HB 1495 — Immokalee Water and Sewer District, Collier County

F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS/HB1495 2022Legislature2022 2A bill to be entitled An act relating to the Immokalee Water and Sewer District, Collier County;

hb1495-02-erhb1495-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS/HB1495 2022Legislature2022 re-created and the charter for the district is reenacted and re- created to read:

hb1495-02-erhb1495-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS/HB1495 2022Legislature2022 that part of Section 19 lying Northeasterly of a diagonal line from the Northwest corner to the Southeast corner of said Section 19, Township 47 South, Range 30 East.

hb1495-02-erhb1495-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS/HB1495 2022Legislature2022 facility, or property used or useful or having the present capacity for future use in connection with the collection, treatment, purification, or disposal of sewage, including industrial wastes resulting from any processes of industry, manufacture, trade, or business or from the development of any natural resources, or any integral part thereof, including, but not limited to, treatment plants, pumping stations, intercepting sewers, trunk sewers, pressure lines, mains, and all necessary appurtenances and equipment, and all property, rights, easements, and franchises relating thereto and deemed necessary or convenient by the district for the operation thereof.

hb1495-02-erhb1495-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS/HB1495 2022Legislature2022 transportation, or distribution of water, and any integral part thereof, including, but not limited to, water supply systems, water distribution systems, reservoirs, wells, intakes, mains, laterals, aqueducts, pumping stations, standpipes, filtration plants, purification plants, hydrants, meters, valves, and all necessary appurtenances and equipment, and all properties, rights, easements, and franchises relating thereto and deemed necessary or convenient by the district for the operation thereof.

hb1495-02-erhb1495-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS/HB1495 2022Legislature2022 consisting of seven members, each of whom shall be a registered voter, resident of the district, and citizen of the United States.

hb1495-02-erhb1495-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS/HB1495 2022Legislature2022 honorarium to be determined by at least a majority plus one vote of the board.

hb1495-02-erhb1495-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS/HB1495 2022Legislature2022 Section 8.

hb1495-02-erhb1495-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS/HB1495 2022Legislature2022 of such district, to be ascertained by the assessed valuations for county taxes in effect at the time of the creation of such district.

hb1495-02-erhb1495-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS/HB1495 2022Legislature2022 or operation and maintenance of any water system or sewer system or both, and any administrative facilities, and to hold and dispose of all real and personal property under its control;

hb1495-02-erhb1495-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS/HB1495 2022Legislature2022 persons to provide or receive a water supply or for sewage disposal, collection, or treatment.

hb1495-02-erhb1495-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS/HB1495 2022Legislature2022 danger to the public health, safety, or welfare or other substantial loss to the district requires emergency action, the district may proceed with the purchase and expenditure for construction work necessitated by the immediate danger.

hb1495-02-erhb1495-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS/HB1495 2022Legislature2022 or both and to receive and accept aid or contributions or loans, from any other source, of money, property, labor, or other things of value, to be held, used, and applied only for the purpose for which such grants, contributions, or loans may be made.

hb1495-02-erhb1495-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS/HB1495 2022Legislature2022 followed by a letter or number or name to distinguish it from other assessment districts, after which it shall be sufficient to refer to such improvement and property by such designation in all proceedings and assessments, except in the notices required by this section.

hb1495-02-erhb1495-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS/HB1495 2022Legislature2022 (b) The engineer shall also prepare in duplicate a tentative apportionment of the estimated total cost of the improvement as between the district and each lot or parcel of land subject to special assessment under the resolution, such apportionment to be made in accordance with the provisions of the resolution and in relation to apportionment of cost provided herein for the preliminary assessment roll.

hb1495-02-erhb1495-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS/HB1495 2022Legislature2022 a description of the proposed assessable improvements with the location thereof, and shall also state that plans, specifications, estimates, and tentative apportionment of cost thereof are on file with the district clerk.

