIStrICt shall adopt rules, pohcles, or procedures estabhshing competitive bIdding procedures for maintenance servIces. Contracts for other services shall not be subject to competitIve bIdding unless the dIStriCt adopts a rule, pohcy, or procedure applying competitIve blddmg procedures to said contracts. Section 22. Fees, rentals, and charges; procedure for adoption and modIficatIons, mmlmum revenue reqUIrements (1) 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 19 from time to time, for the facilIties and services furnIshed by the DIStrict, witlun the limits of the distnct, includmg, but not linuted to, recreatIOnal facilities, water management and control facilities, and water and sewer systems, to recover the costs of making connectIOn with any Distnct 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 wluch all the users of the proposed facility or servIces or owners, tenants, or occupants served or to be served thereby and all other mterested persons shall have an opportumty to be heard concernmg the proposed rates, fees, rentals, or other charges. Rates, fees, rentals, and other charges shall be adopted under the adnllmstratIve rulemakmg authonty of the DIStnct, but shall not apply to Distnct leases. Notice of such public heanng settmg forth the proposed schedule or schedules of rates, fees, rentals, and other charges shall have been publIshed m a newspaper m the county and of general cIrculatIOn in the DIStriCt at least once and at least 10 days pnor to such pubhc heanng. The rulemaking heanng may be adjourned from time to time. After such hearing, such schedule or schedules, either as mitIally 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 m an office deSIgnated by the DIStnCt Board and shall be open at all reasonable times to pubhc mspectIon. The rates, fees, rentals, or charges so fixed for any class of users or property served shall be extended to cover any addttIonal users or propertIes thereafter served which shall fall m the same class, Without the necessity of any notice or heanng. (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 sefV1ce funnshed, upon the number of average number of persons resuling or working in or otherwise occupymg the premIses served, or upon any other factor affecting the use of the facilIties furnished, or upon any combmation 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 m the order stated. 20 (a) To provide for all expenses of operation and ma10tenance of such facilIty or servIce; (b) To pay when due all bonds and 10terest thereon for the payment of which such revenues are, or shall have been, pledged or encumbered, 1Oclud1Og reserves for such purpose; and (c) To provIde for any other funds wInch may be reqUIred under the resolutIon or resolutIons authonzing the Issuance of bonds pursuant to this Ordinance. (5) The DIstnCt Board shall have the power to enter 1Oto 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. SectIon 23 Recovery of delInquent charges In the event that any rates, fees, rentals, charges, or delInquent penaltIes shall not be paid as and when due and shall be 10 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 DIstnct 10 a CIvil actIon. SectIOn 24 DIscont1Ouance 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 chscontinuance and the restoration of such water and sewer servIces or both, are fully paId, and, for such purposes, the board may enter on any lands, waters, or premises of any person, firm, corporatIon, or body, publIc or pnvate, within the district IInuts. 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 reasonable attorney's fees and other expenses, may be recovered by the distnct, whIch may also enforce payment of such delInquent fees, rentals, or other charges by any other lawful method of enforcement. 21 SectIon 25 Enforcement and penaltIes The DIstnct Board or any aggneved person may have recourse to such remedies m law and at eqUIty as may be necessary to ensure complIance WIth the provISIons of this Ordinance, mcludmg mJunctIve relIef to enjom or restrain any person vIolatmg the provisions oftlns Ordmance or any bylaws, resolutions, regulations, rules, codes, or orders adopted under this act. In case any buildmg or structure IS erected, constructed, reconstructed, altered, rep3.1red, converted, or maintamed, or any building, structure, land, or water IS used, in violation of this Ordinance or of any code, order, resolution, or other regulatIOn made under authonty conferred by thIS Ordmance or under law, the DIStrict Board or any CItIzen resIdmg m the dIStnct may instItute any appropriate actIOn or proceeding to prevent such unlawful erectIon, construction, reconstructIon, alteration, rep3.1r, conversion, maintenance, or use; to restram, correct, or aVOId such violation, to prevent the occupancy of such buildmg, structure, land, or water; and to prevent any illegal act, conduct, busmess, or use in or about such premises, land, or water Section 26 SUIts agamst the DIStnCt Any SUIt or action brought or maint3.1ned agamst the District for damages arising out of tort, mcludmg, WIthout lImItatIOn, any clarm arismg upon account of an act causing an injury or loss of property, personal mJury, or death, shall be subject to the lImitations prOVIded m s. 768.28 SectIon 27 Exemption ofDIstnct property from executIOn All Distnct-owned property shall be exempt from levy and sale by virtue of an execution, and no executIon or other judiCial process shall issue agamst such property, nor shall any Judgment agamst the District be a charge or lien on its property or revenues; however, nothmg cont3.1ned herem shall apply to or linnt the nghts of bondholders to pursue any remedy for the enforcement of any lien or pledge given by the distnct in connection with any of the bonds or oblIgatIons of the District. Section 28 The Distnct IS solely responsible for the Implementation of speCIal assessments upon benefited property within the DIStrict'S internal boundanes and shall provide notice of said special assessments to all prospective purchasers of said property 22 Section 29 If any clause, or other part or applIcation of tlns 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 shall remain in full force and effect. SectIon 30 by law Tills Ordinance shall take effect upon ItS' approval and SIgning as provided APPROVED AND ENACTED by the City CommIssIon of the City of Boynton Beach, Flonda, on this day of , 2005 ATTEST BOYNTON BEACH CITY COMMISSION By' By' Clerk ChaIr APPROVED AS TO FORM AND LEGAL SUFFICIENCY By' City Attorney 23 .Q(. . CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Meeting Dates Date Final Form Must be Turned in to City Clerk's Office Requested City Commission Meeting Dates Date Final Form Must be Turned in to City Clerk's Office September 6. 