House Bill 4469er

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    1998 Legislature                      HB 4469, First Engrossed



  1

  2         An act relating to the South Broward Drainage

  3         District, Broward County; codifying the

  4         district's charter, chapter 67-904, Laws of

  5         Florida, as amended; providing that South

  6         Broward Drainage District is an independent

  7         special district; providing that all officers

  8         and employees of the district on the effective

  9         date of this act shall continue to hold their

10         respective offices until their successors are

11         elected or appointed; changing name of district

12         manager to district director; revising obsolete

13         agency and department references; providing for

14         the district's plan for the drainage and

15         reclamation of lands within the district to

16         remain in full force and effect; deleting

17         interest rate provisions which conflict with

18         section 31 of district's charter; deleting

19         provision authorizing assessment of a tax on

20         lands within the district which belong to the

21         county, school district, or other political

22         subdivisions; providing for deletion of

23         obsolete or no longer required proceedings;

24         revising inconsistent provisions; adding a

25         brief description of sections of district

26         charter which are not described; repealing all

27         prior special acts of the Legislature relating

28         to the South Broward Drainage District except

29         as stated; providing that this act shall take

30         precedence over any conflicting law to the

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  1         extent of such conflict; providing

  2         severability; providing an effective date.

  3

  4  Be It Enacted by the Legislature of the State of Florida:

  5

  6         Section 1.  Chapter 67-904, Laws of Florida, as

  7  amended, is codified, reenacted, amended, and repealed as

  8  provided herein.

  9         Section 2.  The South Broward Drainage District is

10  recreated and reenacted to read:

11         Section 1.  South Broward Drainage District shall

12  continue to be a public corporation and an independent special

13  district. The Hollywood Reclamation District created and

14  established by chapter 67-904, Laws of Florida, and renamed

15  the "South Broward Drainage District" shall continue to be a

16  public corporation of the State of Florida, an independent

17  special district, and have perpetual existence. All lawful

18  debts, bonds, obligations, contracts, franchises, promissory

19  notes, audits, minutes, resolutions, and other takings of the

20  Hollywood Reclamation District and South Broward Drainage

21  District are hereby validated and shall continue to be valid

22  and binding on the South Broward Drainage District in

23  accordance with their respective terms, conditions, covenants,

24  and tenor. Any procedure heretofore done by the Hollywood

25  Reclamation District or South Broward Drainage District under

26  the Florida Statutes or any other law for the construction of

27  any improvements, works, or facilities, for the assessment of

28  benefits and damages, or for the borrowing of money shall not

29  be impaired or avoided by this act; but shall be continued and

30  completed in the name of South Broward Drainage District.

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  1         Section 2.  Title to property reserved.--The title,

  2  rights, and ownership of all property, both real and personal,

  3  uncollected taxes, assessments, claims, judgments, decrees,

  4  choses in action, and all property and property rights held or

  5  owned by the drainage district named "Hollywood Reclamation

  6  District" abolished by chapter 67-904, Laws of Florida, shall

  7  pass to and be vested in the drainage district organized under

  8  this charter to succeed the drainage district abolished.

  9         Section 3.  Obligations unimpaired.--No obligations or

10  contracts of Hollywood Reclamation District abolished by

11  chapter 67-904, Laws of Florida, or of the South Broward

12  Drainage District, including financial obligations heretofore

13  made or any proceeding heretofore begun for any improvement,

14  or for the borrowing of money, or issuing of bonds, shall be

15  impaired or avoided by this charter, but such debts,

16  obligations, and contracts shall pass to and be binding upon

17  the new drainage district created and organized, and all such

18  proceedings heretofore begun for the construction of any

19  improvements or for the borrowing of money or issuing of bonds

20  may be continued and completed and binding upon the said new

21  drainage district; and, likewise, all debts of and claims

22  against the drainage district abolished by chapter 67-904,

23  Laws of Florida, and the South Broward Drainage District,

24  shall be valid against the South Broward Drainage District.

25         Section 4.  Name of drainage district.--The South

26  Broward Drainage District, as its boundaries are hereinafter

27  designated and established, is a body politic and corporate,

28  to be known and designated as "South Broward Drainage

29  District."

30         Section 5.  Officers; hold over.--All officers and

31  employees of the South Broward Drainage District heretofore


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  1  elected or appointed and holding office on the effective date

  2  of this act shall continue to hold their respective offices

  3  and discharge their respective duties thereof until their

  4  successors are elected or appointed and qualified under the

  5  provisions of this charter.

  6         Section 6.  Rules, resolutions, and regulations not

  7  impaired.--All existing rules, resolutions, and regulations of

  8  the Hollywood Reclamation District abolished by chapter

  9  67-904, Laws of Florida, and the South Broward Drainage

10  District not in conflict with the provisions of this charter

11  shall continue in effect unless repealed, amended, or modified

12  by the drainage district which is hereby organized and

13  created.

14         Section 7.  Charter and amendments to charter.--This

15  act shall hereafter be referred to as the Charter of South

16  Broward Drainage District, and may from time to time be

17  amended by duly enacted acts of the Legislature of the State

18  of Florida.

19         Section 8.  Boundaries.--The following boundaries shall

20  be the territory known as "South Broward Drainage District"

21  over which the district shall exercise its general

22  jurisdiction and powers, as provided in this act, to wit:

23         Begin at the Northeast corner of Section 9,

24         Township 51 South, Range 41 East, Broward

25         County, Florida;  Thence South along the East

26         line of the said Section 9 to the Northwest

27         corner of the S 1/2 of Section 10, Township 51

28         South, Range 41 East; Thence East along the

29         North line of the S 1/2 of the said Section 10

30         and along the North line of the SW 1/4 of

31         Section 11, Township 51 South, Range 41 East to


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  1         the Northeast corner of the SW 1/4 of the said

  2         Section 11; Thence South along the East line of

  3         the SW 1/4 of the said Section 11 and along the

  4         East line of the NW 1/4 of Section 14, Township

  5         51 South, Range 41 East to the Southeast Corner

  6         of the NW 1/4 of the said Section 14; Thence

  7         West along the South line of the NW 1/4 of the

  8         said Section 14 to the Northeast Corner of the

  9         S 1/2 of Section 15, Township 51 South, Range

10         41 East; Thence South along the East line of

11         the S 1/2 of the said Section 15 and along the

12         East line of the N 1/2 of Section 22, Township

13         51 South, Range 41 East to the Southeast corner

14         of the N 1/2 of the said Section 22; Thence

15         West along the South line of the N 1/2 of the

16         said Section 22 to the Northeast corner of the

17         S 1/2 of Section 21, Township 51 South, Range

18         41 East; Thence South along the East line of

19         Sections 21 and 28, Township 51 South, Range 41

20         East to the Southeast corner of the said

21         Section 28; Thence West along the South line of

22         Sections 28, 29 and 30, Township 51 South,

23         Range 41 East to the Southwest corner of said

24         Section 30; Thence South along the West line of

25         Section 31, Township 51 South, Range 41 East,

26         to the Southeast corner of Section 36, Township

27         51 South, Range 40 East; Thence West along the

28         South line of Sections 36, 35, 34, 33, 32 and

29         31, Township 51 South, Range 40 East and along

30         the south line of Sections 36, 35 and 34,

31         Township 51 South, Range 39 East, to the


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  1         Southwest corner of Section 34, Township 51

  2         South, Range 39 East; Thence North along the

  3         West line of Sections 34, 27, 22, 15, 10 and 3,

  4         Township 51 South, Range 39 East and along the

  5         West line of Sections 34 and 27, Township 50

  6         South, Range 39 East to the intersection

  7         thereof with the South right-of-way line of the

  8         South Florida Water Management District Canal

  9         C-11 (South New River Canal); Thence Easterly

10         along the South right-of-way line of said South

11         Florida Water Management District Canal C-11

12         through Sections 27, 26 and 25, Township 50

13         South, Range 39 East; and through Sections 30,

14         29 and 28, Township 50 South, Range 40 East to

15         its intersection with the East line of Section

16         28, Township 50 South, Range 40 East; Thence

17         Southerly along the East line of Sections 28

18         and 33, Township 50 South, Range 40 East and

19         along the East line of Section 4, Township 51

20         South, Range 40 East to the Southeast corner of

21         Section 4, Township 51 South, Range 40 East;

22         Thence East along the North line of Sections

23         10, 11 and 12, Township 51 South, Range 40 East

24         and along the North line of Sections 7, 8 and

25         9, Township 51 South, Range 41 East to the

26         point of beginning.

27         Section 9.  Definitions.--Unless the context shall

28  indicate otherwise, the following words as used in this act

29  shall have the following meanings:

30         (1)  "Assessable improvements" includes, without

31  limitation, any and all drainage and land reclamation works


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  1  and facilities, sewer systems, storm sewers and drains, water

  2  systems, streets, roads, or other projects of the district, or

  3  that portion or portions thereof, local in nature and of

  4  special benefit to the premises or lands served thereby, and

  5  any and all modifications, improvements, and enlargements

  6  thereof.

  7         (2)  "Bond" includes "certificate," and provisions

  8  applicable to bonds shall be equally applicable to

  9  certificates. "Bond" includes assessment bonds, refunding

10  bonds, and such other obligations in the nature of bonds as

11  are provided for in this act, as the case may be.

12         (3)  "Board" means the board of supervisors of the

13  South Broward Drainage District, or, if such district shall be

14  abolished, the board, body, or commission succeeding to the

15  principal functions thereof or to whom the powers given by

16  this act to the board of supervisors shall be given by law.

17         (4)  "Cost," when used with reference to any project,

18  includes, but is not limited to, the expenses of determining

19  the feasibility or practicability of acquisition,

20  construction, or reconstruction; the cost of surveys,

21  estimates, plans, and specifications; the cost of acquisition,

22  construction, or reconstruction; the cost of improvements;

23  engineering, fiscal, and legal expenses and charges; the cost

24  of all labor, materials, machinery, and equipment; the cost of

25  all lands, properties, rights, easements, and franchises

26  acquired; federal, state, and local taxes and assessments;

27  financing charges; the creation of initial reserve and debt

28  service funds; working capital and interest charges incurred

29  or estimated to be incurred on money borrowed prior to and

30  during construction and acquisition and for such period of

31  time after completion of construction or acquisition as the


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  1  board may determine; the cost of issuance of bonds pursuant to

  2  this act, including advertisements and printing, the cost of

  3  any election held pursuant to this act, and all other expenses

  4  of issuance of bonds; administrative expense; such other

  5  expenses as may be necessary or incidental to the acquisition,

  6  construction, or reconstruction of any project or to the

  7  financing thereof, or the development of any lands within the

  8  district; all fees and collection charges imposed on the

  9  district by the Broward County Property Appraiser and Revenue

10  Collector; and reimbursement of any public or private body,

11  person, firm, or corporation for any moneys advanced in

12  connection with any of the foregoing items of cost. Any

13  obligation or expense incurred prior to the issuance of bonds

14  in connection with the acquisition, construction, or

15  reconstruction of any project or improvements thereon, or in

16  connection with any other development of land that the board

17  shall determine to be necessary or desirable in carrying out

18  the purposes of this act, may be treated as a part of such

19  cost.

20         (5)  "District" means the South Broward Drainage

21  District.

22         (6)  "Landowner" means the owner of the freehold

23  estate, as appears by the deed record, including private

24  corporations having such an ownership interest, and shall not

25  include reversioners, remaindermen, or trustees, other than

26  persons owning the freehold estate in any proceeding under

27  this act or under chapter 298, Florida Statutes.

28         (7)  "Plat" means a map or drawing, depicting the

29  division of lands into lots, blocks, parcels, tracts, sites,

30  or other divisions; however, the same may be designated.

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  1         (8)  "Project" means any development, improvement,

  2  property, utility, facility, works, road, enterprise, service,

  3  or convenience, now existing or hereafter undertaken or

  4  established, that under the provisions of this act or under

  5  chapter 298, Florida Statutes, the district is authorized to

  6  construct, acquire, undertake, and furnish for its own use or

  7  for the use of any other person, firm, or corporation, owning,

  8  leasing, or otherwise using the same, for any purpose or

  9  activity, and shall include, without limitation, such repairs,

10  replacements, additions, extensions, and betterments to any

11  project as may be deemed necessary or desirable by the board

12  of supervisors to place or to maintain such project in proper

13  condition for the same, efficient, and economic operation

14  thereof.

15         (9)  "Subdivision" means the division of a parcel of

16  land, whether improved or unimproved, into two or more lots or

17  parcels of land for the purpose, whether immediate or future,

18  of transfer of ownership or building development where the

19  subdivider proposes to create a street, right-of-way, or

20  easement that joins or connects to an existing public street

21  for ingress and egress, or to change an existing public

22  street.

23         (10)  "Drainage and reclamation facilities" means any

24  canals, ditches, or other drainage facilities, reservoirs,

25  dams, levees, sluiceways, dredging, holding basins, floodways,

26  pumping stations, or any other works, structures, or

27  facilities for the conservation, control, development,

28  utilization, and disposal of water, and any purposes

29  appurtenant, necessary, or incidental thereto, and includes

30  all real and personal property and any interest therein,

31  rights, easements, and franchises of any nature relating to


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  1  any such drainage and reclamation facilities or necessary or

  2  convenient for the acquisition, construction, reconstruction,

  3  operation, or maintenance thereof.

  4         (11)  References in this act to the boundaries of the

  5  district mean such boundaries as the same may from time to

  6  time be expanded, contracted, or otherwise revised by law or

  7  in any proceedings taken under this act, and any actions that

  8  may be taken by or on behalf of the district under this act

  9  within the limits or boundaries of the district may be taken

10  within such limits or boundaries as expanded, contracted, or

11  otherwise revised.

12         (12)  The term "and" also means "or," and the word "or"

13  also means "and," wherever the context shall so require.

14         (13)  The term "District Director" means the director

15  of the South Broward Drainage District.

16         Section 10.  Board of supervisors; election;

17  organization; terms of office; quorum; report and minutes.--

18         (1)  The board of supervisors of the district shall be

19  the governing body of the district and shall exercise the

20  powers granted to the district under this act and under

21  chapter 298, Florida Statutes. The board shall consist of six

22  members, and, except as otherwise provided herein, each member

23  shall hold office for a term of 4 years and until his or her

24  successor shall be chosen and shall qualify. A majority of the

25  members of the board shall be residents of Broward County. All

26  of the members of the board shall be residents of the State of

27  Florida and shall own land lying within the boundaries of the

28  district.

29         (2)  The persons who are members of the board of

30  supervisors of the district in office when this act takes

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  1  effect shall constitute the members of the board until the

  2  next election for their seats.

  3         (3)  In the month of June of 2000, there shall be held

  4  a meeting of the landowners of South Broward Drainage District

  5  at the office of the district in Broward County, for the

  6  purpose of holding an election to fill the seats of the three

  7  supervisors whose terms expire in June of 2000; and, in the

  8  month of June of each fourth year thereafter, there shall be

  9  held such a meeting to fill the same three seats. In the month

10  of June of 2002, there shall be held a meeting of the

11  landowners of South Broward Drainage District at the office of

12  the district in Broward County for the purpose of holding an

13  election to fill the seats of the three supervisors whose

14  terms expire in June of 2002; and, in the month of June of

15  each fourth year thereafter, there shall be held such a

16  meeting to fill the same three seats. Notice of said

17  landowners' meeting shall be published as provided by section

18  20. The president of the board of supervisors shall conduct

19  the meeting. At such meeting, each landowner shall be entitled

20  to cast one vote for each person to be elected. A landowner

21  may vote in person or by proxy in writing. Each landowner

22  shall be entitled to cast one vote for each acre of land owned

23  by him and located within the district boundaries. Fractions

24  of an acre shall be treated as one acre, entitling the

25  landowner to one vote with respect thereto. The three persons

26  at the respective elections who receive the highest number of

27  votes for the office of supervisor shall be declared elected.

28         (4)  Each supervisor, before entering upon his or her

29  official duties, shall take and subscribe to an oath of office

30  as prescribed in s. 298.13, Florida Statutes.

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  1         (5)  All supervisors shall hold office for the terms

  2  for which they are elected or appointed and until their

  3  successors shall be chosen and qualify. In case of a vacancy

  4  in the office of any supervisor, the remaining supervisor or

  5  supervisors, even though less than a quorum, may fill such

  6  vacancy for the unexpired term of the supervisor who vacated

  7  his or her office.

  8         (6)  As soon as practicable after each election, the

  9  board shall organize by choosing one of their number president

10  of the board and by electing a secretary, who need not be a

11  member of the board.

12         (7)  A majority of the members of the board shall

13  constitute a quorum.

14         (8)  The board shall keep a permanent record book

15  entitled "Record of Proceedings of South Broward Drainage

16  District," in which shall be recorded minutes of all meetings,

17  resolutions, proceedings, certificates, bonds given by all

18  employees, and any and all corporate acts, which book shall at

19  reasonable times be opened to the inspection of any landowner,

20  taxpayer, resident, or bondholder of the district, and such

21  other persons as the board may determine to have a proper

22  interest in the proceedings of the board. Such record book

23  shall be kept at any office or other regular place of business

24  maintained by the board in Broward County.

25         (9)  Whenever any election shall be authorized or

26  required by this act to be held by the landowners at any

27  particular or stated time or day, and if for any reason such

28  election is not held at such time or on such day, then in such

29  event the power or duty to hold such election shall not cease

30  or lapse, but such election shall be held thereafter when

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  1  practicable, and in accordance with the procedures provided by

  2  this act.

