House Bill 1509

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    Florida House of Representatives - 2000                HB 1509

        By Representative C. Green






  1                      A bill to be entitled

  2         An act relating to the East County Water

  3         Control District in Hendry and Lee Counties;

  4         providing for codification of special laws

  5         relating to the East County Water Control

  6         District pursuant to s. 189.429, F.S.;

  7         providing legislative intent; codifying,

  8         reenacting, and amending chapters 63-1549,

  9         65-1824, 67-901, 70-498, 74-525, 80-525,

10         81-412, 83-445, 85-445, 86-460, 87-477, 88-509,

11         90-393, 93-309, and 98-460, Laws of Florida;

12         providing for creation, status, charter

13         amendments, and boundaries of the district;

14         providing for installment assessments and

15         collection thereof; providing for maintenance

16         assessments and collection thereof; providing

17         for a Board of Supervisors; providing for the

18         election of district supervisors; providing

19         election procedures; providing for

20         qualification by candidates for district

21         supervisor; providing for organization of the

22         board of supervisors; authorizing the board of

23         supervisors to employ a General Manager of the

24         district; providing powers and duties of the

25         Board of Supervisors; specifying methods for

26         assessing and collecting non-ad valorem

27         assessments, fees, and service charges;

28         providing for district planning requirements;

29         specifying requirements for financial

30         disclosure, meeting notices, reporting, public

31         records maintenance, and per diem expenses;

                                  1

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  1         making District bonds tax exempt and payable

  2         within 40 years; providing for electronic

  3         assessment records; authorizing the Board of

  4         Supervisors to exercise special powers relating

  5         to public improvements and community

  6         facilities; providing for construction of the

  7         act; providing severability; repealing chapters

  8         63-1549, 65-1824, 67-901, 70-498, 74-525,

  9         80-525, 81-412, 83-445, 85-445, 86-460, 87-477,

10         88-509, 90-393, 93-309, and 98-460, Laws of

11         Florida; providing an effective date.

12

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

14

15         Section 1.  Intent.--Pursuant to section 189.429,

16  Florida Statutes, this act constitutes the codification of all

17  special acts relating to the East County Water Control

18  District.  It is the intent of the Legislature in enacting

19  this law to provide a single, comprehensive special act

20  charter for the district, including all current legislative

21  authority granted to the district by its several legislative

22  enactments and any additional authority granted by this act

23  and chapters 189 and 298, Florida Statutes, as amended from

24  time to time.  It is further the intent of this act to

25  preserve all district authority as set forth in this act, and

26  chapters 189 and 298, Florida Statutes, and any other

27  applicable general or special law.

28         Section 2.  Codification.--Chapters 63-1549, 65-1824,

29  67-901, 70-498, 74-525, 80-525, 81-412, 83-445, 85-445,

30  86-460, 87-477, 88-509, 90-393, 93-309, and 98-460, Laws of

31  Florida, relating to the East County Water Control District,

                                  2

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  1  are codified, reenacted, amended, and repealed as provided

  2  herein.

  3         Section 3.  The East County Water Control District is

  4  re-created and the charter for said district is re-created and

  5  reenacted to read:

  6         Section 1.  Creation; Status; Charter amendments;

  7  District boundaries.--

  8         (1)  The decree of the circuit court in and for the

  9  twelfth (12th) judicial circuit, Lee County, entered in

10  chancery no. 12,429 on May 5, 1958, created the East County

11  Water Control District, and the subsequent decree of the

12  circuit court in and for the twelfth (12th) judicial circuit,

13  Lee County, extended the boundaries of said District to

14  include additional lands in Lee County and Hendry County, said

15  decree being entered in chancery no. 12,429 on May 26, 1961,

16  together with all subsequent proceedings taken in said circuit

17  court concerning said District which were ratified, confirmed,

18  and approved by special act of the Legislature in 1963. The

19  East County Water Control District is therefore declared to

20  exist.

21         (2)  The boundaries of the District are hereby declared

22  to be as follows:

23

24         LANDS IN LEE COUNTY, FLORIDA

25

26             TOWNSHIP 43 SOUTH, RANGE 26 EAST

27

28         SECTION 25:

29

30         The following portions of Section 25;

31

                                  3

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  1         The East 1/2 of the Northeast 1/4 of the

  2         Northeast 1/4, together with

  3

  4         The Northeast 1/4 of the Southeast 1/4 of the

  5         Northeast 1/4.

  6

  7             TOWNSHIP 43 SOUTH, RANGE 27 EAST

  8

  9         SECTION 19:

10

11         Commencing at the Southeast corner of

12         Government Lot 5 of said Section 19, said point

13         also being the South 1/4 Section Corner of said

14         Section 19; thence North 89° 32' 09" West along

15         the South line of said Section 19, a distance

16         of 941.16 feet to the POINT OF BEGINNING of

17         this description; thence North 00° 33' 49"

18         West, a distance of 961.01 feet to the

19         Southerly United States Government Easement

20         line of the Caloosahatchee River; thence

21         continuing North 00° 33' 48" West, a distance

22         of 90 feet, more or less, to the Southerly

23         waters edge of the said Caloosahatchee River;

24         thence Southwesterly along the meanders of said

25         Southerly waters edge of the Caloosahatchee

26         River, a distance of 780 feet, more or less;

27         thence South 00° 33' 48" East, a distance of 50

28         feet, more or less, to the said Southerly

29         United States Government Easement line of the

30         Caloosahatchee River; thence continuing South

31         00° 33' 48" East, a distance of 578.75 feet to

                                  4

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  1         the said South line of Section 19; thence South

  2         89° 32' 09" East along the said South line of

  3         Section 19 to the POINT OF BEGINNING, LESS the

  4         Easterly 35.80 feet of the above described

  5         parcel.

