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ORDINANCE NO.	2004-018

3 i	AN ORDINANCE  OF THE BOARD  OF COUNTY COMMISSIONERS
4,:	OF    PALM     BEACH     COUNTY,     FLORIDA     ESTABLISHING     A s..	DEPENDENT  DISTRICT  ENCOMPASSING   THE  LAND  DESCRIBED 6,	IN   SECTION   2   OF   THIS   ORDINANCE;    NAMING   THE   INITIAL T	MEMBERS  OF  THE  BOARD  OF  SUPERVISORS  OF  THE DISTRICT;
ESTABLISHING THE NAME OF THE DISTRICT AS CAPTAIN'S
KEY DEPENDENT DISTRICT; DESIGNATING THE PURPOSE OF
101	THE DISTRICT; DESIGNATING THE POWERS OF THE DISTRICT;
I	PROVIDING FOR CAPTIONS; PROVIDING FOR SEVERABILITY;
i	AND PROVIDING FOR AN EFFECTIVE DATE.
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WHEREAS, the Florida Legislature created Chapter 189, Florida Statutes, as amended, to provide an alternative method to finance, deliver and manage community services; and

WHEREAS, Captain's Key Property Owners Association (the "Petitioner"), has requested the Board of County Commissioners of Palm Beach County, Florida (the "Board") to establish Captain's Key Dependent District (the "District") to provide certain community services; and

WHEREAS, the District will constitute a timely, efficient, responsive and economic way to deliver community services; and

WHEREAS, the creation of the District is the best alternative available for delivering  the community services and facilities to the area that will be served by the District  as  alternative methods of delivering services and facilities to this area are not feasible and the area that will be served by the District is amenable to separate special district government; and

WHEREAS, the District does not have any zoning or development permitting power  and the establishment of the District is not a development order; and

WHEREAS, the capital costs and operational costs incurred by the District will be  borne solely by the property owners in the District and in no way are the responsibility of Palm Beach County; and

WHEREAS, the District does not have the power to levy taxes and the assessment power of the District is limited to levying non-ad valorem special assessments, benefit special assessments, special assessments and maintenance special assessments; and

WHEREAS, the creation of this District is consistent with the Palm Beach County Comprehensive Plan.

NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY, FLORIDA:

48ii	Section I. Creation of District
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so1i	Captain's Key Dependent District is hereby created.
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5211	Section 2. District Boundaries
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The District shall encompass all land depicted on the Plat of Captain's Key in Section 33, Township 41S, Range 43E, Palm Beach County, Florida recorded in Plat Book 28, Pages 176- 177 and as modified in Official Record Book 2I60, Pages 340-344, Palm Beach County, Florida; less and excepting therefrom those lands replatted by the plat of Seminole Landing as recorded in Plat Book 30, Pages 35 and 36, public records of Palm Beach County, Florida.

Section 3. District Name

62 !I	The name of the District shall be "Captain's Key Dependent District".

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2	Section 4. Initial Board Members
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41	The initial members of the Board of Supervisors of the Captain's Key Dependent District (the
5	"District Board") shall be:
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John R. Banister
Joseph  O'Neill
Scott Hasday
Daniel L. Millner
Frederick J. Staudt

Section 5. Purpose

12127 Captains Landing North Palm Beach, Fl. 33408 12071 Captains Landing North Palm Beach, Fl. 33408 12132 Captains Landing North Palm Beach, FL 33408 12205 Captains Landing North Palm Beach, Fl. 33408 12147 Captains Landing North Palm Beach, Fl. 33408

l5,i,l	The District is created for the purposes set forth in herein.

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I	Section 6. General Powers
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I	The Board  hereby  grants to  the District  general  powers  as hereinafter  defined,  and  hereby finds
2a	that it is  in the public interest  of the citizens of the County to grant such  general powers.  The
211	District shall have, and the District Board may exercise, the following general powers:
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231i	(1)	To sue and be sued in the name of the District; to adopt and use a seal and authorize the
24,1,	use of a facsimile thereof; to acquire, by purchase, gift, devise, or otherwise, and to  dispose of,
25il	real and personal  property,  or any estate therein;  and to make  and execute contracts and other
2/'l"l	instruments necessary or convenient to the exercise of its powers.
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To borrow money and accept gifts; to apply for and use grants or loans of money or 1 other property from the United States, the state, a unit of local government, or  any person for any District purposes and enter into agreements required in connection therewith; and to hold, use, and dispose of such moneys or property for any District purposes in accordance with the terms of the gift, grant, loan, or agreement relating thereto.

