HB 0519 2003
1	A bill to be entitled
2	An act relating to the Acme Improvement District, Palm
3	Beach County; codifying the district’s charter; providing
4	legislative intent; amending, codifying, and reenacting
5	all special acts relating to Acme Improvement District as
6	a single act; repealing all prior special acts relating to
7	Acme Improvement District; amending the jurisdictional
8	boundaries of Acme Improvement District; providing for the
9	applicability of chapters 298 and 189, Florida Statutes,
10	and other general laws; providing that Acme Improvement
11	District is a dependent district of the Village of
12	Wellington; providing for liberal construction; providing
13	a savings clause in the event any of the act is deemed
14	invalid; providing an effective date.
15
16	Be It Enacted by the Legislature of the State of Florida:
17
18	Section 1. Pursuant to section 189.429, Florida Statutes,
19	this act constitutes the codification of all special acts
20	relating to Acme Improvement District. It is the intent of the
21	Legislature in enacting this law to provide a single,
22	comprehensive special act charter for the District, including
23	all current legislative authority granted to the District by its
24	several legislative enactments and any additional authority
25	granted by this act. It is further the intent of this act to
26	preserve all District authority in addition to any authority
27	contained in chapters 298 and 189, Florida Statutes, as amended
28	from time to time.
29	Section 2. Chapters 28557 (1953), 30391 (1955), 57-568,
30	59-706, 63-864, 70-856, 75-470, 77-619, 79-537, 82-349, 83-490,
31	87-440, 91-971, 92-342, 94-473, 94-474, and 2000-419, Laws of
32	Florida, are amended, codified, reenacted, and repealed as
33	herein provided.
34	Section 3. The charter for the Acme Improvement District
35	is re-created and reenacted to read:
36	Section 1. District Created and Boundaries thereof;
37	Validating Creation of District under chapter 298, Florida
38	Statutes. – That for the purpose of reclaiming and draining the
39	lands hereinafter described and protecting said lands from the
40	effects of water by means of the construction and maintenance of
41	canals, ditches, levees, dikes, pumping plants, and other
42	drainage works and improvements, and for the purpose of making
43	the lands within said District available and habitable for
44	settlement and agriculture, and for the public convenience,
45	welfare, utility, and benefit, and for the other purposes stated
46	in this Act, a drainage District is hereby created and
47	established in Palm Beach County, to be known as the Acme
48	Improvement District, the territorial boundaries of which shall
49	be as follows, to-wit:
50	All and Singular a certain parcel of Land, Lying and
51	Situate in Range 41 East, Township 44 South and part of
52	Range 41 East, Township 43 South, and part of Range 40
53	East, Township 44 South, part of Township 43 South,
54	Range 40 East, part of Township 45 South, Range 41 East,
55	and part of Hiatus, Palm Beach County, Florida.
56	All of Sections 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 14, 15,
57	16, 17, 18, 19, 20, 21, 22, 23, 26, 27, 28, 29, 33, 34
58	and that part of Sections 30, 31 and 32 lying North
59	Right of Way Limit of the Central and Southern Flood
60	Control District's Levee 40 and that portions of
61	Sections 12, 13, 24 and 25 Township 44 South, Range 41
62	East. Portion of Section 25 Township 44 South, Range 40
63	East, North Right of Way Limit of the Central and
64	Southern Flood Control District's Levee 40. Portion of
65	Sections 31, 32, 33, 34, and 35 lying South of the Right
66	of Way line of the West Palm Beach Canal, Township 43
67	South, Range 41 East, Section 39, Township 44 South,
68	Range 41 East and portions of Section 40 North of said
69	North Right of Way Limit of the Central and Southern
70	Flood Control District's Levee, and Section 3 and 4 of
71	Township 45 South, Range 41 East lying North of said
72	North Right of Way Limit of the Central and Southern
73	Flood Control District's Levee, Palm Beach County,
74	Florida:
75	More particularly described:
76	Commencing at the intersection of the East Line of
77	Section 35, Township 43 South, Range 41 East, and the
78	South Right of Way Line of the West Palm Beach Canal;
79	Thence Southerly following the East Line of aforesaid
80	section 35, to the Northeast corner Section 2, Township
81	44 South, Range 41 East.
82	Thence following Southerly along the east limit of
83	aforesaid Section 2 to the Northeast corner Section 11,
84	Township 44 East, Range 41 East,
85	Thence following Southerly along the aforesaid Easterly
86	limit of Section 11 to a point on the Easterly limit of
87	aforesaid Section 11 to the Northwest Corner of the
88	Southwest Quarter of Section 12, Township 44 South,
89	Range 41 East.
90	Thence Easterly along the north line of the aforesaid
91	Southwest Quarter of Section 12 to an intersection of a
92	line drawn 40 feet West and parallel to the East limit
93	of aforesaid Southwest Quarter of Section 12,
94	Thence Southerly along the 40 foot parallel line the
95	aforesaid Section 12, a distance of 1592.15 feet to a
96	point,
97	Thence Easterly and parallel to the Southerly limit of
98	aforesaid Section 12 a distance of 1572.99 feet to a
99	point.
100	Thence Southerly and parallel to the Easterly limits of
101	aforesaid Section 12 a distance of 1031.44 feet more or
102	less to the Northerly limit of Forest Hill Boulevard
103	Right of Way,
104	Thence Westerly along the Northerly limit of Forest Hill
105	Boulevard on an arc to the left and with an arc length
106	of 488.34 feet having a delta angle of 4 degrees 49
107	minutes 59 seconds and a radius of 5789.27 feet with a
108	radial bearing of North 9 degrees 6 minutes 10 seconds
109	East to a point of compound curvature.
110	Thence continuing Westerly along an arc to the left with
111	a radius of 5789.27 feet an arc length of 203.52 feet
112	having a delta angle of 2 degrees 0 minutes 51 seconds
113	and a center bearing of North 3 degrees 46 minutes 29
114	seconds East, to a point.
115	Thence Southerly a distance 173 feet more or less to the
116	intersection of the Northerly limit of Section 13,
117	Township 44 South, Range 41 East.
118	Thence Southerly along a line 27.00 feet on a bearing of
119	South 2 degrees 15 minutes 17 seconds West to a point of
120	non tangential curvature.
121	Thence following a curve to the right with an arc length
122	of 741.42 feet having a radius of 4443.66 feet and a
123	delta angle of 9 degrees 33 minutes 35 seconds and
124	radial bearing of North 2 degrees 15 minutes 17 seconds
125	East, to a point of tangency,
126	Thence following a line 186.37 feet on a bearing of
127	South 86 degrees 25 minutes 5 seconds East to a point,
128	Thence continuing along a line 70.31 feet on a bearing
129	North 89 degrees 2 minutes 7 seconds East to the
130	intersection with the Westerly Right of Way Line of
131	State Road 7 (US 441) as shown on Plat Wellington Green,
132	A MUPD.PUD, of the Public Records of Palm Beach County,
133	Florida in Plat Book 87 Pages 81 thru 90,
134	Thence following a line a distance of 503.00 feet on a
135	bearing of South 0 degrees 22 minutes 3 seconds East to
136	a point,
137	Thence continuing along a line a distance of 1312.60
138	feet on a bearing of South 1 degrees 53 minutes 53
139	seconds West to a point,
140	Thence following a line a distance of 827.17 feet on a
141	bearing of South 1 degrees 53 minutes 57 seconds West to
142	a point of intersection with the South line of the North
143	half of the South Half of aforesaid Section 13.
144	Thence Easterly following the aforesaid Southerly line
145	of the North Half of the South Half of said Section 13 a
146	distance of 5044.51 feet more or less to the West limit
147	of said Section 13,
148	Thence Southerly along the Westerly limit of aforesaid
149	Section 13 to the Northwest corner of Section 24,
150	Township 44 South, Range 41 East.
151	Thence Southerly along the Westerly limit of aforesaid
152	Section 24 to the Northwest corner of the Southwest
153	Quarter of aforesaid Section 24.
154	Thence Easterly along the Northerly limit of said
155	Southwest quarter of said Section 24 to the Northeast
156	corner of the Southwest quarter of aforesaid Section 24.
