to · hi.tory.-i12, ch. 6201, 1908; gs 969; rgs 1744; cgl 2796. 157.11 lateral drains may be...

Ch. 157 DRAINAGE BY COUNTIES Ch. 157

when the petition mentioned in §157.01, has been considered, deem it improper to grant the same it shall then be denied, but should they deem it proper to grant the same, they shall then enter an order of record that the said petition be granted.

HI.tol'y.-§2. ch. 6036, 1901; GS 961; 12. ch. 6467, 1918; RGS 1736; CGL 2786.

157.03 Commissioners to appoint committee; report of plans and estimate; letting contract; right-of-way for drains.-When the county commissioners shall order that such ditch, drain or canal, shall be established, they shall appoint a committee of three disinterested freeholders who are citizens of the county, who may employ a surveyor, and shall cause an accurate survey to be made of the proposed ditch, drain or canal, and shall establish the commencement, route, and terminus of said ditch, drain or canal, the width, length, and depth thereof, and shall make and present to the county commissioners, at their next regular meeting, or at a meeting as soon thereafter as practicable, plans, specifications and profiles for said construction, together with an estimate of the approximate cost of said ditch, drain or canal, and the annual cost of its maintenance, and upon this report of the said committee, the board of county commissioners shall advertise once a week for three weeks, in a newspaper published in the said county, for bids for the construction of said ditch, drain or canal, and the same shall be given to the lowest responsible bidder; provided, the board of county commissioners may, if they deem it for the best interest of all concerned, reject all bids; and in case said bids are rejected they may advertise for further bids. Whenever the survey for any proposed ditch, drain or canal, shall run through the lands of anyone who shall object thereto, the board of county commissioners may proceed to condemn the right-of-way for such ditch, drain or canal, and pay therefor out of the funels arising from the levy and assessments hereinafter provided for.

HI8tOl'y.-§3. ch. 6035. 1901; GS 962; 13, ch. 6467. 1913; RGS 1736; CGL 2787.

157.04 Bond required before letting contract.-Before letting contract for the construction of any such ditch, drain or canal, the board of county commissioners shall require the contractor to give a good and sufficient bond payable to the governor of the state, for the construction and completion of said work according to plans and specifications and the terms and provisions of the contract.

HI.tol'y.-§4. ch. 6036. 1901; GS 963; 14, ch. 6467. 1913; RGS 1737; CGL 2788.

157.05 Work done under supervision of committee; when completed, report to commissioners; payments.-The work shall be done under the supervision of the committee as hereinbefore provided, and when completed, the committee shall report the same to the board of county commissioners, who shall also inspect 8uch work together with the engineer in charge, and approve the same before final pay-

ment is made to the contractor, and the report of said work, together with the approval of the work by the board of county commissioners and the said engineer, shall be entered upon the minutes of the board of county commissioners; provided, that the board of county commissioners may, during the progress of the said work, if they think proper to do so, make payment in installments on said work of not to exceed eighty per cent of the value of the work so done, to be certified by the engineer in charge, reporting to the board of county commissioners. Such engineer shall be appointed by said committee subject to the approval of the board of county commissioners.

HI.tory.-§6. ch. 6086, 1901; GS 964; 16, ch. 6467. 1918; RGS 1788; CGL 2789.

157.06 Committee to view land before letting contract; assessment; hearing complaints; collection of tax, etc.-If said ditch, drain or canal has been ordered, but before letting the contract therefor, the committee hereinbefore provided for shall view the lands to be benefited by such ditch, drain or canal, as shown by the petition and plat presented to the board of county commissioners, and, after the cost of construction is ascertained, they shall assess each parcel according and in proportion, as it shall be benefited by said ditch, drain or canal, for all expenses that may be incurred in the construction of said ditch, drain or canal, including the interest charges, the expenses of the committee and engineer, and for any condemnation proceedings, together with their estimate of the amount per acre for annual maintenance of said ditch, drain or canal, and shall file a report of the same with the board of county commissioners, who shall at once give notice by publishing in a newspaper published in said county, once a week for two weeks prior to the next regular meeting, that they will, at their next regular meeting, hear complaints from the owners or agents of any lands affected, against the assessment so made, and the board of county commissioners may equalize the assessment so made, but cannot raise or lower the total amount of the assessment so made by the said committee. After hearing such complaints, if any, or equalizing the assessment, if they shall see fit to do so, they shall then turn over to the tax assessor the said assessment, with instructions to enter the same as the levy upon the lands in the regular tax assessment book; said assessment may be levied for one year or in yearly assessments for a period not to exceed thirty years, according as it may be deemed advisable, the manner in which the same is to be levied to be determined by the board of county commissioners and entered of record, when the same is turned over to the tax assessor. The same shall be collected by the tax collector in like manner as other taxes are collected, and made a special fund for the payment of the indebtedness incurred in the construction and annual maintenance of said ditch, drain or canal. -

HI.tory.-16, ch. 6036, 1901; GS 966; 16, ch. 6467, 1918; RGS 1739; CGL 2790.

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Cit. 157 DRAINAGE BY COUNTIES Ch. 157

157.07 Where cost of construction exceeds estimated cost commissioners to assess difference.-Whenever any public drain or auxiliary thereto has been constructed, is now in process of construction, or may hereafter be constructed by the board of county commissioners, under the provisions of any law now in force, or that may hereafter be enacted, and the actual cost of the construction of said drain or auxiliary shall have exceeded or may exceed the estimated cost thereof, said board of county commissioners shall assess against the lands benefited or to be benefited by said drain or auxiliary thereto, the difference between the estimated cost thereof and the actual cost thereof.

HI.tOrT.-Il, ch. 6878, 1906; RGS 1740; CGL 2791.

157.08 Assessments; validation.-After the special drainage district has been constituted and the assessments have been made and levied by the board of county commissioners, and before awarding the contract for the construction of any such ditch, drain or canal, the board of county commissioners shall, as soon as practicable, issue and sell district drainage bonds for the total amount of such assessments, less the interest charges. Said bonds shall bear interest not a exceed six percent per annum, payable semiannually, with interest coupons attached thereto, and shall be issued in denominations of not exceeding one thousand dollars. The board of county commissioners shall, in issuing and selling said bonds, and in disbursing the proceeds thereof, act in substantial conformity with the provisions of these statutes applicable to the issue and sale of bonds for the purpose of constructing hard surfaced highways or public buildings; with the exception, that the assessments for the payment of interest and to provide a sinking fund for the payment of the bonds shall be assessed and collected only upon the taxable property within the boundary of such special drainage district; and the bond trustees shall reside in the county, but not necessarily in the drainage district, but in no case shall district bonds be issued or sold against any drainage district for a greater amount than the assessment imposed upon lands in such district, and the bonds shall be issued in such maturities as will enable them to be paid in installments from time to time as fast as substantial amounts shall accumulate from the collection of the assessments. And the validity of all bonds issued under this chapter may be determined and established in the manner provided by law for the validation of bonds issued by cities and municipalities.

HI.tOrT.-§7, ch. 5036, 1901; GS 966; 17, ch. 6467, 1918; 12, ch. 6968, 1916; RGS 1741; CGL 2792. cf.-Ch. 76 Validation ot municipal bonds.

Ch. 180 County bonda.

more than five dollars per day for time actually spent by each man.

History -19, ch. 5086, 1901; GS 968; 18, ch. 6467, 1918; RGS 1748; CGL 2794.

157.10 Application to lateral ditches.-The provisions of this chapter with reference to locating, surveying, cutting and maintaining the same, and every other provision of said chapter with reference to such public ditch, drain or canal, are made applicable to all lateral ditches and drains that may be deemed necessary or expedient for the drainage and benefit of lands lying in the vicinity of such public ditch, drain or canal, that may be reached, drained or benefited by lateral ditches or drains.

HI.tory.-I12, ch. 6201, 1908; GS 969; RGS 1744; CGL 2796.

157.11 Lateral drains may be established; commissioners may enlarge district or widen any drain; cost; proviso.-Lateral drains may be established in like manner as main ditches, drains or canals. Such lateral ditches, drains or canals may be made a part of the original plat and survey of such main ditch, drain or canal, and may be in the original petition therefor, or may be established in like manner under the provisions of this chapter, at any time after the completion of such main ditch, drain or canal. Any drain or lateral that has been constructed, or which may hereafter be constructed, under the provisions of this or any prior act, shall be and remain under the exclusive control and direction of the board of county commissioners, and no drain shall be connected therewith or cut into the same without the consent of the board of county commissioners first obtained in writing, stating how such connection shall be made, and the connection shall then be made in such manner as the said board shall direct; and any person failing to observe the direction of the board in making such connection shall be guilty of a misdemeanor. The said board of county commissioners may enlarge or extend any drain and drainage district, or deepen or widen any drain, and assess the property benefited and raise the money and pay the cost thereof under the same conditions and procedure provided herein for the establishment and construction of drains; provided, that a drain may be deepened and widened upon the petition of one fourth of the owners of property, or the owners of one fourth of the property originally assessed for the construction thereof. Any mistake, oversight, miscalculation or error in any proceedings had under this chapter may be corrected, and shall thereafter be deemed and held as valid and binding as if the same had not occurred.

HlstOrT.-1l8, cn. 5086, 1901; GS 960; 19, ch. 6467, 1918; 18, ch. 6968, 1916; RGS 1746; CGL 2796.

157.09 Compensation of committee.-The 157.12 Duty of bond trustees to borrow mon-committee appointed by the county commis- ey to pay interest on bonds until collection of sioners for the purpose aforesaid shall receive first assessment; may issue notes; notes and compensation for their services as may be bonds lien against lands; committee may issue agreed upon; provided, they shall not be paid notes.-Whenever any drainage district has

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DRAINAGE BY COUNTIES Ch. 157

been constituted and district drainage bonds issued by the board of county commissioners, as provided in this chapter, the bond trustees shall borrow such money as shall be found necessary to pay the semiannual installments of interest on said bonds until the collection of the first assessment levied against the lands in the drainage district, and said trustees may issue their negotiable notes, bearing interest at not more than eight per. cent per annum, as evidence of and security for such loan as they may procure, and should there not be money to the credit of said drainage fund to pay any future installment of interest at the maturity thereof, the same shall be provided by the trustees in like manner; and the owner and holder of any such note or notes shall have by virtue thereof a lien against the lands in the drainage district, and the moneys raised by the assessments levied thereon for the payment of said note or notes. Bonds issued under this chapter shall be a lien upon the lands embraced within such drainage district, and such lien shall be prior in dignity to all others except taxes. Should the committee, provided for in §157.03, find it necessary to raise money to meet any expense incurred in the discharge of its duties before funds shall be provided by issue and sale of bonds, as herein stipulated, then and in that event the said committee, with the approval of the board of county commissioners, may issue negotiable promissory notes for such amount as shall be found necessary, said notes to bear interest not to exceed eight per cent per annum, and the owner and holder thereof shall have a like lien and be afforded like protection as herein provided for the holder of notes issued by the bond trustees.

BI.tory.-§10. ch. 6467. 1918; 14. ch. 6968. 1916; RGS 1746; CGL 2797.

157.13 Use of surplus of bond proceeds.Should there remain any of the proceeds of the sale of said special drainage district bonds after paying for the construction of the improvements for which said bonds were issued, such surplus shall be held by the bond trustees and paid out by them, upon the order ~f the board of county commissioners, for the repair and maintenance of the public ditches, drains or canals within said special drainage district.

BI.tory.-lll. ch. 6467. 1913; RGS 1747; CGL 2798.

157.14 Owner may pay whole tax In one sum; county commissioners may make new assessments where former assessments found illegal; time in which assessments may be questioned in collateral proceedings.-Any person owning lands assessed for the purposes hereinbefore specified, may, at any time, pay in full the total amount assessed against his property and obtain a release therefrom from the board of county commissioners, and the same shall be entered upon the minutes of the board of county commissioners, and the board of county commissioners shall instruct the tax assessor to thereafter omit the said property, so released, from further assessment for said pur-

pose. And in the event any of the assessments herein provided for shall be found to be irregular or illegal, the said board of county commissioners may make new and other asseS8-ments in accordance with the provisions of this chapter, correcting such irregularities, until the owners of the land assessed shall have paid the amount for which they are ,p,"operly assessable; and in no case sball the validity of any assessment be questioned in any .direct or collateral proceedings brought more than three months after the report of the committee assessing the lands benefited shall be filed with the board of county . commissioners and equalized and approved by said board.

Bl.t{lrJ'_I12. ch. 6467. 1913; 16. ch. 6968. 1916; RGS 1748; CGL 2799.

157.15 County commissioners may issue bonds to pay script; decrease of assessment.The county commissioners may, with the consent of the holder of any 'script issued under the provisions of any existing law to raise money to pay for the construction or the deepening or widening of any ditch, drain or canal. issue bonds for 'a corresponding or longer period, and sell the same and pay the script, or exchange with the holder thereof, cancel tbe original script and lower the annual assessment in accordance with the longer time the bonds may run.

BI.tory.-§13. ch. 6467. 1913; 16. ch. 6968. 1916; RGB 1749; CGL 2800.

157.16 Enlarging drains and assessing cost. -Whenever, heretofore or hereafter, a public drain or auxiliary thereto shall have been constructed by the board of county commissioners of any county under any law now in force, or that hereafter may be in force, the said board of county commissioners upon a petition of one fourth of the owners of the property originally assessed for said drain. shall enlarge or deepen said drain or auxiliaries thereto and assess the cost of such enlargement or deepening of said drain or auxiliaries thereto against the lands benefited thereby.

BI.tory.-12. ch. 6378. 1906; RGS 1763; CGL 2804.

157.17 Assessment to maintain drain&.Whenever any public drain or auxiliaries thereto shall have been constructed by the board of county commissioners of any county under any law now in force, or that may hereafter be in force, the said board of county commissioners may assess against the lands benefited by said drain or auxiliaries thereto the necessary cost of the maintenance and repair of said drain or auxiliaries thereto.

BI.tory.-13. ch. 6378. 1906; RGS 1764; CGL 2806.

157.18 Awarding contract for enlarging or repairing drains.-Whenever it shall become necessary in the opinion of the county commissioners to enlarge or deepen any drain or auxiliary thereto, heretofore constructed, or that may hereafter be constructed, or to contract for the maintenance or repair thereof. the contract for doing such work shall be let

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Ch. 157 DRAINAGE BY COUNTIES

to the lowest bidder therefor, after public advertisement for such time as the county commissioners shall provide by resolution.

Hlstory.-§4, ch. 5378, 1905; RGS 1755; CGL 2806.

157.19 Where actual cost exceeds estimated cost; additional work; assessment for same.Whenever during the construction of any drain or auxiliary thereto, and before the completion thereof, it shall be made evident to the board of county commissioners that the actual cost thereof will exceed the estimated cost thereof, or that further or additional work is necessary to complete said drain or auxiliary not covered or provided for in the original contract of construction, the said board of county commissioners may enter into any or all additional contracts for the additional work necessary to complete said drain or auxiliary thereto without advertising for bids thereon, and they shall make the best contract they can for the interests of the property owners, whose lands have been and will further be assessed to construct said ditch or auxiliary, and said board of county commissioners, shall make all further and necessary assessments against the lands already assessed to pay all necessary costs and charges for the full completion of said drain or auxiliary.

Blotor1.-15, ch. 5378, 1905; ROB 1756; COL 2807.

157.20 Appointment of committee to view work and make assessments; report to commissioners; form of assessment.-Whenever it shall become necessary to raise money for any of the purposes set out in §§157.07 and 157.19 the board of county commissioners shall appoint three competent and disinterested persons who are citizens of the county who shall view the work and all lands benefited by said drain or auxiliaries thereto, both those lands lying immediately along said drain or auxiliaries and those adjacent thereto, and shall assess against each parcel of land according and in proportion as each shall be benefited, its proportionate share of such additional cost of such drain or auxiliary above the estimated cost thereof, which said assessment shall be reported to the county commissioners at a regular meeting of said board, which said assessment shall show each parcel of land so assessed, the amount of said assessment and the names of the several owners, unless the said owners by diligent inquiry cannot be ascertained, when the names shall be given as unknown.

HI8tory.-16, ch. 6378, 1905; RGS 1767; CGL 2808.

or width to which the same shall be deepened and shall make and present to the county commissioners at their next regular meeting, an estimate of the cost of said work, and upon the report of said committee to them, said county commissioners shall advertise not les8 than two weeks in a newspaper published in the county, for bids on said work, to be given to the lowest responsible bidder, with the privilege of rejecting all bids that may be offered, should the samE' be considered unreasonable; and in case the said bids are rejected, they may again advertise for further bids. The said board of county commissioners shall require of the person whose bid is accepted for said work a good and sufficient bond for the faithful performance of said contract, which said work shall be done under the supervision of the committee appointed as aforesaid. When the work shall be completed the committee shall certify the same to the board of county commissioners who shall also inspect such work before final payment is made to the contractor, and such confirmation with the report of the committee that the work has been done according to contract, shall be made a matter of record; provided, that nothing in this chapter shall prevent the county commissioners from making payments in installments during the progress of the work, if deemed expedient. Before letting such contract, the committee appointed by the commissioners shall view the lands to be benefited by the enlargement or deepening of said drain or auxiliary and assess each parcel according and in proportion as each shall be benefited, both those lands lying immediately along such ditch, drain or canal, and those adjacent thereto, for all the expenses that may be incurred in the enlarging or deepening of said drain and keeping the same in repair from year to year, and shall ' file a report of the same with the board of county commissioners, which said report shall show the several tracts of lands assessed and the names of the owners thereof, and the amounts assessed against each tract; provided, however, that if the owners of any tract cannot be ascertained by diligent inquiry, said tract shall be assessed as unknown.

HI8tory.-17, ch. 5378, 1905; RGS 1768; CGL 2809.

157.22 Repairing drains; appointment of committee; report to commissioners; contract; bond; assessment, etc.-Whenever it shall become known to the board of county commissioners that it is necessary to repair any public drain or auxiliary thereto the said board

157.21 Enlargement of drains; appointment of county commissioners shall appointa comof committee; report to commissioners; letting mittee of three competent and disinterested contract; contractor's bond; payments; assess- persons who are citizens of the county who ment.-Whenever the board of county commis- shall ascertain the amount necessary for the sioners shall have determined upon a petition, repair of said work, and who shall report the filed as provided in §157.16, to enlarge or deep- same to the board of county commissioners en any drain, they shall appoint a committee at their next regular meeting, and upon the of the three competent and disinterested per- report of said committee to them they shall sons who are citizens of the county, who shall advertise not less than thirty days in a newscause an accurate survey to be made of the paper published in the county for bids on said proposed work, and shall establish the depth work to be given to the lowest responsible bid-

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der. Before letting the contract for the work, the said county commissioners shall require a sufficient bond from the contractor for the faithful performance of said work; when the work shall be completed the committee shall certify the same to the board of county commIssioners who shall also inspect said work before final payment is made to the contractor, and such confirmation with the report of the committee that the work has been done according to contract shall be made a matter of record. Before letting such contract the committee appointed by the commissioners shall view the lands benefited by such drain or auxiliary and shall assess each parcel according and in proportion as each may be benefited, both those lands lying immediately along the drain or auxiliary thereto and those adjacent thereto for all the expenses that may be incurred in the repair of such drain, and shall file a report of the same with the board of county commissioners. Said report shall show each tract and parcel of land assessed, the amount of said assessment, and the names of the several owners, unless the owner cannot be ascertained by diligent inquiry, when the same may be assessed as unknown.

Bldory.-§8, ch . 5378, 1905; ROS 1759; COL 2810.

157.23 Objections to report of committee fixing assessments; notice; hearing; equalization; assessments; collection by tax collector. -Whenever the report of any committee appointed under the provisions of this chapter, showing the amount of assessment against any lands for work done, or to be done, in accordance with the provisions of this chapter shall have been filed with the board of county commissioners, they shall at once give notice by publishing in a newspaper published in said county, for not less than two weeks prior to a regular meeting that they will at their next regular meeting hear complaints from the owner or agent of any real estate against the assessment so made against said property and the said county commissioners shall have the full power to equalize the assessments so made against said real estate, but cannot raise or lower the entire assessment so made by the committee so appointed by them to make said assessment and said assessment when equalized shall, by the county commissioners when they are satisfied that such assessments are just and proper, be turned over to the tax assessor with instructions to levy such assessment upon such parcels of land as aforesaid; provided, that when the assessment shall have been made under §§157.07, 157.17 or 157.19, the notice published by the county commissioners shall only be required to contain the name of the drain or auxiliary thereto and the total amount of the assessment; and provided further, that when the assessment is made under §157.16, if no other lands are assessed than those assessed for the original construction of the drain or auxiliary thereto, then the notice given by the county commissioners need not contain anything but the name of said drain or auxiliary and the total amount of said

assessment, but if the assessment is made under §157.16 and any other lands are assessed than those assessed for the original cost of the drain or auxiliary then the notice given by the county commissioners shall, in addition to the name of the drain and the total amount of the assessment give the several additional tracts of land so assessed, the owners thereof and the amount of assessment against such additional tracts of land. Said assessments may be levied for one year or in yearly assessments for two, three, four or six years, according as it may be deemed advisable and for the best interests of those concerned, and shall be collected by the tax collector in like manner as other taxes are collected, and made a special fund for the cancellation or redemption of the indebtedness incurred in the construction of said drain or auxiliary as aforesaid.

Hlltor1'.-19, ch. 6378, 1906; RGS 1760; CGL 2811.

157.24 Commissioners may issue interest bearing script against land to borrow money or pay for work; lien on land assessed.-When any assessments under the provision of this chapter have been ordered by the county commissioners they may issue script bearing six per cent interest against the lands assessed, redeemable in one, two, three, four or six years, as the case may be, upon which they may borrow money with which to pay for the work aforesaid, or shall have the right to pay said script when issued for the cost of the work contracted for, direct to the contractor at its face value, and such script shall be a lien upon the lands assessed as aforesaid until such script shall be redeemed, and the indebtedness fully satisfied; provided, that no lien shall lie or be enforced against any tract of land for more than the amount so assessed against said tract.

HI.tor1'.-110, ch. 6378, 1906; RGS 1761: CGL 2812.

157.25 Compensation of committee; irregular assessment corrected.-The committee appointed by the county commissioners for the purposes aforesaid shall receive such compensation for their services as may be agreed upon. In the event any of the assessments herein provided for shall be declared illegal by any court on account of any irregularities therein, the said board of county commissioners may make new and other assessments in accordance with the provisions of this chapter, correcting said irregularities until the owners of the lands assessed shall have paid the amount for which they are properly assessable.

HI.tor,..-I12, ch. 5878, 1906: RGB 1763: CGL 2814.

157.26 Repair and maintenance of drains under supervision of county commissioners.All ditches, drains and canals heretofore or hereafter constructed in any county of the state under the provisions of this chapter, shall for the purpose of maintenance and repair be and remain under the supervision and control of the board of county commissioners of the county where located.

Bistory.-Il, ch. 6190, 1911; ROS 1764; CGL 2815.

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157.27 Proceedings for making repair to drains, etc.-When it shall be made to appear to the board of county commissioners of any county that any such ditch, drain or canal within said county is in need of repair, that fact shall be entered upon the minutes of said board and published in at least one issue of a newspaper published in said county in and with the minutes of said board, and unless good cause to the contrary shall be shown by one or more interested owners of land to be taxed for said purpose, at the next regular meeting of the board, an order may be entered directing such repairs to be made.

HlatorT.-12, ch, 6190, 19U; RGS 1766; CGL 2816.

157.28 Awarding contracts for repair, etc. -If the estimated cost of repairing any such ditch, drain or canal shall not exceed the sum of one hundred dollars, the board of county commissioners shall have full power to have the same done in such manner as said board may see fit; but if such estimated cost shall exceed one hundred dollars, then the contract shall be let to the lowest responsible bidder after giving four weeks' previous notice by advertising once each week in some newspaper published in the county, or by posting in five conspicuous places in the commissioners' district in which such ditch, drain or canal shall be located, and all work done shall be subject to the approval and acceptance of the board of county commissioners.

HI.torT.-13, ch, 6190, 19U; RGS 1766; CGL 2817.

157.29 Levy of tax for maintaining and repairing drains; assessment and collection of tax; sale of land for unpaid taxes.-For the purpose of paying the cost of maintaining and repairing any such ditch, drain or canal and auxiliaries thereto, the board of county commissioners of the several counties of the state, wherein any such ditch, drain or canal is, or may be, located shall, when deemed necessary, levy such tax as in the opinion of said board may be deemed necessary for said purpose, which tax shall be levied upon the same lands originally assessed for the construction of such drain; and the expense of maintenance shall be borne by said lands in the same relative proportion as the original expense of constructing said drain, and the tax so imposed shall be levied and assessed by the same officers at the same time and in the same manner as other taxes are assessed, and shall be collected by the county tax collector as other taxes are collected, and in case

tempt to establish ditch or canal irregular.In all cases where there has been an attempt to establish a public ditch, drain or canal, in any of the counties of this state, and the county commissioners in pursuance of such attempt have proceeded to establish a public ditch, drain or canal, but there has been a failure to comply with the law, either in respect to the proceedings prior to the action by the county commissioners, or in respect to the subsequent proceedings, the lands specially benefited by such public ditch, drain or canal shall be subject to reassessment on account of such special benefit at any time within three years from the final completion of the work, or if bonds or scrip have been issued, at any time before said bonds or scrip shall become due, in case a former assessment shall be discovered to be defective, irregular, or not in compliance with law, or be declared by the judgment of a court to be void.

