Bill Text: HB 1561, Engrossed 1

HB 1561, Engrossed 1

2003

A bill to be entitled

An act relating to the North Lauderdale Water Control

District, Broward County; codifying, amending, reenacting,

and repealing the district's special acts; providing that

the district may borrow money at a rate not exceeding that

which is provided by law; providing for the members of the

board of supervisors to be known as the city commission of

the City of North Lauderdale; amending the meeting notice

requirements and clarifying that meetings be held at a

public place; providing that the interest rates on tax

anticipation notes issued by the board shall not exceed the

maximum rate allowed by law; providing for the use of non-

ad valorem assessments; providing for severability;

repealing chapters 63-661, 82-273, 85-385, 94-428, and 97-

370, Laws of Florida providing an effective date.

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

Section 1. Pursuant to section 189.429, Florida Statutes,

this act constitutes a codification of all special acts relating

to the dependent special district known as the North Lauderdale

Water Control District. It is the intent of the Legislature in

enacting this law to provide a single, comprehensive special act

charter for the district, including all current legislative

authority granted to the district by its several legislative

enactments and any additional authority granted by this act.

Section 2. Chapters 63-661, 82-273, 85-385, 94-428, and 97-

370, Laws of Florida, are codified, reenacted, amended, and

repealed as provided herein.

Section 3. The charter for the North Lauderdale Water

Control District is re-created and reenacted to read:

Section 1. DISTRICT CREATED AND BOUNDARIES THEREOF.--That

for the purpose of reclaiming, draining, and conserving the lands

hereinafter described, and protecting said lands from the effects

of water by means of the construction and maintenance of canals,

ditches, levees, dikes, pumping plants, and other drainage works

and improvements, and for the purpose of making the lands within

said district available and habitable for settlement and

agriculture and for the public convenience, welfare, utility, and

benefit, and for the other purposes stated in the act, a Drainage

District is hereby established in Broward County, to be known as

North Lauderdale Water Control District, a drainage district, the

territorial boundaries of which are to-wit:

Commencing at the Southeast corner of Section One (1),

Township 49 South, Range 41 East; thence Westerly along

a course S 89°57’49”W a distance of 5,281.80 feet to a

point; thence Westerly along a course S 89°59’17”W a

distance of 5,274.63 feet to a point; thence Southerly

along a course S 01°02’05”E a distance of 5,282.97 feet

to a point; thence Westerly along a course S 89°56’50”W

a distance of 5,278.94 feet to a point; thence Westerly

along a course S 89°58’54”W a distance of 5,280.40 feet

to a point; thence Northly along a course N 01°02’22”W a

distance of 5,278.38 feet to a concrete monument set in

ground; thence Northly along a course N 1°11’21”W a

distance of 7,678.68 feet to a point; thence Easterly

along South Right-of-way Line of Pompano Canal a

distance of 11,650 plus or minus feet to a point; thence

Southerly along a course S 0°44’12”E a distance of

596.88 feet to a concrete monument set in ground; thence

Easterly along a course S 89°44’25”E a distance of

1,543.24 feet to a point; thence Southerly along a

course S 1°14’52”E a distance of 2,640.11 feet to a

point; thence Easterly along a course S 89°45’09”E a

distance of 1,319.15 feet to a point; thence Northly

along a course N 1°15’11”W a distance of 2,639.83 feet

to a point; thence Easterly along a course S 89°44’25”E

a distance of 1,318.92 feet to a concrete monument set

in ground; thence Southerly along a course S 1°15’29”E a

distance of 2,275.74 feet to a point; thence Easterly

along a course S 89°56’37”E a distance of 2,639 feet to

a point; thence Southerly along a course S 1°16’53”E a

distance of 660.12 feet to a point; thence Easterly

along a course S 89°56’34”E a distance of 2,639.27 feet

to a point; thence Southerly along a course S 1°18’17”E

a distance of 1,831.83 feet to a point; thence Westerly

along a course S 89°57’49”W a distance of 333.08 feet to

a point; thence Northly along a course N 1°18’17”W a

distance of 842.26 feet to a point; thence Westerly

along a course N 89°56’31”W a distance of 1,545.98 feet

to a point; thence Southerly along a course S 0°02’11”E

a distance of 844.47 feet to a point; thence Easterly

along a course N 89°57’49”E a distance of 1,897.70 feet

to a point; thence Southerly along a course S 1°18’17”E

a distance of 2,415.59 feet to a point or place of

beginning.