157	Thence Southerly along the Easterly limit of the said
158	Southwest Quarter of aforesaid Section 24 a distance of
159	306.42 feet to a point.
160	Thence Easterly along a line a distance of 606.10 feet
161	on a bearing of North 88 degrees 52 minutes 2 seconds
162	East to a point,
163	Thence following a line a distance of 1.68 feet on a
164	bearing of North 1 degree 11 minutes 59 seconds West to
165	a point,
166	Thence following a line a distance of 652.54 feet on a
167	bearing of North 88 degrees 52 minutes 2 seconds East to
168	a point,
169	Thence following a line a distance of 624.36 feet on a
170	bearing of South 1 degree 12 minutes 58 seconds East to
171	a point,
172	Thence following a line a distance of 1087.73 feet on a
173	bearing of North 88 degrees 52 minutes 2 seconds East to
174	a point in the Westerly Limit of State Road 7 (US 441)
175	as shown on Plat of Versailles P.U.D. of the Public
176	Records of Palm Beach County, Florida in Plat Book 93
177	Pages 17 thru 39.
178	Thence Southerly following the Westerly limit of State
179	Road 7 ( US 441 ) 165 foot Right of Way as per O.R.B.
180	9508 Page 1202 and O.R.B. 9488 Page 1661 of the Public
181	Records of Palm Beach County, Florida.
182	Thence Easterly along the Northerly Limit of aforesaid
183	Section 25 to a point measured 180.92 feet from the
184	Northeasterly corner of said Section 25 said point being
185	the Westerly Limit of State Road 7 (US 441) as per
186	O.R.B. 5642 Page 1160.
187	Thence Southerly along the Westerly Limit of State Road
188	7 (US 441) as shown on Plat Shoppes at Wycliffe of the
189	Public Records of Palm Beach County, Florida in Plat
190	Book 83 Pages 41 thru 43 to a point of intersection with
191	the North East corner of Tract 'P' of Plat Wycliffe Plat
192	One of the Public Records of Palm Beach County, Florida
193	in Plat Book 62 Pages 8 thru 13.
194	Thence Southerly along the Westerly Limit of State Road
195	7 (US 441) Right of Way as per O.R.B. 5642 Page 1610 to
196	the intersection of the Southerly Limit of aforesaid
197	Section 25.
198	Thence Westerly following the Southerly Limit of
199	aforesaid Section 25 to the Southeasterly corner of
200	Section 26 Township 44 South, Range 41 East.
201	Thence Westerly following the Southerly Limit of
202	aforesaid Section 26 to the Northeasterly corner of
203	Section 34 Township 44 South, Range 41 East.
204	Thence Southerly along the Easterly Limit of aforesaid
205	Section 34 to the Southeasterly corner of aforesaid
206	Section 34 to the Northeasterly corner of Section 39,
207	Township 44 South, Range 41 East.
208	Thence Southerly along the Easterly Limit of aforesaid
209	Section 39 to the Northeasterly corner of Section 3,
210	Township 45 South, Range 41 East.
211	Thence following the Easterly Limit of aforesaid Section
212	3 to the Southeast corner of Section 3.
213	Thence Westerly along the Southerly Limit of said
214	Section 3 to the intersection of the North Right of Way
215	Limit of the Central and Southern Flood Control
216	District's Levee 40.
217	Thence Northerly following the Northerly Limit of said
218	Levee 40 to the intersection of the Easterly Limit of
219	Section 4, Township 45 South, Range 41 East.
220	Thence Northerly along the Northerly Limit of said Levee
221	40 to the Southerly Limit of Section 40, Township 44
222	South, Range 41 East.
223	Thence Northerly along the Northerly Limit of said Levee
224	40 to the Southerly Limit of Section 33, Township 44
225	South, Range 41 East.
226	Thence Northerly along aforesaid Northerly Limit of said
227	Levee 40 to the intersection with the East Limit of
228	Section 31 Township 44 South, Range 41 East.
229	Thence Northerly along aforesaid Northerly Limit of said
230	Levee 40 to the intersection with the South Limit of
231	Section 30 Township 44 South, Range 41 East.
232	Thence Northerly along aforesaid Northerly Limit of said
233	Levee 40 to the intersection of the Easterly Limit of
234	Section 25 Township 44 South, Range 40 East.
235	Thence Northerly along aforesaid Northerly Limit of said
236	Levee 40 to the intersection of the Northerly Limit of
237	aforesaid Section 25 Township 44 South, Range 40 East.
238	Thence Easterly along aforesaid Northerly Limit of said
239	Section 25 to the Westerly limit of Section 30 Township
240	44 South, Range 41 East.
241	Thence Northerly along the Easterly Limit of Section 24,
242	Township 44 South, Range 40 East to the Southwesterly
243	corner of Section 13, Township 44 South, Range 40 East.
244	Thence Northerly along aforesaid Easterly Limit of said
245	Section 13 to the Southwesterly corner of Section 12,
246	Township 44 South, Range 40 East.
247	Thence Westerly along the said Southerly Limit of
248	Section 12 to the Southwest corner of said Section.
249	Thence Northerly along the Westerly Limit of said
250	Section 12 to the Southwest corner of Section 1,
251	Township 44 South, Range 40 East.
252	Thence Northerly along the Westerly Limit of Section 1
253	to the Southeast corner of Section 1 Hiatus.
254	Thence Northerly along the Westerly Limit of Section 1
255	Hiatus to the Southeast corner of Section 36, Township
256	43 South, Range 40 East.
257	Thence along the Westerly Limit of said Section 36 to
258	the intersection of the South Right of Way line of the
259	West Palm Beach Canal.
260	Thence following the aforesaid Southerly Limit of said
261	West Palm Beach Canal to the intersection of the
262	Westerly Limit of Section 31 Township 43 South, Range 41
263	East.
264	Thence following the aforesaid Southerly Limit of said
265	West Palm Beach Canal to the intersection of the
266	Westerly Limit of Section 32 Township 43 South, Range 41
267	East.
268	Thence following the aforesaid Southerly Limit of said
269	West Palm Beach Canal to the intersection of the
270	Westerly Limit of Section 33 Township 43 South, Range 41
271	East.
272	Thence following the aforesaid Southerly Limit of said
273	West Palm Beach Canal to the intersection of the
274	Westerly Limit of Section 34 Township 43 South, Range 41
275	East.
276	Thence following the aforesaid Southerly Limit of said
277	West Palm Beach Canal to the intersection of the
278	Westerly Limit of Section 35 Township 43 South, Range 41
279	East.
280	Thence following the aforesaid Southerly Limit of said
281	West Palm Beach Canal to the Point of Commencement.
282	Landowners within the existing boundaries of the Acme Improvement
283	District shall not be obligated or taxed to pay for the cost of
284	amending the District boundaries or to pay the cost of any
285	improvements made by the District to benefit the lands being
286	included within the boundaries of the District by this Act.
287	Section 2. Provisions of Other Laws Made Applicable. – The
288	Acme Improvement District hereby created shall be a public
289	corporation of this state. The provisions of the General
290	Drainage Laws of Florida applicable to drainage districts or
291	subdrainage districts which are embodied in chapter 298, Florida
292	Statutes, and all of the laws amendatory thereof, now existing
293	or hereafter enacted, so far as not inconsistent with this Act
294	are hereby declared to be applicable to said Acme Improvement
295	District. Said Acme Improvement District shall have all of the
296	powers and authorities mentioned in or conferred by said
297	chapters 298 and 189, Florida Statutes, and acts amendatory
298	thereof, and all other applicable general laws, except as herein
299	otherwise provided.