  3         Section 11.  Appointment and duties of district

  4  director.--For the purpose of preserving any ditch, road,

  5  drain, dike, levee, or other work constructed or erected under

  6  the provisions of this act or under the provisions of chapter

  7  298, Florida Statutes, and for the taking care and the

  8  operation of the equipment owned by the district and the

  9  maintenance of the canals and other works of the district,

10  including the removal of obstructions from the same, and such

11  other duties as may be prescribed by the board, the board may

12  employ a district director who shall have charge and

13  supervision of the works of the district.

14         Section 12.  Compensation of board.--Each supervisor

15  shall be entitled to receive for his or her services an amount

16  approved by resolution of the board not to exceed $400 per

17  month. In addition, each supervisor shall receive reasonable

18  travel expenses for attending the place of meeting from his or

19  her residence. Unless the board by resolution otherwise

20  provides, such travel expenses shall not be in excess of the

21  amounts provided by law for state and county officials.

22         Section 13.  Powers.--The district shall have, and the

23  board may exercise, any or all the following powers:

24         (1)  To contract and be contracted with; to sue and be

25  sued in the name of the district; to adopt and use a seal; to

26  acquire, by purchase, gift, devise, condemnation, eminent

27  domain, or otherwise, property, real or personal, or any

28  estate therein, within or without the district, to be used for

29  any purpose necessary or to meet the needs of any of the

30  purposes of this act.

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  1         (2)  To establish, construct, operate, and maintain a

  2  system of main and lateral canals, drains, ditches, levees,

  3  dikes, dams, sluices, locks, revetments, reservoirs, holding

  4  basins, floodways, pumping stations, syphons, culverts, and

  5  storm sewers, and to connect some or any of them as within the

  6  judgment of the board is deemed advisable to drain and reclaim

  7  the lands within the district.

  8         (3)  To acquire and maintain appropriate sites for

  9  storage and maintenance of the equipment of the district; and

10  to acquire and maintain and construct a suitable building to

11  house the office and records of the district.

12         (4)  To clean out, straighten, widen, open up, or

13  change the course and flow, alter, or deepen any canal, ditch,

14  drain, river, water course, or natural stream as within the

15  judgment of the board is deemed advisable to drain and reclaim

16  the lands within the district; to acquire, purchase, operate,

17  and maintain pumps, plants, and pumping systems for drainage

18  purposes; and to construct, operate, and maintain irrigation

19  works and machinery in connection with the purposes herein set

20  forth.

21         (5)  To regulate and set forth by appropriate

22  resolution the drainage requirements and conditions to be met

23  for plats to be entitled to record on any land within the

24  district, including authority to require as a condition

25  precedent for any platting, that good and sufficient bond be

26  posted to assure proper drainage for the area to be platted.

27         (6)  To borrow money and issue bonds, certificates,

28  warrants, notes, or other evidences of indebtedness of the

29  district as hereinafter provided.

30         (7)  To build and construct any other works and

31  improvements deemed necessary to preserve and maintain the


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  1  works in or out of the district; to acquire, construct,

  2  operate, maintain, use, sell, convey, transfer, or otherwise

  3  provide for machines and equipment for drainage and

  4  reclamation purposes; and to contract for the purchase,

  5  construction, operation, maintenance, use, sale, conveyance,

  6  and transfer of the said machinery and equipment.

  7         (8)  To construct or enlarge, or cause to be

  8  constructed or enlarged, any and all bridges or culverts that

  9  may be needed in or out of the district, across any drain,

10  ditch, canal, floodway, holding basin, excavation, public

11  highway, railroad right-of-way, tract, grade, fill, or cut; to

12  construct roadways over levees and embankments; to construct

13  any and all of said works and improvements across, through, or

14  over any public highway, railroad right-of-way, track, grade,

15  fill, or cut in or out of the district; and to remove any

16  fence, building, or other improvements, in or out of the

17  district for purposes of drainage and reclamation.

18         (9)  To hold, control, and acquire by donation,

19  purchase, or condemnation, any easement, reservation, or

20  dedication in or out of the district, for any of the purposes

21  herein provided. To condemn or acquire, by purchase or grant

22  or by exercise of the right of eminent domain, for use in the

23  district, any land or property within or without the district

24  and acquire or condemn any other property within or without

25  the district. To exercise the right of eminent domain as

26  provided by chapters 73 and 74, Florida Statutes.

27         (10)  To assess and impose upon all of the lands in the

28  district an annual drainage tax, an administrative tax, and a

29  maintenance tax as hereinafter provided.

30         (11)  To impose and foreclose special assessment liens

31  as hereinafter provided.


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  1         (12)  To prohibit, regulate, and restrict by

  2  appropriate resolution all structures, materials, and things,

  3  whether solid, liquid, or gas, whether permanent or temporary

  4  in nature, which come upon, come into, connect to, or be a

  5  part of any of the main or lateral drains, ditches, canals,

  6  levees, dikes, dams, sluices, revetments, reservoirs, holding

  7  basins, floodways, pumping stations, and syphons which may

  8  have been heretofore created or may hereafter be created or

  9  hereafter constructed.

10         (13)  To administer and provide for the enforcement of

11  all of the provisions herein, including the making, adopting,

12  promulgating, amending, and repealing of all rules and

13  regulations necessary or convenient for the carrying out of

14  the duties, obligations, and powers conferred on the district

15  created herein.

16         (14)  To cooperate with or contract with other drainage

17  districts or other governmental agencies as may be necessary,

18  convenient, incidental, or proper in connection with any of

19  the powers, duties, or purposes of the district as stated in

20  this act.

21         (15)  To employ engineers, attorneys, agents,

22  employees, and representatives as the board of supervisors may

23  from time to time determine necessary and to fix their

24  compensation and duties.

25         (16)  To exercise all of the powers necessary,

26  convenient, incidental, or proper in connection with any of

27  the powers, duties, or purposes of said district as stated in

28  this act.

29         (17)  To construct, improve, and maintain roadways and

30  roads necessary and convenient to provide access to and

31  efficient development of areas made suitable and available for


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  1  cultivation, settlement, urban subdivision, homesites, and

  2  other beneficial developments as a result of the drainage

  3  operations of the district.

  4         (18)  To make use of any dedication to public use or

  5  platted reservations within the boundaries of the district.

  6         (19)  To exercise any and all other powers conferred

  7  upon drainage districts by chapter 298, Florida Statutes,

  8  including, but not limited to, the power to acquire and

  9  construct drainage improvements, to issue bonds to pay the

10  cost thereof, and to levy and collect drainage taxes upon

11  lands benefited by the improvements.

12         Section 14.  Treasurer; depositories; fiscal agent.--

13         (1)  The board shall designate a person who is a

14  resident of the state, or a bank or trust company organized

15  under the laws of the state, as treasurer of the district, who

16  shall have charge of the funds of the district. Such funds

17  shall be disbursed only upon the order of or pursuant to the

18  resolution of the board by warrant or check signed by the

19  treasurer, or by such other person as may be authorized by the

20  board. The treasurer may hold any other office provided for in

21  this act, except that the same person may not be president and

22  treasurer. The board may give the treasurer such other or

23  additional powers and duties as the board may deem

24  appropriate, and fix his or her compensation; and may require

25  the treasurer to give a bond in such amount, on such terms,

26  and with such sureties as may be deemed satisfactory to the

27  board to secure the performance by the treasurer of his or her

28  powers and duties. The board shall audit or have audited the

29  books of the treasurer at least once a year.

30         (2)  The board is authorized to select as depositories

31  in which the funds of the board and of the district shall be


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  1  deposited any banking corporation organized under the laws of

  2  the state or under the national banking act, doing business in

  3  the state, upon such terms and conditions as to the payment of

  4  interest by such depository upon the funds so deposited as the

  5  board may deem just and reasonable.

  6         (3)  The board may employ a fiscal agent, who shall be

  7  either a resident of the state or a corporation organized

  8  under the laws of this or any other state and authorized by

  9  such laws to act as such fiscal agent for municipal

10  corporations in the state and who shall assist in the keeping

11  of the tax books, the collection of taxes, and the remitting

12  of funds to pay maturing bonds and coupons, and perform such

13  other or additional services and duties as fiscal agent and

14  receive such compensation as the board may determine.

15         Section 15.  Authority for the establishment of

16  district projects.--The board shall have exclusive

17  jurisdiction and control over all of the district, including,

18  but not limited to, all drainage and reclamation facilities,

19  except to the extent otherwise provided in this act and except

20  to the extent that the board may by agreement with any other

21  public or private body authorize the same to exercise

22  jurisdiction or control over any of the projects of the

23  district. It shall not be necessary for the district to obtain

24  any license, permit, or other authorization from any board,

25  commission, or like instrumentality of Broward County or any

26  political subdivision therein in order to construct,

27  reconstruct, acquire, extend, repair, improve, maintain, or

28  operate any project.

29         Section 16.  Exercise by district of its powers within

30  municipalities.--Except as otherwise provided in this act, the

31  district shall have the power to exercise any of its rights,


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  1  powers, privileges, and authorities in any and all portions of

  2  the district lying within the boundaries of the City of

  3  Hollywood, the City of Pembroke Pines, the City of Miramar,

  4  and any other municipal corporation or other political

  5  subdivision, heretofore or hereafter created or organized,

  6  whose boundaries lie wholly or partly within the geographical

  7  limits of the district, to the same extent and in the same

  8  manner as in areas of the district now incorporated as part of

  9  a municipality.

10         Section 17.  Seal.--The official seal of the South

11  Broward Drainage District hereby established shall bear the

12  legend "South Broward Drainage District, Broward County,

13  Florida, Seal, Established 1967."

14         Section 18.  Fiscal year.--The board of supervisors, by

15  resolution, shall establish the fiscal year for the district.

16         Section 19. Annual budget.--Prior to the end of each

17  fiscal year after this act is effective, the secretary or

18  director of the district shall prepare a proposed budget to be

19  submitted to the board for approval. The proposed budget shall

20  include an estimate of all necessary expenditures of the

21  district for the next ensuing fiscal year and an estimate of

22  income to the district from the taxes and assessments provided

23  in this act. The board shall consider the proposed budget item

24  by item and may either approve the budget as proposed by the

25  secretary or director or modify the same in part or in whole.

26  The board shall indicate their approval of the budget by

27  resolution, which resolution shall provide for a hearing on

28  the budget as approved. Notice of the hearing on the budget

29  shall be published in a newspaper of general circulation in

30  Broward County once a week for 2 consecutive weeks, provided

31  that the second publication shall not be less than 7 days


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  1  after the first publication. The notice shall be directed to

  2  all landowners in the district and shall state the purpose of

  3  the meeting. The notice shall further contain a designation of

  4  the date, time, and place of the public hearing, which shall

  5  be not less than 7 days after the second publication. At the

  6  time and place designated in the notice, the board shall hear

  7  all objections to the budget as proposed, and make such

  8  changes as the board deems necessary. At the conclusion of the

  9  budget hearing the board shall, by resolution, adopt the

10  budget as finally approved by the board.

11         Section 20.  Notice and call of meetings of landowners;

12  quorum; adjournments; representation at meetings; taking

13  action without meeting.--

14         (1)  The board shall publish notice of all meetings of

15  landowners once a week for 2 consecutive weeks prior to such

16  meeting in a newspaper of general circulation in Broward

17  County. Meetings of landowners shall be held in a public

18  place, or any other place made available for the purpose of

19  such meeting, in Broward County, and the place, date, and hour

20  of holding such meeting and the purpose thereof shall be

21  stated in the notice. Those landowners present in person or by

22  proxy shall constitute a quorum at any meeting of the

23  landowners.

24         (2)  The board may call special meetings of the

25  landowners at any time to receive reports of the board or for

26  such other purpose as the board may determine. A special

27  meeting of the landowners may also be called at any time upon

28  notice as provided in this section at the written request of

29  the owners of not less than 25 percent in acreage of the land

30  within the district for the purpose of taking any lawful

31  action by the landowners of the district. Such special meeting


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  1  shall be called by any court of competent jurisdiction in the

  2  event that the board fails to do so upon request as provided

  3  in this section. Except as otherwise provided in section 10

  4  with respect to the election of supervisors, action taken at a

  5  meeting of the landowners shall be by affirmative vote of the

  6  owners of a majority of the acreage represented at such

  7  meeting.

  8         (3)  At any meeting of the landowners, guardians may

  9  represent their wards; executors and administrators may

10  represent the estate of deceased persons; trustees may

11  represent lands held by them in trust; and private

12  corporations may be represented by their duly authorized

13  proxy. All landowners, including guardians, executors,

14  administrators, trustees, and corporations, may be represented

15  and vote by proxy.

16         (4)  Any action required or that may be taken at a

17  meeting of the landowners may be taken without a meeting or

18  notice of meeting being given upon the written consent of all

19  of the landowners.

20         Section 21.  Plan of reclamation; proceedings

21  thereon.--The district's plan for the drainage and reclamation

22  of lands which is in effect prior to the effective date of

23  this act shall remain in full force and effect after the

24  effective date of this act.

25         Section 22.  Adoption, revision, and revocation of plan

26  of reclamation.--In addition to and not in limitation of its

27  power to provide for and adopt a plan of reclamation provided

28  in section 21 and under chapter 298, Florida Statutes, and

29  amendments thereto, the board may at any time and from time to

30  time adopt, revoke, or modify in whole or in part, any plan of

31  reclamation or any plan providing for the drainage of lands


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  1  within the district, and may provide for such new and

  2  additional drainage facilities, canals, ditches, levees, and

  3  other works as the board may determine. In connection with the

  4  revision of any plan of reclamation or the providing of any

  5  new or additional drainage facilities, canals, ditches,

  6  levees, or other works, or in the event that the total taxes

  7  and assessments theretofore levied or the funds derived from

  8  the sale of bonds are insufficient to pay the cost of any

  9  drainage works, benefits may be reassessed, additional

10  assessments made, and taxes levied in accordance with the

11  procedures provided in this act or in chapter 298, Florida

12  Statutes. The board may at any time approve and make effective

13  technical changes or modifications in any plan of reclamation

14  or drainage not affecting assessed benefits, levy of taxes, or

15  the security of bondholders.

16         Section 23.  Assessing land for reclamation;

17  apportionment of tax; drainage tax record.--The board shall,

18  without any unnecessary delay, levy a tax of such portion of

19  benefits of the district's plan of reclamation on all lands in

20  the district to which benefits have been assessed, as may be

21  found necessary by the board of supervisors to pay the costs

22  of the completion of the proposed works and improvements, as

23  shown in said plan of reclamation and in carrying out the

24  objects of said district; and, in addition thereto, 10 percent

25  of said total amount for emergencies. The said tax shall be

26  apportioned to, and levied on, each tract of land in said

27  district in proportion to the benefits assessed, and not in

28  excess thereof; and, in case bonds are issued, as provided in

29  this act, a tax shall be levied in a sum not less than an

30  amount 90 percent of which shall be equal to the principal of

31  said bonds. The amount of bonds to be issued for paying the


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  1  cost of the works as set forth in the plan of reclamation

  2  shall be ascertained and determined by the board; however, the

  3  total amount of all bonds to be issued by the district shall

  4  in no case exceed 90 percent of the benefits assessed upon the

  5  lands of the district. The amount of the interest, as

  6  estimated by said board, which will accrue on such bonds,

  7  shall be included and added to the said tax, but the interest

  8  to accrue on account of the issuing of said bonds shall not be

  9  construed as a part of the costs of construction in

10  determining whether or not the expenses and costs of making

11  said improvements are equal to, or in excess of, the benefits

12  assessed. The secretary of the board of supervisors or the

13  director, as soon as said total tax is levied, shall, at the

14  expense of the district, prepare a list of all taxes levied,

15  in the form of a well bound book, which book shall be endorsed

16  and named "DRAINAGE TAX RECORD OF SOUTH BROWARD DRAINAGE

17  DISTRICT, BROWARD COUNTY, FLORIDA," which endorsement shall be

18  printed or written at the top of each page in said book, and

19  shall be signed and certified by the president and secretary

20  of the board, attested by the seal of the district, and the

21  same shall thereafter become a permanent record in the office

22  of said secretary or director. In the alternative, so long as

23  the Broward County property appraiser or revenue collector

24  assesses and collects the taxes and assessments authorized by

25  this section, the records of the Broward County property

26  appraiser shall satisfy the requirements of the drainage tax

27  record of the district.

28         Section 24.  Prepayment of taxes or assessments.--The

29  board may provide that any tax or assessment may be paid at

30  any time before due, together with interest accrued thereon to

31  the date of prepayment and any prepayment premiums or


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  1  penalties, if such prior payment shall be permitted by the

  2  proceedings authorizing any bonds or other obligations for the

  3  payment of which special assessments have been pledged or

  4  taxes levied.

  5         Section 25.  Tax liens.--All taxes of the district

  6  provided for in this act or chapter 298, Florida Statutes,

  7  together with all penalties for default in the payment of the

  8  same and all costs in collecting the same including a

  9  reasonable attorney's fee fixed by the court and taxed as cost

10  in the action brought to enforce payment, shall, from January

11  1 for each year the property is liable to assessment and until

12  paid, constitute a lien of equal dignity with the liens for

13  state and county taxes and other taxes of equal dignity with

14  state and county taxes upon all the lands against which such

15  taxes shall be levied. A sale of any of the real property

16  within the district for state and county or other taxes shall

17  not operate to relieve or release the property so sold from

18  the lien for subsequent district taxes or installments of

19  district taxes which lien may be enforced against such

20  property as though no such sale thereof had been made. The

21  provisions of s. 194.171, Florida Statutes, and amendments

22  thereto, shall be applicable to district taxes with the same

23  force and effect as if said provisions were expressly set

24  forth in this act.