AND ALSO

All that part of the Northwest One-quarter (NW 1/4) of

Tract Four (4) of FORT LAUDERDALE TRUCK FARMS

SUBDIVISION of Section Eleven (11), Township 49 South,

Range 41 East, according to the Plat thereof, recorded

in Plat Book 4, at Page 31, of the Public Records of

Broward County, Florida, less Rights-of-way of record

and being more particularly described as follows:

Commencing at the Northwest corner of said Section

Eleven (11), Township 49 South, Range 41 East; thence

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along a course S 89°02’17” E, along the North Line of

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said Section 11, a distance of 25.0 feet; thence along a

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course S 0°03’16”E, parallel with and 25.0 feet East of,

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as measured at right angles, to the west Line of Section

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11, a distance of 53.01 feet to the Point of Beginning

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of this Description; thence continuing along a course of

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S 0°03’16”E, a distance of 616.15 feet; thence along a

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course of S 89°03’25”E, a distance of 645.64 feet;

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thence along a course of N 0°05'16"W, a distance of

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615.94 feet to an intersection with the South Right-of-

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way Line of McNab Road; thence along a course of N

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89°02'17"W, parallel with and 53.0 feet South of, as

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measured at right angles, to the North Line of Section

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11 a distance of 645.29 feet to the Point of Beginning.

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All of the above aforementioned property located in

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Townships 48 and 49 South, Range 41 East, Broward

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County, Florida. Less and except therefrom the

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following described property: The West 3020.54 feet of

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that part of Section 34, Township 48 South, Range 41

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East, lying South of the Pompano Canal; all of Section

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33, Township 48 South, Range 41 East lying South of the

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Pompano Canal; all of that Part of Section 32, Township

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48 South, Range 41 East lying south of the Pompano Canal

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and East of the Northerly extension of the West boundary

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of Section 4, Township 49 South, Range 41 East; all of

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Section 4 and 9, Township 49 South, Range 41 East;

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Tracts 2, 3, 4, 5, 6, 7, 10, 11, 12, 13, 14, 15, 18, 19

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and 20 of FORT LAUDERDALE TRUCK FARMS SUBDIVISION of

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Section 3, Township 49 South, Range 41 East, according

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to the plat thereof recorded in Plat Book 4 at page 31

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of the public records of Broward County, Florida;

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Tracts 3, 4, 5, 6, 10, 11, 12, 13, 14, 15 and 16 of

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aforesaid FORT LAUDERDALE TRUCK FARMS SUBDIVISION of

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Section 2, Township 49 south, range 41 East.

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It is the intent of the above described legal description to

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include all of the above described properties located in townships

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48 and 49 South, Range 41 East, Broward County, Florida, within

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the boundaries of the North Lauderdale Water Control District as

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established by the Legislature.

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Section 2. PROVISIONS OF CHAPTER 298, FLORIDA STATUTES, MADE

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APPLICABLE.--A public corporation and a political subdivision of

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the state is hereby created under the name and style of "North

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Lauderdale Water Control District." The provisions of the General

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Drainage Laws of Florida applicable to Drainage Districts which

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are embodied in chapter 298, Florida Statutes, and all the laws

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amendatory thereof, now existing or hereinafter enacted so far as

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not inconsistent with this act, are hereby declared to be

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applicable to said North Lauderdale Water Control District. Said

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North Lauderdale Water Control District shall have all the powers

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and authorities mentioned in or conferred by said chapter 298,

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Florida Statutes, and acts amendatory thereof, except as herein

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otherwise provided.

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Section 3. POWERS OF THE DISTRICT.--Said District shall have

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the power to sue and be sued by its name in any court of law or in

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equity; to make contracts; to adopt and use a corporate seal and

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to alter the same at pleasure; to acquire by purchase, gift, or

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condemnation, real and personal property, either or both, within

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or without the District, and to convey and dispose of such real

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and personal property as may be necessary and convenient to carry

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out the purposes, or any of the purposes, of this act and chapter

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298, Florida Statutes; to construct, operate, and maintain canals,

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ditches, drains, levees, dikes, and other works for drainage

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purposes; to acquire, purchase, operate, and maintain pumps,

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plants, and pumping systems for drainage purposes; to construct,

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operate, and maintain irrigation works, machinery, and plants; to

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construct, improve, pave, and maintain roadways and roads

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necessary and convenient for the exercise of the powers or duties

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or any of the powers or duties of said District or the Supervisors

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thereof; to pump water into and out of canals, ditches, drains,

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and other works of the District, or onto or from the lands in said

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District, and to regulate and control the flow of water into and

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out of said District; in maintaining and operating canals, drains,

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levees, dikes, dams, locks, reservoirs, pumping stations, and

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water control structures, the Board of Supervisors, its agents,

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and its employees, shall have the authority to enter at all

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reasonable times upon the lands adjacent to any such drainage

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works in order to transport and use men, equipment, machinery, and

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materials necessary to properly maintain, preserve, and operate

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such drainage works and in furtherance of the purposes and intent

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of this act and chapter 298, Florida Statutes, to construct,

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improve, and pave roadways and roads necessary and convenient to

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provide access to, and efficient development of, areas made

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suitable and available for cultivation, settlement, and other

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beneficial use and development as a result of the drainage and

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reclamation operations of the District; to borrow money and issue

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negotiable or other bonds of said District as hereinafter

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provided; to borrow money from time to time, and issue negotiable

