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HomeMy WebLinkAboutRes 1967-289 Requesting Legislative Delegation from Palm Beach County to the FL Legislature to Submit and Seek Passage of a Special Act for North Palm Beach• • RESOLUTION NO. 289,67 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, REQUESTING THE LEGISLATIVE DELEGATION FROM PALM BEACH COUNTY TO THE FLORIDA LEGISLATURE TO SUBMIT AND SEES THE PASSAGE OF A SPECIAL ACT FOR NORTH PALM BEACH, A COPY OF WHICH IS ATTACHED HERETO MARKED EXHIBIT "A" AND BY REFERENCE MADE A PART HEREOF, * BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA: Section 1. That the Legislative Delegation from Palm Beach County to the Florida Legislature is hereby requested to submit and seek the passage of a special act for North Palm Beach, a copy of which act is attached hereto marked Exhibit "A" and by reference made a part hereof. PASSED AND ADOPTED THIS 2ATH DAY OF JANUARY, 1967 (SEAL) ATTEST: Village Clerk MAYOR • • 1 • 1 BILL 'PO BE ENTITLED AN ACT AMENDING AND SUPPT,FMENTING CHARTER 31481, LAWS OF FLORIDA, EX _SESS , 1956, BEING THE C1thRTER OF THE VILLAGE 'OF NORTH PALM BEACH, FLORIDA, BY (1) ADDING A NEW ARTICLE THERETO PROVIDING FOR THE CONSTRUCTION, ACQUISITION, ,IMPROVEMENT, EXTENSION AND OPERATION OF WATER SYSTEMS, SEWER SYSTEMS, GAS SYSTEMS, ET.FCT.RIC SYSTEMS. PUBLIC PARKING SYSTEMS AND THE ISSUANCE OE' REVENUE BONDS TO FINANCE THE COST OF SUCH SYSTEMS AND OTHER REVENUE PRODUCING UNDERTAKINGS; PROVIDING FOR THE ISSUANr°F OF EXCISE TAX BONDS PAYABLE FROM UTILITIES SERVICES TAXES, CIGARETTE TaxEs, FRANCHISE TAXES, OCCUPATIONAL LICENSE 'FAXES, OR OTHER EXCISE TAXES; PROVIDING FOR TIE ISSUANCE OF ASSESSMENT BONDS PAYABLE FROM THE PROCEEDS O£ SPECIAL ASSLSSMENTS LEVIED AGAINST BENEFITED LANDS AND REAL ESTATE: PROVIDING FOR THE PLEDGE OF ADDITIONAL SECURITY FOR SAID REVENUE BONDS, EXCISE TAX BONDS AND ASSESSMENT BONDS, INCLUDING A PT.FDGE OF THE FULL FAITH AND CREDIT AND TAXING POWER OF SAID VILLAGE: PROVID- ING FOR THE RIGHTS, SECURITY AND REMEDIES OF THE HOLDERS or SUCH RF'JENUE BONDS, EXCISE TAX BONDS OR ASSESSMENT BONDS AND FOR THE SALE THEREOF; AND (2) BY AMENDING ARTICLE V, Section 3(11) BY REMOVING LIMITATIONS ON THE POWER 01 EMINENT DOMAIN BY GRANTING THE POWER To ACQUIRE AND DISPOSE OF REAL AND PERSONAL PROPERTY FOR ANY OF THE PURPOSES OF THE VILLAGE; AND PROVIDING WHEN THIS AcT SHALL TAKE CrF CT. BE IT ENACTED BY THE T.FGISLATURE or- THE STATE OF FLORIDA: ertinn I. That Chapter 31481, Laws of Florida, FX,SESS. 1956, as amended, which created the Village of North palm Beach, Florida, be and the same is hereby zurther amended by the addition or Article IX thereto to Cad as follows, to -wit: i • t • i t s ARTICLE IX USSUANCE OF REVENUE BONDS, EXCISE FAX BONDS, AND ASSESSMENT BONDS Section 1. Revenue bonds, excise tax bonds and ssment bonds may be issued under the provisions of this article. Whenever the words "bond" or "bonds" only ace used in this article such words shall include the revenue bonds, excise tax bonds and assessment bonds provided for in this article to the full extent that the provisions of this article are applicable to such differ- ent types of bonds. The Village may in its discretion designate any Of sucn bonds as certificates instead of bonds. Section 1. The village shall have power to con- struct, acquire, repair, improve, extend and operate water systems, sewer systems, uas systems, electric . vstems, public parking systems, Including botn off-street and on -street public parking facilities, and to issue fran time to time revenue bonds payable from the revenues derived from such water systems, sewer systems, gas systems, electric systems, public parking systems or any other revenue producing undertakings or enterprises which the Village is authorized by this charter or any other law to construct or acquire, thereinafter referred to as "revenue undertakings"), or any combination of such systems or other revenue undertakings, to finance or refinance the cost or part of the cost of the acquisition, construction, reconstruction, repair, extension or improve- ment of such systems or other revenue undertakings or any -2- i • t • i t s ARTICLE IX USSUANCE OF REVENUE BONDS, EXCISE FAX BONDS, AND ASSESSMENT BONDS Section 1. Revenue bonds, excise tax bonds and ssment bonds may be issued under the provisions of this article. Whenever the words "bond" or "bonds" only ace used in this article such words shall include the revenue bonds, excise tax bonds and assessment bonds provided for in this article to the full extent that the provisions of this article