2005 (Noon) I:8J October 5, 2005 c=J October18,2005 c=J November I 2005 c=J November IS 2005 September 19 2005 (Noon) c=J August2,2005 c=J August 16,2005 c=J September 6, 2005 o September 20, 2005 July 18,2005 (Noon.) August I 2005 (Noon) October 3, 2005 (Noon) August 15,2005 (Noon) October 17 2005 (Noon) October 31 2005 (Noon) NATURE OF AGENDA ITEM c=J Administrative c=J Consent Agenda c=J Public Heanng c=J Bids c=J Announcement c=J City Manager's Report c=J Development Plans c=J New Business I:8J Legal c=J Unfinished Business c=J Presentation RECOMMENDATION Please place this request on the October 5, 2005 City Conunission Agenda under Legal/Ordinance-First Readmg. Staff recommends that the petition for the passing of an ordinance to establish the Quantum Park Overlay Dependent District be approved. EXPLANATION The subject petitIOn has been submitted on behalf of the Board of Supervisors of the Quantum Community Development District. Quantum CDD was established in 19910n the premise that Quantum will be built out as an industrial and commercial park. However, the land use in the District has changed over time, pennitting residential development. The "mixed-use" situation is about to create a voting issue. The voting procedure stipulated by the State law used to create the District would eventually lead to a sItuation whereby all members of the Board of Supervisors are popularly elected from the residential communities only, with no representation of the commercial and industrial property owners. Since Chapter 190 of the Florida Statutes, which regulates Community Development Districts, does not offer any options to this converSIOn ofrepresentatlOn, the Board of Supervisors of the Quantum CDD is seeking approval to create the Quantum Park Overlay Dependent District as a solution to the problem. The boundaries of the proposed Dependent District would be co-terminus with the boundaries of the Quantum Park at Boynton Beach (the 'Park'). All assets of the Quantum CDD would be deeded to the new overlay district. The new overlay distnct would then be responsible for the operation and maintenance of the public infrastructure previously owned by the Quantum CDD The Board of Supervisors of the overlay district would be made up of representatives of both the residential communities and the non residential communities elected on the basis of land ownership. The Quantum CDD would continue to exist only to levy the non ad valorem assessments each year that are 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. S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC ..cr CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM The overlay dependent district would operate in the same manner as the existing CDD except that the Board of Supervisors can be removed by the City Corrmrission if and whenever the Corrmrission deems it necessary PROJECT AGENT PETITIONER. LOCATION Quantum Park Overlay Dependent District Peter L. Pimentel Board of Supervisors of the Quantum Community Development District Quantum Park PROGRAM IMP ACT FISCAL IMP ACT ALTERNATIVES: N/A N/A N/A D City Manager's Signature k~'~ {: Planning and Zoning 1)ir ctor City Attorney / Finance / Human Resources G:\CDD\Agenda Item Request Quantum Overlay district.dot S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC ORDINANCE NO AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA ESTABLISHING A DEPENDENT DISTRICT OVER THE REAL PROPERTY LEGALLY DESCRIBED ON EXHffiIT "A" TO THIS ORDINANCE COMPRISING APPROXIMATELY 582.49 ACRES, PROVIDING DEFINITIONS, ESTABLISHING THE NAME OF THE DISTRICT AS QUANTUM PARK OVERLAY DEPENDENT DISTRICT, NAMING THE INITIAL MEMBERS OF THE BOARD OF SUPERVISORS OF THE DISTRICT, DESIGNATING THE PURPOSE OF THE DISTRICT, PROVIDING FOR BOARD OF SUPERVISORS, MEMBERS, ELECTION OF MEMBERS, MEETINGS, AND GENERAL DUTIES, PROVIDING GENERAL POWERS OF THE DISTRICT, PROVIDING SPECIAL ASSESSMENT POWERS, PROVIDING FOR COLLECTION AND ENFORCEMENT, PROVIDING FOR SEVERABILITY, PROVIDING FOR AN EFFECTNE DATE. WHEREAS, the Flonda LegIslature created Chapter 189, Florida Statutes, as amended, to proVIde an alternatIve method to finance, delIver and manage commumty servIces, and, WHEREAS, Quantum CommunIty Development DIStnCt, (the "PetItIoner"), has petItIoned the CIty ComnnssIOn of CIty of Boynton Beach, Flonda (the "CommIssIon") to grant the establIshment of Quantum Park Overlay Dependent Distnct (the "DIStnCt") to provide certam commumty servIces, and, WHEREAS, the DIStnCt will constItute a tImely, effiCIent, responsIve and economIC way to delIver commumty servIces, and, WHEREAS, the creatIOn of the DIStnct IS the best alternatIve avaIlable for delIvenng the community servIces and facilities to the area that will be served by the DIstnct; and the area that will be served by the DIStnCt IS amenable to separate specIal dIStriCt government; and, WHEREAS, the DIStnCt does not have any zomng power and the establIshment of the DIStnct IS not a development order; and WHEREAS, the creatIon of the DIStnct IS consistent WIth the approved local comprehensIve plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF CITY OF BOYNTON BEACH, FLORIDA. SectIon I CreatIon ofDIStnCt. 1 The "WHEREAS" recitals above are hereby confirmed and adopted, and the PetItion to establIsh Quantum Park Overlay Dependent Dlstnct over the real property described in Exhibit "A" attached hereto, WhICh was filed by on , 200_, and WhICh Petition IS on file at the Office of the CIty Clerk, IS hereby granted. The external boundanes of the DIStnCt shall be as depIcted on the legal descnptIon and locatIon map attached hereto and mcorporated as ExhibIt "A" SectIon 2. DefinItIons. As used m tlns Ordmance, the term. (1) "Assessable Improvements" means, without lImItatIon, any and all public improvements and commumty faCIlIties that the dIStnCt IS empowered to proVIde m accordance WIth thIS Ordmance. (2) "Assessment bonds" means specIal oblIgatIons of the dIStnCt wlnch are payable solely from proceeds of the specIal assessments leVIed for an assessable project. (3) "Board" or "board of supervIsors" means the governmg board of the dIStnCt or, If such board has been abolIshed, the board, body, or comrmSSIOn succeedmg to the pnnclpal functIOns thereof or to whom the powers gIven to the board by this act have been gIVen by law (4) "Bond" mcludes "certIficate," and the proVISIOns that are applIcable to bonds are equally applIcable to certIficates. The term "bond" mcludes any general oblIgatIon bond, assessment bond, refundmg bond, revenue bond, and other such oblIgatIon m the nature of a bond as IS prOVIded for m this Ordmance, as the case may be. (5) "CIty" means the City of Boynton Beach, Florida, a Flonda mumclpalIty (6) "Cost," when used WIth reference to any proJect, mcludes, but is not limited to (a) The expenses of determmmg the feasibIlIty or practicability of acquisitIOn, constructIOn, or reconstructIOn. (b) The cost of surveys, estImates, plans, and specIficatIons. (c) The cost of Improvements. (d) Engmeenng, fiscal, and legal expenses and charges. (e) The cost of all labor, matenals, machmery, and eqUIpment. (f) The cost of all lands, propertIes, nghts, easements, and franclnses acqurred. (g) Financmg charges. (h) The creatIon of InItIal reserve and debt servIce funds. (i) Workmg capItal. 2 (j) Interest charges mcurred or estimated to be incurred on money borrowed pnor to and dunng constructIOn and acqulSltIon and for such reasonable penod of tIme after completIOn of constructIOn or acqUIsItIon as the board may determme. (k) The cost of Issuance of bonds pursuant to thIS Ordinance, mcludmg advertIsements and pnntmg. (1) The cost of any electIOn held pursuant to this Ordmance and all other expenses of Issuance of bonds. (m) The dISCOunt, If any, on the sale or exchange of bonds. (n) AdmmlstratIve expenses. (0) Such other expenses as may be necessary or mCIdental to the acquisItIon, constructIon, or reconstructIOn of any proj ect or to the financing thereof, or to the development of any lands wltinn the dlStnCt. (P) Payments, contributIOns, dedIcatIOns, and any other exactIons requITed as a condItIon to receIve any government approval or permIt necessary to accomphsh any dlStnCt purpose. (7) "County" means Palm Beach County, Flonda. (8) "Dlstnct" means the Quantum Park Overlay DIStnCt created by thIS Ordmance. (9) "DIStnCt Manager" means the manager ofthe dlstnCt. (10) "DIStnCt roads" means lughways, streets, roads, alleys, SIdewalks, landscapmg, storm drams, bndges, and