300	Section 3.
301	(1) Powers of the District. – The District shall have the
302	power to sue and be sued by its name in any court of law or in
303	equity; to make contracts to adopt and use a corporate seal and
304	to alter the same at pleasure; to acquire by purchase, gift, or
305	condemnation real and personal property, either or both, within
306	or without the District, and to convey and dispose of such real
307	and personal property, either or both, as may be necessary or
308	convenient to carry out any of the purposes of this Act and
309	chapter 298, Florida Statutes; to construct, operate, and
310	maintain canals, ditches, drains, levees, and other works for
311	drainage purposes; to acquire, purchase, operate, and maintain
312	pumps, plants, and pumping systems for drainage purposes; to
313	construct, operate, and maintain irrigation works, machinery,
314	and plants; to construct, improve, pave, and maintain roadways
315	and roads necessary and convenient for the exercise of any of
316	the powers or duties of said District or the supervisors
317	thereof; and in furtherance of the purposes and intent of this
318	Act and chapter 298, Florida Statutes, to construct, improve,
319	pave, and maintain roadways and roads necessary and convenient
320	to provide access to and efficient development of areas made
321	suitable and available for cultivation, settlement, and other
322	beneficial use and development as a result of the drainage and
323	reclamation operations of the District; to construct and
324	maintain recreation areas and facilities; to acquire, construct,
325	finance, and maintain water plants and systems to produce,
326	purify, and distribute water for consumption; to acquire,
327	construct, finance, and maintain sewer systems for the
328	collection and disposal of waste and to prevent water pollution
329	in the District; to distribute from its water plants water for
330	consumption to users within and without the District boundaries
331	and to provide sewer collection and disposal of waste to lands
332	within and without the District boundaries; however, the area
333	without the District boundaries shall extend no farther east
334	than State Road 7, no farther south than the existing District
335	boundary, no farther north than State Road 80, and no farther
336	west than the existing District boundary, but shall include
337	Section 13, Township 44 South, Range 40 East, and the easterly
338	boundary of L-40 along the southwesterly boundary of the
339	District; the grant of power to the District to distribute water
340	and to provide sewer collection and dispose of waste to the area
341	within and without the District boundaries shall not preempt
342	efforts by Palm Beach County to manage development in Palm Beach
343	County consistent with the authority and power as contained in
344	the Charter of Palm Beach County and through its comprehensive
345	planning process as provided in chapter 163, Florida Statutes,
346	and rules and regulations enacted thereunder, and in furtherance
347	of such limitation, the Board of County Commissioners of Palm
348	Beach County shall review and approve each proposed distribution
349	of water and provision of sewer allocation and disposal of water
350	to the lands without the District boundaries for a determination
351	of consistency with the county’s comprehensive plan, or element
352	or portion thereof, or any land development regulations or codes
353	or amendments thereto, and any such proposed distribution,
354	provision, or disposal determined to be inconsistent with the
355	plan, regulations, or codes or amendments thereto by the Board
356	of County Commissioners is prohibited; to construct and maintain
357	a system of road and street lighting; to construct and maintain
358	facilities for and take measures to control mosquitoes and other
359	pests; to acquire, construct, and maintain conservation areas
360	and sanctuaries for the storage of water for water control and
361	irrigation purposes and for preservation of wildlife; to borrow
362	money and issue negotiable or other bonds of said District as
363	hereinafter provided; to borrow money, from time to time, and
364	issue negotiable or other notes of said District therefor,
365	bearing interest at not exceeding the maximum interest allowable
366	by law in anticipation of the collection of taxes, levies, and
367	assessments or revenues of said District, and to pledge or
368	hypothecate such taxes, levies, assessments, and revenues to
369	secure such bonds, notes, or obligations, and to sell, discount,
370	negotiate, and dispose of the same; and to exercise all other
371	powers necessary, convenient, or proper in connection with any
372	of the powers or duties of said District stated in this Act.
373	The powers and duties of said District shall be exercised by and
374	through the Board of Supervisors thereof, which Board shall have
375	the authority to employ engineers, attorneys, agents, employees,
376	and representatives as the Board of Supervisors may from time to
377	time determine, and to fix their compensation and duties. All
378	powers and authority of the District shall extend and apply to
379	the District as a whole and to each unit of development as from
380	time to time may be designated by the Board of Supervisors.
381	(2) Additional Powers of District. – In addition to the
382	powers contained in subsection (1) herein, chapters 189 and 298,
383	Florida Statutes, and as provided for herein and such other
384	applicable laws, the Acme Improvement District in Palm Beach
385	County, formerly named the Acme Drainage District, shall have
386	the authority and power to:
387	(a) Provide parks, preserves, playgrounds, recreation
388	areas, and facilities and programs in the same manner and to the
389	same extent as is provided by section 125.01(1)(f), Florida
390	Statues, which includes the authority to provide for the
391	construction, operation, and maintenance of such parks,
392	preserves, playgrounds, recreation areas, facilities, and
393	programs through the District’s maintenance taxes and user fees
394	and such other legally available revenues; provide recreation
395	and playground equipment; employ supervisory personnel; organize
396	and sponsor community and athletic teams and events; provide
397	liability insurance to cover such projects; lease parks,
398	preserves, playgrounds, recreation areas, and facilities; and
399	provide any other programs and elements of parks, preserves,
400	playgrounds, recreation areas, and facilities, the enumeration
401	of the same not being exclusive.
402	(b) Purchase, acquire by gift, or otherwise obtain land
403	for the purpose of constructing capital improvements for the
404	District and finance the same through the maintenance taxes and
405	user fees of the District.
406	(c) Study and take appropriate action to form a municipal
407	government under the laws of this state covering the land in the
408	District, and finance that effort from the maintenance taxes and
409	user fees of the District.
410	(d) Appoint advisory boards and committees consisting of
411	landowners in the District for the purpose of recommending
412	policies, programs, and matters of public interest for the
413	public good of the landowners and residents of the District.
414	(e) Require any individual or entity seeking to construct
415	any structure upon or occupying District property or right-of-
416	way, or connecting to or using the property of the District, to
417	first obtain a permit from the District and comply with District
418	rules, regulations, and specifications, and deny or revoke any
419	permit or permit application if it finds that the matter for
420	which the permit is sought or granted does not comply with
421	District plans, rules, regulations, or policies. All costs,
422	including construction, engineering, legal, and administration
423	expenses of the District, must be paid by the applicant seeking
424	the permit. This includes any structure to be constructed upon
425	a lot, parcel, or land within the District to be connected to
426	the works of the District.
427	(3) The Acme Improvement District shall have the power to
428	participate in programs provided for under the provisions of
429	Public Law 92-500 as they apply to the District. The District
430	shall have the authority to adopt a system of changes to assure
431	that each recipient of waste treatment services within the
432	District’s jurisdiction will pay its proportionate share of the
433	costs of operations and maintenance including replacement, or
434	any waste treatment services provided by the District, and to
435	make provisions for payment to the District by the industrial
436	users of the treatment works of that portion of the cost of
437	construction of such treatment works which is allocable to the
438	treatment of such industrial wastes to the extent attributable
439	to the Federal Governments Share of the Cost of Construction.
440	Roads for exclusive use and benefit of a unit of development or
441	other designated area and its residents. – It is hereby found
442	and declared that among the many causes of deterioration in
443	residential neighborhoods are the proliferation of crime,
444	excessive automobile flow, and excessive noise from automobile
445	traffic. It is to the benefit of the land in the District and
446	its ultimate users and residents and will serve a public purpose
447	to include provision in a water management plan for roads for
448	the exclusive use and benefit of a unit of development and its
449	residents. The Acme Improvement District, therefore, has the
450	power:
451	(a) To provide, by resolution, in a water management plan
452	for a unit of development, roads for the exclusive use and
453	benefit of a unit of development and its landowners, residents,
454	and invitees to control ingress and egress.
455	(b) To finance and maintain such roads and their
456	associated elements as part of a water management plan.
457	(c) To construct and maintain security structures to
458	control the use of such roads.
459	(d) To make provision for access to such roads by fire,
460	police, and emergency vehicles and personnel for the protection
461	of life and property in the unit of development.
462	(e) To include in the annual assessment of taxes as
463	authorized sufficient funds to finance and maintain such roads
464	as part of a water management plan for a unit of development.
465	(f) To adopt, by resolution, rules and regulations for the
466	control of traffic, noise, crime, and the use of the roads by
467	those persons authorized to use them.
468	(g) To provide, by resolution, in a water management plan,
469	for the exclusive use of roads under this section if the written
470	consent of the owners of 75 percent of the land within the unit
471	has been obtained.
472
473	The provisions of this section also apply to any designated area
474	in the District as if that area were a unit of development, upon
475	the written consent of the owners of seventy-five percent (75%)
476	of the land within the designated area.