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or other notes of said District therefor, bearing interest not

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exceeding the rate prescribed by general or special law, in

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anticipation of the collection of taxes, levies, and assessments

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or revenues of said District and to pledge or hypothecate such

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taxes, levies, assessments, and revenues to secure such bonds,

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notes, or obligations, and to sell, discount, negotiate, and

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dispose of the same; and to exercise all other powers necessary,

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convenient, or proper in connection with any of the powers or

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duties of said District stated in this act, or chapter 298,

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Florida Statutes. The powers and duties of said District shall be

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exercised by and through the Board of Supervisors thereof, which

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Board shall have the authority to employ engineers, attorneys,

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agents, employees, and representatives as the Board of Supervisors

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may from time to time determine, and to fix their compensation and

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duties.

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Section 4. BOARD OF SUPERVISORS; ORGANIZATION; POWERS,

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DUTIES, AND TERMS OF OFFICE.--There is hereby created a Board of

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Supervisors of the North Lauderdale Water Control District which

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shall be the governing body of said District. The members of the

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Board of Supervisors of said District shall be composed of five

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members, who shall be the five sitting members of the City

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Commission of the City of North Lauderdale. The City Commission

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shall continue all of the duties, functions, and responsibilities

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under this act of the supervisors of the district after this act

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becomes law.

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The term of office of each member of the board of supervisors

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shall be coincidental with that member's term of office as a

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member of the City Commission. The members shall assume full

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duties as a member of the board of supervisors once he or she

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takes the oath of office as a member of the City Commission.

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(1) Terms of office for the board of supervisors shall be

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concurrent with the length of time the Commission member is in

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office.

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(2) An annual meeting of the board of supervisors shall be

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held during the first week of June and otherwise in accordance

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with this act. At the annual meeting of the board of supervisors,

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the board shall elect, from its members, a Chair, and a Vice

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Chair, who shall serve in said positions until the next annual

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meeting or expiration of his or her term.

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Section 5. MEETINGS OF BOARD OF SUPERVISORS.--The Board of

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Supervisors shall have the power to call special meetings at any

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time to receive reports or consider and act upon any matter.

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Notice of all meetings shall be given by the Board of Supervisors

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by causing publication thereof to be made once at least 5 days

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prior to such meeting in some newspaper published in Broward

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County, or by sending sufficient notice through the mail to each

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landowner. In cases of emergency as determined by a majority of

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the Board, this notice requirement may be waived. The meetings

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shall be held in some public place, and the place, day, and hour

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of holding such meeting shall be stated in the notice. The Chair

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of the Board of Supervisors shall preside at such meeting. The

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City Clerk of the City of North Lauderdale shall serve as

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Secretary of the Board of Supervisors and shall be the Secretary

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at the meeting. The Board of Supervisors of the North Lauderdale

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Water Control District shall meet not less than 4 times per year

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to conduct the business of the District as provided for in this

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act.

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Section 6. COMPENSATION OF THE BOARD.--Each Supervisor shall

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serve without compensation, except that they shall be reimbursed

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for their travel expenses pursuant to section 112.061, Florida

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Statutes, as may be amended from time to time, for each mile

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actually traveled in going to and from their place of residence to

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the place of meeting.

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Section 7. TAXES AND ASSESSMENTS; LEVIED AND APPORTIONED;

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AND THE COLLECTION THEREOF.--Taxes and non-ad valorem assessments

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shall be levied and apportioned as provided for by the General

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Drainage Laws of Florida (chapter 298, Florida Statutes, and

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amendments thereto) and the general or special laws of the state;

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except that the following provisions shall apply to said District:

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(1) The Board of Supervisors shall determine, order, and

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levy the amount of the annual taxes or non-ad valorem assessments

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levied under chapter 298, Florida Statutes, which shall become due

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

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taxes are due and collected, which said annual tax, assessment,

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and levy shall be evidenced to and certified by the said Board,

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not later than July 1 of each year, to the Tax Assessor of Broward

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County. Said tax or assessment shall be extended by the County

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Tax Assessor on the county tax roll and shall be collected by the

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Tax Collector in the same manner and time as county taxes, and the

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proceeds thereof paid to said District.

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(2) The Board of Supervisors may in its discretion determine

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it is in the best interest of the District that the annual tax or

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assessment levies be collected by the Treasurer of the District

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and in such event he or she shall collect the tax or assessment in

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the same manner as the Tax Collector, and said Treasurer of the

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District shall be substituted for and perform all the duties and

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actions of the Tax Collector and have all the powers that are by

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this act vested in the Tax Collector. Said tax or assessment

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shall be a lien until paid on the property on which assessed, and

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enforceable in like manner as county taxes.

