House Bill hb0931

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    Florida House of Representatives - 2001                 HB 931

        By Representative Ritter






  1                      A bill to be entitled

  2         An act relating to the Coral Springs

  3         Improvement District, Broward County; providing

  4         for codification of special laws regarding

  5         special districts pursuant to s. 189.429,

  6         Florida Statutes, relating to the Coral Springs

  7         Improvement District; codifying, reenacting,

  8         amending, and repealing special acts relating

  9         to the Coral Springs Improvement District;

10         providing legislative intent; deleting

11         gender-specific references; providing a

12         district charter; providing that this act shall

13         take precedence over any conflicting law to the

14         extent of such conflict; providing an effective

15         date.

16  

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

18  

19         Section 1.  In accordance with section 189.429, Florida

20  Statutes, this act constitutes the codification of all special

21  acts relating to the Coral Springs Improvement District. It is

22  the intent of the Legislature in enacting this law to provide

23  a single, comprehensive special act charter for the district,

24  including all current legislative authority granted to the

25  district by its several legislative enactments and any

26  additional authority granted by this act.

27         Section 2.  Chapters 70-617 and 89-419, Laws of

28  Florida, relating to the Coral Springs Improvement District,

29  are codified, reenacted, amended, and repealed as herein

30  provided.

31  

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  1         Section 3.  The charter for the Coral Springs

  2  Improvement District is re-created and reenacted to read:

  3         Section 1.  Creation of the district ratified and

  4  approved; change of name of district to Coral Springs

  5  Improvement District.--The decree of the circuit court in and

  6  for the seventeenth judicial circuit of the State of Florida,

  7  entered in chancery No. 66-1301, on the 8th day of September,

  8  1966, creating and incorporating the Coral Springs Drainage

  9  District as a public corporation of this state, and all

10  subsequent proceedings taken in the circuit court concerning

11  that district, are hereby ratified, confirmed, and approved,

12  except that the boundaries of said district shall be as

13  hereinafter described. The Coral Springs Drainage District

14  shall henceforth be known by the name of Coral Springs

15  Improvement District, and shall continue to be a public

16  corporation of this state and have perpetual existence. All

17  lawful debts, bonds, obligations, contracts, franchises,

18  promissory notes, audits, minutes, resolutions, and other

19  undertakings of the Coral Springs Drainage District are hereby

20  validated and shall continue to be valid and binding on the

21  Coral Springs Improvement District in accordance with their

22  respective terms, conditions, covenants, and tenor. Any

23  proceeding heretofore begun by the Coral Springs Drainage

24  District under chapter 298, Florida Statutes, or any other

25  law, for the construction of any improvements, works, or

26  facilities, for the assessment of benefits and damages or for

27  the borrowing of money shall not be impaired or avoided by

28  this act, but may be continued and completed in the name of

29  the Coral Springs Improvement District.

30  

31  

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  1         Section 2.  Exclusion of lands and new boundaries.--The

  2  following described lands formerly within the boundaries of

  3  the district are excluded:

  4  

  5         The North one-half of Section 26, Township 48

  6         South, Range 41 East, Broward County, Florida.

  7  

  8         The boundaries of the district shall be:

  9  

10         Beginning at the Northwest corner of Section

11         30, Township 48 South, Range 41, East; thence

12         Southerly along the West line of said Section

13         30 and along the West line of Section 31 of

14         said Township 48 South, Range 41 East to an

15         intersection with the North right-of-way line

16         of the Pompano Canal (C-14); thence Easterly

17         along the said North right-of-way line, through

18         said Section 31 and Sections 32, 33 and 34 of

19         said Township 48 South, Range 41 East to an

20         intersection with the East line of said Section

21         34; thence Northerly along the said East line

22         of Section 34 and along the East line of

23         Section 27, Township 48 South, Range 41 East,

24         to the Northeast corner of said Section 27;

25         thence Westerly along the North line of said

26         Section 27 and along the North lines of

27         Sections 28, 29 and 30 of said Township 48

28         South, Range 41 East to the said Northwest

29         corner of Section 30 and the Point of

30         Beginning; said lands situate, lying and being

31         in Broward County, Florida, which said boundary

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  1         embraces and includes these certain tracts or

  2         parcels of land described as follows, to wit:

  3  

  4         All of Sections 27 and 29; and Tracts 1 through

  5         19 inclusive, Tracts 22 through 27 inclusive,

  6         Tracts 30 through 32 inclusive, and those

  7         portions of Tracts 20, 21, 28 and 29 lying

  8         North of the North right-of-way line of the

  9         Pompano Canal (C-14) of the subdivision of

10         Section 31; and Tracts 1 through 18 inclusive,

11         Tracts 22 through 26 inclusive, Tracts 31 and

12         32, and those portions of Tracts 19, 20, 21, 27

13         and 30 lying North of the North right-of-way

14         line of the Pompano Canal (C-14) of the

15         subdivision of Section 33, all according to the

16         Florida Fruit Lands Company's Subdivision Map

17         No. 2, recorded in Plat Book 1, Page 102, of

18         the public records of Palm Beach County,

19         Florida, together with all the platted road

20         rights-of-way contained therein; and all of

21         Sections 28 and 30; and those portions of

22         Sections 32 and 34 lying North of the North

23         right-of-way line of the Pompano Canal (C-14).

24  

25         All of said property situate, lying and being

26         in Township 48 South, Range 41 East, Broward

27         County, Florida.

28  

29         Section 3.  Applicability of certain provisions of

30  chapter 298, Florida Statutes, to the Coral Springs

31  Improvement District; inconsistent laws inapplicable.--The

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  1  provisions of chapter 298, Florida Statutes, and all

  2  amendments thereto, now existing or hereafter enacted, are

  3  declared to be applicable to the Coral Springs Improvement

  4  District insofar as not inconsistent with the provisions of

  5  this act or any subsequent special acts relating to the Coral

  6  Springs Improvement District. Notwithstanding the foregoing,

  7  the provisions of sections 298.07, 298.11, 298.12, 298.14,

  8  298.15, 298.17, 298.18, 298.19, 298.20, 298.23, 298.24,

  9  298.25, 298.35, 298.37, 298.38, 298.39, 298.40, 298.401,

10  298.41, 298.42, 298.44, 298.45, 298.46, 298.48, 298.52,

11  298.54, 298.56, 298.57, 298.61, 298.69, 298.70, 298.71,

12  298.72, 298.73, and 298.74, Florida Statutes, and amendments

13  thereto, shall not be applicable to the Coral Springs

14  Improvement District.

15         Section 4.  Definitions.--Unless the context shall

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

17  shall have the following meanings:

18         (1)  "Assessable improvements" includes, without

19  limitation, any and all drainage and land reclamation works

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

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

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

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

24  any and all modifications, improvements, and enlargements

25  thereof.

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

27  applicable to bonds shall be equally applicable to

28  certificates. "Bond" includes general obligation bonds,

29  assessment bonds, refunding bonds, revenue bonds, and such

30  other obligations in the nature of bonds as are provided for

31  in this act, as the case may be.

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

  2  Coral Springs Improvement District, or if such board shall be

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

  4  principal functions thereof or to whom the powers given by

  5  this act to the board shall be given by law.

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

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

  8  the feasibility or practicability of acquisition,

  9  construction, or reconstruction; the cost of surveys,

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

11  construction, or reconstruction; the cost of improvements;

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

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

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

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

16  financing charges; the creation of initial reserve and debt

17  service funds; working capital; interest charges incurred or

18  estimated to be incurred on money borrowed prior to and during

19  construction and acquisition and for such period of time after

20  completion of construction or acquisition as the board may

21  determine; the cost of issuance of bonds pursuant to this act

22  including advertisements and printing, the cost of any

23  election held pursuant to this act, and all other expenses of

24  issuance of bonds; discount, if any, on the sale or exchange

25  of bonds; administrative expenses; such other expenses as may

26  be necessary or incidental to the acquisition, construction,

27  or reconstruction of any project or to the financing thereof,

28  or the development of any lands within the district; and

29  reimbursement of any public or private body, person, firm, or

30  corporation for any moneys advanced in connection with any of

31  the foregoing items of cost. Any obligation or expense

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  1  incurred prior to the issuance of bonds in connection with the

  2  acquisition, construction, or reconstruction of any project or

  3  improvements thereon, or in connection with any other

  4  development of land that the board of the district shall

  5  determine to be necessary or desirable in carrying out the

  6  purposes of this act, may be treated as a part of such cost.

  7         (5)  "District" means the Coral Springs Improvement

  8  District and "district manager" means the manager of the

  9  district.

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

11  estate, as appears by the deed record, including trustees,

12  private corporations, and owners of cooperative and

13  condominium units; it does not include reversioners,

14  remaindermen, or mortgagees, who shall not be counted and need

15  not be notified of proceedings under this act.

16         (7)  "Project" means any development, improvement,

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

18  or convenience, now existing or hereafter undertaken or

19  established, under the provisions of this act or under chapter

20  298, Florida Statutes.

21         (8)  "Sewer system" means any plant, system, facility,

22  or property and additions, extensions, and improvements

23  thereto at any future time constructed or acquired as part

24  thereof useful or necessary or having the present capacity for

25  future use in connection with the collection, treatment,

26  purification, or disposal of sewage, including, without

27  limitation, industrial wastes resulting from any processes of

28  industry, manufacture, trade, or business or from the

29  development of any natural resources; and, without limiting

30  the generality of the foregoing, shall include treatment

31  plants, pumping stations, lift stations, valves, force mains,

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  1  intercepting sewers, laterals, pressure lines, mains, and all

  2  necessary appurtenances and equipment, all sewer mains,

  3  laterals, and other devices for the reception and collection

  4  of sewage from premises connected therewith, and all real and

  5  personal property and any interest therein, rights, easements,

  6  and franchises of any nature whatsoever relating to any such

  7  system and necessary or convenient for operation thereof.

  8         (9)  "Water and flood control facilities" means any

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

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

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

12  facilities for the conservation, control, development,

13  utilization, and disposal of water, and any purposes

14  appurtenant, necessary, or incidental thereto, and includes

15  all real and personal property and any interest therein,

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

17  any such water and flood control facilities or necessary or

18  convenient for the acquisition, construction, reconstruction,

19  operation, or maintenance thereof.

20         (10)  "Water system" means any plant, system, facility,

21  or property and additions, extensions, and improvements

22  thereto at any future time constructed or acquired as part

23  thereof, useful or necessary or having the present capacity

24  for future use in connection with the development of sources,

25  treatment, or purification and distribution of water and,

26  without limiting the generality of the foregoing, includes

27  dams, reservoirs, storage tanks, mains, lines, valves, pumping

28  stations, laterals, and pipes for the purpose of carrying

29  water to the premises connected with such system, and all real

30  and personal property and any interests therein, rights,

31  easements, and franchises of any nature whatsoever relating to

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  1  any such system and necessary or convenient for the operation

  2  thereof.

  3         Section 5.  Board; election; organization; terms of

  4  office; quorum; report and minutes.--

  5         (1)  The board of the district shall be the governing

  6  body of the district and shall exercise the powers granted to

  7  the district under this act and under chapter 298, Florida

  8  Statutes. The board shall consist of five members, and except

  9  as otherwise provided herein, each member shall hold office

10  for a term of 4 years and until his or her successor shall be

11  chosen and shall qualify. Four members shall be elected by a

12  majority vote of registered electors residing in the district

13  and voting in an election. The four candidates receiving the

14  highest number of votes shall be elected to the board. One

15  member shall be a City Commissioner of the City of Coral

16  Springs and shall be selected by a majority vote of the City

17  Commission. A designee may be substituted for the City

18  Commissioner and shall be selected by a majority vote of the

19  City Commission.

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

21  supervisors of the Coral Springs Drainage District elected on

22  October 4, 1966, shall constitute the members of the board

23  until June 1, 1971.

