Senate Bill sb2920

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2003        (NP)                      SB 2920

    By Senator Geller





    31-2101A-03                                        See HB 1561

  1                      A bill to be entitled

  2         An act relating to the North Lauderdale Water

  3         Control District, Broward County; codifying,

  4         amending, reenacting, and repealing the

  5         district's special acts; providing that the

  6         district may borrow money at a rate not

  7         exceeding that which is provided by law;

  8         providing for the members of the board of

  9         supervisors to be known as the city commission

10         of the City of North Lauderdale; amending the

11         meeting notice requirements and clarifying that

12         meetings be held at a public place; providing

13         that the interest rates on tax anticipation

14         notes issued by the board shall not exceed the

15         maximum rate allowed by law; providing for the

16         use of non-ad valorem assessments; providing

17         that this act shall take precedence over any

18         conflicting law to the extent of such conflict;

19         providing for severability; repealing chapters

20         63-661, 82-273, 85-385, 94-428, and 97-370,

21         Laws of Florida; providing an effective date.

22  

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

24  

25         Section 1.  Pursuant to section 189.429, Florida

26  Statutes, this act constitutes a codification of all special

27  acts relating to the dependent special district known as the

28  North Lauderdale Water Control District.  It is the intent of

29  the Legislature in enacting this law to provide a single,

30  comprehensive special act charter for the district, including

31  all current legislative authority granted to the district by

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003        (NP)                      SB 2920
    31-2101A-03                                        See HB 1561




 1  its several legislative enactments and any additional

 2  authority granted by this act.

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

 4  and 97-370, Laws of Florida, are codified, reenacted, amended,

 5  and repealed as provided herein.

 6         Section 3.  The charter for the North Lauderdale Water

 7  Control District is re-created and reenacted to read:

 8         Section 1.  DISTRICT CREATED AND BOUNDARIES

 9  THEREOF.--That for the purpose of reclaiming, draining, and

10  conserving the lands hereinafter described, and protecting

11  said lands from the effects of water by means of the

12  construction and maintenance of canals, ditches, levees,

13  dikes, pumping plants, and other drainage works and

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

15  said district available and habitable for settlement and

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

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

18  Drainage District is hereby established in Broward County, to

19  be known as North Lauderdale Water Control District, a

20  drainage district, the territorial boundaries of which are

21  to-wit:

22  

23         Commencing at the Southeast corner of Section

24         One (1), Township 49 South, Range 41 East;

25         thence Westerly along a course S 89°57'49"W a

26         distance of 5,281.80 feet to a point; thence

27         Westerly along a course S 89°59'17"W a distance

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

29         along a course S 01°02'05"E a distance of

30         5,282.97 feet to a point; thence Westerly along

31         a course S 89°56'50"W a distance of 5,278.94

                                  2

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003        (NP)                      SB 2920
    31-2101A-03                                        See HB 1561




 1         feet to a point; thence Westerly along a course

 2         S 89°58'54"W a distance of 5,280.40 feet to a

 3         point; thence Northerly along a course N

 4         01°02'22"W a distance of 5,278.38 feet to a

 5         concrete monument set in ground; thence

 6         Northerly along a course N 1°11'21"W a distance

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

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

 9         a distance of 11,650 plus or minus feet to a

10         point; thence Southerly along a course S

11         0°44'12"E a distance of 596.88 feet to a

12         concrete monument set in ground; thence

13         Easterly along a course S 89°44'25"E a distance

14         of 1,543.24 feet to a point; thence Southerly

15         along a course S 1°14'52"E a distance of

16         2,640.11 feet to a point; thence Easterly along

17         a course S 89°45'09"E a distance of 1,319.15

18         feet to a point; thence Northerly along a

19         course N 1°15'11"W a distance of 2,639.83 feet

20         to a point; thence Easterly along a course S

21         89°44'25"E a distance of 1,318.92 feet to a

22         concrete monument set in ground; thence

23         Southerly along a course S 1°15'29"E a distance

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

25         along a course S 89°56'37"E a distance of 2,639

26         feet to a point; thence Southerly along a

27         course S 1°16'53"E a distance of 660.12 feet to

28         a point; thence Easterly along a course S

29         89°56'34"E a distance of 2,639.27 feet to a

30         point; thence Southerly along a course S

31         1°18'17"E a distance of 1,831.83 feet to a

                                  3

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003        (NP)                      SB 2920
    31-2101A-03                                        See HB 1561




 1         point; thence Westerly along a course S

 2         89°57'49"W a distance of 333.08 feet to a

 3         point; thence Northerly along a course N

 4         1°18'17"W a distance of 842.26 feet to a point;

 5         thence Westerly along a course N 89°56'31"W a

 6         distance of 1,545.98 feet to a point; thence

 7         Southerly along a course S 0°02'11"E a distance

 8         of 844.47 feet to a point; thence Easterly

 9         along a course N 89°57'49"E a distance of

10         1,897.70 feet to a point; thence Southerly

11         along a course S 1°18'17"E a distance of

12         2,415.59 feet to a point or place of beginning.