  6

  7         SECTION 30:

  8

  9         The following portions of Section 30;

10

11         That portion of the West 1/2 of said Section 30

12         lying North of State Road 80, LESS the West

13         118.40 feet thereof.

14

15         That portion of the Northwest 1/4 of the

16         Northwest 1/4 of Section 30 lying North of

17         State Road 80.

18

19         That portion of Section 30 lying South of the

20         Southerly Right-of-Way line of State Road 80,

21         LESS the West 200.00 feet of said Section 30

22         lying South of Hickey's Creek,

23

24         AND LESS lots 18 thru 28, Lots 31 and 32, Lots

25         37 and 38, Lots 41 thru 44 all as shown on Pine

26         Creek Acres, Unit No. 1 as recorded in Plat

27         Book 10, Page 13 of the Public Records of Lee

28         County, Florida.

29

30         AND LESS Lot 1, Lots 23 and 24, Lots 27 and 28,

31         the 50 foot Right-of-Way for Dixie Lane and

                                  5

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  1         that portion of the 50 foot Right-of-Way for

  2         Pine Boulevard lying Easterly of a line

  3         connecting the Northeast corner of Lot 92 with

  4         the Southeast corner of Lot 35 all as shown on

  5         Pine Creek Acres, Unit No. 2 as recorded in

  6         Plat Book 10, Page 74 of the said Public

  7         Records,

  8

  9         AND LESS the following described parcel;

10

11         BEGINNING at the Northeast corner of Pine Creek

12         Acres, Unit No. 1 as recorded in Plat Book 10,

13         Page 13 of the said Public Records; thence

14         South 00° 56' 00" East along the East line of

15         said Pine Creek Acres, Unit No. 1 and the

16         Southerly projection thereof, a distance of

17         223.86 feet; thence North 89° 35' 20" East, a

18         distance of 166.20 feet; thence North 00° 24'

19         40" West, a distance of 203.00 feet to the said

20         Southerly Right-of-Way line of State Road 80;

21         thence North 82° 54' 00" West along the said

22         Southerly Right-of-Way line of State Road 80 to

23         the POINT OF BEGINNING,

24

25         AND LESS the following described parcel;

26

27         Commencing at the said Northeast corner of Pine

28         Creek Acres, Unit No. 1; thence South 00° 56'

29         00" East along the said East line of Pine Creek

30         Acres, Unit No. 1 and the Southerly projection

31         thereof, a distance of 223.86 feet; thence

                                  6

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  1         North 89° 35' 20" East, a distance of 166.20

  2         feet; thence North 00° 24' 40" West, a distance

  3         of 203.00 feet to the said Southerly

  4         Right-of-Way line of State Road 80, thence

  5         South 82° 54' 00" East along the said Southerly

  6         Right-of-Way line of State Road 80, a distance

  7         of 137.61 feet to the POINT OF BEGINNING of

  8         this description; thence South 00° 24' 40"

  9         East, a distance of 237.58 feet; thence North

10         89° 35' 20" East, a distance of 209.19 feet;

11         thence South 00° 24' 40" East, a distance of

12         918.16 feet; thence North 89° 35' 20" East, a

13         distance of 420.00 feet; thence North 00° 24"

14         40" West, a distance of 1069.39 feet to the

15         said Southerly Right-of-Way line of State Road

16         80; thence Northwesterly along the said

17         Southerly Right-of-Way line of State Road 80 to

18         the POINT OF BEGINNING,

19

20         AND LESS the following described parcel;

21

22         BEGINNING at the intersection of the East line

23         of the Northwest 1/4 of the Northeast 1/4 of

24         said Section 30 and the said Southerly

25         Right-of-Way line of State Road 80; thence

26         South 00° 24' 40" East along the East line of

27         the West 1/2 of the Northeast 1/4 of said

28         Section 30 to a point which is South 00° 24'

29         40" East, a distance of 129.00 feet from the

30         Northwest corner of the Southeast 1/4 of the

31         Northeast 1/4 of said Section 30; thence South

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  1         89° 41' 55" East along a line parallel with the

  2         North line of the said Southeast 1/4 of the

  3         Northeast 1/4, a distance of 337.00 feet;

  4         thence North 00° 24' 40" West to the said

  5         Southerly Right-of-Way line of State Road 80;

  6         thence North 81° 08' 00" West along the said

  7         Southerly Right-of-Way line of State Road 80 to

  8         the POINT OF BEGINNING.