24         (3)  Commencing upon the expiration of the existing

25  board members, all subsequent board members shall meet the

26  requirements as provided for herein. Existing board members'

27  terms shall be extended to November of the year in which their

28  terms expire. In November 2001, the two new board members

29  shall be selected or elected as provided for herein. Board

30  members to be elected shall be elected at an election

31  conducted by the supervisor of elections on the first Tuesday

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  1  in November of the year when the board member's term expires.

  2  The cost of such election(s) shall be paid for by the

  3  district. A landowner may vote in person or by proxy in

  4  writing. Fractions of an acre shall be treated as 1 acre,

  5  entitling the landowner to one vote with respect thereto.

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

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

  8  as prescribed in section 298.13, Florida Statutes.

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

10  for which they are elected or appointed and until their

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

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

13  supervisors (even though less than a quorum) may fill such

14  vacancy by appointment of a new supervisor or supervisors for

15  the unexpired term of the supervisor who vacated his or her

16  office.

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

18  board shall organize by choosing one of the number president

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

20  member of the board.

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

22  constitute a quorum.

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

24  entitled "Record of Proceedings of Coral Springs Improvement

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

26  resolutions, proceedings, certificates, bonds given by all

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

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

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

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

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

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

  2  maintained by the board in Broward County.

  3         Section 6.  Appointment and duties of district

  4  manager.--For the purpose of preserving and maintaining any

  5  facility constructed or erected under the provisions of this

  6  act or under the provisions of chapter 298, Florida Statutes,

  7  and for maintaining and operating the equipment owned by the

  8  district and such other duties as may be prescribed by the

  9  board, the board may employ and fix the compensation of a

10  district manager who shall have charge and supervision of the

11  works of the district.

12         Section 7.  Treasurer; depositories; fiscal agent.--

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

14  resident of Florida, or a bank or trust company organized

15  under the laws of Florida or under the National Banking Act,

16  as treasurer of the district, who shall have charge of the

17  funds of the district. Such funds shall be disbursed only upon

18  the order of or pursuant to the resolution of the board by

19  warrant or check signed by the treasurer, or by such other

20  person as may be authorized by the board. The board may give

21  the treasurer such other or additional powers and duties as

22  the board may deem appropriate, and fix his or her

23  compensation. The board may require the treasurer to give a

24  bond in such amount, on such terms, and with such sureties as

25  may be deemed satisfactory to the board to secure the

26  performance by the treasurer of his or her powers and duties.

27  The board shall audit or have audited the books of the

28  treasurer at least once a year.

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

30  in which the bonds of the board and of the district shall be

31  deposited any banking corporation organized under the laws of

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  1  Florida or under the National Banking Act, doing business in

  2  Florida, upon such terms and conditions as to the payment of

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

  4  board may deem just and reasonable.

  5         (3)  The board may employ a fiscal agent to perform

  6  such duties and services at such rate of compensation as the

  7  board may determine.

  8         Section 8.  Compensation of board.--Each supervisor is

  9  entitled to receive for his or her services an amount not to

10  exceed $200 per month. In addition, each supervisor shall

11  receive reasonable traveling expenses for attending the place

12  of meeting from his or her residence. Unless the board by

13  resolution otherwise provides, such traveling expenses may not

14  be in excess of the amounts provided by law for state and

15  county officials.

16         Section 9.  Powers.--The district shall have, and the

17  board may exercise, any or all of the following powers:

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

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

20  acquire by purchase, gift, devise, eminent domain (except as

21  limited herein), or otherwise, property, real or personal, or

22  any estate therein, within the district, to be used for any of

23  the purposes of this act.

24         (2)  To adopt a plan of reclamation; and to establish,

25  construct, operate, and maintain a system of main and lateral

26  canals, drains, ditches, levees, dikes, dams, sluices, locks,

27  revetments, reservoirs, holding basins, floodways, pumping

28  stations, syphons, culverts, and storm sewers to drain and

29  reclaim the lands within the district and to connect some or

30  any of them with roads and bridges as in the judgment of the

31  

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  1  board is deemed advisable to provide access to such

  2  facilities.

  3         (3)  To acquire and maintain appropriate sites for

  4  storage and maintenance of the equipment of the district; to

  5  acquire and maintain and construct a suitable building to

  6  house the office and records of the district.

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

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

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

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

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

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

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

14  works and machinery in connection with the purposes herein set

15  forth.

16         (5)  To regulate and set forth by appropriate

17  resolution the drainage requirements and conditions to be met

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

19  district, including authority to require as a condition

20  precedent for any platting that good and sufficient bond be

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

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

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

24  district as hereinafter provided.

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

26  improvements deemed necessary to preserve and maintain the

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

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

29  provide for machines and equipment for any purpose authorized

30  by this act or chapter 298, Florida Statutes; and to contract

31  for the purchase, construction, operation, maintenance, use,

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  1  sale, conveyance, and transfer of the said machinery and

  2  equipment.

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

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

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

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

  7  highway, tract, grade, fill, or cut; to construct roadways

  8  over levees and embankments; to construct any and all of said

  9  works and improvements across, through, or over any public

10  right-of-way, highway, grade, fill, or cut in or out of the

11  district.

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

13  purchase, or condemnation, any easement, reservation, or

14  dedication in the district, for any of the purposes herein

15  provided. To condemn as provided by chapters 73 and 74,

16  Florida Statutes, or acquire, by purchase or grant, for use in

17  the district any land or property within the district

18  necessary for the purposes of this act.

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

20  district an ad valorem tax, an annual drainage tax, and a

21  maintenance tax as hereinafter provided.

22         (11)  To impose and foreclose special assessments liens

23  as hereinafter provided.

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

25  appropriate resolution all structures, materials, and things,

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

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

28  part of any facility owned or operated by the district.

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

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

31  promulgating, amending, and repealing of all rules and

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  1  regulations necessary or convenient for the carrying out of

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

  3  created hereby.

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

  5  districts or other governmental agencies as may be necessary,

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

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

  8  this act.

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

10  employees, and representatives as the board of supervisors may

11  from time to time determine necessary and to fix their

12  compensation and duties.

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

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

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

16  this act.

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

18  roads necessary and convenient to provide access to and

19  efficient development of areas made suitable and available for

20  cultivation, settlement, urban subdivision, homesites, and

21  other beneficial developments as a result of the drainage

22  operations of the district.

23         (18)  To make use of any public easements, dedications

24  to public use, platted reservations for public purposes, or

25  any reservations for drainage purposes within the boundaries

26  of the district.

27         (19)  To lease as lessor or lessee to or from any

28  person, firm, corporation, association, or body, public or

29  private, any projects of the type that the district is

30  authorized to undertake and facilities or property of any

31  

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  1  nature for the use of the district to carry out any of the

  2  purposes of this act.

  3         (20)  To regulate the supply and level of water within

  4  the district; to divert waters from one area, lake, pond,

  5  river, stream, basin, or drainage or water flood control

  6  facility to any other area, lake, pond, river, stream, basin,

  7  or drainage and water flood control facility; to regulate,

  8  control, and restrict the development and use of natural or

  9  artificial streams or bodies of water, lakes, or ponds; and to

10  take all measures determined by the board to be necessary or

11  desirable to prevent or alleviate land erosion. The powers

12  granted to the district by this subsection shall be concurrent

13  within the boundaries of the district with other public

14  bodies, agencies, or authorities as may be authorized by law.

15  The district is eligible to receive moneys, disbursements, and

16  assistance from the state available to flood control or water

17  management districts and the navigation districts or agencies.

18         (21)  To own, acquire, construct, reconstruct, equip,

19  operate, maintain, extend, and improve water systems and sewer

20  systems or combined water and sewer systems; to regulate the

21  use of sewers and the supply of water within the district and

22  to prohibit or regulate the use and maintenance of outhouses,

23  privies, septic tanks, or other sanitary structures or

24  appliances within the district; to prescribe methods of

25  pretreatment of wastes not amenable to treatment with domestic

26  sewage before accepting such wastes for treatment and to

27  refuse to accept such wastes when not sufficiently pretreated

28  as may be prescribed, and to prescribe penalties for the

29  refusal of any person or corporation to so pretreat such

30  wastes; to sell or otherwise dispose of the effluent, sludge,

31  or other byproducts as a result of sewage treatment; and to

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  1  construct and operate connecting, intercepting, or outlet

  2  sewers and sewer mains and pipes and water mains, conduits, or

  3  pipelines in, along, or under any street, alleys, highways, or

  4  other public places or ways within or without the district,

  5  when deemed necessary or desirable by the board. The plans for

  6  any water or sewer system shall be subject to the approval of

  7  the state board of health.

  8         (22)  To own, acquire, construct, operate, and maintain

  9  parks, playgrounds, picnic grounds, camping facilities, and

10  water recreation facilities within or without the district.

11         (23)  To issue general obligation bonds, revenue bonds,

12  assessment bonds, or any other bonds or obligations authorized

13  by the provisions of this act or any other law, or any

14  combination of the foregoing, to pay all or part of the cost

15  of the acquisition, construction, reconstruction, extension,

16  repair, improvement, maintenance, or operation of any project

17  or combination of projects, to provide for any facility,

18  service, or other activity of the district and to provide for

19  the retirement or refunding of any bonds or obligations of the

20  district, or for any combination of the foregoing purposes.

21         (24)  To exercise any and all other powers conferred

22  upon drainage districts by chapter 298, Florida Statutes.

23         Section 10.  Seal.--The official seal of the district

24  shall bear the legend "Coral Springs Improvement District,

25  Broward County, Florida, Seal, Established 1966".

26         Section 11.  Fiscal year.--The board by resolution

27  shall establish the fiscal year for the district.

28         Section 12.  Annual budget.--Prior to May 15th of each

29  year after this act is effective, the secretary of the

30  district shall prepare a proposed budget to be submitted to

31  the board for their approval. The proposed budget shall

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  1  include an estimate of all necessary expenditures of the

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

  3  income to the district from the taxes and assessments provided

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

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

  6  district manager or modify the same in part or in whole. The

  7  board shall indicate their approval of the budget by

  8  resolution, which resolution shall provide for a hearing on

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

10  shall be published in a newspaper in general circulation

11  within the district in Broward County once a week for 2

12  consecutive weeks; providing that the second publication shall

13  not be less than 7 days after the first publication. The

14  notice shall be directed to all landowners in the district and

15  shall state the purpose of the meeting. The notice shall

16  further contain a designation of the date, time, and place of

17  the public hearing, which shall be not less than 7 days after

18  the second publication. At the time and place designated in

19  the notice, the board shall hear all objections to the budget

20  as proposed and make such changes as the board deems

21  necessary. At the conclusion of the budget hearing the board

22  shall, by resolution, adopt the budget as finally approved by

23  the board.

24         Section 13.  Notice and call of board meetings.--

25         (1)  The board shall establish a regular meeting date

26  each month and shall meet no less than one time a month.

27  However, the board may decide by majority vote to take 1 month

28  off from meetings each year for a vacation. Meetings of the

29  board shall be held in a public place, and shall be held in

30  accordance with the requirements of chapter 286, Florida

31  Statutes.

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  1         (2)  Special meetings of the board may be called at any

  2  time to receive reports of the board or for such other purpose

  3  as the board may determine upon 24 hours' notice to board

  4  members and to the public by posting at the district office at

  5  a public location set aside for notice purposes.

