HB 0519 2003
1	CHAMBER ACTION
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6	The Committee on Local Government & Veterans' Affairs recommends
7	the following:
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9	Committee Substitute
10	Remove the entire bill and insert:
11	A bill to be entitled
12	An act relating to the Acme Improvement District, Palm
13	Beach County; codifying the district’s charter; providing
14	legislative intent; amending, codifying, and reenacting
15	all special acts relating to Acme Improvement District as
16	a single act; repealing all prior special acts relating to
17	Acme Improvement District; amending the jurisdictional
18	boundaries of Acme Improvement District; providing for the
19	applicability of chapters 298 and 189, Florida Statutes,
20	and other general laws; providing that Acme Improvement
21	District is a dependent district of the Village of
22	Wellington; providing for liberal construction; providing
23	a savings clause in the event any of the act is deemed
24	invalid; providing an effective date.
25
26	Be It Enacted by the Legislature of the State of Florida:
27
28	Section 1. Pursuant to section 189.429, Florida Statutes,
29	this act constitutes the codification of all special acts
30	relating to Acme Improvement District. It is the intent of the
31	Legislature in enacting this law to provide a single,
32	comprehensive special act charter for the District, including
33	all current legislative authority granted to the District by its
34	several legislative enactments and any additional authority
35	granted by this act. It is further the intent of this act to
36	preserve all District authority in addition to any authority
37	contained in chapters 298 and 189, Florida Statutes, as amended
38	from time to time.
39	Section 2. Chapters 28557 (1953), 30391 (1955), 57-568,
40	59-706, 63-864, 70-856, 75-470, 77-619, 79-537, 82-349, 83-490,
41	87-440, 91-971, 92-342, 94-473, 94-474, and 2000-419, Laws of
42	Florida, are amended, codified, reenacted, and repealed as
43	herein provided.
44	Section 3. The charter for the Acme Improvement District,
45	a dependent special district, is re-created and reenacted to
46	read:
47	Section 1. District Created and Boundaries thereof;
48	Validating Creation of District under chapter 298, Florida
49	Statutes.--That for the purpose of reclaiming and draining the
50	lands hereinafter described and protecting said lands from the
51	effects of water by means of the construction and maintenance of
52	canals, ditches, levees, dikes, pumping plants, and other
53	drainage works and improvements, and for the purpose of making
54	the lands within said District available and habitable for
55	settlement and agriculture, and for the public convenience,
56	welfare, utility, and benefit, and for the other purposes stated
57	in this Act, a drainage District is hereby created and
58	established in Palm Beach County, to be known as the Acme
59	Improvement District, the territorial boundaries of which shall
60	be as follows, to-wit:
61	All and Singular a certain parcel of Land, Lying and
62	Situate in Range 41 East, Township 44 South and part of
63	Range 41 East, Township 43 South, and part of Range 40
64	East, Township 44 South, part of Township 43 South,
65	Range 40 East, part of Township 45 South, Range 41 East,
66	and part of Hiatus, Palm Beach County, Florida.
67	All of Sections 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 14, 15,
68	16, 17, 18, 19, 20, 21, 22, 23, 26, 27, 28, 29, 33, 34
69	and that part of Sections 30, 31 and 32 lying North
70	Right of Way Limit of the Central and Southern Flood
71	Control District's Levee 40 and that portions of
72	Sections 12, 13, 24 and 25 Township 44 South, Range 41
73	East. Portion of Section 25 Township 44 South, Range 40
74	East, North Right of Way Limit of the Central and
75	Southern Flood Control District's Levee 40. Portion of
76	Sections 31, 32, 33, 34, and 35 lying South of the Right
77	of Way line of the West Palm Beach Canal, Township 43
78	South, Range 41 East, Section 39, Township 44 South,
79	Range 41 East and portions of Section 40 North of said
80	North Right of Way Limit of the Central and Southern
81	Flood Control District's Levee, and Section 3 and 4 of
82	Township 45 South, Range 41 East lying North of said
83	North Right of Way Limit of the Central and Southern
84	Flood Control District's Levee, Palm Beach County,
85	Florida:
86	More particularly described:
87	Commencing at the intersection of the East Line of
88	Section 35, Township 43 South, Range 41 East, and the
89	South Right of Way Line of the West Palm Beach Canal;
90	Thence Southerly following the East Line of aforesaid
91	section 35, to the Northeast corner Section 2, Township
92	44 South, Range 41 East.
93	Thence following Southerly along the east limit of
94	aforesaid Section 2 to the Northeast corner Section 11,
95	Township 44 East, Range 41 East,
96	Thence following Southerly along the aforesaid Easterly
97	limit of Section 11 to a point on the Easterly limit of
98	aforesaid Section 11 to the Northwest Corner of the
99	Southwest Quarter of Section 12, Township 44 South,
100	Range 41 East.
101	Thence Easterly along the north line of the aforesaid
102	Southwest Quarter of Section 12 to an intersection of a
103	line drawn 40 feet West and parallel to the East limit
104	of aforesaid Southwest Quarter of Section 12,
105	Thence Southerly along the 40 foot parallel line the
106	aforesaid Section 12, a distance of 1592.15 feet to a
107	point,
108	Thence Easterly and parallel to the Southerly limit of
109	aforesaid Section 12 a distance of 1572.99 feet to a
110	point.