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Section 8. MAINTENANCE TAX.--The provisions of section

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298.54, Florida Statutes, and amendments thereto shall not be

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applicable to said District. In lieu thereof, the following

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provisions shall apply to said District. To maintain and preserve

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the improvements made pursuant to this act and to repair and

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restore the same, when needed, and for the purpose of defraying

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the current expenses of the District, the Board of Supervisors,

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may, upon completion of said improvements in whole or in part as

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may be certified to the said Board by the Chief Engineer, levy

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annually a tax upon each tract or parcel of land within the

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District, to be known as a maintenance tax. Said maintenance tax

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shall be apportioned upon the basis of the net non-ad valorem

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assessments of benefits assessed as accruing for original

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construction, and shall be evidenced to and certified by said

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Board not later than July 1 of each year to the Tax Assessor of

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Broward County, and shall be extended by the County Tax Assessor

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on the County Tax Roll and shall be collected by the County Tax

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Collector in the same manner and time as county taxes and the

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proceeds therefrom paid to the said District. Said tax shall be a

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lien until paid on the property upon which assessed, and

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enforceable in like manner as County Taxes.

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Section 9. LEVY OF TAXES AND ASSESSMENTS ON FRACTIONAL

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ACRES.--In levying and assessing all taxes and assessments, each

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tract or parcel of land more than one acre in area which contains

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a fraction of an acre shall be assessed at the nearest whole

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number of acres. However, each tract or parcel of land less than

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one acre in area shall be assessed as a full acre.

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Section 10. ENFORCEMENT OF TAXES AND ASSESSMENTS.--The

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collection and enforcement of all taxes and assessments levied by

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said District shall be at the same time and in like manner as the

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County. The provisions of the Florida Statutes relating to the

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sale of lands for unpaid and delinquent county taxes and

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assessments, the issuance, sale, and delivery of Tax Certificates

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for such unpaid and delinquent County Taxes, the redemption

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thereof, the issuance to individuals of tax deeds based thereon,

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and all other procedures in connection therewith, shall be

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applicable to said District and the delinquent and unpaid taxes

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and assessments of said District to the same extent as if said

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statutory provisions were expressly set forth in this act. All

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taxes and assessments shall be subject to the same discounts as

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County Taxes.

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Section 11. WHEN UNPAID TAX OR ASSESSMENT IS DELINQUENT;

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PENALTY.--All taxes provided for in this act shall be and become

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

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same manner as county taxes. Assessments provided for in this act

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and authorized in chapter 298, Florida Statutes, shall be and

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become delinquent and bear penalties and interest at the highest

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rate authorized by Florida general or special law, or as otherwise

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provided in District legislation imposing the assessment.

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Section 12. BONDS MAY BE ISSUED; SALE AND DISPOSITION OF

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PROCEEDS; INTEREST; LEVY TO PAY BONDS; BONDS AND DUTIES OF

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TREASURER; ETC.--

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(1) The Board of Supervisors may, if in their judgment it

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seems best, issue bonds not to exceed 90 percent of the total

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amount of the taxes levied under the provisions of section

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298.305, Florida Statutes, in denominations of not less than $100,

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bearing interest from date at a rate as provided by general law,

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payable annually or semiannually, to mature at annual intervals

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within 40 years commencing after a period of not later than 10

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years, to be determined by the Board of Supervisors; both

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principal and interest payable at some convenient place designated

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by the Board of Supervisors to be named in said bonds, which said

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bonds shall be signed by the Chair of the Board of Supervisors,

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attested with the seal of said District and by the signature of

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the Secretary of said Board. All of said bonds shall be executed

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and delivered to the Treasurer of said District, who shall sell

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the same in such quantities and at such dates as the Board of

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Supervisors may deem necessary to meet the payments for the works

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and improvements in the District. Said bonds shall not be sold

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for less than 90 cents on the dollar, with accrued interest, shall

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show on their face the purpose for which they are issued, and

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shall be payable out of money derived from the aforesaid taxes. A

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sufficient amount of the drainage tax shall be appropriated by the

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Board of Supervisors for the purpose of paying the principal and

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interest of said bonds, and the same shall, when collected, be

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preserved in a separate fund for that purpose and no other. All

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bonds and coupons not paid at maturity shall bear interest at the

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rate of 6 percent per annum from maturity until paid, or until

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sufficient funds have been deposited at the place of payment, and

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said interest shall be appropriated by the Board of Supervisors

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out of the penalties and interest collected on delinquent taxes or

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other available funds of the District. Provided, however, that it

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may, in the discretion of said Board, be provided that at any

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time, after such date as shall be fixed by the said Board, said

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bonds may be redeemed before maturity at the option of said Board,

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or their successors in office, by being made callable prior to

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maturity at such times and upon such prices and terms and other

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conditions as said Board shall determine. If any bond so issued

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subject to redemption before maturity shall not be presented when

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called for redemption, it shall cease to bear interest from and

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after the date so fixed for redemption.