are applicable to such differ- ent types of bonds. The Village may in its discretion designate any Of sucn bonds as certificates instead of bonds. Section 1. The village shall have power to con- struct, acquire, repair, improve, extend and operate water systems, sewer systems, uas systems, electric . vstems, public parking systems, Including botn off-street and on -street public parking facilities, and to issue fran time to time revenue bonds payable from the revenues derived from such water systems, sewer systems, gas systems, electric systems, public parking systems or any other revenue producing undertakings or enterprises which the Village is authorized by this charter or any other law to construct or acquire, thereinafter referred to as "revenue undertakings"), or any combination of such systems or other revenue undertakings, to finance or refinance the cost or part of the cost of the acquisition, construction, reconstruction, repair, extension or improve- ment of such systems or other revenue undertakings or any -2- 4 • • 1 combination thereof, including the acquisition of any property, real or personal, or mixed, therefor or other c.csts in connection therewith. Section 3. Any two or more of such systems or other revenue undertakings may be combined and consoli- dated into a single revenue undertaking, and may there- _ after be operated and maintained as a single revenue undertaking. The revenue bonds authorized herein may be issued to finance any one or more of such revenue undertakings separately, or to finance two or more of such revenue undertakings and regardless of whether or not such revenue undertakings have been combined and consolidated into a single revenue undertaking as pro- 1aed herein. if the governing body of the village deems it advisable, the proceedings authorizing such revenue bonds may provide that the Village may thereafter combine the revenue undertakings then being financed or theretofore financed with other revenue undertakings to be subse- quently financed by the Village and that revenue bonds to be thereafter issued by the Village to finance such subsequent revenue undertakings shall be on a parity with the revenue bonds then being issued under such terms, conditions and limitations as shall be provided, and may further provide that the revenues to be derived from the subsequent revenue undertakings shall at the time of the issuance of such parity revenue bonds be also pledged to the holders of any revenue bonds theretofore issued to • • • i finance the revenue undertakings which are later combined with such subsequent revenue undertakings. Section 4. The Village shall also have power to pledge as additional security for such revenue bonds issued under this article any utilities services taxes, cigarette taxes, franchise taxes, occupational license taxes, or any other excise taxes or other funds which the Village may have available to pledge to the payment of the principal of or interest on such revenue bonds, and for reserves therefor, except moneys derived from ad valorem taxes, or any two or more of such excise taxes or other funds. Section 5. The Village shall also have power to issue from time to time excise tax bonds payable from the proceeds of utilities services taxes, cigarette taxes, tranchise taxes, occupational license taxes, or any other excise taxes or other funds with ich the Village may have available to pledge to the payment of the principal of and interest on said excise tax bonds, except moneys derived from ad valorem taxes, to finance or refinance the cost or part of the cost of the construction acquisi- tion, reconstruction, extension, repair or improvement of any works, properties, improvements or other purposes, ex= cept for the payment of current expenses, which the Village is authorized by this charter or any other law to construct, acquire or undertake. Section 6. The Village shall have power to issue assessment bonds to finance the cost, or part of the cost, t a • • of any works or improvements which the Village is authorized by this charter or any other law to construct, reconstruct or improve and to specially assess the cost, or part of the cost, thereof against the lands and real estate specially benefited thereby, and to pledge for the payment of such assessment bonds all or any part of the special assessments levied or to be levied for such works or improvements. The proceedings authorizing the issuance of such assessment bonds may provide that all such special assessments levied for such works or improvements may be deposited in a special fund, which may