111	Thence Southerly and parallel to the Easterly limits of
112	aforesaid Section 12 a distance of 1031.44 feet more or
113	less to the Northerly limit of Forest Hill Boulevard
114	Right of Way,
115	Thence Westerly along the Northerly limit of Forest Hill
116	Boulevard on an arc to the left and with an arc length
117	of 488.34 feet having a delta angle of 4 degrees 49
118	minutes 59 seconds and a radius of 5789.27 feet with a
119	radial bearing of North 9 degrees 6 minutes 10 seconds
120	East to a point of compound curvature.
121	Thence continuing Westerly along an arc to the left with
122	a radius of 5789.27 feet an arc length of 203.52 feet
123	having a delta angle of 2 degrees 0 minutes 51 seconds
124	and a center bearing of North 3 degrees 46 minutes 29
125	seconds East, to a point.
126	Thence Southerly a distance 173 feet more or less to the
127	intersection of the Northerly limit of Section 13,
128	Township 44 South, Range 41 East.
129	Thence Southerly along a line 27.00 feet on a bearing of
130	South 2 degrees 15 minutes 17 seconds West to a point of
131	non tangential curvature.
132	Thence following a curve to the right with an arc length
133	of 741.42 feet having a radius of 4443.66 feet and a
134	delta angle of 9 degrees 33 minutes 35 seconds and
135	radial bearing of North 2 degrees 15 minutes 17 seconds
136	East, to a point of tangency,
137	Thence following a line 186.37 feet on a bearing of
138	South 86 degrees 25 minutes 5 seconds East to a point,
139	Thence continuing along a line 70.31 feet on a bearing
140	North 89 degrees 2 minutes 7 seconds East to the
141	intersection with the Westerly Right of Way Line of
142	State Road 7 (US 441) as shown on Plat Wellington Green,
143	A MUPD.PUD, of the Public Records of Palm Beach County,
144	Florida in Plat Book 87 Pages 81 thru 90,
145	Thence following a line a distance of 503.00 feet on a
146	bearing of South 0 degrees 22 minutes 3 seconds East to
147	a point,
148	Thence continuing along a line a distance of 1312.60
149	feet on a bearing of South 1 degrees 53 minutes 53
150	seconds West to a point,
151	Thence following a line a distance of 827.17 feet on a
152	bearing of South 1 degrees 53 minutes 57 seconds West to
153	a point of intersection with the South line of the North
154	half of the South Half of aforesaid Section 13.
155	Thence Easterly following the aforesaid Southerly line
156	of the North Half of the South Half of said Section 13 a
157	distance of 5044.51 feet more or less to the West limit
158	of said Section 13,
159	Thence Southerly along the Westerly limit of aforesaid
160	Section 13 to the Northwest corner of Section 24,
161	Township 44 South, Range 41 East.
162	Thence Southerly along the Westerly limit of aforesaid
163	Section 24 to the Northwest corner of the Southwest
164	Quarter of aforesaid Section 24.
165	Thence Easterly along the Northerly limit of said
166	Southwest quarter of said Section 24 to the Northeast
167	corner of the Southwest quarter of aforesaid Section 24.
168	Thence Southerly along the Easterly limit of the said
169	Southwest Quarter of aforesaid Section 24 a distance of
170	306.42 feet to a point.
171	Thence Easterly along a line a distance of 606.10 feet
172	on a bearing of North 88 degrees 52 minutes 2 seconds
173	East to a point,
174	Thence following a line a distance of 1.68 feet on a
175	bearing of North 1 degree 11 minutes 59 seconds West to
176	a point,
177	Thence following a line a distance of 652.54 feet on a
178	bearing of North 88 degrees 52 minutes 2 seconds East to
179	a point,
180	Thence following a line a distance of 624.36 feet on a
181	bearing of South 1 degree 12 minutes 58 seconds East to
182	a point,
183	Thence following a line a distance of 1087.73 feet on a
184	bearing of North 88 degrees 52 minutes 2 seconds East to
185	a point in the Westerly Limit of State Road 7 (US 441)
186	as shown on Plat of Versailles P.U.D. of the Public
187	Records of Palm Beach County, Florida in Plat Book 93
188	Pages 17 thru 39.
189	Thence Southerly following the Westerly limit of State
190	Road 7 ( US 441 ) 165 foot Right of Way as per O.R.B.
191	9508 Page 1202 and O.R.B. 9488 Page 1661 of the Public
192	Records of Palm Beach County, Florida.
193	Thence Easterly along the Northerly Limit of aforesaid
194	Section 25 to a point measured 180.92 feet from the
195	Northeasterly corner of said Section 25 said point being
196	the Westerly Limit of State Road 7 (US 441) as per
197	O.R.B. 5642 Page 1160.
198	Thence Southerly along the Westerly Limit of State Road
199	7 (US 441) as shown on Plat Shoppes at Wycliffe of the
200	Public Records of Palm Beach County, Florida in Plat
201	Book 83 Pages 41 thru 43 to a point of intersection with
202	the North East corner of Tract 'P' of Plat Wycliffe Plat
203	One of the Public Records of Palm Beach County, Florida
204	in Plat Book 62 Pages 8 thru 13.