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(2) The Board of Supervisors of said District shall have

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authority to issue Refunding Bonds to take up any outstanding

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bonds and any interest accrued thereon, when in the judgment of

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said Board, it shall be for the best interest of said District to

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do so. The said Board is hereby authorized and empowered to issue

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Refunding Bonds to take up and refund all bonds of said District

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outstanding that are subject to call and prior redemption, and all

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interest accrued to the date of such call or prior redemption, and

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all bonds of said District that are not subject to call or

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redemption, together with all accrued interest thereon, where the

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surrender of said bonds can be procured from the holders thereof

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at prices satisfactory to the Board or can be exchanged for such

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outstanding bonds with the consent of the holder thereof. Such

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Refunding Bonds may be issued at any time when in the judgment of

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said Board it will be to the interest of the District financially

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or economically to secure a lower rate of interest on said bonds

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or by extending the time of maturity of said bonds, or for any

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other reason in the judgment of said Board advantageous to said

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District. Such Refunding Bonds may mature at any time or times in

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the discretion of said Board, not later, however, than forty years

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from the date of issuance of said Refunding Bonds. Said Refunding

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Bonds shall bear such dates of issue, and such other details as

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said Board shall determine and may in the discretion of said Board

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be made callable prior to maturity at such times and upon such

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prices and terms and other conditions as said Board shall

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determine. All the other applicable provisions of this act not

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inconsistent therewith shall apply fully to said Refunding Bonds

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and the holders thereof shall have all the rights, remedies, and

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security of the outstanding bonds refunded, except as may be

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provided otherwise in the resolution of the Board authorizing the

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issuance of such Refunding Bonds. Any funds available in the

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Sinking Fund for the payment of the principal and interest of

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outstanding bonds may be retained in the fund to be used for the

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payment of principal and interest of the refunding bonds, in the

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discretion of the Board of Supervisors. Any expenses incurred in

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buying any or all bonds authorized under the provisions of this

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section and the interest thereon and a reasonable compensation for

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paying same shall be paid out of the funds in the hands of the

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Treasurer and collected for the purpose of meeting the expenses of

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administration. It shall be the duty of the said Board of

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Supervisors in making the annual tax levy as heretofore provided

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to take into account the maturing bonds and interest on all bonds

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and expenses, and to make provision in advance for the payment of

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same.

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(3) In case the proceeds of the original tax levy made under

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the provisions of section 298.36, Florida Statutes, are not

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sufficient to pay the principal and interest of all bonds issued,

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then the Board of Supervisors shall make such additional levy or

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levies upon the benefits assessed as are necessary for this

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purpose, and under no circumstances shall any tax levies be made

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that will in any manner or to any extent impair the security of

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said bonds or the fund available for the payment of the principal

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and interest of same. Said Treasurer shall at the time of the

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receipt by him or her of said bonds, execute and deliver to the

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Chair of the Board of said District a bond with good and

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sufficient surety to be approved by said Board, conditioned that

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he or she shall account for and pay over as required by law and as

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ordered by said Board of Supervisors, any and all moneys received

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by him or her on the sale of such bonds, or any of them, and that

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he or she will only sell and deliver such bonds to the purchaser

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or purchasers thereof under and according to the terms herein

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prescribed, and that he or she will return to the Board of

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Supervisors and duly cancel any and all bonds not sold when

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ordered by said Board to do so. Said bonds when so returned shall

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remain in the custody of the Chair of the Board of Supervisors,

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who shall produce the same for inspection or for use as evidence

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whenever and wherever legally requested so to do. The said

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Treasurer shall promptly report all sales of bonds to the Board of

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Supervisors. The Board shall at reasonable time thereafter

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prepare and issue warrants in substantially the form provided in

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section 298.17, Florida Statutes, for the payment of maturing

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bonds so sold and the interest payments coming due on all bonds

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sold. Each of said warrants shall specify what bonds and accruing

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interest it is to pay, and the Treasurer shall place sufficient

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funds at the place of payment to pay the maturing bonds and

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coupons when due, together with necessary compensation for paying

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same. The successor in office of any such Treasurer shall not be

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entitled to said bonds or the proceeds thereof until he or she

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shall have complied with all of the foregoing provisions

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applicable to his or her predecessor in office. The aforesaid bond

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of said Treasurer, if said Board shall so direct, may be furnished

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by a surety or bonding company, which may be approved by said

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Board of Supervisors; provided, if it should be deemed more

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expedient to said Board of Supervisors as to money derived from

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the sale of bonds issued, said Board may, by resolution, select

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some suitable bank or banks or other depository as temporary

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Treasurer or Treasurers to hold and disburse said moneys upon the

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order of said Board as the work progresses, until such fund is

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exhausted or transferred to the Treasurer by order of said Board

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of Supervisors. The funds derived from the sale of said bonds or

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any of them shall be used for the purpose of paying the cost of

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the drainage works and improvements, and such costs, fees,

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expenses, and salaries as may be authorized by law, and used for

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no other purpose.