477	Section 4. Board of Supervisors; Organization; Terms of
478	Office; Election; Vacancy. - Effective March 28, 1996, at 7
479	p.m., the terms of office of the Board of Supervisors of the
480	Acme Improvement District terminated, and the Village Council
481	members of the Village of Wellington assumed the duties and
482	responsibilities of the Board of Supervisors and thereafter have
483	constituted the Board of Supervisors. The provisions of section
484	5 of the Village of Wellington Charter shall govern the
485	organization, terms of office, elections, and filling of
486	vacancies for the Board of Supervisors.
487	Section 5. The supervisors of Acme Improvement District
488	shall serve without compensation, per diem or otherwise, but
489	shall be entitled to reimbursement for travel expenses as
490	provided by law.
491	(1) The village manager shall have all the same
492	authorities as those of the chief administrator of Acme
493	Improvement District as may be necessary to effectuate the
494	purposes of the village.
495	(2) The village, which controls and operates Acme
496	Improvement District, a dependent District of village, hereby
497	reauthorizes Acme Improvement District to establish rates, fees,
498	charges, and surcharges on water and sewer utility services to
499	consumers located outside the boundaries of the village and the
500	District pursuant to the criteria set forth in section 180.191,
501	Florida Statutes, and ratifies the prior imposition of such
502	rates, fees, charges, and surcharges.
503	(3)(a) The village hereby provides that all unpaid water
504	and sewer utility charges shall constitute a lien on the real
505	property affected ninety (90) days following the date on which
506	the water and sewer utility charges are due and payable. All
507	unpaid water and sewer utility charges shall bear interest at
508	the prevailing market rate of interest, but no less than a rate
509	of five percent (5%) per annum from the date when the same
510	became due and payable.
511	(b) If any water and sewer utility charges become
512	delinquent by not being fully paid within ninety (90) days
513	following the date on which the water and sewer utility charges
514	are due and payable, and remain delinquent, the District shall
515	cause to be prepared a notice of lien containing the amount of
516	the delinquent charges, including the amount of the first
517	penalty, a legal description of the unit of real property
518	against which the lien is imposed, and the name of the owner of
519	such real property as indicated on the real property records
520	maintained by the property appraiser of the county. Said notice
521	of lien shall be recorded in the public records of the county
522	prior to the completion of the fiscal year for which the charges
523	are levied, or as soon thereafter as the District shall
524	determine. A copy of the notice of lien shall be served on the
525	owner of record as provided in section 713.18, Florida Statutes,
526	within ten (10) days after the notice of lien is recorded.
527	(c) Until fully paid and discharged or barred by law, such
528	liens shall be prior to all other liens, except that such liens
529	shall be on parity with a lien of state, county, and municipal
530	taxes, and any lien for charges for services created pursuant to
531	section 159.17, Florida Statutes.
532	(d) All costs of enforcement of such liens, including
533	reasonable attorney’s fees and costs, shall become a lien upon
534	the real property affected and shall bear interest at the
535	prevailing market rate of interest but not less than a rate of
536	five percent (5%) per annum from the date when the same became
537	due and payable.
538	(e) Upon full payment of the delinquent water and sewer
539	utility charges, including the costs of enforcement of any lien,
540	District shall promptly discharge its recorded lien by recording
541	a release of lien in the public records of Palm Beach County.
542	(f) Foreclosure of all liens imposed under this section
543	shall be in the manner prescribed by chapter 173, Florida
544	Statutes.
545	(g) This section shall operate retroactively to apply to
546	liens previously filed by the District for failure to pay
547	delinquent water and sewer utility charges and to all other
548	delinquent utility charges, whether or not a notice of lien has
549	been filed by the District.
550	(h) Any unpaid water and sewer utility charges incurred by
551	a former tenant of rental property shall not be the basis for
552	any lien against the rental property or action against the
553	present tenant or owner to recover such charges, except to the
554	extent that the present tenant or owner has benefited directly
555	from the service provided to the former occupant.
556	Section 6. Meetings of Landowners. – Each year during the
557	month of January, a meeting of the landowners of said District
558	shall be held for the purpose of receiving reports of the Board
559	of Supervisors and considering any matters upon which the Board
560	of Supervisors may request the advice and view of the
561	landowners. The Board of Supervisors shall have the power to
562	call special meetings of the landowners at any time to receive
563	reports of the Board of Supervisors or consider and act upon any
564	matter upon which the Board of Supervisors may request advice.
565	Notice of all meetings of the landowners shall be given by the
566	Board of Supervisors by causing publication thereof to be made
567	for two (2) consecutive weeks prior to such meetings in a
568	newspaper of general circulation published in Palm Beach County.
569	The meetings of the landowners shall be held in some public
570	place in said county, and the place, day, and hour of holding
571	such meeting shall be stated in the notice. The landowners,
572	when assembled, shall organize by electing a chair who shall
573	preside at the meeting. The secretary of the Board of
574	Supervisors shall be the secretary of such meeting. At all such
575	meetings, each and every acre of land in the District shall
576	represent one share, and each owner shall be entitled to one
577	vote in person or by written proxy for every acre or part of an
578	acre of land owned by him or her in the District. At any
579	landowners’ meeting, a quorum shall constitute the owners of
580	land in the District present in person or voting by proxy.
581	Guardians may represent their wards; personal representatives
582	may represent the estates of deceased persons; trustees may
583	represent lands held by them in trust; and private corporations
584	may be represented by their officers or duly authorized agents.
585	Guardians, personal representatives, trustees, and corporations
586	may vote by proxy.
587	Section 7. Taxes, Levied and Apportioned, and the
588	Collection Thereof. – Taxes shall be levied and apportioned as
589	provided for in the General Drainage Laws of Florida (chapter
590	298, Florida Statutes, and amendments thereto and other
591	applicable general laws). In lieu thereof, the following
592	provision shall apply to said District.
593	(1) It shall be the duty of the Tax Collector of Palm
594	Beach County to receive the “Drainage Tax Book” each year, and
595	he or she is hereby empowered and it shall be his or her duty to
596	promptly and faithfully collect the tax therein set out and to
597	exercise all due diligence in so doing. He or she is further
598	directed and ordered to demand and collect such taxes at the
599	same time that he or she demands and collects county taxes due
600	on the same lands. Where any tract or part thereof has been
601	divided and sold or transferred, the Collector shall receive
602	taxes on any part of any tract, piece, or parcel of land charged
603	with such taxes and give his or her receipt accordingly. The
604	above and foregoing “Drainage Tax Book” shall be the warranty
605	and authority of the Collector for making such demand and
606	collection. The said Collector shall pay over and account for
607	all monies collected thereon to the Treasurer of said District
608	at the same time when he or she pays over county taxes. Said
609	Collector shall verify by affidavit his or her said return. The
610	Board of Supervisors may in its discretion determine it is for
611	the best interest of the District that the annual tax levies be
612	collected by the Treasurer of the District, and in the event
613	said Board shall so determine, then the Treasurer of the
614	District shall receive the “Drainage Tax Book” and he or she is
615	hereby empowered and it shall be his or her duty to collect the
616	tax in the same manner as the Tax Collector would, and the
617	Treasurer shall be substituted for and perform all the duties
618	and actions of the Tax Collector in the collection and
619	enforcement of the annual taxes and tax liens, and the said
620	Treasurer shall have the same powers as are by this Act vested
621	in the Tax Collector. The said Tax Collector or Treasurer shall
622	likewise collect the delinquent taxes of said District and
623	demand payment therefor in the manner as provided for the
624	collection of delinquent county taxes. The Tax Collector shall
625	retain for his or her services one percent of the amount he or
626	she collects on current taxes and two percent on the amount he
627	or she collects on delinquent taxes. The Treasurer shall
628	receive no extra compensation for collecting the annual tax.
629	(2) Levies of Taxes on Land Less Than One Acre. – In
630	levying and assessing all taxes, each tract or parcel of land
631	less than one acre in area shall be assessed as a full acre, and
632	each tract or parcel of land more than one acre in area which
633	contains a fraction of an acre shall be assessed at the nearest
634	whole number of acres, a fraction of one-half or more to be
635	assessed as a full acre.