205	Thence Southerly along the Westerly Limit of State Road
206	7 (US 441) Right of Way as per O.R.B. 5642 Page 1610 to
207	the intersection of the Southerly Limit of aforesaid
208	Section 25.
209	Thence Westerly following the Southerly Limit of
210	aforesaid Section 25 to the Southeasterly corner of
211	Section 26 Township 44 South, Range 41 East.
212	Thence Westerly following the Southerly Limit of
213	aforesaid Section 26 to the Northeasterly corner of
214	Section 34 Township 44 South, Range 41 East.
215	Thence Southerly along the Easterly Limit of aforesaid
216	Section 34 to the Southeasterly corner of aforesaid
217	Section 34 to the Northeasterly corner of Section 39,
218	Township 44 South, Range 41 East.
219	Thence Southerly along the Easterly Limit of aforesaid
220	Section 39 to the Northeasterly corner of Section 3,
221	Township 45 South, Range 41 East.
222	Thence following the Easterly Limit of aforesaid Section
223	3 to the Southeast corner of Section 3.
224	Thence Westerly along the Southerly Limit of said
225	Section 3 to the intersection of the North Right of Way
226	Limit of the Central and Southern Flood Control
227	District's Levee 40.
228	Thence Northerly following the Northerly Limit of said
229	Levee 40 to the intersection of the Easterly Limit of
230	Section 4, Township 45 South, Range 41 East.
231	Thence Northerly along the Northerly Limit of said Levee
232	40 to the Southerly Limit of Section 40, Township 44
233	South, Range 41 East.
234	Thence Northerly along the Northerly Limit of said Levee
235	40 to the Southerly Limit of Section 33, Township 44
236	South, Range 41 East.
237	Thence Northerly along aforesaid Northerly Limit of said
238	Levee 40 to the intersection with the East Limit of
239	Section 31 Township 44 South, Range 41 East.
240	Thence Northerly along aforesaid Northerly Limit of said
241	Levee 40 to the intersection with the South Limit of
242	Section 30 Township 44 South, Range 41 East.
243	Thence Northerly along aforesaid Northerly Limit of said
244	Levee 40 to the intersection of the Easterly Limit of
245	Section 25 Township 44 South, Range 40 East.
246	Thence Northerly along aforesaid Northerly Limit of said
247	Levee 40 to the intersection of the Northerly Limit of
248	aforesaid Section 25 Township 44 South, Range 40 East.
249	Thence Easterly along aforesaid Northerly Limit of said
250	Section 25 to the Westerly limit of Section 30 Township
251	44 South, Range 41 East.
252	Thence Northerly along the Easterly Limit of Section 24,
253	Township 44 South, Range 40 East to the Southwesterly
254	corner of Section 13, Township 44 South, Range 40 East.
255	Thence Northerly along aforesaid Easterly Limit of said
256	Section 13 to the Southwesterly corner of Section 12,
257	Township 44 South, Range 40 East.
258	Thence Westerly along the said Southerly Limit of
259	Section 12 to the Southwest corner of said Section.
260	Thence Northerly along the Westerly Limit of said
261	Section 12 to the Southwest corner of Section 1,
262	Township 44 South, Range 40 East.
263	Thence Northerly along the Westerly Limit of Section 1
264	to the Southeast corner of Section 1 Hiatus.
265	Thence Northerly along the Westerly Limit of Section 1
266	Hiatus to the Southeast corner of Section 36, Township
267	43 South, Range 40 East.
268	Thence along the Westerly Limit of said Section 36 to
269	the intersection of the South Right of Way line of the
270	West Palm Beach Canal.
271	Thence following the aforesaid Southerly Limit of said
272	West Palm Beach Canal to the intersection of the
273	Westerly Limit of Section 31 Township 43 South, Range 41
274	East.
275	Thence following the aforesaid Southerly Limit of said
276	West Palm Beach Canal to the intersection of the
277	Westerly Limit of Section 32 Township 43 South, Range 41
278	East.
279	Thence following the aforesaid Southerly Limit of said
280	West Palm Beach Canal to the intersection of the
281	Westerly Limit of Section 33 Township 43 South, Range 41
282	East.
283	Thence following the aforesaid Southerly Limit of said
284	West Palm Beach Canal to the intersection of the
285	Westerly Limit of Section 34 Township 43 South, Range 41
286	East.
287	Thence following the aforesaid Southerly Limit of said
288	West Palm Beach Canal to the intersection of the
289	Westerly Limit of Section 35 Township 43 South, Range 41
290	East.
291	Thence following the aforesaid Southerly Limit of said
292	West Palm Beach Canal to the Point of Commencement.
293	Landowners within the existing boundaries of the Acme Improvement
294	District shall not be obligated or taxed to pay for the cost of
295	amending the District boundaries or to pay the cost of any
296	improvements made by the District to benefit the lands being
297	included within the boundaries of the District by this Act.
298	Section 2. Provisions of Other Laws Made Applicable.--The
299	Acme Improvement District hereby created shall be a public
300	corporation of this state. The provisions of the General
301	Drainage Laws of Florida applicable to drainage districts or
302	subdrainage districts which are embodied in chapter 298, Florida
303	Statutes, and all of the laws amendatory thereof, now existing
304	or hereafter enacted, so far as not inconsistent with this Act
305	are hereby declared to be applicable to said Acme Improvement
306	District. Said Acme Improvement District shall have all of the
307	powers and authorities mentioned in or conferred by said
308	chapters 298 and 189, Florida Statutes, and acts amendatory
309	thereof, and all other applicable general laws, except as herein
310	otherwise provided.