25         Section 26.  Issuance of bond anticipation notes.--In

26  addition to the other powers provided for in this act and not

27  in limitation thereof, the district shall have the power, at

28  any time and from time to time after the issuance of any bonds

29  of the district shall have been authorized, to borrow money

30  for the purposes for which such bonds are to be issued in

31  anticipation of the receipt of the proceeds of the sale of


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  1  such bonds and to issue bond anticipation notes in a principal

  2  sum not in excess of the authorized maximum amount of such

  3  bond issue. Such notes shall be in denomination or

  4  denominations, bear interest as provided by section 31, mature

  5  at such time or times not later than 5 years from the date of

  6  issuance, be renewable for an additional term or terms in the

  7  aggregate not in excess of 5 years from the date of first

  8  renewal, and be in such form and executed in such manner as

  9  the board shall prescribe. Such notes may be sold at either

10  public or private sale, or, if such notes shall be renewal

11  notes, may be exchanged for notes then outstanding on such

12  terms as the board shall determine. Such notes shall be paid

13  from the proceeds of such bonds when issued. The board may in

14  its discretion, in lieu of retiring the notes by means of

15  bonds, retire them by means of current revenues or from any

16  taxes or assessments levied for the payment of such bonds, but

17  in such event a like amount of the bonds authorized shall not

18  be issued.

19         Section 27.  Short term borrowing.--The district, at

20  any time, may obtain loans, in such amount and on such terms

21  and conditions as the board may approve, for the purpose of

22  paying any of the expenses of the district or any costs

23  incurred or that may be incurred in connection with any of the

24  projects of the district, which loans shall have a term not

25  exceeding 2 years from the date of issuance thereof, and may

26  be renewable for a like term or terms, shall bear interest as

27  provided by section 31, and may be payable from and secured by

28  a pledge of such funds, revenues, taxes, and assessments as

29  the board may determine. For the purpose of defraying such

30  costs and expenses, the district may issue negotiable notes,

31  warrants, or other evidences of debt signed on behalf of the


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  1  district by any member of the board duly authorized by the

  2  board, such notes or other evidences of indebtedness to be

  3  payable at such times, to bear interest as provided by section

  4  31, and to be sold or discounted at such price or prices and

  5  on such terms as the board may deem advisable. The board shall

  6  have the right to provide for the payment thereof by pledging

  7  the whole or any part of the funds, revenues, taxes, and

  8  assessments of the district. The approval of the qualified

  9  electors who are freeholders residing in the district shall

10  not be necessary except where required by the constitution.

11         Section 28.  Trust agreements.--In the discretion of

12  the board, any issue of bonds may be secured by a trust

13  agreement by and between the district and a corporate trustee

14  or trustees, which may be any trust company or bank having the

15  powers of a trust company within or without the state. The

16  resolution authorizing the issuance of the bonds or such trust

17  agreement may pledge the revenues to be received from any

18  projects of the district and may contain such provisions for

19  protecting and enforcing the rights and remedies of the

20  bondholders as the board may approve, including, without

21  limitation, covenants setting forth the duties of the district

22  in relation to the acquisition, construction, reconstruction,

23  improvement, maintenance, repair, operation, and insurance of

24  any projects, the fixing and revising of the rates, fees,

25  tolls, fares, and charges, and the custody, safeguarding, and

26  application of all moneys, and for the employment of

27  consulting engineers in connection with such acquisition,

28  construction, reconstruction, improvement, maintenance,

29  repair, or operation. It shall be lawful for any bank or trust

30  company incorporated under the laws of the state which may act

31  as a depository of the proceeds of bonds or of revenues to


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  1  furnish such indemnifying bonds or to pledge such securities

  2  as may be required by the district. Such resolution or trust

  3  agreement may set forth the rights and remedies of the

  4  bondholders and of the trustee, if any, and may restrict the

  5  individual right of action by bondholders. The board may

  6  provide for the payment of the proceeds of the sale of the

  7  bonds and the revenues of any project to such officer, board,

  8  or depository as it may designate for the custody thereof, and

  9  for the method of disbursement thereof with such safeguards

10  and restrictions as it may determine. All expenses incurred in

11  carrying out the provisions of such resolution or trust

12  agreement may be treated as part of the cost of operation of

13  the project to which such trust agreement pertains.

14         Section 29.  Sale of bonds.--Bonds may be sold in

15  blocks or installments at different times, or an entire issue

16  or series may be sold at one time. Bonds may be sold at public

17  or private sale after such advertisement, if any, as the board

18  may deem advisable but not in any event at less than 95

19  percent of the par value thereof, together with accrued

20  interest thereon. Bonds may be sold or exchanged for refunding

21  bonds. Special assessment and revenue bonds may be delivered

22  as payment by the district of the purchase price or lease of

23  any project or part thereof, or a combination of projects or

24  parts thereof, or as the purchase price or exchanged for any

25  property, real, personal, or mixed, including franchises, or

26  services rendered by any contractor, engineer, or other

27  person, all at one time or in blocks from time to time, in

28  such manner and upon such terms as the board in its discretion

29  shall determine. The price or prices for any bonds sold,

30  exchanged, or delivered may be:

31         (1)  The money paid for the bonds;


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  1         (2)  The principal amount, plus accrued interest to the

  2  date of redemption or exchange, of outstanding obligations

  3  exchanged for refunding bonds;

  4         (3)  In the case of special assessment or revenue

  5  bonds, the amount of any indebtedness to contractors or other

  6  persons paid with such bonds; or

  7         (4)  The fair value of any properties exchanged for the

  8  bonds, as determined by the board.

  9         Section 30.  Authorization and form of bonds.--Bonds

10  may be authorized by resolution or resolutions of the board

11  which shall be adopted by a majority of all of the members

12  thereof then in office. Such resolution or resolutions may be

13  adopted at the same meeting at which they are introduced, and

14  need not be published or posted. The board may by resolution

15  authorize the issuance of bonds and fix the aggregate amount

16  of bonds to be issued, the purpose or purposes for which the

17  moneys derived therefrom shall be expended, the rate or rates

18  of interest as provided by section 31, the denomination of the

19  bonds, whether or not the bonds are to be issued in one or

20  more series, the date or dates of maturity, which shall not

21  exceed 40 years from their respective dates of issuance, the

22  medium of payment, the place or places within or without the

23  state where payment shall be made, registration privileges,

24  redemption terms and privileges (whether with or without

25  premium), the manner of execution, the form of the bonds

26  including any interest coupons to be attached thereto, the

27  manner of execution of bonds and coupons, and any and all

28  other terms, covenants, and conditions, thereof, and the

29  establishment of revenue or other funds. Such authorizing

30  resolution may further provide that such bonds may be executed

31  manually or by engraved, lithographed, or facsimile signature,


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  1  provided that where signatures are engraved, lithographed, or

  2  reproduced in facsimile no bond shall be valid unless

  3  countersigned by a registrar or other officer designated by

  4  appropriate resolution of the board. The seal of the district

  5  may be affixed, lithographed, engraved, or otherwise

  6  reproduced in facsimile on such bonds. In case any officer

  7  whose signature or a facsimile of whose signature shall appear

  8  on any bonds or coupons shall cease to be such officer before

  9  the delivery of such bonds, such signature or facsimile shall

10  nevertheless be valid and sufficient for all purposes the same

11  as if he or she had remained in office until such delivery.

12         Section 31.  Maximum allowable interest on district

13  bonds, assessments, and obligations.--Anything in this act or

14  the laws of the state to the contrary notwithstanding, the

15  maximum allowable interest rate on any bonds, assessments, or

16  obligations of the district that may be issued by or to the

17  district shall be 18 percent or the maximum amount or rate

18  permitted under such general law, whichever is lower.

19         Section 32.  Interim certificates; replacement

20  certificates.--Pending the preparation of definitive bonds,

21  the board may issue interim certificates or receipts or

22  temporary bonds, in such form and with such provisions as the

23  board may determine, exchangeable for definitive bonds when

24  such bonds shall have been executed and are available for

25  delivery. The board may also provide for the replacement of

26  any bonds which shall become mutilated or be lost or

27  destroyed.

28         Section 33.  Negotiability of bonds.--Any bond issued

29  under this act and any interim certificate, receipt, or

30  temporary bond shall, in the absence of an express recital on

31  the face thereof that it is nonnegotiable, be fully negotiable


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  1  and shall be and constitute negotiable instruments within the

  2  meaning and for all purposes of the law merchant and the laws

  3  of the state.

  4         Section 34.  Defeasance.--The board may make such

  5  provision with respect to the defeasance of the right, title,

  6  and interest of the holders of any of the bonds and

  7  obligations of the district in any revenues, funds, or other

  8  properties by which such bonds are secured as the board deems

  9  appropriate and, without limitation on the foregoing, may

10  provide that when such bonds or obligations become due and

11  payable or shall have been called for redemption, and the

12  whole amount of the principal and the interest and premium, if

13  any, due and payable upon the bonds or obligations then

14  outstanding shall be paid, or sufficient moneys or direct

15  obligations of the United States Government the principal of

16  and the interest on which when due will provide sufficient

17  moneys, shall be held or deposited in trust for such purpose,

18  and provision shall also be made for paying all other sums

19  payable in connection with such bonds or other obligations,

20  then and in such event the right, title, and interest of the

21  holders of the bonds in any revenues, funds, or other

22  properties by which such bonds are secured shall thereupon

23  cease and become void, and the board may apply any surplus in

24  any sinking fund established in connection with such bonds or

25  obligations and all balances remaining in all other funds or

26  accounts other than money held for the redemption or payment

27  of the bonds or other obligations to any lawful purpose of the

28  district as the board shall determine.

29         Section 35.  Bonds as legal investment or

30  security.--Notwithstanding any provisions of any other law to

31  the contrary, all bonds issued under the provisions of this


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  1  act shall constitute legal investments for savings banks,

  2  banks, trust companies, insurance companies, executors,

  3  administrators, trustees, guardians, and other fiduciaries,

  4  and for any board, body, agency, instrumentality, county,

  5  municipality, or other political subdivision of the state, and

  6  shall be and constitute securities which may be deposited by

  7  banks or trust companies as security for deposits of state,

  8  county, municipal, or other public funds, or by insurance

  9  companies as required or voluntary statutory deposits.

10         Section 36.  Covenants.--Any resolution authorizing the

11  issuance of bonds may contain such covenants as the board may

12  deem advisable and all such covenants shall constitute valid

13  and legally binding and enforceable contracts between the

14  district and the bondholders, regardless of the time of

15  issuance thereof. Such covenants may include, without

16  limitation, covenants concerning the disposition of the bond

17  proceeds, the use and disposition of project revenues, the

18  pledging of revenues, taxes, and assessments, the obligations

19  of the district with respect to the operation of the project

20  and the maintenance of adequate project revenues, the issuance

21  of additional bonds, the appointment, powers, and duties of

22  trustees and receivers, the acquisition of outstanding bonds

23  and obligations, restrictions on the establishing of competing

24  projects or facilities, restrictions on the sale or disposal

25  of the assets and property of the district, the priority of

26  assessment liens, the priority of claims by bondholders on the

27  taxing power of the district, the maintenance of deposits to

28  assure the payment of revenues by users of district facilities

29  and services, the discontinuance of district services by

30  reason of delinquent payments, acceleration upon default, the

31  execution of necessary instruments, the procedure for amending


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  1  or abrogating covenants with the bondholders, and such other

  2  covenants as may be deemed necessary or desirable for the

  3  security of the bondholders.

  4         Section 37.  Validity of bonds; validation

  5  proceedings.--

  6         (1)  Any bonds issued by the district shall be

  7  incontestable in the hands of bona fide purchasers or holders

  8  for value and shall not be invalid because of any irregularity

  9  or defects in the proceedings for the issue and sale thereof.

10  Prior to the issuance of any bonds, the district may, but is

11  not required to, publish a notice at least once in a newspaper

12  or newspapers published and of general circulation in Broward

13  County, stating the date of adoption of the resolution

14  authorizing such obligations, the amount, the maximum rate of

15  interest, and maturity of such obligations, and the purpose in

16  general terms for which such obligations are to be issued, and

17  further stating that any action or proceeding questioning the

18  validity of such obligations or of the proceedings authorizing

19  the issuance thereof, or of any covenants made therein, must

20  be instituted within 20 days after the first publication of

21  such notice, or the validity of such obligations, proceedings,

22  and covenants shall not be thereafter questioned in any court

23  whatsoever. If no such action or proceeding is so instituted

24  within such 20-day period, then the validity of such

25  obligations, proceedings, and covenants shall be conclusive,

26  and all persons or parties whatsoever shall be forever barred

27  from questioning the validity of such obligations,

28  proceedings, or covenants in any court whatsoever.

29         (2)  The power of the district to issue bonds under the

30  provisions of this act may be determined and any of the bonds

31  of the district may be validated and confirmed by circuit


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  1  court decree, under the provisions of chapter 75, Florida

  2  Statutes, and laws amendatory thereof or supplementary

  3  thereto.

  4         Section 38.  Authority for issuance of bonds.--This act

  5  constitutes full and complete authority for the issuance of

  6  bonds and the exercise of the powers of the district provided

  7  herein. No procedures or proceedings, publications, notices,

  8  consents, approvals, orders, acts, or things by the board, or

  9  any board, officers, commission, department, agency, or

10  instrumentality of the district, other than those required by

11  this act, shall be required to issue any bonds or to do any

12  act or perform anything under this act, and the issuance or

13  sale of bonds pursuant to the provisions of this act need not

14  comply with the requirements of any other law applicable to

15  the issuance or sale of bonds, except as otherwise provided in

16  this act, and shall not require the consent or approval of any

17  board, officers, commission, department, agency, or

18  instrumentality of the state or any political subdivision

19  thereof. Except as otherwise provided herein, no proceedings

20  or procedures of any character whatever shall be necessary or

21  required for the issuance of bonds other than the adoption of

22  an appropriate resolution by the board as provided in this act

23  with respect to the issuance of the same. The powers conferred

24  by this act on the district with respect to the issuance and

25  sale of bonds shall be in addition and supplemental to the

26  powers conferred by any other law.

27         Section 39.  Pledge by the state to the bondholders of

28  the district and to the Federal Government.--The state pledges

29  to the holders of any bonds issued under this act that it will

30  not limit or alter the rights of the district to own, acquire,

31  construct, reconstruct, improve, maintain, operate, or furnish


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  1  the projects or to levy and collect the taxes, assessments,

  2  rentals, rates, fees, tolls, fares, and other charges provided

  3  for herein and to fulfill the terms of any agreement made with

  4  the holders of such bonds or other obligations, that it will

  5  not in any way impair the rights or remedies of the holders,

  6  and that it will not modify in any way the exemption from

  7  taxation provided in the act, until all such bonds together

  8  with interest thereon, and all costs and expenses in

  9  connection with any action or proceeding by or on behalf of

10  such holders, are fully met and discharged. The state pledges

11  to and agrees with the Federal Government that in the event

12  the Federal Government or any agency or authority thereof

13  shall construct or contribute any funds, materials, or

14  property for the construction, acquisition, extension,

15  improvement, enlargement, maintenance, operation, or

16  furnishing of any of the projects of the district, or any part

17  thereof, the state will not alter or limit the rights and

18  powers of the district in any manner which would be

19  inconsistent with the continued maintenance and operation of

20  such project, or any part thereof, or the improvement thereof,

21  or which would be inconsistent with the due performance of any

22  agreements between the district and the Federal Government,

23  and the district shall continue to have and may exercise all

24  powers herein granted so long as the board of supervisors may

25  deem the same necessary or desirable for the carrying out of

26  the purposes of this act and the purposes of the Federal

27  Government in the construction, acquisition, extension,

28  improvement, enlargement, maintenance, operation, or

29  furnishing of any of the projects of the district, or any part

30  thereof.

31         Section 40.  Annual installment taxes.--


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  1         (1)  The board shall annually determine, order, and

  2  levy the annual installment of the total taxes which are

  3  levied under section 23 or under s. 298.36, Florida Statutes,

  4  which shall be due and be collected during each year that

  5  county taxes are due and collected and said annual installment

  6  and levy shall be evidenced to and certified by the board of

  7  supervisors each year to the Broward County Property

  8  Appraiser. Said tax shall be entered by the county property

  9  appraiser on the county tax rolls and shall be collected by

10  the Broward County revenue collector in the same manner and

11  same time as county taxes and the proceeds thereof paid to the

12  district. The tax shall be a lien until paid on the property

13  against which assessed and enforceable in like manner as

14  county taxes.

15         (2)  In the alternative, the board may by resolution

16  determine the amount of taxes as provided by s. 298.365,

17  Florida Statutes, and thereafter the annual installments shall

18  be levied, collected, and enforced as provided in chapter 298,

19  Florida Statutes.

20         Section 41.  Operation and administrative tax.--To

21  carry on the business of the district and to pay the

22  administrative and operational costs thereof and in addition

23  to any other tax or assessment authorized to be levied, the

24  district is authorized to levy a tax on all the lands within

25  the district as determined by the board for said purpose.

26         Section 42.  Maintenance tax.--To maintain and preserve

27  the drainage improvements of the district, a maintenance tax

28  shall be evidenced to and certified by the board of

29  supervisors each year to the property appraiser and shall be

30  entered by the property appraiser on the county tax rolls and

31  shall be collected by the revenue collector in the same manner


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  1  and time as county taxes and the proceeds therefrom paid to

  2  the district. The tax shall be a lien until paid on the

  3  property against which assessed and enforceable in like manner

  4  as county taxes. The amount of said maintenance tax shall be

  5  determined by the board based upon a report of the chief

  6  engineer or director and assessed by the board upon such

  7  lands, which may be all of the lands within the district,

  8  benefited by the maintenance thereof.