463

Section 13. FULL AUTHORITY FOR ISSUE AND SALE OF BONDS

464

AUTHORIZED.--

465

(1) This act shall, without reference to any other act of

466

the Legislature, be full authority for the issuance and sale of

467

bonds in this act authorized, which bonds shall have all the

468

qualities of negotiable paper under the law merchant and shall not

469

be invalid for any irregularity or defect in the proceedings for

470

the issuance and sale thereof; and shall be incontestable in the

471

hands of bona fide purchasers or holders thereof. No proceedings

472

in respect to the issuance of any such bonds shall be necessary,

473

except such as are required by this act. The provisions of this

474

act shall constitute an irrepealable contract between the said

475

Board of Supervisors and the said North Lauderdale Water Control

476

District and the holders of any bonds and the coupons thereof

477

issued pursuant to the provisions hereof. Any holder of any of

478

said bonds or coupons may either in law or by equity, by suit,

479

action, or mandamus, enforce and compel the performance of the

480

duties required by this act of any of the officers or persons

481

mentioned in this act in relation to the said bonds, or to the

482

correct enforcement and application of the taxes for the payment

483

thereof.

484

(2) After the several bonds and coupons are paid and retired

485

as herein provided, they shall be returned to the Treasurer, and

486

they shall be canceled and an appropriate record thereof made in a

487

book to be kept for that purpose, which record of paid and

488

canceled bonds shall be kept at the office of the Treasurer and

489

shall be opened for inspection of any bond holder at any time.

490

Section 14. FLOATING INDEBTEDNESS.--

491

(1) After the levy of taxes in any years, and before the

492

collection thereof, the Board of Supervisors shall have the power

493

to issue Tax Anticipation Notes. Said notes shall bear interest

494

at a rate not exceeding the maximum rate allowed by general or

495

special law, and shall be payable at such times, and may be sold

496

or discounted at such price or on such terms, as the said Board

497

may deem advisable, and the Board may pledge the whole or any part

498

of the tax levy for the payment thereof.

499

(2) The Board shall also have the right to issue Temporary

500

Obligations or Interim Certificates after the issuance of any

501

Bonds authorized under this act, but prior to the sale thereof,

502

said Temporary Obligations and Interim Certificates shall be paid

503

within 2 years from the proceeds of the sale of said bonds.

504

(3) Said Temporary Obligations and Interim Certificates

505

shall have all the rights and privileges of the permanent bond

506

holders.

507

(4) The Tax Anticipation Notes, Temporary Obligations, and

508

Interim Certificates shall be termed “Floating Indebtedness” in

509

order to distinguish the same from the bonded debt as provided for

510

herein.

511

Section 15. EMINENT DOMAIN.--The said Board of Supervisors

512

is hereby authorized and empowered to exercise the right of

513

eminent domain and may condemn for the use of said District any

514

and all lands, easements, rights of way, riparian rights, and

515

property rights of every description, in or out of said District,

516

required for the public purposes and powers of said Board as

517

herein granted, and may enter upon, take, and use such lands as it

518

may deem necessary for such purposes.

519

Section 16. WATER A COMMON ENEMY.--It is hereby declared

520

that in said District, surface waters, which shall include

521

rainfall and the overflow of rivers and streams, are a common

522

enemy, and the said District and any individual or agency holding

523

a permit to do so from said District, shall have the right to

524

dike, dam, and construct levees to protect the said District or

525

any part thereof, or the property of said individual or agency

526

against the same, and thereby divert the course and flow of such

527

surface waters and/or pump the water from within such dikes and

528

levees.