311	Section 3.
312	(1) Powers of the District.--The District shall have the
313	power to sue and be sued by its name in any court of law or in
314	equity; to make contracts to adopt and use a corporate seal and
315	to alter the same at pleasure; to acquire by purchase, gift, or
316	condemnation real and personal property, either or both, within
317	or without the District, and to convey and dispose of such real
318	and personal property, either or both, as may be necessary or
319	convenient to carry out any of the purposes of this Act and
320	chapter 298, Florida Statutes; to construct, operate, and
321	maintain canals, ditches, drains, levees, and other works for
322	drainage purposes; to acquire, purchase, operate, and maintain
323	pumps, plants, and pumping systems for drainage purposes; to
324	construct, operate, and maintain irrigation works, machinery,
325	and plants; to construct, improve, pave, and maintain roadways
326	and roads necessary and convenient for the exercise of any of
327	the powers or duties of said District or the supervisors
328	thereof; and in furtherance of the purposes and intent of this
329	Act and chapter 298, Florida Statutes, to construct, improve,
330	pave, and maintain roadways and roads necessary and convenient
331	to provide access to and efficient development of areas made
332	suitable and available for cultivation, settlement, and other
333	beneficial use and development as a result of the drainage and
334	reclamation operations of the District; to construct and
335	maintain recreation areas and facilities; to acquire, construct,
336	finance, and maintain water plants and systems to produce,
337	purify, and distribute water for consumption; to acquire,
338	construct, finance, and maintain sewer systems for the
339	collection and disposal of waste and to prevent water pollution
340	in the District; to distribute from its water plants water for
341	consumption to users within and without the District boundaries
342	and to provide sewer collection and disposal of waste to lands
343	within and without the District boundaries; however, the area
344	without the District boundaries shall extend no farther east
345	than State Road 7, no farther south than the existing District
346	boundary, no farther north than State Road 80, and no farther
347	west than the existing District boundary, but shall include
348	Section 13, Township 44 South, Range 40 East, and the easterly
349	boundary of L-40 along the southwesterly boundary of the
350	District; the grant of power to the District to distribute water
351	and to provide sewer collection and dispose of waste to the area
352	within and without the District boundaries shall not preempt
353	efforts by Palm Beach County to manage development in Palm Beach
354	County consistent with the authority and power as contained in
355	the Charter of Palm Beach County and through its comprehensive
356	planning process as provided in chapter 163, Florida Statutes,
357	and rules and regulations enacted thereunder, and in furtherance
358	of such limitation, the Board of County Commissioners of Palm
359	Beach County shall review and approve each proposed distribution
360	of water and provision of sewer allocation and disposal of water
361	to the lands without the District boundaries for a determination
362	of consistency with the county’s comprehensive plan, or element
363	or portion thereof, or any land development regulations or codes
364	or amendments thereto, and any such proposed distribution,
365	provision, or disposal determined to be inconsistent with the
366	plan, regulations, or codes or amendments thereto by the Board
367	of County Commissioners is prohibited; to construct and maintain
368	a system of road and street lighting; to construct and maintain
369	facilities for and take measures to control mosquitoes and other
370	pests; to acquire, construct, and maintain conservation areas
371	and sanctuaries for the storage of water for water control and
372	irrigation purposes and for preservation of wildlife; to borrow
373	money and issue negotiable or other bonds of said District as
374	hereinafter provided; to borrow money, from time to time, and
375	issue negotiable or other notes of said District therefor,
376	bearing interest at not exceeding the maximum interest allowable
377	by law in anticipation of the collection of taxes, levies, and
378	assessments or revenues of said District, and to pledge or
379	hypothecate such taxes, levies, assessments, and revenues to
380	secure such bonds, notes, or obligations, and to sell, discount,
381	negotiate, and dispose of the same; and to exercise all other
382	powers necessary, convenient, or proper in connection with any
383	of the powers or duties of said District stated in this Act.
384	The powers and duties of said District shall be exercised by and
385	through the Board of Supervisors thereof, which Board shall have
386	the authority to employ engineers, attorneys, agents, employees,
387	and representatives as the Board of Supervisors may from time to
388	time determine, and to fix their compensation and duties. All
389	powers and authority of the District shall extend and apply to
390	the District as a whole and to each unit of development as from
391	time to time may be designated by the Board of Supervisors.
392	(2) Additional Powers of District.--In addition to the
393	powers contained in subsection (1) herein, chapters 189 and 298,
394	Florida Statutes, and as provided for herein and such other
395	applicable laws, the Acme Improvement District in Palm Beach
396	County, formerly named the Acme Drainage District, shall have
397	the authority and power to:
398	(a) Provide parks, preserves, playgrounds, recreation
399	areas, and facilities and programs in the same manner and to the
400	same extent as is provided by section 125.01(1)(f), Florida
401	Statues, which includes the authority to provide for the
402	construction, operation, and maintenance of such parks,
403	preserves, playgrounds, recreation areas, facilities, and
404	programs through the District’s maintenance taxes and user fees
405	and such other legally available revenues; provide recreation
406	and playground equipment; employ supervisory personnel; organize
407	and sponsor community and athletic teams and events; provide
408	liability insurance to cover such projects; lease parks,
409	preserves, playgrounds, recreation areas, and facilities; and
410	provide any other programs and elements of parks, preserves,
411	playgrounds, recreation areas, and facilities, the enumeration
412	of the same not being exclusive.