818tor,..-I1. ch. 6963, 1915; ROS 1768; U, ch, 8130 1823' COL 2818; 17, ch. 22858, 19U, ' ,

157.31 Notice of reassessment for drainage.---;In. all such cases, the board of county commiSSIOners, upon the matter being brought to its attention, shall cause to be published in some newspaper published in the county, once a week for a period of three weeks, a notice substantially in the following form:

"Notice of Reassessment for Drainage. Whereas, it has been discovered that the

proceedings to establish a public ditch, drain or canal, commencing at ______ _ and running in a generaL _____ .__________ course through the following lands, viz. __________ _ were defective, and the assessment in pursuance thereof made was invalid, or irregular and not made in compliance with law, now, therefore, notice is hereby given to all persons interested, that the County Commissioners of --------- county, will be in session at -------------------------- o'clock in the forenoon, at the court house, on the__________ day of _______________ , 19 ________ , for the purpose of providing for a re-assessment of the property specially benefited by the said public ditch, drain or canal, and all persons interested are hereby notified to attend on the said day, and present objections if any, to the said reassessment, and are fur: ther notified that the board will give a hearing to all parties interested, and act on the said matter at the said meeting." c:L.~Vo:-12, ch, 6963, 1915; RGS 1769; 12, ch, 9180, 1928;

of default in the payment of such tax the same 157.32 Reviewing complaints and making penalty shall obtain and the lands may be sold assessment against property benefited.-If it and conveyed in the same way that lands are shall appear to the board, after hearing all sold and conveyed for the collection of other parties interested, that the public ditch, drain taxes, and the money so collected shall be pre- or canal has been an actual special benefit to served in a separate fund for the maintenance the property served by it, and that the proof the ditch, drain or canal for the original ceedings for the establishment thereof have construction of which such lands were been carried out bona fide and without fraud, assessed. the board shall proceed to assess each parcel

HI.torT.-I4, ch. 6190, IBU; RGS 1767; CGL 2818. of land benefited thereby for the expenses in-d.-1298.66 Penalty tor obatroctlnc dralnace canal a. etc. curred in the construction of such ditch, drain

157.30 Reassessment of lands where at- or canal in proportion to the benefit accruing,

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and thereupon the board shall give notice once a week for two weeks, by publishing the same in some newspaper published in the county, that at its next regular meeting it will be in session for the purpose of reviewing the assessments and hearing complaints against the same. If no such complaints are filed in writing on the first day of the meeting of the board the assessments shall stand confirmed. If complaints are filed, the board shall hear and determine the same, and, if allowed, may modify or change the former assessments so as to equitably spread the burden on the property specially benefited.

BIa'HT.-13. cb. 8M3. 11111: RGB 1'l'lO: COL 2821.

157.33 Issuance of script to take up former script or bonds.-After the provisions of §§157.30-157.32 have been complied with, the board may is;suescript or bond-s, as the case may be, to be delivered to the holder or holders of script or bonds issued pursuant to former proceedings upon surrender of the former script or bonds.

BlaterJ'.-It. ch. 8883. 11111: R08 1m: CGL 2822.

157.34 Reassessments to have effect as original assessment.-All assessments made pur-

suant to the provisions of §§l57.30-157.32, shall have the same force and effect as is provided in cases of original assessments, and payment thereof shall be provided for and be enforced in the same manner.

m.'.r1.-IIi. cb. 8883. 11111: R08 1'1'12: CGL 2823.

157.35 Assessments conclusive after lapse of six months.-After the lapse of six months from the final action of the board at its meeting to hear complaints against assessments, all assessments made shall be conclusive in any proceedings at law or in equity, in any court in this state.

BI.'or1.-111, ch. 88113. 11111: RG8 1m: COL 2IH.

157.36 Adjustment of drainage tax Iiens.Boards of county commissioners may act as a board of adjustment in settling and adjusting all delinquent drainage tax liens levied for interest and sinking fund purposes in drainage districts created and established in their respective counties of FI,orida, under authority of this chapter , or -chapter 156, wherein the total delinquent drainage tax liens in such respective drainage districts are in excess of their respective total debt requirements.

Blat.ry.-11. ch. 17C51, 111311: COL 1113. 8upp. 2824(1).

607

Ch. 159 BOND FINANCING Ch. 159

CHAPTER 159

BOND FINANCING

PART I REVENUE BOND ACT OF 1953 (§§159.01-159.19)

PART II FLORIDA INDUSTRIAL DEVELOPMENT FINANCING ACT (§§159.25-159.43)

PART I

159.01 Short title. 159.02 Definitions. 159.03 General powers.

REVENUE BOND ACT OF 1953

159.11 Trust funds.

159.04 Neither credit nor taxing power pledged.

159.05 Purchase of projects. 159.06 Improvement of projects purchased. 159.07 Construction of projects. 159.08 Revenue bonds. 159.09 Trust agreement. 159.10 Revenues of projects.

159.01 Short title.-This part I of chapter 159 shall be known, and may be cited, as the "Revenue bond act of 1953."

mstor,. .-§l, ch. 28045, 1953.

159.02 Definitions.-As used in this part, the following words and terms shall have the following meanings, unless some other meaning is plainly intended:

(1) The word "municipality" shall mean any city, town, village or port authority in the state, whether incorporated by special act of the legislature or under the general laws of the state.

(2) The word "unit" shall mean any county or municipality in the state, now or hereafter created or established.

(3) The term "governing body," as applied to a county, shall mean the board of county commissioners, and as applied to a municipality, shall mean the council, commission or other board or body in which the general legislative powers of the municipality shall be vested.

(4) The word "project" shall include all property, rights, easements and franchises relating thereto and deemed necessary or convenient for the construction or acquisition or the operation thereof, and shall embrace waterworks systems, sewer systems, gas systems, bridges, causeways, tunnels, incinerator and solid waste disposal systems and harbor and port facilities, mass transportation systems, expressways, marinas, civic auditoriums, sports arenas and parking facilities.

(5) A project shall be deemed "self-liquidating" if, in the judgment of the governing body, the revenues and earnings thereof and other special funds pledged therefor as provided in this part, will be sufficient to pay the cost of maintaining, repairing and operating the project and to pay the principal and interest of revenue bonds (as hereinafter defined) which may be issued to pay the cost of such project or improvements thereof.

(6) The term "revenue bonds" shall mean

159.12 Remedies of bondholders and trustee. 159.13 Revenue refunding bonds. 159.14 Alternative method. 159.15 Tax exemption and eligibility as in-

vestments. 159.16 Additional pledge of faith and credit. 159.17 Lien of service charges. 159.18 Collection of charges. 159.19 Additional pledge of excise taxes.

the obligations issued by a unit under the provisions of this part to pay the cost of a self-liquidating project or improvements thereof or combination of one or more projects or improvements thereof, and payable from the earnings of such project, and any other special funds authorized to be pledged as additional security therefor under this part. Whenever the word "bonds" is used in this part, it shall be deemed to mean "revenue bonds," unless the specific term "general obligation bonds" is used.

(7) The word "bridge" and the word "tunnel" shall include not only the bridge or the tunnel but also all structures and equipment connected therewith and the approaches thereto and approach roads.

(8) The word "causeway" shall mean any raised road or way over and across any marshy ground, swamp, river, bay or water in the state, the bridges or tunnels and structures connected therewith, and the approaches thereto and approach roads.

(9) The term "waterworks system" shall mean and shall include water supply systems, water distribution systems and any integral part thereof, whether inside or outside the unit, and shall include but shall not be limited to reservoirs, wells, intakes, mains, laterals, aqueducts, pumping stations, standpipes, filter stations, purification plants, hydrants, meters, valves and equipment.

(10) The term "harbor and port facilities" shall include docks, wharves, piers, warehouses, terminals, refrigerating plants, channels, turning basins, connecting railroads, breakwaters, causeways and bridges, and bulkheads and equipment.

(11) The word "improvements" shall mean such repairs, replacements, additions, extensions and betterments of and to a project as are deemed necessary to place such project in proper condition for the safe, efficient and economic operation thereof, or necessary to pre-

608


serve a project or to maintain adequate service to the public.

(12) The term "cost of improvements" shall mean the cost of construction or acquiring improvements as hereinabove defined and shall embrace the cost of all labor and materials, the cost of all lands, property, rights, easements and franchises acquired which are deemed necessary for such construction, the cost of all machinery and equipment, financing charges, cost of engineering and legal expenses, plans, specifications, surveys, and such other expenses as may be necessary or incident to such construction.

(13) The term "cost of a project" shall mean the cost of acquiring or constructing such project, and the cost of improvements. and shall include the cost of all labor and materials, the cost of all lands, property, rights, easements and franchises acquired, which are deemed necessary for such acquisition or construction, the cost of all machinery and equipment, financing charges, interest prior to and during construction and for one year after the completion of construction, engineering and legal expenses, cost of plans, specifications, surveys, estimates of construction costs and of revenues, other expenses necessary or incident to determining the feasibility or practicability of such acquisition or construction, administrative expenses, and such other expenses as may be necessary or incident to the financing herein authorized and to such acquisition or construction and the placing of the project in operation.

(14) The term "sewer system" shall mean and include sewage disposal systems or sanitary sewer systems and any integral part thereof, whether inside or outside the unit, and shall include but shall not be limited to sewage disposal plants or facilities , sanitary sewers, pumping stations, intercepting or trunk or lateral sewers, and any other properties or works or equipment necessary for the collection, treatment and disposal of sewage and waste matter, including industrial wastes.

(15) The term "gas system" shall mean and include works and structures necessary for the production, supply and distribution of gas, manufactured or natural, for lighting, heating, refrigeration or other domestic or industrial use, whether inside or outside the unit and shall include but shall not be limited to distribution mains, meters, plants, equipment, machinery and any other property necessary for the production, supply and distribution of either manufactured or natural gas, for domestic or industrial use.

(16) The term "utilities services taxes" shall mean taxes levied and collected on the purchase or sale of utilities services pursuant to §§167.431 and 167.45 or any other law.

(17) The term "cigarette taxes" shall mean taxes levied and collected on the purchase or sale of cigarettes under the provisions of chapter 210 or any other law.

(18) The term "franchise taxes" shall mean

payments to a municipality pursuant to the provisions of a franchise granted to a person, firm or corporation for the furnishing of utilities or other services or facilities in such municipality.

(19) The term "mass transportation system" shall mean any system for the transportation of the public by bus, rail or any other means of conveyance serving the general public and moving over prescribed routes.

(20) The term "expressways" shall mean any limited access highway where tolls are charged for use thereof.

(21) The term "marinas" shall mean any facilities for the sale, repair, rental, storage, and servicing of boats.

(22) The term "civic auditorium" shall mean any building constructed for the purpose of serving public gatherings, including but not limited to, conventions, meetings, and concerts where admission may be charged.

(23) The term "sports arena" shall mean any building or enclosed area where fees may be charged for the admission to sporting events.

(24) The term "incinerator and solid waste disposal systems" shall include any system whereby solid wastes are burned, buried, composted or any system for such disposal approved by a state pollution control agency.

(25) The term "parking facilities" shall mean any facility constructed for the purpose of vehicular parking and the use, operation and occupancy of such parking facilities and for which charges are made.

HI.&or1.-12. ch. 28045. 1953 ; 111. 2. ch. 67-550.

159.03 General powers. - The governing body of any unit in the state is hereby authorized and empowered:

(1) To acquire by purchase or to construct, or partly acquire and partly construct, and to improve, repair, reconstruct, own, operate and maintain any self-liquidating project, or any combination or one or more projects as a single project, either inside or outside or partly inside and partly outside of the boundaries of the corporate limits of such unit; provided, however, that the consent of the adjoining governmental authority must be first obtained before a project may be effected outside the boundaries of the corporate limits of such unit;

(2) To issue revenue bonds of such unit, payable from earnings and any other special funds pledged therefor as provided herein, to pay the cost of a project or improvement thereof;

(3) To fix and collect rates, fees, tolls, rentals or other charges for the services and facilities furnished by such project;

(4) To acquire in the name of the unit, either by purchase or the exercise of the right of eminent domain, such lands and rights and interests therein, including lands under water and riparian rights, and to acquire such per-

609


sonal property, as it may deem necessar,f in connection with the construction, reconstruction, improvement, extension, enlargement or operation of any project;

(5) To make and enter into all contracts and agreements necessary or incidental to the performance of its duties and the execution of its powers under this part, and to employ such consulting engineers, attorneys, accountants, construction and financial experts, superintendents, managers, and other employees and agents as may, in the judgment of the govern.;. ing body, be deemed necessary, and to fix theIr compensation; provided, however, that all such expenses shall be payable solely from funds made available under the provisions of this part; and

(6) To receive and accept from any federal agency grants for or in aid of the planning, construction, reconstruction or financing of any project, and to receive and accept aid or contributions from any source of either money, property, labor or other things of value, to be held, used and applied only for the purposes for which such grants and contributions may be made.

Blstor,..-13, ch. 28045, 1853; 13, ch. 67-550.

159.04 Neither credit nor taxing power pledged.-

(1) Revenue bonds issued under the provisions of this part shall not be deemed to constitute a debt of the unit issuing the same or a pledge of the faith and credit of such unit, except as provided in §159.16, but such bonds shall be payable from the funds hereinafter provided therefor from reven ues and any other special funds pledged for the payment of such bonds as provided herein. All such bonds shall contain a statement on their face to the effect that such unit is not obligated to pay the same or the interest thereon except from revenues and other special funds provided for in this part, and that the faith and credit of the unit are not pledged to the payment of the principal or interest of such bonds.

(2) The issuance of revenue bonds under the provisions of this part shall not directly or indirectly or contingently obligate the unit to levy or to pledge any form of ad valorem taxation whatever therefor. No holder of any such revenue bonds shall ever have the right to compel any exercise of the ad valorem taxing power on the part of such unit to pay any such bonds or the interest thereon or to enforce payment of such bonds or the interest thereon against any property of the unit, nor shall such bonds constitute a charge, lien or encumbrance, legal or equitable, upon any property of such unit, except the revenues and other special funds pledged for the payment of such revenue bonds.

Hlltor,..-14, ch. 28045, 1953; 14, ch. 67-550.

159.05 Purchase of projects. - The governing body of any unit is hereby authorized to acquire by purchase, whenever it shall deem

such purchase expedient, any self-liquidating project as hereinabove defined, or any such project, wholly or partly constructed, and any franchise, easements, permits and contracts for the construction of any such project, upon such terms and at such prices as may be reasonable and can be agreed upon between such governing body and the owner thereof, title to be taken in the name of the unit. The governing body may issue revenue bonds of the unit, as hereinafter provided, to pay the cost of the acquisition of such project.

Hlotor,. .-15, ch. 28045, 1853.

159.06 Improvement of projects purchased. -It shall be the duty of the governing body at or before the time any such project shall be acquired by purchase, to determine what repairs, replacements, additions or betterments will be necessary to place the project in safe and efficient condition for use, and to cause an estimate of the cost of such improvements to be made. The governing body shall authorize such improvements before the sale of any revenue bonds for the acquisition of such project, and the cost of such improvements shall be paid for out of the proceeds of such bonds.

Blstor,..-16, ch. 28045, 1853.

159.07 Construction of projects.-The governing body of any unit is hereby authorized and empowered to construct, whenever it shall deem such construction expedient, any selfliquidating project as hereinabove defined.

Blstor,..-17, ch. 28045, 1853.

159.08 Revenue bonds.-(1) The governing body of any unit shall

have the power and it is hereby authorized to provide by ordinance or resolution, at one time or from time to time, for the issuance of revenue bonds of the unit for the purpose of paying all or a part of the cost as hereinabove defined of anyone or more self-liquidating projects of the same class, or any combination thereof as a single project, or of any improvements thereof. The principal and interest of such bonds shall be payable solely from the special funds herein provided for such payment. The bonds of each issue shall be dated, shall bear interest at such rate or rates not exceeding six per cent per annum, shall mature at such time or times not exceeding forty years from their date or dates, as may be determined by the governing body, and may be made redeemable before maturity, at the option of the unit, at such price or prices and under such terms and conditions as may be fixed by the governing body prior to the issuance of the bonds, The governing body shall determine the form of the bonds and the interest coupons to be attached thereto, the manner of executing the bonds and coupons, and shall fix the denomination or denominations of the bonds and the place or places of payment of the 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

610


whose signature shall appear on any bonds provided for the payment of the principal of or coupons shall cease to be such officer be- and the interest on such bonds. fore the delivery of such bonds, such signa- (3) In the event that a unit has heretofore ture or such facsimile shall nevertheless be acquired or constructed a project as hereinvalid and sufficient for all purposes the same above defined, and, to pay the cost of such as if he had remained in office until such de- acquisition or construction or of improvements livery. All revenue bonds issued under the pro- thereof, shall have issued revenue bonds or visions of this part shall have and are certificates of the unit payable from the revehereby declared to be and to have all the qual- nues of such project or any other special funds ities and incidents of negotiable instruments provided for herein, and in the further event under the negotiable instruments law of the that such unit shall desire to construct addistate. Provision may be made for the registra· tions, extensions, improvements or betterments tion of any of the bonds in the name of the to such project or to acquire by purchase or owner as to principal alone and also as to to construct an additional project and to comboth principal and interest, and for the re- bine such additional project with the project conversion of any of the bonds registered as theretofore purchased or constructed, and to to both principal and interest into coupon refund such outstanding revenue bonds or cerbonds. Such bonds may be issued without regard tificates, such unit may provide for the issuto any limitation on indebtedness prescribed by ance of a single issue of revenue bonds under any other law and shall not be included in the the provisions of this part for the combined amount of bonds which any unit may be au- purposes: thorized to issue under any statute or charter. (a) Of refunding such revenue bonds or The governing body may sell such bonds in certificates then outstanding if they have masuch manner and for such price as it may de- tured or shall then be subject to redemption termine to be for the best interests of the or will be subject to redemption within ten unit, but no such sale shall be made at a price years thereafter, or can be acquired for reso low as to require the payment of interest tirement, and on the money received therefor at more than six per cent per annum, computed with relation (b) Of constructing such additions, extento the absolute maturity of the bonds in ac- sions, improvements or betterments or of accordance with standard tables of bond values, quiring by purchase or of constructing such excluding, however, from such computation the additional project, and the principal of and amount of any premium to be paid on the re- interest on such revenue bonds shall be paydemption of any bonds prior to maturity. Prior able from the revenues derived from the opto the preparation of definitive bonds, the gov- eration of the combined projects as a single erning body 'may, under like restrictions, issue project, and any other special funds pledged interim receipts, interim certificates, or tempo- therefor as provided herein. rary bonds, with or without coupons, ex- (4) The ordinance or resolution providing changeable for definitive bonds when such for the issuance of the revenue bonds and the bonds have been executed and are available trust agreement hereinafter mentioned, may f?r delivery. The governing body may also pro- also contain such limitations upon the issuance vIde for the replacement of any bonds which of additional revenue bonds as the governing shall become mutilated, or be destroyed or lost. body may deem proper, and such additional Such revenue bonds may be issued without bonds shall be issued under such restrictions any other proceedings or the happening of any and limitations as may be prescribed by such other conditions or things than those proceed- ordinance or resolution or by the trust agreeings, conditions or things which are specifically ment hereinafter mentioned. All moneys rerequired by this part. ceived from any bonds issued and sold under

(2) The proceeds of such bonds shall be the provisions of this part shall be applied used solely for the payment of the cost of the solely for the purposes for which the bonds project, and shall be disbursed in such manner shall be authorized or to the sinking fund creand under such restrictions, if any, as the ated for the payment of such bonds. governing body may provide. If the proceeds (5) No revenue bonds shall be issued by a of such bonds, by error of estimates or other- unit under the authority of this part unless wis~, .shall be less tha~ th.e cost of the project, the governing body of such unit shall have addItIOnal bonds may 10 hke manner be issued theretofore found and determined: to provide the amount of such deficit, and, un- (a) The estimated cost of the project on less otherwise provided in the ordinance or account of which such bonds are to be issued, resolution or in the trust agreement herein- (b) The estimated annual revenues of such after mentioned, shall be deemed to be of the project, and of any other special funds prosame issue and shall be entitled to payment vided for in this part which are to be from the same fund without preference or pledged as additional security for said bonds, priority of the bonds first issued for the same and project. If the proceeds of bonds issued for (c) The estimated annual cost of m,aintainany project shall exceed the cost thereof, the ing, repairing and operating the project and surplus shall be paid into the fund hereinafter the interest on such bonds and the principal

611


thereof as such interest and principal shall become due.

m.&or,-.-18, ch. 28045, 1853; U, ch. 87-484; 15, ch. 67-550.

159.09 Trust agreement. - In the discretion of the governing body, each or any issue of such bonds may be secured by a trust agreement by and between the unit and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or outside of the State. Such trust agreement may pledge or assign the revenues to be received, but shall not conveyor mortgage any project or any part thereof. Either the ordinance or resolution providing for the issuance of revenue bonds or such trust agreement may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the unit and the governing body thereof in relation to the acquisition, construction, improvement, maintenance, operation, repair and insurance of the project, and the custody, safegual;d:ing and application of all moneys. It shall be lawful for any bank or trust company incorporated under the laws of this state to act as such ' de~ pository and to furnish such indemnifying bonds or to pledge such securities as may be required by the governing body. Such ordinance or resolution or such trust agreement may set forth the rights and remedies of the bondholders and of the trustee, if any, and may restrict the individual right of action by bondholders as is customary in trust agreements or trust indentures securing bonds or debentures of corporations. In addition to the foregoing, such ordinance or resolution or such trust agreement may contain such other provisions as the governing body may deem reasonable and proper for the security of b~mdholder.s. Except as in this part otherwlse provlded, the governing body may provide, by ordinance or resolution or by such trust agreement, for the payment of the proceeds of the sale of the bonds and the revenues of the project to such officer, board or depository as it may determine for the custody thereof, and for the method of disbursement thereof, with such safeguards and restrictions as it may determine. All expenses incurred in carrying out such trust agreement may be treated as a part of the cost of operation of the project affected by such trust agreement.

m.&Or,-.-18, 00. 28045, 1953.

issue of bonds is issued, as to provide a fund sufficient together with any other special funds piedged therefor as provided in this part, to pay the cost of maintaining, repairing and operating such project or projects and the principal of and interest on the revenue bonds as the same shall become due and reserves for such purposes and all such other payments required by the proceedings authorizing the issuance of such revenue bonds. Such rates, fees, rentals, tolls and other charges shall not be subject to supervision or regulation by any state commission, board, bureau or agency.

(2) All or a sufficient amount of the revenues derived from a project or projects for which revenue bonds have been issued shall be set aside at such regular intervals as may be provided in the ordinance or resolution authorizing the issuance of the bonds or in the trust agreement securing the same, in a sinking fund which is hereby pledged to and charged with the payment of the principal and interest upon such bonds as the same shall become due, any premium upon bonds retired by call or purchase as herein provided, and for reserves therefor, and to pay the cost of maintaining, repairing and operating the project or projects and reserves therefor, all in the order of priority and manner as shall be provided in such ordinance or resolution or trust agreement. The use and disposition of such sinking fund shall be subject to such regulations as may be provided in the ordinance or resolution authorizing the issuance of the bonds or in such trust agreement, but, except as may otherwise be provided in such ordinance or resoluti<tn or such trust agreement, such sinking fund shall be a fund for the benefit of all bonds without distinction or priority of one over another.

(3) If any county, city or town or any department, agency or instrumentality thereof elects to avail itself of the services and fucilities afforded by a project financed by it under the provisions of this part, it shall pay for the same at the established rates as the charges therefor accrue, and the revenues so received shall be deemed to be a part of the revenues of such project.

mstory.-§10, ch. 28045, 1953; f6, ch. 67-550.

159.11 Trust funds. - All moneys received pursuant to the authority of this part, whether as proceeds from the sale of revenue bonds or as revenues, shall be deemed to be trust funds, to be held and applied solely as

159.10 Revenues of projects.- provided in this part. The governing body (1) The governing body shall fix and re- shall, in the ordinance or resolution authoriz

vise from time to time rates, fees, rentals, tolls ing the issuance of such bonds or in the trust or other charges for the use of each project or agreement, provide for the payment of the profor the services and facilities furnished there- ceeds of the sale of the bonds and the revenues by and charge and collect the same. Such rates, to be received to any officer who, or to any fees rentals, tolls, or other charges shall be so agency, bank or trust company which, shall act fixed and adjusted, in respect of the aggregate as trustee of such funds, and hold and apply of rates, fees, rentals, tolls or other charges the same to the purposes hereof, subject to from the project or projects for which a single such regulations as this part and such ordi-

612


nance or resolution or trust agreement may provide.