13  

14                         AND ALSO

15  

16         All that part of the Northwest One-quarter (NW

17         1/4) of Tract Four (4) of FORT LAUDERDALE TRUCK

18         FARMS SUBDIVISION of Section Eleven (11),

19         Township 49 South, Range 41 East, according to

20         the Plat thereof, recorded in Plat Book 4, at

21         Page 31, of the Public Records of Broward

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

23         and being more particularly described as

24         follows:

25  

26         Commencing at the Northwest corner of said

27         Section Eleven (11), Township 49 South, Range

28         41 East; thence along a course S 89°02'17" E,

29         along the North Line of said Section 11, a

30         distance of 25.0 feet; thence along a course S

31         0°03'16"E, parallel with and 25.0 feet East of,

                                  4

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003        (NP)                      SB 2920
    31-2101A-03                                        See HB 1561




 1         as measured at right angles, to the West Line

 2         of Section 11, a distance of 53.01 feet to the

 3         Point of Beginning of this Description; thence

 4         continuing along a course of S 0°03'16"E, a

 5         distance of 616.15 feet; thence along a course

 6         of S 89°03'25"E, a distance of 645.64 feet;

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

 8         distance of 615.94 feet to an intersection with

 9         the South Right-of-way Line of McNab Road;

10         thence along a course of N 89°02'17"W, parallel

11         with and 53.0 feet South of, as measured at

12         right angles, to the North Line of Section 11 a

13         distance of 645.29 feet to the Point of

14         Beginning.  All of the above aforementioned

15         property located in Townships 48 and 49 South,

16         Range 41 East, Broward County, Florida.  Less

17         and except therefrom the following described

18         property: The West 3020.54 feet of that part of

19         Section 34, Township 48 South, Range 41 East,

20         lying South of the Pompano Canal; all of

21         Section 33, Township 48 South, Range 41 East

22         lying South of the Pompano Canal; all of that

23         Part of Section 32, Township 48 South, Range 41

24         East lying South of the Pompano Canal and East

25         of the Northerly extension of the West boundary

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

27         all of Sections 4 and 9, Township 49 South,

28         Range 41 East; Tracts 2, 3, 4, 5, 6, 7, 10, 11,

29         12, 13, 14, 15, 18, 19 and 20 of FORT

30         LAUDERDALE TRUCK FARMS SUBDIVISION of Section

31         3, Township 49 South, Range 41 East, according

                                  5

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003        (NP)                      SB 2920
    31-2101A-03                                        See HB 1561




 1         to the plat thereof recorded in Plat Book 4 at

 2         page 31 of the public records of Broward

 3         County, Florida; Tracts  3, 4, 5, 6, 10, 11,

 4         12, 13, 14, 15 and 16 of aforesaid FORT

 5         LAUDERDALE TRUCK FARMS SUBDIVISION of Section

 6         2, Township 49 South, range 41 East.

 7         It is hereby determined, declared, and enacted that

 8  said lands in their present condition are wet and subject to

 9  overflow and that the drainage, reclamation, and protection of

10  said lands from the effects of water and thereby the making of

11  said lands available for agricultural purposes by drainage,

12  reclamation, and improvement, in the creation of said district

13  with the powers vested in it by this act are in the interest

14  of and conducive to the public welfare, health, and

15  convenience.

16         Section 2.  PROVISIONS OF CHAPTER 298, FLORIDA

17  STATUTES, MADE APPLICABLE.--A public corporation and a

18  political subdivision of the state is hereby created under the

19  name and style of "North Lauderdale Water Control

20  District."  The provisions of the General Drainage Laws of

21  Florida applicable to Drainage Districts which are embodied in

22  chapter 298, Florida Statutes, and all the laws amendatory

23  thereof, now existing or hereinafter enacted so far as not

24  inconsistent with this act, are hereby declared to be

25  applicable to said North Lauderdale Water Control

26  District.  Said North Lauderdale Water Control District shall

27  have all the powers and authorities mentioned in or conferred

28  by said chapter 298, Florida Statutes, and acts amendatory

29  thereof, except as herein otherwise provided.

30         Section 3.  POWERS OF THE DISTRICT.--Said District

31  shall have the power to sue and be sued by its name in any

                                  6

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003        (NP)                      SB 2920
    31-2101A-03                                        See HB 1561




 1  court of law or in equity; to make contracts; to adopt and use

 2  a corporate seal and to alter the same at pleasure; to acquire

 3  by purchase, gift, or condemnation, real and personal

 4  property, either or both, within or without the District, and

 5  to convey and dispose of such real and personal property as

 6  may be necessary and convenient to carry out the purposes, or

 7  any of the purposes, of this act and chapter 298, Florida

 8  Statutes; to construct, operate, and maintain canals, ditches,

 9  drains, levees, dikes, and other works for drainage purposes;