413	(b) Purchase, acquire by gift, or otherwise obtain land
414	for the purpose of constructing capital improvements for the
415	District and finance the same through the maintenance taxes and
416	user fees of the District.
417	(c) Study and take appropriate action to form a municipal
418	government under the laws of this state covering the land in the
419	District, and finance that effort from the maintenance taxes and
420	user fees of the District.
421	(d) Appoint advisory boards and committees consisting of
422	landowners in the District for the purpose of recommending
423	policies, programs, and matters of public interest for the
424	public good of the landowners and residents of the District.
425	(e) Require any individual or entity seeking to construct
426	any structure upon or occupying District property or right-of-
427	way, or connecting to or using the property of the District, to
428	first obtain a permit from the District and comply with District
429	rules, regulations, and specifications, and deny or revoke any
430	permit or permit application if it finds that the matter for
431	which the permit is sought or granted does not comply with
432	District plans, rules, regulations, or policies. All costs,
433	including construction, engineering, legal, and administration
434	expenses of the District, must be paid by the applicant seeking
435	the permit. This includes any structure to be constructed upon
436	a lot, parcel, or land within the District to be connected to
437	the works of the District.
438	(3) The Acme Improvement District shall have the power to
439	participate in programs provided for under the provisions of
440	Public Law 92-500 as they apply to the District. The District
441	shall have the authority to adopt a system of changes to assure
442	that each recipient of waste treatment services within the
443	District’s jurisdiction will pay its proportionate share of the
444	costs of operations and maintenance including replacement, or
445	any waste treatment services provided by the District, and to
446	make provisions for payment to the District by the industrial
447	users of the treatment works of that portion of the cost of
448	construction of such treatment works which is allocable to the
449	treatment of such industrial wastes to the extent attributable
450	to the Federal Governments Share of the Cost of Construction.
451	Roads for exclusive use and benefit of a unit of development or
452	other designated area and its residents.--It is hereby found and
453	declared that among the many causes of deterioration in
454	residential neighborhoods are the proliferation of crime,
455	excessive automobile flow, and excessive noise from automobile
456	traffic. It is to the benefit of the land in the District and
457	its ultimate users and residents and will serve a public purpose
458	to include provision in a water management plan for roads for
459	the exclusive use and benefit of a unit of development and its
460	residents. The Acme Improvement District, therefore, has the
461	power:
462	(a) To provide, by resolution, in a water management plan
463	for a unit of development, roads for the exclusive use and
464	benefit of a unit of development and its landowners, residents,
465	and invitees to control ingress and egress.
466	(b) To finance and maintain such roads and their
467	associated elements as part of a water management plan.
468	(c) To construct and maintain security structures to
469	control the use of such roads.
470	(d) To make provision for access to such roads by fire,
471	police, and emergency vehicles and personnel for the protection
472	of life and property in the unit of development.
473	(e) To include in the annual assessment of taxes as
474	authorized sufficient funds to finance and maintain such roads
475	as part of a water management plan for a unit of development.
476	(f) To adopt, by resolution, rules and regulations for the
477	control of traffic, noise, crime, and the use of the roads by
478	those persons authorized to use them.
479	(g) To provide, by resolution, in a water management plan,
480	for the exclusive use of roads under this section if the written
481	consent of the owners of 75 percent of the land within the unit
482	has been obtained.
483
484	The provisions of this section also apply to any designated area
485	in the District as if that area were a unit of development, upon
486	the written consent of the owners of seventy-five percent (75%)
487	of the land within the designated area.
488	Section 4. Board of Supervisors; Organization; Terms of
489	Office; Election; Vacancy.--Effective March 28, 1996, at 7 p.m.,
490	the terms of office of the Board of Supervisors of the Acme
491	Improvement District terminated, and the Village Council members
492	of the Village of Wellington assumed the duties and
493	responsibilities of the Board of Supervisors and thereafter have
494	constituted the Board of Supervisors. The provisions of section
495	5 of the Village of Wellington Charter shall govern the
496	organization, terms of office, elections, and filling of
497	vacancies for the Board of Supervisors.
498	Section 5. The supervisors of Acme Improvement District
499	shall serve without compensation, per diem or otherwise, but
500	shall be entitled to reimbursement for travel expenses as
501	provided by law.
502	(1) The village manager shall have all the same
503	authorities as those of the chief administrator of Acme
504	Improvement District as may be necessary to effectuate the
505	purposes of the village.
506	(2) The village, which controls and operates Acme
507	Improvement District, a dependent District of village, hereby
508	reauthorizes Acme Improvement District to establish rates, fees,
509	charges, and surcharges on water and sewer utility services to
510	consumers located outside the boundaries of the village and the
511	District pursuant to the criteria set forth in section 180.191,
512	Florida Statutes, and ratifies the prior imposition of such
513	rates, fees, charges, and surcharges.
514	(3)(a) The village hereby provides that all unpaid water
515	and sewer utility charges shall constitute a lien on the real
516	property affected ninety (90) days following the date on which
517	the water and sewer utility charges are due and payable. All
518	unpaid water and sewer utility charges shall bear interest at
519	the prevailing market rate of interest, but no less than a rate
520	of five percent (5%) per annum from the date when the same
521	became due and payable.