Blstor,..-Ill, ch. 28045, 1953.

159.12 Remedies of bondholders and trustee. -Any holder of revenue bonds issued under the provisions of this part or any of the coupons attached thereto, and the trustee under the trust agreement, if any, except to the extent the rights herein given may be restricted by ordinance or resolution passed before the issuance of the bonds or by the trust agreement, may, either at law or in equity, by suit, action, mandamus or other proceeding, protect and enforce any and all rights under the laws of the state or granted hereunder or under such ordinance or resolution or trust agreement, and may enforce and compel the performance of all duties required by this part, or by such ordinance or resolution or trust agreement, to be performed by the unit or its governing body or by any officer thereof, including the fixing, charging and collecting of rates, fees, rentals, tolls and other charges for the use of the project or for the services and facilities furnished thereby.

Blstor,..-U2, ch. 28045, 1953.

159.13 Revenue refunding bonds.-(1) The governing body of any unit is

hereby authorized to provide by ordinance or resolution for the issuance of revenue refunding bonds of such unit for the purpose of refunding any revenue bonds then outstanding and which shall then have matured or are then redeemable or subject to redemption within ten years thereafter or can be acquired for retirement and issued under the provisions of this part or any other law for the purpose of paying all or a part of the cost of a project as defined in this part. The governing body of any unit is further authorized to provide by ordinance or resolution for the issuance of revenue bonds of the unit for the combined purposes of:

(a) Paying the cost of any improvements of a project or of acquiring by purchase or of constructing an additional project or projects and of;

(b) Revenue refunding bonds of the unit which shall theretofore have been issued for such project and shall then be outstanding and which shall then have matured or are then redeemable or subject to redemption within ten years thereafter or can be acquired for retirement.

The issuance of such revenue refunding bonds, the maturities and other details thereof, the rights of the holders thereof, and the duties of the governing body and of the unit in respect to the same, shall be governed by the foregoing provisions of this part insofar as the same may be applicable.

(2) If such outstanding revenue bonds to be refunded are not immediately redeemable the issuing unit shall have power to invest the proceeds of such revenue refunding bonds in

direct obligations of the United States until the first date upon which such outstanding revenue bonds are redeemable prior to maturity, not in any event later than ten years from the date of issuance of such revenue refunding bonds.

Blstor,..-§13, ch. 28045, 1953; 17, ch. 67-550.

159.14 Alternative method.-This part shall be deemed to provide an additional and alternative method for the doing of the things authorized hereby and shall be regarded as supplemental and additional to powers conferred by other laws, and shall not be regarded as in derogation of any powers now existing. This part, being necessary for the welfare of the inhabitants of the counties and municipalities of the state, shall be liberally construed to effect the purposes thereof.

Bistor,. .-§14, ch. 28045, 1953.

159.15 Tax exemption and eligibility as investments.-

(1) It is hereby found and determined that all of the purposes for which revenue bonds are authorized to be issued by this part constitute essential governmental purposes, and all of the properties, revenues, moneys and other assets owned and used in the operation of such projects, and all revenue bonds issued hereunder and the interest thereon shall be exempt from all taxation by the state or by any county, municipality, political subdivision. agency or instrumentality thereof.

(2) Any revenue bonds issued hereunder shall be and constitute legal investments for all public bodies and for all banks, savings banks, guardians, insurance funds, trustees or other fiduciaries and shall be and constitute eligible securities to be deposited as collateral for the security of any state, county, municipal or other public funds.

Blstory.-§8, ch 67-550.

159.16 Additional pledge of faith and credit.-

(1) Notwithstanding any other provision of this part, any county or municipality issuing revenue bonds hereunder for any of the purposes provided in this part, shall have power to pledge the full faith and credit and ad valorem taxing power of such county or municipality for the payment of the principal of or interest on such revenue bonds if the issuance of such revenue bonds with such additional pledge shall have approval by the qualified electors who are freeholders residing in such county or municipality in an election called, conducted and held in the manner provided in the constitution and statutes of Florida for the holding of freeholder elections.

(2) In the event such additional pledge is made the county or municipality shall be obligated to levy ad valorem taxes without limit as to rate or amount for the payment of the principal of and interest on such revenue bonds, and the issuance of such revenue bonds with such additional pledge of the faith and

613


credit of such county or municipality shall not be subject to any debt limitation contained in any other law, general, special or local.

mator,.-f8, ch. 67-550.

159.17 Lien of service charges.-Any municipality issuing revenue bonds hereunder shall have a lien on all lands or premises served by any water system, sewer system or gas system for all service charges for such facilities until paid, which liens shall be prior to all other liens on such lands or premises except the lien of state, county and municipal taxes and shall be on a parity with the lien of such state, county and municipal taxes. Such liens, when delinquent for more than thirty days, may be foreclosed by such municipality in the manner provided by the laws of Florida for the foreclosure of mortgages on real property.

mato'T.-SS, ch. 67-550.

159.18 Collection of charges.-(1) Any municipality shall have power to

discontinue and shut off the supplying of any or all water, gas and sewer services to any users of the facilities of a water system, gas system or sewer system of such municipality for nonpayment of service charges for any such water system, gas system or sewer system, and may covenant with the holders of any revenue bonds issued hereunder that it will ' not restore the supplying of any water, gas or sewer services to such delinquent users until all charges, with reasonable interest and penalties, for all water, gas and sewer services have been paid in full.

(2) Any municipality shall have power to enter into valid and legally binding contracts with any person, public or private corporation, board or other body supplying water to any premises served by the sewer system or facilities of the municipality for the shutting off and discontinuing of the supply of water to such premises as long as any charges for the sewer services or facilities of the municipality are unpaid, under such terms and conditions as shall be mutually agreed upon, including provisions for the billing and collecting of the sewer charges of the municipality by the owners of the water facilities at the same time water charges are billed and collected by such owners of the water facilities.

Bbio'T.-fS, ch. 67-550.

159.19 Additional pledge of excise taxes.(1) Any municipality may pledge the pro

ceeds of utilities services taxes, cigarette taxes, or franchise taxes, as defined herein, or any other excise taxes or other funds which such municipality is authorized to levy and collect or will have available, as additional security for the payment of the principal of and interest on any revenue bonds issued hereunder, or for reserves for such debt service.

(2) In the event of the pledge of such utilities services taxes, cigarette taxes, franchise taxes, or other excise taxes as provided herein, such pledge shall be and constitute a valid and legally binding contract between the municipality and the holders of such revenue bonds as the case may be, and the municipality shall be obligated to continue the levy and collection of such utilities services taxes, cigarette taxes, franchise taxes, or other excise taxes in accordance with the proceedings which authorize the issuance of the revenue bonds for which such utilties services taxes. cigarette taxes, franchise taxes or other excise taxes are so pledged as additional security as long as any of said reven ue bonds are outstanding and unpaid.

(3) It shall be the mandatory duty of the municipality, when it has so pledged any utilities services taxes, cigarette taxes, franchise taxes or other excise taxes as additional security for such revenue bonds to continue the levy and collection of such utilities services taxes, cigarette taxes, franchise taxes or other excise taxes in the manner provided in the proceedings authorizing the issuance of the revenue bonds for which the same are pledged. and to raise the rates of such utilities services taxes, cigarette taxes, franchise taxes and other excise taxes to the maximum rates permitted by the statutes or franchises in effect at the time of the authorization of such bonds to the full extent necessary to comply with such proceedings authorizing the issuance of such revenue bonds.

(4) The state does hereby covenant with the holders of such revenue bonds that it will not repeal or impair, or amend in any manner which will materially and adversely affect the rights of such holders, the duty and obligation and power of the municipality to levy and collect such utilities services taxes, cigarette taxes, franchise taxes or other excise taxes in accordance with the proceedings authorizing the issuance of such revenue bonds.

maio'T.-fS, ch. 67-550.

PART II

159.25 159.26 159.27 159.28 159.29 159.30

FLORIDA INDUSTRIAL DEVELOPMENT FINANCING ACT

Short title. Legislative findings and purposes. Definitions. General powers. Criteria and requirements. Agreements of lease.

159.31 159.32 159.33

159.34 159.35

614

Tax exemption. Construction contracts. Credit of state or political subdivision

not pledged. Bonds. Trust agreement.


159.36 Revenues. 159.37 Trust funds. 159.38 Remedies. 159.39 Negotiability of bonds.

159.25 Short title.-Part II of chapter 159 shall be known and may be cited as the "Florida industrial development financing act."

B1.'or7.-11. ch. 68-104 .

159.26 Legislative findings and purposes.The legislature finds and determines that in order to promote the industrial economy of the state, increase opportunities for gainful employment and purchasing power, improve living conditions, and otherwise contribute to the prosperity and welfare of the state and its inhabitants, it is necessary and in the public interest to facilitate the financing and provision of capital projects for industrial or manufacturing plants in the state and otherwise effectuate the purposes of §10(c), Art. VII of the state constitution through the authorization of the issuance of revenue bonds by counties, municipalities, special districts, and other local governmental bodies for industrial or manufacturing plants to the extent that the interest on such bonds is exempt from income taxes under the then existing laws of the United States.

BI.'or7.-12. ch. 81-104.

159.27 Definitions.-The following words and terms, unless the context clearly indicates a different meaning, shall have the following meanings:

(1) "Bonds" or "revenue bonds" means the bonds authorized to be issued by any local agency under this part, which may · consist of a single bond. The term "bonds" or "revenue bonds" shall also include a single bond, a promissory note or notes, or other debt obligations evidencing an obligation to repay borrowed money together with any security instruments or agreements securing repayment of such borrowed money and payable solely from the revenue derived from the sale, operation, or leasing of any project.

(2) "Cost" as applied to any project, shall embrace:

(a) The cost of construction; (b) The cost of acquisition of property, in

cluding rights in land and other property, both real and personal and improved and unimproved;

(c) The cost of demolishing, removing, or relocating any buildings or structures on lands so acquired, including the cost of acquiring any lands to which such buildings or structures may be moved or relocated;

(d) The cost of all machinery and equipment, financing charges, interest prior to and during construction, and, if deemed advisable by the local agency, for a period not exceeding one year after completion of construction, the cost of engineering and architectural surveys, plans and specifications; and

(e) The cost of consultant and legal services, other expenses necessary or incident to

159.40 159.41 159.42 159.43

Bonds eligible for investment. Revenue refunding bonds. Cooperation of state. Liberal construction.

determining the feasibility or practicability of constructing such project, adrpinistrative and other expenses necessary or incident to the construction of such project, and the financing of the construction thereof, including reimbursement to any state or other governmental agency or any lessee of such project for such expenditures made with the approval of the local agency that would be costs of the project hereunder had they been made directly by the local agency.

(3) "Governing body" means the board, commission, or other governing body of any local agency in which the general legislative powers of such local agency are vested.

(4) "Local agency" means any county or municipality existing or hereafter created pursuant to the laws of the state or any special district or other local governmental body existing or hereafter created pursuant to the laws of the state, the purpose for the creation of which could reasonably be interpreted to be consistent with the issuance of revenue bonds to finance the cost of projects within the meaning of this part.

(5) "Project" means any capital project comprising an industrial or manufacturing plant, including one or more buildings and other structures, whether or not on the same site or sites; any rehabilitation, improvement, renovation, or enlargement of, or any addition to, . any buildings or structures for use as a factory, mill, processing plant, assembly plant, fabricating plant, industrial distribution center, repair, overhaul or service facility, test facility, and other facilities, including research and development, for manufacturing, processing, assembling, repairing, overhauling, servicing, testing, or handling of any products or commodities embraced in any industrial or manufacturing plant; and including also the sites thereof and other rights in land therefor whether improved or unimproved, machinery, equipment, site preparation and landscaping, and all appurtenances and facilities incidental thereto, such as warehouses, utilities, access roads, railroad sidings, truck docking and similar facilities, parking facilities, dockage, wharfage, and other improvements necessary or convenient fo:r any manufacturing or industrial plant.

(6) "State" means the state of Florida. WO&0r7.-13. ch. 68-104.

159.28 General powers.-Every local agency shall have all of the powers necessary or convenient to carry out and effectuate the purposes and provisions of this part, including, but without limiting the generality of the foregoing, the powers, with respect to any project or projects:

(1) To prescribe rules, regulations, and policies in connection with the performance

615


of its functions and duties under this part; (2) To receive, administer, and comply

with conditions and requirements respecting any gift, grant, or donation of any property or money from any source, whether federal, state, or private;

(3) To make and execute agreements of lease, contracts, deeds, and other instruments necessary or convenient in the exercise of the powers and functions of the local agency under this part, including contracts with persons, firms, corporations, federal and state agencies, and other local agencies, which state agencies and other local agencies are hereby authorized to enter into contracts and otherwise cooperate with any local agency to facilitate the financing, construction, and leasing of any project;

(4) To acquire by purchase, lease, gift, or otherwise, or to obtain options for the acquisition of, any property, real or personal, im..l proved or unimproved, for the construction, operation, or maintenance of any project; provided that no project shall be financed hereunder unless the local agency shall have or shall acquire an interest in the site of the project not of less dignity than a leasehold interest, sufficient for the purpose;

(5) To sell, lease, exchange, transfer, or otherwise dispose of, or to grant options for any such purposes with respect to any real or personal property or interest therein;

(6) To pledge or assign any money, rents, charges, fees, or other revenues and any proceeds derived from sales of property, insurance, or condemnation awards;

(7) To issue revenue bonds of the local agency for the purpose of providing funds to pay all or any part of the cost of any project, and to issue revenue refunding bonds;

(8) To construct, acquire, own, repair, maintain, extend, improve, rehabilitate, renovate, furnish, and equip projects and to pay all or any part of the costs thereof from the proceeds of bonds of the local agency or from any contribution, gift or donation or other funds made available to the local agency for such purpose;

(9) To fix, charge, and collect rents, fees, and charges for the use of any project; and

(10) To employ consulting engineers, architects, attorneys, real estate counselors, appraisers, and such other consultants and employees as may be required in the judgment of the local agency, and to fix and pay their compensation from funds available to the local agency therefor.

Hlstor:r.-f4, ch. 69-104.

159.29 Criteria and requirements.-In undertaking any project pursuant to this part, a local agency shall be guided by and shall observe the following criteria and requirements; provided that the determination of the local agency as to compliance with such criteria and requirements shall be final and conclusive:

(1) The project, in the determination of

the local agency, shall make a significant contribution to the economic growth of the local agency in which it is to be located, shall provide gainful employment, and shall serve a public purpose by advancing the economic prosperity and the general welfare of the state and its people.

(2) No project shall be leased to any lessee which is not financially responsible and fully capable and willing to fulfill its obligations under the agreement of lease, including the obligation to pay rent in the amounts and at the times required, the obligation to operate, repair and maintain at its own expense the project leased, and to serve the purposes of the part and such other responsibilities as may be imposed under the lease. In determining financial responsibility of such lessee consideration shall be given to the lessee's ratio of current assets to current liabilities, net worth, earning trends, coverage of all fixed charges, the nature of the industry or business involved, its inherent stability, any guarantlile of the obligations by some other financially responsible corporation, firm or person, and other factors determinative of the capability of the lessee, financially and otherwise, to fulfill its obligations consistently with the purposes of this part.

(3) The local agency in which the project is to be located will be able to cope satisfactorily with the impact of such project and will be able to provide, or cause to be provided when needed, the public facilities, including utilities and public services, that will be necessary for the construction, operation, repair, and maintenance of the project and on account of any increases in population or other circumstances resulting therefrom.

(4) Adequate provision shall be made for the operation, repair, and maintenance of the project at the expense of the lessee and for the payment of principal of and interest on the bonds, and for reserves therefor.

Hlstor:r.-§5, ch. 69-104.

159.30 Agreements of lease.-(1) No project financed under the pro

visions of this part shall be operated by the local agency or any other governmental agency, provided that the local agency may temporarily operate or cause to be operated all or any part of a project to protect its interest therein pending any leasing of such project in accordance with this part. The local agency shall lease a project or projects to one or more persons, firms, or private corporations for operation and maintenance in such a manner as shall effectuate the purposes of this part, uj1der an agreement of lease in form and substance not inconsistent herewith. Any such agreement of lease may provide, among other provisions, that:

(a) The lessee shall at its own expense operate, repair, and maintain the project or projects leased thereunder;

(b) The rent payable under the lease shall in the aggregate be not less than an amount

616


sufficient to pay all of the interest, principal, and redemption premiums, if any, on the bonds that shall be issued by the local agency to pay the cost of the project or projects leased thereunder;

(c) The lessee shall pay all other costs incurred by the local agency in connection with the financing, construction, and administration of the project or projects leased, except as may be paid out of the proceeds of bonds or otherwise, including, but without being limited to, insurance costs, the cost of administering the bond resolution authorizing such bonds and any trust agreement securing the bonds, and the fees and expenses of trustees, paying agents, attorneys, consultants and· others;

(d) The term of the lease shall terminate not earlier than the date on which all such bonds and all other obligations incurred by the local agency in connection with the project or projects leased thereunder shall be paid in full, including interest, principal and redemption premiums, if any, or adequate funds for such payment shall be deposited in trust; and

(e) The lessee's obligation to pay rent shall not be subject to cancellation, termination, or abatement by the lessee until such payment of the bonds or provision for such payment shall be made.

(2) Such agreement of lease may contain such additional provisions as in the determination of the local agency are necessary or convenient to effectuate the purposes of this part, including provisions for extensions of the term and renewals of the lease and vesting in the lessee an option to purchase the project ~eased thereunder pursuant to such terms and conditions consistent with this part as shall be prescribed in the lease; provided that, except as may otherwise be expressly stated in the agreement of lease to provide for any contingencies involving the damaging, destruction, or condemnation of the project leased or any substantial portion thereof, such option to purchase may not be exercised unless all bonds issued for such project, including all principal, interest and redemption premiums, if any, and all other obligations incurred by the local agency in connection with such project shall have been paid in full or sufficient funds shall have been deposited in trust for such payment; and provided further that the purchase price of such project shall not be less than an amount sufficient to pay in full all of the bonds, including all principal, interest and redemption premium, if any, issued for the project then outstanding and all other obligations incurred by the local agency in connection with such project.

Blotor,..-16, ch. 69-104.

159.31 Tax exemption.-The exercise of the powers granted by this part in all respects will be for the benefit of the people of the state, for the increase of their industry and

prosperity, and for the improvement of their health and living conditions, and for the provision of gainful employment, and will constitute the performance of essential public functions, and the local agency shall not be required to pay any taxes on any project or any other property owned by the local agency under the provisions of this part or upon the income therefrom, and the bonds issued under the provisions of this part, their transfer, and the income therefrom (including any profit made on the sale thereof), shall at all times be free from taxation by the state or any local unit or political subdivision or other instrumentality of the state. Nothing in this section, however, shall be construed as exempting from taxation or assessments the leasehold interest of any lessee in any project or any other property or interest owned by any lessee, and if any project or any part thereof shall be occupied or operated by any private corporation, association, partnership, or person pursuant to any contract or lease with the local agency, the property interest created by such contract or lease shall be subject to taxation to the same extent as other privately-owned property.

Blotor,..- §7, ch . 69-104.

159.32 Construction contracts.-Contracts for the construction of the project may be awarded by the local agency in such manner as in its judgment will best promote free and open competition, including advertisement for competitive bids in a newspaper of general circulation within the boundaries of the local agency; provided, however, that if the local agency shall determine that the purposes of the part will be more effectively served, the local agency in its discretion may award or cause to be awarded contracts for the construction of any project, or any part thereof, upon a negotiated basis as determined by the local agency. The local agency shall prescribe such bid security requirements and other procedures in connection with the award of such contracts as in its judgment shall protect the public interest. The local agency may by written contract engage the services of the lessee or prospective lessee of any project in the construction of such project and may provide in such contract that the lessee or prospective lessee may act as an agent of, or an independent contractor for, the local agency for the performance of the functions described therein, subject to such conditions and requirements consistent with the provisions of this part as shall be prescribed in such contract, including such functions as the acquisition of the site and other real property for such project, the preparation of plans, specifications and contract documents, the award of construction and other contracts upon a competitive or hegotiated basis, the construction of such project, or any part thereof, directly by such lessee or prospective lessee, the inspection and supervision of construction, the employment of engineers, architects, builders, and other

617


contractors, and the provision of money to pay the cost thereof pending reimbursement by the local agency. Any such contract may provide that the local agency may, out of proceeds of bonds, make advances to or reimburse the lessee or prospective lessee for its costs incurred in the performance of such functions, and shall set forth the supporting documents required to be submitted to the local agency and the reviews, examinations, and audits that shall be required in connection therewith to assure compliance with the provisions of this part and such contract.

&18tor1.-§8, ch. 69-104.

159.33 Credit of state or political subdivision not pledged.-

(1) Bonds issued under the provisions of this part shall not be deemed to constitute a debt, liability, or obligation of the local agency or of the state or of any political subdivision thereof, or a pledge of the faith and credit of the local agency or of the state or of any such political subdivision, but shall be payable solely from the revenues provided therefor. Each bond issued under this part shall contain on the face thereof a statement to the effect that the local agency shall not be obligated to PaY the same nor interest thereon except from the revenues and proceeds pledged therefor, and that neither the faith and credit nor the taxing power of the local agency or of the state or of any political subdivision thereof is pledged to the payment of the principal of or the interest on such bonds.

(2) Expenses incurred by the local agency in carrying out the provisions of this part may be made payable from funds provided pursuant to this part and no liability or obligation shall be incurred by the local agency hereunder beyond the extent to which moneys shall have been so provided. Any and all moneys advanced on behalf of any project, which are derived from any tax source of the local agency, shall be repaid from the bond proceeds or from the lessee to the governmental entity which advanced same_

&lslor1.-§9. ch. 69-104.

159.34 Bonds.-(1) The local agency is hereby authorized

to provide for the issuance, at one time or from time to time, of industrial revenue bonds of the local agency for the purpose of paying all or any part of the cost of any project or projects. The bonds shall be designated, subject to such additions or changes as the local agency deems advisable, " _______________________ . __________ _ Industrial Development Revenue Bonds" (inserting in the blank space the name of the local agency which issues the bonds). The principal of and the interest on such bonds shall be payable solely from the funds herein provided for such payment. The bonds of each issue shall be dated, shall bear interest at ·such rate or rates, and shall mature at such time or times from their date or dates as may be determined by the local agency, and

may be made redeemable before maturity at the option of the local agency at such price or prices and under such terms and conditions as may be fixed by the local agency prior to the issuance of the bonds. The local agency shall determine the form and the manner of execution of the bonds, including any interest coupons to be attached thereto, and shall fix the denomination or denominations of the bonds 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 bonds or coupons shall cease to be such officer before the delivery of such bonds, such signature or facsimile shall nevertheless be valid and sufficient for all purposes the same as if he had remained in office until such delivery. The local agency may also provide for the authentication of the bonds by a trustee or fiscal agent. The bonds may be issued in coupon or in registered form, or both, as the local agency may determine, and provision may be made for the registration of any coupon bonds as to principal alone and also as to both principal and interest, and for the reconversion into coupon bonds of any bonds registered as to both principal and interest, and for the interchange of registered and coupon bonds. The local agency may sell such bonds in such manner, either at public or private sale, and for such price as it may determine will best effectuate the purpose of this part.

(2) Notwithstanding any other provisions in this part, revenue bonds and revenue refunding bonds may be issued under this part only to the extent that the interest thereon is exempt from income taxes under the then existing laws of the United States, and revenue bonds may be issued only if they are payable solely from revenue derived from the sale, operation, or leasing of any project or projects.

(3) The proceeds of the bonds of each issue shall be used solely for the payment of the cost of the project or projects, or portion or portions thereof, for which such bonds shall have been issued, and shall be disbursed in such manner and under such restrictions, if any, as the local agency may provide in the resolution authorizing the issuance of such bonds or in the trust agreement hereinafter mentioned securing the same. If the proceeds of the bonds of any issue, by reason of increased construction costs or error in estimates or otherwise, shall be less than such cost, additional bonds may in like manner be issued to provide the amount of such deficiency, and unless otherwise provided in the bond resolution or in the trust agreement, shall be deemed to be of the same issue and shall be entitled to payment from the same fund without preference or priority of the bonds first issued. If the proceeds of the bonds of any issue shall exceed such cost, such excess shall be deposited to the credit of the sinking fund for such bonds, or, if so provided in such resolution or trust

618


agreement, may be applied to the payment of the cost of any additional project or projects.

(4) Prior to the preparation of definitive bonds, the local agency may, under like restrictions, issue interim receipts or temporary bonds, with or without coupons, exchangeable for definitive bonds when such bonds shall have been executed and are available for delivery. The local agency may also provide for the replacement of any bonds which shall become mutilated or shall be destroyed or lost.

(5) Bonds may be issued under the provisions of this part without obtaining, except as otherwise expressly provided in this part, the consent of any department, division, commission, board, body, bureau, or agency of the state, and without any other proceedings or the happening of any conditions or things other than those proceedings, conditions, or things which are specifically required by this part and the provisions of the resolution authorizing the issuance of such bonds or the trust agreement securing the same.