10  to acquire, purchase, operate, and maintain pumps, plants, and

11  pumping systems for drainage purposes; to construct, operate,

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

13  construct, improve, pave, and maintain roadways and roads

14  necessary and convenient for the exercise of the powers or

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

16  Supervisors thereof; to pump water into and out of canals,

17  ditches, drains, and other works of the District, or onto or

18  from the lands in said District, and to regulate and control

19  the flow of water into and out of said District; in

20  maintaining and operating canals, drains, levees, dikes, dams,

21  locks, reservoirs, pumping stations, and water control

22  structures, the Board of Supervisors, its agents,  and its

23  employees, shall have the authority to enter at all reasonable

24  times upon the lands adjacent to any such drainage works in

25  order to transport and use men, equipment, machinery, and

26  materials necessary to properly maintain, preserve, and

27  operate such drainage works and in furtherance of the purposes

28  and intent of this act and chapter 298, Florida Statutes, to

29  construct, improve, and pave roadways and roads necessary and

30  convenient to provide access to, and efficient development of,

31  areas made suitable and available for cultivation, settlement,

                                  7

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003        (NP)                      SB 2920
    31-2101A-03                                        See HB 1561




 1  and other beneficial use and development as a result of the

 2  drainage and reclamation operations of the District; to borrow

 3  money and issue negotiable or other bonds of said District as

 4  hereinafter provided; to borrow money from time to time, and

 5  issue negotiable or other notes of said District therefor,

 6  bearing interest not exceeding the rate prescribed by general

 7  or special law, in anticipation of the collection of taxes,

 8  levies, and assessments or revenues of said District and to

 9  pledge or hypothecate such taxes, levies, assessments, and

10  revenues to secure such bonds, notes, or obligations, and to

11  sell, discount, negotiate, and dispose of the same; and to

12  exercise all other powers necessary, convenient, or proper in

13  connection with any of the powers or duties of said District

14  stated in this act, or chapter 298, Florida Statutes.  The

15  powers and duties of said District shall be exercised by and

16  through the Board of Supervisors thereof, which Board shall

17  have the authority to employ engineers, attorneys, agents,

18  employees, and representatives as the Board of Supervisors may

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

20  duties.

21         Section 4.  BOARD OF SUPERVISORS; ORGANIZATION; POWERS,

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

23  of Supervisors of the North Lauderdale Water Control District

24  which shall be the governing body of said District.  The

25  members of the Board of Supervisors of said District shall be

26  composed of five members, who shall be the five sitting

27  members of the City Commission of the City of North

28  Lauderdale.  The City Commission shall continue all of the

29  duties, functions, and responsibilities under this act of the

30  supervisors of the district after this act becomes law.

31  

                                  8

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003        (NP)                      SB 2920
    31-2101A-03                                        See HB 1561




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

 2  supervisors shall be coincidental with that member's term of

 3  office as a member of the City Commission.  The members shall

 4  assume full duties as a member of the board of supervisors

 5  once he or she takes the oath of office as a member of the

 6  City Commission.

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

 8  be concurrent with the length of time the Commission member is

 9  in office.

10         (2)  An annual meeting of the board of supervisors

11  shall be held during the first week of June and otherwise in

12  accordance with this act.  At the annual meeting of the board

13  of supervisors, the board shall elect, from its members, a

14  Chair, and a Vice Chair, who shall serve in said positions

15  until the next annual meeting or expiration of his or her

16  term.

17         Section 5.  MEETINGS OF BOARD OF SUPERVISORS.--The

18  Board of Supervisors shall have the power to call special

19  meetings at any time to receive reports or consider and act

20  upon any matter.  Notice of all meetings shall be given by the

21  Board of Supervisors by causing publication thereof to be made

22  once at least 5 days prior to such meeting in some newspaper

23  published in Broward County, or by sending sufficient notice

24  through the mail to each landowner.  In cases of emergency as

25  determined by a majority of the Board, this notice requirement

26  may be waived.  The meetings shall be held in some public

27  place, and the place, day, and hour of holding such meeting

28  shall be stated in the notice.  The Chair of the Board of

29  Supervisors shall preside at such meeting.  The City Clerk of

30  the City of North Lauderdale shall serve as Secretary of the

31  Board of Supervisors and shall be the Secretary at the

                                  9

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003        (NP)                      SB 2920
    31-2101A-03                                        See HB 1561




 1  meeting.  The Board of Supervisors of the North Lauderdale

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

 3  year to conduct the business of the District as provided for

 4  in this act.

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

 6  shall serve without compensation, except that they shall be

 7  reimbursed for their travel expenses pursuant to section

 8  112.061, Florida Statutes, as may be amended from time to

 9  time, for each mile actually traveled in going to and from

10  their place of residence to the place of meeting.

11         Section 7.  TAXES AND ASSESSMENTS; LEVIED AND

12  APPORTIONED; AND THE COLLECTION THEREOF.--Taxes and non-ad

13  valorem assessments shall be levied and apportioned as

14  provided for by the General Drainage Laws of Florida (chapter

15  298, Florida Statutes, and amendments thereto) and the general

16  or special laws of the state; except that the following

17  provisions shall apply to said District:

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

19  and levy the amount of the annual taxes or non-ad valorem

20  assessments levied under chapter 298, Florida Statutes, which

21  shall become due and be collected during each year at the same

22  time that county taxes are due and collected, which said

23  annual tax, assessment, and levy shall be evidenced to and

24  certified by the said Board, not later than July 1 of each

25  year, to the Tax Assessor of Broward County.  Said tax or

26  assessment shall be extended by the County Tax Assessor on the

27  county tax roll and shall be collected by the Tax Collector in

28  the same manner and time as county taxes, and the proceeds

29  thereof paid to said District.