  9

10         SECTION 31:

11

12         The following portions of Section 31;

13

14         The West 1/2, together with

15

16         The West 1/2 of the Southeast 1/4, together

17         with

18

19         The Southeast 1/4 of the Southeast 1/4,

20         together with

21

22         The Southwest 1/4 of the Northeast 1/4,

23         together with

24

25         The Southwest 1/4 of the Northwest 1/4 of the

26         Northeast 1/4, together with

27

28         The Northeast 1/4 of the Northeast 1/4 of the

29         Northeast 1/4.

30

31         SECTION 36:

                                  8

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  1

  2         The East 1/2 of Section 36, LESS the Northwest

  3         1/4 of the Northeast 1/4 thereof.

  4

  5             TOWNSHIP 44 SOUTH, RANGE 26 EAST

  6

  7         SECTION 1-3:

  8

  9         All of Sections 1, 2 and 3.

10

11         SECTION 4:

12

13         The East 1/2 of Section 4.

14

15         SECTION 10:

16

17         The following portions of Section 10;

18

19         The East 1/2 of the Southeast 1/4, together

20         with

21

22         The Northwest 1/4 of the Southeast 1/4.

23

24         SECTIONS 11-14:

25

26         All of Sections 11, 12, 13 and 14.

27

28         SECTION 15:

29

30         The East 1/2 of the East 1/2 of Section 15.

31

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  1         SECTION 16:

  2

  3         The following portions of Section 16;

  4

  5         All of Units 1 through 5 of "Lehigh Acres" as

  6         recorded in Plat Book 27, Page 186 of the

  7         Public Records of Lee County, Florida together

  8         with,

  9

10         Lot 16, Block 36 of "Buckingham Park, Northwest

11         Section" as recorded in Plat Book 9, Page 92 of

12         the said Public Records.

13

14         SECTION 19:

15

16         The following portions of Section 19;

17

18         The Southeast 1/4, together with

19

20         That portion of the Northeast 1/4 of said

21         Section 19 lying South of Buckingham Road.

22

23         SECTION 20:

24

25         The following portions of Section 20;

26

27         The South 1/2, together with

28

29         That portion of the North 1/2 of said Section

30         20 lying South of Buckingham Road.

31

                                  10

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  1         SECTION 21:

  2

  3         The following portions of "Buckingham Park,

  4         South Section" as recorded in Plat Book 9, Page

  5         99 of the said Public Records being in Section

  6         21;

  7

  8         Lots 3 through 10 of Block 40,

  9

10         Lots 1 and 3 of Block 38,

11

12         Lot 28 of Block 29,

13

14         The North 40 feet of Lot 29 of Block 29,

15

16         All of Tract "D",

17

18         All of Block "E"

19

20         together with,

21

22         the Re-subdivision of that portion of Block "E"

23         of said "Buckingham Park, South Section" as

24         replatted on "Plat of Unit 3 Lehigh Park, a

25         Subdivision of Lehigh Acres" as recorded in

26         Plat Book 15, Page 66 of the said Public

27         Records, together with

28

29         That portion of said Section 21 lying

30         Southwesterly of the centerline of a 60 foot

31

                                  11

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  1         easement as described in Miscellaneous Book 32,

  2         Page 335 of the said Public Records.

  3

  4         SECTION 22:

  5

  6         That portion of Section 22 lying South and

  7         Southwesterly of Homestead Road as shown on

  8         Plat of "Buckingham Park Entrance Roads" as

  9         recorded in Plat Book 9, Page 97 of the said

10         Public Records.

11

12         SECTIONS 23-29:

13

14         All of Sections 23, 24, 25, 26, 27, 28 and 29.

15

16         SECTION 30:

17

18         The following portions of Section 30;

19

20         The South 1/2, together with

21

22         The Northeast 1/4, together with

23

24         The South 100 feet of the North 1/2.

25

26         SECTION 31:

27

28         That portion of said Section 31 lying

29         Northeasterly of State Road 82.

30

31         SECTIONS 32-36:

                                  12

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  1

  2         All of Sections 32, 33, 34, 35 and 36.

  3

  4             TOWNSHIP 44 SOUTH, RANGE 27 EAST

  5

  6         SECTION 1:

  7

  8         All of Section 1.

  9

10         SECTION 2:

11

12         All of Section 2, LESS the Northwest 1/4 of the

13         Northwest 1/4 thereof.

14

15         SECTION 3:

16

17         All of Section 3, LESS the Northeast 1/4

18         thereof,

19

20         AND LESS the East 1/2 of the Northwest 1/4

21         thereof.

22

23         SECTIONS 4-6:

24

25         All of Sections 4, 5 and 6.

26

27         SECTION 7:

28

29         The following portions of Section 7;

30

31         The South 1/2, together with

                                  13

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  1

  2         The Northwest 1/4, together with

  3

  4         The Southwest 1/4 of the Northeast 1/4,

  5         together with

  6

  7         The North 1/2 of the Northeast 1/4, together

  8         with

  9

10         The North 854 feet of the East 466 feet of the

11         Southeast 1/4 of the Northeast 1/4.

12

13         SECTION 8:

14

15         The following portions of Section 8;

16

17         The South 1/2, together with

18

19         The Northwest 1/4 of the Northeast 1/4,

20         together with

21

22         The West 1/2 of the Northeast 1/4, together

23         with

24

25         The East 3/4 of the Southeast 1/4 of the

26         Northwest 1/4.

27

28         SECTION 9:

29

30         All of said Section 9, LESS the Southwest 1/4

31         of the Northeast 1/4 thereof.