hb1495-02-erhb1495-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS/HB1495 2022Legislature2022 that it contains items which cannot be properly assessed against property, or that it is, for any default or defect in the passage or character of the resolution or the plans or specifications or estimate, void or voidable in whole or in part, or that it exceeds the power of the district board, shall be made in writing in person or by attorney and filed with the district clerk at or before the time or adjourned time of such hearing.

hb1495-02-erhb1495-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS/HB1495 2022Legislature2022 s.

hb1495-02-erhb1495-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS/HB1495 2022Legislature2022 the execution of a contract to carry out the work in accordance with such plans and specifications and ensure the filing, at the making of such contract, of a bond in the amount of the contract price with corporate surety satisfactory to the district conditioned for the performance of the work in accordance with such contract.

hb1495-02-erhb1495-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS/HB1495 2022Legislature2022 (b) The total cost of the improvement and the amount of incidental expense.

hb1495-02-erhb1495-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS/HB1495 2022Legislature2022 same, according to the special benefits which the district board decided each such lot or parcel has received or will receive on account of such improvement.

hb1495-02-erhb1495-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS/HB1495 2022Legislature2022 of the original assessment roll.

hb1495-02-erhb1495-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS/HB1495 2022Legislature2022 property so assessed from the date of confirmation of the resolution ordering the improvement, of the same nature and to the same extent as the lien for general county taxes falling due in the same year or years in which such assessments or installments thereof fall due, and any assessment or installment not paid when due shall be collectible with such interest and with a reasonable attorney fee and costs, but without penalties, by the district by proceedings in a court of equity to foreclose the lien of assessments as a lien for mortgages is or may be foreclosed under the laws of the state, provided that any such proceedings to foreclose shall embrace all installments of principal remaining unpaid with accrued interest thereon, which installments shall, by virtue of the institution of such proceedings, immediately become due and payable.

hb1495-02-erhb1495-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS/HB1495 2022Legislature2022 and such duty may be enforced at the suit of any holder of bonds issued under this act in a court of competent jurisdiction by mandamus or other appropriate proceedings or action.

hb1495-02-erhb1495-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS/HB1495 2022Legislature2022 district may be sold or otherwise disposed of, the proceeds of such disposition to be placed in the fund provided by paragraph (1)(b) of this section;

hb1495-02-erhb1495-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS/HB1495 2022Legislature2022 assessments in all cases in which the same property would be subject to such liens had it at the time the lien attached been owned by a private owner.

hb1495-02-erhb1495-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS/HB1495 2022Legislature2022 rate than contained in any bids rejected at the public sale thereof, or at the rate contained in the notice of public sale if no bids were received at such public sale.

hb1495-02-erhb1495-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS/HB1495 2022Legislature2022 commissioners may provide in the resolution authorizing rates, fees, and charges, the issuance of bonds under this act, or in any trust agreement securing such bonds that any sewer service shall be included in bills rendered for water used on the premises and that if any water rates or sewer service charges are not paid within 30 days after the rendition of any such bills, the district shall discontinue furnishing water to such premises and may disconnect the same from the waterworks facilities.

hb1495-02-erhb1495-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS/HB1495 2022Legislature2022 amount of any such delinquent rates or charges, with interest, in an action as provided by law.

hb1495-02-erhb1495-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS/HB1495 2022Legislature2022 tenant, or occupant of each lot or parcel of land within the district which abuts upon a street or other public way containing a sanitary sewer as a part of such sewerage facility or a sanitary sewer served or which may be served by such sewerage facilities and upon which lot or parcel a building has been constructed for residential, commercial, or industrial use, shall, if so required by the district's regulations and rules or a resolution of the board, connect with such building such sanitary sewer, and shall cease to use any other method for the disposal of sewage wastes or other polluting matter.

hb1495-02-erhb1495-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS/HB1495 2022Legislature2022 accordance with ss.

hb1495-02-erhb1495-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS/HB1495 2022Legislature2022 property of each district constitutes public property used for public purposes, all assets and properties of the district, including property acquired through the foreclosure of any tax or assessment lien, are exempt from all taxes imposed by the state or any political subdivision, agency, or instrumentality of the state.

hb1495-02-erhb1495-01-c1