(6) A local agency may provide in any bond resolution authorizing the issuance of bonds, or trust agreement securing the same, and in any agreement of lease or other contract respecting the project, that if at any time after such bonds have been sold and delivered it is ascertained by the local agency or its designee that the interest on the bonds is no longer exempt under federal income tax laws, or that operation of the project is no longer economically or legally feasible by reason of the condemnation, damaging, or de~truction of all or any part of the project or by changes in the law, measures deemed necessary by the local agency may be taken to protect the interest of the holders of its bonds, including the acceleration of the date or dates for calling the bonds for redemption, increasing the redemption premium and the rates of interest on the bonds, or increasing the rent under any such agreement of lease. The local agency may also require financial guarantees by guarantors acceptable to the local agency that obligations of any lessee under any such agreement of lease or contract shall be performed or otherwise satisfied.

m.tory.-§10. ch. 69-104.

159.35 Trust agreement.-In the discretion of the local agency, any bonds issued under the provisions of this part may be secured by a trust agreement by and between the local agency and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or without the state. Such trust agreement or resolution providing for the issuance of such bonds may pledge or assign the fees, rents, charges, proceeds from the sale of any project or part thereof, insurance proceeds, condemnation awards, and other funds and revenues to be received therefor, and may provide for the mortgaging of any project or any part thereof as security for repayment of the bonds. Such trust agreement

or resolution providing for the issuance of such bonds may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, includ .. ing covenants setting forth the duties of the local agency in relation to the acquisition of property and the construction, improvement, maintenance, repair, operation, and insurance of the project or projects in connection with which such bonds shall have been authorized, the fees, rents, and other charges to be fixed and collected, the sale of any project, or part thereof, or other property, the terms and conditions for the issuance of additional bonds, and the custody, safeguarding, and application of all moneys. It shall be lawful for any bank or trust company incorporated under the laws of the state which may act as depository of the proceeds of bonds, revenues, or other money hereunder to furnish such indemnifying bonds or to pledge such securities as may be required by the local agency. Any such trust agreement or resolution may set forth the rights and remedies of the bondholders and of the trustee, and may restrict the individual right of action by bondholders. In addition to the foregoing, any such trust agreement or resolution may contain such other provisions as the local agency may deem reasonable and proper for the security of the bondholders. All e~penses incurred in carrying out the proviSIOns of such trust agreement or resolution may be treated as a part of the cost of the project or projects in connection with which bonds are issued or as an expense of administration of such project or projects, as the case may be.

HlstorY.-lll. ch. 69-104.

159.36 Revenues.-(1) The local agency is hereby authorized

to fix and to collect fees, rents, and charges for the use of any project or projects and any part or section thereof, and to cont~act with any person, partnership, association, or corporation respecting the use thereof. The local agency may require that the lessee or users of any project or any part thereof, shall operate, repair, and maintain the project and shall bear the cost thereof and other costs of the 10c8;1 agency in connection with the project or projects leased, as may be provided in the agreement of lease or other contract with the local agency, in addition to other obligations imposed under such agreement or contract.

(2) The fees, rents, and charges shall be so fixed as to provide a fund sufficient to pay the principal of and the interest on such bonds as the same shall become due and payable and to create reserves for such purposes. The fees, rents, and charges and all other revenues and proceeds derived from the project or projects in connection with which the bonds of any is .... sue shall have been issued, except such part thereof as may be necessary for such reserves or any expenditures as may be provided in the

619


resolution authorizing the issuance of such bonds or in the trust agreement securing the same, shall be set aside at such regular intervals as may be specified in such resolution or such trust agreement in a sinking fund which is hereby pledged to and charged with the payment of the principal of and the interest on such bonds as the same shall become due and the redemption price or the purchase price of bonds retired by call or purchase ~s therein provided. Such pledge shall be vahd and binding from the time when the pledge is made. The fees, rents, charges, and other revenues and moneys so pledged and thereafter received by the local agency shall immediately be subject to the lien of such pledge without any physical delivery thereof or further act, and the lien of any such pledge shall be valid and binding as against all parties having claims of any kind in tort, contract, or otherwise against the local agency, irrespective of whether such parties have notice thereof. Neither the resolution nor any trust agreement by which a pledge is created need be filed or recorded except in the records of the local agency. The use and disposition of money to the credit of such sinking fund shall be subject to the provisions of the resolution authorizing the issuance of such bonds or of such trust agreement. Except as may otherwise be provided in such resolution or such trust agreement, such sinking fund shall be a fund for all such bonds without distinction or priority of one over another.

History .-1 12. ch. 69-104.

159.37 Trust funds.-Notwithstanding any other provisions of law to the contrary, all money received pursuant to the provisions of this part, whether as proceeds from the sale of bonds, sale of property, insurance, or condemnation awards, or as revenues, shall be deemed to be trust funds to be held and applied solely as provided in this part. The resolution authorizing the bonds of any issue or the trust agreement securing such bonds may provide that any of such moneys may be temporarily invested pending the disbursement thereof and shall provide that any officer with whom, or any bank or trust company with which, such moneys shall be deposited shall act as trustee of such moneys and shall hold and apply the same for the purposes hereof, subject to such regulations as this part and such resolution or trust agreement may provide.

Hlstory .-§13, ch. 69-104.

159_38 Remedies.-Any holder of bonds issued under the provisions of this part or any of the coupons appertaining thereto, and the trustee under any trust agreement, except to the extent the rights herein given may be restricted by such trust agreement or the resolution authorizing the issuance of such bonds, may either at law or in equity, by suit, action, mandamus, or other proceeding, protect and enforce any and all rights under the laws of

the state or granted hereunder or under such trust agreement or resolution authorizing the issuance of such bonds, or under any agreement of lease or other contract executed by the local agency pursuant to this part, and may enforce and compel the performance of all duties required by this part or by such trust agreement or resolution to be performed by any lessee or the local agency or by any officer thereof, including the fixing, charging, and collecting of fees, rents, and charges.

Hlstor,..-§14. ch. 69-104 .

159.39 Negotiability of bonds.-All bonds issued under the provisions of this part shall have and are hereby declared to have all the qualities and incidents, including negotiability, of investment securities under the uniform commercial code of the state but no provision of such code respecting the filing of a financ .. ing statement to perfect a security interest shall be deemed necessary for or applicable to any security interest created in connection with the issuance of any such bonds.

Hlstor,..-§15, ch. 69-104.

159.40 Bonds eligible for investment.Bonds issued by any local agency under the provisions of this part are hereby made securities in which all public officers and public bodies of the state and its political subdivisions, all insurance companies, trust companies, banking associations, investment companies, executors, administrators, trustees, and other fiduciaries may properly and legally invest funds, including capital in their control or belonging to them. Such bonds are hereby made securities which may properly and legally be deposited with and received by any state or municipal officer or any agency or political subdivision of the state for any purpose for which the deposit of bonds or obligations of the state is now or may hereafter be authorized by law.

Hlstor,..-§16, ch. 69-104.

159.41 Revenue refunding bonds.-(1) Any local agency is authorized to pro

vide by resolution for the issuance of revenue refunding bonds of the local agency for the purpose of refunding any bonds then outstanding which shall have been issued under the provisions of this part, including the payment of any redemption premium thereon and any interest accrued or to accrue to the date of redemption of such bonds, and, if deemed advisable by the local agency for either or both of the following additional purposes:

(a) Constructing improvements, additions, extensions or enlargements of the project or projects in connection with which the bonds to be refunded shall have been issued; and

(b) Paying all or any part of the cost of any additional project or projects.

The issuance of such bonds, the maturities and other details thereof, the rights of the holders thereof, and the rights, duties and obligations of the local agency in respect to the same shall be governed by the provisions of this part which relate to the issuance of revenue bonds,

620


insofar as such provisions may be appropriate therefor.

(2) Revenue refunding bonds issued under this section may be sold or exchanged for outstanding bonds issued under this part and, if sold, the proceeds thereof may be applied, in addition to any other authorized purposes, to the purchase, redemption, or payment of such outstanding bonds. Revenue refunding bonds may be issued, in the determination of the local agency, at any time not more than five years prior to the date of maturity or maturities or the date selected for the redemption of the bonds being refunded thereby. Pending the application of the proceeds of such refunding bonds, with any other available funds, to the payment of the principal, accrued interest, and any redemption premium on the bonds being refunded, and, if so provided or permitted in the resolution authorizing the issuance of such refunding bonds or in the trust agreement securing the same, to the payment of any interest on such refunding bonds and any expenses in connection with such refunding, such proceeds may be invested in direct obligations of, or obligations the principal of and the interest on which are unconditionally guaranteed by the

United States, which shall mature or which shall be subject to redemption by the holder thereof at the option of such holder not later than the respective dates when the proceeds, together with the interest accruing thereon, will be required for the purposes intended.

OI.tory.-I17, ch. 69-104.

159.42 Cooperation of state.-The state, its officers, departments, divisions, and other state entities are authorized to cooperate with and provide assistance to local agencies in carrying out the purposes of this part and thereby promote the industry and economy of the state. Personnel, facilities, and property under the jurisdiction of such state officers and entities and such appropriated and other funds as from time to time may be available therefor may be used and applied pursuant to this section except to the extent prohibited by law.

0Idor7.-§18, ch. 69-10'.

159.43 Liberal construction.-Part II of chapter 159, being necessary for the prosperity and welfare of the state and its inhabitants, shall be liberally construed to effect the purposes thereof.

0Iotor7.-118, ch. 68-104.

621

Ch. 160 REGIONAL PLANNING COUNCILS Ch. 160

CHAPTER 160

REGIONAL PLANNING COUNCILS

160.01 Establishment of regional planning councils; membership, terms, compensation, etc.

160.01 councils; etc.-

Establishment of regional planning membership, terms, compensation,

(1) Any two or more counties and municipalities are hereby authorized and empowered to create and establish a regional planning council to be composed of two representatives appointed thereto by each county commission and municipal legislative body desiring representation on such council and to appropriate moneys, in lump sum or otherwise, from their respective public funds for the purpose of carrying out the provisions of this law. Such funds shall be expended only for public purposes, and provision for annual audit thereof shall be made. Such annual audits shall be furnished to the governing bodies of each participating county and municipality for their examination. In addition, each governmental unit shall be entitled to appoint one additional representative for each fifty thousand population residing within the boundaries of the mUJ

nicipality or county. Participating governmental units may designate to membership ex officio and without vote their chief planning officer and engineer, or either of them.

(2) Members of such regional planning council representing counties and municipalities shall receive no compensation for their services, but shall be reimbursed for traveling expenses as provided in §112.061.

(3) The term of office of the members of any regional planning council shall be for staggered terms of three years. The method of filling vacancies shall be determined by the county commissions and municipal legislative bodies desiring representation on such council.

Blstory.-§l. ch. 59-369; f 19. ch. 63-400 ; 11. ch. 69-63.

160.02 Powers of counciI.-Any regional planning council created hereunder shall have the following powers:

(1) To adopt rules of procedure for the regulation of its affairs and the conduct of its business, and to appoint from among its members a chairman to serve annually, provided that such a chairman may be subject to reelection.

(2) To adopt an official name and seal.

160.02 Powers of council.

(3) To maintain an office at such place or places within the state as it m~y designate.

(4) To employ and to compensate such personnel, consultants, and technical and professional assistants as it shall deem necessary to exercise the powers and perform the duties set forth in this law.

(5) To make and enter into all contracts and agreements necessary or incidental to the performance of its duties and the execution of its powers under this law.

(6) To hold public hearings and sponsor public forums in any part of the regional area whenever it deems it necessary or useful in the execution of its other functions.

(7) To sue and be sued in its own name. (8) To accept and receive, in furtherance

of its functions, funds, grants and service from the federal · government or its agencies; from departments, agencies and instrumentalities of state, municipal or local government; or from private or civic sources.

(9) To receive and expend such sums of money as shall be from time to time appropriated for its use by any county or municipality represented on such council and, with the approval of the division of commercial development of the department of commerce, to act as an agency to receive and to expend federal funds for planning.

(10) To act in an advisory capacity to the constituent local governments in regional, metropolitan, county and municipal planning matters involving land use, water resources, highways, recreational areas, public schools, sewage and garbage disposal, public libraries, urban redevelopment and other matters concerning the acquisition, planning, construction, development, financing, control, use, improvement and disposition of lands, buildings, structures, facilities, goods or services in the interest of the public, or for public purposes involving the expenditure of public funds.

(11) To cooperate, in the exercise of its planning functions, with federal and state agencies in planning for civil defense.

BlstorY.-12. ch. 59-369; 1117. 35. ch. 69-106.

622

Ch. 161 BEACH AND SHORE PRESERVATION ACT Ch. 161

CHAPTER 161

BEACH AND SHORE P ,RESERVATION ACT

PART I REGULATION OF CONSTRUCTION, RECONSTRUCTION AND OTHER PHYSICAL ACTIVITY (§§161.011-161.131)

PART II BEACH AND SHORE PRESERVATION DISTRICTS (§§161.25-161.45)

PART I

REGULATION OF CONSTRUCTION, RECONSTRUCTION AND OTHER PHYSICAL ACTIVITY

161.011 161.021 161.031 161.041 161.051

Short title. Definitions. Personnel and facilities. Permits required. Coastal construction by persons, firms,

corporations, or local authorities. 161.061 Coastal construction serving no public

purpose, endangering human life, health or welfare, or becoming unnecessary or undesirable.

161.0U Short title.-This chapter parts I and IT, may be known and cited as "the beach and shore preservation act."

Histor:r.-§l, ch. 65-408. Note.-8lmllar provisions In former 1161.01.

161.021 Definitions.-In construing these statutes, where the context does not clearly indicate otherwise, the word, phrase, or term:

* (1) ["Department" means the department of natural resources.]

* (2) ["Division" means the division of marine resources of the department of natural resources.]

(3) "Beach and shore preservation," "erosion control, beach preservation and hurricane protection," "beach erosion control" and "erosion control" includes, but is not limited to, erosion control, hurricane protection, coastal flood control, shoreline and offshore rehabilitation, and regulation of work and activities likely to affect the physical condition of the beach or shore.

(4) "Coastal construction" includes any work or activity which is likely to have a material physical effect on existing coastal conditions or natural shore processes.

(5) "Emergency" means any unusual incident resulting from natural or unnatural causes which endanger the health, safety, or resources of the residents of the state, including damages or erosion to any shoreline resulting from a hurricane, storm, or other such violent disturbance.

Rldor:r.-U, ch. 65-408; 1125, 35, ch. 6G-I06. ONote.-125, ch. 69-106 abolishes the state board of conser

vation and transfers Its powers, duties and functions to the department of natural resources and the definition of "department" has been substituted for "board." The same section of ch. 69-106 transferred the division of beaches and shores to the division of marine resources of the department of natural resources and the definition of "division" reflects that change. ~o~~bSeqUent reviser's bill· will Include the change of deflnl-

161.031 Personnel and facilities.-The department of natural resources may call to its assistance temporarily, any engineer or other employee in any state agency or department

161.071

161.081 161.091 161.101

161.111 161.121 161.131

Prosecuting officers to assist enforce-ment of part I of this chapter.

Powers of attorney general. Erosion control account. State participation in federally au

thorized projects relating to beach erosion control.

Shore erosion emergency. Penalty. Construction of §§161.011-161.121.

or in the university of Florida or other educational institution financed wholly or in part by the state, for the purpose of devising the most effective and economical method of averting and preventing erosion, hurricane and storm damages. These employees shall not receive additional compensation, except for actual necessary expenses incurred while working under the direction of the division of marine resources.

Hlotor:r.-Il, ch. 65-408; 1525, 35, ch. 69-106.

161.041 Permits required.-If any person, firm, corporation, county, municipality, township, special district, or any public agency shall desire to make any coastal construction or reconstruction or change of existing structures, or any construction or physical activity undertaken specifically for shore protection purposes, or other structures and physical activity including groins, jetties, moles, breakwaters, sea walls, revetments and artificial nourishment or other deposition or removal of beach material or other structures if of a solid or highly impermeable design, upon sovereignty lands of Florida, below the mean high water line of any tidal water of the state, a permit must be obtained from the department of natural resources prior to the commencement of such work. Application for coastal construction permits as defined above shall be made to the division of marine resources upon such terms and conditions as set by the department.

Hldor:r.-fl, ch. 65-408; 1125, 35, ch . 69-106.

161.051 Coastal construction by persons, firms, corporations, or local authorities.-Where any person, firm, corporation, county, municipality, township, special district, or any public agency shall construct and install projects when permits have been properly issued, such works and improvements shall be the property of said person, firm, corporation, county, municipality, township, special district, or any public agency where located, and shall thereafter be main-

623


tained by and at the expense of said person, firm, corporation, county, municipality, township, special district, or other public agency. No grant under this section shall affect title of the state to any lands below the mean high water mark, and any additions or accretions to the upland caused by erection of such works or improvements shall remain the property of the state if not previously conveyed. The state shall in no way be liable for any damages as a result of erections of such works and improvements, or for any damages arising out of construction, reconstruction, maintenance, or repair thereof, or otherwise arising on account of such works or improvements.

BI8tor".-I1. ch. 65-408.

161.061 Coastal construction serving no public purpose, endangering human life, health or welfare, or becoming unnecessary or undesirable.-

(1) Any coastal construction, or any structure including groins, jetties, moles, breakwaters, sea walls, revetments, or other structures if of a solid or highly impermeable design upon sovereignty lands of Florida, below the mean high water line of any tidal water of the state, regardless of date of construction or whether a permit has been issued in accordance with part I of this chapter, which serves no public purpose, or which is dangerous to or in any way endangers human life, health, or welfare, or which proves to be undesirable or becomes unnecessary, as determined by the department of natural resources, shall be adjusted, altered, or removed by the abutting upland property owner after written notice by the division and an opportunity for the owner to be heard. Request for hearing must be filed by the owner with the department within fifteen days after such notice. Adjustments, alterations, or removals required by this section shall be accomplished at no cost to the state. The decision of the department as to whether to adjust, alter, or remove such coastal construction or structure shall be final and the department shall set a reasonable time within which the adjustment, alteration, or removal shall be accomplished.

(2) In the event that the upland property owner does not adjust, alter, or remove any coastal construction, or other structure including groins, jetties, moles, breakwaters, sea walls, revetments, or other structures if of a solid or highly impermeable design upon sovereignty lands of Florida, below the mean high waterline, when requested or directed by the department in accordance with subsection (1) of this section, the department may alter, adjust, or remove such coastal construction or structures at its own expense, and the costs thereof shall become a lien upon the property of said abutting upland property owner.

Blotor;r.-f1, ch. 65-408; 1125, 35, ch. 69-106.

state or county, and sheriffs and their deputies of the several counties of this state, shall assist the department of natural resources in enforcement of part I of this chapter. The officers and their deputies shall, upon information that any persons, firms, or corporations are violating any of the provisions of part I of this chapter, report the same, together with the information in their possession relating thereto, to the department and shall cooperate with the department in carrying out the provisions of part I of this chapter. The state attorneys and other prosecuting officers of the state or any county, upon the request of the department, shall institute and maintain such legal proceedings as may be necessary to carry out the enforcement of the provisions of part I of this chapter.

BI5tor" .- 11, ch. 65-408 ; §§25, 35, ch. 69-106.

161.081 Powers of attorney general.-Where a permit is required under part I of this chapter and has not been issued as provided herein, any such project or physical activity shall be considered a public nuisance and the attorney general may at the request of the department of natural resources institute proceedings to enjoin or abate such nuisance.

BI8tor".-11, ch. 65-408 ; f§25 , 35, ch. 69-106.

161.091 Erosion control account.-(1) There is created in the state treasury

an account to be known as the erosion control account. Subject to such appropriations as the legislature may make therefor from time to time, disbursements from this account may be made by the division of marine resources of the department of natural resources subject to the approval of the department in order:

(a) To carry out the proper state responsibilities in a comprehensive, long range, statewide plan for erosion control, beach preservation, and hurricane protection;

(b) To provide matching funds according to a formula to be determined by the department to undertake erosion control, beach preservation, and hurricane protection work;

(c) To make loans or grants to localities for erosion control, beach preservation, and hurricane protection work of an emergency nature; and

(d) To undertake such other erosion control, beach preservation and hurricane protection work or activity as may be in the interest of the state as determined by the department.

(2) The erosion control account and the moneys deposited therein shall be under the direct supervision and control of the department and such moneys may be disbursed by the state treasurer from time to time upon requisition as determined by the department.

Blstor".-I1, ch. 65-408; §§25, 35, ch. 69-106.

161.101 State participation in federally authorized projects relating to beach erosion control.-

161.071 Prosecuting officers to assist en- (1) Whenever a beach erosion control proj-forcement of part I of this chapter.-State ect has been authorized by congress for fedattorneys, or other prosecuting officers of the eral financial participation in accordance with

624


any act of congress relating to beach erosion control in which nonfederal participation is required, it shall be the policy of the state to assist with an equitable share of such project to the extent that funds are available, as determined by the department of natural reoJ

sources. (2) The department is authorized, for and

in behalf of the state, to accept such federal moneys for beach erosion control as are available and to sign all necessary agreements therefor, and to do and perform all necessary acts in connection therewith to effectuate the intent and purposes of such federal aid.

Hlotory.-§l, ch. 65-408 ; f§25, 35, ch. 69-106.

161.111 Shore erosion emergency.-If a shore erosion emergency is declared by the governor, the state, acting through the department of

natural resources, may spend whatever state funds are available to alleviate shore erosion, including such funds specifically set aside for such purposes in the erosion control account.

Hlotory.-§l, ch. 65-408; §§25, 35, ch. 69-106.

161.121 Penalty.-Whoever shall fail to comply with the provisions of part I of this chapter is guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed $500.00 or by imprisonment not exceeding 6 months, or by both such fine and imprisonment.

History.-§1, ch. 65-408.

161.131 Construction of §§161.011-161.121.The provisions of §§161.011-161.121 shall be liberally construed by all concerned in a manner to best accomplish the beach and shore preservation purposes and programs.

HlstorY.-13, ch. 65-408.

PART II

BEACH AND SHORE PRESERVATION DISTRICTS

161.25

161.26 161.27 161.28

161.29 161.30

161.31 161.32 161.33

161.34

County beach and shore preservation authority; board of county commissioners.

Expenses; use of county funds. Personnel and facilities. Comprehensive county beach and shore

preservation program. Benefit categories or zones. Election for creation of beach and shore

preservation district, Establishment of district by resolution. Existing erosion prevention district. Cooperation with federal, state and

other governmental entities. Coordination of county preservation ac

tivities.

161.25 County beach and shore preservation authority; board of county commissioners.-To carry out the beach and shore preservation program, the board of county commissioners of any county and its successors in office, as an ex officio duty, are hereby severally constituted as the beach and shore preservation authority for their county. In this capacity, any such board of county commissioners may at its own initiative take all necessary steps as soon as practicable and desirable to implement the provisions of this chapter.

Hlstory.-§1, ch. 65-408. Note.-8lmllar provisions In former §l61.03.

161.35

161.36 161.37

161.38 161.39

161.40 161.41 161.45

County shoreline; supervisory and regulatory powers of board of county commissioners.

General powers of authority. Capital, operation and maintenance

costs; district benefits tax levy. Issuance of bonds. Cooperation between two or more coun-

ties. Tax exemptions, Construction of §§161.25-161.40. Effect of repeal of ch. 158 on districts

created prior to repeal.

county commissioners. History.-il, ch. 65-408. Note.-8lmllar provisions In former 1161.04.

161.27 Personnel and facilities.-In carrying out the purposes of part II of this chapter, the board of county commissioners may use to the extent feasible any personnel or facilities employed by or available to the county. In addition, the board of county commissioners may hire such personnel and contract for such services as may prove necessary or desirable.

Blltory.-§l, ch. 65-408. Note.-8lmllar provisions In former 1161.05.

161.26 Expenses; use of county funds.-The 161.28 Comprehensive county beach and board of county commissioners of any of the shore preservation program.-The board of counties is authorized to use any available county commission·ers· of any of the counties county funds to meet necessary expenses of its may, by assignments to legally qualified perbeach and shore preservation program. This sonnel, whose services are made available as may include, among other things, costs of stud- provided in §161.27, initiate and carry on ies, surveys, planning, engineering, coordina- such studies and investigations as may be necestion, negotiation, acquisition of lands, construc- sary to plan a logical and suitable program for tion of works and facilities, operation and main- comprehensive beach and shore preservation tenance, and other activities incidental to ac- within its county. This program may incorpoquisition and construction to the extent con- rate all or part of the recommendations of the sidered proper and desirable by the board of United States army corps of engineers concern-

625


ing beach and shore restoration and erosion control, if there be any, and may additionally provide to an appropriate extent for the other aspects of beach and shore preservation. In conducting its studies and making its plans for a beach and shore preservation program, the board of county commissioners shall hold sufficient public hearings to ascertain the views and feelings of affected property owners in the various localities of the county regarding the needs to be served and manner in which they should best be served. The board of county commissioners shall give proper and reasonable consideration to all evidence received in planning the beach and shore preservation program.

