§ 18-22.1. Petition of all property owners.

In addition to the powers set forth in the foregoing provisions of this article, the Board, subject to the provisions of this section and upon the petition of all the property owners and without an election may create and establish special taxing districts embracing unincorporated areas in the County for the purpose of constructing, reconstructing or installing local improvements and to provide funds for paying the cost thereof, may issue special obligation certificates of such districts payable solely from special assessments and other funds made available under the provisions of this section.

The proceedings for creating and establishing a special taxing district and financing such improvements under the provisions of this section shall be as follows:

(a)

There shall be filed with the Clerk of the Board a petition in triplicate requesting the creation and establishment of a special taxing district, signed by the owners of all the real property embraced within the proposed district, and setting forth (1) the boundaries or other description sufficient to identify the property embraced in the proposed district, together with a survey sketch showing the location of the proposed district, and (2) a brief description of the local improvement requested to be constructed, reconstructed or installed. For the purposes of any such petition of owners of property, the rights of mortgagees and lienors shall not be considered and the signature of any person holding a fee interest in the property shall be sufficient, and either the signature of the husband or the wife shall be sufficient in cases where the property is owned by both husband and wife. There shall be attached to the petition and made a part thereof a brief description of the property within the proposed district of each owner sufficient to identify the property involved. In case any such owner shall be a corporation there shall also be filed with the petition a duly certified copy of the proceedings of the board of directors or stockholders of such corporation and such other documents, if any, as may be required by the County Attorney to show that those signing the petition are duly authorized to sign the petition and to subject the property of such corporation to the levy of special assessments as provided in this section.

(b)

Upon receipt of any such petition the Clerk of the Board shall transmit one (1) copy to the County Manager and one (1) copy to the County Attorney, each of whom shall examine the petition and file a written report thereon with the Clerk at the earliest practicable date.

(c)

If the County Attorney shall find that the petition has been properly signed and complies with the requirements of this section, the County Manager shall cause to be made under his supervision and direction such investigations, surveys, plans and specifications as may be necessary to enable him to compile and file with the Board a written report and recommendations setting forth the following data and information:

(1)

An estimate of the cost of the local improvement;

(2)

An estimate of the annual expense, if any to be borne by the district or the County of maintaining, repairing and operating the local improvement, and his recommendations concerning service charges and the levy of special assessments for paying all or a part of such expense;

(3)

Whether the proposed improvement and the proposed special taxing district conform to or conflict with the master plan of development for the County;

(4)

His recommendations concerning the need and desirability for the requested improvement, the ability of the affected property to pay special assessments and his opinion as to whether or not each lot or parcel in such district which is to be specially assessed will be specially benefited by such improvement in excess of the amount of such special assessments to be levied thereon;

(5)

If his recommendations under clause (4) are favorable to the creation of the requested special taxing district, his recommendations as to the levying of special assessments against the benefited property, and an estimate of the amount to be assessed against each front foot or other unit of benefited property;

The County Manager shall file such written report and recommendations with the Clerk of the Board at the earliest practicable date. Upon receipt of such report, the Clerk shall immediately transmit a copy thereof to the Mayor of the County.

(d)

If it shall appear to the Board from such report of the County Manager that the improvement or improvements petitioned for would be of special benefit to all property within the proposed district and that the total amount of the special assessments to be levied would not be in excess of such special benefit, the Board shall adopt an ordinance fixing the place, date and hour for a public hearing, which ordinance shall set forth a copy of the petition, excluding signatures, and brief summaries of the report and recommendations of the County Manager. Such public hearings shall be conducted and notice thereof given in accordance with the provisions of paragraphs (d) and (e) of Section 18-3 of this article insofar as such provisions may be applicable. If the Board shall determine to grant the petition, it shall adopt an ordinance providing for the creation and establishment of the district. Such ordinance shall also set forth the following:

(1)

The name or designation by which the district shall be known, such as "___________ Special Taxing District in Miami-Dade County, Florida" or "Special Taxing District No. _____ in Miami-Dade County, Florida," or such other appropriate name as the Board may determine;

(2)

The boundaries of the district, or other description sufficient to identify the property to be embraced in the proposed district;

(3)

A brief description of the local improvement which is to be constructed, reconstructed or installed in the district;

(4)

A declaration as to benefits and that the entire cost of the local improvements shall be specially assessed; and

(5)

A statement as to the method of financing, including estimates of:

(a)

The amount of special obligation certificates of the district to be issued as hereinafter provided to pay the cost of the improvements;

(b)

The amount, if any, required annually to be borne by the district to pay the cost of maintaining, repairing and operating the improvement, and what percentage, if any, of such amount shall be specially assessed; and

(c)

The amount, if any, to be derived annually from the service charges or special assessments on benefited property or both.

Such ordinance shall order the construction, reconstruction or installation of the local improvement under the provisions of this section upon moneys being made available therefor and shall set forth the location of the improvement and a description thereof by its material, nature, character and size.

Notwithstanding any of the foregoing provisions of this article a district may be created and established under the provisions of this section for the combined purpose of constructing, reconstructing or installing both a water system and a sewerage system. In case a water system or a sewerage system or both shall be constructed or operated by a municipality under a contract with the Board for supplying and distributing water within the district, or collecting and treating sewerage from the district, or both, the foregoing provisions of this section shall be subject to the provisions of such contract. Any such contract with a municipality may provide that title to the water system or sewerage systems shall vest in the municipality, and in such case, the contract or contracts for the work shall be let by such municipality subject to the approval of the Board, and subject to funds being made available to pay the cost of the improvement.