be pledged for the payment of such assessment bonds, and fnr reserves therefor. The -Village may also pledge as -additional security for such assessment bonds any special assessments theretofore levied for other works or improvements. The Village shall also have power to issue assessment bonds and to pledge for the payment thereof any special assessments theretofore levied for any such works or improvements, regardless of whether such special assess- ments have been levied for any one work or improvement, or far two or more works or improvements, and regardless of the times when such special assessments were levied for sucn works or improvements. The proceedings authorizing the issuance of such assessment bonds may provide that all such special assessments levied for such works or improve- ments may be deposited in a special fund which may be -5- { i • t • pledged for the payment of such assessment bonds and for reserves tnereior. Notwithstanding any other provisions or this charter or of any other law or laws to the contrary, the proceea- sngs authorizing the issuance of any such assessment bonds may proviue that any special assessments, or any part there- �f. pledged for the payment thereon, regaralesa of the tame of the levy of such special assessments, may be paid n full, with or without interest in the discretion of the Village, within a period to be determined by the governing body of the Village, and that after the expiration of such period the annual installments of such special ss_ssments becoming aue thereatter may not be paid prior to the maturity dates of such annual installments except upon payment of all interest due or to became due to the respective maturity dates of such annual installments, or under such terms and conditions as to prepayment of such annual installments as the governing body of the Village shall determine. The power to issue the assessment bonds provided for in this section shall be deemed additional and supplemental authority, and shall not affect the power of the Village to issue assessment bonds or other assessment obligations under any other provisions of this charter or under any other law. The Village shall also have power to pledge any special assessments as additional security for the payment -6- • • i .of any revenue bonds or -excise tax bonds issued to finance_ the works or improvements for the cost, or part of the cost, # which said special assessments have been or are to be levied, under such terms and conditions as the governing nody of the Village stall determine. Section 7. The cost of any works, properties, improvements or other purposes financed by the issuance of bonds under this section shall include, but not be limited - to, construction. costs, engineering, fiscal or financial and legal expenses, surveys, plans and specifications, inr_erest during construction or acquisition and for one year thereafter initial reserve funds, discount. if any, on the sale or exchange of bonds, acquisition or real or personal property, including franchises, and such other costs as are necessary and incidental to the construction or acquisition of such works, properties, improvement or other purposes and the financing thereof. The Village shall have power to_retain and enter into agreements with engineers, fiscal agents or financial advisers, attorneys, architects or other consultants or advisers for the plan- ning, supervision and financing of such works, properties, mmprovements or other purposes upon such terms and conditions as shall be deemed advisable to the governing body of the Village. Section 8. The Village shall also have power to pledge as additional security for the payment of any revenue bonds, excise tax bonds or assessment bonds its full 40 i ..-,.m and ci,-cl'- .iz:i:. ,nci valorem taxing power, LIn0 to . x,.t •C- ••[ SUCI, iCVCilLC Don0s. excise t.yx oon0s UT nb acb=,m 60l,cs si,alt De payable as LO DOC1t pLIDelpa1 caw. ..-..r :ma , bStt'ti-+ L cr::]_GA_. f thll aCi .10icrr'2rn Lct}:t:a .: o i t arable property In the village wi t!lout ku, _,� w�..�.,.UL to ine L:il.i extent that any ::Fit::ia.A a::3or any r 1z J-raL1-d1 if1<aU Jt: pledq&'d Lneier'cir *lit" li:sul.isex=nt ioi_ 1 ..� 1 col l- payment of Lne pl`0= and interest on scion _1.-IE ponds. °txctee LeX DJL301> . or zasstbSment bonus, rand r nere r oa. ; pLo sutU, oweve i , tnac the full L.aitn t dflC L+1Xill�i Y.UM'�_. U1 tne Village shall not De !-.rrl.yeQ I LJ=e payment or suer. leven'le Don0s, excise --: ....n S or asseSsnhent ponds Unless the _issuance Ot tne ii..i Lean approves at an '_lectlun of `uric.-" quaff tied -:.