thoroughfares of all kmds and descnptIons. (II) "General obhgatIon bonds" means bonds WhICh are secured by, or prOVIde for theIr payment by, the pledge, m addItIon to those speCIal assessments levied for their discharge and such other sources as may be proVIded for theIr payment or pledged as secunty under the resolutIon authonzmg theu Issuance, of the full faIth and crecht and taxmg power of the dlStnCt and for payment of whIch recourse may be had agamst the general fund of the dlStnCt. (12) "Landowner" means the owner of a freehold estate as appears by the deed record, mcludmg a trustee, any legal entIty, and an owner of a condomlmum umt; but It does not mclude a reversionary, remamderman, mortgagee, the Quantum Commumty Development Dlstnct or any governmental entIty, who shall not be counted and need not be notIfied of proceedmgs under tins act. Landowner shall also mean the owner of a ground lease from a governmental entIty, WhICh leasehold mterest has a remammg term, excludmg all renewal optIons, m excess of 50 years. A landowner may be a nonresidentIal landowner or a resIdentIal landowner (13) "Local general-purpose government" means a county, munlclpahty, or consohdated city-county government. 3 (14) "Ordmance" or "thIS Ordmance' means thIS Ordinance No _ of the CIty (15) "ProJect" means any development, Improvement, property, utIlIty, facility, works, enterpnse, or servIce now existmg or hereafter undertaken or establIshed under the provlSlons of thIS Ordmance. (16) "Refundmg bonds" means bonds Issued to refinance outstandmg bonds of any type and the mterest and redemptIOn premIUm thereon. Refundmg bonds shall be Issuable and payable m the same manner as the refinanced bonds, except that no approval by the electorate shall be reqUIred unless reqUIred by the State ConstItutIon. (17) "Revenue bonds" means oblIgatIOns of the distnct which are payable from revenues denved from sources other than ad valorem taxes on real or tangible personal property and whIch do not pledge the property, credIt, or general assessment revenue of the dIstnct. (18) "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 havmg the present capacIty for future use m connectIon wIth the collectIon, treatment, punficatIOn, or dIsposal of sewage, mcludmg, wIthout lImItatIon, mdustnal wastes resultmg from any process of mdustry, manufacture, trade, or busmess or from the development of any natural resource. Without lImItIng the generalIty of the foregomg, the term "sewer system" mcludes treatment plants, pumpmg statIons, 11ft statIons, valves, force mams, mterceptmg sewers, laterals, pressure lInes, mams, and all necessary appurtenances and equipment; all sewer mams, laterals, and other deVIces for the receptIOn and collectIon of sewage from premises connected thereWIth, and all real and personal property and any mterest therem, nghts, easements, and franchIses of any nature relatmg to any such system and necessary or convement for operatIOn thereof. (19) "Water management and control faCIlItIes" means any lakes, canals, dItches, reservOIrs, dams, levees, slUIceways, floodways, pumpmg statIons, or any other works, structures, or facIlItIes for the conservatIon, control, development, utIlIzatIon, and dIsposal of water, and any purposes appurtenant, necessary, or mCIdental thereto. The term "water management and control faCIlItIes" mcludes all real and personal property and any mterest therem, nghts, easements, and franchIses of any nature relatmg to any such water management and control facilities or necessary or convement for the acqUISItIon, constructIon, reconstructIOn, operatIon, or mamtenance thereof. (20) "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 havmg the present capacity for future use in connection WIth the development of sources, treatment, or punfication and dIstributIOn of water Without IImItmg the generalIty of the foregomg, the term "water system" mcludes dams, 4 reservoIrs, storage, tanks, mams, lInes, valves, pumpmg stations, laterals, and pipes for the purpose of carrymg water to the premises connected with such system, and all nghts, easements, and franchIses of any nature relatmg to any such system and necessary or convement for the operation thereof. Section 3 Distnct Name The name ofthe DIStnCt shall be "Quantum Park Overlay Dependent DIstnct" SectIOn 4 InItial Board Members The ImtIal members of the Board of SupervIsors of the Quantum Park Overlay Dependent DIStnCt (the "DIstrict Board") shall be as follows 1 Eugene GerlIca 2. Robert S Fike 3 Al Slaman 4 Thomas McGIllIcuddy 5 Igor Olemcoff Section 5 Purpose The DIStnCt IS created for the purposes set forth m and prescribed in the Petition. Section 6 Board of SupervIsors, Members, Election of Members, and Meetmgs. The DIStnCt Board shall exerCIse the powers granted to the DIStnCt pursuant to thIS Ordmance. The DIStnCt Board shall conSIst of five members. Except as otherwIse provided herem, each member shall hold office for a term of four years and until a successor IS chosen and qualIfies. The members of the DIStnCt Board must be reSIdents of the State of Flonda and CItizens of the Umted States. (1) (a) Withm 90 days followmg the effective date of tlus Ordmance establIslung the DIStriCt, there shall be held a meetmg of all landowners of the DIStnCt for the purpose of electmg five members for the Distnct Board. Notice of the landowners' meeting shall be publIshed once a week for 2 consecutive weeks m a newspaper wluch IS m general CIrculation m the area of the DIStnCt, 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 meetmg, shall organIze by electmg a chaIr who shall conduct the meetmg. (b) At such meetmg, 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 meetmg for any Item that the landowner IS entitled to vote. Landowners owning less than one (I) assessable acre m the aggregate shall be entItled to 5 a fractIonal vote equal to the aggregate fractIonal assessable acreage owned. Landowners wIth more that one (I) 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 wntIng. The two candIdates reCeIVIng the hIghest number of votes shall be elected for a penod of four years, and the three candIdates receivIng the next hIghest number of votes shall be elected for a penod of two years. The members of the first DIstnct Board elected by landowners shall serve theIr respectIve 4-year or 2-year terms, however, the next electIon by landowners shall be on the first Tuesday In the first November folloWIng the expIration of the initIally elected 2-year terms. Thereafter, there shall be an electIOn of Board members for the DIStnCt every 2 years on the first Tuesday In November At each electIOn folloWIng the ImtIal electIOn, the two candIdates receivIng the hIghest number of votes shall be elected to serve for a 4-year term, and the remaInIng candIdate shall be elected to serve for a 2-year term. (2) Upon entenng into office, members of the dIstnCt board shall take and subscribe to the oath of office as prescribed by s. 876 05 They shall hold office for the terms for whIch they were elected or appoInted and untIl theIr successors are chosen and qualIfied. If, dunng the term of office, a vacancy occurs, the remaInmg members of the DIstnct Board shall fill the vacancy by an appoIntment for the remamder of the unexpIred term. Dunng theIr unexpIred terms, members of the Board may be removed at will by action of the govermng body of the CIty (3) A maJonty of the members of the Distnct Board constItutes a quorum for the purposes of conductIng Its bUSIness and exerclSlng ItS powers and for all other purposes. ActIOn taken by the DIStnCt shall be upon a vote of a maJonty of