636	Section 8. When Unpaid Taxes Delinquent; Penalty; Sale of
637	Lands for Delinquent Taxes, etc. – All taxes provided for in
638	this Act remaining unpaid after the first day in April of the
639	year following that for which said taxes are levied shall be and
640	become delinquent and bear a penalty of two percent a month on
641	the amount of said taxes from date of delinquency until paid.
642	In computing said penalty, each fractional part of a month shall
643	be counted as a full month. In lieu thereof, the provisions of
644	the Florida Statutes relating to the sale of lands for unpaid
645	and delinquent county taxes, the issuance, sale, and delivery of
646	tax certificates for such unpaid and delinquent county, the
647	redemption thereof, the issuance to individuals of tax deeds
648	based thereon, and the procedure in connection therewith shall
649	be applicable to said District and the delinquent and unpaid
650	taxes of said District to the same extent as if said statutory
651	provisions were expressly set forth in this Act.
652	Section 9. Forfeiture of Title to Tax Delinquent Lands to
653	District; Sale of Tax Forfeited Lands; Suits to Enforce Liens. –
654	The following shall apply to said District:
655	The fee simple title to all lands in said District against which
656	there are outstanding tax sale certificates held by said
657	District or its Board of Supervisors for more than two (2) years
658	from the date thereof shall be absolutely vested in said
659	District, and every right, title, or interest of every nature or
660	kind whatsoever of the former owner of said property, or anyone
661	claiming by, through, or under him or her, or anyone holding a
662	lien thereon, shall cease, terminate, and end, and said District
663	may sell said lands in the manner provided in this section. No
664	court in this state, either federal or state, shall have
665	jurisdiction to entertain any suit brought by the former owner
666	of said lands or anyone claiming by, through, or under him or
667	her for the purpose of questioning or in any way litigating or
668	contesting the title of said District or its grantees to said
669	lands. Lands to which said District or its Board of Supervisors
670	shall acquire title under the provisions of this Act or under
671	the provisions of any other law may be sold in the manner
672	following:
673	(1) Any lands to which the Board has acquired title, or
674	may hereafter acquire title, may be sold by the Board at any
675	time for the best price obtainable therefor.
676	(2) All sales of land shall be for cash or upon terms and
677	security to be approved by the Board, but deed shall not be
678	executed until full payment shall have been made.
679	(3) Before selling any land, it shall be the duty of the
680	Board to cause a notice of intention to sell to be published in
681	a newspaper published in Palm Beach County, Florida, once each
682	week for three (3) successive weeks (three insertions being
683	sufficient), the first publication of which shall be not less
684	than thirty (30) nor more than forty-five (45) days prior to any
685	sale, which said notice shall set forth the time and place of
686	the sale and a description of the lands to be offered for sale,
687	and it shall be the further duty of the Board to send registered
688	mail at least fifteen (15) days before the date of sale a copy
689	of such proposed notice to the last known address of the person,
690	firm, or corporation to whom the lands described in said notice
691	were last assessed, if known. However, the failure of the
692	person, firm, or corporation to whom said land was last assessed
693	to receive such notice shall not invalidate the sale or affect
694	the rights of the purchaser thereunder, nor shall the failure of
695	the Board to give such notice by mail invalidate the sale or
696	affect the rights of the purchaser thereunder, it being the
697	intention that this provision for mailing of said notice shall
698	be directory only.
699
700	Provided, however, the District or its Board of Supervisors may,
701	before any tax sale certificates held by said District or its
702	Board of Supervisors become two (2) years old, foreclose the
703	lien established by such certificate by an action in Chancery.
704	The pleadings, process, proceedings, practice, and sales in
705	cases brought for the foreclosure of such lien shall be the same
706	as in actions for the enforcement of mortgages upon real estate.
707	One or more parcels of land may be included in one suit.
708	Section 10. Uniform Acreage Tax for Payment of Expenses. –
709	There is hereby levied by the Legislature of the State of
710	Florida upon each and every acre of land within said Acme
711	Improvement District, as defined in this Act, a uniform tax of
712	twenty-five cents ($0.25) per acre to be used by said District,
713	through its said Board of Supervisors, for the purpose of paying
714	expenses incurred or to be incurred in making surveys of the
715	lands in said District, assessing benefits and damages and other
716	expenses necessarily incurred, as may be estimated or determined
717	by said Board of Supervisors, before said Board of Supervisors
718	shall be in funds under the subsequent provisions of this Act.
719	Such tax shall become due and payable on the first day of
720	November, A.D. 1953, and shall become delinquent ninety (90)
721	days thereafter. Said tax shall be a lien upon the lands in
722	said District from the date of the enactment of this Act and
723	shall be collected in the same manner as the annual installment
724	of taxes. If it shall appear to the Board of Supervisors to be
725	necessary to obtain funds to pay any expenses incurred or to be
726	incurred in organizing said District, making said surveys,
727	preparing the Plan of Reclamation, or other expenses of the
728	conduct and operation of said District before a sufficient sum
729	can be obtained by the collection of the acreage tax levied by
730	this section of this Act, said Board of Supervisors may borrow a
731	sufficient sum of money for any of said purposes at a rate of
732	interest not exceeding six percent (6%) per annum, and may issue
733	negotiable notes or bonds therefor signed by the members of said
734	Board of Supervisors, and may pledge any and all assessments of
735	said acreage tax levied under the provisions of this section for
736	the payment thereof. Said Board of Supervisors may issue to any
737	person or persons performing work or services or furnishing
738	anything of value in the organization of said District or making
739	surveys of the same and assessing benefits or damages or
740	preparing said Plan of Reclamation and other expenses
741	necessarily incurred before the receipt of funds arising from
742	assessments or benefits, negotiable evidence of debt bearing
743	interest at the rate not exceeding six percent (6%) per annum.
744	Section 11. Sale of Bonds. – Bonds may be sold in block
745	installments at different times, or an entire issue or series
746	may be sold at one time. Bonds may be sold at public or private
747	sale after such advertisement, if any, as the Board of
748	Supervisors may deem advisable, but not in any event at less
749	than ninety percent (90%) of the par value thereof, together
750	with accrued interest thereon. Bonds may be sold or exchanged
751	for refunding bonds. Bonds payable from drainage taxes and
752	revenue bonds may be delivered as payment from the District of
753	the purchase price of any project or part thereof, or a
754	combination of projects or parts thereof, or as the purchase
755	price or exchange for any property, real or personal, or mixed,
756	including franchises or services rendered by any contractor,
757	engineer, or other person, all at one time or in blocks from
758	time to time, in such manner and upon such terms as the Board of
759	Supervisors in its discretion shall determine. The price or
760	prices for any bonds sold, exchanged, or delivered may be:
761	(1) The money paid for the bonds;
762	(2) The principal amount, plus accrued interest to the
763	date of redemption or exchange, or outstanding obligations
764	exchanged for refunding bonds; or
765	(3) The amount of any indebtedness to contractors or other
766	persons paid with such bonds, or the fair value of any
767	properties exchanged for the bonds, as determined by the Board
768	of Supervisors.
769	Authorization and Form of Bonds. – Bonds may be authorized
770	by resolution or resolutions of the Board of Supervisors which
771	shall be adopted by a majority of all the members thereof then
772	in office. Such resolution or resolutions may be adopted at the
773	same meeting at which they are introduced and need not be
774	published or posted. The Board of Supervisors may, by
775	resolution, authorize the issuance of bonds and fix the
776	aggregate amount of bonds to be issued, the purpose or purposes
777	for which the moneys derived therefrom shall be expended, the
778	rate or rates of interest in compliance with Florida Statutes,
779	the denomination of the bonds, whether or not the bonds are to
780	be issued in one or more series, the date or dates of maturity,
781	which shall not exceed forty (40) years from their respective
782	dates of issuance, the medium of payment, the place or places
783	within or without the state where payment shall be made,
784	registration privileges, redemption terms and privileges,
785	whether with or without premium, the manner of execution, the
786	form of the bonds, including any interest coupons to be attached
787	thereto, the manner of execution of bonds and coupons, and any
788	and all other terms, covenants, and conditions thereof, and the
789	establishment of revenue or other funds. Such authorizing
790	resolution may further provide that such bonds may be executed
791	manually or by engraved, lithographed, or facsimile signature.