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

31  determine it is in the best interest of the District that the

                                  10

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003        (NP)                      SB 2920
    31-2101A-03                                        See HB 1561




 1  annual tax or assessment levies be collected by the Treasurer

 2  of the District and in such event he or she shall collect the

 3  tax or assessment in the same manner as the Tax Collector, and

 4  said Treasurer of the District shall be substituted for and

 5  perform all the duties and actions of the Tax Collector and

 6  have all the powers that are by this act vested in the Tax

 7  Collector.  Said tax or assessment shall be a lien until paid

 8  on the property on which assessed, and enforceable in like

 9  manner as county taxes.

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

11  298.54, Florida Statutes, and amendments thereto shall not be

12  applicable to said District.  In lieu thereof, the following

13  provisions shall apply to said District. To maintain and

14  preserve the improvements made pursuant to this act and to

15  repair and restore the same, when needed, and for the purpose

16  of defraying the current expenses of the District, the Board

17  of Supervisors, may, upon completion of said improvements in

18  whole or in part as may be certified to the said Board by the

19  Chief Engineer, levy annually a tax upon each tract or parcel

20  of land within the District, to be known as a maintenance

21  tax.  Said maintenance tax shall be apportioned upon the basis

22  of the net non-ad valorem assessments of benefits assessed as

23  accruing for original construction, and shall be evidenced to

24  and certified by said Board not later than July 1 of each year

25  to the Tax Assessor of Broward County, and shall be extended

26  by the County Tax Assessor on the County Tax Roll and shall be

27  collected by the County Tax Collector in the same manner and

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

29  said District.  Said tax shall be a lien until paid on the

30  property upon which assessed, and enforceable in like manner

31  as County Taxes.

                                  11

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003        (NP)                      SB 2920
    31-2101A-03                                        See HB 1561




 1         Section 9.  LEVY OF TAXES AND ASSESSMENTS ON FRACTIONAL

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

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

 4  contains a fraction of an acre shall be assessed at the

 5  nearest whole number of acres.  However, each tract or parcel

 6  of land less than one acre in area shall be assessed as a full

 7  acre.

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

 9  collection and enforcement of all taxes and assessments levied

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

11  as the County.  The provisions of the Florida Statutes

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

13  taxes and assessments, the issuance, sale, and delivery of Tax

14  Certificates for such unpaid and delinquent County Taxes, the

15  redemption thereof, the issuance to individuals of tax deeds

16  based thereon, and all other procedures in connection

17  therewith, shall be applicable to said District and the

18  delinquent and unpaid taxes and assessments of said District

19  to the same extent as if said statutory provisions were

20  expressly set forth in this act.  All taxes and assessments

21  shall be subject to the same discounts as County Taxes.

22         Section 11.  WHEN UNPAID TAX OR ASSESSMENT IS

23  DELINQUENT; PENALTY.--All taxes provided for in this act shall

24  be and become delinquent and bear penalties in the amount of

25  said taxes in the same manner as county taxes.  Assessments

26  provided for in this act and authorized in chapter 298,

27  Florida Statutes, shall be and become delinquent and bear

28  penalties and interest at the highest rate authorized by

29  Florida general or special law, or as otherwise provided in

30  District legislation imposing the assessment.

31  

                                  12

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003        (NP)                      SB 2920
    31-2101A-03                                        See HB 1561




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

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

 3  TREASURER; ETC.--

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

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

 6  total amount of the taxes levied under the provisions of

 7  section 298.305, Florida Statutes, in denominations of not

 8  less than $100, bearing interest from date at a rate as

 9  provided by general law, payable annually or semiannually, to

10  mature at annual intervals within 40 years commencing after a

11  period of not later than 10 years, to be determined by the

12  Board of Supervisors; both principal and interest payable at

13  some convenient place designated by the Board of Supervisors

14  to be named in said bonds, which said bonds shall be signed by

15  the Chair of the Board of Supervisors, attested with the seal

16  of said District and by the signature of the Secretary of said

17  Board.  All of said bonds shall be executed and delivered to

18  the Treasurer of said District, who shall sell the same in

19  such quantities and at such dates as the Board of Supervisors

20  may deem necessary to meet the payments for the works and

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

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

23  shall show on their face the purpose for which they are

24  issued, and shall be payable out of money derived from the

25  aforesaid taxes.  A sufficient amount of the drainage tax

26  shall be appropriated by the Board of Supervisors for the

27  purpose of paying the principal and interest of said bonds,

28  and the same shall, when collected, be preserved in a separate

29  fund for that purpose and no other.  All bonds and coupons not

30  paid at maturity shall bear interest at the rate of 6 percent

31  per annum from maturity until paid, or until sufficient funds

                                  13

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003        (NP)                      SB 2920
    31-2101A-03                                        See HB 1561




 1  have been deposited at the place of payment, and said interest

 2  shall be appropriated by the Board of Supervisors out of the

 3  penalties and interest collected on delinquent taxes or other

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

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

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

 7  said bonds may be redeemed before maturity at the option of

 8  said Board, or their successors in office, by being made

 9  callable prior to maturity at such times and upon such prices

10  and terms and other conditions as said Board shall

11  determine.  If any bond so issued subject to redemption before

12  maturity shall not be presented when called for redemption, it

13  shall cease to bear interest from and after the date so fixed

14  for redemption.