To adopt rules and orders prescribing the powers, duties, and functions of the officers of the District; the conduct of the business of the District; the maintenance of records; and the form of certificates evidencing tax liens and all other documents and records of the District. The District Board may also adopt administrative rules with respect to any of the projects of the District and define the area to be included therein. The District Board may also adopt resolutions that may be necessary for the conduct of District business.

To hold, control, and acquire by donation, purchase, or dispose of,  any  public easements, dedications to public use, platted reservations for public purposes, or  any reservations for those purposes authorized by this Ordinance and to make use  of  such easements, dedications, or reservations for any of the purposes authorized  by this Ordinance.  It is expressly recognized and acknowledged that Seacoast Utility Authority owns and operates water distribution facilities within the existing road rights-of-way and platted easements of the lands described in Section 2 of this Ordinance. Nothing contained  herein shall affect existing  , or future rights, interests, ownership or authority of Seacoast Utility Authority.	,

To lease as lessor or lessee to or from any person, firm, corporation, association, or body, public or private, any projects of the type that the District is authorized to undertake and facilities or property of any nature for the use of the District to carry out any of the purposes authorized by this act.

To borrow money and issue bonds, certificates, warrants, notes, or other evidence
of indebtedness as hereinafter provided; to levy such special assessments as may be authorized.

5811	(7)	To raise, by user charges or fees authorized by resolution of the District Board,
5911 amounts  of money  which  are  necessary  for  the conduct  of the District  activities  and  services 6011  and   to   enforce   their   receipt   and   collection   in  the  manner  prescribed   by  resolution   not 61,i inconsistent with law.
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l	(8)	To cooperate with, or contract with, other governmental  agencies as may be  necessary,
:i	convenient,  incidental,  or  proper  in connection  with  any of the  powers,  duties,  or purposes
3	authorized by this ordinance.
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To determine, order, levy, impose, collect, and enforce special assessments pursuant to · Chapter  170, Florida Statutes or  other  applicable  law.   Such special  assessments  may,  in th,e discretion of the District, be; levied, collected and enforced pursuant to the provisions of . sections 197.3631, 197.3632, and 197.3635, or Chapter 170, Florida Statutes.

To finance, fund, plan, establish, acquire, construct or reconstruct, enlarge or extend, equip, operate, and maintain systems, facilities, and basic infrastructures for the following:

Surface water management and control for the lands within the District including i roadway  culverts,  drains,  catch  basins,  outfalls  and  associated  headwalls  and  appurtenances, thereto,
District roads equal to or exceeding the specifications of the County, and traffic control i
signs and streetlights.

Landscaping and associated irrigation systems for roads and entranceway features only.

Security, including guardhouses, fences and gates, electronic intrusion-detection systems except that the District may not exercise any police power.

To adopt and enforce appropriate rules following the procedures of Chapter 120,  Florida Statutes in connection with the provision of one or more services through its systems and facilities.

291	(f)	To exercise all of the powers necessary, convenient, incidental, or proper in connection ,
301	with any of the powers,  duties,  or  purposes authorized  by this Ordinance.	I
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321	Section 7. Board of Supervisors
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The District Board shall exercise the powers granted to the District pursuant to this Ordinance. The District Board shall consist of five members, each member shall hold office for a term as specified herein and until a successor is chosen and qualifies. During their unexpired terms, members of the District Board are subject to removal at will by the Board of County Commissioners. The members of the District Board must be residents of the State of Florida and citizens of the United States.

Within 90 days following the effective date of this Ordinance establishing the District, there shall be held a meeting of the landowners of the District for the purpose of electing five supervisors for the District. Notice of the landowners' meeting shall be published once a week for 2 consecutive weeks in a newspaper which is in general circulation in the area of the District, the last day of such publication to be not fewer than 14 days or more than 28 days before the date of the election. The landowners, when assembled at such meeting, shall organize by electing a chair who shall conduct the meeting.