                                  14

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  1

  2         SECTIONS 10-36:

  3

  4         All of Sections 10, 11, 12, 13, 14, 15, 16, 17,

  5         18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29,

  6         30, 31, 32, 33, 34, 35 and 36.

  7

  8             TOWNSHIP 45 SOUTH, RANGE 26 EAST

  9

10         SECTIONS 1-3:

11

12         All of Section 1, 2 and 3.

13

14         SECTION 4:

15

16         All that portion of Section 4 lying North of

17         State Road 82.

18

19         SECTION 5:

20

21         All that portion of Section 5 lying North of

22         State Road 82.

23

24         SECTION 6:

25

26         All that portion of Section 6 lying North of

27         State Road 82.

28

29         SECTION 9:

30

31

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  1         All that portion of Section 9 lying North of

  2         State Road 82.

  3

  4         SECTION 10:

  5

  6         All that portion of Section 10 lying North of

  7         State Road 82.

  8

  9         SECTION 11:

10

11         All that portion of Section 11 lying North of

12         State Road 82.

13

14         SECTION 12:

15

16         All of Section 12.

17

18         SECTION 13:

19

20         All that portion of Section 13 lying North of

21         State Road 82.

22

23         SECTION 14:

24

25         All that portion of Section 14 lying North of

26         State Road 82.

27

28             TOWNSHIP 45 SOUTH, RANGE 27 EAST

29

30         SECTIONS 1-2:

31

                                  16

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  1         All of Sections 1 and 2.

  2

  3         SECTION 3:

  4

  5         The following portions of Section 3;

  6

  7         The South 1/2, together with

  8

  9         The Northeast 1/4, together with

10

11         The East 1/2 of the Northwest 1/4, together

12         with the following described parcel;

13

14         Commencing at the Northeast corner of

15         Government Lot 4 of said Section 3; thence

16         Southerly along the East line of said

17         Government Lot 4, a distance of 631.60 feet to

18         the POINT OF BEGINNING of this description;

19         thence continue Southerly along the said East

20         line of Government Lot 4, a distance of 315.90

21         feet; thence Westerly, a distance of 660.00

22         feet; thence Northerly along a line parallel

23         with the said East line of Government Lot 4, a

24         distance 315.90 feet; thence Easterly, a

25         distance of 660.00 feet to the POINT OF

26         BEGINNING, Together with the following

27         described parcel:

28

29         Commencing at the Northeast corner of said

30         Government Lot 4 of Section 3; thence Southerly

31         along the East line of said Government Lot 4, a

                                  17

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  1         distance of 157.90 feet to the POINT OF

  2         BEGINNING of this description; thence continue

  3         Southerly along the said Easterly line of

  4         Government Lot 4, a distance of 315.80 feet;

  5         thence Westerly, a distance of 330.00 feet;

  6         thence Northerly, a distance of 315.80 feet;

  7         thence Easterly, a distance of 330.00 feet to

  8         the POINT OF BEGINNING, Together with the

  9         following described parcel:

10

11         Commencing at the Northwest corner of said

12         Government Lot 4; thence Southerly along the

13         West line of said Section 3, a distance of

14         631.60 feet to the POINT OF BEGINNING of this

15         description; thence Easterly, a distance of

16         660.00 feet; thence Southerly, a distance of

17         315.90 feet; thence Westerly, a distance of

18         660.00 feet; thence Northerly, a distance of

19         315.90 feet to the POINT OF BEGINNING,

20

21         Together with the following described parcel:

22

23         Commencing at the Northwest corner of Section

24         3; thence North 89° 15' 00" East along the

25         North line of said Section 3, a distance of

26         1326.37 feet to the Northeast corner of

27         Government Lot 4 of said Section 3; thence

28         South 01° 02' 02" East along the East line of

29         said Government Lot 4, a distance of 473.70

30         feet to the POINT OF BEGINNING of this

31         description; thence continuing South 01° 02'

                                  18

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  1         02" East, a distance of 157.90 feet; thence

  2         South 89° 15' 05" West, a distance of 330.00

  3         feet, thence North 00° 32' 28" West, a distance

  4         of 157.90 feet; thence North 89° 15' 03" East,

  5         a distance of 330.00 feet to the said East line

  6         of Government Lot 4 and the POINT OF BEGINNING,

  7

  8         Together with the following described parcel:

  9

10         Commencing at the Northwest corner of Section

11         3;

12

13         thence South 00° 02' 50" East along the West

14         line of said Section 3, a distance of 947.50

15         feet to the POINT OF BEGINNING of this

16         description; thence North 89° 15' 10" East, a

17         distance of 1342.70 feet; thence South 01° 02'

18         07" East, a distance of 631.80 feet; thence

19         South 89° 15' 15" West, a distance of 676.80

20         feet; thence South 00° 32' 28" East, a distance

21         of 928.52 feet to a point on the East/West 1/4

22         Section line of said Section 3; thence North

23         89° 54' 56" West along the said East/West 1/4

24         Section line of Section 3, a distance of 684.84

25         feet to the West 1/4 corner of said Section 3;

26         thence North 00° 02' 50" West along the West

27         line of said Section 3, a distance of 1550.46

28         feet to the POINT OF BEGINNING.