  9         Section 43.  Enforcement of taxes.--

10         (1)  The collection and enforcement of all taxes levied

11  by the district shall be at the same time and in like manner

12  as county taxes and the provisions of the Florida Statutes

13  relating to the sale of lands for unpaid and delinquent county

14  taxes, the issuance, sale, and delivery of tax certificates

15  for such unpaid and delinquent county taxes, the redemption

16  thereof, the issuance to individuals of tax deeds based

17  thereon, and all other procedures in connection therewith

18  shall be applicable to the district to the same extent as if

19  said statutory provisions were expressly set forth herein. All

20  taxes shall be subject to the same discounts as county taxes.

21         (2)  The provisions of subsection (1) shall not be

22  applicable if the board has determined to levy and collect

23  taxes under section 40(2).

24         Section 44.  When unpaid tax is delinquent; penalty.--

25         (1)  All taxes provided for in this act shall become

26  delinquent and bear penalties on the amount of said taxes in

27  the same manner as county taxes.

28         (2)  The provisions of subsection (1) shall not be

29  applicable if the board has determined to levy and collect

30  taxes under section 40(2).

31


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  1         Section 45.  Special assessments.--The board may

  2  provide for the construction or reconstruction of assessable

  3  improvements as defined in section 9, and for the levying of

  4  special assessments upon benefited property for the payment

  5  thereof, under provisions of this section. Such special

  6  assessments may be levied and assessed in either of the

  7  alternate methods provided in subsections (2) and (3), and

  8  except for such procedure, all the other provisions of this

  9  section and this act shall apply to levy of such special

10  assessments under either subsection (2) or subsection (3).

11         (1)  The initial proceeding under subsection (2) or

12  subsection (3) shall be the passage by the board of a

13  resolution ordering the construction or reconstruction of such

14  assessable improvements, indicating the location by terminal

15  points and routes and either giving a description of the

16  improvements by its material, nature, character, and size or

17  giving two or more descriptions with the directions that the

18  material, nature, character, and size shall be subsequently

19  determined in conformity with one of such descriptions.

20  Drainage improvements need not be continuous and may be in

21  more than one locality. The resolution ordering any such

22  improvement may give any short and convenient designation to

23  each improvement ordered thereby, and the property against

24  which assessments are to be made for the cost of such

25  improvement may give any short and convenient designation to

26  each improvement ordered thereby, and the property against

27  which assessments are to be made for the cost of such

28  improvement may be designated as an assessment district,

29  followed by a letter or number or name to distinguish it from

30  other assessment districts, after which it shall be sufficient

31  to refer to such improvement and property by such designation


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  1  in all proceedings and assessments, except in the notices

  2  required by this section. As soon as possible after the

  3  passage of such resolution, the engineer for the district

  4  shall prepare, in duplicate, plans and specifications for each

  5  improvement ordered thereby and an estimate of the cost

  6  thereof. Such cost shall include, in addition to the items of

  7  cost as defined in this act, the cost of relaying streets and

  8  sidewalks necessarily torn up or damaged and the following

  9  items of incidental expenses:

10         (a)  Printing and publishing notices and proceedings.

11         (b)  Costs of abstracts of title.

12         (c)  Any other expense necessary or proper in

13  conducting the proceedings and work provided for in this

14  section, including the estimated amount of discount, if any,

15  financial expenses upon the sale of assessment bonds or any

16  other obligations issued hereunder for which such special

17  assessment bonds or any other obligations issued hereunder for

18  which such special assessments are to be pledged, and interest

19  prior to and until not more than 2 years after the completion

20  of said assessable improvements. If the resolution shall

21  provide alternative descriptions of material, nature,

22  character, and size, such estimate shall include an estimate

23  of the cost of the improvement of each such description.

24

25  The district engineer shall next prepare, in duplicate, a

26  tentative apportionment of the estimated total cost of the

27  improvement as between the district and each lot or parcel of

28  land subject to special assessment under the resolution, such

29  apportionment to be made in accordance with the provisions of

30  the resolution and in relation to apportionment of cost

31  provided herein for the preliminary assessment roll. Such


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  1  tentative apportionment of total estimated cost shall not be

  2  held to limit or restrict the duties of the engineer in the

  3  preparation of such preliminary assessment roll under

  4  subsection (2). One of the duplicates of such plans,

  5  specifications, and estimates and such tentative apportionment

  6  shall be filed with the secretary of the board and the other

  7  duplicate shall be retained by the engineer in his or her

  8  files, all thereof to remain open to public inspection.

  9         (2)(a)  If the special assessments are to be levied

10  under this subsection, the secretary of the board, upon the

11  filing with the secretary of such plans, specifications,

12  estimates, and tentative apportionment of cost, shall publish

13  once in a newspaper published in the county where the

14  benefited land is located and of general circulation in the

15  county, a notice stating that at a meeting of the board on a

16  certain day and hour, not earlier than 15 days from such

17  publication, the board will hear objections of all interested

18  persons to the confirmation of such resolution, which notice

19  shall state in brief and general terms a description of the

20  proposed assessable improvements with the location thereof,

21  and shall also state that plans, specifications, estimates,

22  and tentative apportionment of cost thereof are on file with

23  the secretary of the board. A copy of the notice shall be

24  mailed to the landowners of the land to be benefited by

25  construction of the assessable improvement. The landowners

26  shall be determined by reference to the last available tax

27  roll of Broward County. The secretary of the board shall keep

28  a record in which shall be inscribed, at the request of any

29  person, firm, or corporation having or claiming to have any

30  interest in any lot or parcel of land, the name and post

31  office address of such person, firm, or corporation, together


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  1  with a brief description or designation of such lot or parcel,

  2  and it shall be the duty of the secretary of the board to mail

  3  a copy of such notice to such person, firm, or corporation at

  4  such address at least 10 days before the time for the hearing

  5  as stated in such notice, but the failure of the secretary of

  6  the board to keep such record or so to inscribe any name or

  7  address or to mail any such notice shall not constitute a

  8  valid objection to holding the hearing as provided in this

  9  section or to any other action taken under the authority of

10  this section.

11         (b)  At the time named in such notice, or to which an

12  adjournment may be taken by the board, the board shall receive

13  any objections of interested persons and may then or

14  thereafter repeal or confirm such resolution with such

15  amendments, if any, as may be desired by the board and which

16  do not cause any additional property to be specially assessed.

17         (c)  All objections to any such resolution on the

18  ground that it contains items which cannot be properly

19  assessed against property, or that it is, for any default or

20  defect in the passage or character of the resolution or the

21  plans or specifications or estimate, void or voidable in whole

22  or in part, or that it exceeds the power of the board, shall

23  be made in writing, in person or by attorney, and filed with

24  the secretary of the board at or before the time or adjourned

25  time of such hearing. Any objections against the making of any

26  assessable improvements not so made shall be considered as

27  waived, and, if any objections shall be made and overruled or

28  shall not be sustained, the confirmation of the resolution

29  shall be the final adjudication of the issue presented unless

30  proper steps shall be taken in a court of competent

31  jurisdiction to secure relief within 20 days.


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  1         (d)  Whenever any resolution providing for the

  2  construction or reconstruction of assessable improvements and

  3  for the levying of special assessments upon benefited property

  4  for the payment thereof has been confirmed, and the special

  5  assessments are levied under this subsection, or at any time

  6  thereafter, the board may issue assessment bonds payable out

  7  of such assessments when collected. Such bonds shall mature

  8  not later than 2 years after the maturity of the last annual

  9  installment in which the special assessments may be paid, as

10  provided in subsection (4), and shall bear interest as

11  provided by section 31. Such assessment bonds shall be

12  executed, shall have such provisions for redemption prior to

13  maturity, and shall be sold in the manner and be subject to

14  all of the applicable provisions contained in this act

15  applicable to other bonds, except as the same are inconsistent

16  with the provisions of this section. The amount of such

17  assessment bonds for any assessable improvement, prior to the

18  confirmation of the preliminary assessment roll provided for

19  in this subsection shall not exceed the estimated amount of

20  the cost of such assessable improvements which are to be

21  specially assessed against the lands and real estate referred

22  to in this section.

23         (e)  After the passage of the resolution authorizing

24  the construction or reconstruction of assessable improvements

25  has been confirmed where special assessments are levied under

26  this subsection or after the final confirmation of the

27  assessment roll where such assessments are levied under

28  subsection (3), the board may publish at least once in a

29  newspaper published and of general circulation in the county

30  where the benefited land is located, a notice calling for

31  sealed bids to be received by the board on a date not earlier


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  1  than 15 days after the first publication for the construction

  2  of the work, unless in the initial resolution the board has

  3  declared its intention to have the work done by district

  4  forces without contract. The notice shall refer in general

  5  terms to the extent and nature of the improvements and may

  6  identify the same by the short designation indicated in the

  7  initial resolution and by reference to the plans and

  8  specifications on file. If the initial resolution has given

  9  two or more alternative descriptions of the assessable

10  improvements as to its material, nature, character, and size,

11  and, if the board has not theretofore determined upon a

12  definite description, the notice shall call for bids upon each

13  of such descriptions. Bids may be requested for the work as a

14  whole or for any part thereof separately and bids may be asked

15  for any one or more of such assessable improvements authorized

16  by the same or different resolutions, but any bid covering

17  work upon more than one improvement shall be in such form as

18  to permit a separation of cost as to each improvement. The

19  notice shall require bidders to file with their bids either a

20  certified check drawn upon an incorporated bank or trust

21  company in such amount or percentage of their respective bids,

22  as the board deems advisable, or a bid bond in like amount

23  with corporate surety satisfactory to the board to ensure the

24  execution of a contract to carry out the work in accordance

25  with such plans and specifications and ensure the filing, at

26  the making of such contract, of a bond in the amount of the

27  contract price with corporate surety satisfactory to the board

28  conditioned for the performance of the work in accordance with

29  such contract. The board shall have the right to reject any or

30  all bids, and, if all bids are rejected, the board may

31


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  1  readvertise or may determine to do the work by the district

  2  forces without contract.

  3         (f)  Promptly after the completion of the work, in the

  4  case of special assessments levied under this subsection, the

  5  engineer for the district, who is hereby designated as the

  6  official of the district to make the preliminary assessment of

  7  benefits from assessable improvements, shall prepare a

  8  preliminary assessment roll and file the same with the

  9  secretary of the board which roll shall contain the following:

10         1.  A description of abutting lots and parcels of land

11  or lands which will benefit from such assessable improvements

12  and the amount of such benefits to each such lot or parcel of

13  land. There shall also be given the name of the owner of

14  record of each lot or parcel, where practicable, and, in all

15  cases, there shall be given a statement of the method of

16  assessment used by the engineer for determining the benefits.

17         2.  The total cost of the improvements and the amount

18  of incidental expense.

19         (g)  The preliminary roll shall be advisory only and

20  shall be subject to the action of the board as hereafter

21  provided. Upon the filing with the secretary of the board of

22  the preliminary assessment roll, the secretary of the board

23  shall publish at least once in a newspaper published and of

24  general circulation in the county where the benefited land is

25  located, a notice stating that at a meeting of the board to be

26  held on a certain day and hour, not less than 15 days after

27  the date of such publication, which meeting may be a regular,

28  adjourned, or special meeting, all interested persons may

29  appear and file written objections to the confirmation of such

30  roll. Such notice shall state the class of the assessable

31


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  1  improvements and the location thereof by terminal points and

  2  route.

  3         (h)  At the time and place stated in such notice the

  4  board shall meet and receive the objections in writing of all

  5  interested persons as stated in such notice. The board may

  6  adjourn the hearing from time to time. After the completion

  7  thereof the board shall either annul or sustain or modify in

  8  whole or in part the prima facie assessment as indicated on

  9  such roll, either by confirming the prima facie assessment

10  against any or all lots or parcels described therein or by

11  canceling, increasing, or reducing the same, according to the

12  special benefits which the board decides each lot or parcel

13  has received or will receive on account of such improvement.

14  If any property which may be chargeable under this section has

15  been omitted from the preliminary roll or if the prima facie

16  assessment has not been made against it, the board may place

17  on such roll an apportionment to such property. The board

18  shall not confirm any assessment in excess of the special

19  benefits to the property assessed, and the assessments so

20  confirmed shall be in proportion to the special benefits.

21  Forthwith after such confirmation such assessment roll shall

22  be delivered to the secretary of the board. The assessment so

23  made shall be final and conclusive as to each lot or parcel

24  assessed unless proper steps be taken within 30 days in a

25  court of competent jurisdiction to secure relief. If the

26  assessment against any property shall be sustained or reduced

27  or abated by the court, the secretary of the board shall note

28  that fact on the assessment roll opposite the description of

29  the property affected thereby. The amount of the special

30  assessment against any lot or parcel which may be abated by

31  the court, unless the assessment upon all benefited property


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  1  be abated, or the amount by which such assessment is so

  2  reduced, may, by resolution of the board, be made chargeable

  3  against the district at large; or, at the discretion of the

  4  board, a new assessment roll may be prepared and confirmed in

  5  the manner herein provided for the preparation and

  6  confirmation of the original assessment roll.

  7         (i)  Pending the final confirmation of such special

  8  assessments in the manner provided in this subsection, the

  9  district shall have a lien on all such lands and real estate

10  after the passage of the initial resolution, subject, however,

11  to the final confirmation thereof in the manner provided in

12  this subsection.

13         (3)(a)  The district engineer, under the procedure

14  provided for in this subsection shall next, after passage of

15  the initial resolution and filing of the plans and estimates

16  of cost by the district engineer, prepare an assessment roll

17  for the district in duplicate, which assessment roll shall

18  contain an apportionment of the estimated total cost of the

19  improvement as between the district and each lot or parcel of

20  land subject to the special assessment under the initial

21  resolution, such apportionment to be made in accordance with

22  the provisions of the initial resolution. One of the

23  duplicates of said assessment roll shall be filed with the

24  secretary of the board and the other duplicate shall be

25  retained by the district engineer in his or her files, all

26  thereof to remain open to public inspection.

27         (b)  Upon the completion and filing of said assessment

28  roll the secretary to the board shall cause a copy thereof to

29  be published once in a newspaper published in the county where

30  the benefited land is located and of general circulation in

31  the county, together with a notice directed to all property


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  1  owners interested in the special assessments stating that at a

  2  meeting of the board on a certain day and hour, not earlier

  3  than 15 days after such publication, the board sitting as an

  4  equalizing board, will hear objections of all interested

  5  persons to the final confirmation of such assessment roll, and

  6  will finally confirm such assessment roll or take such action

  7  relative thereto as it deems necessary and advisable. A copy

  8  of the notice shall be mailed to the landowners of the land to

  9  be benefited by construction of the assessable improvement.

10  The landowners shall be determined by reference to the last

11  available tax roll of Broward County. The secretary of the

12  board shall keep a record in which shall be inscribed, at the

13  request of any person, firm, or corporation having or claiming

14  to have any interest in any lot or parcel of land, the name

15  and post office address of each person, firm, or corporation,

16  together with a brief description or designation of such lot

17  or parcel, and it shall be the duty of the secretary of the

18  board to mail a copy of such notice to such person, firm, or

19  corporation at such address at least 10 days before the time

20  for the hearing as stated in such notice, but the failure of

21  the secretary of the board to keep such record or so to

22  inscribe any name or address or to mail such notice shall not

23  constitute a valid objection to holding the hearing as

24  provided in this section or to any other action taken under

25  the authority of this section.

26         (c)  At the time and place named in the notice provided

27  for in paragraph (b), the board shall meet as an equalizing

28  board to hear and consider any and all complaints as to the

29  special assessments, and shall adjust and equalize the special

30  assessments on a basis of justice and right, and, when so

31  equalized and approved, such special assessment shall stand


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  1  confirmed and remain legal, valid, and binding liens upon the

  2  properties upon which such special assessments are made, until

  3  paid in accordance with the provisions of this act. However,

  4  upon the completion of the improvements, if the actual cost of

  5  the assessable improvements is less than the amount of such

  6  special assessments levied, the district shall rebate to the

  7  owners of any properties which shall have been specially

  8  assessed for the assessable improvements the difference in the

  9  special assessments as originally made, levied, and confirmed,

10  and the proportionate part of the actual cost of said

11  assessable improvements as finally determined upon the

12  completion of said assessable improvements. In the event that

13  the actual cost of said assessable improvements shall be more

14  than the amount of the special assessments confirmed, levied,

15  and as finally determined upon the completion of said

16  assessable improvements, the proportionate part of such excess

17  cost of such assessable improvements may be levied against all

18  of the lands and properties against which such special

19  assessments were originally levied, or, in the alternative,

20  the board may, in its discretion, pay such excess cost from

21  any legally available funds.

22         (d)  All objections to any such assessment roll on the

23  ground that it contains items which cannot be properly

24  assessed against property, or that it is, for any default or

25  defect in the passage or character of the assessment roll or

26  the plans or specifications or estimate, void or voidable in

27  whole or in part, or that it exceeds the power of the board,

28  shall be made in writing, in person or by attorney, and filed

29  with the secretary of the board at or before the time or

30  adjourned time of such hearing on the assessment roll. Any

31  objections against the making of any assessable improvements


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  1  not so made shall be considered as waived, and, if any

  2  objections shall be made and overruled or shall not be

  3  sustained, the confirmation of the assessment roll shall be

  4  the final adjudication of the issue presented unless proper

  5  steps are taken in a court of competent jurisdiction to secure

  6  relief within 20 days.