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

16  have authority to issue Refunding Bonds to take up any

17  outstanding bonds and any interest accrued thereon, when in

18  the judgment of said Board, it shall be for the best interest

19  of said District to do so.  The said Board is hereby

20  authorized and empowered to issue Refunding Bonds to take up

21  and refund all bonds of said District outstanding that are

22  subject to call and prior redemption, and all interest accrued

23  to the date of such call or prior redemption, and all bonds of

24  said District that are not subject to call or redemption,

25  together with all accrued interest thereon, where the

26  surrender of said bonds can be procured from the holders

27  thereof at prices satisfactory to the Board or can be

28  exchanged for such outstanding bonds with the consent of the

29  holder thereof.  Such Refunding Bonds may be issued at any

30  time when in the judgment of said Board it will be to the

31  interest of the District financially or economically to secure

                                  14

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003        (NP)                      SB 2920
    31-2101A-03                                        See HB 1561




 1  a lower rate of interest on said bonds or by extending the

 2  time of maturity of said bonds, or for any other reason in the

 3  judgment of said Board advantageous to said District.  Such

 4  Refunding Bonds may mature at any time or times in the

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

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

 7  Refunding Bonds shall bear such dates of issue, and such other

 8  details as said Board shall determine and may in the

 9  discretion of said Board be made callable prior to maturity at

10  such times and upon such prices and terms and other conditions

11  as said Board shall determine.  All the other applicable

12  provisions of this act not inconsistent therewith shall apply

13  fully to said Refunding Bonds and the holders thereof shall

14  have all the rights, remedies, and security of the outstanding

15  bonds refunded, except as may be provided otherwise in the

16  resolution of the Board authorizing the issuance of such

17  Refunding Bonds.  Any funds available in the Sinking Fund for

18  the payment of the principal and interest of outstanding bonds

19  may be retained in the fund to be used for the payment of

20  principal and interest of the refunding bonds, in the

21  discretion of the Board of Supervisors.  Any expenses incurred

22  in buying any or all bonds authorized under the provisions of

23  this section and the interest thereon and a reasonable

24  compensation for paying same shall be paid out of the funds in

25  the hands of the Treasurer and collected for the purpose of

26  meeting the expenses of administration.  It shall be the duty

27  of the said Board of Supervisors in making the annual tax levy

28  as heretofore provided to take into account the maturing bonds

29  and interest on all bonds and expenses, and to make provision

30  in advance for the payment of same.

31  

                                  15

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003        (NP)                      SB 2920
    31-2101A-03                                        See HB 1561




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

 2  under the provisions of section 298.36, Florida Statutes, are

 3  not sufficient to pay the principal and interest of all bonds

 4  issued, then the Board of Supervisors shall make such

 5  additional levy or levies upon the benefits assessed as are

 6  necessary for this purpose, and under no circumstances shall

 7  any tax levies be made that will in any manner or to any

 8  extent impair the security of said bonds or the fund available

 9  for the payment of the principal and interest of same.  Said

10  Treasurer shall at the time of the receipt by him or her of

11  said bonds, execute and deliver to the Chair of the Board of

12  said District a bond with good and sufficient surety to be

13  approved by said Board, conditioned that he or she shall

14  account for and pay over as required by law and as ordered by

15  said Board of Supervisors, any and all moneys received by him

16  or her on the sale of such bonds, or any of them, and that he

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

18  or purchasers thereof under and according to the terms herein

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

20  Supervisors and duly cancel any and all bonds not sold when

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

22  shall remain in the custody of the Chair of the Board of

23  Supervisors, who shall produce the same for inspection or for

24  use as evidence whenever and wherever legally requested so to

25  do.  The said Treasurer shall promptly report all sales of

26  bonds to the Board of Supervisors.  The Board shall at

27  reasonable time thereafter prepare and issue warrants in

28  substantially the form provided in section 298.17, Florida

29  Statutes, for the payment of maturing bonds so sold and the

30  interest payments coming due on all bonds sold.  Each of said

31  warrants shall specify what bonds and accruing interest it is

                                  16

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003        (NP)                      SB 2920
    31-2101A-03                                        See HB 1561




 1  to pay, and the Treasurer shall place sufficient funds at the

 2  place of payment to pay the maturing bonds and coupons when

 3  due, together with necessary compensation for paying

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

 5  be entitled to said bonds or the proceeds thereof until he or

 6  she shall have complied with all of the foregoing provisions

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

 8  bond of said Treasurer, if said Board shall so direct, may be

 9  furnished by a surety or bonding company, which may be

10  approved by said Board of Supervisors; provided, if it should

11  be deemed more expedient to said Board of Supervisors as to

12  money derived from the sale of bonds issued, said Board may,

13  by resolution, select some suitable bank or banks or other

14  depository as temporary Treasurer or Treasurers to hold and

15  disburse said moneys upon the order of said Board as the work

16  progresses, until such fund is exhausted or transferred to the

17  Treasurer by order of said Board of Supervisors.  The funds

18  derived from the sale of said bonds or any of them shall be

19  used for the purpose of paying the cost of the drainage works

20  and improvements, and such costs, fees, expenses, and salaries

21  as may be authorized by law, and used for no other purpose.