�_,r .!rs reslCl and in said Village wh0 die_ treenolaers - r-_ 1Lec ann neia In the •luunel praviaed in the Constitution - n_r r.. iii:Lt_. al tne State or riw id.a relating to treenaider -_ Lions. r.- w11 !,StarlalnQ any otlLet provisions C-i tn1S cnarter --_ .r r._ ,, ne, law or law a to the contrary, nowever, no _ ocovoi. et Lt1e Qualified electors residing In said t ! Aqe , t,r t r,e quallt.led elector's re 1U_Ing in sales vlliege «.ru fleet -tattlers, or any reterenaur or election of any vi±;t_ resatsnq to the issuance thereot, shall be required the issuance of any of said revenue bonds, excise tax nonas or assessment bonds unless Inc tail taith and credit - 11 ad valorem taxing power of the village is pledged for • t • e the payment of such revenue bonds, excise tax bonds or assessment bonds. 6z,ction 9. The provisions of this section shall apply to any revenue bonds, excise tax bonds or assessment bonds issued under this article. Said bonds may be authorized by resolution or resolutions of the governing body or the Village, which may be adopted at the same meeting at which they are introduced by a majority of all the members thereof then in office and need not be published or posted. Said bonds shall bear interest at a race or rates not exceeding six per centum (6%) per annum, may be in one or more series. may bear such date or dates, may maturetat such time or times not exceeding forty (40) _,ears from their respective dates, except that assessment bonds shall not mature later than two years after the maturity of the last annual installment of the special assessments pledged for the payment of such assessment bonds, may be payable in such medium of payment, at such place or places within or without the state, may carry such registration privileges, may be subject to such terms of prior redemption, with or without premium, may be executed in such manner, may contain such terms, covenants and conditions, and may be in such form otherwise as such resolution or subseauent resolutions shall provide. Said bonds may be sold, or exchanged for refunding bonds, or delivered to contractors in payment for any part of the -LA- • e „orks or improvements tinanced by such bonds, or delivered .xr--range for any properties, either real, personal i nixed, including franchises, to be acquired for such Yorks or Improvements, all at one time or in blocks lrcm Utatr to time, in sucn manner as the governing body of the Village in its discretion shall determine, and at such price or prices, computed according to standard tables of pond values, as will yield to the purchasers, or the Holders of outstanding obligations surrendered in exchange ' for refunding bonds, or the contractors paid with such bonds, or, the owners of any properties exchanged for such bonds, income at a rate not exceeding six per centum (6%) per annum to the stated maturity dates of the bonds on the money paid or the principal amount of outstanding obligations exchanged for refunding bonds, or the amount of any indebtedness to contractors paid with such bonds, or the value of any properties exchanged for said bonds. Pending the preparation of the definitive bonds, interim certificates or receipts or temporary bonds in . _sch _form and with such provisials as the governing bogy of the Village may determine may be issued to the purchaser or purchasers of the bonds issued hereunder. Said bonds nd such interim certificates or receipts or temporary bonds shall be fully negotiable and shall be and constitute negotiable instruments within the meaning of and for all purposes of the law merchant and the negotiable instruments -10- law of the State of Florida. Said bonds may be issued to refund any obligations theretofore issued to finance such revenue undertakings, works or ,improvements theretofore issued under any law ”e laws, or for the combined purpose of refunding such outstanding obligations and the construction, reconstruc- tion, extension or improvement of such revenue undertakings, works or improvements, or any other revenue undertakings, works or improvements. Section 10. Notwithstanding any provisions of any other law or laws to the contrary, all revenue bonds, excise tax bonds or assessment bonds issued under the provisions of this article, shall constitute legal invest- ments for savings banks, banks, trust companies, executors, nistrators, trustees, guardians, and other fiduciaries, and for any board, body, agency or instrumentality of the State of Florida, -or of any county, municipality or other political subdivision of such state; and shall be and constitute