the members present unless general law or a rule of the DIstnct requires a greater number (4) As soon as practIcable after each electIon or appoIntment, the DIStnCt Board shall orgamze by electIng one of ItS members as chaIr and by electmg a secretary, who need not be a member of the DIStnCt Board, and such other officers as the DIstnct Board may deem necessary (5) The DIStnCt Board shall keep a permanent record book entItled "Record of ProceedIngs of Quantum Park Overlay Dependent Distnct," in whIch shall be recorded mmutes of all meetIngs, resolutIOns, proceedmgs, certIficates, bonds gIven by all employees, and any and all corporate acts. The record book shall at reasonable tImes be opened to mspectIOn m the same manner as state, county, and munIcipal records pursuant to chapter 119 The record book shall be kept at the office or other regular place of business mamtaIned by the DIStnCt Board In Palm Beach County (6) Each supervIsor shall be entItled to receIve for hIS or her servIces an amount not to exceed $200 per meetIng of the board of supervIsors, not to exceed $4,800 per year per 6 supervIsor, or an amount establIshed by the electors at referendum. In addItIon, each supervIsor shall receIve travel and per dIem expenses as set forth m s. 112.061 (7) All meetmgs of the DIStrIct Board shall be open to the publIc and governed by the provIsIOns of chapter 286 SectIon 7 Board of SupervIsors, General DutIes. (I) The DIStrIct Board shall employ, and fix the compensatIOn of, a dIStrIct manager The dIStrIct manager shall have charge and supervIsIon of the works of the DIStrict and shall be responsible for preservmg and mamtaining any Improvement or facilIty constructed or erected pursuant to the provIsIons of tlus Ordmance, for mamtmmng and operatmg the eqUIpment owned by the DIStrIct, and for perfonmng such other dutIes as may be prescribed by the Distnct Board. The dIStrIct manager may lure or otherwise employ and termmate the employment of such other persons, mcludmg, WIthout lImItatIOn, profeSSIOnal, supervISOry, and clencal employees, as may be necessary and authonzed by the DIStrIct Board. The compensatIOn and other conditIons of employment of the officers and employees of the DIstnct shall be as proVIded by the DIStrIct Board. (2) The DIStrIct Board shall deSIgnate a person who IS a reSIdent of the state as treasurer of the DIStrIct, who shall have charge of the funds of the dIStrICt. Such funds shall be dIsbursed only upon the order, or pursuant to the resolutIon, of the DistrIct Board by warrant or check countersIgned by the treasurer and by such other person as may be authonzed by the DIStrICt Board. The DIstnct Board may gIve the treasurer such other or addItIonal powers and dutIes as the DIstnct Board may deem appropnate and may fix hIS or her compensatIOn. The DIStrICt 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 DIStrICt Board to secure the performance by the treasurer of lus or her powers and dutIes. The finanCIal records of the DIStrICt Board shall be audIted by an mdependent certIfied publIc accountant at least once a year (3) The DIStrICt Board IS authonzed to select as a depository for its funds any qualIfied publIc depOSItory as defined m s. 280 02 wluch meets all the reqUIrements of chapter 280 and has been deSIgnated by the Treasurer as a qualIfied publIc depOSItOry, upon such terms and condItIons as to the payment of mterest by such depOSItOry upon the funds so depOSIted as the DIStrICt Board may deem Just and reasonable. SectIOn 8 General Powers The ComnussIOn hereby grants to Quantum Park Overlay Dependent DIStrIct general powers as heremafter defined, and hereby finds that It is m the publIc interest of the CItIzens of the CIty to grant such general powers. The DIStriCt shall have, and the DIStrict Board may exerCIse, the followmg general powers 7 (1) To sue and be sued m the name of the DIstnct; to adopt and use a seal and authonze the use of a facsnmle thereof; to acqUIre, by purchase, gift, devIse, or otherwIse, and to dIspose of, real and personal property, or any estate therem, and to make and execute contracts and other mstruments necessary or convenient to the exerCIse of Its powers. (2) To contract for the servIces of consultants to perform planmng, engineenng, legal, or other appropnate servIces of a professIOnal nature. Such contracts shall be subject to publIc bIddmg or competitive negotiation reqUIrements as set forth m s. 190 033 (3) To borrow money and accept gifts, to apply for and use grants or loans of money or other property from the Umted States, the state, a umt of local government, or any person for any DIStnCt purposes and enter mto agreements reqUIred m connection therewIth, and to hold, use, and dIspose of such moneys or property for any DIStriCt purposes m accordance WIth the terms of the gift, grant, loan, or agreement relatmg thereto (4) To adopt rules and orders prescribing the powers, duties, and functIOns of the officers of the DIstnCt; the conduct of the busmess of the DIStnCt; the mamtenance of records; and the form of certIficates eVIdencmg tax lIens and all other documents and records of the DIStnCt. The DIStnCt Board may also adopt adnllnistratIve rules WIth respect to any of the projects of the DIStnCt and define the area to be mcluded therem. The DIStnCt Board may also adopt resolutIOns that may be necessary for the conduct of DIstnct busmess. (5) To hold, control, and acqUIre by donatIOn, purchase, or condemnation, or dIspose of, any publIc easements, dedIcatIOns to publIc use, platted reservations for publIc purposes, or any reservatIOns for those purposes authonzed by tills Ordmance and to make use of such easements, dedIcations, or reservatIOns for any of the purposes authonzed by thIs Ordmance. (6) To lease as lessor or lessee to or from any person, firm, corporation, association, or body, pubhc or pnvate, any projects of the type that the DIStnCt IS authonzed to undertake and facIlIties or property of any nature for the use of the DIstnCt to carry out any of the purposes authonzed by thIS act. (7) To borrow money and Issue bonds, certIficates, warrants, notes, or other eVIdence of mdebtedness as heremafter prOVIded, to levy such tax and speCIal assessments as may be authorized, and to charge, collect, and enforce fees and other user charges. (8) To raise, by user charges or fees authonzed by resolution of the DIstnCt Board, amounts of money willch are necessary for the conduct of the DIStnCt actiVIties and servIces and to enforce theIr receipt and collection in the manner prescribed by resolution not inconsistent WIth law 8 (9) To exerCIse wIthm the DIStnCt, or beyond the DIStnCt wIth pnor approval by resolutIOn of the CIty If the takmg will occur m an area of the CIty or WIth pnor approval by resolutIon of the governmg body of the affected junsdictIOn If the takmg will occur wIthm some jUnSdIctlOn outsIde the CIty, the nght and power of emment domam, pursuant to the provISIOns of chapters 73 and 74, over any property wIthm the state, except mumcIpal, county, state, and federal property, for the uses and purposes of the DIStnCt relatmg to water, sewer, water management, distnct roads, utIlIty provIsions, and any other projects of the dIStnCt authonzed by thIS Ordmance, specIfically mcludmg, WIthout lImItatIOn, the power for the takmg of easements for the dramage of the land of one person over and through the land of another (10) To cooperate WIth, or contract WIth, other governmental agencIes as may be necessary, convement, inCIdental, or proper m connectIon with any of the powers, duties, or purposes authonzed by thIS act. (II) To determme, order, levy, Impose, collect, and enforce speCIal assessments pursuant to Chapter 170, F S Such speCIal assessments may, m the dIscretIon of the DIStnCt, be; 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 mamtam systems, facilItIes, and baSIC infrastructures for the followmg: (a) Water management and control for the lands wItlun the DIStnCt and to connect some or any of such faCIlItIes WIth roads and bndges. (b) Water supply, sewer, and wastewater management, ImgatIon, reclamatIon, and reuse or any combmatIOn thereof, and to construct and operate connectmg interceptmg or outlet sewers and sewer mams and pIpes and water mams, condUIts, or pIpelmes m, along, and under any street, alley, lughway, or other publIc place or ways, and to dIspose of any effluent, reSIdue, or other byproducts of such system or sewer system. (c) Bndges or culverts that may be needed across any dram, dItch, canal, floodway, holdmg basm, 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 nght-of-way, hIghway, grade, fill, or cut. (d) DIStnCt roads equal to or exceedmg the speCIficatIOns of the County, and traffic control SIgnS and streetlIghts. 