22         Section 13.  FULL AUTHORITY FOR ISSUE AND SALE OF BONDS

23  AUTHORIZED.--

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

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

26  sale of bonds in this act authorized, which bonds shall have

27  all the qualities of negotiable paper under the law merchant

28  and shall not be invalid for any irregularity or defect in the

29  proceedings for the issuance and sale thereof; and shall be

30  incontestable in the hands of bona fide purchasers or holders

31  thereof.  No proceedings in respect to the issuance of any

                                  17

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003        (NP)                      SB 2920
    31-2101A-03                                        See HB 1561




 1  such bonds shall be necessary, except such as are required by

 2  this act.  The provisions of this act shall constitute an

 3  irrepealable contract between the said Board of Supervisors

 4  and the said North Lauderdale Water Control District and the

 5  holders of any bonds and the coupons thereof issued pursuant

 6  to the provisions hereof.  Any holder of any of said bonds or

 7  coupons may either in law or by equity, by suit, action, or

 8  mandamus, enforce and compel the performance of the duties

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

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

11  correct enforcement and application of the taxes for the

12  payment thereof.

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

14  retired as herein provided, they shall be returned to the

15  Treasurer, and they shall be canceled and an appropriate

16  record thereof made in a book to be kept for that purpose,

17  which record of paid and canceled bonds shall be kept at the

18  office of the Treasurer and shall be opened for inspection of

19  any bond holder at any time.

20         Section 14.  FLOATING INDEBTEDNESS.--

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

22  the collection thereof, the Board of Supervisors shall have

23  the power to issue Tax Anticipation Notes.  Said notes shall

24  bear interest at a rate not exceeding the maximum rate allowed

25  by general or special law, and shall be payable at such times,

26  and may be sold or discounted at such price or on such terms,

27  as the said Board may deem advisable, and the Board may pledge

28  the whole or any part of the tax levy for the payment thereof.

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

30  Temporary Obligations or Interim Certificates after the

31  issuance of any Bonds authorized under this act, but prior to

                                  18

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003        (NP)                      SB 2920
    31-2101A-03                                        See HB 1561




 1  the sale thereof, said Temporary Obligations and Interim

 2  Certificates shall be paid within 2 years from the proceeds of

 3  the sale of said bonds.

 4         (3)  Said Temporary Obligations and Interim

 5  Certificates shall have all the rights and privileges of the

 6  permanent bond holders.

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

 8  and Interim Certificates shall be termed "Floating

 9  Indebtedness" in order to distinguish the same from the bonded

10  debt as provided for herein.

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

12  Supervisors is hereby authorized and empowered to exercise the

13  right of eminent domain and may condemn for the use of said

14  District any and all lands, easements, rights of way, riparian

15  rights, and property rights of every description, in or out of

16  said District, required for the public purposes and powers of

17  said Board as herein granted, and may enter upon, take, and

18  use such lands as it may deem necessary for such purposes.

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

20  declared that in said District, surface waters, which shall

21  include rainfall and the overflow of rivers and streams, are a

22  common enemy, and the said District and any individual or

23  agency holding a permit to do so from said District, shall

24  have the right to dike, dam, and construct levees to protect

25  the said District or any part thereof, or the property of said

26  individual or agency against the same, and thereby divert the

27  course and flow of such surface waters and/or pump the water

28  from within such dikes and levees.

29         Section 17.  UNIT DEVELOPMENT; POWERS OF SUPERVISORS TO

30  DESIGNATE UNITS OF DISTRICT AND ADOPT SYSTEM OF PROGRESSIVE

31  

                                  19

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003        (NP)                      SB 2920
    31-2101A-03                                        See HB 1561




 1  DRAINAGE BY UNITS; PLANS OF RECLAMATION AND FINANCING

 2  ASSESSMENTS, ETC., FOR EACH UNIT.--

 3         (1)  The Board of Supervisors of North Lauderdale Water

 4  Control District shall have the power and is hereby authorized

 5  in its discretion to drain and reclaim or more completely and

 6  intensively to drain and reclaim the lands in said District by

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

 8  The units into which said District may be so divided shall be

 9  given appropriate numbers or names by said Board of

10  Supervisors, so that said units may be readily identified and

11  distinguished.  The Board of Supervisors shall have the power

12  to fix and determine the location, area, and boundaries of and

13  lands to be included in each and all such units, the order of

14  development thereof, and the method of carrying on the work in

15  each unit.  The unit system of drainage provided by this

16  section may be conducted and all of the proceedings by this

17  section and this act authorized in respect to such unit or

18  units may be carried on and conducted at the same time as or

19  after the work of draining and reclaiming of the entire

20  District has been or is being or shall be instituted or

21  carried on under the provisions of this act.  If the Board of

22  Supervisors shall determine that it is advisable to conduct

23  the work of draining and reclaiming the lands in said District

24  by units, as authorized by this section of this act, said

25  Board shall, by resolution duly adopted and entered upon its

26  minutes, declare its purpose to conduct such work accordingly,

27  and shall at the same time and manner fix the number,

28  location, and boundaries of and description of lands within

29  such unit or units and give them appropriate numbers or

30  names.  As soon as practicable after the adoption and

31  recording of such resolution said Board of Supervisors shall

                                  20

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003        (NP)                      SB 2920
    31-2101A-03                                        See HB 1561