29

30         SECTION 4:

31

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  1         All of Section 4, LESS the Southeast 1/4 of the

  2         Southeast 1/4 thereof,

  3

  4         AND LESS the South 1/2 of the Northeast 1/4 of

  5         the Southeast 1/4 of said Section 4.

  6

  7         AND LESS the South 1/2 of the Northeast 1/4 of

  8         the Northeast 1/4 of the Southeast 1/4 of said

  9         Section 4,

10

11         AND LESS the Northwest 1/4 of the Northeast 1/4

12         of the Southeast 1/4 of said Section 4.

13

14         SECTION 5:

15

16         The following portions of Section 5;

17

18         The Northwest 1/4, together with

19

20         The East 3/4 of the North 1/2 of the Southwest

21         1/4, together with The South 1/2 of the

22         Southwest 1/4, together with

23

24         The Southwest 1/4 of the Southeast 1/4 LESS the

25         South 175 feet of the East 125 feet thereof,

26         together with The following described parcel

27         being in the Northeast 1/4 of the Northeast 1/4

28         of said Section 5; Commencing at the Northeast

29         corner of said Section 5; thence Westerly along

30         the North line of said Section 5, said North

31         line of Section 5 being the South line of Units

                                  20

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  1         7 and 18 of "Leeland Heights" as shown on plat

  2         recorded in Plat Book 12, Page 53 of the said

  3         Public Records, a distance of 116.51 feet to

  4         the Southwest corner of Lot 10 of Block 87 of

  5         said "Leeland Heights" and the POINT OF

  6         BEGINNING of this description; thence

  7         continuing Westerly along the said North line

  8         of Section 5, a distance of 1208.55 feet to the

  9         Northwest corner of the Northeast 1/4 of the

10         Northeast 1/4 of said Section 5; thence South

11         01° 35' 34" East along the West line of the

12         said Northeast 1/4 of the Northeast 1/4 of

13         Section 5, a distance of 1149.72 feet; thence

14         Easterly along a line parallel with the said

15         North line of Section 5, a distance of 1268.07

16         feet to a point of intersection with a line

17         parallel with and 60 feet Westerly of (as

18         measured at right angles) the East line of said

19         Section 5; thence North 01° 44' 40" West along

20         said parallel line, a distance of 1089.78 feet

21         to a point of intersection with a line parallel

22         with and 60 feet Southerly of (as measured at

23         right angles) the said North line of Section 5;

24         thence Westerly along said line parallel with

25         and 60 feet Southerly of the North line of

26         Section 5, a distance of 58.31 feet to a point

27         of intersection with the Southerly prolongation

28         of the West line of said Lot 10 of Block 87 of

29         "Leeland Heights"; thence Northerly along said

30         Southerly prolongation, a distance of 60.00

31         feet to the POINT OF BEGINNING.  Bearings in

                                  21

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  1         last described parcel relative to said Plat of

  2         Units 7 and 18 of "Leeland Heights".

  3

  4         SECTION 6:

  5

  6         All of Section 6, LESS the Northwest 1/4 of the

  7         Southwest 1/4 of the Northeast 1/4 thereof;

  8

  9         AND LESS the South 1/2 of the Northeast 1/4 of

10         the Southwest 1/4 of the Northeast 1/4 of said

11         Section 6,

12

13         AND LESS the South 1/2 of the Southeast 1/4 of

14         the Northwest 1/4 of the Northeast 1/4 of said

15         Section 6,

16

17         AND LESS the South 1/2 of the Southwest 1/4 of

18         the Northwest 1/4 of the Northeast 1/4 of said

19         Section 6,

20

21         AND LESS the North 1/2 of the Northeast 1/4 of

22         the Northwest 1/4 of the Northeast 1/4 of said

23         Section 6,

24

25         AND LESS the following described parcel,

26

27         BEGINNING at the Southwest corner of Government

28         Lot 5 of said Section 6; thence Northerly along

29         the West line of said Government Lot 5, a

30         distance of 466.70 feet; thence Easterly along

31         a line parallel with the South line of said

                                  22

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  1         Government Lot 5, a distance of 466.70 feet;

  2         thence Southerly along a line parallel with the

  3         said West line of Government Lot 5, a distance

  4         of 466.70 feet; thence Westerly along the South

  5         line of said Government Lot 5, a distance of

  6         466.70 feet to the POINT OF BEGINNING.

  7

  8         SECTION 7:

  9

10         All of Section 7.

11

12         SECTION 8:

13

14         All of Section 8, LESS the Southwest 1/4 of the

15         Southeast 1/4 thereof.

16

17         SECTION 9:

18

19         The following portions of Section 9;

20

21         The West 1/2 of the Southwest 1/4, together

22         with

23

24         The Southeast 1/4, together with

25

26         The West 1/2 of the Northeast 1/4, together

27         with

28

29         The Southeast 1/4 of the Northeast 1/4.

30

31         SECTIONS 10-17:

                                  23

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  1

  2         All of Sections 10, 11, 12, 13, 14, 15, 16 and

  3         17.