  6         Section 14.  Plan of reclamation; proceedings

  7  thereof.--The board may proceed to adopt a plan of reclamation

  8  as provided in chapter 298, Florida Statutes, or as provided

  9  in this section, in which case the following shall apply:

10         (1)  The board shall cause to be made by the chief

11  engineer or such other engineer or engineers as the board may

12  employ for that purpose, a complete and comprehensive plan for

13  the drainage and reclamation of the lands located within the

14  district. The engineer or engineers designated by the board to

15  make said plan shall make all necessary surveys of the lands

16  within the boundary lines of said district and of all lands

17  adjacent thereto that will be improved or reclaimed in part or

18  in whole by any system of drainage that may be outlined and

19  adopted, and shall make a report in writing to the board with

20  maps and profiles of said surveys, which report shall contain

21  a full and complete plan for drainage and reclaiming the lands

22  located within the district from overflow or damage by water,

23  with the length, width, and depth of such canals, ditches,

24  dikes, or levees or other works as may be necessary in

25  conjunction with any canals, drains, ditches, dikes, levees,

26  or other works heretofore constructed by any other drainage or

27  reclamation district, or any other person or persons, or which

28  may hereafter be built by any or either of such agencies that

29  may be necessary or which can be advantageously used in such

30  plan and also an estimate of the cost of carrying out and

31  completing the plan of reclamation, including the cost of

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  1  superintending the same and all incidental expenses in

  2  connection therewith.

  3         (2)  Upon the completion of such plan, the board shall

  4  hold a hearing thereon to hear objections thereto and shall

  5  give notice of the time and place fixed for such hearing by

  6  publication once each week for 2 consecutive weeks in a

  7  newspaper of general circulation in the district published in

  8  Broward County, and shall permit the inspection of said plan

  9  at the office of the district by all persons interested. All

10  objections to said plan shall be filed at or before the time

11  fixed in said notice for the hearing and shall be in writing.

12         (3)  After said hearing the board shall consider the

13  proposed plan and any objections thereto, and may modify,

14  reject, or adopt the plan, or may continue the hearing to a

15  day certain for further consideration of the proposed plan or

16  modifications thereof.

17         (4)  When the board shall approve such a plan a

18  resolution shall be adopted and a certified copy thereof shall

19  be filed in the office of the secretary and incorporated by

20  him or her into the records of the district.

21         (5)  The plan of reclamation may be altered in detail

22  from time to time until the appraisal record herein provided

23  is filed, but not in such manner as materially to affect the

24  conditions of its adoption. After the appraisal record has

25  been filed no alterations of the plan or reclamation shall be

26  made, except as provided by this act.

27         (6)  Within 20 days after the final adoption of the

28  plan of reclamation by the board, the secretary of the

29  district shall prepare and transmit a certified copy thereof

30  to the clerk of the circuit court and at the same time the

31  board shall file with said clerk a petition that the said

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  1  court appoint three commissioners to appraise the lands to be

  2  acquired for right-of-way, holding basins, and other drainage

  3  works of the district and to assess benefits and damages

  4  accruing to all lands within the district by reason of the

  5  execution of the plan of reclamation. Immediately after the

  6  filing of such petition the judge of said court in whose

  7  division the petition shall have been assigned shall by an

  8  order appoint three commissioners, who shall be freeholders

  9  residing within Florida, and who shall not be landowners in

10  said district, nor of kin within the fourth degree of

11  consanguinity to any person owning land in said district. A

12  majority of said commissioners shall constitute a quorum and

13  shall control the action of the commissioners on all

14  questions.

15         (7)  Immediately upon the filing of said order of

16  appointment, the secretary of the district shall notify each

17  of said commissioners of his or her appointment, and in the

18  said notice he or she shall state the time and place for the

19  first meeting of the commissioners. The secretary of the

20  district, or his or her deputy, shall attend such meeting and

21  shall furnish to the commissioners a complete list of lands

22  embraced in the district, or adjacent thereto, that will be

23  affected by the execution of the plan of reclamation. The

24  secretary shall also furnish to the commissioners a copy of

25  the plan of reclamation and such other papers, documents, and

26  information as the commissioners require. The commissioners at

27  the meeting shall each take and subscribe to an oath that he

28  or she will faithfully and impartially discharge his or her

29  duties as such commissioner and make a true report of the work

30  performed by such commissioners, and shall elect one of their

31  number chair. The secretary of the district, or his or her

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  1  deputy, shall be ex officio secretary to the commissioners,

  2  and the attorney for the district, other agents, and employees

  3  thereof shall cooperate with the commissioners and furnish to

  4  them such advice, assistance, and cooperation as they shall

  5  require.

  6         (8)  Immediately after qualifying as provided in the

  7  previous paragraph, the commissioners shall commence the

  8  performance of their duties; the chief engineer, or one of his

  9  or her assistants, shall accompany said commissioners when

10  engaged in the discharge of their duties and shall render his

11  or her opinion in writing when called for. Said commissioners

12  shall proceed to view the premises and determine the value of

13  the lands within or without the district to be acquired and

14  used for rights-of-way, holding basins, and other works

15  described in the plan of reclamation; they shall appraise all

16  benefits and damages which will accrue to all lands by reason

17  of the execution of the plan of reclamation. The commissioners

18  in appraising benefits to lands, public highways, railroads,

19  and other rights-of-way shall not consider what benefits will

20  be derived by such property after other ditches, improvements,

21  or other plans of reclamation shall have been constructed, but

22  they shall appraise only such benefits as will be derived from

23  the construction of the works and improvements described in

24  the plan of reclamation or as the same may afford an outlet

25  for drainage or protection from overflow of such property. The

26  commissioners shall give due consideration and credit to any

27  other drainage works which have already been constructed and

28  which afford partial or complete protection to any tract or

29  parcel of land within the district. The public highways,

30  railroads, and other rights-of-way shall be appraised

31  according to the increased physical efficiency and decreased

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  1  maintenance cost of roadways by reason of the improvements.

  2  The commissioners shall have no power to change the plan of

  3  reclamation. The commissioners shall prepare a report of their

  4  findings, which shall be arranged in tabular form, the columns

  5  of which shall be headed as follows: Column 1, Owner of

  6  Property Appraised; Column 2, Description of Property

  7  Appraised; Column 3, Number of Acres Appraised; Column 4,

  8  Amount of Benefits Appraised; Column 5, Amount of Damages

  9  Appraised; Column 6, Number of Acres to be Taken for

10  Rights-of-way, Holding Basins, etc.; Column 7, Value of

11  Property to be Taken. They shall also, by and with the advice

12  of the chief engineer, estimate the cost of the works

13  described in the plan of reclamation, which estimate shall

14  include the cost of property required for rights-of-way,

15  holding basins, and other works, the probable expense of

16  organization and administration as estimated by the board of

17  supervisors, and all of the expenses of the district during

18  the period of executing the plan of reclamation. Before

19  appraisals of compensation and damages are made, the board may

20  report to the commissioners the parcels of land it may wish to

21  purchase and for which it may wish appraisals to be made, both

22  for easement and for purchase in fee simple, and the board may

23  specify the particular purpose for which, and the extent to

24  which, an easement in any property is desired, describing

25  definitely such purpose and extent. Wherever so instructed to

26  do by the board, the commissioners shall appraise lands that

27  may be necessary or desirable for the district to own and,

28  when so requested by the board, the commissioners shall also

29  appraise both the total value of the land and also the damages

30  due to any easement required for the purposes of the district.

31  

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  1         The report of the commissioners shall be signed by at

  2  least a majority of the commissioners and filed in the office

  3  of the clerk of the circuit court of Broward County. Each

  4  commissioner shall be paid $100 per day for his or her

  5  services and necessary expenses in addition thereto.

  6         (9)  Upon the filing of the report of the

  7  commissioners, the clerk shall give notice thereof by causing

  8  publication to be made once a week for 2 consecutive weeks in

  9  a newspaper of general circulation in the district, published

10  in Broward County. It shall not be necessary for the clerk to

11  name the parties interested, nor to describe separate lots or

12  tracts of land in giving said notice, but it shall be

13  sufficient to publish the notice in the following form:

14  

15         "NOTICE OF FILING COMMISSIONERS' REPORT FOR

16         CORAL SPRINGS IMPROVEMENT DISTRICT.

17  

18         Notice is hereby given that the Commissioners

19         heretofore appointed to appraise benefits and

20         damages to property and lands located within

21         Coral Springs Improvement District in the State

22         of Florida and to appraise the cash value of

23         the land necessary to be taken for

24         rights-of-way, holding basins, and other works

25         of said district did file their report in the

26         office of the undersigned Clerk of the Circuit

27         Court, upon the ..... day of ..............,

28         20....., and you, and each of you, are hereby

29         notified that you may examine said report and

30         file exceptions to same on or before the .....

31         day of .............., 20..... (which date

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  1         shall be not less than 28 days nor more than 30

  2         days from the first date of publication).

  3  

  4                     ...................................

  5                              Clerk of the Circuit Court

  6                             of Broward County, Florida"

  7  

  8         The state board of drainage commissioners, the drainage

  9  district, or any owner of land or other property to be

10  affected by said report, may file exception to any part, or

11  all, of the report of said commissioners within the time

12  specified in the notice prescribed in the preceding paragraph.

13  All exceptions shall be heard and determined by the court. If

14  no exceptions are filed, or if it is shown, upon the hearing

15  of all of said exceptions, that the estimated cost of

16  construction of improvements contemplated in the plan of

17  reclamation is less than the benefits assessed against the

18  lands in said district, the court shall approve and confirm

19  said commissioners' report; but, if the court, upon hearing

20  the objections filed, finds that any or all such objections

21  should be sustained, it shall order the report changed to

22  conform with such findings, and when so changed the court

23  shall approve and confirm such report and enter its decree

24  accordingly. The court shall adjudge and apportion the costs

25  incurred by the exceptions filed, and shall condemn any land

26  or other property that is shown by the report of the

27  commissioners to be needed for rights-of-way, holding basins,

28  or other works, following the procedure provided in chapters

29  73 and 74, Florida Statutes; provided, however, that any

30  property owner may accept the assessment of damages in his or

31  her favor made by the commissioners, or acquiesce in their

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  1  failure to assess damages in his or her favor, and shall be

  2  construed to have done so, unless he or she gives the

  3  supervisors of the district, on or before the time shall have

  4  expired for filing exceptions as provided in this act, notice

  5  in writing that he or she demands an assessment of his or her

  6  damages by a jury; in which event the supervisors of the

  7  district shall institute in the circuit court of Broward

  8  County an action to condemn the lands and other property that

  9  must be taken or damaged in the making of such improvements,

10  with the right and privilege of paying into court a sum to be

11  fixed by the circuit court or judge, and proceeding with the

12  work, before the assessment by the jury; provided, any person

13  or party interested may prosecute and appeal to the

14  appropriate district court of appeal in the manner and within

15  the time provided by the Florida appellate rules.

16         The clerk of the circuit court of Broward County shall

17  transmit a certified copy of the court decree and copy of the

18  commissioners' report, as confirmed or amended by the court,

19  to the secretary of the board, and such clerk shall receive a

20  fee of $5 for receiving, filing, and preserving same as a

21  permanent record.

22         Section 15.  Adoption, revision, and revocation of plan

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

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

25  in section 14 and under section 298, Florida Statutes, and

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

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

28  reclamation or any plan providing for the drainage of lands

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

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

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

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

  2  new or additional drainage facilities, canals, ditches,

  3  levees, or other works, or in the event the total taxes and

  4  assessments theretofore levied or the funds derived from the

  5  sale of bonds are insufficient to pay the cost of any drainage

  6  works, benefits may be reassessed, additional assessments

  7  made, and taxes levied in accordance with the procedures

  8  provided in this act or in chapter 298, Florida Statutes. The

  9  board may at any time approve and make effective technical

10  changes or modifications in any plan of reclamation or

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

12  the security of bondholders.