 1  publish notice once a week for 2 consecutive weeks in a

 2  newspaper published in Broward County, Florida, or duly notify

 3  the landowners by registered letter, briefly describing the

 4  units into which said District has been divided and the lands

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

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

 7  said District to show cause in writing before said Board of

 8  Supervisors at a time and place to be stated in such notice

 9  why such division of said District into such units should not

10  be approved, and said system of development by units should

11  not be adopted and given effect by said Board, and why the

12  proceedings and powers authorized by this section of this act

13  should not be had, taken, and exercised.  At the time and

14  place stated in said notice, said Board of Supervisors shall

15  hear all objections or causes of objection (all of which shall

16  be in writing) of any landowner in said District to the

17  matters mentioned and referred to in such notice, and if no

18  objections are made, or if said objections, if made, shall be

19  overruled by said Board, then said Board shall enter in its

20  minutes its findings and order confirming said resolution and

21  may thereafter proceed with the development, drainage, and

22  reclamation of said District by units pursuant to such

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

24  said Board of Supervisors shall find as a result of such

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

26  division of said District into such units as aforesaid should

27  not be approved, or that said system of development by units

28  should not be adopted and given effect, or that the

29  proceedings and powers authorized by this section of this act

30  should not be had, taken, or exercised, or that any other

31  matter or thing embraced in said resolution would not be in

                                  21

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003        (NP)                      SB 2920
    31-2101A-03                                        See HB 1561




 1  the best interest of the landowners of said District or would

 2  be unjust or unfair to any landowner therein or otherwise

 3  inconsistent with fair and equal protection and enforcement of

 4  the rights of every landowner in said District, then said

 5  Board of Supervisors shall not proceed further under such

 6  resolution, but said Board of Supervisors may, as a result of

 7  such hearing, modify or amend said resolution so as to meet

 8  such objections so made, and thereupon said Board may confirm

 9  said resolution as so modified or amended and may thereafter

10  proceed accordingly.  The sustaining of such objections and

11  the rescinding of such resolutions shall not exhaust the power

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

13  than 1 year after the date of the hearing upon any such

14  resolution, the Board of Supervisors may adopt other

15  resolutions under this section and thereupon proceed on due

16  notice in like manner as above.  If said Board of Supervisors

17  shall overrule or refuse to sustain any such objections in

18  whole or in part made by a landowner in the District, or if

19  any such landowner shall deem himself aggrieved by any action

20  of the Board of Supervisors in respect to any objections so

21  filed, such landowner may, within 10 days after the ruling of

22  said Board, file his or her bill of complaint in the Circuit

23  Court in and for Broward County, against said District,

24  praying an injunction or other appropriate relief against the

25  action or any part of such action proposed by such resolution

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

27  conducted like other suits, except that said suits shall have

28  preference over all other pending actions except criminal

29  actions and writs of habeas corpus.  Upon the hearing of said

30  cause said Circuit Court shall have the power to hear the

31  objections and receive the evidence thereon of all parties to

                                  22

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003        (NP)                      SB 2920
    31-2101A-03                                        See HB 1561




 1  such cause and approve or disapprove said resolutions and

 2  action of said Board in whole or in part, and to render such

 3  decree in such cause as right and justice require.  When said

 4  resolutions creating said unit system shall be confirmed by

 5  the Board of Supervisors (or by the Circuit Court in and for

 6  Broward County, if such proposed action shall be challenged by

 7  a landowner by the judicial proceedings hereinabove

 8  authorized), said Board of Supervisors may adopt a plan or

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

10  units, and to have the benefits and the damages resulting

11  therefrom assessed and apportioned by Commissioners appointed

12  by the Circuit Court, and the report of the said Commissioners

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

14  law in regard to Plans of Reclamation for and assessments for

15  benefits and damages of, the entire District.  With respect to

16  Plan of Reclamation, notices, appointment of Commissioners to

17  assess benefits and damages, report of Commissioners and

18  notice and confirmation thereof, the levy of assessments and

19  taxes, including maintenance taxes, and the issuance of bonds

20  and all other proceedings as to each and all of such units,

21  said Board shall follow and comply with the same procedure as

22  is provided by law with respect to the entire District; and

23  said Board of Supervisors shall have the same powers in

24  respect to each and all of such units as is vested in them

25  with respect to the entire District.  All the provisions of

26  this act shall apply to the drainage, reclamation, and

27  improvement of each, any, and all of such units, and the

28  enumeration of or reference to specific powers or duties of

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

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

31  application of any and all of the proceedings and powers

                                  23

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003        (NP)                      SB 2920
    31-2101A-03                                        See HB 1561