9 (e) InvestIgation and remedIation costs associated with the cleanup of actual or perceIved envIronmental contamInatIon wIthIn the DIStnCt under the supervIsIon or dIrectIon of a competent governmental authonty unless the covered costs benefit any person who IS a landowner wIthIn the DIstnct and who caused or contributed to the contaminatIon. (f) Parks and facIlItIes for Indoor and outdoor recreatIOnal, cultural, and educatIOnal uses. (g) Secunty, IncludIng, but not lImIted to, guardhouses, fences and gates, electromc IntrusIOn-detectIOn systems except that the DIStnCt may not exerCIse any polIce power, but may contract wIth the appropnate local general-purpose government agencIes for an Increased level of such servIces wItlnn the DIstnct boundaries. (h) To adopt and enforce appropnate 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, convement, IncIdental, or proper In connectIOn wIth any of the powers, dutIes, or purposes authonzed by tlns OrdInance. SectIon 9 Budgets On or before each July 15, the DIStnCt Manager (or the DIStnCt Board) shall prepare a proposed budget for the enSUIng fiscal year to be subrmtted to the DIStnCt Board for approval. The proposed budget shall Include at the direction of the DIStriCt Board an estImate of all necessary expendItures of the DIStnCt for the ensuing fiscal year and an estImate of Income to the DIStriCt from the taxes and assessments proVIded In this act. The DIStnCt Board shall consIder the proposed budget Item by Item and may eIther approve the budget as proposed or modIfy the same In part or In whole. The Distnct Board shall IndIcate ItS approval of the budget by resolution, whIch resolutIon shall provide for a heanng on the budget as approved. NotIce of the hearing on the budget shall be publIshed In a newspaper of general cIrCUlatIOn In the area of the DIStnCt once a week for 2 consecutive weeks, except that the first publIcation shall be not fewer than 15 days pnor to the date of the heanng. The notIce shall further contaIn a deSIgnatIon of the day, tIme, and 10 place of the publIc heanng. At the tIme and place desIgnated m the notIce, the DIStnCt Board shall hear all ObjectIOns to the budget as proposed and may make such changes as the DIstnct Board deems necessary At the conclusion of the budget heanng, the DIstnct Board shall, by resolutIOn, adopt the budget as finally approved by the DIStnCt Board. The budget shall be adopted pnor to October 1 of each year Section 10 FinancIal Reports, DIsclosure of publIc financmg. (I) The DIStnCt shall prOVIde finanCIal reports m such form and such manner as prescribed pursuant to chapter 218 (2) The DIStnCt Board shall take affirmatIve steps to prOVIde for the full dIsclosure of mformatIon relatIng to the publIc financIng and maIntenance of Improvements to real property undertaken by the DIStnCt. Such Information shall be made available to all eXIstIng resIdents, and to all prospectIve resIdents of the DIStnCt whenever possible. SectIOn 11 Issuance of bond antICIpatIOn notes. In addItIOn to the other powers prOVIded for in this Ordinance, and not In lImItatIon thereof, the dIStnCt shall have the power, at any time, and from tIme to tIme after the Issuance of any bonds of the DIStnCt shall have been authonzed, 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 pnncIpal sum not In excess of the authonzed maxImum amount of such bond Issue. Such notes shall be in such denommatIon or denomInatIons, bear Interest at such rate as the DIStnCt Board may determine In complIance WIth s. 215 84, mature at such tIme or tImes not later than 5 years from the date of issuance, and be In such form and executed m such manner as the DIstnct Board shall prescribe. Such notes may be sold at eIther publIc or pnvate sale or, If such notes shall be renewal notes, may be exchanged for notes then outstandmg on such terms, as the DIstnct Board shall determme. Such notes shall be paId from the proceeds of such bonds when Issued. The DIstnCt Board may, In ItS dIscretIon, In lIeu of retmng 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 authonzed shall not be Issued. 11 SectIOn 12. Short-term borrowmg The DIStnct at any time may obtam loans, m such amount and on such terms and condItIons as the DIStnct Board may approve, for the purpose of paYIng any of the expenses of the DIStnct or any costs mcurred or that may be mcurred m connection with any of the projects of the DIStrict, whIch loans shall bear such mterest as the Distnct Board may determme m complIance wIth s. 215 84, and may be payable from and secured by a pledge of such funds, revenues, taxes, and assessments as the DIStnct Board may determme, subject, however, to the provlSlons contamed m any proceedmg under whIch bonds were theretofore Issued and are then outstandmg. For the purpose of defraYIng such costs and expenses, the DIstnct may Issue negotiable notes, warrants, or other eVIdences of debt to be payable at such times, to bear such mterest as the DIStnct Board may determme m complIance wIth s. 215 84, and to be sold or dIscounted at such pnce or pnces not less than 95 percent of par value and on such terms as the DIstnct Board may deem adVIsable. The DIStnct Board shall have the nght to provIde for the payment thereof by pledgmg the whole or any part of the funds, revenues, taxes, and assessments of the Distnct. The approval of the electors resIdmg m the DIStnct shall not be necessary except when reqUIred by the State ConstitutIOn. SectIOn 13 Bonds Section 190016(1) through 190016(15) F.S as amended and supplemented IS hereby mcorporated by reference. Section 14 Trust agreements Any Issue of bonds shall 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 authonzmg the Issuance of the bonds or such trust agreement may pledge the revenues to be receIved from any projects of the DIStnct and may contam such proVISIons for protectmg and enforcmg the nghts and remedIes of the bondholders as the Distnct Board may approve, mcluding, WIthout lImItation, covenants settmg forth the duties of the DIStnCt m relation to the acqUISItion, construction, reconstructIOn, Improvement, mamtenance, repaIr, operation, and msurance of any proJects, the fixmg and revIsmg of the rates, fees, and charges, and the custody, safeguardmg, and applIcatIOn of all moneys and for the employment of 12 consultIng engIneers or other professIOnals in connection with such acqUiSItion, construction, reconstruction, Improvement, maIntenance, repau, or operation. It shall be lawful for any bank or trust company