522	(b) If any water and sewer utility charges become
523	delinquent by not being fully paid within ninety (90) days
524	following the date on which the water and sewer utility charges
525	are due and payable, and remain delinquent, the District shall
526	cause to be prepared a notice of lien containing the amount of
527	the delinquent charges, including the amount of the first
528	penalty, a legal description of the unit of real property
529	against which the lien is imposed, and the name of the owner of
530	such real property as indicated on the real property records
531	maintained by the property appraiser of the county. Said notice
532	of lien shall be recorded in the public records of the county
533	prior to the completion of the fiscal year for which the charges
534	are levied, or as soon thereafter as the District shall
535	determine. A copy of the notice of lien shall be served on the
536	owner of record as provided in section 713.18, Florida Statutes,
537	within ten (10) days after the notice of lien is recorded.
538	(c) Until fully paid and discharged or barred by law, such
539	liens shall be prior to all other liens, except that such liens
540	shall be on parity with a lien of state, county, and municipal
541	taxes, and any lien for charges for services created pursuant to
542	section 159.17, Florida Statutes.
543	(d) All costs of enforcement of such liens, including
544	reasonable attorney’s fees and costs, shall become a lien upon
545	the real property affected and shall bear interest at the
546	prevailing market rate of interest but not less than a rate of
547	five percent (5%) per annum from the date when the same became
548	due and payable.
549	(e) Upon full payment of the delinquent water and sewer
550	utility charges, including the costs of enforcement of any lien,
551	District shall promptly discharge its recorded lien by recording
552	a release of lien in the public records of Palm Beach County.
553	(f) Foreclosure of all liens imposed under this section
554	shall be in the manner prescribed by chapter 173, Florida
555	Statutes.
556	(g) This section shall operate retroactively to apply to
557	liens previously filed by the District for failure to pay
558	delinquent water and sewer utility charges and to all other
559	delinquent utility charges, whether or not a notice of lien has
560	been filed by the District.
561	(h) Any unpaid water and sewer utility charges incurred by
562	a former tenant of rental property shall not be the basis for
563	any lien against the rental property or action against the
564	present tenant or owner to recover such charges, except to the
565	extent that the present tenant or owner has benefited directly
566	from the service provided to the former occupant.
567	Section 6. Meetings of Landowners.--Each year during the
568	month of January, a meeting of the landowners of said District
569	shall be held for the purpose of receiving reports of the Board
570	of Supervisors and considering any matters upon which the Board
571	of Supervisors may request the advice and view of the
572	landowners. The Board of Supervisors shall have the power to
573	call special meetings of the landowners at any time to receive
574	reports of the Board of Supervisors or consider and act upon any
575	matter upon which the Board of Supervisors may request advice.
576	Notice of all meetings of the landowners shall be given by the
577	Board of Supervisors by causing publication thereof to be made
578	for two (2) consecutive weeks prior to such meetings in a
579	newspaper of general circulation published in Palm Beach County.
580	The meetings of the landowners shall be held in some public
581	place in said county, and the place, day, and hour of holding
582	such meeting shall be stated in the notice. The landowners,
583	when assembled, shall organize by electing a chair who shall
584	preside at the meeting. The secretary of the Board of
585	Supervisors shall be the secretary of such meeting. At all such
586	meetings, each and every acre of land in the District shall
587	represent one share, and each owner shall be entitled to one
588	vote in person or by written proxy for every acre or part of an
589	acre of land owned by him or her in the District. At any
590	landowners’ meeting, a quorum shall constitute the owners of
591	land in the District present in person or voting by proxy.
592	Guardians may represent their wards; personal representatives
593	may represent the estates of deceased persons; trustees may
594	represent lands held by them in trust; and private corporations
595	may be represented by their officers or duly authorized agents.
596	Guardians, personal representatives, trustees, and corporations
597	may vote by proxy.
598	Section 7. Taxes, Levied and Apportioned, and the
599	Collection Thereof.--Taxes shall be levied and apportioned as
600	provided for in the General Drainage Laws of Florida (chapter
601	298, Florida Statutes, and amendments thereto and other
602	applicable general laws). In lieu thereof, the following
603	provision shall apply to said District.
604	(1) It shall be the duty of the Tax Collector of Palm
605	Beach County to receive the “Drainage Tax Book” each year, and
606	he or she is hereby empowered and it shall be his or her duty to
607	promptly and faithfully collect the tax therein set out and to
608	exercise all due diligence in so doing. He or she is further
609	directed and ordered to demand and collect such taxes at the
610	same time that he or she demands and collects county taxes due
611	on the same lands. Where any tract or part thereof has been
612	divided and sold or transferred, the Collector shall receive
613	taxes on any part of any tract, piece, or parcel of land charged
614	with such taxes and give his or her receipt accordingly. The
615	above and foregoing “Drainage Tax Book” shall be the warranty
616	and authority of the Collector for making such demand and
617	collection. The said Collector shall pay over and account for
618	all monies collected thereon to the Treasurer of said District
619	at the same time when he or she pays over county taxes. Said
620	Collector shall verify by affidavit his or her said return. The
621	Board of Supervisors may in its discretion determine it is for
622	the best interest of the District that the annual tax levies be
623	collected by the Treasurer of the District, and in the event
624	said Board shall so determine, then the Treasurer of the
625	District shall receive the “Drainage Tax Book” and he or she is
626	hereby empowered and it shall be his or her duty to collect the
627	tax in the same manner as the Tax Collector would, and the
628	Treasurer shall be substituted for and perform all the duties
629	and actions of the Tax Collector in the collection and
630	enforcement of the annual taxes and tax liens, and the said
631	Treasurer shall have the same powers as are by this Act vested
632	in the Tax Collector. The said Tax Collector or Treasurer shall
633	likewise collect the delinquent taxes of said District and
634	demand payment therefor in the manner as provided for the
635	collection of delinquent county taxes. The Tax Collector shall
636	retain for his or her services one percent of the amount he or
637	she collects on current taxes and two percent on the amount he
638	or she collects on delinquent taxes. The Treasurer shall
639	receive no extra compensation for collecting the annual tax.