13         Section 16.  Assessing land for reclamation;

14  apportionment of tax; lands belonging to state assessed;

15  drainage tax record.--After the lists of lands, with the

16  assessed benefits and the decree and judgment of court, have

17  been filed in the office of the clerk of the circuit court as

18  provided in section 14, then the board shall, without any

19  unnecessary delay, levy a tax of such portion of said benefits

20  on all lands in the district to which benefits have been

21  assessed, as may be found necessary by the board of

22  supervisors to pay the costs of the completion of the proposed

23  works and improvements, as shown in said plan of reclamation

24  and in carrying out the objects of said district; and, in

25  addition thereto, 10 percent of said total amount for

26  emergencies. The said tax shall be apportioned to, and levied

27  on, each tract of land in said district in proportion to the

28  benefits assessed, and not in excess thereof; and in case

29  bonds are issued, as provided in this act, a tax shall be

30  levied in a sum not less than an amount 90 percent of which

31  shall be equal to the principal of said bonds. The amount of

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  1  bonds to be issued for paying the cost of the works as set

  2  forth in the plan of reclamation shall be ascertained and

  3  determined by the board; provided, however, that the total

  4  amount of all bonds to be issued by the district shall in no

  5  case exceed 90 percent of the benefits assessed upon the lands

  6  of the district. The amount of the interest (as estimated by

  7  said board), which will accrue on such bonds, shall be

  8  included and added to the said tax, but the interest to accrue

  9  on account of the issuing of said bonds shall not be construed

10  as a part of the costs of construction in determining whether

11  or not the expenses and costs of making said improvements are

12  equal to, or in excess of, the benefits assessed. The

13  secretary of the board of supervisors, as soon as said total

14  tax is levied, shall, at the expense of the district, prepare

15  a list of all taxes levied, in the form of a well-bound book

16  which book shall be endorsed and named "DRAINAGE TAX RECORD OF

17  CORAL SPRINGS IMPROVEMENT DISTRICT, BROWARD COUNTY, FLORIDA"

18  which endorsement shall be printed or written at the top of

19  each page in said book, and shall be signed and certified by

20  the president and secretary of the board, attested by the seal

21  of the district, and the same shall thereafter become a

22  permanent record in the office of said secretary.

23         Section 17.  Prepayment of taxes or assessments.--The

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

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

26  the date of prepayment and any prepayment premiums or

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

28  proceedings authorizing any bonds or other obligations for the

29  payment of which special assessments have been pledged or

30  taxes levied.

31  

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  1         Section 18.  Tax liens.--All taxes of the district

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

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

  4  same and all costs in collecting the same, including a

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

  6  in the action brought to enforce payment, shall from January 1

  7  for each year the property is liable to assessment and until

  8  paid constitute a lien of equal dignity with the liens for

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

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

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

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

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

14  the lien for subsequent district taxes or installments of

15  district taxes which lien may be enforced against such

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

17  provisions of Florida Statutes shall be applicable to district

18  taxes with the same force and effect as if said provisions

19  were expressly set forth in this act.

20         Section 19.  Issuance of bond anticipation notes.--In

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

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

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

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

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

26  anticipation of the receipt of the proceeds of the sale of

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

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

29  bond issue. Such notes shall be in such denomination or

30  denominations, bear interest at such rate as the board may

31  determine, not to exceed 10 percent per year, mature at such

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

  2  issuance, and be in such form and executed in such manner as

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

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

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

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

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

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

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

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

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

12  be issued.

13         Section 20.  Short-term borrowing.--The district at any

14  time may obtain loans, in such amount and on such terms and

15  conditions as the board may approve, for the purpose of paying

16  any of the expenses of the district or any costs incurred or

17  that may be incurred in connection with any of the projects of

18  the district, which loans shall have a term not exceeding 2

19  years from the date of issuance thereof, and may be renewable

20  for a like term or terms, shall bear such interest as the

21  board may determine, not to exceed 10 percent per year, and

22  may be payable from and secured by a pledge of such funds,

23  revenues, taxes, and assessments as the board may determine.

24  For the purpose of defraying such costs and expenses, the

25  district may issue negotiable notes, warrants, or other

26  evidences of debt signed on behalf of the district by any one

27  of the board duly authorized by the board, such notes or other

28  evidences of indebtedness to be payable at such times, to bear

29  such interest as the board may determine not to exceed 10

30  percent per year, and to be sold or discounted at such price

31  or prices and on such terms as the board may deem advisable.

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  1  The board shall have the right to provide for the payment

  2  thereof by pledging the whole or any part of the funds,

  3  revenues, taxes, and assessments of the district. The approval

  4  of the qualified electors who are freeholders residing in the

  5  district shall not be necessary except where required by the

  6  Florida Constitution.

  7         Section 21.  Trust agreements.--In the discretion of

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

  9  agreement by and between the district and a corporate trustee

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

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

12  resolution authorizing the issuance of the bonds or such trust

13  agreement may pledge the revenues to be received from any

14  projects of the district and may contain such provisions for

15  protecting and enforcing the rights and remedies of the

16  bondholders as the board may approve, including, without

17  limitation, covenants setting forth the duties of the district

18  in relation to the acquisition, construction, reconstructions,

19  improvements, maintenance, repair, operation, and insurance of

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

21  charges, and the custody, safeguarding, and application of all

22  moneys, and for the employment of counseling engineers in

23  connection with such acquisition, construction,

24  reconstruction, improvement, maintenance, repair, or

25  operation. It shall be lawful for any bank or trust company

26  incorporated under the laws of the state which may act as a

27  depository of the proceeds of bonds or of revenues to furnish

28  such indemnifying bonds or to pledge such securities as may be

29  required by the district. Such resolution or trust agreement

30  may set forth the rights and remedies of the bondholders and

31  of the trustee, if any, and may restrict the individual right

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  1  of action by bondholders. The board may provide for the

  2  payment of the proceeds of the sale of the bonds and the

  3  revenues of any project to such officer, board, or depository

  4  as it may designate for the custody thereof, and for the

  5  method of disbursement thereof with such safeguards and

  6  restrictions as it may determine. All expenses incurred in

  7  carrying out the provisions of such resolution or trust

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

  9  the project to which such trust agreement pertains.

10         Section 22.  Sale of bonds.--Bonds may be sold in

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

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

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

14  may deem advisable but not in any event at less than 90

15  percent of the par value thereof, together with accrued

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

17  bonds. Special assessment and revenue bonds may be delivered

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

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

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

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

22  services rendered by any contractor, engineer, or other

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

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

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

26  exchanged, or delivered may be:

27         (a)  The money paid for the bonds,

28         (b)  The principal amount, plus accrued interest to the

29  date of redemption or exchange, or outstanding obligations

30  exchanged for refunding bonds, or

31  

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  1         (c)  In the case of special assessment or revenue

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

  3  persons paid with such bonds, or the fair value of any

  4  properties exchanged for the bonds, as determined by the

  5  board.

  6         Section 23.  Authorization and form of bonds.--Bonds

  7  may be authorized by resolution or resolutions of the board

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

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

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

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

12  authorize the issuance of bonds, fix the aggregate amount of

13  bonds to be issued, the purpose or purposes for which the

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

15  of interest, not to exceed 10 percent per year, the

16  denomination of the bonds, whether or not the bonds are to be

17  issued in one or more series, the date or dates of maturity,

18  which shall not exceed 40 years from their respective dates of

19  issuance, the medium of payment, the place or places within or

20  without the state where payment shall be made, registration

21  privileges, redemption terms and privileges (whether with or

22  without premium), the manner of execution, the form of the

23  bonds including any interest coupons to be attached thereto,

24  the manner of execution of bonds and coupons, and any and all

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

26  establishment of revenue or other funds. Such authorizing

27  resolution may further provide that such bonds may be executed

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

29  provided that where signatures are engraved, lithographed, or

30  facsimile no bond shall be valid unless countersigned by a

31  registrar or other officer designated by appropriate

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  1  resolution of the board. The seal of the district may be

  2  affixed, lithographed, engraved, or otherwise reproduced in

  3  facsimile on such bonds. In case any officer whose signature

  4  shall appear on any bonds or coupons shall cease to be such

  5  officer before the delivery of such bonds, such signature or

  6  facsimile shall nevertheless be valid and sufficient for all

  7  purposes the same as if he or she had remained in office until

  8  such delivery.

  9         Section 24.  Interim certificates; replacement

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

11  the board may issue interim certificates or receipts or

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

13  board may determine, exchangeable for definitive bonds when

14  such bonds shall have been executed and are available for

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

16  any bonds that shall become mutilated or be lost or destroyed.

17         Section 25.  Negotiability of bonds.--Any bond issued

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

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

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

21  and shall be and constitute negotiable instruments within the

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

23  of Florida.

24         Section 26.  Defeasance.--The board may make such

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

26  and interest of the holders of any of the bonds and

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

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

29  appropriate and, without limitation on the foregoing, may

30  provide that when such bonds or obligations become due and

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

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

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

  3  outstanding shall be paid, or sufficient moneys or direct

  4  obligations of the United States Government the principal of

  5  and the interest on which when due will provide, sufficient

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

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

  8  payable in connection with such bonds or other obligations,

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

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

11  properties by which such bonds are secured shall thereupon

12  cease, determine, and become void, and the board may apply any

13  surplus in any sinking fund established in connection with

14  such bonds or obligations and all balances remaining in all

15  other funds or accounts other than money held for the

16  redemption or payment of the bonds or other obligations to any

17  lawful purpose of the district as the board shall determine.

18         Section 27.  Issuance of additional bonds.--If the

19  proceeds of any bonds shall be less than the cost of

20  completing the project in connection with which such bonds are

21  issued, the board may authorize the issuance of additional

22  bonds, upon such terms and conditions as the board may provide

23  in the resolution authorizing the issuance thereof, but only

24  in compliance with the resolution or other proceedings

25  authorizing the issuance of the original bonds.

26         Section 28.  Refunding bonds.--The district shall have

27  the power to issue bonds to provide for the retirement or

28  refunding of any bonds or obligations of the district that at

29  the time of such issuance are or subsequently thereto become

30  due and payable, or that at the time of issuance have been

31  called or are or will be subject to call for redemption within

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  1  10 years thereafter, or the surrender of which can be procured

  2  from the holders thereof at prices satisfactory to the board.

  3  Refunding bonds may be issued at any time when in the judgment

  4  of the board such issuance will be advantageous to the

  5  district. No approval of the qualified electors who are

  6  freeholders residing in the district shall be required for the

  7  issuance of refunding bonds except in cases where such

  8  approval is required by the constitution. The board may, by

  9  resolution, confer upon the holders of such refunding bonds

10  all rights, powers, and remedies to which the holders would be

11  entitled if they continued to be the owners and had possession

12  of the bonds for the refinancing of which said refunding bonds

13  are issued, including, but not limited to, the preservation of

14  the lien of such bonds on the revenues of any project or on

15  pledged funds, without extinguishment, impairment, or

16  diminution thereof. The provisions of this act pertaining to

17  bonds of the district shall, unless the context otherwise

18  requires, govern the issuance of refunding bonds, the form and

19  other details thereof, the rights of the holders thereof, and

20  the duties of the board with respect to the same.

21         Section 29.  Revenue bonds.--

22         (1)  The district shall have the power to issue revenue

23  bonds from time to time without limitation as to amount. Such

24  revenue bonds may be secured by or payable from the gross or

25  net pledge of the revenues to be derived from any project or

26  combination of projects, from the rates, fees, or other

27  charges to be collected from the users of any project or

28  projects, from any revenue-producing undertaking or activity

29  of the district, or from any other source or pledged security.

30  Such bonds shall not constitute an indebtedness of the

31  district, and the approval of neither the qualified electors

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  1  nor the qualified electors who are freeholders shall be

  2  required unless such bonds are additionally secured by the

  3  full faith and credit and taxing power of the district.

