Sebastian Inlet District - Florida Chapter 7976 - 1919-05-23
Florida Chapter 7976.1919 (No. 194)
AN ACT to Create and Incorporate a Special Taxing District[1] in Brevard and Saint Lucie Counties, Florida, to be known and Designated as Sebastian Inlet District; Prescribing the Boundaries Thereof; to Provide for the Government and Administration of Said District; to Define the Powers and Purposes Thereof; To Authorize Said Board to Construct and Maintain an Inlet in Said District to Connect the Waters of the Atlantic Ocean with the Waters of the Indian River; to Construct All Other Works Necessary or Proper in Connection With Said Inlet; to Provide for the Acquiring and Condemnation of Any Property Needed for District Purposes; to Empower the Board of Commissioners of Said District to Levy and Collect Taxes for District Purposes; to Authorize Said Board to Borrow Money and Issue and Sell Bonds to Procure Money to Carry Out the Provisions of This Act; to Provide for the Election of Said Commissioners and an Election to Determine Whether Bonds of the District Shall be Issued; to Prevent Injury to Any Works Constructed under this Act, and Prescribing Penalties Therefor; and Generally to Provide for the Construction and Maintenance of an Inlet in said District to Connect the Waters of the Atlantic Ocean With the Waters of the Indian River.
Be It Enacted by the Legislature of the State of Florida :
Section 1. Special Taxing District Credit. That a special taxing District is hereby created, to be known as the Sebastian Inlet District, to consist of so much of Brevard and Saint Lucie Counties, Florida, as is described and embraced in the following boundaries, to-wit:
All of the Third Commissioner's District of Brevard County and that part of the Fourth Commissioner's District of Brevard County, Florida, bounded on the North by the Township line between Township Twenty-five (25) and Township Twenty-six (26) and all of the First Commissioner's District of Saint Lucie County, as at present located and established.
Sec. 2. That a Governing body of said Sebastian Inlet District, to be known and designated as the “Board Governing of Commissioners of Sebastian Inlet District” shall be composed of three members, who shall be elected as hereinafter provided. Said Governing body shall have all the powers of a body corporate, including the power to sue and be sued as a corporation in said name in any Court; to contract, to adopt and use a common seal and alter the same at pleasure; and to purchase, hold, lease and convey such real estate and personal property as said board may deem proper to carry out the purposes of this Act; to appoint a Chief Engineer, a Consulting Engineer, and such agents and employees as said Board may require; to borrow money and to issue negotiable promissory notes or bonds therefor to enable it to carry out the provisions of this Act.
Sec. 3. That as soon as practicable after this Act shall become a law, the Board of County Commissioners of Brevard County, and the Board of County Commissioners of Saint Lucie County, Florida, shall each call and provide for a special election to be held on the same day in each County for the purpose of electing the Commissioners provided for in this Act and to determine whether said Board of Commissioners of Sebastian Inlet District shall be authorized to issue bonds as provided in this Act. At such election only registered voters residing within said district who own real or personal property, as shown by the assessment roll for the year 1918 in the office of the County Tax Collector, shall be qualified to vote. Payment of poll tax shall not be required, the Board of County Commissioners of Brevard and Saint Lucie Counties, Florida, respectively, shall name the date of said election and the polling places and shall name the inspectors and clerks to hold said election and shall provide the ballots and all printed matter therefor, and shall canvass the returns of said election and declare the results thereof. Notice of the holding of such election shall be published for two successive weeks in newspapers published in Melbourne, and Fort Pierce, Fla. The said election shall be held in accordance with the general election laws, except as herein provided.