  4

  5         SECTION 18:

  6

  7         All of Section 18, LESS the 200 foot

  8         Right-of-Way for State Road 82 thereof,

  9

10         AND LESS the Westerly 25 feet of that portion

11         of said Section 18 lying Northerly of said

12         State Road 82, said 25 foot strip as conveyed

13         to Lee County for roadway purposes by deed

14         recorded in Official Record Book 147, Page 73

15         of the said Public Records of Lee County.

16

17         SECTION 19:

18

19         All of Section 19, LESS the 200 foot

20         Right-of-Way for State Road 82 thereof,

21

22         AND LESS the following described parcel,

23         BEGINNING at the Northeast corner of said

24         Section 19; thence South 00° 34' 00" East along

25         the East line of said Section 19 to the East

26         1/4 Section corner of said Section 19; thence

27         South 89° 53' 40" West along the East/West 1/4

28         Section line of said Section 19, a distance of

29         1479.38 feet; thence North 00° 39' 20" West

30         along a line parallel with and 156.00 feet

31         Westerly of (as measured at right angles) the

                                  24

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  1         West line of the East 1/2 of the Northeast 1/4

  2         of said Section 19, a distance of 2019.77 feet

  3         to a point of intersection with the

  4         Southwesterly Right-of-Way line of said State

  5         Road 82; thence South 64° 06' 00" East along

  6         the said Southwesterly right-of-Way line of

  7         State Road 82, a distance of 174.40 feet to a

  8         point of intersection with the said West line

  9         of the East 1/2 of the Northeast 1/4 of Section

10         19; thence North 00° 39' 20" West along the

11         said West line of the East 1/2 of the Northeast

12         1/4 of Section 19, a distance of 223.58 feet to

13         a point of intersection with the Northeasterly

14         Right-of-Way line of State Road 82; thence

15         North 64° 06' 00" West along the said

16         Northeasterly Right-of-Way line of State Road

17         82, a distance of 400.00 feet; thence North 49°

18         30' 50" East, a distance of 465.93 feet to the

19         Northwest corner of the said East 1/2 of the

20         Northeast 1/4 of Section 19; thence North 89°

21         55' 00" East along the North line of said

22         Section 19, a distance of 1327.50 feet to the

23         POINT OF BEGINNING.

24

25         SECTION 20:

26

27         All of Section 20, LESS the 200 foot

28         Right-of-Way for State Road 82 thereof,

29

30         AND LESS the following described parcel,

31         BEGINNING at the Northwest corner of said

                                  25

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  1         Section 20; thence North 89° 15' 50" East along

  2         the North line of said Section 20, a distance

  3         of 227.46 feet; thence South 00° 34' 00" East

  4         along a line parallel with the West line of

  5         said Section 20, a distance of 1516.82 feet to

  6         a point of intersection with the Northerly

  7         Right-of-Way line of State Road 82; thence

  8         North 49° 52' 20" West along the said Northerly

  9         Right-of-Way line of State Road 82, a distance

10         of 300.00 feet to a point of intersection with

11         the West line of said Section 20; thence North

12         00° 34' 00" East along the said West line of

13         Section 20 to the POINT OF BEGINNING

14

15         AND LESS the following described parcel,

16         BEGINNING at the intersection of the

17         Southwesterly Right-of-Way line of State Road

18         82 and the South line of said Section 20;

19         thence North 24° 51' 40" West along the said

20         Southwesterly Right-of-Way line of State Road

21         82, a distance of 1000.00 feet; thence South

22         32° 24' 30" West, a distance of 1081.39 feet to

23         a point of intersection with the said South

24         line of Section 20; thence North 89° 40' 40"

25         East along the said South line of Section 20, a

26         distance of 1000.00 feet to the POINT OF

27         BEGINNING.  Last described parcel being

28         recorded in Deed Book 306, Page 153 of the said

29         Public Records of Lee County.

30

31         SECTIONS 21-26:

                                  26

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  1

  2         All of Sections 21, 22, 23, 24, 25 and 26.

  3

  4         SECTION 27:

  5

  6         All of Section 27 lying NORTH of State Road 82.

  7

  8         SECTION 28:

  9

10         All of Section 28 lying North of State Road 82.

11

12         SECTION 29:

13

14         All of Section 29 lying North of State Road 82.

15

16         SECTION 34:

17

18         All of Section 34 lying North of State Road 82.

19

20         SECTION 35:

21

22         All of Section 35 lying North of State Road 82.

23

24         SECTION 36:

25

26         All of Section 36 LESS the 200 foot

27         Right-of-Way for State Road 82 thereof.

28

29         LANDS IN HENDRY COUNTY, FLORIDA.

30

31             TOWNSHIP 43 SOUTH, RANGE 28 EAST

                                  27

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  1

  2         SECTION 30:

  3

  4         The following portions of Section 30;

  5

  6         The West 400.00 feet of the Southwest 1/4 less

  7         the right-of-way for State Road 80, together

  8         with

  9

10         The parcel commencing at the West 1/4 corner of

11         Section 30; thence along the West Section line

12         North 01° 01' 11"  West, a distance of 164.01

13         feet to the North right-of-way line of State

14         Road 80 and the POINT OF BEGINNING; thence

15         continuing North 01° 01' 11" West, a distance

16         of 1156.17 feet to the South Right-of-Way line

17         for the Caloosahatchee River (C-43 canal);