wIthIn or wIthout the state that may act as a depOSItory of the proceeds of bonds or of revenues to furnIsh such IndemnIfYIng bonds or to pledge such secuntIes as may be reqUired by the DistrIct. Such resolution trust agreement may set forth the nghts and remedIes of the bondholders and of the trustee, If any, and may restnct the IndIVIdual nght of action by bondholders. The DIStrIct Board may proVIde for the payment of 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 may prOVIde for the method of dIsbursement thereof wIth such safeguards and restrIctions as It may determIne. All expenses Incurred In carrymg 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. Section 15 Taxes; non-ad valorem assessments (1) AD VALOREM TAXES --The DIstnct shall not have the power to levy and assess ad valorem taxes. (2) BENEFIT SPECIAL ASSESSMENTS --The DIStrIct Board shall annually determIne, order, and levy the annual Installment of the total benefit specIal assessments for bonds Issued and related expenses to finance DIStrIct facilIties and projects whIch are levied under tlus OrdInance. These assessments may be due and collected dunng each year that county taxes are due and collected, In whIch case such annual Installment and levy shall be eVIdenced to and certIfied to the Property AppraIser by the DIStrict Board not later than August 31 of each year, and such assessment shall be entered by the Property AppraIser on the County tax rolls, and shall be collected and enforced by the Tax Collector In the same manner and at the same time as County taxes, and the proceeds thereof shall be paId to the DIStrICt. However, tlus subsection shall not prohibIt the DIstnct In ItS dIscretIon from USIng the method prescribed In eIther Chapter 197.363 or 197.3632, F.S for collectmg and enforCIng these assessments. These benefit specIal assessments shall be a lIen on the property agamst whIch assessed until paId and shall be enforceable In like manner as County taxes. The amount of the assessment for the exerCIse of the DistrIct's powers under thIS OrdInance shall be determIned by the DIStrICt Board based upon a report of the DIstnct's engIneer and assessed by the DIStrICt Board upon such lands, whIch may be part or all of the lands WIthIn the DIstnct benefited by the Improvement, 13 apportIoned between benefited lands m proportIon to the benefits received by each tract of land. (3) MAINTENANCE SPECIAL ASSESSMENTS --To maintam and preserve the facIlItIes and projects of the DIStrIct, the DIStrIct Board may levy a mamtenance special assessment. Tills assessment may be evidenced to and certIfied to the Property AppraIser by the DIStrIct Board not later than August 31 of each year and shall be entered by the Property AppraIser on the County tax rolls and shall be collected and enforced by the Tax Collector m the same manner and at the same tIme as County taxes, and the proceeds there from shall be paId to the DIStrICt. However, tills subsectIon shall not prohibIt the DIStrICt m ItS dIscretIOn from usmg the method prescribed in eIther Chapter 197.363 or 197.3632 for collectmg and enforcmg these assessments. These maintenance specIal assessments shall be a lIen on the property agamst willch assessed until paId and shall be enforceable m like manner as County taxes. The amount of the mamtenance specIal assessment for the exerCIse of the DIStrICt'S powers under thIS Ordmance shall be detemllned by the DIstnct Board based upon a report of the dIstnct's engmeer and assessed by the DIstnct Board upon such lands, willch may be all of the lands wItilln the DIstnct benefited by the maIntenance thereof, apportIOned between the benefited lands m proportIOn to the benefits receIved by each tract of land. (4) ENFORCEMENT OF TAXES --The collectIon and enforcement of all taxes leVIed by the DIStrICt shall be at the same tIme and m like manner as County taxes, and the prOVIsIons of the Flonda Statutes relatmg to the sale of lands for unpaId and delInquent county taxes, the Issuance, sale, and delIvery of tax certIficates for such unpaId and delmquent County taxes, the redemption thereof; the issuance to mdIVIduals of tax deeds based thereon, and all other procedures m connectIon thereWIth shall be applIcable to the dIStrIct to the same extent as If such statutory proVIsIons were expressly set forth herem. All taxes shall be subject to the same discounts as County taxes. (5) WHEN UNPAID TAX IS DELINQUENT, PENALTY --All taxes provIded for m tills act shall become delmquent and bear penaltIes on the amount of such taxes m the same manner as County taxes. (6) TAX EXEMPTION --All bonds Issued hereunder and mterest paId thereon and all fees, charges, and other revenues denved by the DIStrICt from the projects provIded by thIS Ordmance are exempt from all taxes by the state or by any polItIcal subdIvISIon, agency, 14 or mstrumentahty thereof; however, any mterest, mcome, or profits on debt obligatIons Issued hereunder are not exempt from the tax Imposed by Chapter 220 Further, the DIstnct IS not exempt from the prOVISIOns of Chapter 212. (7) STATUS OF ASSESSMENTS --Benefit specIal assessments, maIntenance specIal assessments, and specIal assessments are non-ad valorem assessments as defined by Chapter 197.3632, F S (8) ASSESSMENTS CONSTITUTE LIENS, COLLECTION --Benefit specIal assessments and mamtenance specIal assessments authonzed by tlns Ordmance shall constItute a hen on the property agaInst WhICh assessed from the date of ImpositIon thereof untIl paId, coequal WIth the hen of state, county, munIcIpal, and school board taxes. These non-ad valorem assessments may be collected, at the DIStrICt'S discretIon, by the Tax Collector pursuant to the provlSlons of Chapter 197.363 or 197.3632, F.S., or m accordance WIth other collectIOn measures proVIded by law (9) LAND OWNED BY GOVERNMENTAL ENTITY --Except as otherwIse proVIded by law, no levy of non-ad valorem assessments under tlns Ordmance, or Chapter 170, Chapter 197, or otherwIse, by a DIStrICt Board on property of a governmental entity that IS subject to a ground lease as described m Chapter 190003(13), F S shall constItute a hen or encumbrance on the underlymg fee mterest of such governmental entIty SectIon 16 SpecIal assessments (1) The DIStrICt Board may levy specIal assessments for the constructIOn, reconstructIon, acqulSltIon, or maintenance of DIStrICt facihtIes authonzed under tIns Ordmance usmg the procedures for levy and collectIon proVIded m Chapter 170 or Chapter 197, F.S (2) NotwIthstandmg the proVISIons of Chapter 17009, F.S , DIStrICt assessments may be made payable m no more than 30 yearly mstallments. SectIon 17 Issuance of certIficates of mdebtedness based on assessments for assessable Improvements; assessment bonds (1) The DistrIct Board may, after any assessments for assessable improvements are made, determined, and confirmed as provided in tlns Ordinance, issue certIficates of 15 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 Improvements for wlnch the assessment is made. The certIficates shall be payable In annual Installments In accordance WIth the Installments of the specIal assessment for WhICh they are Issued. The DIStnCt Board may detemllne the Interest to be borne by such certIficates, In comphance WIth Chapter 215 84, F S and may sell such certIficates at eIther pnvate or pubhc sale and determine the form, manner of execution, and other detalls of such certIficates. The 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 wlnch they are issued. The proceeds of such certIficates may be pledged for the payment of pnncIpal of and Interest on any revenue bonds or general obhgatlOn 