  7         (e)  All the provisions of subsection (2) not

  8  inconsistent with this subsection shall apply to the levy of

  9  special assessments under this subsection.

10         (4)(a)  Any assessment may be paid at the office of the

11  secretary of the board within 60 days after the confirmation

12  thereof, without interest. Thereafter all assessments shall be

13  payable in equal installments, with interest as provided by

14  section 31 from the expiration of the 60 days in each of the

15  succeeding number of years which the board shall determine by

16  resolution, not exceeding 20. However, the board may provide

17  that any assessment may be paid at any time before due,

18  together with interest accrued thereon to the date of payment,

19  if such prior payment shall be permitted by the proceedings

20  authorizing any assessment bonds or other obligations for the

21  payment of which such special assessments have been pledged.

22         (b)  All such special assessments levied pursuant to

23  this act may, in the discretion of the board, be collected by

24  the revenue collector of the county at the same time as the

25  general county taxes are collected by the revenue collector of

26  the county, and the board shall in such event certify to the

27  county revenue collector in each year a list of all such

28  special assessments and a description of, and names of the

29  owners of, the properties against which such special

30  assessments have been levied and the amounts due thereon in

31  such year, and interest thereon for any deficiencies for prior


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  1  years. The amount to be so certified by the board to the

  2  county revenue collector to be collected in such year may

  3  include, in the discretion of the board, the principal

  4  installment of such special assessments which will become due

  5  at any time in the next succeeding fiscal year, and all or any

  6  part of the interest which will become due on such special

  7  assessments during such next fiscal year, together with any

  8  deficiencies for prior years.

  9         (c)  The board may, in lieu of providing for the

10  collection of the special assessments by the revenue collector

11  of the county, provide for the collection of said special

12  assessments by the district under such terms and conditions as

13  the board shall determine. In such event, the bills or

14  statements for the amounts due in any fiscal year shall be

15  mailed to the owners of all properties affected by such

16  special assessments at such time or times as the board shall

17  determine and such bills or statements may include all or any

18  part of the principal and interest which will mature and

19  become due on the annual installments of such special

20  assessments during the fiscal year in which installments of

21  such assessments are payable.

22         (d)  All charges of the county revenue collector or of

23  the district, and the fees, costs, and expenses of any paying

24  agents, trustees, or other fiduciaries for assessment bonds

25  issued under this act, are deemed to be costs of the operation

26  and maintenance of any drainage improvements in connection

27  with which such special assessments were levied and the board

28  shall be authorized and directed to provide for the payment

29  each year of such costs of collection, fees, and other

30  expenses from the maintenance tax as provided in this act as

31  shall be mutually agreed upon between the board and the county


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  1  revenue collector as additional compensation for his or her

  2  services for each such assessment district in which the

  3  special assessments are collected by him or her.

  4         (e)  All assessments shall constitute a lien upon the

  5  property so assessed, from the date of final confirmation

  6  thereof, of the same nature and to the same extent as the lien

  7  for general county taxes falling due in the same year or years

  8  in which such assessments or installments thereof fall due,

  9  and any assessment or installment not paid when due shall be

10  collectible with such interest and with a reasonable

11  attorney's fee and costs, but without penalties, by the

12  district by proceedings in a court of equity to foreclose the

13  line of assessments as a lien for mortgages is or may be

14  foreclosed under the laws of the state; provided that any such

15  proceedings to foreclose shall embrace all installments of

16  principal remaining unpaid with accrued interest thereon,

17  which installments shall, by virtue of the institution of such

18  proceedings, immediately become due and payable. Nevertheless,

19  if, prior to any sale of the property under decree of

20  foreclosure in such proceedings, payment be made of the

21  installment or installments which are shown to be due under

22  the provisions of subsections (2) or (3), and by this

23  subsection, and all costs, including interest and attorney's

24  fees, such payment shall have the effect of restoring the

25  remaining installments to their original maturities as

26  provided by the resolution passed pursuant to this subsection

27  and the proceedings shall be dismissed. It shall be the duty

28  of the board to enforce the prompt collection of assessment by

29  the means herein provided, and such duty may be enforced at

30  the suit of any holder of bonds issued under this act in a

31  court of competent jurisdiction by mandamus or other


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  1  appropriate proceedings or action. Not later than 30 days

  2  after the annual installments are due and payable, it shall be

  3  the duty of the board to direct the attorney for the district

  4  to institute actions within 2 months after such direction to

  5  enforce collection of all special assessments for assessable

  6  improvements made under this section and remaining due and

  7  unpaid at the time of such direction. Such action shall be

  8  prosecuted in the manner and under the conditions in and under

  9  which mortgages are foreclosed under the laws of the state. It

10  shall be lawful to join in one action the collection of

11  assessments against any or all property assessed by virtue of

12  the same assessment roll unless the court shall deem such

13  joinder prejudicial to the interest of any defendant. The

14  court shall allow a reasonable attorney's fee for the attorney

15  for the district, and the same shall be collectible as a part

16  of or in addition to the costs of the action. At the sale

17  pursuant to decree in any such action, the district may be a

18  purchaser to the same extent as an individual person or

19  corporation, except that the part of the purchase price

20  represented by the assessments sued upon and the interest

21  thereon need not be paid in cash. Property so acquired by the

22  district may be sold or otherwise disposed of.

23         (f)  All assessments and charges made under the

24  provisions of this section for the payment of all or any part

25  of the cost of any assessable improvements for which

26  assessment bonds shall have been issued under the provisions

27  of this act, or which have been pledged as additional security

28  for any other bonds or obligations issued under this act,

29  shall be used only for the payment of principal or interest on

30  such assessment bonds or other bonds or obligations issued

31  under this act.


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  1         Section 46.  Issuance of certificates of indebtedness

  2  based on assessments for assessable improvements; assessment

  3  bonds.--

  4         (1)  The board may, after any assessments for

  5  assessable improvements are made, determined, and confirmed as

  6  provided in section 45, issue certificates of indebtedness for

  7  the amount so assessed against the abutting property or

  8  property otherwise benefited, as the case may be, and separate

  9  certificates shall be issued against each part or parcel of

10  land or property assessed, which certificates shall state the

11  general nature of the improvement for which the said

12  assessment is made. Said certificates shall be payable in

13  annual installments in accordance with the installments of the

14  special assessment for which they are issued. The board may

15  determine the interest to be borne by such certificates as

16  provided by section 31, and may sell such certificates at

17  either private or public sale and determine the form, manner

18  of execution, and other details of such certificates. Such

19  certificates shall recite that they are payable only from the

20  special assessments levied and collected from the part or

21  parcel of land or property against which they are issued. The

22  proceeds of such certificates may be pledged for the payment

23  of principal of and interest on any revenue bonds or general

24  obligation bonds issued to finance in whole or in part such

25  assessable improvement, or, if not so pledged, may be used to

26  pay the cost or part of the cost of such assessable

27  improvements.

28         (2)  The district may also issue assessment bonds or

29  other obligations payable from a special fund into which such

30  certificates of indebtedness referred to in subsection (1) may

31  be deposited; or, if such certificates of indebtedness have


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  1  not been issued, the district may assign to such special fund

  2  for the benefit of the holders of such assessment bonds or

  3  other obligations, or to a trustee for such bondholders, the

  4  assessment liens provided for in this act unless such

  5  certificates of indebtedness or assessment liens have been

  6  theretofore pledged for any bonds or other obligations

  7  authorized hereunder. In the event of the creation of such

  8  special fund and the issuance of such assessment bonds or

  9  other obligations, the proceeds of such certificates of

10  indebtedness or assessment liens deposited therein shall be

11  used only for the payment of the assessment bonds or other

12  obligations issued as provided in this section. The district

13  is hereby authorized to covenant with the holders of such

14  assessment bonds or other obligations that it will diligently

15  and faithfully enforce and collect all the special assessments

16  and interest and penalties thereon for which such certificates

17  of indebtedness or assessment liens have been deposited in or

18  assigned to such fund, and to foreclose such assessment liens

19  so assigned to such special fund or represented by the

20  certificates of indebtedness deposited in said special fund,

21  after such assessment liens have become delinquent, and

22  deposit the proceeds derived from such foreclosure, including

23  interest and penalties, in such special fund, and to make any

24  other covenants deemed necessary or advisable in order to

25  properly secure the holders of such assessment bonds or other

26  obligations.

27         (3)  The assessment bonds or other obligations issued

28  pursuant to this section shall have such dates of issue and

29  maturity as shall be deemed advisable by the board. However,

30  the maturities of such assessment bonds or other obligations

31  shall not be more than 2 years after the due date of the last


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  1  installment which will be payable on any of the special

  2  assessments for which such assessment liens, or the

  3  certificates of indebtedness representing such assessment

  4  liens, are assigned to or deposited in such special fund.

  5         (4)  Such assessment bonds or other obligations issued

  6  under this section shall bear interest as provided by section

  7  31, shall be executed, shall have such provisions for

  8  redemption prior to maturity, and shall be sold in the manner

  9  and be subject to all of the applicable provisions contained

10  in this act for revenue bonds, except as the same may be

11  inconsistent with the provisions of this section.

12         (5)  All assessment bonds or other obligations issued

13  under the provisions of this act, except certificates of

14  indebtedness issued against separate lots or parcels of land

15  or property as provided in this section, shall be and

16  constitute and have all the qualities and incidents of

17  negotiable instruments under the law merchant and the laws of

18  the state.

19         Section 47.  Foreclosure of liens.--

20         (1)  Any lien in favor of the district arising under

21  chapter 298, Florida Statutes, or under this act may be

22  foreclosed by the district by bringing foreclosure proceedings

23  in the name of the district in the circuit court in like

24  manner as is provided in chapter 173, Florida Statutes, and

25  amendments thereto, and the provisions of the chapter shall be

26  applicable to such proceedings with the same force and effect

27  as if the provisions were expressly set forth in this act. Any

28  act required or authorized to be done by or on behalf of a

29  city or town in foreclosure proceedings under chapter 173,

30  Florida Statutes, may be performed by such officer or agent of

31  the district as the board of supervisors may designate. Such


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  1  foreclosure proceedings may be brought at any time after the

  2  expiration of 1 year from the date any tax, or installment

  3  thereof, becomes delinquent.

  4         (2)  As an alternative to the foregoing, the district

  5  may at any time foreclose any lien for delinquent taxes or

  6  installments thereof by a chancery action brought in the name

  7  of the district in the circuit court. The pleadings, process,

  8  practice, and sales in such proceedings shall be the same as

  9  in actions for the foreclosure of mortgages upon real

10  property. One or more parcels of land may be included in the

11  same suit.

12         (3)  In any foreclosure action filed by the district

13  pursuant to this section, the district may join as a party

14  defendant Broward County, for the purpose of determining the

15  amount of their respective tax liens. When the county is so

16  joined in such a foreclosure action, the judicial sale held in

17  such action shall operate to satisfy all county tax liens to

18  the date of such sale. The decree of the court in any such

19  foreclosure action shall operate to quiet title to the

20  property that is the subject of the action.

21         Section 48.  Payment of taxes and redemption of tax

22  liens by the district; sharing in proceeds of tax sale under

23  s. 197.542, Florida Statutes.--

24         (1)  The district has the right to:

25         (a)  Pay any delinquent state, county, district,

26  municipal, or other tax or assessment upon lands located

27  wholly or partially within the boundaries of the district.

28         (b)  Redeem or purchase any tax sales certificate

29  issued or sold on account of any state, county, district,

30  municipal, or other taxes or assessments upon lands located

31  wholly or partially within the boundaries of the district.


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  1         (2)  Delinquent taxes paid, or tax sales certificates

  2  redeemed or purchased, by the district, together with all

  3  penalties for the default in payment of the same and all costs

  4  in collecting the same and a reasonable attorney's fee, shall

  5  constitute a lien in favor of the district of equal dignity

  6  with the liens of state and county taxes and other taxes of

  7  equal dignity with state and county taxes, upon all the real

  8  property against which said taxes were levied. The lien of the

  9  district may be foreclosed in the manner provided in this act.

10         (3)  In any sale of land pursuant to s. 197.542,

11  Florida Statutes, and amendments thereto, the district may

12  certify to the clerk of the circuit court of the county

13  holding such sale the amount of taxes due to the district upon

14  the lands sought to be sold, and the district shall share in

15  the disbursement of the sales proceeds in accordance with the

16  provisions of this act and under law.

17         Section 49.  Changing boundary lines; annexation and

18  exclusion of lands.--

19         (1)  Whenever the owners of a majority of the acreage

20  of the land within a prescribed area adjacent to the

21  boundaries of the district petitions the board to include a

22  specific area of lands within the boundaries of the district

23  or when the board by resolution proposes that an area of land

24  adjacent to the boundaries of the district be included within

25  the boundaries of the district, the board shall publish a

26  notice once a week for 2 consecutive weeks in a newspaper of

27  general circulation published in Broward County describing the

28  boundaries of the area which is proposed to be taken into the

29  boundaries of the district. The notice shall be directed to

30  the landowners within the area proposed to be taken into the

31  boundaries of the district and shall direct said landowners to


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  1  show cause in writing before the board at a time and place to

  2  be stated in such notice why such area of land should not be

  3  brought into the boundaries of the district and why the

  4  proceedings and powers authorized by this act should not be

  5  exercised by the board. At the time and place stated in said

  6  notice the board shall hear all objections of any landowner

  7  within the area proposed to be taken into the boundaries of

  8  the district and if no objections are made or if said

  9  objections, if made, are overruled by the board, the board

10  shall enter in its minutes its findings and adopt a final

11  resolution of annexation confirming the new boundaries of the

12  district as they may be extended. Thereafter, the board may

13  proceed with the development, drainage, and reclamation of the

14  new area of land brought into the district. If the board shall

15  overrule any landowners' objections as provided herein or if

16  such landowner shall deem himself or herself aggrieved by the

17  aforesaid action of the board, such landowner may within 20

18  days after the board adopts its final resolution of annexation

19  invoke the jurisdiction of the circuit court for Broward

20  County. When said resolution annexing the new area to the

21  boundaries of the district shall have been adopted by the

22  board, or by a court of competent jurisdiction if such

23  proposed action shall have been challenged by a landowner by

24  the judicial proceedings hereinabove authorized, the board may

25  adopt a plan of reclamation for the newly annexed area and

26  thereafter proceed in a like manner as prescribed in this act.

27  Upon the adoption of the final resolution of annexation, all

28  provisions of this act shall apply to the newly annexed area

29  of land. Lands lying within the boundaries of the district may

30  be deannexed in the same manner as the procedure for

31  annexation.


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  1         (2)  Land added to the district in the manner provided

  2  in this section shall, from the time of its inclusion within

  3  the district, be subject to all of the taxes and assessments

  4  thereafter levied and assessed on other land or property of

  5  the district similarly situated. Land or property excluded

  6  from the district in the manner provided in this section

  7  shall, from the date of such exclusion, be exempt from taxes

  8  or assessments thereafter imposed by the district but shall

  9  not be exempt from taxes or assessments theretofore levied and

10  due with respect to such land or property, or from subsequent

11  installments of taxes or assessments theretofore levied or

12  assessed with respect thereto, and such taxes or assessments

13  may be enforced and collected by or on behalf of the district

14  in the same manner as if such land or property continued to be

15  within the territorial limits of the district.

16         (3)  Nothing in this section shall permit the

17  annexation or exclusion of lands contrary to the terms,

18  covenants, or conditions of any of the bonds or obligations of

19  the district, or in any manner that would impair the security

20  of the holders of any bonds or other obligations of the

21  district.

22         Section 50.  Unit development; powers of board of

23  supervisors to designate units of district and adopt system of

24  progressive drainage by units; plans of reclamation and

25  financing assessments for each unit; amendment of unit plan.--

26         (1)  The board of supervisors of the district is

27  authorized in its discretion to drain and reclaim and place

28  under water control or more completely and intensively to

29  drain and reclaim and place under water control the lands in

30  the district by designated areas or parts of the district to

31  be called "units." The units into which the district may be so


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  1  divided shall be given appropriate numbers or names by the

  2  board, so that the units may be readily identified and

  3  distinguished. The board shall have the power to fix and

  4  determine the location, area, and boundaries of lands to be

  5  included in each and all such units, the order of development

  6  thereof, and the method of carrying on the work in each unit.

  7  The unit system of drainage provided by this section may be

  8  conducted and all of the proceedings by this section and this

  9  act authorized in respect to such unit or units may be carried

10  on and conducted at the same time as or after the work of

11  draining and reclaiming of the entire district has been or is

12  being or shall be instituted or carried on under the

13  provisions of this act or under chapter 298, Florida Statutes,

14  or both.

15         (2)  If the board determines that is it advisable to

16  conduct the work of draining and reclaiming the lands in the

17  district by units, as authorized by this section, the board

18  shall, by resolution, declare its purpose to conduct such work

19  accordingly, and shall fix the number, location, and

20  boundaries of and description of lands within such unit or

21  units and give them appropriate numbers or names. The entire

22  district may also be designated as a unit for the proper

23  allocation of such part of the plan of reclamation and

24  drainage as benefits the entire district.