18         thence along said South Right-of-Way line North

19         78° 07' 28" East, a distance of 162.92 feet;

20         thence South 01° 01' 11" East, a distance of

21         415.55 feet; thence South 45° 02' 36" East, a

22         distance of 345.35 feet; thence South 01° 01'

23         11" East, a distance of 520.42 feet to the

24         North Right-of-Way for State Road 80; thence

25         along said right-of-way South 88° 36' 43" West,

26         a distance of 400.00 feet to the POINT OF

27         BEGINNING

28

29         SECTION 31:

30

31         The following portions of Section 31;

                                  28

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  1

  2         The Southeast 1/4 of the Northwest 1/4,

  3         together with

  4

  5         The East 1/2 of the Southwest 1/4, together

  6         with,

  7

  8         The South 185.00 feet of the North 1/2 of the

  9         Northwest 1/4 less the West 1189.24 feet of the

10         East 1439.25 feet of the South 25.00 feet

11         thereof;

12

13         Together with the West 660.76 feet of the North

14         30.00 feet of the Southwest 1/4 of the

15         Northwest 1/4,

16

17         Together with the West 400.00 feet of the

18         Northwest 1/4 of the Northwest 1/4.

19

20             TOWNSHIP 44 SOUTH, RANGE 28 EAST

21

22         SECTION 6:

23

24         The West 1/2 of Section 6.

25

26         SECTION 7:

27

28         The West 1/2 of Section 7.

29

30         SECTION 18:

31

                                  29

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  1         The West 1/2 of Section 18.

  2

  3         SECTION 19:

  4

  5         The West 1/2 of Section 19.

  6

  7         SECTION 30:

  8

  9         The West 1/2 of Section 30.

10

11         SECTION 31:

12

13         The West 1/2 of Section 31.

14

15         Section 2.  Installment assessments and the collection

16  thereof.--Annual installment assessments, which are levied

17  under section 298.36, Florida Statutes, shall become due and

18  be collected during each year at the same time that county

19  taxes are due and collected, pursuant to section 298.36,

20  Florida Statutes, chapter 197, Florida Statutes, and this act.

21  Said assessments shall be a lien until paid on the property

22  against which assessed, and enforceable in like manner as

23  county taxes.

24         Section 3.  Maintenance assessments.--Maintenance

25  assessments as provided for under section 298.54, Florida

26  Statutes, shall be apportioned upon the basis of the net

27  assessments of benefits assessed as accruing from original

28  construction, and shall be due and collected pursuant to

29  section 298.54, Florida Statutes, chapter 197, Florida

30  Statutes, and this act. Said assessments shall be a lien until

31

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  1  paid on the property against which assessed and enforceable in

  2  like manner as county taxes.

  3         Section 4.  Board of Supervisors; elections; candidate

  4  qualifications; powers and duties.--The provisions of chapter

  5  298, Florida Statutes, to the contrary notwithstanding, the

  6  following provisions, to the extent of any conflict, shall

  7  control the East County Water Control District:

  8         (1)  The Board of Supervisors of the East County Water

  9  Control District shall be composed of five members who shall

10  be registered voters and residents of the District.  The Board

11  of Supervisors shall be elected at large by the electors

12  residing in the District. Terms of all supervisors shall be

13  for 4 years.

14         (2)  All District Supervisor elections shall be held on

15  the first Tuesday after the first Monday in November of

16  even-numbered years.  All District Supervisors shall be

17  elected at large by nonpartisan plurality vote with the

18  candidate who receives the highest number of votes for each

19  seat winning the election.  Only registered voters residing

20  within the District shall be permitted to vote.  The cost of

21  any election shall be borne by the District.  Terms of all

22  supervisors shall begin on the day after the election as

23  established by this act.  The terms of the Board of

24  Supervisors of the East County Water Control District serving

25  on May 27, 1998, shall be extended for one year to the first

26  Tuesday after the first Monday in November of the

27  even-numbered year following the year in which their term is

28  currently due to expire.

29         (3)  Qualifying for the position of District Supervisor

30  shall be coordinated by the supervisors of elections of the

31  counties within which the District is located. Methods of

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  1  qualifying shall be uniform pursuant to section 99.092,

  2  Florida Statutes.  Candidates shall be required to open

  3  depositories and appoint treasurers prior to accepting any

  4  contributions or expending any funds.

  5         (4)  Vacancies on the Board shall be filled pursuant to

  6  section 298.12, Florida Statutes.