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. (2) The DIstnct may also Issue assessment bonds or other obhgatlOns payable from a specIal fund mto wlnch such certIficates of mdebtedness referred to m the precedmg subsection may be depOSIted, or, If such certIficates of indebtedness have not been Issued, the DIStnCt may aSSIgn to such specIal fund for the benefit of the holders of such assessment bonds or other obhgatlOns, or to a trustee for such bondholders, the assessment hens proVIded for m thIS act unless such certIficates of mdebtedness or assessment hens have been theretofore pledged for any bonds or other obligatlOns authonzed hereunder In the event of the creatlOn of such specIal fund and the Issuance of such assessment bonds or other obhgatlOns, the proceeds of such certIficates of mdebtedness or assessment hens deposIted therem shall be used only for the payment of the assessment bonds or other obhgatIons Issued as provIded In thIS sectlOn. The DIStnCt IS authonzed to covenant WIth the holders of such assessment bonds or other obhgations that it will dihgently and faithfully enforce and collect all the speCIal assessments and mterest and penalties thereon for WhICh such certIficates of mdebtedness or assessment hens have been deposited in or aSSIgned to such fund, to foreclose such assessment liens so assigned to such special fund or represented by the certIficates of mdebtedness depOSIted m the speCial fund, after such assessment hens have become delmquent, and depOSIt the proceeds denved from such foreclosure, Includmg mterest 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 obhgations. 16 (3) The assessment bonds or other oblIgations Issued pursuant to this section shall have such dates of Issue and matunty as shall be deemed advisable by the DIstnct Board, however, the matuntIes of such assessment bonds or other oblIgatIOns shall not be more than 2 years after the due date of the last mstallment whIch wIll be payable on any of the specIal assessments for whIch such assessment lIens, or the certIficates of mdebtedness representmg such assessment lIens, are assIgned to or deposited m such specIal fund. (4) Such assessment bonds or other oblIgatIons Issued under thIS section shall bear such mterest as the DIStnCt Board may determme, not to exceed a rate whIch IS m complIance with Chapter 215 84, F S., and shall be executed, shall have such proviSIons for redemption pnor to matunty, shall be sold m the manner and be subject to all of the applIcable proVIsions contamed m thIS Ordmance for revenue bonds, except as the same may be mconsIstent WIth the proVISIOns of thIS section. (5) All assessment bonds or other oblIgations Issued under the prOVIsions of thIS Ordmance, except certIficates of mdebtedness Issued agamst separate lots or parcels of land or property as provIded m thIs section, shall be and constitute and shall have all the qualItIes and mCIdents of negotiable mstruments under the law merchant and the laws of the state. SectIOn 18 Tax lIens All taxes of the DIstnct proVIded for m thIs Ordmance, together WIth all penalties for default m the payment of the same and all costs m collectmg the same, mcludmg a reasonable attorney's fee fixed by the court and taxed as a cost m the action brought to enforce payment, shall, from January I 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 agamst whIch such taxes shall be leVIed. A sale of any of the real property WIthIn the dIStnCt for state and county or other taxes shall not operate to relIeve or release the property so sold from the lIen for subsequent DIstnct taxes or mstallments of DIStnCt taxes, which lIen may be enforced agamst such property as though no such sale thereof had been made. The proVISIons of Chapters 194 171, 197 122, 197.333, and 197432, F S shall be applIcable to DIStnCt taxes WIth the same force and effect as If such prOVISIons were expressly set forth m thIs Ordmance. 17 SectIOn 19 Payment of taxes and redemption of tax hens by the DIStnCt; shanng in proceeds of tax sale (I) The DIstnCt has the nght to (a) Pay any dehnquent state, county, dIstnct, mumcIpal, or other tax or assessment upon lands located wholly or partially wIthm the boundanes of the Distnct; and (b) To redeem or purchase any tax sales certIficates Issued or sold on account of any state, county, dIStnCt, munIcIpal, or other taxes or assessments upon lands located wholly or partially wIthm the boundanes of the DIStnCt. (2) Dehnquent taxes paId, or tax sales certificates redeemed or purchased, by the DIStriCt, together With all penalties for the default m payment of the same and all costs m collectmg the same and a reasonable attorney's fee, shall constitute a hen in favor of the dIStriCt of equal dIgmty wIth the hens of state and county taxes and other taxes of equal dIgmty WIth state and county taxes upon all the real property agamst WhICh the taxes were leVIed. The hen of the DIStnct may be foreclosed m the manner proVIded m thIS Ordmance. (3) In any sale of land pursuant to Chapter 197.542, F.S and amendments thereto, the DIStnCt may certIfy to the clerk of the CIrCUIt court of the County holdmg such sale the amount of taxes due to the DIStnCt upon the lands sought to be sold, and the DIStnCt shall share m the dIsbursement of the sales proceeds m accordance the proviSIons of tins Ordinance and under the laws ofthe state. SectIOn 20 Foreclosure of hens Any hen m favor of the DIstnCt ansmg under thIS Ordmance may be foreclosed by the DIstnct by foreclosure proceedmgs m the name of the DIStnCt m a court of competent junsdIctIOn as prOVIded by general law m like manner as IS prOVIded m Chapter 173, F.S and amendments thereto, the provlSlons of that chapter shall be apphcable to such proceedmgs With the same force and effect as If those provlSlons were expressly set forth m tills Ordmance. Any act requued or authonzed to be done by or on behalf of the DIStnCt m foreclosure proceedmgs under Chapter 173 may be performed by such officer or agent of the DIstnCt as the Board of SupervIsors may designate. Such foreclosure proceedmgs may be brought at any time after the expuation of 1 year from the date any tax, or mstallment thereof, becomes delmquent; however no hen shall be foreclosed 18 agamst any polItIcal subdIvIsIon or agency of the state. Other legal remedIes shall remam avaIlable. SectIon 21 BIds reqUIred (1) No contract shall be let by the DIStnCt Board for any goods, supplies, or matenals to be purchased when the amount thereof to be paId by the DIStrict shall exceed the amount provIded m Chapter 287017, F.S for category four, unless notIce of bIds shall be advertIsed once m a newspaper m general circulatIOn m the County The DIStnCt Board seekmg to construct or Improve a publIc buildmg, structure, or other publIc works shall comply WIth the blddmg procedures of Chapter 255.20, F.S and other applIcable general law In each case, the bId of the lowest responSIve and responsible bIdder shall be accepted unless all bIds are rejected because the bIds are too lugh, or the Dlstnct Board detenmnes It IS m the best mterests of the Dlstnct to reject all bIds. The DIStnCt Board may require the bIdders to furnIsh bond WIth a responsible surety to be approved by the DIStnct Board. Notlung m thIS sectIon shall prevent the Dlstnct Board from undertaking and performmg the constructIOn, operatIOn, and mamtenance of any project or facilIty authonzed by thIS Ordmance by the employment of labor, matenal, and machmery (2) The proVIsIons of the Consultants' CompetItIve NegotIatIOn Act, Chapter 287055, F.S apply to contracts for engmeenng, arclutecture, landscape arclutecture, or regIstered