securities which may be deposited by banks or trust companies as security for deposits of state, county, municipal and other public funds. Section 11. All property of and all revenues derived from such revenue- undertakings financed under this article shall be exempt from all taxation by the State of _Florida, or by any county, municipality or other political subdivision thereof. Revenue bonds, excise tax bonds or assessment bonds issued pursuant to this article shall, together with the income therefrom, be exempt from all -11- } • a • taxation by the State of Florida, or by any county, municipality, or other political subdivision thereof. Section 12. Any resolution authorizing the issuance of bonds under this article may contain covenants as to: (1) The purposes to which the proceeds of said bonds may be applied, and the securing, use and disposition thereof; (2) The use and disposition of revenues derived from revenue undertakings, excise taxes, ad valorem taxes or special assessments pledged for said bonds, and the creation and maintenance of reserve funds; (3) The pledging of all or any part of the gross revenues derived from revenue undertakings, excise taxes, ad valorem taxes or special assessments to the payment of the principal of and interest on bonds issued pursuant to this article, and for such reserve and other funds as may be deemed necessary or desirable; (4) The fixing, establishment, collection and main- tenance of fees, rentals or other charges for the use and services of facilities of such revenue undertakings, and of the rates or amounts of such excise taxes, ad valorem taxes or special assessments pledged for such bonds as will always provide funds sufficient to pay the principal of and interest on such bonds, and all reserves and other funds required by the terms of the resolution or resolu- tions authorizing the issuance of such bonds; (5) Limitations or restrictions upon the issuance of additional bonds or other obligations payable from the revenues of such revenue undertakings, such excise taxes, ad valorem taxes or special assessments, and the rights -12- �I�I �11 �111 • 1 and remedies of the holders of such additional bonds, or refunding bonds, issued thereafter, and the rank and priority, as to lien and source and security for payment from the pledged funds between bonds issued pursuant to s article and bonds thereafter issued; 06) The appointment of a trustee or trustees to hold and apply any funds provided for in this article and the appointment of a receiver upon in the payment of the principal of default of the Village and interest on said bonds or default under the terms and covenants contained in the proceedings authorizing the issuance of the same; (7) Such other and additional covenants as shall be deemed desirable or necessary for the security of the holders of the bonds issued pursuant to this article. All such covenants and agreements shall constitute valid and legally binding contracts between the Village and the holders of any bonds issued pursuant to this article regardless of the time of issuance thereof, and subject to any limitations contained in the proceedings authorizing the issuance of such bonds, shall be enforce- able by any holder or holders of such bonds, acting either for himself or themselves alone, or acting in behalf of all other holders of such bonds, by appropriate proceedings in any court of competent jurisdiction. Section 13. The holders of the bonds issued pursuant to this article shall have a lien upon revenues derived from revenue undertakings, excise taxes, ad valorem taxes -13- i a • ur special assessments pledged therefor to the extent and in the manner provided in the resolution authorizing the 'ssuance ot such bonds, which lien shall be prior and paramount and over and ahead of any claims or obligations of env nature against said pledged funds subsequently =ir1=1ng or subsequently incurred, except as may be - provided in the resolution or resolutions authorizing sucn ponds. Section 14. In the event that the fees, rentals or other charges for the services and facilities of.said revenue undertakings shall not be paid when due, the village shall have power to discontinue and shut off the 'erv,.ces and facilities of such revenue undertakings, u„ti such fees, rentals or other charges, including interest, penalties and charges for the shutting off and discontinuance or the restoration of such services and facilities are fully paid_ The Village may also shut off and discontinue the services and facilities of any other revenue undertakings owned by the Village for