(e)

Upon the letting of a contract for the construction, reconstruction or installation of the improvement, the Board shall by ordinance provide for the issuance of special obligation certificates of the district in an amount sufficient to provide funds for paying the entire cost (as above defined) of the improvement. The certificates shall be dated, shall bear interest at such rate or rates not exceeding the maximum rate permitted by law, shall mature in annual installments, the first installment to be made payable not more than three (3) years and the last installment not more than fifteen (15) years from the date of the certificates, as may be determined by the Board, and may be made redeemable before maturity, at the option of the Board, at such price or prices and under such terms and conditions as may be fixed by the Board prior to the issuance of the certificates. The Board shall determine the form and the manner of execution of the certificates, including any interest coupons to be attached thereto, and shall fix the denomination or denominations of the certificates and the place or places of payment of principal and interest, which may be at any bank or trust company within or without the state. In case any officer whose signature or a facsimile of whose signature shall appear on any certificates or coupons shall cease to be such officer before the delivery of the certificates, such signature or such facsimile shall nevertheless be valid and sufficient for all purposes the same as if he had remained in office until such delivery, and any certificate may bear the facsimile signature of, or may be signed by, such person or persons as at the actual time of execution of such certificate shall be the proper officer or officers to sign such certificate although at the date of such certificate such person or persons may not have been such officer or officers. The certificates may be issued in coupon or in registered form, or both, as the Board may determine, and provision may be made for the registration of any coupon certificates as to principal alone and also as to both principal and interest, for the reconversion into coupon certificates of any certificates registered as to both principal and interest, and for the interchange of registered and coupon certificates. The Board may sell such certificates in such manner, either at public or private sale, and for such price, as it may determine to be for the best interests of the district but no such sale shall be made at a price less than ninety-nine (99) percentum of the principal amount of the certificates.

The issuance of such certificates shall not be subject to any limitations or conditions contained in any other law, and certificates may be issued under the provisions of this section without obtaining the consent of any commission, Board, bureau or agency of the State or of any municipality, and without any other proceedings or the happening of any other conditions or things than those proceedings, conditions or things which are specifically required by this section.

The proceeds of the certificates shall be deposited in the special account to the credit of the special taxing district, and shall be solely for the payment of the cost of the local improvement or improvements for which such certificates shall have been authorized and shall be disbursed in the manner provided by the ordinance authorizing the issuance of such certificates. If the proceeds of the certificates of any issue shall exceed the amount required for the purpose for which such certificates shall have been issued, the surplus shall be set aside and used only for paying the principal of and the interest on such certificates. In the event that the actual cost of the improvement or improvements exceeds the estimated cost, the Board may issue additional certificates to cover the deficiency, subject to the same restrictions as contained herein for the original issue of certificates. The issuance of such certificates and the proceedings had and taken in connection with the same may be validated under the provisions of Chapter 75, Florida Statutes.

(f)

Upon completion of the work the County Manager shall cause to be prepared a preliminary assessment roll and file the same with the Clerk of the Board, which roll shall contain the following:

(a)

A description of the lots and parcels of land to be specially assessed and the name of the owner of record of each lot or parcel. Where the cost of the local improvement or any part thereof is to be apportioned to individual lots or parcels on the basis of frontage or square footage, the frontage or square footage of each lot or parcel, as applicable, shall be included.

(b)

The total cost of the improvement.

(c)

An apportionment of the total cost of the improvement to the lots and parcels therein.

Upon the filing with the Clerk of the Board of the preliminary assessment roll required by this section, the Clerk shall mail to all owners of real property which is to be specially assessed a notice stating that at a regular or special meeting of the Board to be held on a certain day and hour all interested persons may appear and file written objections to the confirmation of such roll.

The hearing on and the confirmation of the preliminary assessment roll, the payment of the special assessment and the lien and enforcement thereof shall be governed by the provisions of paragraphs (6), (7), and (8) of Section 18-14 of this article in so far as the same may be applicable.

(g)

All special assessments made under this section on account of the construction of any local improvement shall be pledged to the payment of the principal of and the interest on the certificates issued to pay the cost of such improvement and shall when collected be placed in a separate fund, properly designated, which fund shall be used for no other purpose. In the case of any water system improvement or sanitary sewer improvement the Board may fix such charges for connections made to the improvement either within or outside the district as it may determine to be just and equitable and proceeds of which shall also be pledged to the payment of such principal and interest. The special assessments on the lots and parcels within the district shall be reduced to the extent that any such proceeds shall not be required for payment of such principal and interest.

(h)

Any provision of this article which is inconsistent with the provisions of this section is hereby declared to be inapplicable to the provisions of this section.

(Ord. No. 65-9, § 1, 2-16-65; Ord. No. 68-81, § 16, 12-17-68; Ord. No. 70-47, § 3, 6-9-70)

Editor's note

Ord. No. 65-9, § 1, amended this Code to add a section designated § 18-22A. The editors have redesignated said § 18-22.1 to conform to the numbering system in use elsewhere in this Code.