  4         (2)  Any two or more projects may be combined and

  5  consolidated into a single project, and may thereafter be

  6  operated and maintained as a single project. The revenue bonds

  7  authorized herein may be issued to finance any one or more

  8  such projects, regardless of whether or not such projects have

  9  been combined and consolidated into a single project. If the

10  board deems it advisable, the proceedings authorizing such

11  revenue bonds may provide that the district may thereafter

12  combine the projects then being financed or theretofore

13  financed with other projects to be subsequently financed by

14  the district, and that revenue bonds to be thereafter issued

15  by the district shall be on parity with the revenue bonds then

16  being issued, all on such terms, conditions, and limitations

17  as shall be provided, and may further provide that the

18  revenues to be derived from the subsequent projects shall at

19  the time of the issuance of such parity revenue bonds be also

20  pledged to the holders of any revenue bonds theretofore issued

21  to finance the revenue undertakings which are later combined

22  with such subsequent projects. The district may pledge for the

23  security of the revenue bonds a fixed amount, without regard

24  to any fixed proportion of the gross revenues of any project.

25         Section 30.  General obligation bonds.--

26         (1)  The district shall have the power from time to

27  time to issue general obligation bonds in an aggregate

28  principal amount of bonds outstanding at any one time not in

29  excess of 35 percent of the assessed value of the taxable

30  property within the district as shown on the pertinent tax

31  records at the time of the authorization of the general

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  1  obligation bonds for which the full faith and credit of the

  2  district is pledged. Except for refunding bonds, no general

  3  obligation bonds shall be issued unless the issuance thereof

  4  shall have been approved at an election of freeholders held in

  5  accordance with the requirements for such election as

  6  prescribed by the Constitution of Florida. Such elections

  7  shall be called to be held in the district by the Board of

  8  County Commissioners of Broward County upon the request of the

  9  board of the district. The expenses of calling and holding

10  such referendum elections shall be borne by the district and

11  the district shall reimburse the county for any expenses

12  incurred in calling or holding such elections. In the

13  alternative, at the option of the board, the board may make

14  such other provision for the registration of such qualified

15  electors who are freeholders and the calling and holding of

16  such elections as the board may from time to time deem

17  appropriate.

18         (2)  The district may pledge its full faith and credit

19  for the payment of the principal and interest on such general

20  obligations bonds, and for any reserve or other funds provided

21  therefor, and may unconditionally and irrevocably pledge

22  itself to levy ad valorem taxes on all taxable property in the

23  district, to the extent necessary for the payment thereof,

24  without limitations as to rate or amount.

25         (3)  If the board shall determine to issue general

26  obligation bonds for more than one different purpose, the

27  approval of the issuance of the bonds for each and all such

28  purposes may be submitted to the freeholders on one and the

29  same ballot. The failure of the freeholders to approve the

30  issuance of bonds for any one or more purposes shall not

31  

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  1  defeat the approval of bonds for any purpose that shall be

  2  approved by the freeholders.

  3         Section 31.  Bonds as legal investment or

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

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

  6  act shall constitute legal investments for savings banks,

  7  banks, trust companies, insurance companies, executors,

  8  administrators, trustees, guardians, and other fiduciaries,

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

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

11  shall be and constitute securities which may be deposited by

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

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

14  companies as required or voluntary statutory deposits.

15         Section 32.  Covenants.--Any resolution authorizing the

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

17  deem advisable and all such covenants shall constitute valid

18  and legally binding and enforceable contracts between the

19  district and the bondholders, regardless of the time of

20  issuance thereof. Such covenants may include, without

21  limitation, covenants concerning the disposition of the bond

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

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

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

25  and the maintenance of adequate project revenues, the issuance

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

27  trustees and receivers, the acquisition of outstanding bonds

28  and obligations, restrictions on the establishing of competing

29  projects or facilities, restrictions on the sale or disposal

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

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

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

  2  assure the payment of revenues by users of district facilities

  3  and services, the discontinuance of district services by

  4  reason of delinquent payments, acceleration upon default, the

  5  execution of necessary instruments, the procedure for amending

  6  or abrogating covenants with the bondholders, and such other

  7  covenants as may be deemed necessary or desirable for the

  8  security of the bondholders.

  9         Section 33.  Validity of bonds; validation

10  proceedings.--

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

12  incontestable in the hands of bona fide purchasers or holders

13  for value and not be invalid because of any irregularity or

14  defects in the proceedings for the issue and sale thereof.

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

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

17  or newspapers published or of general circulation in Broward

18  County and within the district stating the date of adoption of

19  the resolution authorizing such obligations, the amount, the

20  maximum rate of interest and maturity of such obligations, and

21  the purpose in general terms for which such obligations are to

22  be issued, and further stating that any action or proceeding

23  questioning the validity of such obligations or of the

24  proceedings authorizing the issuance thereof, or of any of the

25  covenants made therein, must be instituted within 20 days

26  after the first publication of such notice, or the validity of

27  such obligations, proceedings, and covenants shall not be

28  thereafter questioned in any court whatsoever. If no such

29  action or proceeding is so instituted within such 20-day

30  period then the validity of such obligations, proceedings, and

31  covenants shall be conclusive, and all persons or parties

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  1  whatsoever shall be forever barred from questioning the

  2  validity of such obligations, proceedings, or covenants in any

  3  court whatsoever.

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

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

  6  of the district may be validated and confirmed by circuit

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

  8  Statutes, and laws amendatory thereof or supplementary

  9  thereto.

10         Section 34.  Within act furnishes full authority for

11  issuance of bonds.--This act constitutes full and complete

12  authority for the issuance of bonds and the exercise of the

13  powers of the district provided herein. No procedures or

14  proceedings, publications, notices, consents, approvals,

15  orders, acts, or things by the board, or any board, officers,

16  commission, department, agency, or instrumentality of the

17  district, other than those required by this act, shall be

18  required to issue any bonds or to do any act or perform

19  anything under this act, and the issuance or sale of bonds

20  pursuant to the provisions of this act need not comply with

21  the requirements of any other law applicable to the issuance

22  or sale of bonds, except as otherwise provided in this act,

23  and shall not require the consent or approval of the board of

24  drainage commissioners of the State of Florida or of any other

25  board, officers, commission, department, agency, or

26  instrumentality of the state or any political subdivision

27  thereof. Except as otherwise provided herein, no proceedings

28  or procedures of any character whatever shall be necessary or

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

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

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

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

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

  3  powers conferred by any other law.

  4         Section 35.  Pledge by the state to the bondholders of

  5  the district and to the Federal Government.--The State of

  6  Florida pledges to the holders of any bonds issued under this

  7  act that it will not limit or alter the rights of the district

  8  to own, acquire, construct, reconstruct, improve, maintain,

  9  operate, or furnish the projects or to levy and collect the

10  taxes, assessments, rentals, rates, fees, and other charges

11  provided for herein and to fulfill the terms of any agreement

12  made with the holders of such bonds or other obligations, that

13  it will not in any way impair the rights or remedies of the

14  holders.

15         Section 36.  Ad valorem taxes.--The board shall have

16  the power to levy and assess an ad valorem tax on all the

17  taxable real and tangible personal property in the district to

18  pay the principal of and interest on any general obligation

19  bonds of the district, to provide for any sinking or other

20  funds established in connection with any such bonds. The ad

21  valorem tax provided for herein shall be in addition to county

22  and all other ad valorem taxes provided for by law. Such tax

23  shall be assessed, levied, and collected in the same manner

24  and same time as county taxes.

25         Section 37.  Annual installment taxes.--

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

27  levy the annual installment of the total taxes which are

28  levied under section 298.36, Florida Statutes, which shall be

29  due and be collected during each year that county taxes are

30  due and collected and said annual installment and levy shall

31  be evidenced to and certified by the board not later than

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  1  August 31st of each year to the Broward County property

  2  appraiser. Said tax shall be entered by the county property

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

  4  the Broward County tax collector in the same manner and the

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

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

  7  against which assessed and enforceable in like manner as

  8  county taxes.

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

10  determine the amount of taxes as provided by section 298.37,

11  Florida Statutes, and thereafter the annual installments shall

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

13  Florida Statutes.

14         Section 38.  Maintenance tax.--To maintain and preserve

15  the drainage improvements of the district, a maintenance tax

16  shall be evidenced to and certified by the board of

17  supervisors not later than August 31st of each year to the

18  property appraiser and shall be entered by the property

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

20  the tax collector in the same manner and time as county taxes

21  and the proceeds therefrom paid to the district. The tax shall

22  be a lien until paid on the property against which assessed

23  and enforceable in like manner as county taxes. If the

24  maintenance is for original construction based upon an

25  apportionment of benefits, the maintenance tax shall be

26  apportioned on the same basis of the net assessments of

27  benefits assessed or accruing for original construction and

28  shall not exceed 10 percent thereof in any 1 year. If the

29  maintenance is for other drainage improvements owned,

30  operated, or acquired by the district, the amount of said

31  maintenance tax shall be determined by the board based upon a

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  1  report of the chief engineer and assessed by the board, upon

  2  such lands, which may be all of the lands within the district

  3  benefited by the maintenance thereof, apportioned between the

  4  benefited lands in proportion to the benefits received by each

  5  tract of land.

  6         Section 39.  Enforcement of taxes.--The collection and

  7  enforcement of all taxes levied by the district shall be at

  8  the same time and in like manner as county taxes and the

  9  provision of the Florida Statutes relating to the sale of

10  lands for unpaid and delinquent county taxes, the issuance,

11  sale, and delivery of tax certificates for such unpaid and

12  delinquent county taxes, the redemption thereof, the issuance

13  to individuals of tax deeds based thereon, and all other

14  procedures in connection therewith shall be applicable to the

15  district to the same extent as if said statutory provisions

16  were expressly set forth herein. All taxes shall be subject to

17  the same discounts as county taxes.

18         Section 40.  When unpaid tax is delinquent;

19  penalty.--All taxes provided for in this act shall become

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

21  the same manner as county taxes.

22         Section 41.  Tax exemption.--As the exercise of the

23  powers conferred by this act constitutes the performance of

24  essential public functions, and as the projects of the

25  district will constitute public property used for public

26  purposes, all assets and properties of the district, and all

27  bonds issued hereunder and interest paid thereon, and all

28  fees, charges, and other revenues derived by the district from

29  the projects provided by this act shall be exempt from all

30  taxes by the state or by any political subdivision, agency, or

31  instrumentality thereof; provided, however, that nothing in

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  1  this act shall be deemed to exempt from taxation any property,

  2  project, facility, business activity, or enterprise that

  3  cannot validly be undertaken as a public function by special

  4  taxing districts or other public bodies under the laws and

  5  Constitution of Florida; and further, that nothing in this act

  6  shall be deemed to exempt any property, project, facility, or

  7  business activity or enterprise of the district, or revenues

  8  derived therefrom, which would be subject to taxation under

  9  the general laws of Florida if such property, project, or

10  facility were owned or undertaken by a municipal corporation.

11         Section 42.  Special assessments.--The board may

12  provide for the construction or reconstruction of assessable

13  improvements as defined in section 4, and for the levying of

14  special assessments upon benefited property for the payment

15  thereof, under the provisions of this section.

16         Such special assessments may be levied and assessed in

17  either of the alternate methods provided in subsections (1)

18  and (2) below, and except for such procedure, all the other

19  provisions of this section and this act shall apply to levy of

20  such special assessments under either subsection (1) or

21  subsection (2) hereof.

22         The initial proceeding under subsection (1) or

23  subsection (2) of this section shall be the passage by the

24  board of a resolution ordering the construction or

25  reconstruction of such assessable improvements, indicating the

26  location by terminal points and routes and either giving a

27  description of the improvements by its material, nature,

28  character, and size or giving two or more descriptions with

29  the directions that the material, nature, character, and size

30  shall be subsequently determined in conformity with one of

31  such descriptions. Drainage improvements need not be

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  1  continuous and may be in more than one locality. The

  2  resolution ordering any such improvement may give any short

  3  and convenient designation to each improvement ordered

  4  thereby, and the property against which assessments are to be

  5  made for the cost of such improvement may give any short and

  6  convenient designation to each improvement ordered thereby,

  7  and the property against which assessments are to be made for

  8  the cost of such improvement may be designated as an

  9  assessment district, followed by a letter or number or name to

10  distinguish it from other assessment districts, after which it

11  shall be sufficient to refer to such improvement and property

12  by such designation in all proceedings and assessments, except

13  in the notices required by this section.