  7         (5)  The members of the Board shall be reimbursed for

  8  their expenses pursuant to section 112.061, Florida Statutes,

  9  and paid a flat fee of $250 per calender month during term of

10  office as established herein, provided however, the flat fee

11  of $250 per calendar month shall only be payable in the event

12  the member of the Board attends at least one (1) full

13  regularly scheduled session of the Board during the subject

14  calendar month.

15         (6)  Each year, the Board of Supervisors shall hold an

16  annual organizational meeting, at which a Chair, Vice-Chair,

17  Secretary and Treasurer shall be elected, whose duties shall

18  be established by Resolution of the Board.

19         (7)  The Board of Supervisors shall have the power to

20  employ a person to be designated General Manager of the

21  District and to vest in him or her such authority and to

22  delegate to him or her the performance of such duties and to

23  provide such compensation as may be determined by the Board of

24  Supervisors. The Board may require the General Manager to

25  furnish bond with good and sufficient surety in such amount as

26  the Board may by resolution determine.

27         (8)  The District shall have and the Board may exercise

28  and hold all powers, functions, and duties set forth in this

29  act and chapters 189, 197, and 298, Florida Statutes, as they

30  may be amended from time to time, including, but not limited

31  to, ad valorem taxation, non-ad valorem assessments, bond

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  1  issuance, other revenue-raising capabilities, budget

  2  preparation and approval, liens and foreclosure of liens, use

  3  of tax deeds and tax certificates as appropriate for non-ad

  4  valorem assessments, and contractual agreements.

  5         (9)  The methods for assessing and collecting non-ad

  6  valorem assessments, fees, or service charges shall be as set

  7  forth in chapter 189, chapter 197, or chapter 298, Florida

  8  Statutes, as amended from time to time.

  9         (10)  The District's planning requirements shall be as

10  set forth in this act and chapters 189 and 298, Florida

11  Statutes, as amended from time to time.

12         (11)  Requirements for financial disclosure, meeting

13  notices, reporting, public records maintenance, and per diem

14  expenses for officers and employees shall be as set forth in

15  chapters 112, 119, 189, 286, and 298, Florida Statutes, as

16  amended from time to time.

17         Section 5.  Bonds tax exempt and issuable for 40

18  years.--

19         (1)  All bonds issued and sold by the East County Water

20  Control District as herein provided shall forever be and

21  remain exempt from all state, county, and municipal taxation

22  within the State of Florida, and the Board of Supervisors

23  shall have authority to insert a provision on the face of said

24  bonds reciting the fact that said bonds are free from such

25  taxation.

26         (2)  Notwithstanding the provisions of section 298.47,

27  Florida Statutes, the Board of Supervisors may issue bonds

28  maturing at annual intervals within 40 years.

29         Section 6.  Assessment records.--Notwithstanding the

30  provisions of section 298.36(2), Florida Statutes, the

31  secretary of the Board of Supervisors, as soon as said total

                                  33

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  1  assessment is levied, shall, at the expense of the District,

  2  prepare a list of all assessments levied, said list to be

  3  stored in electronic format.

  4         Section 7.  Public improvements and community

  5  facilities.--In addition to the powers provided in chapter

  6  298, Florida Statutes, the District shall have, and the Board

  7  may exercise, subject to the regulatory jurisdiction and

  8  permitting authority of all applicable governmental bodies,

  9  agencies, and special districts having authority with respect

10  to any area included therein, any or all of the following

11  special powers relating to public improvements and community

12  facilities authorized by this act:

13         (1)  Conservation, mitigation, and wildlife

14  habitat.--The power to finance, fund, plan, establish,

15  acquire, construct or reconstruct, enlarge or extend, equip,

16  operate, and maintain systems, facilities, and basic

17  infrastructure for conservation areas, mitigation areas, and

18  wildlife habitat, including the maintenance of any plant or

19  animal species, and any related interest in real or personal

20  property;

21         (2)  Recreational, cultural, and educational.--After

22  the Board has obtained the consent of the local general

23  purpose government within the jurisdiction of which the

24  specified power is to be exercised, the power to plan,

25  establish, acquire, construct or reconstruct, enlarge or

26  extend, equip, operate and maintain additional systems and

27  facilities for parks and facilities for indoor and outdoor

28  recreational, cultural, and educational uses; and

29         (3)  Navigational and boating facilities.--The power to

30  construct and maintain navigational and boating facilities in

31  its canals, including, but not limited to, locks and dams, to

                                  34

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  1  widen and deepen its canals, to make them usable for

  2  navigation and boating, and to regulate in all respects the

  3  use of its canals for navigation and boating, including, but

  4  not limited to, the size of boats, their speed and hours of

  5  use.

  6         Section 4.  Chapters 63-1549, 65-1824, 67-901, 70-498,

  7  74-525, 80-525, 81-412, 83-445, 85-445, 86-460, 87-477,

  8  88-509, 90-393, 93-309, and 98-460, Laws of Florida, are

  9  hereby repealed.

10         Section 5.  This act shall be construed as remedial and

11  shall be liberally construed to promote the purpose for which

12  it is intended.

13         Section 6.  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  enforceability of each other section and provision of this

17  act.

18         Section 7.  This act shall take effect upon becoming

19  law.

20

21

22

23

24

25

26

27

28

29

30

31

                                  35