792	The seal of the District may be affixed, lithographed, engraved,
793	or otherwise reproduced in facsimile on such bonds. In case any
794	officer whose signature shall appear on any bonds or coupons
795	shall cease to be such officer before the delivery of such
796	bonds, such signature or facsimile shall nevertheless be valid
797	and sufficient for all purposes, the same as if he or she had
798	remained in office until such delivery.
799	Interim Certificates; Replacement Certificates. – Pending
800	the preparation of definitive bonds, the Board of Supervisors
801	may issue interim certificates or receipts or temporary bonds,
802	in such form and with such provisions as the Board of
803	Supervisors may determine, exchangeable for definitive bonds
804	when such bonds shall have been executed and are available for
805	delivery. The Board of Supervisors may also provide for the
806	replacement of any bonds which shall become mutilated or be lost
807	or destroyed.
808	Negotiability of Bonds. – Any bonds issued hereunder or
809	temporary bond shall, in the absence of an express recital on
810	the face thereof that it is non-negotiable, be fully negotiable
811	and shall be and constitute negotiable instruments within the
812	meaning and for all purposes of the law merchant and the laws of
813	the state.
814	Defeasance. – The Board of Supervisors may make such
815	provision with respect to the defeasance of the right, title,
816	and interest of the holders of any of the bonds and obligations
817	of the District in any revenues, funds, or other properties by
818	which such bonds are secured as the Board of Supervisors deems
819	appropriate and, without limitation, on the foregoing, may
820	provide that when such bonds or obligations become due and
821	payable or shall have been called for redemption, and the whole
822	amount of the principal and interest and premium, if any, due
823	and payable upon the bonds or obligations then outstanding shall
824	be held in trust for such purpose, and provision shall also be
825	made for paying all other sums payable in connection with such
826	bonds or other obligations, then and in such event the right,
827	title, and interest of the holders of the bonds in any revenues,
828	funds, or other properties by which such bonds are secured shall
829	thereupon cease, terminate, and become void, and the Board of
830	Supervisors may apply any surplus in any sinking fund
831	established in connection with such bonds or obligations and all
832	balances remaining in all other funds or accounts other than
833	money held for the redemption or payment of the bonds or other
834	obligations to any lawful purpose of the District as the Board
835	of Supervisors shall determine.
836	Issuance of Additional Bonds. – If the proceeds of any
837	bonds shall be less than the cost of completing the project in
838	connection with which such bonds are issued, the Board of
839	Supervisors may authorize the issuance of additional bonds, upon
840	such terms and conditions as the Board of Supervisors may
841	provide in the resolution authorizing the issuance thereof, but
842	only in compliance with the resolution or other proceedings
843	authorizing the issuance of the original bonds.
844	Refunding Bonds. – The District shall have the power to
845	issue bonds to provide for the retirement or refunding of any
846	bonds or obligations of the District that at the time of such
847	issuance are or subsequently thereto become due and payable.
848	Refunding bonds may be issued at any time when in the judgment
849	of the Board of Supervisors such issuance will be advantageous
850	to the District. The Board of Supervisors may, by resolution,
851	confer upon the holders of such refunding bonds all rights,
852	powers, and remedies to which the holders would be entitled if
853	they continued to be the owners and had possession of the bonds
854	for the refinancing of which said refunding bonds are issued,
855	including, but not limited to, the preservation of the lien of
856	such bonds on the revenues of any project or on pledged funds,
857	without extinguishment, impairment, or diminution thereof. The
858	provisions of this Act pertaining to bonds of the District
859	shall, unless the context otherwise requires, govern the
860	issuance of refunding bonds, the form and other details thereof,
861	the rights of the holders thereof, and the duties of the Board
862	of Supervisors with respect to the same.
863	Revenue Bonds. – The District shall have the power to issue
864	revenue bonds from time to time without limitation as to amount.
865	Such revenue bonds may be secured by, or payable from, the gross
866	or net pledge of the revenues to be derived from any project or
867	combination of projects, from the rates, fees, or other charges
868	to be collected from the users of any project or projects, from
869	any revenue producing undertaking or activity of the District,
870	or from any other source of pledged security.
871	Drainage Tax Bonds. –
872	(1) The District shall have the power to issue bonds
873	payable from drainage taxes from time to time, provided that the
874	principal amount of each such issue shall not exceed ninety
875	percent (90%) of the benefits assessed upon the lands of the
876	District.
877	(2) Such bonds may be secured by or be payable from
878	drainage taxes which may be deposited in a special fund to which
879	the District may assign taxes for the benefit of the holders of
880	such assessment bonds or other obligations, or to a trustee for
881	such bondholders, including the tax liens provided for in this
882	Act, unless such tax liens have been theretofore pledged for any
883	bonds or other obligations authorized hereunder. In the event
884	of the creation of such special fund and the issuance of such
885	drainage tax bonds, the proceeds of such tax liens deposited
886	therein shall be used only for the payment of the drainage tax
887	bonds issued as provided in this section. The District is
888	hereby authorized to covenant with the holders of such drainage
889	tax bonds that it will diligently and faithfully enforce and
890	collect all the drainage taxes and interest and penalties
891	thereon for which tax liens have been deposited in or assigned
892	to such fund, and to foreclose such tax liens so assigned to
893	such special fund, after such tax liens have become delinquent,
894	and deposit the proceeds derived from such foreclosure,
895	including interest and penalties, in such special fund, and to
896	make any other covenants deemed necessary or advisable in order
897	to properly secure the holders of such drainage tax bonds.
898	Bonds as Legal Investment or Security. –
899	(1) Notwithstanding any provisions of any other law to the
900	contrary, all bonds issued under the provisions of this Act
901	shall constitute a legal investment for savings banks, banks,
902	trust companies, insurance companies, personal representatives,
903	administrators, trustees, guardians, and other fiduciaries, and
904	for any board, body, agency, instrumentality, county,
905	municipality, or other political subdivision of the state, and
906	shall be and constitute security which may be deposited by banks
907	or trust companies as security for deposits of state, county,
908	municipal, or other public funds or by insurance companies as
909	required or voluntary statutory deposits.
910	(2) Any bonds issued by the District shall be
911	incontestable in the hands of bona fide purchasers or holders
912	for value and shall not be invalid because of any irregularity
913	or defect in the proceedings for the issue and sale thereof.
914	Covenants. – Any resolution authorizing the issuance of
915	bonds may contain such covenants as the Board of Supervisors may
916	deem advisable, and all such covenants shall constitute valid
917	and legally binding and enforceable contracts between the
918	District and the bondholders, regardless of the time of issuance
919	thereof. Such covenants may include, without limitation,
920	covenants concerning the disposition of the bond proceeds, the
921	use and disposition of project revenues, the pledging of
922	revenues, taxes, and assessments, the obligations of the
923	District with respect to the operation of the project and the
924	maintenance of adequate project revenues, the issuance of
925	additional bonds, the appointment, powers, and duties of
926	trustees and receivers, the acquisition of outstanding bonds and
927	obligations, restrictions on the establishing of competing
928	projects or facilities, restrictions on the sale or disposal of
929	the assets and property of the District, the priority of
930	assessment liens, the priority of claims by bondholders on the
931	taxing power of the District, the maintenance of deposits to
932	assure the payment of revenues by users of District facilities
933	and services, the discontinuance of District services by reason
934	of delinquent payments, acceleration upon default, the execution
935	of necessary instruments, the procedure for amending or
936	abrogating covenants with the bondholders, and such other
937	covenants as may be deemed necessary or desirable for the
938	security of the bondholders.
939	Section 12. Full Authority for Issue and Sale of Bonds
940	Authorized. – This Act shall, without reference to any other Act
941	of the Legislature of Florida, be full authority for the
942	issuance and sale of the bonds in this Act authorized, which
943	bonds shall have all the qualities of negotiable paper under the
944	law merchant and shall not be invalid for any irregularity or
945	defect in the proceedings for the issuance and sale thereof, and
946	shall be incontestable in the hands of bona fide purchasers or
947	holders thereof. No proceedings in respect to the issuance of
948	any such bonds shall be necessary, except such as are required
949	by this Act. The provisions of this Act shall constitute an
950	irrepealable contract between the said Board of Supervisors and
951	the said Acme Improvement District and the holders of any bonds
952	and the coupons thereof issued pursuant to the provisions
953	hereof. Any holder of any of said bonds or coupons may either
954	in law or in equity by suit, action, or mandamus enforce and
955	compel the performance of the duties required by this Act of any
956	of the officers or persons mentioned in this Act in relation to
957	the said bonds, or to the correct enforcement and application of
958	the taxes for the payment thereof.