14         As soon as possible after the passage of such

15  resolution the engineer for the district shall prepare, in

16  duplicate, plans and specifications for each improvement

17  ordered thereby and an estimate of the cost thereof. Such cost

18  shall include, in addition to the items of cost as defined in

19  this act, the following items of incidental expenses:

20         Printing and publishing notices and proceedings;

21         Costs of abstracts of title; and

22         Any other expense necessary or proper in conducting the

23  proceedings and work provided for in this section, including

24  the estimated amount of discount, if any, financial expenses

25  upon the sale of assessment bonds or any other obligations

26  issued hereunder for which such special assessment bonds or

27  any other obligations issued hereunder for which such special

28  assessments are to be pledged, and interest prior to and until

29  not more than 2 years after the completion of said assessable

30  improvements. If the resolution shall provide alternative

31  descriptions of material, nature, character, and size, such

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  1  estimate shall include an estimate of the cost of the

  2  improvement of each such description.

  3         The district engineer shall next prepare in duplicate a

  4  tentative apportionment of the estimated total cost of the

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

  6  land subject to special assessment under the resolution, such

  7  apportionment to be made in accordance with the provisions of

  8  the resolution and in relation to apportionment of cost

  9  provided herein for the preliminary assessment roll. Such

10  tentative apportionment of total estimated cost shall not be

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

12  preparation of such preliminary assessment roll under

13  subsection (1) hereof. One of the duplicates of such plans,

14  specifications, and estimates and such tentative apportionment

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

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

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

18         (1)  If the special assessments are to be levied under

19  this subsection (1) the secretary of the board upon filing

20  with him or her of such plans, specifications, estimates, and

21  tentative apportionment of cost shall publish once in a

22  newspaper published in Broward County and of general

23  circulation in the district, a notice stating that at a

24  meeting of the board on a certain day and hour, not earlier

25  than 15 days from such publication, the board will hear

26  objections of all interested persons to the confirmation of

27  such resolution, which notice shall state in brief and general

28  terms a description of the proposed assessable improvements

29  with the location thereof, and shall also state that plans,

30  specifications, estimates, and tentative apportionment of cost

31  thereof are on file with the secretary of the board. A copy of

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  1  the notice shall be mailed to the landowners of the land to be

  2  benefited by construction of the assessable improvement. The

  3  landowners shall be determined by reference to the last

  4  available tax roll of Broward County. The secretary of the

  5  board shall keep a record in which shall be inscribed, at the

  6  request of any person, firm, or corporation having or claiming

  7  to have any interest in any lot or parcel of land, the name

  8  and post office address of such person, firm, or corporation,

  9  together with a brief description or designation of such lot

10  or parcel, and it shall be the duty of the secretary of the

11  board to mail a copy of such notice to such person, firm, or

12  corporation at such address at least 10 days before the time

13  for the hearing as stated in such notice, but the failure of

14  the secretary of the board to keep such record or so to

15  inscribe any name or address or to mail any such notice shall

16  not constitute a valid objection to holding the hearing as

17  provided in this section or to any other action taken under

18  the authority of this section.

19         At the time named in such notice, or to which an

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

21  any objections of interested persons and may then or

22  thereafter repeal or confirm such resolution with such

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

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

25         All objections to any such resolution on the ground

26  that it contains items which cannot be properly assessed

27  against property, or that it is, for any default or defect in

28  the passage or character of the resolution or the plans or

29  specifications or estimate, void or voidable in whole or in

30  part, or that it exceeds the power of the board, shall be made

31  in writing in person or by attorney, and filed with the

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

  2  of such hearing. Any objections against the making of any

  3  assessable improvements not so made shall be considered as

  4  waived, and if any objection shall be made and overruled or

  5  shall not be sustained, the confirmation of the resolution

  6  shall be the final adjudication of the issue presented unless

  7  proper steps shall be taken in a court of competent

  8  jurisdiction to secure relief within 20 days.

  9         Whenever any resolution providing for the construction

10  or reconstruction of assessable improvements and for the

11  levying of special assessments upon benefited property for the

12  payment thereof shall have been confirmed, and said special

13  assessments are levied under this subsection (1) as

14  hereinabove provided, or at any time thereafter, the board may

15  issue assessment bonds payable out of such assessments when

16  collected. Such bonds shall mature not later than 2 years

17  after the maturity of the last annual installment in which

18  said special assessments may be paid, as provided in

19  subsection (3) hereof, and shall bear such interest as the

20  board may determine not to exceed 10 percent per year. Such

21  assessment bonds shall be executed, shall have such provisions

22  for redemption prior to maturity, and shall be sold in the

23  manner and be subject to all of the applicable provisions

24  contained in this act applicable to other bonds, except as the

25  same are inconsistent with the provisions of this section. The

26  amount of such assessment bonds for any assessable

27  improvement, prior to the confirmation of the preliminary

28  assessment roll provided for in subsection (1), shall not

29  exceed the estimated amount of the cost of such assessable

30  improvements which are to be specially assessed against the

31  

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  1  lands and real estate of the engineer referred to in this

  2  section.

  3         After the passage of the resolution authorizing the

  4  construction or reconstruction of assessable improvements has

  5  been confirmed as provided for above where special assessments

  6  are levied under subsection (1) or after the final

  7  confirmation of the assessment roll where such assessments are

  8  levied under subsection (2), the board may publish at least

  9  once in a newspaper published in Broward County and of general

10  circulation in the district, a notice calling for sealed bids

11  to be received by the board on a date not earlier than 15 days

12  from the first publication for the construction of the work,

13  unless in the initial resolution the board shall have declared

14  its intention to have the work done by district forces without

15  contract. The notice shall refer in general terms to the

16  extent and nature of the improvements and may identify the

17  same by the short designation indicated in the initial

18  resolution and by reference to the plans and specifications on

19  file. If the initial resolution shall have given two or more

20  alternative descriptions of the assessable improvements as to

21  its material, nature, character, and size, and if the board

22  shall not have theretofore determined upon a definite

23  description, the notice shall call for bids upon each of such

24  descriptions. Bids may be requested for the work as whole or

25  for any part thereof separately and bids may be asked for any

26  one or more of such assessable improvements authorized by the

27  same or different resolutions, but any bid covering work upon

28  more than one improvement shall be in such form as to permit a

29  separation of cost as to each improvement. The notice shall

30  require bidders to file with their bids either a certified

31  check drawn upon an incorporated bank or trust company in such

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  1  amount or percentage of their respective bids, as the board

  2  shall deem advisable, or a bid bond in like amount with

  3  corporate surety satisfactory to the board to ensure the

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

  5  with such plans and specifications and ensure the filing at

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

  7  contract price with corporate surety satisfactory to the board

  8  conditioned for the performance of the work in accordance with

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

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

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

12  forces without contract.

13         Promptly after the completion of the work, in the case

14  of special assessments levied under subsection (1), the

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

16  official of the district to make the preliminary assessment of

17  benefits from assessable improvements, shall prepare a

18  preliminary assessment roll and file the same with the

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

20         (a)  A description of abutting lots and parcels of land

21  or lands which will benefit from such assessable improvements

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

23  land. Such lots and parcels shall include the property of

24  Broward County and any school district or other political

25  subdivision. There shall also be given the name of the owner

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

27  cases there shall be given a statement of the method of

28  assessment used by the engineer for determining the benefits.

29         (b)  The total cost of the improvements and the amount

30  of incidental expense.

31  

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  1         The preliminary roll shall be advisory only and shall

  2  be subject to the action of the board as hereafter provided.

  3  Upon the filing with the secretary of the board of the

  4  preliminary assessment roll, the secretary of the board shall

  5  publish at least once in a newspaper published in Broward

  6  County and of general circulation in the district, a notice

  7  stating that at a meeting of the board to be held on a certain

  8  day and hour, not less than 15 days from the date of such

  9  publication, which meeting may be a regular, adjourned, or

10  special meeting, all interested persons may appear and file

11  written objections to the confirmation of such roll. Such

12  notice shall state the class of the assessable improvements

13  and the location thereof by terminal points and route.

14         At the time and place stated in such notice the board

15  shall meet and receive the objections in writing of all

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

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

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

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

20  such roll, either by confirming the prima facie assessment

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

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

23  special benefits which the board decides each such lot or

24  parcel has received or will receive on account of such

25  improvement. If any property that may be chargeable under this

26  section shall have been omitted from the preliminary roll or

27  if the prima facie assessment shall not have been made against

28  it, the board may place on such roll an apportionment to such

29  property. The board shall not confirm any assessment in excess

30  of the special benefits to the property assessed, and the

31  assessments so confirmed shall be in proportion to the special

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  1  benefits. Forthwith after such confirmation such assessment

  2  roll shall be delivered to the secretary of the board. The

  3  assessment so made shall be final and conclusive as to each

  4  lot or parcel assessed unless proper steps are taken within 30

  5  days in a court of competent jurisdiction to secure relief. If

  6  the assessment against any property shall be sustained or

  7  reduced or abated by the court, the secretary of the board

  8  shall note that fact on the assessment roll opposite the

  9  description of the property affected thereby. The amount of

10  the special assessment against any lot or parcel which may be

11  abated by the court, unless the assessment upon all benefited

12  property be abated, or the amount by which such assessment is

13  so reduced, may by resolution of the board be made chargeable

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

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

16  the manner hereinabove provided for the preparation and

17  confirmation of the original assessment roll.

18         Pending the final confirmation of such special

19  assessments in the manner provided in this subsection (1), the

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

21  after the confirmation of the initial resolution, in the

22  manner provided in this subsection (1).

23         (2)  The district engineer, under the procedure

24  provided for in this subsection (2) shall next, after the

25  passage of the initial resolution and filing of the plans and

26  estimates of cost by the district engineer, prepare an

27  assessment roll for the district in duplicate, which

28  assessment roll shall contain an apportionment of the

29  estimated total cost of the improvement as between the

30  district and each lot or parcel of land subject to the special

31  assessment under the initial resolution, such apportionment to

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  1  be made in accordance with the provisions of the initial

  2  resolution. One of the duplicates of said assessment roll

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

  4  duplicate shall be retained by the district engineer in his or

  5  her files, all thereof to remain open to public inspection.

  6         Upon the completion and filing of said assessment roll

  7  the secretary to the board shall cause a copy thereof to be

  8  published once in a newspaper published in Broward County and

  9  of general circulation in the district, together with a notice

10  directed to all property owners interested in said special

11  assessments stating that at a meeting of the board on a

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

13  publication, the board, sitting as an equalizing board, will

14  hear objections of all interested persons to the final

15  confirmation of such assessment roll, and will finally confirm

16  such assessment roll or take such action relative thereto as

17  it deems necessary and advisable. A copy of the notice shall

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

19  construction of the assessable improvement. The landowners

20  shall be determined by reference to the last available tax

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

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

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

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

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

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

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

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

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

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

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

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

  2  valid objection to holding the hearing as provided in this

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

  4  this section.

  5         At the time and place named in the notice provided for

  6  in the above paragraph, the board shall meet as an equalizing

  7  board to hear and consider any and all complaints as to said

  8  special assessments, and shall adjust and equalize the said

  9  special assessments on a basis of justice and right, and when

10  so equalized and approved such special assessments shall stand

11  confirmed and remain legal, valid, and binding liens upon the

12  properties upon which such special assessments are made, until

13  paid in accordance with the provisions of this act; provided,

14  however, that upon the completion of such improvements, if the

15  actual cost of such assessable improvements is less than the

16  amount of such special assessments levied, the district shall

17  rebate to the owners of any properties which shall have been

18  specially assessed for such assessable improvements the

19  difference in the special assessments as originally made,

20  levied, and confirmed, and the proportionate part of the

21  actual cost of said assessable improvements as finally

22  determined upon the completion of said assessable

23  improvements; and in the event that the actual cost of said

24  assessable improvements shall be more than the amount of such

25  special assessments confirmed and levied, finally determined

26  upon the completion of said assessable improvements, the

27  proportionate part of such excess cost of such assessable

28  improvements may be levied against all of the lands and

29  properties against which such special assessments were

30  originally levied, or, in the alternative, the board may, in

31  

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  1  its discretion, pay such excess cost from any legally

  2  available funds.