surveYIng and mappmg servIces let by the DIStnCt Board. (3) Contracts for mamtenance servIces for any DIStnCt faCIlIty or project shall be subject to competItIve blddmg reqUIrements when the amount thereof to be paId by the DIStnCt exceeds the amount proVIded m s. 287017 for category four The DIStriCt shall adopt rules, polICIes, or procedures establIslung competItIve blddmg procedures for mamtenance servIces. Contracts for other servIces shall not be subject to competItIve blddmg unless the dIStnCt adopts a rule, polIcy, or procedure applymg competitive blddmg procedures to saId contracts. SectIon 22 Fees, rentals, and charges, procedure for adoptIon and modIfications, mInImum revenue reqUIrements (1) The Distnct IS authonzed to prescribe, fix, establish, and collect rates, fees, rentals, or other charges, heremafter sometImes referred to as "revenues," and to revise the same 19 from tIme to tIme, for the facilItIes and servIces furnIshed by the Distnct, wIthIn the lImits of the dIStnCt, mcludmg, but not lumted to, recreatIonal facIlItIes, water management and control facIlItIes, and water and sewer systems; to recover the costs of makmg connectIon with any DlstnCt facilIty or system, and to provide for reasonable penalties agamst 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 Distnct 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 mterested persons shall have an opportumty to be heard concermng the proposed rates, fees, rentals, or other charges. Rates, fees, rentals, and other charges shall be adopted under the ammmstratIve rulemakmg authonty of the DIStnct, but shall not apply to DIstnct leases. Notice of such publIc heanng settmg forth the proposed schedule or schedules of rates, fees, rentals, and other charges shall have been publIshed m a newspaper m the county and of general CIrculatIOn m the DIStnCt at least once and at least 10 days pnor to such publIc heanng. The rulemakmg heanng may be adjourned from tIme to time. After such heanng, such schedule or schedules, eIther as ImtIally 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 m an office deSIgnated by the DIStnCt Board and shall be open at all reasonable tImes to publIc mspection. 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 m the same class, wIthout the necessIty of any notIce or heanng. (3) Such rates, fees, rentals, and charges shall be Just and equitable and unIform for users of the same class, and when appropnate may be based or computed eIther upon the amount of servIce furmshed, upon the number of average number of persons resuhng or workmg in or otherwIse occupymg the premIses served, or upon any other factor affecting the use of the facilItIes furnIshed, or upon any combmation of the foregomg factors, as may be determmed by the board on an eqUItable basIS. (4) The rates, fees, rentals, or other charges prescribed shall be such as w1l1 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 heremafter lIsted, but not necessanly m the order stated. 20 (a) To provIde for all expenses of operatIOn and mamtenance of such facilIty or servIce; (b) To pay when due all bonds and mterest thereon for the payment ofwmch such revenues are, or shall have been, pledged or encumbered, mcludmg reserves for such purpose, and (c) To provIde for any other funds whIch may be reqUIred under the resolution or resolutIOns authonzmg the Issuance of bonds pursuant to thIS Ordmance. (5) The DIStnCt Board shall have the power to enter mto contracts for the use of the projects of the DIStnct and WIth respect to the servIces and facilIties furmshed or to be furnished by the Distnct. Section 23 Recovery of delInquent charges In the event that any rates, fees, rentals, charges, or delmquent penaltIes shall not be paId as and when due and shall be m default for 60 days or more, the unpaId balance thereof and all mterest accrued thereon, together WIth reasonable attorney's fees and costs, may be recovered by the DIStnCt m a CIvil actIOn. Section 24 DIscontmuance 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 dIscontmue and shut off both water and sewer servIces untIl such fees, rentals, or other charges, mcludmg mterest, penalties, and charges for the shuttmg off and dIscontmuance and the restoratIOn of such water and sewer services or both, are fully paId, and, for such purposes, the board may enter on any lands, waters, or premIses of any person, firm, corporation, or body, public or private, within the dIStnct lImIts. Such delInquent fees, rentals, or other charges, together WIth mterest, penaltIes, and charges for the shuttmg off and dIscontmuance and the restoratIOn of such servIces and faCIlIties and reasonable attorney's fees and other expenses, may be recovered by the dIStnCt, whIch may also enforce payment of such delmquent fees, rentals, or other charges by any other lawful method of enforcement. 21 SectIOn 25 Enforcement and penalties The DIstnct Board or any aggneved person may have recourse to such remedIes m law and at eqUIty as may be necessary to ensure comphance WIth the proVIsIons of this Ordmance, mcludmg mJunctIve rehef to enJom or restram any person vIolatmg the prOVISIons OfthIS Ordmance or any bylaws, resolutIOns, regulatIons, rules, codes, or orders adopted under tIns act. In case any bUIldmg or structure IS erected, constructed, reconstructed, altered, repaIred, converted, or mamtamed, or any buildmg, structure, land, or water IS used, m VIOlatIon of tIns Ordmance or of any code, order, resolutIon, or other regulatIon made under authonty conferred by thIS Ordmance or under law, the Distnct Board or any CItIzen resIdmg m the dIStnCt may instItute any appropnate actIOn or proceedmg to prevent such unlawful erectIOn, construction, reconstruction, alteratIon, repaIr, converSIOn, maIntenance, or use, to restram, correct, or aVOId such VIolatIon, to prevent the occupancy of such buildmg, structure, land, or water; and to prevent any Illegal act, conduct, busmess, or use m or about such premIses, land, or water SectIon 26 SUItS agamst the DIStnCt Any SUIt or actIOn brought or maIntamed agamst the DIstnct for damages ansmg out of tort, mcludmg, WIthout hmItatIOn, any claIm ansmg upon account of an act causmg an injury or loss of property, personal mJury, or death, shall be subject to the hmItatIOns prOVIded m s. 768.28 SectIon 27 ExemptIon ofDIstnct property from executIon All 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 agamst the DIStnCt be a charge or hen on ItS property or revenues; however, nothmg contamed herem shall apply to or hnnt the nghts of bondholders to pursue any remedy for the enforcement of any hen or pledge gIven by the dIstnct m connectIOn WIth any of the bonds or obhgatIons of the DIStnCt. SectIon 28 The DIStnCt IS solely responsible for the ImplementatIOn of speCIal assessments upon benefited property wItInn the DIStnCt'S mternal boundanes and shall prOVIde notIce of saId speCIal assessments to all prospectIve purchasers of saId property 22 SectIOn 29 If any clause, or other part or applIcation of thIs Ordmance shall be held m any court of competent JurisdIctIon to be unconstItutional or mvalId, such unconstitutIOnal or mvalId part or applIcatIOn shall be consIdered as elImmated and so not affectmg the valIdIty of the remammg portIons or applIcatIons whIch shall remam m full force and effect. SectIOn 30 by law Tills Ordmance shall take effect upon ItS' approval and slgmng as provIded APPROVED AND ENACTED by the CIty CormmSSIOn of the CIty of Boynton Beach, Florida, on thIs day of , 2005 ATTEST BOYNTON BEACH CITY COMMISSION By' By' Clerk ChaIr APPROVED AS TO FORM AND LEGAL SUFFICIENCY By' CIty Attorney 23