640	(2) Levies of Taxes on Land Less Than One Acre.--In
641	levying and assessing all taxes, each tract or parcel of land
642	less than one acre in area shall be assessed as a full acre, and
643	each tract or parcel of land more than one acre in area which
644	contains a fraction of an acre shall be assessed at the nearest
645	whole number of acres, a fraction of one-half or more to be
646	assessed as a full acre.
647	Section 8. When Unpaid Taxes Delinquent; Penalty; Sale of
648	Lands for Delinquent Taxes, etc.--All taxes provided for in this
649	Act remaining unpaid after the first day in April of the year
650	following that for which said taxes are levied shall be and
651	become delinquent and bear a penalty of two percent a month on
652	the amount of said taxes from date of delinquency until paid.
653	In computing said penalty, each fractional part of a month shall
654	be counted as a full month. In lieu thereof, the provisions of
655	the Florida Statutes relating to the sale of lands for unpaid
656	and delinquent county taxes, the issuance, sale, and delivery of
657	tax certificates for such unpaid and delinquent county, the
658	redemption thereof, the issuance to individuals of tax deeds
659	based thereon, and the procedure in connection therewith shall
660	be applicable to said District and the delinquent and unpaid
661	taxes of said District to the same extent as if said statutory
662	provisions were expressly set forth in this Act.
663	Section 9. Forfeiture of Title to Tax Delinquent Lands to
664	District; Sale of Tax Forfeited Lands; Suits to Enforce
665	Liens.--The following shall apply to said District:
666	The fee simple title to all lands in said District against which
667	there are outstanding tax sale certificates held by said
668	District or its Board of Supervisors for more than two (2) years
669	from the date thereof shall be absolutely vested in said
670	District, and every right, title, or interest of every nature or
671	kind whatsoever of the former owner of said property, or anyone
672	claiming by, through, or under him or her, or anyone holding a
673	lien thereon, shall cease, terminate, and end, and said District
674	may sell said lands in the manner provided in this section. No
675	court in this state, either federal or state, shall have
676	jurisdiction to entertain any suit brought by the former owner
677	of said lands or anyone claiming by, through, or under him or
678	her for the purpose of questioning or in any way litigating or
679	contesting the title of said District or its grantees to said
680	lands. Lands to which said District or its Board of Supervisors
681	shall acquire title under the provisions of this Act or under
682	the provisions of any other law may be sold in the manner
683	following:
684	(1) Any lands to which the Board has acquired title, or
685	may hereafter acquire title, may be sold by the Board at any
686	time for the best price obtainable therefor.
687	(2) All sales of land shall be for cash or upon terms and
688	security to be approved by the Board, but deed shall not be
689	executed until full payment shall have been made.
690	(3) Before selling any land, it shall be the duty of the
691	Board to cause a notice of intention to sell to be published in
692	a newspaper published in Palm Beach County, Florida, once each
693	week for three (3) successive weeks (three insertions being
694	sufficient), the first publication of which shall be not less
695	than thirty (30) nor more than forty-five (45) days prior to any
696	sale, which said notice shall set forth the time and place of
697	the sale and a description of the lands to be offered for sale,
698	and it shall be the further duty of the Board to send registered
699	mail at least fifteen (15) days before the date of sale a copy
700	of such proposed notice to the last known address of the person,
701	firm, or corporation to whom the lands described in said notice
702	were last assessed, if known. However, the failure of the
703	person, firm, or corporation to whom said land was last assessed
704	to receive such notice shall not invalidate the sale or affect
705	the rights of the purchaser thereunder, nor shall the failure of
706	the Board to give such notice by mail invalidate the sale or
707	affect the rights of the purchaser thereunder, it being the
708	intention that this provision for mailing of said notice shall
709	be directory only.
710
711	Provided, however, the District or its Board of Supervisors may,
712	before any tax sale certificates held by said District or its
713	Board of Supervisors become two (2) years old, foreclose the
714	lien established by such certificate by an action in Chancery.
715	The pleadings, process, proceedings, practice, and sales in
716	cases brought for the foreclosure of such lien shall be the same
717	as in actions for the enforcement of mortgages upon real estate.