529

Section 17. UNIT DEVELOPMENT; POWERS OF SUPERVISORS TO

530

DESIGNATE UNITS OF DISTRICT AND ADOPT SYSTEM OF PROGRESSIVE

531

DRAINAGE BY UNITS; PLANS OF RECLAMATION AND FINANCING

532

ASSESSEMENTS, ETC., FOR EACH UNIT.--

533

(1) The Board of Supervisors of North Lauderdale Water

534

Control District shall have the power and is hereby authorized in

535

its discretion to drain and reclaim or more completely and

536

intensively to drain and reclaim the lands in said District by

537

designated areas or parts of said District to be called Units. The

538

units into which said District may be so divided shall be given

539

appropriate numbers or names by said Board of Supervisors, so that

540

said units may be readily identified and distinguished. The Board

541

of Supervisors shall have the power to fix and determine the

542

location, area, and boundaries of and lands to be included in each

543

and all such units, the order of development thereof, and the

544

method of carrying on the work in each unit. The unit system of

545

drainage provided by this section may be conducted and all of the

546

proceedings by this section and this act authorized in respect to

547

such unit or units may be carried on and conducted at the same

548

time as or after the work of draining and reclaiming of the entire

549

District has been or is being or shall be instituted or carried on

550

under the provisions of this act. If the Board of Supervisors

551

shall determine that it is advisable to conduct the work of

552

draining and reclaiming the lands in said District by units, as

553

authorized by this section of this act, said Board shall, by

554

resolution duly adopted and entered upon its minutes, declare its

555

purpose to conduct such work accordingly, and shall at the same

556

time and manner fix the number, location, and boundaries of and

557

description of lands within such unit or units and give them

558

appropriate numbers or names. As soon as practicable after the

559

adoption and recording of such resolution said Board of

560

Supervisors shall publish notice once a week for 2 consecutive

561

weeks in a newspaper published in Broward County, Florida, or duly

562

notify the landowners by registered letter, briefly describing the

563

units into which said District has been divided and the lands

564

embraced in each unit, giving the name, number, or other

565

designation of such units, requiring all owners of lands in said

566

District to show cause in writing before said Board of Supervisors

567

at a time and place to be stated in such notice why such division

568

of said District into such units should not be approved, and said

569

system of development by units should not be adopted and given

570

effect by said Board, and why the proceedings and powers

571

authorized by this section of this act should not be had, taken,

572

and exercised. At the time and place stated in said notice, said

573

Board of Supervisors shall hear all objections or causes of

574

objection (all of which shall be in writing) of any landowner in

575

said District to the matters mentioned and referred to in such

576

notice, and if no objections are made, or if said objections, if

577

made, shall be overruled by said Board, then said Board shall

578

enter in its minutes its findings and order confirming said

579

resolution and may thereafter proceed with the development,

580

drainage, and reclamation of said District by units pursuant to

581

such resolution and to the provisions of this act. If, however,

582

said Board of Supervisors shall find as a result of such

583

objections, or any of them or the hearing thereon, that the

584

division of said District into such units as aforesaid should not

585

be approved, or that said system of development by units should

586

not be adopted and given effect, or that the proceedings and

587

powers authorized by this section of this act should not be had,

588

taken, or exercised, or that any other matter or thing embraced in

589

said resolution would not be in the best interest of the

590

landowners of said District or would be unjust or unfair to any

591

landowner therein or otherwise inconsistent with fair and equal

592

protection and enforcement of the rights of every landowner in

593

said District, then said Board of Supervisors shall not proceed

594

further under such resolution, but said Board of Supervisors may,

595

as a result of such hearing, modify or amend said resolution so as

596

to meet such objections so made, and thereupon said Board may

597

confirm said resolution as so modified or amended and may

598

thereafter proceed accordingly. The sustaining of such objections

599

and the rescinding of such resolutions shall not exhaust the power

600

of said Board under this section; but, at any time not less than 1

601

year after the date of the hearing upon any such resolution, the

602

Board of Supervisors may adopt other resolutions under this

603

section and thereupon proceed on due notice in like manner as

604

above. If said Board of Supervisors shall overrule or refuse to

605

sustain any such objections in whole or in part made by a

606

landowner in the District, or if any such landowner shall deem

607

himself aggrieved by any action of the Board of Supervisors in

608

respect to any objections so filed, such landowner may, within 10

609

days after the ruling of said Board, file his or her bill of

610

complaint in the Circuit Court in and for Broward County, against

611

said District, praying an injunction or other appropriate relief

612

against the action or any part of such action proposed by such

613

resolution or resolutions, of said Board, and, such suits shall be

614

conducted like other suits, except that said suits shall have

615

preference over all other pending actions except criminal actions

616

and writs of habeas corpus. Upon the hearing of said cause said

617

Circuit Court shall have the power to hear the objections and

618

receive the evidence thereon of all parties to such cause and

619

approve or disapprove said resolutions and action of said Board in

620

whole or in part, and to render such decree in such cause as right

621

and justice require. When said resolutions creating said unit

622

system shall be confirmed by the Board of Supervisors (or by the

623

Circuit Court in and for Broward County, if such proposed action

624

shall be challenged by a landowner by the judicial proceedings

625

hereinabove authorized), said Board of Supervisors may adopt a

626

plan or plans of reclamation for and in respect to any or all such

627

units, and to have the benefits and the damages resulting

628

therefrom assessed and apportioned by Commissioners appointed by

629

the Circuit Court, and the report of the said Commissioners

630

considered and confirmed, all in like manner as is provided by law

631

in regard to Plans of Reclamation for and assessments for benefits

632

and damages of, the entire District. With respect to Plan of

633

Reclamation, notices, appointment of Commissioners to assess

634

benefits and damages, report of Commissioners and notice and

635

confirmation thereof, the levy of assessments and taxes, including

636

maintenance taxes, and the issuance of bonds and all other

637

proceedings as to each and all of such units, said Board shall

638

follow and comply with the same procedure as is provided by law

639

with respect to the entire District; and said Board of Supervisors

640

shall have the same powers in respect to each and all of such

641

units as is vested in them with respect to the entire District.