BlotorJ.-fl, ch. 65-408. Note.-8lmllar provisions In former 1161.06.

161.29 Benefit categories or zones.-Upon adoption of a reasonably final plan of improvement for the beach and shore preservation program for the entire county, the board of county commissioners shall conduct, through the use of personnel competent and qualified in this field, an economic analysis of the proposed program, determining the nature and extent of benefits expected to accrue from the program and allocating these benefits to their proper recipients by categories or zones of comparable benefits, and place in the same zone areas of equal benefit, or follow such other method as may be deemed suitable for the purposes of this section. From time to time, the board of county commissioners shall conduct in the same or similar manner a new analysis to better determine and allocate actual or expected benefits.

Blotory.-fl, ch. 65-408. Note.-8lmllar provisions In former 1161.07.

161.30 Election for creation of beach and shore preservation district.- ..

(1) The board of county commlssIO~ers, as the county beach and shore preservatIOn authority, shall have the power to create and establish one or more beach and shore preservation districts within the particular county.

(a) Proceedings for the establishment of such district or districts may be initiated by the board of county commissioners upon its own initiative or mandatorily upon petition by ten per cent of the registered freeholders within any area proposed for a district, except that the boundaries of such proposed district must first be approved by the board of county commissioners as being suitable and consistent with the comprehensive beach and shore preservation plan; and

(b) No district may be established under part II of this chapter for an area found or held to be not suitable for such purpose in any respect by the department of natural resources acting as the beach erosion control agency for the state under §370.02.

(2) (a) After approving the boundaries of a proposed district, the board of county commissioners shall then advertise its intention to establish the district by publishing notice once each week for four consecutive weeks in a newspaper having general circula-

tion in the area of the proposed district for the purpose of notifying the owners of land to be included in the proposed district.

(b) Not less than two weeks and not more than four weeks following publication of the fourth and final notice, a public hearing, duly advertised as a part of the published notice~ shall be held at a central and prominent place within the area of the proposed district.

(c) At such hearing, owners of land to be included in the proposed district shall have an opportunity to be heard as to whether theirlands will receive any benefits from such district.

(d) After holding the public hearing, the board of county commissioners may establish the proposed district upon its own motion, ormay submit the question as to whether the proposed district shall or shall not be established to the freeholders of the proposed district.

(3) If the board of county commissioners~ in its discretion, determines that a referendum should be held then all freeholders of the proposed district area who are qualified electors, as determined by the county supervisor of elections, shall be eligible to vote and the majority of those actually voting shall decide whether the proposed district shall or shall not be established.

(a) All such elections shall be conducted by and at the expense of the board of county commissioners.

(b) Elections for any particular proposed district shall be held not more than once in two years, except that this limitation shall not preclude all or part of an unsuccess~ ful proposed district from being included within another proposed district for which the boundaries are sufficiently different in the eyes of the board of county commissioners to warrant an election.

BlotorJ.-I1, ch . 65-408 ; 12, ch. 65-60; ff25, 35, ch. 69-106. Note.-8lmllar provisions 1n former 1161.08.

161.31 tion.-

Establishment of district by resolu-

(1) Following a favorable vote at any election held to decide upon the creation of a beach and shore preservation district, or by a vote of the board of county commissioners as provided in §161.30, the board of county commissioners shall as soon as practicable officially establish such district by resolution, setting forth precise boundaries, the name, and any other specific information pertinent to the district in question. Such resolution shall be a valid and legal charter for the subject district for all re~ quired purposes and shall be filed in the permanent records of the county.

(2) Districts established under the provisions of part II of this chapter shall constitute public bodies corporate and politic, exercising public powers and all other powers and duties incident to such bodies.

(3) The board of county commissioners shall serve as the governing body for all districts created under this authority and shall

626


-proceed as expeditiously as possible to determine and implement policy and program for -each such district in accordance with the overall county program, except that the board of -county commissioners may re-ceive guidance in these matters for each district from an advisory group, consisting of not less than three nor more than five persons, which the board of -county commissioners may appoint from any or each such district. Members of such advisory group shall have no definite term of office but .shall serve at the pleasure of the board of county commissioners.

(4) To further provide for efficient administration of the district program, the board of county commissioners may hire such additional personnel or contract for such additional services as it considers necessary or desirable in each case.

(5) A uniform ad valorem tax not to exceed one mill per year on all nonexempt taxable property within the district may be levied for a period of not more than two years to defray organizational and administrative costs of said district.

Hlstory.-11, ch. 65-408. Note.-8lmllar provisions In former 1161.0g.

161.32 Existing erosion prevention district. -Part II of this chapter shall not be construed to impair the existence, powers or functions of any existing erosion prevention, beach or shore preservation districts created by special or local act; provided, however, that any such existing district may recreate and re-establish itself under the provisions of this act as if originally created and established hereunder in all respects, by resolution of its governing body adopting the provisions of chapter 161, in their entirety and thereafter shall function as a beach and shore preservation district created and established under the provisions of part II of this chapter.

Hlstory.-11, ch. 65-408.

161.33 Cooperation with federal, state and other governmental entities.-

(1) The board of county commissioners, for itself or on behalf of any and all duly established beach and shore preservation districts within the county, may enter into cooperative

value. The board of county commissioners is authorized to make application for federal participation in the cost of any beach and shore preservation program under any acts of congress and all amendments thereto.

HlstorY.-11, ch . 65-408; 1125, 35, ch. 69-106. Note.-8lmllar provisions In former 1161.10.

161.34 Coordination of county preservation activities.-The board of county commissioners shall coordinate the work and activity of all districts established hereunder within the county and, to further insure harmony and consistency with the overall county beach and shore preservation plan, shall establish working liaison with each municipality and other agencies and groups involved in beach and shore preservation activity within the county.

HI.tory.-11, ch. 65-408. Note.-8lmllar provisions In former 1161.11.

161.35 County shoreline; supervisory and regulatory powers of board of county commissioners.-

(1) With the consent of the department of natural resources and of any municipality or other political authority involved, the board of county commissioners may regulate and supervise all physical work or activity along the county shoreline which is likely to have a material physical effect on existing coastal conditions or natural shore processes. This regulatory and supervisory authority shall specifically include, but not be limited to, installation of groins, jetties, moles, breakwaters, sea walls, revetments, and other coastal construction as defined herein. For this purpose, the board of county commissioners, with assistance as required from its professional personnel, may develop standards and criteria, issue permits and conduct inspections.

(2) All regulations and requirements prescribed by the board of county commissioners pursuant to part II of this chapter may be enforced by mandatory injunction or other appropriate action in any court of competent jurisdiction. Such regulations and requirements shall in no way affect the regulatory authority of the department of natural resources.

Hlotory.-11, ch. 65-408; U25, 35, ch. 69-106. Note.-8lmllar prOVisions In former 1161.12.

agreements and otherwise cooperate with, and 161.36 General powers of authority.-In ormeet the requirements and conditions of, fed- der to most effectively carry out the purposes -eral, state and other local governments and of part II of this chapter, the board of county political entities, or any agencies or representa- commissioners, as the county beach and shore tive thereof, for the purpose of improving, preservation authority and as the governing furthering and expediting the beach and shore body of each beach and shore preservation dispreservation program. trict established thereby, shall be possessed of

(2) The board of county commissioners and broad powers to do all manner of things necesthe department of natural resources, for and sary or desirable in pursuance of this end; proon behalf of each or any district created in ac- vided, however, nothing herein shall diminish or cordance with parts I and II of this chapter, impair the regulatory authority of the departare authorized to receive and accept from any ment of natural resources or division of marine federal agency, grants for or in aid of any resources under §370.02(9), or part I of this beach and shore preservation program contem- chapter, or the board of trustees of the internal plated by part II of this chapter, and to receive improvement trust fund under chapter 253. and accept aid or contributions from any Such powers shall specifically include, but not source, of money, property and other things of be limited to, the following:

627


(1) To make contracts and enter into agreements;

(2) To sue and be sued; (3) To acquire and hold lands and property

by any lawful means; (4) To exercise the power of eminent do

main; (5) To enter upon private pro.perty fo.r pur

poses of making surveys, soundmgs, dnlhngs and examinations, and such entry shall not be deemed a trespass;

(6) To construct, acquire, operate and main-tain works and facilities;

(7) To make rules and regulations; and (8) To do any and all other things specified

or implied in part II of this chapter. HI5tor,..-11, ch. 65-408 ; U25, 27, 35, ch. 69-106. Note.-Slmllar provisions In former 1161.13.

161.37 Capital, operation and maintenance costs· district benefits tax levy.-

(1)' To provide for the capital, operation and maintenance cost of the beach and sh~re preservation program, either by debt serVIce or direct expenditure, the. board of county co~missioners as the governmg body of each dIStrict created in accordance with part II of this chapter may levy upon all taxable property within each district an ad valorem benefits tax in any amount necessary to meet the requirements of the .p.rogram bu~ ~ot exceeding the reasonable abIhty of the dIstnct to pay.

(2) The tax shall be levied upon each taxable property in proportion to benefits said property will receive as determined by the most recent economic analysis of the program as provided for under §161.29. General benefits ~hall be uniformly applied on an ad valorem baSIS to the entire assessed valuation of each district, while special benefits shall be assigned to groups of specific properties which shall constitute zones because of the equal or comparable benefits each included property will receive.

(3) Where the board of county commissioners levies any special benefits taxes, it shall consider the value of the property, its kind, susceptibility to improvement and the maximum annual benefits to be conferred thereon by the works or improvements in the district.

(4) The owner of lands where a special benefits tax is proposed to be levied shall be given written notice and an opportunity to be heard upon the amount of special benefits tax to be levied upon his lands. If the special benefits to all properties within any district are found to be equal or comparable, then the said district shall comprise only one tax zone. The proportional tax rate which each property within a district shall pay shall be determined by adding the general and special benefits assigned to its zone. The actual tax levy for any particular year shall depend on the revenue needs for that year.

(5) The board of county commissioners shall levy sufficient ad valorem and special benefits taxes to payoff debt service on any

bonds issued. It shall be the duty of the board each year, sufficiently in advance of the preparation of the county tax roll, to establish the revenue requirements for each individual district for the fiscal year in question and certify this figure to the county tax assessor who shall then assign shares of this total to each zone within the respective district according to the proportion of total benefits previously assigned. The share of total required revenue assigned each zone shall then be collected by an ad valorem levy on each taxable property within the zone. . (6) All taxes provided for in part II of this chapter shall be levied and collected by the county in the same manner as other county taxes, and while unpaid shall constitute a lien of equal stature and dignity with other county taxes.

HI.tor,..-§l , ch. 65-408 . Note.-Slmllar provisions In former U161.14, 161.15.

161.38 Issuance of bonds.-(1) The board of county commissioners, for

and on behalf of each or any district created in accordance with part II of this chapter, is authorized to provide from time to time for the issuance of bonds to obtain funds to meet the costs of the beach and shore preservation program; provided, however, that such issuance shall have first been approved at a duly conducted referendum election by freeholders within the subject district as provided for by law. The bonds of each issue shall be dated, shall bear interest at rates not to exceed six per. cent which mature at such time not to exceed forty years from the date of issuance as determined by the board of county commissioners, and at the option of the. board of county commissioners may be made redeemable before maturity under such terms and conditions and at such priCes as fixed by the board of county commissioners prior to issuance.

(2) The board of county commissioners shall determine the form of such bonds, including any interest coupons to be. atta,ched thereto, the denomination of the bonds, and the place of payment of principal Itnd interest which may be at any bank or trust company within or without the state.

(a) The resolution authorizing the isslle may further provide that such bonds may be executed manually or by engraved, lithographed or facsimile signature.

(b) The appropriate seal may be affixed or lithographed, engraved or otherwise reproduced in facsimile on such bonds and shall be attested by the manual or facsimile signature of the county clerk; provided, however, that at least one of the signatures of executing officials on the bonds shall be manual. Signatures, manual or facsimile, of executing officials shall continue to be valid for all purposes whatsoever regardless of whether or not signing officials are still in office at the time bonds are actually delivered.

(c) Bonds may be issued in coupon or registered form as the board of county commis-

628


sioners may decide and provision may be made for the registration of any coupon bonds as to principal alone or as to principal and interest; and for the reconversion of coupon bonds or any bond registered as to principal and interest.

(d) The issuance of bonds provided for in part II of this chapter shall not be subject to any limitations or conditions contained in any other law, and the board of county commissioners may sell such bonds in such manner, either at public or private sale and for such prices as it may determine to be in the best interests of the district concerned, but no such sale shall be made at a price so low as to require the payment of interest on money received therefor at a rate in excess of six per cent per annum, computed with relation to the absolute maturity of the bonds in accordance with standard tables of bond values, excluding from such computation, however, the amount of any premium to be paid for the redemption of any bonds prior to maturity.

(e) Prior to the preparation or issuance of definitive bonds, the board of county commissioners may under like restrictions issue interim receipts or temporary notes or other forms of such temporary obligations with or without coupons, exchangeable for definitive bonds when such bonds have been executed and are available for delivery. Such bonds may be issued under the provisions of part II of this chapter without obtaining the consent of any commission, board, bureau or agency of the state, and without any other proceeding or happening than specifically required by this chapter.

(3) All bonds issued under part II of this chapter shall constitute, and have all the qualities and incidents of, negotiable instruments under the law merchant and the negotiable instruments law of Florida, and shall not be invalid for any irregularity or defect in the proceedings for the issuance and sale thereof and shall be incontestable in the hands of bona fide purchasers for value.

(4) - The provisions of part II of this chapter shall constitute an irrevocable contract between the board of county commissioners and the holders of such bonds or coupons thereof issued pursuant to the provisions hereof.

(5) Any holder of such bonds issued under the provisions of part II of this chapter, and the trustee under any trustee agreement, except to the extent the rights herein given may be restricted by such trust agreement may either at law or in equity, by suit, action or mandamus, force and compel the performance of the duties required by part II of this chapter or of any of the officers or persons herein mentioned in relation to said bonds or the levy, assessment, collection and enfo~cement and application of the taxes pledged for the principal and interest thereof as provided for in §161.37.

(6) Bonds issued under the provisions of part II of this chapter shall not -be sub-

ject to the consent or approval of any state board, commission or agency, but such bonds shall be validated in accordance with the provisions of chapter 75.

8Istor7.-fl, ch. 65-40S. Note.-.slmllar provisions In former fl61.16.

161.39 Cooperation between two or more counties.-

(1) When two or more counties have created one or more beach preservation districts as provided for under part II of this chapter or any other law with same or like intent, or desire to carry out programs of beach and shore preservation, and find it to be mutually beneficial, the boards of county commissioners of such counties may cooperate to any extent necessary or desirable to carry out the intent of part II of this chapter or any other law with same or like intent, in the implementation of any beach or shore preservation plan or project as defined herein. This cooperation may include but shall not be limited to cooperative participation in the nonfederal costs of federally authorized projects affecting one or more of the cooperating counties, plans or projects resulting from investigation, or studies made by any or all such counties, or other such plans or projects, which by their nature would prove to be beneficial to each such cooperating county as determined by the boards of county commissioners of each such county.

(2) The costs of any such plan or project shall be borne by each of the cooperating counties in accordance with the benefits expected to accrue to each county as determined in accordance with §161.29, or as determined and agreed upon by the boards of county commissioners of each such cooperating county.

(3) Any county may expend funds in any other county for the purposes provided herein if. in. the opinion of the board of county commISSIOners of one county such expenditure of its funds in other counties would be beneficial to the beaches and shores of that county.

810tor7 .-1 I, ch. 65-40S.

161.40 Tax exemptions.-All properties, revenues and other assets of the board of county commissioners acting as the beach and shore preservation authority, or of any of the districts created thereby, shall, by recognition of its essential public function, be exempt from all taxation by the state or any political subdivision, agency or instrumentality thereof.

81stor7 .-1 I, ch. 65-40S. Note.-.slmllar provisions In former 1161.17.

161.41 Construction of §§161.25-161.40.The provisions of §§161.25-161.40 shall be liberally construed by all concerned in a manner to best accomplish the beach and shore preservation purposes and programs.

810tor7.-13, ch. 65-40S. Note.-.slmllar provisions In former fl61.1S.

161.45 Effect of repeal of ch. 158 on districts created prior to repeal.-The county erosion districts created under the provisions of chapter 158, and presently in existence shall not be affected by the repeal of chapter 158.

810tor7.-12, ch. 65-128.

629

Ch. 163 INTERGOVERNMENTAL RELATIONS

CHAPTER 163

INTERGOVERNMENTAL RELATIONS

PART I MISCELLANEOUS PROGRAMS (§§163.01-163.03)

PART II COUNTY AND MUNICIPAL PLANNING FOR FUTURE DEVELOPMENT (§§163.160-163.315)

PART III COMMUNITY REDEVELOPMENT ACT (§§163.330-163.450)

PART IV FIRE PROTECTION; TRAINING STANDARDS FOR FIRE FIGHTERS (§§163.470-163.530)

PART I

MISCELLANEOUS PROGRAMS

Ch. 163

163.01 Florida interlocal cooperation act of 163.03 1969.

Department of community affairs; local government.

163.02 Councils of local public officials.

163.01 Florida interlocal cooperation act of rescinded or terminated by any participating 1969.- public agency prior to the stated date of ter-

(1) This section shall be known and may mination. be cited as the "Florida interlocal cooperation (c) The precise organization, composition, act of 1969." and nature of any separate legal or administra-'

(2) It is the purpose of this section to per- tive entity created thereby with the powers mit local governmental units to make the most designated thereto, if such entity may be leefficient use of their powers by enabling them gaIly created. to cooperate with other localities on a basis of (d) The manner in which the parties to an mutual advantage and thereby to provide serv- interlocal agreement will provide from their ices and facilities in a manner and pursuant to treasuries the financial support for the purpose forms of governmental organization that will set forth in the interlocal agreement, payments accord best with geographic, economic, popula- of public funds that may be made to defray tion, and other factors influencing the needs the cost of such purpose, advances of public and development of local communities. funds that may be made for the purposes set

(3) As used in this section: forth in the interlocal agreements and repay-(a) "Interlocal agreement" means an agreement thereof, and the personnel, equipment or

ment entered into pursuant to this section. property of one or more of the parties to the (b) "Public agency" means a political sub- agreement that may be used in lieu of other

division, agency, or officer of this state or of contributions or advances. any state of the United States, including, but (e) The manner in which funds may be paid not limited to, state government, county, city, to and disbursed by any separate legal or adschool district, single and multipurpose special ministrative entity created pursuant to the district, single and multipurpose public author- interlocal agreement. ity, metropolitan or consolidated government, (f) A method or formula for equitably proan independently elected county officer, any viding for and allocating and financing the agency of the United States government, and capital and operating costs, including payments any similar entity of any other state of the to reserve funds authorized by law and payUnited States. ments of principal and interest on obligations.

(c) "State" means a state of the United The method or formula shall be established by States. the participating parties to the interlocal agree-

(4) A public agency of this state may exer- ment on a ratio of full valuation of real propcise jointly with any other public agency of erty, on the basis of the amount of services the state, of any other state, or of the United rendered or to be rendered or benefits received States government any power, privilege, or or conferred or to be received or conferred, authority which such agencies share in common or on any other equitable basis, including the and which each might exercise separately. levying of taxes or assessments to pay such

(5) A joint exercise of power pursuant to costs on the entire area serviced by the parties this section shall be made by contract in the to the interlocal agreement, subject to such form of an interlocal agreement, which may limitations as may be contained in the consti-provide for: tution and statutes of this state.

(a) The purpose of such interlocal agree- (g) The manner of employing, engaging, ment or the power to be exercised and the compensating, transferring, or discharging necmethod by which the purpose will be accom- essary personnel, subject to the provisions of plished or the manner in which the power will applicable civil service and merit systems. be exercised. (h) The fixing and collecting of charges,

(b) The duration of the interlocal agree- rates, rents or fees, where appropriate, and the ment and the method by which it may be making and promulgation of necessary rules

630

Ch. 163 INTERGOVERNMENTAL RELATIONS Ch. 163

and regulations and their enforcement by or with the assistance of the participating parties to the interlocal agreement.

(i) The manner in which purchases shall be made and contracts entered into.

(j) The acquisition, ownership, custody, operation, maintenance, lease, or sale of real or personal property.

(k) The disposition, diversion or distribution of any property acquired through the execution of such interlocal agreement.

(1) The manner in which, after the completion of the purpose of the interlocal agreement, any surplus money shall be returned in proportion to the contributions made by the participating parties.

(m) The acceptance of gifts, grants, assistance funds, or bequests.

(n) The making of claims for federal or state aid payable to the individual or several participants on account of the execution of the interlocal agreement.

(0) The manner of responding for any liabilities that might be incurred through performance of the interlocal agreement and insuring against any such liability.

(p) The adjudication of disputes or disagreements, the effects of failure of participating parties to pay their shares of the costs and expenses, and the rights of the other participants in such cases.

(q) The manner in which strict accountability of all funds shall be provided for and the manner in which reports, including an annual independent audit, of all receipts and disbursements shall be prepared and presented to each participating party to the interlocal agreement.

(r) Any other necessary and proper matters agreed upon by the participating public agencies.

(6) An interlocal agreement may provide for one or more parties to the agreement to administer or execute the agreement. One or more parties to the agreement may agree to provide all or a part of the services set forth in the agreement in the manner provided in the agreement. The parties may provide for the mutual exchange of services without payment of any contribution other than such services.

(7) (a) An interlocal agreement may provide for a separate legal or administrative entity to administer or execute the agreement which may be a commission, board, or council constituted pursuant to the agreement.

(b) A separate legal or administrative entity created by an interlocal agreement shall possess the common power specified in the agreement and may exercise it in the manner or according to the method provided in the agreement. The entity may, in addition to its other powers, be authorized in its own name to make and enter into contracts, to employ agencies or employees, to acquire, construct, manage, maintain or operate buildings, works, or improvements, to acquire, hold or dispose of property, and to incur debts, liabilities or obligations which do not constitute the debts,

liabilities or obligations of any of the parties to the agreement.

(c) No separate legal or administrative en'" tity created by an interlocal agreement shall possess the power or authority to levy any type of tax within the boundaries of any governmental unit participating in the interlocal agreement, to issue any type of bond in its own name, or in any way to obligate financially a governmental unit participating in the interlocal agreement.

(8) If the purpose set forth in an interlocal agreement is the acquisition, construction, or operation of a revenue-producing facility, the agreement may provide for the repayment or return to the parties of all or any part of the contributions, payments, or advances made by the parties pursuant to subsection (5) and for payment to the parties of any sum derived from the revenues of such facility. Payments, repayments, or returns shall be made at any time and in the manner specified in the agreement, and may be made at any time on or prior to the rescission or termination of the agreement or completion of the purposes of the agreement.

(9) (a) All of the privileges and immunities from liability, exemptions from laws, ordinances and rules, and all pensions and relief, disability, workmen's compensation and other benefits which apply to the activity of officers, agency, or employees of any public agents or employees of any public agency when performing their respective functions within the territorial limits for their respective agencies shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, or employees extraterritorially under the provisions of any such interlocal agreement.

(b) An interlocal agreement does not relieve a public agency of any obligation or responsibility imposed upon it by law except to the extent of actual and timely performance thereof by one or more of the parties to the agreement or any legal or administrative entity created by the agreement, in which case the performance may be offered in satisfaction of the obligation or responsibility.

(10) (a) A public agency entering into an interlocal agreement may appropriate funds and sell, give or otherwise supply any party designated to operate the joint or cooperative undertaking such personnel, services, facilities, property, franchises, or funds thereof as may be within its legal power to furnish.

(b) A public agency entering into an interlocal agreement may receive grants-in-aid Or other assistance funds from the United States government or this state for use in carrying out the purposes of the interlocal agreement.

(11) Every agreement made hereunder shall, prior to and as a condition precedent to its entry into force, be submitted to the department of legal affairs which shall determine whether the agreement is in proper form and compatible with the laws of this state. The department of legal affairs shall approve any

631


agreement submitted to it unless it shall find that it does not meet the conditions set forth herein and shall detail in writing addressed to the governing bodies of the public agencies concerned the specific respects in which the proposed agreement fails to meet the requirements of law.

(12) Prior to its effectiveness, an interlocal agreement and subsequent amendments thereto shall be filed with the clerk of the circuit court of each county where a party to the agreement is located and with the department of community affairs. Such department shall keep an accurate record of all such agreements and shall notify any other department of state government when it is determined that an agreement hereunder relates to services or functions over which a department of state government has jurisdiction or control.

(13) Any public agency entering into an agreement pursuant to this section may appropriate funds and may sell, lease, give, or otherwise supply the administrative joint board or other legal or administrative entity created to operate the joint or cooperative undertaking by providing such personnel or services therefor as may be within its legal power to furnish.

(14) The powers and authority granted by this section shall be in addition and supplemental to those granted by any other general, local or special law. Nothing contained herein shall be deemed to interfere with the application of any other law.