Sec. 4. The three persons receiving the highest number of ballots cast at such special election shall be declared the Commissioners under this Act until the general election in the year 1920, and until their successors shall have been duly elected and shall have qualified; at such general election and every four years thereafter their successors shall be elected by qualified voters of said District, to hold office for four years, or until their successors are elected and qualified. Each Commissioner under this Act before he assumes office shall be required to give to Sebastian Inlet District a good and sufficient surety bond in the sum of $2000.00 conditioned for the faithful performance of the duties of his office, said bond to be approved by and filed with the Clerk of the Circuit Court of Brevard County, Florida. Said bonds shall be recorded in the minutes of said Board of Commissioners of said Sebastian Inlet District. The failure of any person so elected as Commissioner of Sebastian Inlet District within thirty days after his election to give bond, shall create a vacancy as to such Commissioner; that such vacancy, if there be only one, shall be filled by the other Commissioners naming a person duly qualified to hold such office, which manner of filling such office shall obtain in case of resignation, death or removal from said District of any Commissioner; and if there should at any time be more than one vacancy, from any cause whatsoever, then a special election shall be held to fill such vacancies. Provided, that no person shall be qualified to hold office as Commissioner under this Act, unless such person be a qualified elector of said District.
Sec. 5. At such special election shall also be determined whether the Board of Commissioners of Sebastian Inlet District shall be authorized to issue bonds in the sum of $100,000.00 for the purposes provided in this Act. The form for ballot to be used at such election shall be substantially as follows:
OFFICIAL BALLOT SEBASTIAN INLET DISTRICT. Special Election (insert date) Precinct No. (Make a cross mark (X) before the pame of the candidate of your choice)
Vote for three: Shall bonds in the sum of $100,000.00 be issued for the purpose of constructing and maintaining an inlet to connect the waters of the Atlantic Ocean with the waters of the Indian River in Sebastian Inlet District, as provided in the law creating the District ? Make X at left to indicate choice of voter. Yes. No.
Sec. 6. If a majority of the votes cast at such special election in Sebastian Inlet District are in favor of said bond issue, then the Board of Commissioners of said Sebastian Inlet District shall be authorized to issue special bonds and use the proceeds for the purposes provided by this Act. If a majority of the votes cast at such special election in Sebastian Inlet District are against said bond issue, the said Board of Commissioners of Sebastian Inlet District shall incur no expense and proceed no further under this Act.
Sec.7. As soon as practicable after such Commissioners have been elected and have qualified, they shall meet Organization and organize by the election, from among their number, of a Chairman, a Secretary, and a Treasurer, two members of the Board shall constitute a quorum. The vote of two members shall be necessary to transact business. The Chairman shall vote at all meetings of the Board.
Sec. 8. The Commissioners under this Act shall be paid five dollars a day for each day's services and five cents a mile for each mile actually traveled in going and from the office of the Board of Commissioners of the Sebastian Inlet District; provided the per diem and mileage compensation shall not exceed the sum of Three Hundred ($300.00) Dollars for each Commissioner during any one year and that the per diem herein provided for shall apply to services rendered for inspection of work performed for the District, or other services under this Act. At least once a year the Board of Commissioners of the Sebastian Inlet District shall name a committee of three representative business men of said district for the purpose of auditing the books of said Board ; said committee shall have the power to audit or to employ a competent accountant or auditor to audit the books, accounts and records of said Board of Commissioners of the Sebastian Inlet District and of the Secretary thereof; no person acting on such committee within the 1ast preceding twelve months shall be appointed on such committee; the compensation of such committee shall be the same as that of the Commissioners under this Act; said compensation for a competent auditor or accountant be paid by the Board of Commissioners as other bills(?) are paid by the Board of Commissioners of Sebastian Inlet District.
Sec. 9. It shall be the duty of said Board of Commissioners of Sebastian Inlet District to construct and maintain an Inlet between the Indian River and the Atlantic Ocean at the place designated by the War Department of the United States Government in the period granted to Sebastian Inlet Association. Width, character, and manner of construction of said Inlet shall be determined by said Board of Commissioners with the approval and recommendation of the Chief Engineer, and said Board is further authorized to do all acts and things proper, necessary or convenient for the aforesaid purposes. The opening and maintenance of such Inlet or waterway connecting the waters of the Atlantic Ocean with the waters of the Indian River within the Sebastian Inlet District are hereby found and declared to for public purposes and to be necessary for the use of shipping and for transportation and for the extense(?) of commerce of the State of Florida and of said District and also to be necessary for the maintenance of the health of the inhabitants of the territory embraced the said District and for the convenience, comfort and welfare of the said District and the inhabitants there.
