House Bill 1509e1
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HB 1509, First Engrossed/ntc
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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HB 1509, First Engrossed/ntc
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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HB 1509, First Engrossed/ntc
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 as an independent special district.
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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HB 1509, First Engrossed/ntc
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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HB 1509, First Engrossed/ntc
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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HB 1509, First Engrossed/ntc
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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HB 1509, First Engrossed/ntc
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
7
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HB 1509, First Engrossed/ntc
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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HB 1509, First Engrossed/ntc
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
9
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HB 1509, First Engrossed/ntc
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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HB 1509, First Engrossed/ntc
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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HB 1509, First Engrossed/ntc
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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HB 1509, First Engrossed/ntc
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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HB 1509, First Engrossed/ntc
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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HB 1509, First Engrossed/ntc
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
15
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HB 1509, First Engrossed/ntc
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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HB 1509, First Engrossed/ntc
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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HB 1509, First Engrossed/ntc
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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HB 1509, First Engrossed/ntc
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
19
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HB 1509, First Engrossed/ntc
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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HB 1509, First Engrossed/ntc
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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HB 1509, First Engrossed/ntc
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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HB 1509, First Engrossed/ntc
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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HB 1509, First Engrossed/ntc
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
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HB 1509, First Engrossed/ntc
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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HB 1509, First Engrossed/ntc
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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HB 1509, First Engrossed/ntc
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
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HB 1509, First Engrossed/ntc
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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HB 1509, First Engrossed/ntc
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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HB 1509, First Engrossed/ntc
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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HB 1509, First Engrossed/ntc
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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HB 1509, First Engrossed/ntc
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, non-ad valorem assessments, bond issuance, other
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HB 1509, First Engrossed/ntc
1 revenue-raising capabilities, budget preparation and approval,
2 liens and foreclosure of liens, use of tax deeds and tax
3 certificates as appropriate for non-ad valorem assessments,
4 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 issuable for 40
18 years.--Notwithstanding the provisions of section 298.47,
19 Florida Statutes, the Board of Supervisors may issue bonds
20 maturing at annual intervals within 40 years.
21 Section 6. Assessment records.--Notwithstanding the
22 provisions of section 298.36(2), Florida Statutes, the
23 secretary of the Board of Supervisors, as soon as said total
24 assessment is levied, shall, at the expense of the District,
25 prepare a list of all assessments levied, said list to be
26 stored in electronic format.
27 Section 7. Public improvements and community
28 facilities.--In addition to the powers provided in chapter
29 298, Florida Statutes, the District shall have, and the Board
30 may exercise, subject to the regulatory jurisdiction and
31 permitting authority of all applicable governmental bodies,
33
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HB 1509, First Engrossed/ntc
1 agencies, and special districts having authority with respect
2 to any area included therein, any or all of the following
3 special powers relating to public improvements and community
4 facilities authorized by this act:
5 (1) Conservation, mitigation, and wildlife
6 habitat.--The power to finance, fund, plan, establish,
7 acquire, construct or reconstruct, enlarge or extend, equip,
8 operate, and maintain systems, facilities, and basic
9 infrastructure for conservation areas, mitigation areas, and
10 wildlife habitat, including the maintenance of any plant or
11 animal species, and any related interest in real or personal
12 property;
13 (2) Recreational, cultural, and educational.--After
14 the Board has obtained the consent of the local general
15 purpose government within the jurisdiction of which the
16 specified power is to be exercised, the power to plan,
17 establish, acquire, construct or reconstruct, enlarge or
18 extend, equip, operate and maintain additional systems and
19 facilities for parks and facilities for indoor and outdoor
20 recreational, cultural, and educational uses; and
21 (3) Navigational and boating facilities.--The power to
22 construct and maintain navigational and boating facilities in
23 its canals, including, but not limited to, locks and dams, to
24 widen and deepen its canals, to make them usable for
25 navigation and boating, and to regulate in all respects the
26 use of its canals for navigation and boating, including, but
27 not limited to, the size of boats, their speed and hours of
28 use.
29 Prior to the District having the powers described in
30 subsection (2), the additional power granted to the District
31 must receive approval by a majority vote of the qualified
34
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HB 1509, First Engrossed/ntc
1 electors of the district voting in a referendum election to be
2 called by the District at the next general election, with the
3 exception of the following three parks:
4 (a) Lake Camille Park
5 (b) Williams Park
6 (c) Eco Park.
7 Section 4. Chapters 63-1549, 65-1824, 67-901, 70-498,
8 74-525, 80-525, 81-412, 83-445, 85-445, 86-460, 87-477,
9 88-509, 90-393, 93-309, and 98-460, Laws of Florida, are
10 hereby repealed.
11 Section 5. This act shall be construed as remedial and
12 shall be liberally construed to promote the purpose for which
13 it is intended.
14 Section 6. In the event any section or provision of
15 this act is determined to be invalid or unenforceable, such
16 determination shall not affect the validity of or
17 enforceability of each other section and provision of this
18 act.
19 Section 7. This act shall take effect upon becoming
20 law.
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