(15) This section is intended to authorize the entry into contracts for the performance of service functions of public agencies, but shall not be deemed to authorize the delegation of the constitutional or statutory duties of state, county, 'or city officers.

Hlstory.-§§l, 2, ' ch. 69-42; Ull, 18, 35, ch. 69-106.

163.02 Councils of local public officials.(1) The 'governing bodies of any two or

more counties, municipalities, special districts, or other governmental subdivisions of this state, or any of them, herein referred to as member local governments, may, by resolution, enter into an agreement with each other for the establishment of a council of local public officials. Any council established under the authority of this section shall be a corporation not for profit.

(2) Representation on the council shall be in the manner provided in the agreement es-' tablishing the council. The representative from each member local government shall be the elected chief executive of said local government or, if such government does not have an elected chief executive, a member of its governing body chosen by such body to be its representative. Any member may withdraw from the council upon sixty days notice subsequent to formal action by its governing body.

(3) The local governmeRt council shall have the power to:

(a) Study such area governmental problems a,s it deems appropriate, including but not

limited to matters affecting health, safety, welfare, education, economic conditions, and area development;

(b) Promote cooperative arrangements and coordinate action among its members; and

(c) Make recommendations for review and action to the members and other public agencies that perform local functions and services within the area.

(4) The council shall adopt bylaws designating the officers of the council and providing for the conduct of its business. The council may employ a staff, consult and retain experts, and purchase or lease or otherwise provide for such supplies, materials, equipment and facilities as it deems desirable and necessary.

(5) (a) The governing bodies of the member governments may appropriate funds to meet the necessary expenses of the council. Services of personnel, use of equipment and office space, and other necessary services may be accepted from members as part of their financial support.

(b) The council may accept funds, grants, gifts, and services from the state, from any other governmental unit, whether participating in the council or not, from the government of the United States, and from private and civic sources.

(c) The council shall make an annual public report of its activities to each of the member local governments, and shall have its accounts audited annually.

Hlstory.-§§l-5, ch. 69-69 .

163.03 Department of community affairs; local government.-

(1) The secretary of the department of community affairs shall:

(a) Supervise and administer the activities of the department and shall advise the governor, the cabinet, and the legislature with respect to matters affecting community affairs and local government and participate in the formulation of policies which best utilize the resources of state government for the benefit of local go~ernment;

(b) Render services to local governments by assisting, upon request, in applying for and securing federal and state funds, and by assisting the department of administration in coordinating the activities of the state with federal programs for assistance in and solution of urban problems;

(c) Under the direction of the governor, administer programs to apply rapidly all available aid to disaster-stricken communities and, for this purpose, provide liaison with federal agencies and other public and private agencies;

(d) When requested, administer programs which will assist the efforts of local governments in developing mutual and cooperative solutions to their common problems;

(e) Conduct programs to encourage and promote the involvement of private enterprise in the solution of urban problems;

(f) Consult with governmental, academic, and private organizations which conduct re-

632


search on metropolitan and other local problems; and report to the governor and the legislature concerning the findings and recommendations of these organizations;

(g) Conduct continuing programs of analysis and evaluation of local governments, and recommend to the governor programs and changes in the powers and organization of local government as may seem necessary to strengthen local governments;

(h) Provide an informational service for local governments, or interested persons, by referring inquiries to the appropriate departments and agencies of the state and federal governments for advice, assistance, and available services in connection with particular problems;

(i) Assist the governor and the cabinet in coordinating and making more effective the activities and services of those departments and agencies of the state which may be of service to units of local government;

(j) Provide consultative services and technical assistance to local officials in the fields of housing, redevelopment and renewal, local pub .. lic improvement programs, planning and zoning, and other local programs; and collect and disseminate information pertaining thereto, including information concerning federal, state and private assistance programs and services;

(k) Conduct research and studies, and prepare model ordinances, charters, and codes relating to the areas referred to herein;

(1) Cooperate with other state agencies in the preparation of statewide plans relating to housing, redevelopment and renewal, human resources development, local planning and zoning, transportation and traffic, and other mat-

ters relating to the purposes of this section; and

(m) Conduct a program of preservice and inservice training for local officials in technical and specialized areas of local administration, in cooperation with appropriate state agencies whose professional personnel possess specialized or technical knowledge which would be useful in conducting such training programs. Included in such programs shall be short courses in fiscal and debt management, and other areas in which the secretary determines that there is sufficient interest among local officials to warrant training programs.

(n) Perform such other functions, duties, or responsibilities as may be hereafter assigned to him by law; and

(0) Accept funds from all sources to be utilized in programs designed to combat juvenile crime, including the making of contributions to the national youth emergency corps.

(2) It is the intent of this section, with respect to federal grant-in-aid programs that! the department shall serve as the agency for disseminating information to local governments regarding the availability of federal grant-inaid assistance to local governments in their efforts to secure federal grant-in-aid assistance, but only upon the request of such local governments; and assisting local governments in maintaining liaison and communications with federal agencies concerning federal grant-inaid programs; provided, however that nothing contained herein shall be construed to require consent, approval, or authorization from the department as a condition to any application for or acceptance of grants-in-aid from the United States government.

BIBtor:r.-f18. ch. 69-106.

PART II

COUNTY AND MUNICIPAL PLANNING FOR FUTURE DEVELOPMENT

163.160 Scope of part II. 163.165 Legislative intent. 163.170 Definitions. 163.175 Areas and jurisdictions which may

qualify under the provisions of this part.

163.180 Commissions. 163.185 Functions, powers, and duties of com-

missions. 163.190 The comprehensive plan. 163.195 Legal effect of comprehensive plan. 163.200 Review and amendment of comprehen-

sive plan. 163.205 Zoning; ordinances; contents. 163.210 Zoning; procedure for establishing dis

trict boundaries; adoption of regulations.

163.215 Zoning; supplementing or amending the zoning ordinance.

163.220 Board of adjustment; creation and composition; terms; officers; etc.

163.225 Board of adjustment; powers and duties.

163.230 Board of adjustment; review of administrative orders.

163.235 Appeals to board of adjustment from decision of administrative official.

163.240 Stay of work and proceedings on appeal.

163.245 Board of adjustment; hearing of appeals.

163.250 Judicial review of decisions of board of adjustment.

163.255 Enforcement of zoning ordinances. 163.260 Regulation of subdivisions; purposes. 163.265 Subdivision regulations; approval of

subdivision plans by commission. 163.270 Subdivision regulations; adoption and

amendment. 163.275 Subdivision regulations; penalties for

transferring lots in unrecorded subdivisions.

163.280 Subdivision regulations; reversion of subdivided land to acreage.

163.285 Subdivision regulations; erection of buildings adjacent to unapproved streets.

633


163.290 Subdivision regulations; delegation of authority to other governmental agencies.

163.295 Building, plumbing, electrical, gas, fire, safety, and sanitary codes.

163.300 Fees and charges; employment of personnel.

163.160 Scope of part 11.-(1) The several counties and incorporated

municipalities of this state may plan for future development, adopt and amend comprehensive plans to guide future development, adopt and enforce zoning regulations, adopt and enforce subdivision regulations, adopt and enforce building, plumbing, electrical, gas, fire, safety, and sanitary codes, and establish and maintain the boards and commissions herein described for carrying out the provisions and purposes of this part. The powers authorized by this part may be employed by counties and incorporated municipalities individually or jointly by mutual agreement in accordance with the provisions of this part in such combinations as their common interests may dictate.

(2) The provisions of this part shall not be deemed to repeal or modify any local or special act relating to zoning, planning, or subdivision regulations, but the provisions herein shall be supplemental and in addition to powers that may be exercised by any governing body that has a local or special act.

Blotor),.-I1. ch. 68-138.

163.165 Legislative intent.-(1) In order to preserve and enhance their

present advantages, overcome their present handicaps, and prevent or minimize future problems, it is the intent of this part to enable the several counties and incorporated municipalities to plan for future development and to prepare, adopt -and amend comprehensive plans to guide future development. To implement the comprehensive plans, the several counties and incorporated municipalities may adopt and enforce zoning regulations, adopt and enforce subdivision regulations, and adopt and enforce building, plumbing, electrical, gas, fire, safety, and sanitary codes.

(2) The provisions of this part in its interpretation and application are declared to be the minimum requirements necessary to promote, protect, and improve the public health, safety, comfort, good order, appearance, convenience, morals, and general welfare; to conserve the value of land, buildings, and resources; and to protect the character and maintain the stability of residential, agricultural, business, and industrial areas and to promote the orderly development of such areas.

(3) Any governing body of any county or any incorporated municipality may, but shall not be required to, exercise any of the powers set out in this part. Whenever a governing body shall elect to exercise any of the powers granted by this part, such powers shall be exercised in the manner hereinafter prescribed.

Biator)'.-f2. ch. 68-138.

163.305 Enforcement of ordinances and regulations.

163.310 Construction. 163.315 Effect of part II on existing planning

and plan implementation authorization.

163.170 Definitions.-As used in this part: (1) "Area" means the complete area quali

fying under the provisions of this part, whether this be all of the lands lying within the limits of an incorporated municipality, lands in and adjacent to incorporated municipalities, all unincorporated lands within a county, or areas comprising combinations of the lands in incorporated municipalities and unincorporated areas of counties.

(2) "Commission" means the planning commission appointed by the governing body or bodies adopting the provisions of this part as provided hereinafter.

(3) "Due public notice," as used in connection with the phrase "public hearing" or "hearings with due public notice," shall mean publication of notice of the time, place, and purpose of such hearing at least twice in a newspaper of general circulation in the area, with the first such publication to be at least fifteen days prior to the date of the hearing and the second such publication to be at least five days prior to the hearing. In addition, except where the hearing applies to all of the lands within the area, similar notices setting forth the time, place, and purpose of such hearing shall be mailed to the last known address of the owners of the property involved in or directly affected by the hearing, and such notices shall also be posted in a conspicuous place or places on or around such lots, parcels, or.' tracts of lands as may be involved in or directly affected by the hearing. Affidavit proof of the required publication, mailing, and posting of the notice shall be presented at the hearing.

(4) "Governing body" means the board of county commissioners of a county, the commis-' sion or council of an incorporated municipality or any other chief governing body of a unit of local government, however designated, or the combination of such bodies where joint adoption of the provisions of this part is accomplished as herein provided.

(5) "Ordinance" means an official, legislative, policy-making action of a governing body. When used in relation to action by a board of county commissioners, the term means a resolution of the board of county commissioners. When used in relation to action by other governing bodies, the term means such appropriate official, legislative, policy-making action as is customarily taken by the governing body in .. volved. regardless of the nomenclature given to such official action.

(6) "Special exception" as used in connection with the provisions of this part dealing with zoning, means a use that would not be

634

INTERGOVERNMENTAL RELA nONS Ch. 163

appropriate generally or without restriction throughout the particular zoning district or classification, but which, if controlled as to number, area, location, or relation to the neighborhood, would not adversely affect the public health, safety, comfort, good order, appearance, convenience, morals, and the general welfare. Such uses may be permitted in ,such zoning district or classification as special exceptions only if specific provisions and standards for such special exceptions are made in the zoning ordinance.

(7) "Subdivision" means the division of a parcel of land, whether improved or unimproved, into three or more contiguous lots or parcels of land, designated by reference to the number or symbol of the lot or parcel contained in the plat of such subdivision, for the purpose, whether immediate or future, of transfer of ownership or, if the establishment of a new street is involved, any division of such parcel. However, the division of land into parcels of more than five acres not involving any change in street lines or public easements of whatsoever kind is not to be deemed a subdivision within the meaning of this part. The term includes a resubdivision and, when appropriate to the context, relates to the process of subdividing or to the land subdivided.

(8) "Variance" as used in connection with the provisions of this part dealing with zoning, means a modification of the zoning ordinance regulations when such variance will not be contrary to the public interest and when, owing to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of the ordinance would result in unnecessary and undue hardship. A variance is authorized only for height, area and size of structure or size of yards and open spaces. Establishment or expansion of a use otherwise prohibited shall not be allowed by variance nor shall a variance be granted because of the presence of non conformities in the zoning district or classification or in adjoining zoning districts or classifications.

Hldory.-§3, ch. 69-139 .

163.175 Areas and jurisdictions which may qualify under the provisions of this part.-

(1) MUNICIPALITIES AND ADJACENT AREAS,-Any incorporated municipality may exercise any or all of the powers granted under the provisions of this part in the total area within its corporate limits upon passage of an appropriate ordinance to that effect by the governing body. Unincorporated areas adjacent to incorporated municipalities may be added to and included in the area under municipal jurisdiction for the purposes of this part, when the governing bodies of the municipality and the county in which the area is located shall agree as to the boundaries of such additional areas, procedures for joint action, procedures for administration of ordinances and regulations applying to the area, and the manner of obtaining equitable representation on the commissions and boards provided for under

this part. Such agreements shall be formally stated in appropriate official action by the governing bodIes involved.

(2) COUNTIES,-Any county may exercise any of the powers granted under the provisions of this part in the total unincorporated area within its boundaries or in such unincorporated areas as are not included in any joint jurisdiction with municipalities established under the provisions of subsection (1). In order to exercise any of the powers granted under the provisions of this part, the board of county commissioners of the county shall pass an ordinance after due public notice to that effect.

(3) COMBINATIONS OF MUNICIPALITIES AND COUNTIES.-Combinations of incorporated municipalities, of counties, of an incorporated municipality or municipalities and a county or counties, or an incorporated municipality or municipalities and portions of a county or counties may jointly exercise the powers granted under the provisions of this part upon formal adoption of an official agreement by the governing bodies involved as described in subsection (1).

(4) PUBLIC HEARING.-Before any municipality or county, jointly or individually, may adopt the provisions of this part, there shall be at least one public hearing with due public notice held in the area involved at which time all affected persons shall be given an opportunity to appear and be heard.

Hlolory.-§4, ch . 69-139.

163.180 Commissions.-(1) ESTABLISHMENT AND COMPOSI

TION.-The governing bodies of counties and incorporated municipalities are hereby empowered, individually or in combination as provided in §163.175, to establish commissions and appoint members thereto, the proportionate membership thereof to be as agreed upon and appointed by the governmental bodies concerned. Elected officeholders of any of the jurisdictions involved may serve only in an ex officio capacity.

(2) TERMS OF OFFICE; REMOVAL FROM OFFICE; VACANCIES,-Members of the commission shall be appointed for staggered terms of such length as may be determined jointly by the governing bodies involved and shall serve until their successors are appointed. Original appointments may be made for a lesser number of years so that the terms of the said members shall be staggered. The governing body creating the commission is authorized to remove any member of the commission for cause after written notice and public hearing. Any vacancy occurring during the unexpired term of office of any member shall be filled by the governing body concerned for the remainder of the term. Such vacancy shall be filled within thirty days after the vacancy occurs,

(3) OFFICERS, RULES OF PROCEDURE, EMPLOYEES AND SALARIES.-

(a) The commission shall elect a chairman and a vice~chairman from among its members.

635


The commission shall appoint a secretary who may be the executive director of the commission or an employee of the governing body.

(b) The commission shall meet at regular intervals to be determined by it and at such other times as the chairman or commission may determine. It shall adopt rules for the transaction of its business and keep a properly indexed record of its resolutions, transactions, findings and determinations, which record shall be a public record. All meetings of the commission shall be public.

(c) The commission may, subject to the approval of the governing body concerned and within the financial limitations set by appropriations made or other funds available, employ such experts, technicians, and staff as may be deemed proper and pay their salaries, contractual charges and fees, and such other expenses as are necessary to conduct the work of the commission.

(d) Nothing in this part shall prevent the governing body of a county or incorporated municipality that participates in creating a commission serving two or more jurisdictions from continuing or creating its own commission. It may assign to the commission serving two or more jurisdictions any or all of the functions, powers and duties of its own commission, whereupon the functions, powers and duties so assigned shall no longer be exercised by its own commission but shall thereafter be exercised by the commission serving two or more jurisdictions.

(4) APPROPRIATIONS, FE,ES AND OTHER INCOME.-The governing body for the area under the jurisdiction of the commission is hereby authorized and empowered to make appropriations for salaries, fees, and expenses necessary in the conduct of the work of the commission and also to establish a schedule of fees to be charged by the commission. To accomplish the purposes and activities authorized by this part, the commission, with the approval of the governing body or bodies, has the authority to expend all sums so appropriated and other sums made available for its use from fees, gifts, state or federal grants, state or federal loans, and other sources when acceptance of such loans is approved by the governing bodies involved.

mstory.-§5, ch. 69-139.

other information as is important or likely to be important in determining the amount, direction, and kind of development to be expected in the area and its various parts.

(2) Prepare, adopt, and from time to time amend and revise a comprehensive and coordinated general plan for meeting present requirements and such future requirements as may be foreseen.

(3) Establish principles and policies for guiding action in the development of the area.

(4) Conduct such public hearings as may be required to gather information necessary for the drafting, establishment and maintenance of the comprehensive plan and such additional public hearings as are specified under the provisions of this part.

(5) Make or cause to be made any necessary special studies on the location, condition, and adequacy of specific facilities in the area. These may include, but are not limited to, studies on housing, commercial and industrial conditions and facilities, public and private utilities, and traffic, transportation, and parking.

(6) Perform any other duties which lawfully may be assigned to it.

Hlstory.-§6, ch . 69-139.

163.190 The comprehensive plan.-(1) COMPREHENSIVE PLAN.-When ba

sic information for the area has been brought together, the commission shall prepare a comprehensive and coordinated general plan for the development of the area, based on existing and anticipated needs, showing existing and proposed improvements in the area and stating the principles according to which future development should proceed and the manner in which such development should be controlled. The plan shall be made with the general purpose of guiding and accomplishing a coordinated, adjusted, and harmonious development of the area which will, in accordance with existing and future needs, best promote public health, safety, comfort, order, appearance, convenience, morals, and the general welfare and which will contribute to efficiency and economy in the process of development. The comprehensive plan shall include plans for land use and may include plans for transportation, community facilities, a long-range financial program for public improvements, and such other matters as may be deemed necessary by the com-

163.185 Functions, powers, and duties of mission and the governing body for the purpose commissions.-The functions, powers, and du- of meeting the objectives of this part. ties of the commission shall be, in general and (2) ADOPTION OF COMPREHENSIVE in addition to any functions, powers and duties PLAN BY THE PLANNING COMMISSION.set forth in the body of this part, to: The comprehensive plan shall be adopted by the

(1) Acquire and maintain such information commission either in its entirety or as suband materials as are necessary to an under- stantial portions corresponding generally with standing of past trends, present conditions, functional or geographic classifications are and forces at work to cause changes in these completed. Before adoption of the comprehenconditions. Such information and material may sive plan or any portion or portions thereof, include maps and photographs of man-made and a public hearing shall be held with due public natural physical features of the area concerned, notice by the commission. The adoption of the statistics on past trends and present condi- comprehensive plan or any portion or portions tions with respect to population, property thereof, or Qf any amendment or additions values, economic base, land use, and such thereto, shall be by resolution carried by the

636

INTERGOVERNMENTAL RELATIONS Ch. 163

affirmative vote of a majority of the total membership of the commission. The resolution shall refer expressly to the maps, descriptive material and other matters intended by the planning commission to form the whole or part of the comprehensive plan. The action taken shall be recorded on the adopted plan or parts thereof by the identifying signatures of the secretary and the chairman of the commission, together with the date of such action, and a copy of the comprehensive plan or parts thereof shall be certified to the governing body. The officially adopted copy of the comprehensive plan or any portion thereof and any duly adopted amendments thereto shall be a part of the permanent records of the commission.

(3) ADOPTION OF COMPREHENSIVE PLAN BY GOVERNING BODY OR BODIES.The governing body may formally adopt the comprehensive plan by appropriate official action either in its entirety or as substantial portions corresponding generally with the functional or geographic classifications are completed and adopted by the commission. Any comprehensive plan shall only become effective upon its adoption by a majority of the membership of the governing body.

Bldor".-17, ch. 68-138.

163.195 Legal effect of comprehensive plan. -Whenever a comprehensive plan for the area or a portion of such a plan corresponding generally with a functional cl.assification of the subject matter or a geographic classification of the area has been adopted, then and thenceforth no street, park, other public way, ground, place, or space, public building or structure not in conformity with the comprehensive plan shall be constructed, altered or authorized in the area unless the location and extent thereof shall have been submitted to the commission for a report and its statement of approval or disapproval and the reasons therefor. Within thirty days after the request for such report has been received by the commission or within such other time limit as may be agreed upon, the report shall either be made or failure of the commission to act shall be deemed approval. The commission's report may be overruled by a majority vote of the entire membership of the governing body. After a comprehensive plan for the area or a portion of such plan corresponding generally with a geographic classification of the area has been adopted by the governing body, no zoning ordinance, subdivision regulation, or code adopted under the authority of this part shall be amended until such amendment shall have been referred to the commission for re ... view.

BI0&0"'.-18, ch. 69-139.

163.200 Review and amendment of comprehensive plan.-At least once each year, the comprehensive plan or the completed parts thereof shall be reviewed by the planning commission to determine whether changes in the amount, kind or direction of development of the area, or other reasons make it beneficial to make

additions or amendments to the plan. If the governing body desires an amendment or addition to the comprehensive plan, it may, on its own motion, direct the commission to prepare such amendment; and if such amendment is in accordance with the purposes of the comprehensive plan, the commission shall do so within a reasonable time as established by the governing body. The procedure for revising, adding to or amending the comprehensive plan shall be the same as the procedure for its original adoption.

BIo&or".-19, ch. 69-139.

163.205 Zoning; ordinances; contents.-(1) After a comprehensive plan has been

prepared and adopted as provided for in §§163.-190, 163.195, and 163.200, and for the purpose of guiding and accomplishing coordinated, adjusted, and harmonious development in accordance with existing and future needs and in order to protect, promote, and improve public health, safety, comfort, order, appearance, convenience, morals, and general welfare, the governing body of an area described under §163.175, in accordance with the conditions and procedures specified in this part, may enact or amend and enforce a zoning ordinance after a public hearing with due public notice. In such ordinance the governing body shall divide the entire area into districts of such number, shape, and size as may be deemed best suited to carry out the purposes of this part, and within these districts may regulate, determine, and establish:

(a) Height, number of stories, size, bulk, location, erection, construction, repair, reconstruction, alteration, and use of buildings and other structures for trade, industry, residence, and other purposes;

(b) Use of land and water for trade, in~ dustry, pr.ofession, residence, and other purposes;

(c) Size of yards, courts, and Qther open spaces;

(d) Percentage of lot that may be occupied; (e) Density of population; (f) Conditions under which various classes

of nonconformities may continue, including authority to set fair and reasonable schedules for the elimination of nonconforming uses;

(g) Use and types and sizes of structures in those areas subject to seasonal or periodic flooding, so that danger to life and property in such areas will be minimized; and

(h) Performance standards for use of property and location of structures thereon.

(2) All such regulations shall be uniform throughout each district, but the regulations in one district may differ from those in other districts. For each district designated for the location of trades, callings, industries, commercial enterprises, residences, or buildings designed for specific uses, regulations may specify those uses that shall be excluded or subjected to reasonable requirements of a special nature. Uses permitted in one district may be prohibited in other distJ:icts, to the end that incompatibil-

637


ity of uses is minimized or eliminated. Regulations and district boundaries shall protect, promote and improve public health, safety, comfort: order, appearance, convenience, morals, and general welfare and shall be made with reasonable consideration, among other things, to the character of the districts and their special suitability for particular uses and with a view to conserving property values and encouraging the most appropriate use of land throughout the area.

RI.tory.-flO. ch. 60-130.

163.210 Zoning; procedure for establishing district boundaries; adoption of regulations.-

(1) TENTATIVE REPORT BY COMMISSION.-Tentative recommendations as to the boundaries of districts and the regulations to be enforced therein may be prepared by the commission on its own initiative or at the request of the governing body. The commission shall hold public preliminary hearings and conferences at such times and places and

one percent or more of the area involved in the proposed change. In the latter case, the petitioners may be required to assume the cost of public notice and other costs incidental to the holding of public hearings.

(2) The planning commission, regardless of the source of the proposed change, shall hold a public hearing or hearings thereon~ with due public notice, but shall in any case~ if any change is to be considered by the commission, submit in writing its recommendations on the proposed change to the governing body for official action. The governing body shall hold a public hearing thereon, with due public notice, if any change is to be considered and shall then act on the proposed change. If the recommendation of the commission is adverse to the proposed change, such change shall not become effective except by an affirmative vote of a majority of the entire membership of the governing body, after due public notice.