  3         All objections to any such assessment roll on the

  4  ground that it contains items which cannot be properly

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

  6  defect in the passage or character of the assessment roll or

  7  the plans or specifications or estimate, void or voidable in

  8  whole or in part, or that it exceeds the power of the board,

  9  shall be made in writing in person or by attorney, and filed

10  with the secretary of the board at or before the time or

11  adjourned time of such hearing on the assessment roll. Any

12  objections against the making of any assessable improvements

13  not so made shall be considered as waived, and if any

14  objections shall be made and overruled or shall not be

15  sustained, the confirmation of the assessment roll shall be

16  the final adjudication of the issue presented unless proper

17  steps shall be taken in a court of competent jurisdiction to

18  secure relief within 20 days.

19         All the provisions of subsection (1) not inconsistent

20  with subsection (2) shall apply to the levy of special

21  assessments under subsection (2).

22         (3)  Any assessment may be paid at the office of the

23  secretary of the board within 60 days after the confirmation

24  thereof, without interest. Thereafter all assessments shall be

25  payable in equal installments, with interest as determined by

26  the board, not to exceed 10 percent per year, from the

27  expiration of said 60 days in each of the succeeding number of

28  years which the board shall determine by resolution, not

29  exceeding 20; provided, however, that the board may provide

30  that any assessment may be paid at any time before due,

31  together with interest accrued thereon to the date of payment,

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  1  if such prior payment shall be permitted by the proceedings

  2  authorizing any assessment bonds or other obligations for the

  3  payment of which such special assessments have been pledged.

  4         All such special assessments levied pursuant to this

  5  act may, in the discretion of the board, be collected by the

  6  tax collector of the county at the same time as the general

  7  county taxes are collected by the tax collector of the county,

  8  and the board shall in such event certify to the county tax

  9  collector in each year a list of all such special assessments

10  and a description of and names of the owners of the properties

11  against which such special assessments have been levied and

12  the amounts due thereof in such year, and interest thereon for

13  any deficiencies for prior years. The amount to be collected

14  in such year may include, in the discretion of the board, the

15  principal installment of such special assessments which will

16  become due at any time in the next succeeding fiscal year, and

17  all or any part of the interest which will become due on such

18  special assessments during such next fiscal year, together

19  with any deficiencies for prior years.

20         The board may, in lieu of providing for the collection

21  of said special assessments by the tax collector of the

22  county, provide for the collection of said special assessments

23  by the district under such terms and conditions as the board

24  shall determine. In such event, the bills or statements for

25  the amounts due in any fiscal year shall be mailed to the

26  owners of all properties affected by such special assessments

27  at such time or times as the board shall determine and such

28  bills or statements may include all or any part of the

29  principal and interest which will mature and become due on the

30  annual installments of such special assessments during the

31  

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  1  fiscal year in which installments of such special assessments

  2  are payable.

  3         All charges of the county tax collector or of the

  4  district, and the fees, costs, and expenses of any paying

  5  agents, trustees, or other fiduciaries for assessment bonds

  6  issued under this act, shall be deemed to be costs of the

  7  operation and maintenance of any drainage improvements in

  8  connection with which such special assessments were levied and

  9  the board shall be authorized and directed to provide for the

10  payment each year of such costs of collection, fees, and other

11  expenses from the maintenance tax as provided in this act as

12  shall be mutually agreed upon between the board and the county

13  tax collector as additional compensation for his or her

14  services for each such assessment district in which the

15  special assessments are collected by him or her.

16         All assessments shall constitute a lien upon the

17  property so assessed from the date of final confirmation

18  thereof, of the same nature and to the same extent as the lien

19  for general county taxes falling due in the same year or years

20  in which such assessments or installments thereof fall due,

21  and any assessment or installment not paid when due shall be

22  collectable with such interest and with reasonable attorney's

23  fees and costs, but without penalties, by the district by

24  proceedings in a court of equity to foreclose the line of

25  assessments as a lien for mortgages is or may be foreclosed

26  under the laws of the state; provided that any such

27  proceedings to foreclose shall embrace all installments of

28  principal remaining unpaid with accrued interest thereon,

29  which installments shall, by virtue of the institution of such

30  proceedings, immediately become due and payable. Nevertheless,

31  if, prior to any sale of the property under decree of

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  1  foreclosure in such proceedings, payment be made of the

  2  installment or installments which are shown to be due under

  3  the provisions of subsections (1) or (2) of this section, and

  4  by this subsection (3) and all costs, including interest and

  5  reasonable attorney's fees, such payment shall have the effect

  6  of restoring the remaining installments to their original

  7  maturities as provided by the resolution passed pursuant to

  8  this subsection (3) and the proceedings shall be dismissed. It

  9  shall be the duty of the board to enforce the prompt

10  collection of assessment by the means herein provided, and

11  such duty may be enforced at the suit of any holder of bonds

12  issued under this act in a court of competent jurisdiction by

13  mandamus or other appropriate proceedings or action. Not later

14  than 30 days after the annual installments are due and

15  payable, it shall be the duty of the board to direct the

16  attorney for the district to institute actions within 2 months

17  after such direction to enforce the collection of all special

18  assessments for assessable improvements made under this

19  section and remaining due and unpaid at the time of such

20  direction. Such action shall be prosecuted in the manner and

21  under the conditions in and under which mortgages are

22  foreclosed under the laws of the state. It shall be lawful to

23  join in one action the collection of assessments against any

24  or all property assessed by virtue of the same assessment roll

25  unless the court shall deem such joinder prejudicial to the

26  interest of any defendant. The court shall allow reasonable

27  attorney's fees for the attorney for the district and the same

28  shall be collectable as a part of or in addition to the costs

29  of the action. At the sale pursuant to decree in any such

30  action, the district may be a purchaser to the same extent as

31  an individual person or corporation, except that the part of

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  1  the purchase price represented by the assessments sued upon

  2  and the interest thereon need not be paid in cash. Property so

  3  acquired by the district may be sold or otherwise disposed of.

  4         All assessments and charges made under the provisions

  5  of this section for the payment of all or any part of the cost

  6  of any assessable improvements for which assessment bonds

  7  shall have been issued under the provisions of this act, or

  8  which have been pledged as additional security for any other

  9  bonds or obligations issued under this act, shall be

10  maintained in a special fund or funds and be used only for the

11  payment of principal or interest on such assessment bonds or

12  other bonds or obligations.

13         Broward County and each school district and other

14  political subdivision wholly or partly within the district

15  shall possess the same power and be subject to the same duties

16  and liabilities in respect of assessments under this section

17  affecting the real estate of such county, school district, or

18  other political subdivision which private owners of real

19  estate possess or are subject to hereunder, and such real

20  estate of any such county, school district, and political

21  subdivision shall be subject to liens for said assessments in

22  all cases where the same property would be subject to such

23  liens had it at the time the lien attached been owned by a

24  private owner.

25         Section 43.  Issuance of certificates of indebtedness

26  based on assessments for assessable improvements; assessment

27  bonds.--

28         (1)  The board may, after any assessments for

29  assessable improvements are made, determined, and confirmed,

30  as provided in section 42, issue certificates of indebtedness

31  for the amount so assessed against the abutting property or

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  1  property otherwise benefited, as the case may be, and separate

  2  certificates shall be issued against each part or parcel of

  3  land or property assessed, which certificates shall state the

  4  general nature of the improvement for which the said

  5  assessment is made. Said certificates shall be payable in

  6  annual installments in accordance with the installments of the

  7  special assessment for which they are issued. The board may

  8  determine the interest to be borne by such certificates, not

  9  to exceed 10 percent per year, and may sell such certificates

10  at either private or public sale and determine the form,

11  manner of execution, and other details of such certificates.

12  Such certificates shall recite that they are payable only from

13  the special assessments levied and collected from the part or

14  parcel of land or property against which they are issued. The

15  proceeds of such certificates may be pledged for the payment

16  of principal of and interest on any revenue bonds or general

17  obligation bonds issued to finance in whole or in part such

18  assessable improvement, or, if not so pledged, may be used to

19  pay the cost or part of the cost of such assessable

20  improvements.

21         (2)  The district may also issue assessment bonds or

22  other obligations payable from a special fund into which such

23  certificates of indebtedness referred to in the preceding

24  paragraph may be deposited; or, if such certificates of

25  indebtedness have not been issued, the district may assign to

26  such special fund for the benefit of the holders of such

27  assessment bonds or other obligations, or to a trustee for

28  such bondholders, the assessment liens provided for in this

29  act unless such certificates of indebtedness or assessment

30  liens have been theretofore pledged for any bonds or other

31  obligations authorized hereunder. In the event of the creation

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  1  of such special fund and the issuance of such assessment bonds

  2  or other obligations, the proceeds of such certificates of

  3  indebtedness of assessment liens deposited therein shall be

  4  used only for the payment of the assessment bonds or other

  5  obligations issued as provided in this section. The district

  6  is hereby authorized to covenant with the holders of such

  7  assessment bonds or other obligations that it will diligently

  8  and faithfully enforce and collect all the special assessments

  9  and interest and penalties thereon for which such certificates

10  of indebtedness or assessment liens have been deposited in or

11  assigned to such fund and to foreclose such assessment liens

12  so assigned to such special fund or represented by the

13  certificates of indebtedness deposited in said special fund,

14  after such assessment liens have become delinquent, and

15  deposit the proceeds derived from such foreclosure, including

16  interest and penalties, in such special fund, and to make any

17  other covenants deemed necessary or advisable in order to

18  properly secure the holders of such assessment bonds or other

19  obligations.

20         (3)  The assessment bonds or other obligations issued

21  pursuant to this section shall have such dates of issue and

22  maturity as shall be deemed advisable by the board, provided,

23  however, that the maturities of such assessment bonds or other

24  obligations shall not be more than 2 years after the due date

25  of the last installment which will be payable on any of the

26  special assessments for which such assessment liens, or the

27  certificates of indebtedness representing such assessment

28  liens, are assigned to or deposited in such special fund.

29         Such assessment bonds or other obligations issued under

30  this section shall bear such interest as the board may

31  determine, not to exceed 10 percent per year, shall be

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  1  executed, shall have such provisions for redemption prior to

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

  3  all of the applicable provisions contained in this act for

  4  revenue bonds, except as the same may be inconsistent with the

  5  provisions of this section.

  6         All assessment bonds or other obligations issued under

  7  the provisions of this act, except certificates of

  8  indebtedness issued against separate lots or parcels of land

  9  or property as provided in this section, shall be and

10  constitute and have all the qualities and incidents of

11  negotiable instruments under the law merchange and the laws of

12  the state.

13         Section 44.  Foreclosure of liens.--Any lien in favor

14  of the district arising under chapter 298, Florida Statutes,

15  or under this act may be foreclosed by the district by

16  foreclosure proceedings in the name of the district in the

17  circuit court in like manner as is provided in chapter 173,

18  Florida Statutes, and amendments thereto, and the provisions

19  of said chapter shall be applicable to such proceedings with

20  the same force and effect as if said provisions were expressly

21  set forth in this act. Any act required or authorized to be

22  done by or on behalf of a city or town in foreclosure

23  proceedings under chapter 173, Florida Statutes, may be

24  performed by such officer or agent of the district as the

25  board of supervisors may designate. Such foreclosure

26  proceedings may be brought at any time after the expiration of

27  one year from the date any tax, or installment thereof,

28  becomes delinquent.