Sec. 10. Immediately after the organization of said Board, it shall elect a Chief Engineer. That the width, character and manner of construction of said Inlet or Engineer. waterway shall be determined by said Board upon the approval and recommendation of the Chief Engineer of the Board.
Sec. 11. The said Chief Engineer shall make a full and complete report of his preliminary survey of the In- Engineer 10 let or waterway proposed to be constructed, together make report. with the jetty or jetties if any should be necessary, to protect same, with the estimated cost of carrying out all of said work; and such report shall be published in each newspaper published in the District.
Sec. 12. If the said Board of Commissioners of Sebastian Inlet District shall determine after receiving the report and estimate of their Chief Engineer that a substantial Inlet can be constructed for a cost not exceeding the proceeds of said bond issue then the said Board of Commissioners are hereby authorized to issue and sell said bonds or so much of them as may be necessary, and use the proceeds for the purposes provided in the Act.
Sec. 13. No Inlet shall be made or constructed until a sufficient sum of money shall have been provided and set aside for the building and construction of said Inlet. And provide further, that before any construction work upon said Inlet shall be undertaken it shall be the duty of said Chief Engineer to prepare and submit to said Board a plan showing in detail a method to be employed in the construction of said Inlet or waterway and the jetty or jetties, if any; said plan may thereafter be submitted to and approved by a competent consulting engineer thoroughly versed in works of this nature, and when so adopted and approved shall be adhered to in the construction work upon such Inlet or waterway and jetty or jetties, if any; except in case it shall appear desirable as the work advances to modify said plans in order to further insure permanency in the location of said Inlet or waterway or jetty or jetties, then a modification of said plans, to accomplish said purpose, may be permitted and regularly incorporated in said plans, after having being approved by said Consulting Engineer and adopted by said Board; or such modification may be made without the advice of a Consulting Engineer.
Sec. 14. That the said Board shall have the power and authority to hold, control and acquire by gift or purchase, for the use of the District, any real or personal property, and to condemn any lands or easements needed for the purposes of the District. Said Board is authorized to exercise the right of eminent domain and institute and maintain condemnation proceedings as prescribed by the laws of Florida.
Sec. 15. That said Board is hereby authorized and empowered to levy upon all of the real and personal taxable property in said District, a special tax sufficient in amount to pay the interest becoming due and payable annually upon any bonds issued or money borrowed by said District, and also to create a sinking fund for the payment of the principal thereof at maturity; and in addition a special tax not exceeding one mill on the dollar for the year 1919, and for each and every year thereafter, to be used solely for the purpose authorized and prescribed by this Act. Said levy shall be made each year, not later than the first day of June of each year by resolution of said Board, or a majority thereof, , duly entered at large upon its minutes. Certified copies of such resolution executed in the name of said Board by its Chairman and Secretary and under its corporate seal shall be made and delivered to the Board of County Commissioners of Saint Lucie County and to the Board of County Commissioners of Brevard County and to the Comptroller of the State of Florida, not later than the 15th day of June of each and every year thereafter. It shall be the duty of the Board of County Commissioners of Saint Lucie County and the Board of County Commissioners of Brevard County, Florida, to order the assessors of each of said counties to assess, and the Collectors of each of said counties to collect the amount of taxes assessed by said Board of Commissioners of Sebastian Inlet District upon all of the taxable real and personal property in said District at the rate of taxation adopted by said Board for said year, and included in said resolution, and said levy shall be included in the warrant of the tax assessor and attached to the assess. ment roll of taxes for each said County each year. The tax collector shall collect such taxes so levied by said Board in the same manner as other taxes are collected, and shall pay the same within the time and in the manner prescribed by law to the Treasurer of said Board.