RI.tor:r.-§l2. cb. 68-130.

upon such notice as it may determine to be 163.220 Board of adjustment; creation and necessary to inform itself and the public in composition; terms; officers; etc.-the preparation of the tentative report. The (1) CREATION AND COMPOSITION.-As tentative report, which shall include the pro- part of the zoning ordinance, the governing posed zoning ordinance with maps and other body shall create a board of adjustment. The explanatory materials, shall be made to the board of adjustment shall have not less than governing body by the commission. five nor more than ten members. Members of

(2) ACTION BY GOVERNING BODY.- the board of adjustment shall be appointed Within thirty days or such reasonable times by the governing body. In addition, the govas shall be agreed upon, the governing body erning body may appoint not more than tW() or bodies of the area shall consider the tenta- alternate members, designating them as such. tive report of the planning commission and Such alternate members may act in the temshall return it, with any suggestions and porary absence or disability of any regular recommendations, to the commission so that member, or may act when a regular member the commission may prepare a final report. No is otherwise disqualified in a particular case ordinance under the authority of this part that may be presented to the board. No memshall be passed until after the final report ber or alternate member of the board of adof the commission has been received by the justment shall be a paid or elected official or governing body. employee of the governing body involved.

(3) FINAL REPORT AND ACTION.-The (2) TERMS OF OFFICE, REMOVAL FROM commission shall then make a final report to OFFICE, VACANCIES.-Members of the board the governing body. Such final report shall not of adjustment shall serve for overlapping terms be made by the commission until it has con- of not less than three or more than five years sidered the recommendations and suggestions or thereafter until their successors are apof the governing body and until it has held at pointed. Not more than a minority of the terms least one public hearing, with due public no- of such members shall expire in anyone year. tice. The commission may hold such additional Any member of the board of adjustment may hearings as it may consider desirable. After be removed from office for cause by the apthe final report has been submitted by the pointing governing body upon written charges commission, the governing body shall afford and after public hearing. Any vacancy occurall interested persons an opportunity to be ring during the unexpired term of office of heard with reference to the proposed zoning any member shall be filled by the governing ordinance at a public hearing with due public body concerned for the remainder of the term. notice before adopting said ordinance. Such vacancy shall be filled within thirty days

Wdor:r.-Ul. ch. 60-130. after the vacancy occurs. 163.215 Zoning; supplementing or amend- (3) OFFICERS, RULES OF PROCEDURE~

ing the zoning ordinance.- EMPLOYEES AND SALARIES.-The board of (1) The governing body may amend or adjustment shall elect a chairman and a vice

supplement the regulations and districts fixed chairman from among its members and shall by any zoning ordinance adopted pursuan~ to appoint a secretary who may be an officer or this part after referral and recommendatlOns employee of the governing body or of the planof the commission. Proposed changes may be ning commission. The board may create and suggested by the governing body, by the com- fill such other offices as it may determine ro mission, or by petition of the owners of fifty- be necessary for the conduct of its duties.

638


Terms of all such offices shall be for one year, with eligibility for reelection. The board of adjustment shall adopt rules for transaction ()f its business, and shall keep a record of its resolutions, transactions, findings, and determinations, which record shall be a public record. Meetings of the board shall be held at the call of the chairman and at such times J1S the board may determine.

(4) APPROPRIATIONS, FEES AND OTHER INCOME.-The governing body is author ... ized and empowered to appropriate such funds J1S it may see fit for salaries, fees, and expenses llecessary in the conduct of the work of the board of adjustment. The governing body is authorized to establish a schedule of fees to be charged by the board of adjustment. The board shall have the authority to expend all sums so appropriated and other sums made J1vailable for its use from fees and other sources for the purpose and activities authorized by this part.

B1a&ory.-113. ch. 88-138.

163.225 Board of adjustment; powers and duties.-The board of adjustment shall have the following powers and duties:

(1) To hear and decide appeals when it is alleged that there is error in any order, requirement, decision, or determination made by an administrative official in the enforcement of any zoning ordinance or regulation adopted pursuant to this part.

(2) (a) To hear and decide such special exceptions as the board of adjustment is specifically authorized to pass on under the terms of the zoning ordinance; to decide such questions as are involved in the determination of when special exceptions should be granted; and to grant special exceptions with appropriate conditions and safeguards or to deny special exceptions when not in harmony with the purpose and intent of this part or any ordinance enacted under the authority of this part.

(b) In granting any special exception, the board shall find that such grant will not adversely affect the public interest.

(c) In granting any special exception, the board of adjustment may prescribe appropriJ1te conditions and safeguards in conformity with this part and any ordinance enacted under it. Violation of such conditions and safeguards, when made a part of the terms under which the special exception is granted, shall be deemed a violation of the ordinance.

(d) The board of adjustment may prescribe J1 reasonable time limit within which the action for which the special exception- is required shall be begun or completed or both.

(e) The zoning ordinance shall require that the board of adjustment shall confer with the planning commission in all cases involving requests for special exceptions.

(3) (a) To authorize upon appeal such variJ1nce from the terms of the ordinance as will llOt be contrary to the public interest when,

owing to special conditions, a literal enforcement of the provisions of the ordinance would result in unnecessary and undue hardship. In order to authorize any variance from the terms of the ordinance, the board of adjustment must find:

1. That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same zoning district;

2. That the special conditions and circumstances do not result from the actions of the applicant;

3. That granting the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands, buildings, or structures in the same zoning district;

4. That literal interpretation of the provisions of the ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the ordinance and would work unnecessary and undue hardship on the applicant;

5. That the variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure;

6. That the grant of the variance will be in harmony with the general intent and purpose of the ordinance and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare.

(b) In granting any variance, the board of adjustment may prescribe appropriate conditions and safeguards in conformity with this part and any ordinance enacted under its authority. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of the ordinance.

(c) The board of adjustment may prescribe a reasonable time limit within which the action for which the variance is required shall be begun or completed or both.

(d) Under no circumstances except as permitted above shall the board of adjustment grant a variance to permit a use not generally or by special exception permitted in the zoning district involved or any use expressly or by implication prohibited by the terms of the ordinance in the zoning district. No nonconforming use of neighboring lands, structures, or buildings in the same zoning district and no permitted use of lands, structures, or buildings in other zoning districts shall be considered grounds for the authorization of a variance.

BIa&or),.-I14. ch. 88-138.

163.230 Board of adjustment; review of administrative orders.-In exercising its powers, the board of adjustment may, upon appeal and in conformity with provisions of this part, reverse or affirm, wholly or partly, or may

639


modify the order, requirement, decision, or determination made by an administrative official in the enforcement of any zoning ordinance or regulation adopted pursuant to this part, and may make any necessary order, requirement, decision, or determination, and to that end shall have all the powers of the officer from whom the appeal is taken. The concurring vote of a majority of all the members of the board shall be necessary to reverse any order, requirement, decision, or determination of any such administrative official or to decide in favor of the applicant on any matter upon which the board is required to pass under any such ordinance. mator1.~§15. ch. 69-139.

163.235 Appeals to board of adjustment from decision of administrative official.-Appeals to the board of adjustment may be taken by any person aggrieved or by any officer, board, or bureau of the governing body affected by any decision of an administrative official under any zoning ordinance enacted pursuant to this part. Such appeal shall be taken within thirty days after rendition of the order, requirement, decision, or determination appealed from by filing with the officer from whom the appeal is taken and with the board of adjustment a notice of appeal specifying the grounds thereof. The appeal shall be in the form prescribed by the rules of the board. The administrative official from whom the appeal is taken shall, upon notification of the filing of the appeal, forthwith transmit to the board of adjustment all the documents, plans, papers, or other materials constituting the record upon which the action appealed from was taken.

m.tor1.-§l6. ch. 69-139.

163.240 Stay of work and proceedings on appeal.-An appeal to the board of adjustment stays all work on the premises and all proceedings in furtherance of the action appealed from, unless the official from whom the appeal was taken shall certify to the board of adjustment that, by reason of facts stated in the certificate, a stay would cause imminent peril to life or property. In such case, proceedings or work shall not be stayed except by a restraining order which may be granted by the board of adjustment or by a court of record on application, on notice to the officer from whom the appeal is taken and on due cause shown.

mstor1.-fI7. ch. 69-139.

163.245 Board of adjustment; hearing of appeals.-The board of adjustment shall fix a reasonable time for the hearing of the appeal, give public notice thereof, as well as due notice to the parties in interest, and decide the same within a reasonable time. Upon the hearing, any party may appear in person, by agent, or by attorney. Appellants may be required to assume such reasonable costs in connection with appeals as may be determined by the governing body through action in setting of

fees to be charged for appeals. For procedural purposes, an application for a special exception shall be handled by the board of adjustment as for appeals.

Blstor1.-1l8. ch. 69-139.

163.250 Judicial review of decisions of board of adjustment.-Any person or persons, jointly or severally, aggrieved by any decision of the board of adjustment, or any officer, department, board, commission, or bureau of the governing body, may apply to the circuit court in the judicial circuit where the board of adjustment is located for judicial relief within thirty days after rendition of the decision by the board of adjustment. Review in the circuit court shall be either by a trial de novo, which shall be governed by the Florida Rules of Civil Procedure, or by petition for writ of certiorari, which shall be governed by the Florida Appellate Rules. The election of remedies shall lie with the appellant.

Blstory.-fI9. ch. 69-139.

163.255 Enforcement of zoning ordinances.(1) The governing body shall provide for

the enforcement of a zoning ordinance enacted pursuant to this part. A violation of this part or of such zoning ordinance is declared to be a misdemeanor, punishable as provided by law. Each day such offense continues after written notice shall be deemed a separate offense. The governing body is also empowered to provide civil penalties for such violations.

(2) In case any building or structure is erected, constructed, reconstructed, altered, repaired, or maintained or any building, structure, land, or water is used in violation of this part or any ordinance or other regulation made under authority conferred hereby, the proper local authorities, in addition to other remedies, may institute any appropriate action or proceedings in a civil action in the circuit court to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance, or use, and to restrain, correct, or abate such violation, to prevent the occupancy of said building, structure, land, or water, and to prevent any illegal act, conduct of business, or use in or about such premises.

Blstor1.-f20. ch. 69-139.

163.260 Regulation of subdivisions; purposes.-

(1) The public health, safety, comfort, economy, order, appearance, convenience, morals, and general welfare require the harmonious, orderly, and progressive development of land within Florida and its counties and incorporated municipalities. In furtherance of this general purpose, counties and incorporated municipalities, individually or in combination as authorized by this part, are authorized and empowered to adopt, amend, or revise and enforce measures relating to land subdivision.

640


(2) The regulation of the subdivision of land is intended:

(a) To aid in the coordination of land development in counties and incorporated municipalities in accordance with orderly physical patterns;

(b) To discourage haphazard, premature, uneconomic, or scattered land development;

(c) To insure safe and convenient traffic control;

(d) To encourage development of economically stable and healthful communities;

(e) To ' insure adequate utilities; (f) To prevent periodic and seasonal flood

ing by providing protective flood control and drainage facilities;

(g) To provide public open spaces for recreation;

(h) To insure land subdivision with installation of adequate and necessary physical improvements;

(i) To insure that the citizens and taxpayers of incorporated municipalities and counties will not have to bear the costs resulting from haphazard subdivision of land and the lack of authority to require installation by the developer of adequate and necessary physical improvements;

(j) To insure to the purchaser of land in a subdivision that necessary improvements of lasting quality have been installed; and

(k) To serve as one of the several instruments of comprehensive plan implementation authorized by this part.

Hlstor,..-§21, ch. 68-138.

163.265 Subdivision regulations; approval of subdivision plans by commission.-

(1) In any area in which a commission has been established in accordance with the provisions of this part and in which a comprehensive plan or such portion of a comprehensive plan as relates to the major street plan shall have been adopted, the governing body may designate the commission as its accredited representative for the purpose of approving subdivision plans and of approving plats, as provided in chapter 177. When so designated by ordinance, the commission shall be the agency which shall perform all or any designated portion of the functions prescribed in this part or in chapter 177 with respect to preparation of subdivision regulations, approval of subdivision plans, approval of plats, action on improvements and performance bonds relating thereto, and findings precedent to the reversion of subdivided land to acreage.

(2) When the commission has been accredited by the governing body for the approval of subdivision plans and of plats, it shall approve or disapprove subdivision plans and plats within a reasonable time after submission thereof. If a subdivision plan and plat is disapproved, the grounds for disapproval shall be stated on the records of the commission, and a statement in writing of such grounds of disapproval shall be furnished to the devel-

oper or his agent. If it is desired to hold a hearing upon any subdivision plan and plats submitted to the commission for consideration, parties in interest shall be notified by due public notice.

(3) Approval of subdivision plans and plats by the commission shall not constitute or effect an acceptance of the dedication of any street or any other ground shown upon the plat. The authority to accept dedications of land for whatsoever purpose shall be exercised exclusively by the governing body to which the dedication is deemed to be made. and such authority may not be delegated.

HI",or,..-§22, ch. 68-139.

163.270 Subdivision regulations; adoption and amendment.-

(1) The commission, when accredited by the governing body for the approval of subdivision plans and plats under the provisions of this part and chapter 177, shall prepare and recommend to the governing body for adoption regulations governing the subdivision of land within the area. Before the adoption of subdivision regulations or any amendment thereto, the governing body shall hold a public hearing thereon, with due public notice. Any proposed amendment to the subdivision regu'" lations not initiated by the commission shall be submitted by the governing body to the commission for a report and its statement of approval or disapproval and the reasons therefor. Regardless of the source of the proposal for change, the commission shall hold a public hearing or hearings thereon, with due public notice.

(2) Subdivision regulations prepared by the commission and adopted by the governing body or any amendments to such subdivision regulations may provide regulatory measures to insure the achievement of those purposes and objectives set forth in §163.260. Such regulatory measures may also provide:

(a) That the commission shall not approve any subdivision plan and plat unless it finds after full consideration of all pertinent data that the subdivision can be served adequately and economically with such normal public facilities and services as are suitable in the circumstances of the particular case;

(b) That the standards and requirements set out in the regulations may be modified by the commission in the case of a plan and program for a new town, a complete community or a neighborhood unit, which, in the judgment of the commission, will assure conformity with and achievement of the comprehensive plan and the purposes of this part. In granting any such modifications, the commission may require such reasonable conditions and safeguards as will secure substantially the objectives of the standards or requirements so modified;

(c) That the commission shall not approve any subdivision plan and plat unless the land included within the subdivision is suitable

641


for the various purposes proposed in the request for subdivision approval;

(d) For the tentative or preliminary approval of the subdivision plan and plat prior to the installation of required improvements, but such tentative or preliminary approval shall not be entered on the subdivision plan and plat;

(e) That the developer may install required improvements in accordance with subdivision regulations prior to final subdivision approval. As an alternative, such regulations may provide that a surety bond, executed by a company authorized to do business in the state that is satisfactory to the governing body, payable to such governing body in sufficient amount to assure the completion of all required improvements and providing for and securing to the public the actual construction and installation of such improvements within a period required by the commission and expressed in the bond. As a further alternative to the provisions of ~ s~rety bond, such regulations may provide, m heu of such surety bond, for a deposit of cash in an escrow account or such other collateral as the governing body may deem reasonable and proper whereby the governing body is put in a position to provide reasonable assurances for completion of the required improvements. In any event, the commission is hereby granted the power to enforce such bonds, security deposits or other collateral agreements by appropriate legal proceedings.

818&or7.-123, ch. 69-139.

163.275 Subdivision regulations; penalties for transferring lots in unrecorded subdivisions.-When a governing body has adopted subdivision regulations in accord with this part, it shall be unlawful for anyone who is the owner or agent of the owner of any land to transfer, sell, agree to sell, or negotiate to sell such land by reference to, exhibition of or other use of a plat of a subdivision of such land without having submitted a plan and plat of such subdivision for approval as required by this part and without having recorded the approved subdivision plat as required. If such unlawful use be made of a plat before it is properly approved and recorded, the owner or agent of the owner of such land shall be deemed guilty of a misdemeanor and shall be punishable as provided by law. The governing bo~~ through its legal representative may en]om such transfer, sale, or agreement. Failure to comply with the provisions of this section shall not impair the title of land so transferred or affect the validity of the title conveyed. However, a purchaser of land sold in violation of this section shall, within one year from the date of purchase thereof, be entitled to bring an appropriate action to avoid such sale or to bring action against the seller for any damages which he suffers as a result of the seller's unlawful act, or both.

163.280 Subdivision regulations; reversion of subdivided land to acreage.-

(1) The owner of any land subdivided into lots may file for record a plat for the purpose of showing such land as acreage. Such plat and the procedure in connection therewith shall conform to the requirements of this part regulations adopted pursuant thereto, and chap: ter 177, except that:

(a) No surveyor certificate of any surveyor or engineer shall be required. However the governing body may require a survey of the exterior boundaries of the land and the placing of suitable monuments along such boundaries if it finds that the last preceding survey of record is faulty or inadequate or that insufficient monuments are in position along such boundaries.

(b) No improvements shall be required, except such as may be necessary to provide equivalent access, as provided hereafter in this section.

(c) No findings need be made as to the suitability of the land or as to the provision of public facilities and services for it.

(2) The governing body may, on its own motion, order the vacation and reversion to acreage of all or any part of a subdivision within its jurisdiction, including the vacation of streets or other parcels of land dedicated for public purposes or any of such streets or other parcels, when:

(a) The plat of the subdivision was recorded as provided by law not less than five years before the date of such action; and

(b) In the subdivision or part thereof, not more than ten percent of the total subdivision area, has been sold as lots by the original subdivider or his successor in title. Such action shall be based on a finding by the governing body or by its accredited representative for the approval of subdivision plats that the proposed vacation and reversion to acreage of subdivided land conforms to the comprehensive plan of the area and that the public ?ealth, safety, economy, comfort, order, convemence, and welfare will be promoted thereby. Before acting on a proposal for vacation and reversion of subdivided land to acreage, the governing body or its accredited representative shall hold a public hearing thereon, with due public notice.

(3) (a) If land in a subdivision or part thereof is proposed for reversion to acreage, either at the instance of the governing body or by filing a plat by the owner, and such land is subject to existing zoning regulations, the governing body shall, upon recommendation of the planning commission or other board or commission dealing with the recommendations as to zoning, where such agency exists concurrently with the proceedings for vacation and reversion to acreage, or for consideration of an action on such plat, conduct proceedings for such amendment of such zon-ing regulations as may be deemed advisable

642


in view of the conditions that will exist subsequent to such reversion to acreage.

(b) No owner of any parcel of land in a subdivision shall be deprived by the reversion to acreage of any part of the subdivision of reasonable access to such parcel nor of reasonable access therefrom to existing facilities to which such parcel has theretofore had access. Such access remaining or provided after such vacation need not be the same as that theretofore existing, but shall be reasonably equivalent thereto.

&1.101'}'.-125, ch. 68-138.

163.285 Subdivision regulations; erection of buildings adjacent to unapproved streets.In any area in which a planning commission has been established and made the accredited representative of the governing body for the purpose of plat approval and for which a comprehensive plan, or such portion of a comprehensive plan as relates to the major street plan, has been adopted, the following limitation shall apply concerning erection of buildings adjacent to unapproved streets: No building shall be erected on a lot or parcel of land within the area, nor shall any building permit be issued therefor, unless the street giving access to the lot or parcel on which such building is proposed to be placed has been accepted and opened as a public street, has otherwise received the legal status of a public street, has been accepted by the governing body and is shown on a recorded subdivision plat, or is a private street dedicated for the use of certain lots or parcels but not accepted for maintenance by the governing body or available for use by the public.

molor,..-§26, ch. 68-138.

163.290 Subdivision regulations; delegation of authority to other governmental agencies.Nothing contained in this part shall prevent the governing body from assigning part or all of the powers and duties described in §§163.260 to 163.285 to agencies other than the commission. Governing bodies are hereby empowered to make such assignment of part or all of such powers and duties for the purpose of carrying out and enforcing the provisions of §§163.260 to 163.285, relative to approval of subdivision plans and plats and other matters contained herein.

&lslor,..-127, ch. 68-138.

163.295 Building, plumbing, electrical, gas, fire, safety, and sanitary codes.-The several counties and incorporated municipalities, indi

of the several instruments for implementing such comprehensive plans or parts thereof as may have been or hereafter may be adopted. Such codes may be adopted by reference if at least three copies of each such code are kept available for public use, inspection, and examination at some public office under the jurisdiction of the governing body to be determined by the governing body at the time of the adoption of such code or codes. The penalty provisions for the violation of such codes shall be set out in full in the ordinance adopting the code or codes. The provisions of this section shall not be interpreted to authorize the adoption and enforcement of any minimum housing code or public school building codes.

&IIIOI'}'.-I28, ch. 68-138.

163.300 Fees and charges; employment of personnel.-

(1) The several counties and incorporated municipalities of this state, individually or in combination as authorized by this part, are empowered to determine and set equitable fees and charges for the services and activities necessary to the administration of any ordinance or regulation enacted pursuant to this part.

(2) The several counties and incorporated municipalities of this state, individually or in combination as authorized by this part, are empowered to employ personnel of the type and kind necessary to administer and enforce any ordinance or regulation enacted pursuant to this part.

&lllor,..-128, ch. 68-138.

163.305 Enforcement of ordinances and regulations.-The governing body shall provide by ordinance for the enforcement of any ordinance or regulation enacted under the provisions of this part. When appropriate, violation of any ordinance or regulation passed under this part may be deemed a misdemeanor, punishable as provided by law. The governing body may have recourse to such legal remedies as may be necessary to insure compliance with the provision of any ordinance or regulation en-acted pursuant to this part. .

&lolor,..-130, ch. 69-138.

163.310 Construction.-This part shall be liberally construed to promote the purposes for which it is intended except for the penalty provisions, which shall be strictly construed against the commission or governing body.

&lotor,..-131, ch. 69-138.

vidually or in combination as authorized by this 163.315 Effect of part II on existing planpart, are authorized and empowered to adopt ning and plan implementation authorization.and, from time to time, amend or revise and (1) A county or incorporated municipality, enforce building, plumbing, electrical, gas, fire, jointly or individually as set out in this part, safety, and sanitary codes after a public hear- desiring to utilize the provisions of this part ing with due public notice. Such codes are must take formal suitable action declaring declared to be necessary to promote and pre- its election to proceed under the provisions serve the public health, safety, comfort, order, of this part. Any county or incorporated muappearance, convenience, morals, and general nicipality which, prior to September 1, 1969, welfare. Such codes are declared to be one had the authority to engage in planning and

643


plan implementation from whatever source derived may continue to operate under such preexisting authority until the governing body of such county or incorporated municipality shall declare this part to be effective therein.

(2) Any municipal or county ordinance legally enacted under the provisions of any such preexisting power and authority shall remain in force and effect after this part becomes effective until the county or municipality has elected to proceed under the provisions

of this part and has brought such resolution or ordinance into conformity with the provisions of this part. However, after this part becomes effective in any county or municipality, such resolutions and ordinances shall be administered under the provisions of this part, and any amendments to any such county or municipal ordinance shall be made under the provisions of this part.

Hlstor".-133, ch. 69-139.

PART III

COMMUNITY REDEVELOPMENT ACT

163.330 163.335 163.340 163.345 163.350 163.355

Short title. Findings and declarations of necessity. Definitions. Encouragement of private enterprise. Workable program. Finding of necessity by counties or

municipalities. 163.360 Community redevelopment plans. 163.365 Neighborhood and community-wide

163.370 163.375 163.380

163.385 163.390 163.395

plans. Powers; counties and municipalities. Eminent domain. Disposal of property in community

redevelopment area. Issuance of bonds. Bonds as legal investments. Property exempt from taxes and from

levy and sale by virtue of an execution.

163.400 Cooperation by public bodies.

163.330 Short title.-This part III of chapter 163 shall be known and may be cited as the "community redevelopment act of 1969."

HI0&0r".-11, ch. 69-305.

163.335 Findings and declarations of necessity.-

(1) It is hereby found and declared that there exist in counties and municipalities of the state slum and blighted areas which constitute a serious and growing menace, injurious to the public health, safety, morals, and welfare of the residents of the state; that the existence of such areas contributes substantially and increasingly to the spread of disease and crime, constitutes an economic and social liability imposing onerous burdens which decrease the tax base and reduce tax revenues, substantially impairs or arrests sound growth, retards the provision of housing accommodations, aggravates traffic problems and substantially hampers the elimination of traffic hazards and the improvement of traffic facilities; and that the prevention and elimination of slums and blight is a matter of state policy and state concern in order that the state and its counties and municipalities shall not continue to be endangered by areas which are focal centers of disease, promote juvenile delinquency, and consume an excessive proportion of its revenues because of the extra

163.405 163.410

163.415

163.420

163.425 163.430

163.435

163.440 163.445

163.450

Title of purchaser. Exercise of powers in counties with

home rule charters. Exercise of powers in counties with

out home rule charters. Exercise of powers in carrying out

community redevelopment project and related activities.

Community redevelopment agency. Powers supplemental to existing com

munity redevelopment powers. Public officials, commissioners, and

employees prohibited from acquiring an interest.

Referendum. Assistance to community redevelop

ment by state agencies. Municipal and county participation in

neighborhood development programs under U.S.P.L. 90 .. 448.

services required for police, fire, accident, hospitalization, and other forms of public protection, services, and facilities.