959	After the several bonds and coupons are paid and retired as
960	herein provided, they shall be returned to the Treasurer, and
961	they shall be canceled and an appropriate record thereof made in
962	a book to be kept for that purpose, which record of paid and
963	canceled bonds shall be kept at the office of the Treasurer and
964	shall be open for inspection of any bondholder at any time.
965	Section 13. Approval of Board of Drainage Commissioners
966	Not Required to Issue Bonds. – The Board of Supervisors may
967	issue bonds under the provisions of this Act, without the
968	approval of the Board of Drainage Commissioners of the State of
969	Florida.
970	Section 14. Floating Indebtedness. – Prior to the issuance
971	of bonds under the provisions of this Act, the Board of
972	Supervisors may from time to time issue warrants or negotiable
973	notes or other evidences of debt of said District, all of which
974	shall be termed “Floating Indebtedness” in order to distinguish
975	the same from the bonded debt provided for. The said notes or
976	other evidences of indebtedness shall be payable at such times
977	and shall bear interest at a rate not exceeding that provided
978	for in section 215.84, Florida Statutes, for bonds and may be
979	sold or discounted at such price or on such terms as the said
980	Board may deem advisable. The Board shall have the right in
981	order to provide for the payment thereof, to pledge the whole or
982	any part of the taxes provided for in this Act, whether the same
983	shall be theretofore or thereafter levied, and said Board shall
984	have the right to provide that the said floating debt shall be
985	payable from the proceeds arising from the sale of bonds, or
986	from the proceeds of any such tax, or both.
987	Section 15. Use of Bonds and Interest Coupons in Payment
988	of Taxes Not Authorized. – The provisions of sections Florida
989	Statutes relating to the use of bonds and obligations in payment
990	of drainage taxes shall not be applicable to said District and
991	its bonds, obligations, and taxes.
992	Section 16. Payment of Taxes in Advance Not Authorized. –
993	The provisions of Florida Statutes relating to the payment of
994	taxes in advance shall not be applicable to said District.
995	Section 17. Eminent Domain. – The said Board of
996	Supervisors is hereby authorized and empowered to exercise the
997	right of eminent domain and may condemn for the use of said
998	District any and all lands, easements, rights of way, riparian
999	rights, and property rights of every description, in or out of
1000	said District, required for the public purposes and powers of
1001	said Board as herein granted, and may enter upon, take, and use
1002	such lands as it may deem necessary for such purposes.
1003	Section 18. Water a Common Enemy. – It is hereby declared
1004	that in said District, surface waters, which shall include
1005	rainfall and the overflow of rivers and streams, are a common
1006	enemy, and the said District and any individual or agency
1007	holding a permit to do so from said District shall have the
1008	right to dike, dam, and construct levees to protect the said
1009	District or any part thereof, or the property of said individual
1010	or agency against the same, and thereby divert the course and
1011	flow of such surface waters and/or pump the water from within
1012	such dikes and levees.
1013	Section 19. Unit Development; Powers of Supervisors to
1014	Designate Units of District and Adopt System of Progressive
1015	Drainage by Units; Plans of Reclamation and Financing
1016	Assessments, etc., for Each Unit. – The Board of Supervisors of
1017	Acme Improvement District shall have the power and is hereby
1018	authorized in its discretion to drain and reclaim or more
1019	completely and intensively to drain and reclaim the lands in
1020	said District by designated areas or parts of said District to
1021	be called “Units.” The units into which said District may be so
1022	divided shall be given appropriate numbers or names by said
1023	Board of Supervisors so that said units may be readily
1024	identified and distinguished. The Board of Supervisors shall
1025	have the power to fix and determine the location, area, and
1026	boundaries of lands to be included in each and all such units,
1027	the order of development thereof, and the method of carrying on
1028	the work in each unit. The unit system of drainage provided by
1029	this section may be conducted and all of the proceedings by this
1030	section and this Act authorized in respect to such unit or units
1031	may be carried on and conducted at the same time as or after the
1032	work of draining and reclaiming of the entire District has been
1033	or is being or shall be instituted or carried on under the
1034	provisions of this Act. If the Board of Supervisors shall
1035	determine that it is advisable to conduct the work of draining
1036	and reclaiming the lands in said District by units, as
1037	authorized by this section of this Act, said Board shall, by
1038	resolution duly adopted and entered upon its minutes, declare
1039	its purpose to conduct such work accordingly, and shall at the
1040	same time and manner fix the number, location, and boundaries of
1041	and description of lands within such unit or units and give them
1042	appropriate numbers or names. As soon as practicable after the
1043	adoption and recording of such resolution, said Board of
1044	Supervisors shall publish notice once a week for two (2)
1045	consecutive weeks in a newspaper published in Palm Beach County,
1046	Florida, briefly describing the units into which said District
1047	has been divided and the lands embraced in each unit, giving the
1048	name, number, or other designation of such units, requiring all
1049	owners of lands in said District to show cause in writing before
1050	said Board of Supervisors at a time and place stated in such
1051	notice why such division of said District into such units should
1052	not be approved, and said system of development by units should
1053	not be adopted and given effect by said Board, and why the
1054	proceedings and powers authorized by this section of this Act
1055	should not be had, taken, and exercised. At the time and place
1056	stated in said notice, said Board of Supervisors shall hear all
1057	objections or causes of objection (all of which shall be in
1058	writing) of any landowner in said District to the matters
1059	mentioned and referred to in such notice, and if no objections
1060	are made, or if said objections, if made, shall be overruled by
1061	said Board, then said Board shall enter in its minutes its
1062	finding and order confirming said resolution and may thereafter
1063	proceed with the development, drainage, and reclamation of said
1064	District by units pursuant to such resolution and to the
1065	provisions of this Act. If, however, said Board of Supervisors
1066	shall find as a result of such objections, or any of them, or
1067	the hearing thereon, that the division of said District into
1068	such units as aforesaid should not be approved, or that said
1069	system of development by units should not be adopted and given
1070	effect, or that the proceedings and powers authorized by this
1071	section of this Act should not be had, taken, or exercised, or
1072	that any other matter or thing embraced in said resolution would
1073	not be in the best interest of the landowners of said District
1074	or would be unjust or unfair to any landowner therein or
1075	otherwise inconsistent with fair and equal protection and
1076	enforcement of the rights of every landowner in said District,
1077	then said Board of Supervisors shall not proceed further under
1078	such resolution, but said Board of Supervisors may, as a result
1079	of such hearing, modify or amend said resolution so as to meet
1080	such objections so made, and thereupon said Board may confirm
1081	said resolution as so modified or amended and may thereafter
1082	proceed accordingly. The sustaining of such objections and the
1083	rescinding of such resolutions shall not exhaust the power of
1084	said Board under this section; however, at any time not less
1085	than one (1) year after the date of the hearing upon any such
1086	resolution, the Board of Supervisors may adopt other resolutions
1087	under this section and thereupon proceed on due notice in like
1088	manner as above. If said Board of Supervisors shall overrule or
1089	refuse to sustain any such objections in whole or in part made
1090	by any landowner in the District, or if any such landowner shall
1091	deem himself or herself aggrieved by any action of the Board of
1092	Supervisors in respect to any objections so filed, such
1093	landowner may, within ten (10) days after the ruling of said
1094	Board, file his or her bill of complaint in the Circuit Court
1095	for Palm Beach County, Florida, in Chancery, against said
1096	District, praying an injunction or other appropriate relief
1097	against the action or any part of such action proposed by such
1098	resolution or resolutions of said Board, and such suits shall be
1099	conducted like other Chancery suits, except that said suits
1100	shall have preference over all other pending actions except
1101	criminal actions and writs of habeas corpus. Upon the hearing
1102	of said cause, said Circuit Court shall have the power to hear
1103	the objections and receive the evidence thereon of all parties
1104	to such cause and approve or disapprove said resolutions and
1105	action of said Board, in whole or in part, and to render such
1106	decree in such cause as right and justice require. When said
1107	resolutions creating said unit system shall be confirmed by the
1108	Board of Supervisors (or by the Circuit Court for Palm Beach
1109	County, Florida, if such proposed action shall be challenged by
1110	a landowner by the judicial proceedings hereinabove authorized),
1111	said Board of Supervisors may adopt a plan or plans of
1112	reclamation for and in respect to any or all such units, and to
1113	have the benefits and damages resulting therefrom assessed and
1114	apportioned by Commissioners appointed by the Circuit Court, and
1115	the report of the said Commissioners considered and confirmed,
1116	all in like manner as is provided by law in regard to Plans of
1117	Reclamation for and assessments for benefits and damages of the
1118	entire District. With respect to the Plan of Reclamation,
1119	notices, appointment of Commissioners to assess benefits and
1120	damages, report of Commissioners and notice and confirmation
1121	thereof, the levy of assessments and taxes, including
1122	maintenance taxes, and the issuance of bonds and all other
1123	proceedings as to each and all of such units, said Board shall
1124	follow and comply with the same procedure as is provided by law
1125	with respect to the entire District, and said Board of
1126	Supervisors shall have the same powers in respect to each and
1127	all of such units as is vested in them with respect to the
1128	entire District. All the provisions of this Act shall apply to
1129	the drainage, reclamation, and improvement of each, any, and all
1130	of such units, and the enumeration of or reference to specific
1131	powers or duties of the Supervisors or any other officers or
1132	other matters in this Act as hereinabove set forth shall not
1133	limit or restrict the application of any and all of the
1134	proceedings and powers herein to the drainage and reclamation of
1135	such units as fully and completely as if such unit or units were
1136	specifically and expressly named in every section and clause of
1137	this Act where the entire District is mentioned or referred to.