which fees, rentals or other charges are collected, for the non- payment ot the tees, rentals or other charges for such revenue undertaking awned and operated by the Village for which such fees, rentals or other charges are delinquent, .and the Village shall comply fully with any covenants made n the resolution authorizing the issuance of revenue bonds pursuant to this article as to the shutting off and discontinuance of the services and facilities ot said -14- t • 1 revenue undertakings for the non-payment of such fees, rentals or other charges when due. The Village may also enforce payment of such delinquent fees, rentals or other clbarges by any lawful method of enforcement. The Village shall also have power to require the owners or occupants o all lands and real estate which abut on or can use the facilities of any sewer system to connect with and use the facilities of such sewer system. Section 15. It shall not be necessary for the Village in proceeding under this article to obtain any certi- ficate of convenience or necessity, franchise, license, permit or other authorization from any bureau, board, commission or other like instrumentality of the state in order to construct, acquire, or improve such revenue undertakings or to exercise any of the powers granted in this article; and the fees, rentals or other charges to be fixed and collected for the facilities and service's of such revenue undertakings, when constructed, acquired, or improved as provided in this article, shall not be subject to the supervisions -regulation or control by any bureau, board, commission or other like instrumentality of the state. Section 16. This article shall not be construed as repealing or superseding any of the provisions of any general laws of the state relating to municipalities, but to provide an alternative and complete method for the exercise of the powers granted in this article; and the village shall be fully authorized to exercise any powers -15-- } • a • provide° in ; uch general laws upon compliance only with the ;,rovis1uths of .Ducll general Laws . ._-'.Lic,n .Li. The powers conit:rred by tt11s article _ ria 11 be In audition and suppLenlanta1 to the existing powers L„ the Village, and this .article shall not be construed Ceps -ling any o1 tne provisions U1 any otnel law, gen- eral or local, or cnarter provssi.un, but to provide an lternativc and comp1eLe metnod 101 the exercise of the powers granted an tills article. such revenue undertakings may be constructed, acquireo or 1_mproved a11Ci such revenue bonds, excise tax bonds and .assessment bonds issued pur- t eaht to this article without regard to or necessity for, omp11nnre with the limitation: or restrictions contained n anv ocher charter proves n,n, general, special or local law, including, Out not limited to, any requirement for file approval by tne qualified electors residing in said VllLage or qualified electors whu are rreeholders residing in said Village for -the exercise of any of the powers provided in this article, except as provided in Section 8 r this article for the pledge of the .Lull faith and rec,It and ad valorem taxing power or the Village as additional security for such revenue bonds, excise tax ponds or assessment bonds issued pursuant to this article_" :ection 2. Section 3(11) of Article V, Cnapter _1481, Laws of Florida, LX.SESS. 1956, as amended by Section .i of Chapter , Laws of Florida, special Acts -16- of 1965, be, and the same is hereby further amended to x-ea:: as toll.ows, to -wit: •Tn acquire by purchase, girt, devise, condemnation otherwise, property, real or personal, or any estate r interest therein, within or without the Village and for any of the purposes os the village, and to improve, -ell. lease, mortgage, pledge or otherwise dispose of the .ame or any part thereof." Section s. 1£ any section, clause, sentence or provision or this act, or the application of such section, clause, sentence or provision to any persons, bodies or circumstances, shall be held to be inoperative, invalid or unconstitutional, the invalidity of such section, clause, sentence or provision shall be held, deemed or taken to affect the validity or constitutionality of any of the remaining parts of this act, or thee -application of any other provisions of this act to persons, bodies or circumstances other than those as to which it or any - part thereof shall have been held inoperative, invalid or unconstitutional. Section 4. This act shall take effect immediately upon its passage and approval by the Governor, or upon its becoming a law without such approval. -17-