25         (3)  As soon as practicable after the adoption of such

26  resolution, the board shall publish notice once a week for 2

27  consecutive weeks in a newspaper or newspapers published and

28  of general circulation in Broward County, briefly describing

29  the units into which the district has been divided and the

30  lands embraced in each unit, giving the name, number, or other

31  designation of such units, requiring all owners of lands in


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  1  the district to show cause in writing before the board at a

  2  time and place to be stated in such notice why such division

  3  of the district into such units should not be approved, and

  4  the system of development by units should not be adopted and

  5  given effect by the board, and why the proceedings and powers

  6  authorized by this section should not be had, taken, and

  7  exercised. At the time and place stated in the notice, the

  8  board of supervisors shall hear all objections or causes of

  9  objection, all of which shall be in writing, of any landowner

10  in the district who may appear in person or by attorney, to

11  the matters mentioned and referred to in such notice, and, if

12  no objections are made, or, if objections are made and

13  overruled by the board, then the board shall enter in its

14  minutes its finding and order confirming the resolution, and

15  may thereafter proceed with the development, drainage, and

16  reclamation of the district by units pursuant to such

17  resolution and to the provisions of this act. The failure to

18  make objections as provided in this subsection shall

19  constitute a waiver of such objection, and, if any objection

20  shall be made and overruled or otherwise not sustained,

21  confirmation of the resolution shall be the final adjudication

22  of the issues presented unless a judicial proceeding is

23  initiated within 10 days after such ruling.

24         (4)  The board may, as a result of any objections or of

25  other matters brought forth at such hearing, modify or amend

26  said resolution in whole or in part, confirm said resolution

27  after overruling all objections, or reject said resolution

28  and, if such resolution is confirmed, modified, or amended,

29  may proceed thereafter in accordance with said resolution as

30  confirmed, modified, or amended. The sustaining of such

31  objections and the rescinding of such resolutions shall not


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  1  exhaust the power of the board under this section, but the

  2  board may at any time adopt other resolutions under this

  3  section and thereupon proceed on due notice in like manner as

  4  provided in this section. If the board shall overrule or

  5  refuse to sustain any such objections in whole or in part made

  6  by any landowner in the district, or if any such landowner

  7  shall deem himself or herself aggrieved by any action of the

  8  board in respect to any objections so filed, such landowner

  9  may, within 10 days after the ruling of the board, invoke the

10  jurisdiction of the circuit court for the 17th circuit; and

11  such suits shall be conducted like other chancery suits,

12  except that said suits shall have preference over all other

13  pending actions except criminal actions and writs of habeas

14  corpus.

15         (5)  When the resolutions creating the unit system

16  shall be confirmed by the board, or by the circuit court, if

17  such proposed action shall be challenged by a landowner by the

18  judicial proceedings authorized in this section, the board may

19  adopt a plan or plans of reclamation for and in respect to any

20  or all such units, and to have the benefits and damages

21  resulting therefrom assessed and apportioned in like manner as

22  is provided by chapter 298, Florida Statutes, in regard to

23  plans of reclamation for the assessments of benefits and

24  damages of the entire district, or in like manner as is

25  provided for in this act for the assessments of benefits. The

26  board shall have the same powers in respect to each and all of

27  such units as is vested in them with respect to the entire

28  district. All the provisions of this act shall apply to the

29  drainage, reclamation, and improvement of each, any, and all

30  such units, and the enumeration of or reference to specific

31  powers or duties of the supervisors or any other officers or


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  1  other matters in this act, as set forth in this act, shall not

  2  limit or restrict the application of any and all of the

  3  proceedings and powers herein to the drainage and reclamation

  4  of such units as fully and completely as if such unit or units

  5  were specifically and expressly named in every section and

  6  clause of this act where the entire district is mentioned or

  7  referred to. Unless the board by resolution otherwise

  8  provides, all assessments, levies, taxes, bonds, and other

  9  obligations made, levied, assessed, or issued for or in

10  respect to any such unit or units shall be a lien and charge

11  solely and only upon the lands in such unit or units,

12  respectively, for the benefit of which the same shall be

13  levied, made, or issued, and not upon the remaining units or

14  lands in the district.

15         (6)  The board may at any time amend its resolution by

16  changing the location and description of lands in any unit or

17  units, provided that if the location of or description of

18  lands located in any unit or units is so changed, notice of

19  the change shall be published as required in this section for

20  notice of the formation or organization of such unit or units,

21  and all proceedings shall be had and done in that regard as

22  are provided in this section for the original creation of such

23  unit or units.

24         (7)  If, after the determination of benefits with

25  respect to any unit or units or the issuance of bonds or other

26  obligations which are payable from taxes or assessments for

27  benefits levied upon lands within such unit or units, the

28  board finds the plan of reclamation of any such unit or units

29  insufficient or inadequate for efficient development, the plan

30  of reclamation may be amended or changed as provided in

31  chapter 298, Florida Statutes, or as provided in this act, and


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  1  the unit or units may be amended or changed as provided in

  2  this section by changing the location and description of lands

  3  in such unit or units or by detaching lands therefrom or by

  4  adding lands thereto, but only upon the approval or consent of

  5  not less than the holders of a majority in principal amount of

  6  such bonds or other obligations, or such other percentage as

  7  may be required by the terms of such bonds or other

  8  obligations, or without such consent or approval, if the

  9  proceedings authorizing such bonds provide that such action

10  may be taken without the consent or approval of the holders

11  thereof. In the event of such amendment or change, all

12  assessments, levies, taxes, bonds, or other obligations made,

13  levied, assessed, incurred, or issued for or in respect to any

14  such unit or units shall be allocated and apportioned to the

15  amended unit or units in proportion to the benefits assessed

16  with respect to the amended plan of reclamation. In the event

17  of the change of the boundaries of any unit as provided in

18  this section and the allocation and apportionment to the

19  amended unit or units or assessments, levies, taxes, bonds,

20  and other obligations in proportion to the benefits assessed

21  for the amended plan of reclamation, the holders of bonds or

22  other obligations hereafter issued for the original unit shall

23  be entitled to all rights and remedies against any lands added

24  to the amended unit or units as fully and to the same extent

25  as if such added lands had formed and constituted a part of

26  the original unit or units at the time of the original

27  issuance of such bonds or other obligations, and regardless of

28  whether the holders of such bonds or other obligations are the

29  original holders thereof or the holders from time to time

30  hereafter, and the rights and remedies of such holders against

31  the lands in the amended unit or units, including any lands


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  1  added thereto, under such allocation and apportionment, shall

  2  constitute vested and irrevocable rights and remedies to the

  3  holders from time to time of such bonds or other obligations

  4  as fully and to the same extent as if such bonds or other

  5  obligations had been originally issued to finance the

  6  improvements in such amended unit or units under such amended

  7  plan of reclamation. Conversely, in the event of the change of

  8  the boundaries of any unit wherein lands are detached

  9  therefrom, as provided for in this section, said lands so

10  detached shall be relieved and released from any further

11  liability for the assessment, levy, or payment of any taxes

12  for the purpose of paying the principal or interest on any

13  bonds originally issued for the original unit from which said

14  lands were detached.

15         Section 51.  Creation of subdistricts.--The board shall

16  provide for the furnishing of the services and facilities

17  authorized by this act throughout the district or in such part

18  or parts thereof as the board shall determine. For the purpose

19  of furnishing such services and facilities to any part or

20  parts of the district less than the entire area of the

21  district, the board shall have the power to divide the

22  district into such subdistricts, units, or zones as the board

23  may deem appropriate.

24         Section 52.  Mandatory use of certain district

25  facilities and services.--The district may require all lands,

26  buildings, and premises, and all persons, firms, and

27  corporations, within the district to use the drainage and

28  reclamation facilities of the district. Subject to such

29  exceptions as may be provided by the resolutions, rules, or

30  bylaws of the board, and subject to the terms and provisions

31  of any resolution authorizing any bonds and agreements with


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  1  bondholders, no drainage and reclamation facilities shall be

  2  constructed or operated within the district unless the board

  3  gives consent thereto and approves the plans and

  4  specifications therefor. The violation of the foregoing

  5  requirements is declared to be a criminal offense and

  6  misdemeanor within the meaning of s. 775.08, Florida Statutes,

  7  and shall be punishable as provided by general law.

  8         Section 53.  Procurement of contractual services and

  9  purchase of goods, supplies, and materials.--

10         (1)  All contracts let by the board for professional

11  architectural, engineering, landscape architectural, or land

12  surveying services for any project authorized by this act

13  shall be in compliance with s. 287.055, Florida Statutes, as

14  amended. Except as stated herein and as provided by s.

15  287.055, Florida Statutes, as amended, no contract shall be

16  let by the board for the construction or maintenance of any

17  improvements authorized under this act, nor shall any goods,

18  supplies, or materials be purchased when the amount thereof to

19  be paid by the district shall exceed $10,000, unless notice of

20  bids shall be advertized once a week for 2 consecutive weeks

21  in a newspaper in general circulation in Broward County, and

22  in each case the bid of the lowest responsible bidder shall be

23  accepted, unless all bids are rejected because the bids are

24  too high. The board may require the bidders to furnish bond

25  with responsible surety to be approved by the board. Nothing

26  in this section shall prevent the board from undertaking and

27  performing the construction, operation, and maintenance of any

28  project, facility, or improvements authorized under this act

29  by the employment of labor, material, and machinery.

30         (2)  Notwithstanding the bidding procedure prescribed

31  in subsection (1), if the board determines, by resolution,


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  1  that the use of competitive bidding is not practicable,

  2  contractual services and purchases of goods, supplies, or

  3  materials may be procured by competitive sealed proposals. The

  4  request for proposals shall include a statement of the

  5  services sought or the goods, supplies, or materials requested

  6  and all contractual terms and conditions applicable to the

  7  procurement of the contractual services or of the goods,

  8  supplies, or materials requested. The contract shall be

  9  awarded to the responsive offeror whose proposal is determined

10  to be the most advantageous to the district, taking into

11  consideration price and other evaluation criteria set forth in

12  the request for proposals.

13         (3)  If the board determines, by resolution, that an

14  immediate danger to the public health or safety or other

15  substantial loss to the district requires emergency action,

16  the board may proceed with the procurement of contractual

17  services necessitated by the immediate danger without

18  competition. However, such emergency procurement shall be made

19  with such competition as is practicable under the

20  circumstances.

21         (4)  If no competitive bids or proposals for

22  contractual services or for purchase of goods, supplies, or

23  materials are received, the board may negotiate the best terms

24  and conditions available as determined by the board.

25         Section 54.  Furnishing facilities and services within

26  and without the limits of the district.--The district shall

27  have the power to construct, maintain, and operate its

28  projects within or without the geographic limits of the

29  district and to offer, supply, and furnish the facilities and

30  services provided for in this act, and to collect fees,

31  rentals, and other charges from persons, firms, corporations,


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  1  municipalities, counties, political subdivisions, and other

  2  public or private agencies or bodies within or without the

  3  geographic limits of the district, and for the use of the

  4  district itself.

  5         Section 55.  Maintenance of projects across

  6  rights-of-ways.--The district shall have the power to

  7  construct and operate its projects in, along, or under any

  8  dedications to the public, platted rights-of-way, platted

  9  reservations, streets, alleys, highways or other public places

10  or ways, and across any drain, ditch, canal, floodway, holding

11  basin, excavation, railroad right-of-way, track, grade, fill,

12  or cut, within or without the district.

13         Section 56.  Agreements.--The board, pursuant to

14  general law, shall have the power to retain and enter into

15  agreements with fiscal agents, financial advisers, engineers,

16  and other consultants or advisors with respect to the issuance

17  and sale of any bonds, and the cost and expense thereof may be

18  treated as part of the cost and expense of such project.

19         Section 57.  Agreements with municipalities within the

20  district for the joint discharge of common functions.--The

21  board and the governing bodies of any one or more

22  municipalities located wholly or partly within the district,

23  whether now in existence or hereafter created, are authorized

24  to enter into and carry into effect contracts and agreements

25  relating to the common powers, duties, and functions of the

26  board and other officers, agents, and employees of the

27  district, and the respective governing bodies of one or more

28  such municipalities, and their respective officers, agents,

29  and employees, to the end that there may be effective

30  cooperation between and coordination of the efforts of such

31  municipalities and the district in discharging their common


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  1  functions, powers, and duties and in rendering services to the

  2  respective residents and property owners of such

  3  municipalities and the district. The board and the governing

  4  bodies of one or more such municipalities are further

  5  authorized to enter into and carry into effect contracts and

  6  agreements for the performance of any of their common

  7  functions, powers, and duties by a central agency or common

  8  agent of the contracting parties.

  9         Section 58.  Fees, rentals, tolls, fares, and charges;

10  procedure for adoption and modification; minimum revenue

11  requirements.--The district shall have the power to prescribe,

12  fix, establish, and collect rates, fees, rentals, tolls,

13  fares, or other charges, hereinafter sometimes referred to as

14  "revenues," and to revise the same from time to time, for the

15  facilities and services furnished or to be furnished by the

16  district, including, but not limited to, drainage facilities.

17         Section 59.  Subdivision regulation.--

18         (1)  It is the intent and purpose of this act to

19  promote and provide for the public health, safety, comfort,

20  convenience, and welfare necessary and required to promote the

21  harmonious, orderly, progressive development of land within

22  the district. It is the further intent of this act to secure

23  the establishment of standards of subdivision designs, which

24  will encourage the development of sound and economically

25  stable communities, and the creation of healthful living

26  environments.

27         (2)  Any division of a parcel of land as a subdivision

28  as defined in this act shall be subject to such plat and

29  subdivision regulations hereafter adopted, amended, or

30  modified by the district under the authority of law. Such

31  regulations may provide for streets in the subdivision to be


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  1  of such width, grade, and location as to facilitate drainage;

  2  provide that adequate easements and rights-of-way be provided

  3  for drainage and that the lay-out of the subdivision conform

  4  to the comprehensive plan for drainage for the area; and

  5  provide for the drainage requirements to be met. The district

  6  shall not approve any subdivision plat unless the land

  7  included within the subdivision is suitable or shall be made

  8  suitable to the various purposes for which it is intended to

  9  be used, and, in particular, unless all land intended for

10  building sites can be used safely for building purposes,

11  without the danger from flood or other inundation, or from any

12  such menace to health, safety, or public welfare. After the

13  effective date of this act, it shall be unlawful for anyone

14  being an owner, or agent of an owner, of any land to transfer,

15  sell, agree to sell, or negotiate to sell such land by

16  reference to, or exhibition of, or by any other use of a plat

17  or subdivision of such land, without having submitted a plat

18  of such subdivision to the district and obtaining its approval

19  as required by this act. The unlawful use of a plat by the

20  owner, or the agent of the owner, of such land before it is

21  properly approved by the district is declared to be a criminal

22  offense and misdemeanor within the meaning of s. 775.08,

23  Florida Statutes, and shall be punishable as provided by

24  general law. The description by metes and bounds in the

25  instrument of transfer or other document used in the process

26  of transferring shall not exempt the transaction from such

27  penalties.

28         (3)  It shall be unlawful to transfer lots or units of

29  lots by metes and bounds description in order to circumvent

30  the provisions of this act.

31


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  1         (4)  The district, through its legal representative,

  2  may enjoin such transfers or sales or agreements by injunction

  3  or other appropriate action.

  4         Section 60.  Action taken on consent of

  5  landowners.--Any action required under this act or under

  6  chapter 298, Florida Statutes, to be taken on notice to the

  7  landowners of the district and on public hearing for the

  8  purpose of receiving and passing on objections by landowners

  9  may be taken without such notice or hearing upon the written

10  consent of all of the landowners affected by such action.

11         Section 61.  Exemption of district property from

12  execution.--All district property shall be exempt from levy

13  and sale by virtue of an execution and no execution or other

14  judicial process shall issue against such property, nor shall

15  any judgment against the district be a charge or lien on its

16  property or revenues, provided that nothing herein contained

17  shall apply to or limit the rights of bondholders to pursue

18  any remedy for the enforcement of any lien or pledge given by

19  the district in connection with any of the bonds or

20  obligations of the district.

21         Section 62.  Enforcement and penalties.--

22         (1)  The board or any aggrieved person may have

23  recourse to such remedies in law and equity as may be

24  necessary to ensure compliance with the provisions of this

25  act, including injunctive relief to enjoin or restrain any

26  person violating the provisions of this act, and any bylaws,

27  resolutions, regulations, rules, codes, and orders adopted

28  under this act, and the court shall, upon proof of such

29  violation, have the duty to issue forthwith such temporary and

30  permanent injunctions as are necessary to prevent such further

31  violation thereof. In case any building or structure, is


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  1  erected, constructed, reconstructed, altered, repaired,

  2  converted, or maintained, or any building, structure, land, or

  3  water is used, in violation of this act, or of any code,

  4  order, resolution, or other regulation made under authority

  5  conferred by this act or under law, the board and any citizen

  6  residing in the district may institute any appropriate action

  7  or proceeding to prevent such unlawful erection, construction,

  8  reconstruction, alteration, repair, conversion, maintenance,

  9  or use, to restrain, correct, or avoid such violation, to

10  prevent the occupancy of such building, structure, land, or

11  water, and to prevent any illegal act, conduct, business, or

12  use in or about such premises, land, or water.

13         (2)  The violation of any of the provisions of this act

14  or the failure to abide by and obey any of the bylaws,

15  resolutions, regulations, rules, codes, and orders adopted

16  under this act is declared to be a criminal offense and

17  misdemeanor, within the meaning of s. 775.08, Florida

18  Statutes, and shall be punishable as provided by general law.

19  Each day that the violation shall continue shall constitute a

20  separation violation.

21         (3)  It shall be unlawful and a misdemeanor for the

22  owner of any land subject to this act, or the owner's agent or

23  other persons, to advocate, propose, suggest, use, or exhibit

24  a map, plat, survey, or plan of subdivision or development of

25  land except in conformity with this act and the rules and

26  regulations of the board.