(2) It is further found and declared that certain slum or blighted areas, or portions thereof, may require acquisition, clearance, and disposition subject to use restrictions, as provided in this part, since the prevailing condition of decay may make impracticable the reclamation of the area by conservation or rehabilitation; that other areas or portions thereof may, through the means provided in this part, be susceptible of conservation or rehabilitation in such a manner that the conditions and evils enumerated may be eliminated, remedied, or prevented; and that salvageable slum and blighted areas can be conserved and rehabilitated through appropriate public action as herein authorized and the cooperation and voluntary action of the owners and tenants of property in such areas.

(3) It is further found and declared that the powers conferred by this part are for pub~ lic uses and purposes for which public money may be expended and the power of eminent domain and police power exercised, and the necessity in the public interest for the provisions herein enacted is hereby declared as a matter of legislative determination.

Hlstor" .-12, ch. 69-305.

644


163.340 Definitions.-The following terms, wherever used or referred to in this part, shall have the following meanings:

(1) "Agency" or "community redevelopment agency" means a public agency created by §163.425.

(2) "Public body" means the state or any county, municipality, authority, district or any other public body of the state. '

(3) "Governing body" means the council or other legislative body charged with governing the county or municipality.

(4) "Mayor" means the mayor of a municipality or, for a county, the chairman of the board of county commissioners or such other officer as may be constituted by law to act as the executive head of such municipality or county.

(5) "Clerk" means the clerk or other official of the county or municipality who is the custodian of the official records of such county or municipality.

(6) "Federal government" includes the United States or any agency or instrumentality, corporate or otherwise, of the United States.

(7) "Slum area" means an area in which there is a predominance of buildings or improvements, whether residential or nonresidential, which by reason of dilapidation, deterioration, age or obsolescence, inadequate provision for ventilation, light, air, sanitation, or open spaces, high density of population and overcrowding, the existence of conditions which endanger life or property by fire or other causes, or any combination of such factors is conducive to ill health, transmission of disease, infant mortality, juvenile delinquency, or crime and is detrimental to the public health, safety, morals, or welfare.

(8) "Blighted area" means an area in which there are a substantial number of slum, deteriorated, or deteriorating structures and conditions which endanger life or property by fire or other causes or one or more of the following factors which substantially impairs or arrests the sound growth of a county or municipality and is a menace to the public health, safety, morals, or welfare in its present condition and use:

(a) Predominance of defective or inadequate street layout;

(b) Faulty lot layout in relation to size, adequacy, accessibility or usefulness;

(c) Unsanitary or unsafe conditions; (d) Deterioration of site or other improve

ments; (e) Tax or special assessment delinquency

exceeding the fair value of the land; and (f) Diversity of ownership or defective or

unusual conditions of title which prevents the free alienability of land within the deteriorated or hazardous area.

(9) "Community redevelopment project" means undertakings and activities of a county or municipality in a community redevelopment area for the elimination and prevention of the

development or spread of slums and blight, and may include slum clearance and redevelopment in a community redevelopment area, rehabilitation or conservation in a community redevelopment area, or any combination or part thereof in accordance with a community redevelopment plan.

(10) "Community redevelopment area" means a slum area or a blighted area or a combination thereof which the governing body designates as appropriate for a community redevelopment project.

(11) "Community redevelopment plan" means a plan, as it exists from time to time, for a community redevelopment project.

(12) "Related activities" means: (a) Planning work for the preparation of

a general neighborhood redevelopment plan or for the preparation or completion of a community-wide plan or program pursuant to §163.365; and

(b) The functions related to the acquisition and disposal of real property pursuant to §163.370(4).

(13) "Real property" means all lands, including improvements and fixtures thereon, and property of any nature appurtenant thereto or used in connection therewith and every estate, interest, right and use, legal or equitable, therein, including but not limited to terms for years and liens by way of judgment, mortgage, or otherwise.

(14) "Bonds" means any bonds (including refunding bonds), notes, interim certificates, certificates of indebtedness, debentures, or other obligations.

(15) "Obligee" means and includes any bondholder, agents or trustees for any bondholders, or lessor demising to the county or municipality property used in connection with community redevelopment, or any assignee or assignees of such lessor's interest or any part thereof, and the federal government when it is a party to any contract with the county or municipality.

(16) "Person" means any individual, firm, partnership, corporation, company, association, joint stock association, or body politic and includes any trustee, receiver, assignee, or other person acting in a similar representative capacity.

(17) "Area of operation" means, for a county, · the area within the boundaries of the county, and for a municipality, the area within the corporate limits of the municipality.

(18) "Housing authority" means a housing authority created by and established pursuant to chapter 421.

(19) "Board" or "commission" means a board, commission, department, division, office, body or other unit of the county or municipality.

(20) "Public officer" means any officer who is in charge of any department or branch of the government of the county or municipality relating to health, fire, building regulations,

645


or other activities concerning dwellings in the county or municipality.

BIo&ory .-f3, ch. 68-305.

163.345 Encouragement of private enterprise.-Any county or municipality, to the greatest extent it determines to be feasible in carrying out the provisions of this part, shall afford maximum opportunity, consistent with the sound needs of the county or municipality as a whole, to the rehabilitation or redevelopment of the community redevelopment area by private enterprise. Any county or municipality shall give consideration to this objective in exercising its powers under this part, including the formulation of a workable program, the approval of community redevelopment plans, community-wide plans or programs for community redevelopment, and general neighborhood redevelopment plans (consistent with the general plan of the county or municipality), the exercise of its zoning powers, the enforcement of other laws, codes and regulations relating to the use of land and the use and occupancy of buildings and improvements, the disposition of any property acquired, and the provision of necessary public improvements.

Blstory.-14, ch. 68-305.

163.350 Workable program.-Any county or municipality for the purposes of this part may formulate for the county or municipality a workable program for utilizing appropriate private and public resources to eliminate and prevent the development or spread of slums and urban blight, to encourage needed community rehabilitation, to provide for the redevelopment of slum and blighted areas, or to undertake such of the aforesaid activities or other feasible county or municipal activities as may be suitably employed to achieve the objectives of such workable program. Such workable program may include provision · for the prevention of the spread of blight into areas of the county or municipality which are free from blight through diligent enforcement of housing, zoning, and occupancy controls and standards; the rehabilitation or conservation of slum and blighted areas or portions thereof by replanning, removing congestion, providing parks, playgrounds and other public improvements, encouraging voluntary rehabilitation, and compelling the repair and rehabilitation of deteriorated or · deteriorating structures; and the clearance and redevelopment of slum and blighted areas or portions thereof.

B1.&ory.-15, ch. 68-305.

163.355 Finding of necessity by counties or municipalities.-No county or municipality shall exercise the authority conferred by this part until after the governing body shall have adopted a resolution finding that:

(1) One or more slum or blighted areas exist in such county or municipality; and,

(2) The rehabilitation, conservation, or redevelopment, or a combination thereof, of such area or areas is necessary in the interest of the

public health, safety, morals, or welfare of the residents of such county or municipality.

Bll&ory .-16, ch. 68-305 .

163.360 Community redevelopment plans.(1) A community redevelopment project for

a community redevelopment area shall not be planned or initiated unless the governing body has, by resolution, determined such area to be a slum area or a blighted area or a combination thereof and designated such area as appropriate for a community redevelopment project.

(2) The community redevelopment plan shall:

(a) Conform to the general plan for the county or municipality as a whole except as provided in subsection (8); and

(b) Be sufficiently complete to indicate such land acquisition, demolition and removal of structures, redevelopment, improvements, and rehabilitation as may be proposed to be carried out in the community redevelopment area, zoning and planning changes, if any, land uses, maximum densities, and building requirements.

(3) The county or municipality may itself prepare or cause to be prepared a community redevelopment plan, or any person or agency, public or private, may submit such a plan to a county or municipality. Prior to its approval of a community redevelopment project, the governing body shall submit such plan to the planning commission of the county or municipality, if any, for review and recommendations as to its conformity with the general plan for the development of the county or municipality as a whole. The planning commission shall submit its written recommendations with respect to the proposed community redevelopment plan to the governing body within thirty days after receipt oLthe plan for review. Upon receipt of the recommendations of the planning commission, or, if no recommendations are received within said thirty days, then without such recommendations, the governing body may proceed with the hearing on the proposed community redevelopment project prescribed by subsection (4).

(4) The governing body shall hold a public hearing on a community redevelopment project after public notice thereof by publication in a newspaper having a general circulation in the area of operation of the county or municipality. The notice shall describe the time, date, place and purpose of the hearing, identify generally the community redevelopment area covered by the plan, and outline the general scope of the community redevelopment project under consideration.

(5) Following such hearing, the governing body may approve a community redevelopment project and the plan therefor if it finds that:

(a) A feasible method exists for the location of families who will be displaced from the community redevelopment area in decent, safe, and sanitary dwelling accommodations within their means and without undue hardship to such families;

646


(b) The community redevelopment plan conforms to the general plan of the county or municipality as a whole;

(c) The community redevelopment plan gives due consideration to the provision of adequate park and recreational areas and facilities that may be desirable for neighborhood improvement, with special consideration for the health, safety and welfare of children residing in the general vicinity of the site covered by the plans; and

(d) The community redevelopment plan will afford maximum opportunity, consistent with the sound needs of the county or municipality as a whole, for the rehabilitation or redevelopment of the community redevelopment area by private enterprise.

(6) If the community redevelopment area consists of an area of open land to be acquired by the county or the municipality, such area shall not be so acquired unless:

(a) In the event the area is to be developed for residential uses, the governing body shall determine:

1. That a shortage of housing of sound standards and design which is decent, safe, and sanitary exists in the county or municipality;

2. That the need for housing accommodations has been or will be increased as a result of the clearance of slums in other areas;

3. That the conditions of blight in the area and the shortage of decent, safe and sanitary housing cause or contribute to an increase in and spread of disease and crime and constitute a menace to the public health, safety, morals, or welfare; and

4. That the acquisition of the area for residential uses is an integral part of and essential to the program of the county or municipality, or

(b) In the event the area is to be developed for nonresidential uses, the governing body shall determine that such nonresidential uses are necessary and appropriate to facilitate the proper growth and development of the community in accordance with sound planning standards and local community objectives, which acquisition may require the exercise of governmental action, as provided in this part, because of defective or unusual conditions of title or diversity of ownership which prevents the free alienability of such land, tax delinquency, improper subdivisions, outmoded street patterns, deterioration of site, economic disuse, unsuitable topography or faulty lot layouts, lack of correlation of the area with other areas of a county or municipality by streets and modern traffic requirements, or any combination of such factors or other conditions which re" tard development of the area.

(7) A community redevelopment plan may be modified at any time. However, if modified after the lease or sale by the county or municipality of real property in the community redevelopment project area, such modification may be conditioned upon such approval of the owner, lessee, or successor in interest as the county or municipality may deem advisable and

in any event shall be subject to such rights at law or in equity as a lessee or purchaser, or his successor or successors in interest, may be entitled to assert.

(8) Upon the approval of the governing body of a community redevelopment plan or of any modification thereof, such plan or modification shall be deemed to be in full force and effect for the respective community redevelopment area, and the county or municipality may then cause such plan or modification to be carried out in accordance with its terms.

(9) Notwithstanding any other provisions of this part, when, the governing body certifies that an area is in need of redevelopment or rehabilitation as a result of a flood, fire, hurricane, earthquake, storm, or other catastrophe respecting which the governor of the state has certified the need for disaster assistance under federal law, that area may be certified as a "blighted area," and the governing body may approve a community redevelopment plan and a community redevelopment project with respect to such area without regard to the provisions of subsection (5) and the provisions of this section requiring a general plan for the county or municipality and a public hearing on the community redevelopment project.

Blotor7.-17, ch. 68-305.

163.365 Neighborhood and community-wide plans.-

(1) Any municipality or county or any public body authorized to perform planning work may prepare a general neighborhood redevelop_ ment plan for a community redevelopment area or areas, together with any adjoining areas having specially related problems, which may be of such scope that redevelopment activities may have to be carried out in stages. Such plans may include, but not be limited to, a preliminary plan which:

(a) Outlines the community redevelopment activities proposed for the area involved;

(b) Provides a framework for the preparation of community redevelopment plans; and

(c) Indicates generally the land uses, population density, building coverage, prospective requirements for rehabilitation and improvement of property and portions of the area contemplated for clearance and redevelopment. A general neighborhood redevelopment plan shall, in the determination of the governing body, conform to the general plan of the locality as a whole and the workable program of the county or municipality.

(2) Any county or municipality or any public body authorized to perform planning work may prepare or complete a community-wide plan or program for community redevelopment which shall conform to the general plan for the development of the county or municipality as a whole and may include, but not be limited to, identification of slum or blighted areas, measurement of blight, determination of resources needed and available to renew such areas, identification of potential project areas and types

647


of action contemplated, and scheduling of community redevelopment activities.

(3) Authority is hereby vested in every county and municipality to prepare, adopt, and revise from time to time a general plan for the physical development of the county or municipality as a whole (giving due regard to the environs and metropolitan surroundings), to establish and maintain a planning commission for such purpose and related county or municipal planning activities, and to make available and to appropriate necessary funds therefor.

m.tory.-f8. ch. 68-305.

163.370 Powers; counties and municipalities.-Every county and municipality shall have all the powers necessary or convenient to carry out and effectuate the purposes and provisions of this part, including the following powers in addition to others herein granted:

(1) To make and execute contracts and other instruments necessary or convenient to the exercise of its powers under this part; to disseminate slum clearance and community redevelopment information; to undertake and carry out community redevelopment projects and related activities within its area of operation, such projects to include:

(a) Acquisition of a slum area or a blighted area or portion thereof;

(b) Demolition and removal of buildings and improvements;

(c) Installation, construction, or reconstruction of streets, utilities, parks, playgrounds, and other improvements necessary for carrying out in the community redevelopment area the community redevelopment objectives of this part in accordance with the community redevelopment plan;

(d) Disposition of any property acquired in the community redevelopment area at its fair value for uses in accordance with the community redevelopment plan;

(e) Carrying out plans for a program of voluntary or compulsory repair and rehabilitation of buildings or other improvements in accordance with the community redevelopment plan;

(f) Acquisition of real property in the community redevelopment area which, under the community redevelopment plan, is to be repaired or rehabilitated for dwelling use or related facilities, repair or rehabilitation of the structures for guidance purposes, and resale of the property;

(g) Acquisition of any other real property in the community redevelopment area when necessary to eliminate unhealthful, unsanitary or unsafe conditions, lessen density, eliminate obsolete or other uses detrimental to the public welfare, or otherwise to remove or prevent the spread of blight or deterioration, or to provide land for needed public facilities;

(h) Acquisition, without regard to any requirement that the area be a slum or blighted area, of air rights in an area consisting principally of land in highways, railway or subway

tracks, bridge or tunnel entrances, or other similar facilities which have a blighting influence on the surrounding area and over which air rights sites are to be developed for the elimination of such blighting influences and for the provision of housing (and related facilities and uses) designed specifically for, and limited to, families and individuals of low or moderate income;

(i) Construction of foundations and platforms necessary for the provision of air rights sites of housing (and related facilities and uses) designed specifically for, and limited to, families and individuals of low or moderate income.

(2) To provide, or to arrange or contract for, the furnishing or repair by any person or agency, public or private, of services, privileges, works, streets, roads, public utilities or other facilities for or in connection with a community redevelopment project; to install, construct, and reconstruct streets, utilities, parks, playgrounds, and other public inprove'" ments; and to agree to any conditions that it may deem reasonable and appropriate attached to federal financial assistance and imposed pursuant to federal law relating to the determination of prevailing salaries or wages or compliance with labor standards, in the undertaking or carrying out of a community redevelopment project and related activities, and to include in any contract let in connection with such a project and related activities, provisions to fulfill such of said conditions as it may deem reasonable and appropriate;

(3) Within its area of operation: (a) To enter into any building or property

in any community redevelopment area in order to make inspections, surveys, appraisals, soundings, or test borings and to obtain an order for this purpose from a court of competent jurisdiction in the event entry is denied or resisted;

(b) To acquire by purchase, lease, option, gift, grant, bequest, devise, eminent domain or otherwise, any real property (or personal property for its administrative purposes) together with any improvements thereon;

(c) To hold, improve, clear or prepare for redevelopment any such property;

(d) To mortgage, pledge, hypothecate or otherwise encumber or dispose of any real property;

(e) To insure or provide for the insurance of any real or personal property or operations of the county or municipality against any risks or hazards, including the power to pay premiums on any such insurance; and

(f) To enter into any contracts necessary to effectuate the purposes of this part. However, no statutory provision with respect to the acquisition, clearance or disposition of property by public bodies shall restrict a county or municipality or other public body exercising powers hereunder in the exercise of such functions with respect to a community redevelopment project and related activities unless the legislature shall specifically so state;

648

Ch. 163 INTERGOVERNMENTAL RELATIONS Ch. 16a

(4) With the approval of the governing elimination of slums and urban blight and de-body: veloping and demonstrating new or improved

(a) Prior to approval of a community re- means of providing housing for families and development plan, or approval of any modifi- persons of low income; cations of the plan, to acquire real property (9) To apply for, accept and utilize grants in a community redevelopment area, demolish of funds from the federal government for such and remove any structures on the property, purposes; and pay all costs related to the acquisition, (10) To prepare plans for and assist in demolition, or removal, including any adminis- the relocation of persons (including individtrative or relocation expenses; and uals, families, business concerns, nonprofit or-

(b) To assume the responsibility to bear ganizations and others) displaced from a any loss that may arise as the result of the community redevelopment are,a, and to make reexercise of authority under this subsection in location payments to or with respect to such the event that the real property is not made persons for moving expenses and losses of part- of the community redevelopment project; property for which reimbursement or com-

(5) To invest any community redevelopment pensation is not otherwise made, including funds held in reserves or sinking funds or any the making of such payments financed by the such funds not required for immediate disburse- federal government; ment in property or securities in which savings (11) To appropriate such funds and make banks may legally invest funds subject to their such expenditures as may be necessary to carry control; to redeem such bonds as have been out the purposes of this part; to zone or reissued pursuant to §I63.385 of this part at the zone any part of the county or municipality or redemption price established therein or to pur- make exceptions from building regulations; and chase such bonds at less than redemption price, to enter into agreements with a housing auall such bonds so redeemed or purchased to be thority or a community redevelopment agency canceled; vested with community redevelopment powers

(6) To borrow money and to apply for and under §I63.4IO of this part (which agreements accept advances, loans, grants, contributions may. extend over any period, notwithstanding and any other form of financial assistance from any provision or rule of law to the contrary), the federal government, the state, county, or respecting action to be taken by such county other public body, or from any sources, public or municipality pursuant to any of the powers or private, for the purposes of this part, and granted by this part; to give such security as may be required and (12) To close, vacate, plan or replan streets, to enter into and carry out contracts or agree- roads, sidewalks, ways or other places; and to ments in connection therewith; and to include plan or replan any part of the county or muin any contract for financial assistance with nicipality; the federal government for or with respect to a (13) Within its area of operation, to or'" community redevelopment project and related ganize, coordinate, and direct the administraactivities such conditions imposed pursuant to tion of the provisions of this part, as they may federal laws as the county or municipality may apply to such county or municipality in order deem reasonable and appropriate and which that the objective of remedying slum and are not inconsistent with the purposes of this blighted areas and preventing the causes therepart; of within such county or municipality may be

(7) Within its area of operation, to make most effectively promoted and achieved, and to or have made all surveys and plans necessary establish such new office or offices of the county to the carrying out of the purposes of this or municipality or to reorganize existing offices part and to contract with any person, public in order to carry out such purpose most effecor private, in making and carrying out such tively; and plans and to adopt or approve, modify and (14) To exercise all or any part or combina-amend such plans, which plans may include, tion of powers herein granted. but not be limited to: m.&or1.-II. ch. 61-305.

(a) Plans for carrying out a program of 163.375 Eminent domain.-voluntary or compulsory repair and rehabilita- (1) Any county or municipality shall have tion of buildings and improvements; the right to acquire by condemnation any inter-

(b) Plans for the enforcement of state and est in real property, including a fee simple title local laws, codes, and regulations relating to thereto, which it may deem necessary for or in the use of land and the use and occupancy of connection with a community redevelopment buildings and improvements and to the com- project and related activities under this part. pulsory repair, rehabilitation, demolition or Any county or municipality may exercise the removal of buildings and improvements; 'and power of eminent domain in the manner pro-

(c) Appraisals, title searches, surveys, stud... vided in chapters 73 and 74 and acts amend a'" ies, and other plans and work necessary to pre- tory thereof or supplementary thereto, or it pare for the undertaking of community rede- may exercise the power of eminent domain in velopment projects and related activities; the manner now or which may be hereafter

(8) To develop, test, and report methods provided by any other statutory provisions for and techniques, and carry out demonstrations the exercise of the power of eminent domain. and other activities, for the prevention and the Property already devoted to a public use may

.649

Ch. 163 INTERGOVERNMENTAL RELATIONS Ch. 16~

be acquired in like manner. However, no real property belonging to the United States, the state, or any political subdivision of the state may be acquired without ·its consent.

(2) In any proceeding to fix or assess compensation for damages for the taking of property, or any interest therein, through the exercise of the power of eminent domain or condemnation, evidence or testimony bearing upon the following matters shall be admissible and shall be considered in fixing such compensation or damages in addition to evidence or testimony otherwise admissible:

(a) Any use, condition, occupancy, or operation of such property, which is unlawful or violative of, or subject to elimination, abatement, prohibition, or correction under, any law, ordinance, or regulatory measure of the state, county, municipality, or other political subdivision, or any agency thereof, in which such property is located, as being unsafe, substandard, unsanitary, or otherwise contrary to the public health, safety, morals, or welfare;

(b) The effect on the value of such property, of any such use, condition, occupancy, or operation, or of the elimination, abatement, prohibition, or correction of any such use, condition, occupancy, or operation.

(3) The foregoing testimony and evidence shall be admissible notwithstanding that no action has been taken by any public body or public officer toward the abatement, prohibition, elimination, or correction of any such use, condition, occupancy, or operation. Testimony or evidence that any public body or public officer charged with the duty or authority so to do has rendered, made, or issued any judgment, decree, determination, or order for the abatement, prohibition, elimination, or correction of any such use, condition, occupancy, or operation shall be admissible and shall be prima facie evidence of the existence and character of such use, condition, or operation.

BI"0..,..--110, ch. 68-305.

163.380 Disposal of property in community redevelopment area.-

(1) Any county or municipality may sell, lease or otherwise transfer real property or any interest therein acquired by it for a community redevelopment project, and may enter into contracts with respect thereto, in a community redevelopment area for residential, recreational, commercial, industrial, educational or other uses or for public use, or may retain such property or interest for public use, in accordance with the community redevelopment plan, subject to such covenants, conditions and restrictions, including covenants running with the land, as it may deem to be necessary or desirable to assist in preventing the development or spread of future slums or blighted areas or to otherwise carry out the purposes of this part. However, such sale, lease, other transfer, or retention, and any agreement relating thereto, may be made only after the approval of the community redevelopment plan by the governing body. The purchasers or les-

sees and their successors and assigns shall be obligated to devote such real property only tothe uses specified in the community redevelopment plan, and may be obligated to comply with such other requirements as the county or municipality may determine to be in the public interest, including the obligation to begin within a reasonable time any improvements on such real property required by the community redevelopment plan. Such real property or in .. terest shall be sold, leased, otherwise transferred, or retained at not less than its fair value for uses in accordance with the community redevelopment plan and in accordance with competitive bidding procedures conforming with those required for sales of state lands as set forth in §§270.07 through 270.09. In determining the fair value of real property for uses in accordance with the community redevelopment plan, the county or municipality shall take into account and give consideration to the uses provided in such plan; the restrictions upon, and the covenants, conditions, and obligations assumed by the purchaser or lessee or by the county or municipality retaining the property; and the objectives of such plan for the pre" venti on of the recurrence of slum or blighted areas. The county or municipality in any instrument of conveyance to a private purchaser or lessee may provide that such purchaser or lessee shall be without power to sell, lease, or otherwise transfer the real property without the prior written consent of the county or municipality until he has completed the construction of any or all improvements which he has obligated himself to construct thereon. Real property acquired by the county or municipality which, in accordance with the provisions of the community redevelopment plan, is to be transferred, shall be transferred as rapidly as fea .. sible in the public interest consistent with the carrying out of the provisions of the community redevelopment plan. Any contract for such transfer and the community redevelopment plan (or such part or parts of such contract or plan as the county or municipality may determine) may be recorded in the land records of the clerk of the circuit court in such manner as to afford actual or constructive notice thereof.

(2) Any county or municipality may dispose of real property in a community redevelopment area to private persons only under such reasonable competitive bidding procedures as it shall prescribe or as provided in this subsection. The county or municipality may, by pub .. lic notice by publication in a newspaper having a general circulation in the community, at least thirty days prior to the execution of any contract to sell, lease or otherwise transfer real property and prior to the delivery of any instrument of conveyance with respect theretounder the provisions of this section, invite proposals from, and make available all pertinent information to, private red.evelopers or any persons interested in undertaking to redevelop or rehabilitate a community redevelopment

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to · hi.tory.-i12, ch. 6201, 1908; gs 969; rgs 1744; cgl 2796. 157.11 lateral drains may be...

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