29         Section 45.  Payment of taxes and redemption of tax

30  liens by the district; sharing in proceeds of tax sale under

31  section 194.21, Florida Statutes.--

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  1         (1)  The district has the right to:

  2         (a)  Pay any delinquent state, county, district,

  3  municipal, or other tax or assessment upon lands located

  4  wholly or partially within the boundaries of the district; and

  5         (b)  Redeem or purchase any tax sales certificate

  6  issued or sold on account of any state, county, district,

  7  municipality, or other taxes or assessments upon lands located

  8  wholly or partially within the boundaries of the district.

  9         (2)  Delinquent taxes paid, or tax sales certificates

10  redeemed or purchased, by the district, together with all

11  penalties for the default in payment of the same and all costs

12  in collecting the same and a reasonable attorney's fee, shall

13  constitute a lien in favor of the district of equal dignity

14  with the liens of state and county taxes and other taxes of

15  equal dignity with state and county taxes, upon all the real

16  property against which said taxes were levied. The lien of the

17  district may be foreclosed in the manner provided in this act.

18         (3)  In any sale of land pursuant to section 194.21,

19  Florida Statutes, and amendments thereto, the district may

20  certify to the clerk of the circuit court of the county

21  holding such sale, the amount of taxes due to the district

22  upon the lands sought to be sold, and the district shall share

23  in the disbursement of the sales proceeds in accordance with

24  the provisions of this act and under law.

25         Section 46.  Mandatory use of certain district

26  facilities and services.--The district may require all lands,

27  buildings, and premises, and all persons, firms, and

28  corporations within the district to use the drainage,

29  reclamation, and water and sewer facilities of the district.

30  Subject to such exceptions as may be provided by the

31  resolutions, rules, or by-laws of the board, and subject to

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  1  the terms and provisions of any resolution authorizing any

  2  bonds and agreements with bondholders, no drainage and

  3  reclamation or water and sewer facilities shall be constructed

  4  or operated within the district unless the board gives its

  5  consent thereto and approves the plans and specifications

  6  therefor.

  7         Section 47.  Bids required.--No contract shall be let

  8  by the board for the construction or maintenance of any

  9  project authorized by this act, nor shall any goods, supplies,

10  or materials be purchased when the amount thereof to be paid

11  by said district shall exceed $4,000, unless notice of bids

12  shall be advertised once a week for 2 consecutive weeks in a

13  newspaper published in Broward County and in general

14  circulation in the district, and in each case the bid of the

15  lowest responsible bidder shall be accepted, unless all bids

16  are rejected because the bids are too high. The board may

17  require the bidders to furnish bond with responsible surety to

18  be approved by the board. Nothing in this section shall

19  prevent the board from undertaking and performing the

20  construction, operation, and maintenance of any project or

21  facility authorized by this act, by the employment of labor,

22  material, and machinery.

23         Section 48.  Maintenance of projects across

24  rights-of-way.--The district shall have the power to construct

25  and operate its projects in, along, or under any dedications

26  to the public, platted rights-of-way, platted reservations,

27  streets, alleys, highways, or other public places or ways, and

28  across any drain, ditch, canal, floodway, holding basin,

29  excavation, grade, fill, or cut, within or without the

30  district.

31  

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  1         Section 49.  Agreements with state commissions and

  2  others.--The board shall have the power to retain and enter

  3  into agreements with fiscal agents, financial advisors, state

  4  commissions, engineers, and other consultants or advisors with

  5  respect to the issuance and sale of any bonds, and the cost

  6  and expense thereof may be treated as part of the cost and

  7  expense of such project. Upon request of the board, any state

  8  commission may provide such technical assistance or other

  9  services relating to bond issues as may be necessary or

10  desirable under the circumstances.

11         Section 50.  Agreements with other political bodies for

12  the joint discharge of common functions.--The board and any

13  other political bodies, whether now in existence or hereafter

14  created, are authorized to enter into and carry into effect

15  contracts and agreements relating to the common powers,

16  duties, and functions of the board and any other political

17  bodies, to the end that there may be effective cooperation and

18  coordination in discharging their common functions, powers,

19  and duties.

20         Section 51.  Fees, rentals, and charges; procedure for

21  adoption and modifications; minimum revenue requirements.--

22         (1)  The district is authorized to prescribe, fix,

23  establish, and collect rates, fees, rentals, or other charges

24  (hereinafter sometimes referred to as "revenues"), and to

25  revise the same from time to time, for the facilities and

26  services furnished by the district, within or without the

27  limits of the district; including, but not limited to,

28  drainage facilities, recreation facilities, and water and

29  sewer systems, to recover the costs of making connection with

30  any district facility or system; and to provide for reasonable

31  

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  1  penalties against any user or property for any such rates,

  2  fees, rentals, or other charges that are delinquent.

  3         (2)  No such rates, fees, rentals, or other charges for

  4  any of the facilities or services of the district shall be

  5  fixed until after a public hearing at which all the users of

  6  the proposed facility or services or owners, tenants, or

  7  occupants served or to be served thereby and all other

  8  interested persons shall have an opportunity to be heard

  9  concerning the proposed rates, fees, rentals, or other

10  charges. Notice of such public hearing setting forth the

11  proposed schedule or schedules of rates, fees, rentals, and

12  other charges shall have been published in a newspaper in

13  Broward County and of general circulation in the district at

14  least once at least 10 days prior to such public hearing,

15  which may be adjourned from time to time. After such hearing

16  such schedule or schedules, either as initially proposed, or

17  as modified or amended, may be finally adopted. A copy of the

18  schedule or schedules of such rates, fees, rentals, or charges

19  as finally adopted shall be kept on file in an office

20  designated by the board and shall be open at all reasonable

21  times to public inspection. The rates, fees, rentals, or

22  charges so fixed for any class of users or property served

23  shall be extended to cover any additional users or properties

24  thereafter served which shall fall in the same class, without

25  the necessity of any notice or hearing. Any change or revision

26  of rates, fees, rentals, or charges may be made in the same

27  manner as the same were originally established, as hereinabove

28  provided, except that if such changes or revisions are made

29  substantially pro rata as to all classes of the type of

30  service involved no notice or hearing shall be required.

31  

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  1         (3)  Such rates, fees, rentals, and charges shall be

  2  just and equitable and uniform for users of the same class,

  3  and where appropriate may be based or computed either upon the

  4  amount of service furnished or upon the number or average

  5  number of persons residing or working or otherwise occupying

  6  the premises served, or upon any other factor affecting the

  7  use of the facilities furnished, or upon any combination of

  8  the foregoing factors, as may be determined by the board on an

  9  equitable basis.

10         (4)  The rates, fees, rentals, or other charges

11  prescribed shall be such as will produce revenues, together

12  with any other assessments, taxes, revenues, or fund available

13  or pledged for such purpose, at least sufficient to provide

14  for the items hereinafter listed, but not necessarily in the

15  order stated to:

16         (a)  Provide for all expenses of operation and

17  maintenance of such facility or service;

18         (b)  Pay when due all bonds and interest thereon for

19  the payment of which such revenues are, or shall have been,

20  pledged or encumbered, including reserves for such purpose;

21  and

22         (c)  Provide for any other funds which may be required

23  under the resolution or resolutions authorizing the issuance

24  of bonds pursuant to this act.

25         (5)  The board shall have the power to enter into

26  contracts for the use of the projects of the district and with

27  respect to the services and facilities furnished or to be

28  furnished by the district, including, but not limited to,

29  service agreements with landowners and others within or

30  without the district providing for the drainage of land by the

31  district or the furnishing of any of the other services and

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  1  facilities of the district, for such consideration and on such

  2  other terms and conditions as the board may approve. No

  3  hearing or notice thereof shall be required prior to the

  4  authorization or execution by the board of any such contract

  5  or agreement, and the same shall not be subject to revision

  6  except in accordance with their terms. Such contracts or

  7  agreements, and revenues or service charges received or to be

  8  received by the district thereunder, may be pledged as

  9  security for any of the lands of the district.

10         Section 52.  Recovery of delinquent charges.--In the

11  event that any of the rates, fees, rentals, charges, or

12  delinquent penalties shall not be paid as and when due and

13  shall be in default for 30 days or more, the unpaid balance

14  thereof and all interest accrued thereon, together with

15  reasonable attorney's fees and costs, may be recovered by the

16  district in a civil action.

17         Section 53.  Discontinuance of service.--In the event

18  that the fees, rentals, or other charges for the services and

19  facilities of any project are not paid when due, the board

20  shall have the power to discontinue and shut off the same

21  until such fees, rentals, or other charges, including

22  interest, penalties, and charges for the shutting off and

23  discontinuance and the restoration of such services and

24  facilities, are fully paid, and for such purposes may enter on

25  any lands, waters, and premises of any person, firm,

26  corporation, or body, public or private, within or without the

27  district limits. Such delinquent fees, rentals, or other

28  charges, together with interest, penalties, and charges for

29  the shutting off and discontinuance and the restoration of

30  such services and facilities, and the reasonable attorney's

31  fees and other expenses, may be recovered by the district,

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  1  which may also enforce payment of such delinquent fees,

  2  rentals, or other charges by any other lawful method of

  3  enforcement.

  4         Section 54.  Action taken on consent of

  5  landowners.--Any action required under this act or under

  6  chapter 298, Florida Statutes, to be taken on public hearing

  7  for the purpose of receiving and passing on objections by

  8  landowners may be taken without such notice or hearing upon

  9  the written consent of all of the landowners affected by such

10  action.

11         Section 55.  Enforcement and penalties.--The board or

12  any aggrieved person may have recourse to such remedies in law

13  and equity as may be necessary to ensure compliance with the

14  provisions of this act, including injunctive relief to enjoin

15  or restrain any person violating the provisions of this act,

16  and any by-laws, resolutions, regulations, rules, codes, and

17  orders adopted under this act. In case any building or

18  structure is erected, constructed, reconstructed, altered,

19  repaired, converted, or maintained, or any building,

20  structure, land, or water is used, in violation of this act,

21  or of any code, order, resolution, or other regulation made

22  under authority conferred by this act or under law, the board

23  and any citizen residing in the district may institute any

24  appropriate action or proceeding to prevent such unlawful

25  erection, construction, reconstruction, alteration, repair,

26  conversion, maintenance, or use, to restrain, correct, or

27  avoid such violation, to prevent the occupancy of such

28  building, structure, land, or water, and to prevent any

29  illegal act, conduct, business, or use in or about such

30  premises, land, or water.

31  

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  1         Section 56.  Suits against the district.--Any suit or

  2  action brought or maintained against the district for damage

  3  arising out of tort, including, without limitation, any claim

  4  arising upon account of an act causing an injury or loss of

  5  property, personal injury, or death, shall be subject to the

  6  limitations provided in section 768.28, Florida Statutes.

  7         Section 57.  Exemption of district property from

  8  execution.--All district property shall be exempt from levy

  9  and sale by virtue of an execution and no execution or other

10  judicial process shall issue against such property, nor shall

11  any judgment against the district be a charge or lien on its

12  property or revenues, provided that nothing herein contained

13  shall apply to or limit the rights of bondholders to pursue

14  any remedy for the enforcement of any lien or pledge given by

15  the district in connection with any of the bonds or

16  obligations of the district.

17         Section 4.  Chapters 70-617 and 89-419, Laws of

18  Florida, are repealed.

19         Section 5.  In case any one or more of the sections or

20  provisions of this act or the application of such sections or

21  provisions to any situation, circumstances, or person, shall

22  for any reason be held to be unconstitutional, such

23  unconstitutionality shall not affect any other sections or

24  provisions as to any other situation, circumstances, or

25  person, and it is intended that this law shall be construed

26  and applied as if such section or provision had not been

27  included herein for any unconstitutional application.

28         Section 6.  In the event of a conflict of the

29  provisions of this act with the provisions of any other act,

30  the provisions of this act shall control to the extent of such

31  conflict.

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  1         Section 7.  This act shall take effect upon becoming a

  2  law.

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