27         Section 63.  Additional land boundaries.--The corporate

28  limits of the South Broward Drainage District in the County of

29  Broward and State of Florida as of October 1, 1992, were

30  extended and enlarged so as to include a portion of Section

31  30, Township 50 South, Range 40 East, all of Section 31,


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  1  Township 50 South, Range 40 East and all of Section 6,

  2  Township 51 South, Range 40 East, Broward County, Florida,

  3  being more particularly described as follows:

  4

  5         Begin at the Southwest corner of Section 6,

  6         Township 51 South, Range 40 East, Broward

  7         County, Florida; thence Northerly along the

  8         West line of said Section 6, Township 51 South,

  9         Range 40 East and along the West line of

10         Sections 31 and 30, Township 50 South, Range 40

11         East to the intersection thereof with the south

12         right-of-way line of the South Florida Water

13         Management District Canal C-11 (South New River

14         Canal); thence Easterly along the south

15         right-of-way line of said South Florida Water

16         Management District Canal C-11 through Section

17         30, Township 50 South, Range 40 East, to its

18         intersection with the East line of said Section

19         30, Township 50 South, Range 40 East; thence

20         Southerly along the East line of said Section

21         30, Township 50 South, Range 40 East and along

22         the East line of Section 31, Township 50 South,

23         Range 40 East and along the East line of

24         Section 6, Township 51 South, Range 40 East, to

25         the Southeast corner of said Section 6,

26         Township 51 South, Range 40 East; thence

27         Westerly, along the South line of said Section

28         6, Township 51 South, Range 40 East, to the

29         point of beginning; said land lying, being and

30         situate in Broward County, Florida, and being

31


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  1         contiguous to the South Broward Drainage

  2         District.

  3

  4         Section 64.  Bailey Drainage District abolished and

  5  assets transferred to South Broward Drainage District.--That

  6  effective October 1, 1992, the Bailey Drainage District hereto

  7  created by the Florida Legislature pursuant to chapter 67-950,

  8  Laws of Florida, and amendments thereto, was abolished. Except

  9  as provided by sections 68 and 69, the easements,

10  rights-of-way, dikes, ditches, facilities, equipment, files,

11  papers, plans, and all other assets, real or personal, of

12  whatever description and wheresoever situate of said Bailey

13  Drainage District, on October 1, 1992, were surrendered to the

14  Board of Supervisors of the South Broward Drainage District

15  and such easements, rights-of-way, dikes, ditches, facilities,

16  equipment, files, papers, plans, and all other assets of the

17  Bailey Drainage District shall, by operations and provisions

18  of this section of this law, become and remain easements,

19  rights-of-way, dikes, ditches, facilities, equipment, files,

20  papers, plans, and all other assets of the South Broward

21  Drainage District.

22         Section 65.  Bailey Drainage District powers,

23  indebtedness, and liabilities transferred to South Broward

24  Drainage District.--Commencing on October 1, 1992, all powers,

25  duties, responsibilities, obligations, and functions of Bailey

26  Drainage District except as stated in sections 68 and 69,

27  shall be performed by South Broward Drainage District and

28  South Broward Drainage District shall assume all indebtedness

29  of Bailey Drainage District. Commencing on October 1, 1992,

30  except as stated in sections 68 and 69, South Broward Drainage

31


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  1  District shall assume all liabilities of Bailey Drainage

  2  District both known and unknown as of October 1, 1992.

  3         Section 66.  Bailey Drainage District contracts

  4  transferred to South Broward Drainage District.--Commencing on

  5  October 1, 1992, all contracts to which Bailey Drainage

  6  District is a party shall remain in full force and effect for

  7  the period provided in the contract, except that the South

  8  Broward Drainage District shall be substituted for Bailey

  9  Drainage District as a party to such contracts. The South

10  Broward Drainage District shall be entitled to all benefits

11  and subject to all liabilities under such contracts and shall

12  have the same rights and liabilities to perform, to require

13  performance, and to modify and terminate said contracts as the

14  Bailey Drainage District.

15         Section 67.  Bailey Drainage District's contracts and

16  agreements to be approved by South Broward Drainage

17  District.--Beginning on March 12, 1992, no contracts or

18  agreements entered into by the Bailey Drainage District which

19  contain obligations of Bailey Drainage District that are not

20  provided for in the Bailey Drainage District budget for fiscal

21  year 1991-1992 shall be valid unless approved by a majority of

22  the Board of Supervisors of the South Broward Drainage

23  District.

24         Section 68.  Bailey Drainage District road right-of-way

25  and responsibility for roadways transferred to Board of

26  Commissioners of Broward County.--Notwithstanding the

27  provisions of sections 64, 65, 66, and 67, the South Broward

28  Drainage District shall have no requirements or responsibility

29  for maintaining or improving any roadways located within the

30  lands described in section 63 and on October 1, 1992, all road

31  rights-of-way described in section 69 along with the roadways


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  1  constructed therein were surrendered to the Board of

  2  Commissioners of Broward County and by operation and

  3  provisions of this section became and shall remain

  4  rights-of-way and property of Broward County, subject to all

  5  drainage easements previously dedicated to Bailey Drainage

  6  District which as of October 1, 1992, are drainage easements

  7  of South Broward Drainage District.

  8         Section 69.  Bailey Drainage District road

  9  rights-of-way transferred and dedicated to Broward County.--On

10  October 1, 1992, all of Bailey Drainage District's right,

11  title, and interest in and to the following described

12  property, lying, being, and situate in Broward County,

13  Florida, consisting of road rights-of-way were transferred and

14  dedicated to Broward County, a political subdivision of the

15  State of Florida:

16         (1)  The South 50.00 feet of the North 985.00 feet,

17  LESS THEREFROM, the East 293.00 feet thereof, of the following

18  described property:

19

20         A portion of that part of Section 30, Township

21         50 South, Range 40 East that lies South of the

22         South Right-of-Way line of the South New River

23         Canal being more particularly described as

24         follows:

25

26         Commencing at the intersection of the West line

27         of Section 30, Township 50 South, Range 40 East

28         and the South Right-of-Way line of the South

29         New River Canal; thence East on an assumed

30         bearing along the said South Right-of-Way line

31         for a distance of 2626.06 feet to the Point of


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  1         Beginning of the hereinafter described

  2         property; thence South for a distance of 134.58

  3         feet to the Point of Curvature of a curve to

  4         the right, said curve having a radius of

  5         3090.99 feet, a central angle of 7°27'53" and

  6         an arc distance of 402.71 feet; thence along

  7         the arc of said curve to the right for an arc

  8         distance of 402.71 feet to the Point of

  9         Tangency of said curve; thence South 7°27'53"

10         West for a distance of 250.00 feet to the Point

11         of Curvature of a curve to the left, said curve

12         having a radius of 3420.57 feet, a central

13         angle of 6°38'39" and an arc distance of 396.67

14         feet; thence along the arc of said curve to the

15         left for an arc distance of 396.67 feet to the

16         Point of Tangency of said curve; thence South

17         0°48'14" West for a distance of 50.35 feet to a

18         point on the South line of said Section 30 that

19         lies 25.00 feet East of the South quarter

20         corner of said Section 30; thence South

21         88°22'08" East along the said South line of

22         Section 30 for a distance of 2525.07 feet to

23         the Southeast corner of said Section 30; thence

24         North 0°22'25" East along the East line of said

25         Section 30 for a distance of 1301.71 feet to a

26         point on the said South Right-of-Way line of

27         the South New River Canal; thence West along

28         the said South Right-of-Way line for a distance

29         of 2444.50 feet to the Point of Beginning.

30         (2)  All that portion of Section 30, Township 50 South,

31  Range 40 East that lies within 70.00 feet of a point that is


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  1  located 960.00 feet South of the South Right-of-Way line of

  2  the South New River Canal, and 293.00 feet West of the East

  3  line of said Section 30.

  4         (3)  The South 50.00 feet of the North 350.00 feet,

  5  LESS THEREFROM, the East 293.00 feet thereof, of the following

  6  described property:

  7

  8         A portion of that part of Section 30, Township

  9         50 South, Range 40 East that lies South of the

10         South Right-of-Way line of the South New River

11         Canal being more particularly described as

12         follows:

13

14         Commencing at the intersection of the West line

15         of Section 30, Township 50 South, Range 40 East

16         and the South Right-of-Way line of the South

17         New River Canal; thence East on an assumed

18         bearing along the South Right-of-Way line for a

19         distance of 2626.06 feet to the Point of

20         Beginning of the hereinafter described

21         property; thence South for a distance of 134.58

22         feet to the Point of Curvature of a curve to

23         the right, said curve having a radius of

24         3090.99 feet, a central angle of 7°27'53" and

25         an arc distance of 402.71 feet; thence along

26         the arc of said curve to the right for an arc

27         distance of 402.71 feet to the Point of

28         Tangency of said curve; thence South 7°27'53"

29         West for a distance of 250.00 feet to the Point

30         of Curvature of a curve to the left, said curve

31         having a radius of 3420.57 feet, a central


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  1         angle of 6°38'39" and an arc distance of 396.67

  2         feet; thence along the arc of said curve to the

  3         left for an arc distance of 396.67 feet to the

  4         Point of Tangency of said curve; thence South

  5         0°48'14" West for a distance of 50.35 feet to a

  6         point on the South line of said Section 30 that

  7         lies 25.00 feet East of the South quarter

  8         corner of said Section 30; thence South

  9         88°22'08" East along the said South line of

10         Section 30 for a distance of 2525.07 feet to

11         the Southeast corner of said Section 30; thence

12         North 0°22'25" East along the East line of said

13         Section 30 for a distance of 1301.71 feet to a

14         point on said South Right-of-Way line of the

15         South New River Canal; thence West along the

16         said South Right-of-Way line for a distance of

17         2444.50 feet to the Point of Beginning.

18         (4)  All that portion of Section 30, Township 50 South,

19  Range 40 East that lies within 70.00 feet of a point that is

20  located at 325.0 feet South of the South Right-of-Way line of

21  the South New River Canal and 293.00 feet West of the East

22  line of said Section 30.

23         (5)  That part of Section 30, Township 50 South, Range

24  40 East described as follows, to wit:  a strip of land 50 feet

25  in width, the centerline of which is described as follows:

26

27         Commencing at the point of intersection of the

28         West line of Section 30, Township 50 South,

29         Range 40 East, and the South right-of-way line

30         of the South New River Canal; thence East on an

31         assumed bearing, along the said South


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  1         right-of-way line of the South New River Canal

  2         a distance of 2601.06 feet to the point of

  3         beginning of this description; thence South,

  4         perpendicular to the last described line a

  5         distance of 134.58 feet to the point of curve

  6         of a circular curve to the right; thence

  7         Southwesterly along the arc of said curve,

  8         having a radius of 3065.99 feet, 399.45 feet to

  9         the point of tangent of said curve; thence

10         South 7°27'53" West, 250.0 feet to the point of

11         curve of a circular curve to the left; thence

12         Southeasterly along the arc of said curve,

13         having a radius of 3445.67 feet, 399.57 feet to

14         the point of tangent of said curve; thence

15         South 0°49'14" West a distance of 50 feet to a

16         point, said point being the Southwest corner of

17         the East 1/2 of Section 30, Township 50 South,

18         Range 40 East.

19         (6)  The West 15 feet of the following described

20  property:

21

22         A portion of Section 30, Township 50 South,

23         Range 40 East more particularly described as

24         follows:

25         Commence at the intersection of the East line

26         of said Section 30 and the South Right-of-Way

27         line of the South New River Canal; thence on an

28         assumed bearing of South 90°00'00" West along

29         the said South Right-of-Way line a distance of

30         1661.21 feet; thence South 00°00'00" East a

31         distance of 960 feet to the point of beginning;


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    ENROLLED

    1998 Legislature                      HB 4469, First Engrossed



  1         thence South 90°00'00" West a distance of

  2         860.35 feet to a point on the arc of a 3420.57

  3         foot radius non-tangent curve concave to the

  4         East; thence Southerly along said curve through

  5         a central angle of 03°40'49" an arc distance of

  6         219.71 feet to a point of tangency; thence

  7         South 00°49'14" West along a line parallel with

  8         and 25 feet East of the North-South 1/4 section

  9         line of Section 30 a distance of 50.35 feet to

10         an intersection with the South line of said

11         Section 30; thence South 88°22'08" East along

12         said South line a distance of 871.63 feet;

13         thence North 00°00'00" East a distance of

14         294.59 feet to the point of beginning.

15         (7)  Those parts of Section 30, Township 50 South,

16  Range 40 East described as follows:

17         (a)  All that land that lies within 25 feet of the

18  following described centerline:

19

20         Commencing at the Southwest corner of Section

21         30, thence Northerly and along the West line of

22         said Section 30 a distance of 674 feet, thence

23         Easterly and parallel with the South line of

24         said Section 30 a distance of 316.86 feet to a

25         point of beginning of this description, thence

26         continue Easterly and parallel with the said

27         South line of Section 30 a distance of 788.72

28         feet to the point of termination, together with

29         all that land that lies within 70 feet of both

30         the point of beginning and the point of

31         termination.


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    ENROLLED

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  1         (b)  All that land that lies within 25 feet of the

  2  following described centerline:

  3

  4         Commence at the Southwest corner of said

  5         Section 30, thence Easterly and along the South

  6         line of said Section 30 a distance of 634.29

  7         feet to the point of beginning of this

  8         description; thence Northerly on an angle from

  9         East to North of 89°53'45" a distance of 674

10         feet to the point of termination.

11         (8)  That part of Section 30, Township 50 South, Range

12  40 East and that part of Section 31, Township 50 South, Range

13  40 East according to FLORIDA FRUIT LANDS COMPANY SUBDIVISION

14  NO. 1 as recorded in Plat Book 2, Page 17 of the Public

15  Records of Dade County, Florida, described as follows, to wit:

16

17         All that land in Tracts 17 and 32 of Section

18         31, Township 50 South, Range 40 East, and the

19         Southwest 1/4 of Section 30, Township 50 South,

20         Range 40 East that lies within 25 feet of the

21         following described centerline:  Beginning at a

22         point on the North line of said Tract 17 that

23         is 50 feet West of the East line of said Tract

24         17, thence Westerly and along the North line of

25         said Tracts 17 and 32 to a point on the North

26         line of said Tract 32 that is 255 feet East of

27         the West line of said Tract 32, together with

28         all that land in said Tract 32 and said

29         Southwest 1/4 of Section 30 that lies within 70

30         feet of said described point on the North line

31


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    ENROLLED

    1998 Legislature                      HB 4469, First Engrossed



  1         of said Tract 32 and is 255 feet East of said

  2         West line of Tract 32.

  3         (9)  Those parts of Section 31, Township 50 South,

  4  Range 40 East according to the FLORIDA FRUIT LANDS COMPANY'S

  5  SUBDIVISION NO. 1 recorded in Plat Book 2, Page 17 of the

  6  Public Records of Dade County, Florida, described as follows,

  7  to wit:

  8         (a)  All that land in Tract 40 that lies within 50 feet

  9  of the North-South center of the Section line of Section 31,

10  Township 50 South, Range 40 East.

11         (b)  The South 50 feet of Tracts 40 and 41.

12         (c)  All that land in Tracts 17, 18, 19, 21, 22, 23,

13  24, 33, 34, 35, 36, 37, 38, 39, 57, 58, 59 and 60 that lies

14  within 50 feet of the North-South center of the section line

15  of Section 31, Township 50 South, Range 40 East.

16         (d)  All that land that lies within 25 feet of the

17  following described centerline:

18

19         Beginning at a point on the South line of Tract

20         18 that is 50 feet West of the East line of

21         Tract 18, thence Westerly and along the South

22         line of Tract 18 and the South line of Tract 31

23         to a point on the South line of Tract 31 that

24         is 255 feet East of the West line of Tract 31,

25         together with all that land in Tracts 30 and 31

26         that lies within 70 feet of said described

27         point that lies on the South line of Tract 31

28         and is 255 feet East of the West line of Tract

29         31.

30         (e)  All that land that lies within 25 feet of the

31  following described centerline:


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    ENROLLED

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  1

  2         Beginning at a point on the South line of Tract

  3         21 that is 50 feet West of the East line of

  4         Tract 21, thence Westerly and along the South

  5         line of Tracts 21 and 28 to the Southwest

  6         corner of the East 1/2 of the West 1/2 of Tract

  7         28, together with all that land in Tracts 27

  8         and 28 that lies within 70 feet of said

  9         Southwest corner of the East 1/2 of the West

10         1/2 of Tract 28.

11         (f)  All that land that lies within 25 feet of the

12  following described centerline:

13

14         Beginning at a point that is the Northwest

15         corner of the East 1/2 of Tract 27, thence

16         Southerly and along the West line of the East

17         1/2 of Tract 27, the West line of the East 1/2

18         of Tract 26 and the West line of the East 1/2

19         of Tract 25 to a point that is 120 feet North

20         of the Southwest corner of said East 1/2 of

21         Tract 25, together with all that land in Tract

22         25 that lies within 70 feet of said described

23         point that lies on the West line of the East

24         1/2 of Tract 25, a distance of 120 feet North

25         of said Southwest corner of the East 1/2 of

26         Tract 25.

27         (g)  All that land that lies within 25 feet of the

28  following described centerline:

29

30         Beginning at the Southeast corner of Tract 33,

31         thence Westerly on a line that forms an angle


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    ENROLLED

    1998 Legislature                      HB 4469, First Engrossed



  1         of 90°46'47" in the Northwest Quadrant with the

  2         North-South centerline of the section of said

  3         Section 31, to a point that is 255 feet East of

  4         the West line of said Section 31, less

  5         therefrom the East 50 feet thereof; together

  6         with all that land that lies within 70 feet of

  7         said above described point that lies 255 feet

  8         East of the West line of said Section 31.

  9         (h)  All that land that lies within 25 feet of the

10  following described centerline:

11

12         Beginning at the Southeast corner of Tract 35,

13         thence Westerly on a line that forms an angle

14         of 90°46'43" in the Northwest Quadrant with the

15         North-South centerline of the Section of said

16         Section 31, to a point that is 255 East of the

17         West line of said Section 31, less therefrom

18         the East 50 feet thereof; together with all

19         that land that lies within 70 feet of said

20         above described point that lies 255 feet East

21         of the West line of said Section 31.