1138	All assessments, levies, taxes, bonds, and other obligations
1139	made, levied, assessed, or issued for or in respect to any such
1140	unit or units shall be a lien and charge solely and only upon
1141	the lands in such unit or units, respectively, for the benefit
1142	of which the same shall be levied, made, or issued, and not upon
1143	the remaining units or lands in said District. The Board of
1144	Supervisors may at any time amend its said resolutions by
1145	changing the location and description of lands in any such unit
1146	or units, provided, further, that if the location of or
1147	description of lands located in any such unit or units is so
1148	changed, notice of such change shall be published as hereinabove
1149	required in this section for notice of the formation or
1150	organization of such unit or units, and all proceedings shall be
1151	had and done in that regard as are provided in this section for
1152	the original creation of such units or units, provided, however,
1153	that no lands against which benefits shall have been assessed
1154	may be detached from any such unit after the confirmation of the
1155	Commissioners’ Report of benefits in such unit or units or the
1156	issuance of bonds or other obligations which are payable from
1157	taxes or assessments for benefits levied upon the lands within
1158	such unit or units. However, if, after the confirmation of the
1159	Commissioners’ Report of benefits in such unit or units, or the
1160	issuance of bonds or other obligations which are payable from
1161	taxes or assessments for benefits levied upon lands within such
1162	unit or units, the Board of Supervisors finds the Plan of
1163	Reclamation for any such unit or units insufficient or
1164	inadequate for efficient development, the Plan of Reclamation
1165	may be amended or changed as provided in chapter 298, Florida
1166	Statutes, and the unit or units may be amended or changed as
1167	provided in this section, by changing the location and
1168	description of lands in any such unit or units, by detaching
1169	lands therefrom, or by adding lands thereto, upon the approval
1170	of at least fifty-one percent (51%) of the landowners according
1171	to acreage, in any such unit and of all of the holders of bonds
1172	issued in respect to any such unit, and in such event all
1173	assessments, levies, taxes, bonds, and other obligations made,
1174	levied, assessed, incurred, or issued for or in respect to any
1175	such unit or units may be allocated and apportioned to the
1176	amended unit or units in proportion to the benefits assessed by
1177	the Commissioners’ Report for the amended Plan of Reclamation
1178	and said report shall specifically provide for such allocation
1179	and apportionment. The landowners and all of the bondholders
1180	shall file their approval of or objections to such amended Plan
1181	of Reclamation, and shall file their approval of or objections
1182	to the amendment of such unit as provided in this section. No
1183	lands shall be detached from any unit after the issuance of
1184	bonds or other obligations for such unit except upon the consent
1185	of all the holders of such bonds or other obligations. In the
1186	event of the change of the boundaries of any unit as provided
1187	herein and the allocation and apportionment to the amended unit
1188	or units of assessments, levies, taxes, bonds, and other
1189	obligations in proportion to the benefits assessed by the
1190	Commissioner’s Report for the amended Plan of Reclamation, the
1191	holder of bonds or other obligations heretofore issued for the
1192	original unit who consent to such allocations and apportionment
1193	shall be entitled to all rights and remedies against any lands
1194	added to the amended unit or units as fully and to the same
1195	extent as if such added lands had formed and constituted a part
1196	of the original unit or units at the time of the original
1197	issuance of such bonds or other obligations, and regardless of
1198	whether the holders of such bonds or other obligations are the
1199	original holders thereof or the holders from time to time
1200	hereafter, and the rights and remedies of such holders against
1201	the lands in the amended unit or units, including any lands
1202	added thereto, under such allocation and apportionment, shall
1203	constitute vested and irrevocable rights and remedies to the
1204	holders from time to time of such bonds or other obligations as
1205	fully and to the same extent as if such bonds or other
1206	obligations had been originally issued to finance the
1207	improvements in such amended unit or units under such amended
1208	Plan of Reclamation.
1209	Section 4. The Acme Improvement District may amend its
1210	master water management plan in the manner provided by chapter
1211	298, Florida Statutes, as it may from time to time be amended,
1212	and consistent with other applicable provisions of law.
1213	Section 5. If any provision of this act or the application
1214	thereof to any person or circumstance is held invalid, the
1215	invalidity shall not affect other provisions or applications of
1216	the act which can be given effect without the invalid provision
1217	or application, and to this end the provisions of this act are
1218	declared severable.
1219	Section 6. In the event of a conflict between the
1220	provisions of this act and the provisions of any other act, the
1221	provisions of this act shall control to the extent of such
1222	conflict.
1223	Section 7. This act shall be construed as a remedial act
1224	and shall be liberally construed to promote the purpose for
1225	which it is intended.
1226	Section 8. Chapters 28557 (1953), 30391 (1955), 57-568,
1227	59-706, 63-864, 70-856, 75-470, 77-619, 79-537, 82-349, 83-490,
1228	87-440, 91-971, 92-342, 94-473, 94-474, and 2000-419, Laws of
1229	Florida, are repealed.
1230	Section 9. The Acme Improvement District, an independent
1231	special District created by a Special Act of the Legislature,
1232	became a dependent District of the Village of Wellington on
1233	March 28, 1996. All Special Acts of the Acme Improvement
1234	District became ordinances of the Village of Wellington on March
1235	28, 1996. The assets, liabilities, and written contracts of the
1236	Acme Improvement District, including all rights, obligations,
1237	duties, and relationships now existing by law or agreement, are
1238	unaffected and remain in full force and effect and shall be
1239	those of the District as a dependent District of the Village of
1240	Wellington. All rights, claims, action, orders, and contracts
1241	of the special District and all legal or administrative
1242	proceedings involving the District shall continue in full force
1243	and effect under the jurisdiction of the District as a dependent
1244	District of the Village of Wellington.
1245	Section 10. To the extent not inconsistent with the
1246	Village of Wellington Charter, all resolutions and policies of
1247	the Acme Improvement District shall remain in effect until
1248	amended, revised, or repealed by the Village Council.
1249	Section 11. Additional provisions which are necessary to
1250	effect the transition and to provide for the operation of the
1251	Acme Improvement District as a dependent District of the Village
1252	of Wellington shall be adopted by ordinance.
1253	Section 12. This act shall take effect upon becoming a law.