At such meeting, each landowner shall be entitled to cast one vote per home or lot owned by him or her and located within the District for each person to be elected. A landowner may vote in person or by proxy in writing. The two candidates receiving the highest number of votes shall be elected for a period of 4 years, and the three candidates receiving the next largest number of votes shall be elected for a period of 2 years. The members of the first District Board elected by landowners shall serve their respective 4-year or 2-year terms; however, the next election by landowners shall be in the month of February on a date established by the District Board and noticed pursuant to paragraph (a). Thereafter, there shall be an election of supervisors for the district every 2 years in February on a date established by the District Board and noticed pursuant to paragraph (a). The two candidates receiving the highest number of votes shall be elected to serve for a 4-year period, and the remaining candidate elected shall serve for a 2-year period.

t!	(c)	Members of the District Board shall be known as supervisors and, upon entering into 1
zi   office, shall take and subscribe to the oath of office as prescribed by law. They shall hold office 3i   for the terms for which they were elected or appointed  and until their successors are chosen and 4!   qualified.  If,  during the term of office, a vacancy occurs, the remaining members of the District 5' Board shall fill the vacancy by an appointment for the remainder of the unexpired term.
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7:	(d)	A majority of the members of the District Board constitutes a quorum for the purposes 1    8'	of conducting its business and exercising its powers and for all other purposes.   Action taken by 9'	the District shall be upon a vote of a majority of the members present unless general law or a
10,	rule of the District requires a greater number.
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12i	(e)	As  soon  as  practicable  after  each  election  or  appointment,  the  District  Board shall
131	organize by electing one of its members  as chair and by electing a secretary, who need not  be a
1411'	member  of  the  District  Board,  and  such  other  officers  as  the  District  Board  may  deem
IS\	necessary.
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n	(f)	The District Board shall keep a permanent record book entitled "Record  of Proceedings
! I	of Captain's  Key  Dependent  District,"  in which  shall  be recorded  minutes  of  all  meetings,
19	resolutions,  proceedings,  certificates,  bonds given by all employees,  and any and all corporate

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acts. The record book shall at reasonable times be opened to inspection in the same manner as state, county, and municipal records pursuant to law. The record book shall be kept at the office or other regular place of business maintained by the District Board in Palm Beach County.

All meetings of the District Board shall be open to the public and governed by the provisions of general law.
The District Board may employ, and fix the compensation of, a district manager. The i district manager shall have charge and supervision of the works of the District and shall be responsible for preserving and maintaining any improvement or facility constructed or erected pursuant to the provisions of this Ordinance, for maintaining and operating the  equipment owned by the District, and for performing such other duties as may be  prescribed  by  the District  Board.	The district manager may hire or otherwise employ and terminate the employment of such other persons, including, without limitation, professional, supervisory, and clerical   employees,   as  may  be  necessary   and   authorized   by  the   District  Board.	The compensation and other conditions of employment of the officers and employees of the District shall be as provided by the District Board.

The District Board shall designate a person who is a resident of the District as treasurer  of the District, who shall have charge of the funds of the district. Such funds shall be disbursed only upon the order, or pursuant to the resolution, of the District Board by warrant or check countersigned by the treasurer and by such other person as may be authorized by the District Board. The District Board may give the treasurer such other or additional  powers and duties as the District Board may deem appropriate and may fix his or her compensation. The  District Board may require the treasurer to give a bond in such amount, on such terms, and with such sureties as may be deemed satisfactory to the District Board to secure the performance by the treasurer of his or her powers and duties. The financial records of the District Board shall be 1 audited by an independent certified public accountant at least once a year.

G)	The District Board is authorized to select as a depository for its  funds  any qualified public depository as defined in general law which meets all the requirements of general law and 1 has been designated by the Treasurer as a qualified public depository, upon such terms and conditions as to the payment of interest by such depository upon the funds so deposited as the District Board may deem just and reasonable.