642

All the provisions of this act shall apply to the drainage,

643

reclamation, and improvement of each, any, and all of such units,

644

and the enumeration of or reference to specific powers or duties

645

of the Supervisors of any other officers or other matters in this

646

act as hereinabove set forth, shall not limit or restrict the

647

application of any and all of the proceedings and powers herein to

648

the drainage and reclamation of such units as fully and completely

649

as if such unit or units were specifically and expressly named in

650

every section and clause of this act where the entire District is

651

mentioned or referred to. All assessments, levies, taxes, bonds,

652

and other obligations made, levied, assessed, or issued for or in

653

respect to any such unit or units shall be a lien and charge

654

solely and only upon the lands in such units, respectively, for

655

the benefit of which the same shall be levied, made, or issued,

656

and not upon the remaining units or lands in said District. The

657

Board of Supervisors may at any time amend its said resolutions by

658

changing the location and description of lands in any such unit or

659

units; and provided, further, that if the location of or

660

description of lands located in any such unit or units is so

661

changed, notice of such change shall be published as hereinabove

662

required in this section for notice of the formation or

663

organization of such unit or units, and all proceedings shall be

664

had and done in that regard as are provided in this section for

665

the original creation of such unit or units, provided, however,

666

that no lands against which benefits shall have been assessed may

667

be detached from any such unit after the confirmation of the

668

Commissioners’ report of benefits in such unit or units or the

669

issuance of bonds or other obligations which are payable from

670

taxes or assessments for benefits levied upon the lands within

671

such unit or units.

672

(2) Provided, however, that if, after the confirmation of

673

the Commissioners’ report of benefits in such unit or units, or

674

the issuance of bonds or other obligations which are payable from

675

taxes or assessments for benefits levied upon lands within such

676

unit or units, the Board of Supervisors finds the Plan of

677

Reclamation for any such unit or units insufficient or inadequate

678

for efficient development, the Plan of Reclamation may be amended

679

or changed as provided in chapter 298, Florida Statutes, and the

680

unit or units may be amended or changed as provided in this

681

section, by changing the location and description of lands in any

682

such unit or units, by detaching lands therefrom, or by adding

683

land thereto, upon the approval of at least 51 percent of the

684

landowners according to acreage, in any such unit and 75 percent

685

of the holders of bonds issued in respect to any such unit, and

686

provided that in such event all assessments, levies, taxes, bonds,

687

and other obligations made, levied, assessed, incurred, or issued

688

for or in respect to any such unit or units may be allocated and

689

apportioned to the amended unit or units in proportion to the

690

benefits assessed by the Commissioners’ report for the amended

691

Plan of Reclamation and said report shall specifically provide for

692

such allocation and apportionment. The landowners and all of the

693

bond holders shall file their approval of or objections to such

694

amended Plan of Reclamation within the time provided in section

695

298.27, Florida Statutes, and shall file their approval of or

696

objections to the amendment of such unit as provided in this

697

section.

698

(3) No lands shall be detached from any unit after the

699

issuance of bonds or other obligations for such unit except upon

700

the consent of 75 percent of all the holders of such bonds or

701

other obligations. In the event of the change of the boundaries

702

of any unit as provided herein and the allocation and

703

apportionment to the amended unit or units of assessments, levies,

704

taxes, bonds, and other obligations in proportion to the benefits

705

assessed by the Commissioners’ report for the amended Plan of

706

Reclamation, the holder of bonds or other obligations heretofore

707

issued for the original unit who consent to such allocations and

708

apportionment shall be entitled to all rights and remedies against

709

any lands added to the amended unit or units as fully and to the

710

same extent as if such added lands had formed and constituted a

711

part of the original unit or units at the time of the original

712

issuance of such bonds or other obligations, regardless of

713

whether the holders of such bonds or other obligations are the

714

original holders thereof or the holders from time to time

715

hereafter, and the rights and remedies of such holders against the

716

lands in the amended unit or units, including any lands added

717

thereto, under such allocation and apportionment, shall constitute

718

vested and irrevocable rights and remedies to the holders from

719

time to time of such bonds or other obligations as fully and to

720

the same extent as if such bonds or other obligations had been

721

originally issued to finance the improvements in such amended unit

722

or units under such amended Plan of Reclamation.

723

Section 18. SEVERABILITY.--In case any one or more of the

724

sections or provisions of this act or the application of such

725

sections or provisions to any situation, circumstance, or person

726

shall for any reason be held to be unconstitutional, such

727

unconstitutionality shall not affect any other sections or

728

provisions of this act or the application of such sections or

729

provisions to any other situation, circumstance, or person, and it

730

is intended that this law shall be construed and applied as if

731

such section or provision had not been included herein for any

732

unconstitutional application.

733

Section 19. NOTICE OF INTENTION.--It is found and determined

734

that notice of intention to apply for this legislation was given

735

in the time, form, and manner required by the Constitution and by

736

law. Said notice is found to be sufficient and is hereby validated

737

and approved.

738

Section 4. Chapters 63-661, 82-273, 85-385, 94-428, and 97-

739

370, Laws of Florida, are repealed.

740

Section 5. This act shall take effect upon becoming a law.

741

742