It shall be the duty of said Comptroller to assess and levy on all railroad lines and railroad property and telegraph lines and telegraph property situated in said District, including as well all telephone lines and telephone property, in the amount of each such levy as in case of other State and county taxes and to collect the said taxes thereon in the same manner as he is required by law to assess and collect taxes for State and county purposes and to remit the same to the Treasurer of said Board. All such taxes shall be held by said Treasurer for the credit of said Board and paid out by him as provided herein.
Sec. 16. That said Board is hereby authorized and empowered in order to provide for the work prescribed expenses. by this Act and to pay the expenses incident to all such work on any other expense necessary in carrying out the general purposes of this Act, to borrow money, temporarily, from time to time for periods of time not exceeding two years at any one time, and to issue its promissory notes therefor upon such terms and at such rates of interest, not exceeding seven per cent. per annum as said Board may deem advisable. Any note so made and issued may be paid out of the proceeds of the bonds authorized to be issued by this Act or out of any other revenues or funds of said Board, and said notes shall be a charge upon all of the revenue and property of said Board. In case of an injury by storm or otherwise to any of the works of this District, thereby causing an emergency which must be met at once in order to protect or reconstruct such works, said Board is authorized to borrow money under the terms prescribed above in order to meet such emergency.
Sec. 17. The bonds authorized by this Act and by the Bonds. vote at said election shall not exceed the sum of $100,000.00 and shall bear interest at the rate of six per cent. per annum, interest payable semi-annually, and shall be payable to bearer, they shall be signed by each member of the Board and attested by the Secretary under the seal of said Board. Said bonds shall be in such form, bear such date, in such denominations and be payable at such place and at such time or times as shall be prescribed by the Board, and shall recite that they are issued under the authority of this Act, and shall pledge the full faith and credit of said Board of Commissioners of Sebastian Inlet District for the payment of the principal and the interest thereon. Said bonds shall be numbered consecutively in order of their issuance. Interest coupons shall be attached to said bonds and said coupons shall be consecutively numbered, specifying the number of the bond to which they are attached, and they shall be attested by the lithographed or engraved facsimile signature of the Secretary of the said Board and of the Chairman or other such member of said Board as said Board shall designate. Said bonds may he validated pursuant to the provisions of the law of Florida.
Sec. 18. After said Bonds shall have been executed they shall be delivered to the Secretary of said Board who shall enter in a book to be kept by him the number of each bond, the rate of interest, its maturity, dateof sale, and the person to whom sold, with his post office address. The Secretary of said Board shall hold said bonds and be the legal custodian thereof and deliver the same to the purchaser upon the resolution of said Board duly recorded in its minutes. In case any officers whose signatures, counter-signatures or certificates appear upon said bonds and coupons shall cease to be such officer before the delivery of such bonds to the purchaser, such signatures or counter-signatures or certificates shall nevertheless be valid and sufficient for all purposes in like manner and with the same effect as if such officer had remained in office until the delivery of the bonds.
Sec. 19. This Act shall, without reference to any other Act of the Legislature of Florida, be full authority for the issuance and the sale of the bonds in the Act authorized, which bonds shall have all the qualities of negotiable paper under the law merchant, and shall not be invalid for any irregularity or defect in the proceeding for the issue and sale thereof, and shall be incontestable in the hands of bona fide purchasers for value. No proceedings in respect to the issuance of any such bonds shall be necessary except such as are required by the Act. The provisions of this Act shall constitute an unrepealable contract between said Board and the holders of any such bonds and coupons thereof issued pursuant to the provisions thereof. Any holder of said bonds or coupons may, either at law or in equity, in suit, action or mandamus, enforce and compel the performance of any of the duties required by this Act of any of the officers or persons mentioned herein in relation to said bonds or the collection, enforcement and application of the taxes for the payment thereof.