5511	Section 8. Financial Reports
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57'1 The fiscal  year of the District  shall end on September  30 of each  year and  the District  shall 5811 provide financial reports in such form and in such manner  as prescribed  pursuant  to-general  59!1 law.
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61ii Section 9. Budgets

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On or before each July 15, the District Board shall prepare (or have prepared) a  proposed I budget for the ensuing fiscal year. The proposed budget shall include at the direction of the· District Board an estimate of all necessary expenditures of the District for the ensuing fiscal i  year and an estimate of income to the District from the taxes and assessments provided in this i act.	The District Board shall consider the proposed budget item by item and may either ·
approve the budget as proposed or modify the same in part  or in whole.  The  District  Board shall indicate its approval of the budget by resolution, which resolution shall provide for a 1 hearing on the budget as approved. Notice of the hearing on the budget shall be published in a , newspaper of general circulation in the area of the District once a  week  for  2  consecutive weeks, except that the first publication shall be not fewer than 15 days prior to the date of the hearing. The notice shall further contain a designation of the day, time, and place of the public
hearing.	At the time and place designated in the notice, the District Board shall hear all objections to the budget as proposed and may make such changes as the District Board deems i necessary.		At the conclusion of the budget hearing, the District Board shall, by resolution, ,
adopt the budget as finally approved by the District Board. The budget shall be adopted prior i
to October I of each year.

Section 10. Disclosure of Public Financing.

The District Board shall take affirmative steps to provide for the full disclosure of information relating to the public financing and maintenance of improvements to real property undertaken by the District. Such information shall be made available to all existing residents, and to all prospective residents of the District whenever possible.

Section 11. Borrowing Money

The District at any time may borrow money in such amount and form and on such terms and conditions as the District Board may approve for the purpose of obtaining funds for any lawful expenditure of the District, which loans shall bear such interest as the District Board may determine and as not in excess of any maximum prescribed by general law and may be payable from and secured by a pledge of such funds, revenues, taxes, and assessments as the District Board may determine. The District Board shall have the right to provide  for the payment thereof by pledging the whole or any part of the funds, revenues, taxes, and assessments of the District. The approval of the electors residing in the District shall  not  be necessary  except when required by the State Constitution.

Section 12. Taxes; Non-ad Valorem Assessments

(I)	AD VALOREM TAXES.-The District shall not have the power to levy and assess ad
valorem taxes.

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(2) BENEFIT SPECIAL ASSESSMENTS.--The District Board  shall  annually determine, order, and levy the annual installment of the total benefit special assessments for debt incurred and related expenses to finance District facilities and projects which are levied under this Ordinance. These assessments may be due and collected during each year that county taxes are due and collected, in which case such annual installment and levy shall be evidenced to and certified to the Property Appraiser by the District Board not later than August 31 of each year, and such assessment shall be entered by the Property Appraiser on the County tax rolls, and shall be collected and enforced by the Tax Collector in the same manner  and at the same time  as County taxes, and the proceeds thereof shall be paid to the District. However,  this  subsection shall not prohibit the District in its discretion from using the method prescribed in either sections 197.363 or 197.3632, Florida Statutes for collecting and enforcing these assessments. These benefit special assessments shall be a lien on the property against which assessed until paid and shall be enforceable in like manner as County taxes. The amount of the assessment for the exercise of the District's powers under this Ordinance shall be determined by, the District Board based upon a report of the District's engineer and assessed by the District Board upon such lands, which may be part or all of the lands within the District benefited  by the improvement, apportioned between benefited lands in proportion to the benefits received by each tract of!and.

61il	(3)	MAINTENANCE  SPECIAL ASSESSMENTS.--To maintain and preserve the facilities
62\I,	and  projects  of the District,  the District  Board  may levy a  maintenance  special  assessment.

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This assessment may be evidenced to and certified to the Property Appraiser by the District Board not later than August 31 of each year and shall be entered by the Property Appraiser on the County tax rolls and shall be collected and enforced by the Tax Collector in  the same manner and at the same time as County taxes, and the proceeds there from shall be paid to the District. However, this subsection shall not prohibit the District in its discretion from using the method prescribed in either sections 197.363 or 197.3632, Florida Statutes for collecting and 1 enforcing these assessments.	These maintenance special assessments shall be a lien on the property against which assessed until paid and shall be enforceable in like manner as County taxes.	The amount of the maintenance special assessment for the exercise of the District's powers under this Ordinance shall be determined by the District Board based upon a report  of the district's engineer and assessed by the District Board upon such lands, which may be all of the lands within the District benefited by the maintenance thereof, apportioned between the benefited lands in proportion to the benefits received by each tract ofland.