22         (i)  All that land that lies within 25 feet of the

23  following described centerline:

24

25         Beginning at a point on the South line of Tract

26         60 that is 50 feet East of the West line of

27         Tract 60, thence Easterly and along the South

28         line of Tracts 60 and 53 to a point on the

29         South line of Tract 53 that is 170 feet West of

30         the East line of Tract 53, together with all

31         that land in Tracts 53 and 54 that lies within


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    ENROLLED

    1998 Legislature                      HB 4469, First Engrossed



  1         70 feet of said described point that lies on

  2         the South line of Tract 53 and is 170 feet West

  3         of the East line of Tract 53.

  4         (j)  All that land that lies within 25 feet of the

  5  following described centerline:

  6

  7         Beginning at a point on the South line of Tract

  8         58 that is 50 feet East of the West line of

  9         Tract 58, thence Easterly and along the South

10         line of Tracts 58 and 55 to a point on the

11         South line of Tract 55 that is 170 feet West of

12         the East line of Tract 55, together with all

13         that land in Tracts 55 and 56 that lies within

14         70 feet of said described point that lies on

15         the South line of Tract 55 and is 170 feet West

16         of the East line of Tract 55.

17         (k)  All that land in Tracts 9, 10, 11, 12, 13, 14, 16,

18  61, 62, 63, and 64 that lies within 50 feet of the North-South

19  center of the Section line of Section 31, Township 50 South,

20  Range 40 East.

21         (l)  All that land that lies within 25 feet of the

22  following described centerline:

23

24         Beginning at a point on the South line of Tract

25         12 that is 50 feet East of the West line of

26         Tract 12, thence, Easterly along the South line

27         of said Tract 12 and the South line of the West

28         1/2 of Tract 5 to the Southeast corner of said

29         West 1/2 of Tract 5, together with all that

30         land in Tracts 5 and 6 that lies within 70 feet

31


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    ENROLLED

    1998 Legislature                      HB 4469, First Engrossed



  1         of the said Southeast corner of the West 1/2 of

  2         Tract 5.

  3         (m)  All that land that lies within 25 feet of the

  4  following described centerline:

  5

  6         Beginning at a point on the South line of Tract

  7         14 that is 50 feet East of the West line of

  8         Tract 14, thence Easterly along the South line

  9         of said Tract 14 and the South line of the West

10         1/2 of Tract 3 to the Southeast corner of said

11         West 1/2 of Tract 3 together with all that land

12         in Tract 4 and in the East 1/2 of Tract 3 that

13         lies within 70 feet of the said Southeast

14         corner of the West 1/2 of Tract 3 and also

15         together with all that land in the West 1/2 of

16         Tract 3 that lies external to an arc in the

17         Southeast quadrant that has a radius of 25 feet

18         and its radius point is located 50 feet North

19         of the South line of the said West 1/2 of Tract

20         3 and 50 feet West of the East line of said

21         West 1/2 of Tract 3.

22         (n)  All that land that lies within 25 feet of the

23  following described centerline:

24

25         Beginning at the Southeast corner of the West

26         1/2 of Tract 3, thence Northerly along the East

27         line of the said West 1/2 of Tract 3 and the

28         East line of the West 1/2 of Tract 2, to the

29         Northeast corner of the said West 1/2 of Tract

30         2, together with all that land in Tracts 1 and

31


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    ENROLLED

    1998 Legislature                      HB 4469, First Engrossed



  1         2 that lies within 70 feet of the said

  2         Northeast corner of the West 1/2 of Tract 2.

  3         (o)  All that land that lies within 25 feet of the

  4  following described centerline:

  5

  6         Beginning at a point on the South line of Tract

  7         10 that is 50 feet East of the West line of

  8         Tract 10, thence Easterly along the South line

  9         of Tract 10 and the South line of Tract 7 to a

10         point that is 398.73 feet West of the Southeast

11         corner of Tract 7, together with all that land

12         in Tracts 7 and 8 that lies within 70 feet of

13         said point.

14         (p)  The East 25 feet of the West 1/2 of Tract 1 less

15  the North 50 feet and less that land that lies within 70 feet

16  of the Southeast corner of the West 1/2 of Tract 1; together

17  with the West 25 feet of the East 1/2 of Tract 1 less the

18  North 50 feet and less that land that lies within 70 feet of

19  the Southwest corner of the East 1/2 of Tract 1.

20         (q)  All that land that lies within 25 feet of the

21  following described centerline:

22

23         Beginning at a point on the South line of Tract

24         7 that is 398.73 feet West of the Southeast

25         corner of Tract 7; thence Easterly along said

26         South line of Tract 7 to a point 150 feet West

27         of the Southeast corner of Tract 7.

28         (10)  Those parts of Section 6, Township 51 South,

29  Range 40 East according to the CHAMBERS LAND COMPANY'S

30  SUBDIVISION thereof recorded in Plat Book 1, Page 5 of the

31


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    ENROLLED

    1998 Legislature                      HB 4469, First Engrossed



  1  Public Records of Broward County, Florida, described as

  2  follows, to wit:

  3         (a)  The West 50 feet of Tracts 13 through 20 in the

  4  Northeast 1/4 of said section; the West 50 feet of Tracts 13

  5  through 20 in the Southeast 1/4 of said section; the East 50

  6  feet of Tracts 1 through 8 in the Northwest 1/4 of said

  7  section; and the East 50 feet of Tracts 1 through 8 in the

  8  Southwest 1/4 of said section.

  9         (b)  The North 50 feet of said section.

10         (c)  That part of the Northeast 1/4 of said section

11  described as follows:

12

13         a 50 foot wide strip of land that lies 25 feet

14         on each side of the following described center

15         line:

16         Beginning at a point on the North line of Tract

17         15 in said Northeast 1/4 that is 50 feet East

18         of the Northwest corner of said Tract 15,

19         thence Easterly along the North line of said

20         Tract 15, through the center of Tracts 12, 11,

21         10 and 9 to the Northwest corner of Tract 3 in

22         said Northeast 1/4, which is a point of

23         termination.

24         (d)  That part of the Northeast 1/4 of said section

25  described as follows:

26

27         a 50 foot wide strip of land that lies 25 feet

28         on each side of the following described center

29         line:

30         Beginning at a point on the West line of Tract

31         4 in said Northeast 1/4 that lies 85 feet South


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    ENROLLED

    1998 Legislature                      HB 4469, First Engrossed



  1         of the Northwest corner of Tract 4, thence

  2         Northerly and along the West line of Tracts 4,

  3         3, 2 and 1, in said Northeast 1/4 to a point on

  4         the West line of said Tract 1 that is 85 feet

  5         North of the Southwest corner of Tract 1, which

  6         is a point of termination, together with all

  7         lands that lie within 70 feet of both the point

  8         of beginning and the point of termination.

  9         (e)  That part of the Northeast 1/4 of said section

10  described as follows:

11

12         a 50 foot wide strip of land that lies 25 feet

13         on each side of the following described center

14         line:

15         Beginning at a point on the North line of Tract

16         18 in said Northeast 1/4 that is 50 feet East

17         of the Northwest corner of Tract 18, thence

18         Easterly along the North line of Tract 18,

19         through Tracts 21, 22, 23 and 24 and along the

20         North line of Tract 6 in said Northeast 1/4 to

21         a point on the North line of Tract 6 that lies

22         170 feet West of the Northeast corner of said

23         Tract 6, said point being the point of

24         termination, together with all lands that lie

25         within 70 feet of the point of termination.

26         (f)  That part of the Northeast 1/4 of said section

27  described as follows:

28

29         a 50 foot wide strip of land that lies 25 feet

30         on each side of the following described

31         centerline:


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    ENROLLED

    1998 Legislature                      HB 4469, First Engrossed



  1         Beginning at a point on the North line of Tract

  2         20 in said Northeast 1/4 that is 50 feet East

  3         of the Northwest corner of Tract 20, thence

  4         Easterly along the North line of Tract 20

  5         through Tracts 21, 22, 23 and 24, then along

  6         the North line of Tract 8 in said Northeast 1/4

  7         to a point on the North line of Tract 8 that

  8         lies 170 feet West of the Northeast corner of

  9         Tract 8, said point being the point of

10         termination, together with all lands that lie

11         within 70 feet of the point of termination.

12         (g)  That part of the Southeast 1/4 of said section

13  described as follows:

14

15         a 50 foot wide strip of land that lies 25 feet

16         on each side of the following described

17         centerline:

18         Beginning at a point on the North line of Tract

19         16 that is 50 feet East of the Northwest corner

20         of said Tract 16, thence Easterly along the

21         North line of said Tract 16 through Tracts 12,

22         11, 10 and 9 and along the North line of Tract

23         4 to a point on the North line of said Tract 4

24         that lies 170 feet West of the Northeast corner

25         of said Tract 4 said point being the point of

26         termination, together with all lands that lie

27         within 70 feet of said point of termination.

28         (h)  That part of the Southeast 1/4 of said section

29  described as follows:

30

31


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    ENROLLED

    1998 Legislature                      HB 4469, First Engrossed



  1         a 50 foot wide strip of land that lies 25 feet

  2         on each side of the following described

  3         centerline:

  4         Beginning at a point on the North line of Tract

  5         19 that is 50 feet East of the Northwest corner

  6         of said Tract 19, thence Easterly along the

  7         North line of said Tract 19 through the center

  8         of Tracts 21, 22, 23 and 24 to the Northwest

  9         corner of said Tract 7 which is the point of

10         termination.

11         (i)  That part of the Southeast 1/4 of said section

12  described as follows:

13

14         a 50 foot wide strip of land that lies 25 feet

15         on each side of the following described

16         centerline:

17         Beginning at a point on the West line of Tract

18         8 that lies 85 feet South of the Northwest

19         corner of said Tract 8 thence Northerly and

20         along the West line of Tracts 8, 7, 6 and 5 to

21         a point on the West line of said Tract 5 that

22         is 85 feet North of the Southwest corner of

23         said Tract 5; said point being the point of

24         termination, together with all lands that lie

25         within 70 feet of both the point of beginning

26         and the point of termination.

27         (j)  That part of the Southwest 1/4 of said section

28  described as follows:

29

30

31


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    ENROLLED

    1998 Legislature                      HB 4469, First Engrossed



  1         a 50 foot wide strip of land that lies 25 feet

  2         on each side of the following described center

  3         line:

  4         Beginning at a point on the North line of Tract

  5         7 that is 50 feet West of the Northeast corner

  6         of said Tract 7, thence Westerly along the

  7         North line of said Tract 7, through the center

  8         of Tracts 24, 23, 22 and 21 to the Northeast

  9         corner of Tract 19 which is the point of

10         termination.

11         (k)  That part of the Southwest 1/4 of said Section

12  described as follows:

13

14         a 50 foot wide strip of land that lies 25 feet

15         on each side of the following described center

16         line:

17         Beginning at a point on the East line of Tract

18         20 that lies 85 feet South of the Northeast

19         corner of said Tract 20, thence Northerly and

20         along the East lines of Tracts 20, 19, 18 and

21         17 to a point on the East line of said Tract 17

22         that is 85 feet North of the Southeast corner

23         of said Tract 17, said point being the point of

24         termination; together with all lands that lie

25         within 70 feet of both the point of beginning

26         and the point of termination.

27         (l)  That part of the Southwest 1/4 of said Section

28  described as follows:

29

30

31


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    ENROLLED

    1998 Legislature                      HB 4469, First Engrossed



  1         A 50 foot wide strip of land that lies 25 feet

  2         on each side of the following described

  3         centerline:

  4         Beginning at a point on the North line of Tract

  5         4 that is 50 feet West of the Northeast corner

  6         of Tract 4, thence Westerly along the North

  7         line of said Tract 4 through Tracts 9, 10, 11

  8         and 12 and along the North line of Tract 16 to

  9         a point on the North line of said Tract 16 that

10         lies 115.38 feet East of the Northwest corner

11         of said Tract 16, said point being the point of

12         termination, together with all lands that lie

13         within 70 feet of the point of termination.

14         (m)  That part of the Southwest 1/4 of said Section

15  described as follows:

16

17         The North 50 feet of the Southwest 1/4 of

18         Section 6, Township 51 South, Range 40 East,

19         together with those lands in the Southwest 1/4

20         and the Northwest 1/4 of said Section 6 that

21         lie within 70 feet of a point that is 25 feet

22         South of the said North line of the Southwest

23         1/4 and 115.38 feet East of the West line of

24         the said Southwest 1/4.

25         (n)  That part of the Northwest 1/4 of said Section

26  described as follows:

27

28         A 50 foot wide strip of land that lies 25 feet

29         on each side of the following described

30         centerline:

31


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    ENROLLED

    1998 Legislature                      HB 4469, First Engrossed



  1         Beginning at a point that is the center of the

  2         South Line of Tract 20, thence Northerly

  3         through the middle of said Tracts 20, 19, 18,

  4         17, 16, 15, 14, and 13 to a point that is

  5         115.38 feet South of the North line of said

  6         Tract 13, together with all lands that lie

  7         within 70 feet of said point.

  8         (o)  That part of the Northwest 1/4 of said Section

  9  described as follows:

10

11         A 50 foot wide strip of land that lies 25 feet

12         on each side of the following described

13         centerline:

14         Beginning at a point that is the Southeast

15         corner of Tract 21, thence Northerly along the

16         East line of said Tract 21 to a point that is

17         90.38 feet South of the North line of said

18         Tract 21, together with all lands that lie

19         within 70 feet of said point.

20         Section 70.  Broward County responsible for operation

21  and maintenance of roadways within lands described in section

22  69.--Pursuant to the provisions of chapters 335 and 336,

23  Florida Statutes, Broward County shall, from October 1, 1992,

24  be the governmental entity responsible for operation and

25  maintenance of all roads within the lands described in section

26  63 and located within the right-of-way described in section

27  69, said roads to be part of the Broward County road system.

28         Section 71.  Bailey Drainage District rules,

29  resolutions, and regulations, to continue and remain in full

30  force and effect.--All existing rules, resolutions, and

31  regulations of the Bailey Drainage District not in conflict


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    ENROLLED

    1998 Legislature                      HB 4469, First Engrossed



  1  with the provisions of this act, shall continue and remain in

  2  full force and effect unless and until they are properly

  3  repealed or revised by the South Broward Drainage District.

  4         Section 72.  South Broward Drainage District to have

  5  all of its power and authority and jurisdiction over lands

  6  described in section 63.--Commencing on October 1, 1992, the

  7  South Broward Drainage District shall have all of the powers

  8  and authority and jurisdiction over and within the territory

  9  described in section 63 hereof and of the inhabitants thereof

10  and the property located therein as it had over and within its

11  boundaries prior to October 1, 1992; and all of the laws,

12  regulations, and resolutions of or pertaining to the South

13  Broward Drainage District shall apply to and have the same

14  force and effect on all the territory described in section 63

15  as if such territory had been a part of said South Broward

16  Drainage District at the time of passage and approval of such

17  laws, regulations, and resolutions.

18         Section 73.  Rights of parties to contracts with Bailey

19  Drainage District not affected or abrogated.--Nothing in this

20  act shall be construed to affect or abrogate the rights of

21  parties to any contracts, whether the same be between Bailey

22  Drainage District and a third party or between nongovernmental

23  entities which contracts were in effect prior to October 1,

24  1992.

25         Section 74.  Record certified copy of act.--A certified

26  copy of this act shall be recorded in the Broward County

27  Public Records by the South Broward Drainage District.

28         Section 3.  Chapter 12049, Laws of Florida, 1927;

29  chapter 13657, Laws of Florida, 1929; chapter 13658, Laws of

30  Florida, 1929; chapter 14734, Laws of Florida, 1931; chapter

31  16038, Laws of Florida, 1933; chapter 16039, Laws of Florida,


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CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    1998 Legislature                      HB 4469, First Engrossed



  1  1933; chapter 16040, Laws of Florida, 1933; chapter 30420,

  2  Laws of Florida, 1955; chapter 59-650, Laws of Florida;

  3  chapter 63-1191, Laws of Florida; chapter 65-1326, Laws of

  4  Florida; chapter 67-904, Laws of Florida; chapter 70-484, Laws

  5  of Florida; chapter 70-550, Laws of Florida; chapter 86-357,

  6  Laws of Florida; chapter 89-430, Laws of Florida; chapter

  7  92-244, Laws of Florida; chapter 93-369, Laws of Florida; and

  8  chapter 96-540, Laws of Florida, are repealed.

  9         Section 4.  In the event of a conflict of the

10  provisions of this act with the provisions of any other act,

11  the provisions of this act shall control to the extent of such

12  conflict.

13         Section 5.  In the event any section or provision of

14  this act is determined to be invalid or unenforceable, such

15  determination shall not affect the validity of or

16  enforcibility of each other section and provision of this act.

17         Section 6.  This act shall take effect October 1 of the

18  year in which enacted.

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