Sec. 20. It shall be the duty of said Board out of the proceeds of taxes levied and imposed by this Act and out of any other moneys in the possession of said Board, which moneys so far as necessary are hereby set apart and appropriated for the purpose, to apply said moneys and pay the interest on said bonds as the same fall due, and at the maturity of said bonds out of said moneys to pay the principal thereof; and there shall be and is hereby created a sinking fund for the payment of the principal of said bonds, and said Board shall set apart and pay into such sinking fund annually, out of the taxes levied and imposed under this Act, any other revenues and funds of said District, at least two per cent. of the amount of bonds outstanding. Said sinking fund for the payment of the principal of said bonds shall not be appropriated to any other purposes than that herein specified.
Sec. 21. That said Board is hereby authorized and empowered to invest the moneys belonging to the sinking fund created by this Act in bonds issued under this Act or in bonds of the United States of America or of any State of the United States of America or in bonds of any county or municipal corporation of the United States of America, which shall at the time of such investment have a population of at least twenty thousand according to the Federal census immediately preceding such investment, provided, always, that for the payment of the bonds so purchased the full faith and credit of such county, city or municipal corporation shall be pledged. Said Board is hereby authorized and empowered for the purpose of paying the bonds issued under this Act, and when necessary to protect the interest of said Board and said sinking fund, to sell and dispose of any of the securities in which said sinking fund may be invested and reinvest the proceeds from time to time in conformity with the provisions of this Act as said Board may deem expedient. The Treasurer shall be the custodian of all funds belonging to said Board and to the said District, and said fund shall be disbursed only upon the order of said Board signed by the Secretary and countersigned by the Chairman thereof, Said Board shall be and is hereby empowered and authorized to select depositories, in which the funds of said Board shall be deposited by said Treasurer, any Bank or Trust Company organized under the laws of the United States or of the State of Florida, upon such terms and conditions as said Board may deem just and reasonable and upon such terms as to security as the Board shall deem proper, but no sinking fund shall be required, provided said bonds are made payable serially, with maturities beginning not later than three years from date and ending not later than thirty years after said date.
Sec. 22. All work done under the provisions of this Act, both in construction and maintenance, shall be carried on under the supervision of a competent Chief Engineer to be employed by said Board, and no money shall be paid out for any such work to any contractor or sub-contractor until such work has been inspected and approved by such Chief Engineer.
Sec. 23. It shall be the duty of the Board of Commissioners of Sebastian Inlet District to use every reasonable means to maintain, protect and preserve any and all of the works constructed by said Board; and for such purposes the said Board is authorized to use funds derived from taxes assessed and collected for Sebastian Inlet District.
Sec. 24. Whoever shall willfully damage any ditch, canal, levee, inlet, waterway, jetty or other work established or constructed under this Act or who shall fill in or obstruct the flow of water in any inlet, canal, waterway, or remove any earth, stone, or other material from the banks of any canal, inlet, waterway, revetment, or ditch, without having first obtained permission in writing from said Board to remove such material, shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be fined not exceeding one thousand dol. lars or imprisonment in the county jail not longer than six months, or both such fine and imprisonment, in the discretion of the Court.
Sec. 25. Any clause or section of this Act which for any reason may be declared invalid may be eliminated from this Act, and the remaining portion or portions shall be and remain in full force and valid as if such invalid clause or section had not been incorporated therein.
Sec. 26. The Chief Engineer, and any Consulting Engineer, and any agent or employee of the Board of Commissioners or District may be removed at any time by, the Board.
Sec. 27. All work performed and materials furnished for the construction of said Inlet shall be let by contract to the lowest responsible bidder, after advertisement for two successive weeks in the Melbourne, Florida, newspaper and the Florida Times-Union of Jacksonville, Florida. The Board shall have the right to reject any and all bids. Each contractor shall be required to give a surety bond in form and amount to be approved by the Board, with a responsible surety company thereon as surety.
Sec. 28. All laws and parts of laws in conflict here with are hereby repealed.
Sec. 29. This Act shall be in full force and effect immediately upon its passage and approval by the Governor, or upon its becoming a law without such approval.
Approved May 23, 1919.