ENFORCEMENT OF ASSESSMENTS.--The collection and enforcement of all assessments levied by the District shall be at the same time and in like manner as County taxes, and the provisions of the Florida Statutes relating to the sale of lands for unpaid and delinquent county taxes; the issuance, sale, and delivery of tax certificates for such unpaid and delinquent County taxes; the redemption thereof; the issuance to individuals of tax deeds based thereon; and all other procedures in connection therewith shall be applicable to the district to the same extent as if such statutory provisions were expressly set forth herein. All assessments shall be subject to the same discounts as County taxes.

WHEN UNPAID ASSESSMENTS ARE DELINQUENT; PENALTY.--All assessments provided for in this act shall become delinquent and bear penalties on the amount of such assessments in the same manner as County taxes.

ASSESSMENTS CONSTITUTE LIENS; COLLECTION.--Benefit special assessments and maintenance special assessments authorized by this Ordinance shall constitute a lien on the property against which assessed from the date of imposition thereof until paid, coequal with the lien of state, county, municipal, and school board taxes. These non-ad valorem assessments may be collected, at the District's discretion, by the Tax Collector pursuant to the provisions of sections 197.363 or 197.3632, Florida Statutes., or in accordance with other collection measures provided by law.

LAND OWNED BY GOVERNMENTAL  ENTITY.--Except  as  otherwise  provided  by law, no levy of non-ad valorem assessments under this  Ordinance,  or  Chapter  170,  Florida Statutes, Chapter 197, Florida Statutes or otherwise, by a District Board on property of a 1 governmental entity that is  subject  to  a  ground  lease  as  described  in  section  190.003(13), Florida Statutes shall constitute a lien or encumbrance on the underlying fee interest of such governmental entity.

Section 13. Special Assessments

The District Board may levy special assessments for the construction, reconstruction, acquisition, or maintenance of District facilities authorized under this Ordinance using the procedures for levy and collection provided in Chapter 170, Florida Statutes or Chapter 197, , Florida Statutes.

Notwithstanding the provisions of section 170.09, Florida Statutes, District assessments may be made payable in no more than 30 yearly installments.

Section 14. Payment of taxes and redemption of tax liens by the District; Sharing in proceeds of tax sale

(1)	The District has the right to:

581	(a)	Pay any delinquent state, county, district, municipal, or other tax or assessment upon
591	lands located wholly or partially within the boundaries of the District; and
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I	(b)	To redeem or purchase any tax sales certificates issued or sold on account of any state,
:i	county, district, municipal, or other taxes or assessments upon lands located wholly or partially within the boundaries of the District.
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(2)	Delinquent taxes paid, or tax sales certificates redeemed or purchased, by the District,
together with all penalties for the default in payment of the same and all costs in collecting the
same and a reasonable attorney's fee, shall constitute a lien in favor of the district of equal i
dignity with the liens of state and county taxes and other taxes of equal dignity with state and
county taxes upon all the real property against which the taxes were levied. The lien of the
IO	District may be foreclosed in the manner provided in this Ordinance.

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(3) In any sale of land pursuant to section 197.542, Florida Statutes and amendments·
thereto, the District may certify to the clerk of the circuit court of the County holding such sale the amount of taxes due to the District upon the lands sought to be sold; and the District shall share in the disbursement of the sales proceeds in accordance the provisions of this Ordinance and under the laws of the state.