 1  herein to the drainage and reclamation of such units as fully

 2  and completely as if such unit or units were specifically and

 3  expressly named in every section and clause of this act where

 4  the entire District is mentioned or referred to.  All

 5  assessments, levies, taxes, bonds, and other obligations made,

 6  levied, assessed, or issued for or in respect to any such unit

 7  or units shall be a lien and charge solely and only upon the

 8  lands in such units, respectively, for the benefit of which

 9  the same shall be levied, made, or issued, and not upon the

10  remaining units or lands in said District.  The Board of

11  Supervisors may at any time amend its said resolutions by

12  changing the location and description of lands in any such

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

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

15  so changed, notice of such change shall be published as

16  hereinabove required in this section for notice of the

17  formation or organization of such unit or units, and all

18  proceedings shall be had and done in that regard as are

19  provided in this section for the original creation of such

20  unit or units, provided, however, that no lands against which

21  benefits shall have been assessed may be detached from any

22  such unit after the confirmation of the Commissioners' report

23  of benefits in such unit or units or the issuance of bonds or

24  other obligations which are payable from taxes or assessments

25  for benefits levied upon the lands within such unit or units.

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

27  of the Commissioners' report of benefits in such unit or

28  units, or the issuance of bonds or other obligations which are

29  payable from taxes or assessments for benefits levied upon

30  lands within such unit or units, the Board of Supervisors

31  finds the Plan of Reclamation for any such unit or units

                                  24

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003        (NP)                      SB 2920
    31-2101A-03                                        See HB 1561




 1  insufficient or inadequate for efficient development, the Plan

 2  of Reclamation may be amended or changed as provided in

 3  chapter 298, Florida Statutes, and the unit or units may be

 4  amended or changed as provided in this section, by changing

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

 6  units, by detaching lands therefrom, or by adding land

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

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

 9  percent of the holders of bonds issued in respect to any such

10  unit, and provided that in such event all assessments, levies,

11  taxes, bonds, and other obligations made, levied, assessed,

12  incurred, or issued for or in respect to any such unit or

13  units may be allocated and apportioned to the amended unit or

14  units in proportion to the benefits assessed by the

15  Commissioners' report for the amended Plan of Reclamation and

16  said report shall specifically provide for such allocation and

17  apportionment.  The landowners and all of the bond holders

18  shall file their approval of or objections to such amended

19  Plan of Reclamation within the time provided in section

20  298.27, Florida Statutes, and shall file their approval of or

21  objections to the amendment of such unit as provided in this

22  section.

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

24  issuance of bonds or other obligations for such unit except

25  upon the consent of 75 percent of all the holders of such

26  bonds or other obligations.  In the event of the change of the

27  boundaries of any unit as provided herein and the allocation

28  and apportionment to the amended unit or units of assessments,

29  levies, taxes, bonds, and other obligations in proportion to

30  the benefits assessed by the Commissioners' report for the

31  amended Plan of Reclamation, the holder of bonds or other

                                  25

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003        (NP)                      SB 2920
    31-2101A-03                                        See HB 1561




 1  obligations heretofore issued for the original unit who

 2  consent to such allocations and apportionment shall be

 3  entitled to all rights and remedies against any lands added to

 4  the amended unit or units as fully and to the same extent as

 5  if such added lands had formed and constituted a part of the

 6  original unit or units at the time of the original issuance of

 7  such bonds or other obligations, regardless of whether the

 8  holders of such bonds or other obligations are the original

 9  holders thereof or the holders from time to time hereafter,

10  and the rights and remedies of such holders against the lands

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

12  thereto, under such allocation and apportionment, shall

13  constitute vested and irrevocable rights and remedies to the

14  holders from time to time of such bonds or other obligations

15  as fully and to the same extent as if such bonds or other

16  obligations had been originally issued to finance the

17  improvements in such amended unit or units under such amended

18  Plan of Reclamation.

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

20  the sections or provisions of this act or the application of

21  such sections or provisions to any situation, circumstance, or

22  person shall for any reason be held to be unconstitutional,

23  such unconstitutionality shall not affect any other sections

24  or provisions of this act or the application of such sections

25  or provisions to any other situation, circumstance, or person,

26  and it is intended that this law shall be construed and

27  applied as if such section or provision had not been included

28  herein for any unconstitutional application.

29         Section 19.  EFFECT OF CONFLICT.--In the event of a

30  conflict between the provisions of this act and the provisions

31  

                                  26

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003        (NP)                      SB 2920
    31-2101A-03                                        See HB 1561




 1  of any other act, the provisions of this act shall control to

 2  the extent of such conflict.

 3         Section 20.  NOTICE OF INTENTION.--It is found and

 4  determined that notice of intention to apply for this

 5  legislation was given in the time, form, and manner required

 6  by the Constitution and by law. Said notice is found to be

 7  sufficient and is hereby validated and approved.

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

 9  and 97-370, Laws of Florida, are repealed.

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

11  law.

12  

13  

14  

15  

16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

                                  27

CODING: Words stricken are deletions; words underlined are additions.