Section 15. Foreclosure of Liens

Any lien in favor of the District arising under this Ordinance may be foreclosed by the District by foreclosure proceedings in the name of the District in a court of competent jurisdiction as provided by general law in like manner as is provided in Chapter 173, Florida Statutes and amendments thereto; the provisions of that chapter shall be applicable to such proceedings with the same force and effect as if those provisions were expressly set forth in this Ordinance. Any act required or authorized to be done by or on behalf of the District in foreclosure proceedings under Chapter 173, Florida Statutes, may be performed by such officer or agent of the District  as the Board of Supervisors may designate. Such foreclosure proceedings may be brought  at any time after the expiration of 1 year from the date any tax, or installment thereof, becomes delinquent; however no lien shall be foreclosed against any political subdivision or agency of the state. Other legal remedies shall remain available.

Section 16. Bids Required

No contract shall be let by the District Board for any goods, supplies, or materials to be purchased when the amount thereof to be paid by the District shall exceed the amount provided in section 287.017, Florida Statutes for category four, unless notice of bids shall be advertised once in a newspaper in general circulation in the County. The District Board seeking to construct or improve a public building, structure, or other public works shall comply with the bidding procedures of section 255.20, Florida Statutes and other applicable general  law.  In  each case, the bid of the lowest responsive and responsible bidder shall be accepted unless all bids are rejected because the bids are too high, or the District Board determines it is in the best interests of the District to reject all bids. The District Board may require the bidders to furnish bond with a responsible surety to be approved by the District Board. Nothing in this section shall prevent the District Board from undertaking and performing the construction, operation, and maintenance of any project or facility authorized by this Ordinance by the employment of labor, material, and machinery.

The provisions of the Consultants' Competitive Negotiation Act, section 287.055, Florida Statutes apply to contracts for engineering, architecture, landscape architecture, or registered surveying and mapping services let by the District Board.

Contracts for maintenance services for any District facility or project shall be subject to competitive bidding requirements when the amount thereof to be paid by the District exceeds the amount provided ins. 287.017 for category four. The District may adopt rules, policies, or procedures establishing competitive bidding procedures for maintenance  services.  Contracts for other services shall not be subject to competitive bidding unless the district adopts a rule, policy, or procedure applying competitive bidding procedures to said contracts.

59!!	Section  17.	Fees, rentals, and charges; procedure for adoption and modifications;
601j	minimum revenue requirements
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Iii	( 1)	The District is authorized to prescribe, fix, establish, and collect rates, fees, rentals, or  2i	other charges,  hereinafter  sometimes  referred to as "revenues,"  and  to revise the same from 1   3i	time to time, for the facilities and services furnished by the District, within the limits of the
4	district, including, but not limited to, recreational facilities, water management and control '
5i	facilities  to recover the costs of making connection  with any District  facility or system; and to
6	provide for reasonable penalties  against  any user or property for any such rates, fees, rentals, or
T	other charges that are delinquent.
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No such rates, fees, rentals, or other charges for any of the facilities or services of the District shall be fixed until after a public hearing at which all the users of the proposed  facility or services or owners, tenants, or occupants served or to be served thereby and all other interested persons shall have an opportunity to be heard concerning the proposed rates, fees, rentals, or other charges. Rates, fees, rentals, and other charges shall be adopted under the administrative rulemaking authority of the District, but shall not apply  to  District  leases. Notice of such public hearing setting forth the proposed schedule or schedules of rates, fees, rentals, and other charges shall have been published in a newspaper in the county  and  of general circulation in the District at least once and at least 10 days prior to such public hearing. The rulemaking hearing may be adjourned from time to time. After  such  hearing,  such schedule or schedules, either as initially proposed or as modified or amended, may be finally adopted. A copy of the schedule or schedules of such rates, fees, rentals, or charges as finally adopted shall be kept on file in an office designated by the District Board and shall  be open at all reasonable times to public inspection. The rates, fees, rentals, or charges so fixed for any class of users or property served shall be extended to cover any additional users or properties
thereafter served which shall fall in the same class, without the necessity of any notice or hearing.

Such rates, fees, rentals, and charges shall be just and equitable and uniform for users of the same class, and when appropriate may be based or computed either upon the amount of service furnished, upon the number of average number of persons residing or working in or otherwise occupying the premises served, or upon any other factor affecting the use of the facilities furnished, or upon any combination of the foregoing factors, as may be determined by the board on an equitable basis.

The rates, fees, rentals, or other charges prescribed shall be such as will produce revenues, together with any other assessments, taxes, revenues, or funds available or pledged  for such purpose, at least sufficient to provide for the items hereinafter listed, but  not necessarily in the order stated:

To provide for all expenses of operation and maintenance of such facility or service;

To pay when due all bonds and interest thereon for the payment of which such revenues are, or shall have been, pledged or encumbered, including reserves for such purpose; and

45i		(c)	To provide for any other funds  which  may  be required  under  the resolution  or 41l	resolutions authorizing the issuance of bonds pursuant to this Ordinance.
471
481	(5)	The District Board shall have the power to enter into contracts for the use of the projects
49	of the District  and with respect  to the services and facilities furnished  or to be furnished by the
5<l	District.
5111
5211	Section 18. Recovery of Delinquent Charges
5311
5411	In the event that any rates, fees, rentals, charges, or delinquent penalties shall not be paid as and
55ii	when due and shall be in default for 60 days or more, the unpaid balance thereof and all interest
561	accrued  thereon,  together with reasonable  attorney's  fees and costs, may be recovered  by  the
571!	District in a civil action.
5811
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6011	Section 20. Enforcement and penalties
6111

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The District Board or any aggrieved person may have recourse to such remedies in law and at equity as may be necessary to ensure compliance with the provisions of  this  Ordinance, including injunctive relief to enjoin or restrain any person violating the provisions of this Ordinance or any bylaws, resolutions, regulations, rules, codes,  or orders  adopted  under  this act. In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained, or any building, structure, land, or water is used, in violation of this 1 Ordinance or of any code, order, resolution, or other regulation made under authority conferred i by this Ordinance or under law, the District Board or any citizen residing in the district may institute any appropriate action or proceeding to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance, or use; to restrain, correct, or avoid such violation; to prevent the occupancy of such building, structure, land, or water; and  to prevent any illegal act, conduct, business, or use in or about such premises, land, or water.

Section 21. Suits against the District

Any suit or action brought or maintained against the District for damages arising out of tort, including, without limitation, any claim arising upon account of an act causing an injury or loss of property, personal injury, or death, shall be subject to the limitations provided ins. 768.28.

Section 22. Exemption of District Property from Execution

All District-owned property shall  be exempt  from  levy and sale by virtue of an execution, and no execution or other judicial process shall issue against such property, nor shall any judgment against the District be a charge or lien on its property or revenues; however, nothing contained herein   shall   apply   to  or  limit   the  rights  of  bondholders   to  pursue   any  remedy  for  the I
enforcement of any lien or pledge given by the district in connection with any of the bonds or I
obligations of the District.

Section 23.  Non-interference with Seacoast Utility District

Notwithstanding anything to the contrary in this Ordinance, the District shall not interfere with, impede or compete in any way with Seacoast Utility Authority in the delivery of water and sewer service, including reclaimed water. Further, the District shall have no authority to set rates, fees or other charges for water and sewer service, including reclaimed water; nor shall the District have the authority to require Seacoast to discontinue service to any Seacoast customer within the District, it being recognized that Seacoast has the sole authority to make a determination to discontinue service to its Seacoast customers

Section 24. Captions

The captions, section headings, and section designations used in this ordinance are intended for convenience of users only and shall have no effect on  the interpretation of the provisions  of this ordinance.

Section 25. Severability

If any clause, or other part or application of this Ordinance shall be held in any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part or application shall be considered as eliminated and so not affecting the validity of the remaining portions or applications which shall remain in full force and effect

Section 26. Effective Date

This ordinance shall take effect upon filing with the Department of State, per Section 125.66, Florida Statutes.

I',
21
31	APPROVED AND ENACTED by the Board of County Commissioners of Pahn Beach County,
4i	Florida, on this _JJ_ day of	July	, 2004.
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BOARD OF COUNTY COMMISSIONERS PALM BEACH COUNTY

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APPROVED AS TO FORM AND LEGAL SUFFICIENCY
By: _!._Mfome;y--- -
County Attorney

Acknowledged	by the Department of State, State of Florida, on the
July	,2004

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CAPTAIN'S KEY COMMUNITY DEVELOPMENT DISTRICT

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JUNO BEACH

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