718	One or more parcels of land may be included in one suit.
719	Section 10. Uniform Acreage Tax for Payment of
720	Expenses.--There is hereby levied by the Legislature of the
721	State of Florida upon each and every acre of land within said
722	Acme Improvement District, as defined in this Act, a uniform tax
723	of twenty-five cents ($0.25) per acre to be used by said
724	District, through its said Board of Supervisors, for the purpose
725	of paying expenses incurred or to be incurred in making surveys
726	of the lands in said District, assessing benefits and damages
727	and other expenses necessarily incurred, as may be estimated or
728	determined by said Board of Supervisors, before said Board of
729	Supervisors shall be in funds under the subsequent provisions of
730	this Act. Such tax shall become due and payable on the first
731	day of November, A.D. 1953, and shall become delinquent ninety
732	(90) days thereafter. Said tax shall be a lien upon the lands
733	in said District from the date of the enactment of this Act and
734	shall be collected in the same manner as the annual installment
735	of taxes. If it shall appear to the Board of Supervisors to be
736	necessary to obtain funds to pay any expenses incurred or to be
737	incurred in organizing said District, making said surveys,
738	preparing the Plan of Reclamation, or other expenses of the
739	conduct and operation of said District before a sufficient sum
740	can be obtained by the collection of the acreage tax levied by
741	this section of this Act, said Board of Supervisors may borrow a
742	sufficient sum of money for any of said purposes at a rate of
743	interest not exceeding six percent (6%) per annum, and may issue
744	negotiable notes or bonds therefor signed by the members of said
745	Board of Supervisors, and may pledge any and all assessments of
746	said acreage tax levied under the provisions of this section for
747	the payment thereof. Said Board of Supervisors may issue to any
748	person or persons performing work or services or furnishing
749	anything of value in the organization of said District or making
750	surveys of the same and assessing benefits or damages or
751	preparing said Plan of Reclamation and other expenses
752	necessarily incurred before the receipt of funds arising from
753	assessments or benefits, negotiable evidence of debt bearing
754	interest at the rate not exceeding six percent (6%) per annum.
755	Section 11. Sale of Bonds.--Bonds may be sold in block
756	installments at different times, or an entire issue or series
757	may be sold at one time. Bonds may be sold at public or private
758	sale after such advertisement, if any, as the Board of
759	Supervisors may deem advisable, but not in any event at less
760	than ninety percent (90%) of the par value thereof, together
761	with accrued interest thereon. Bonds may be sold or exchanged
762	for refunding bonds. Bonds payable from drainage taxes and
763	revenue bonds may be delivered as payment from the District of
764	the purchase price of any project or part thereof, or a
765	combination of projects or parts thereof, or as the purchase
766	price or exchange for any property, real or personal, or mixed,
767	including franchises or services rendered by any contractor,
768	engineer, or other person, all at one time or in blocks from
769	time to time, in such manner and upon such terms as the Board of
770	Supervisors in its discretion shall determine. The price or
771	prices for any bonds sold, exchanged, or delivered may be:
772	(1) The money paid for the bonds;
773	(2) The principal amount, plus accrued interest to the
774	date of redemption or exchange, or outstanding obligations
775	exchanged for refunding bonds; or
776	(3) The amount of any indebtedness to contractors or other
777	persons paid with such bonds, or the fair value of any
778	properties exchanged for the bonds, as determined by the Board
779	of Supervisors.
780	Authorization and Form of Bonds.--Bonds may be authorized
781	by resolution or resolutions of the Board of Supervisors which
782	shall be adopted by a majority of all the members thereof then
783	in office. Such resolution or resolutions may be adopted at the
784	same meeting at which they are introduced and need not be
785	published or posted. The Board of Supervisors may, by
786	resolution, authorize the issuance of bonds and fix the
787	aggregate amount of bonds to be issued, the purpose or purposes
788	for which the moneys derived therefrom shall be expended, the
789	rate or rates of interest in compliance with Florida Statutes,
790	the denomination of the bonds, whether or not the bonds are to
791	be issued in one or more series, the date or dates of maturity,
792	which shall not exceed forty (40) years from their respective
793	dates of issuance, the medium of payment, the place or places
794	within or without the state where payment shall be made,
795	registration privileges, redemption terms and privileges,
796	whether with or without premium, the manner of execution, the
797	form of the bonds, including any interest coupons to be attached
798	thereto, the manner of execution of bonds and coupons, and any
799	and all other terms, covenants, and conditions thereof, and the
800	establishment of revenue or other funds. Such authorizing
801	resolution may further provide that such bonds may be executed
802	manually or by engraved, lithographed, or facsimile signature.
803	The seal of the District may be affixed, lithographed, engraved,
804	or otherwise reproduced in facsimile on such bonds. In case any
805	officer whose signature shall appear on any bonds or coupons
806	shall cease to be such officer before the delivery of such
807	bonds, such signature or facsimile shall nevertheless be valid
808	and sufficient for all purposes, the same as if he or she had
809	remained in office until such delivery.
810	Interim Certificates; Replacement Certificates.--Pending
811	the preparation of definitive bonds, the Board of Supervisors
812	may issue interim certificates or receipts or temporary bonds,
813	in such form and with such provisions as the Board of
814	Supervisors may determine, exchangeable for definitive bonds
815	when such bonds shall have been executed and are available for
816	delivery. The Board of Supervisors may also provide for the
817	replacement of any bonds which shall become mutilated or be lost
818	or destroyed.
819	Negotiability of Bonds.--Any bonds issued hereunder or
820	temporary bond shall, in the absence of an express recital on
821	the face thereof that it is non-negotiable, be fully negotiable
822	and shall be and constitute negotiable instruments within the
823	meaning and for all purposes of the law merchant and the laws of
824	the state.
825	Defeasance.--The Board of Supervisors may make such
826	provision with respect to the defeasance of the right, title,
827	and interest of the holders of any of the bonds and obligations
828	of the District in any revenues, funds, or other properties by
829	which such bonds are secured as the Board of Supervisors deems
830	appropriate and, without limitation, on the foregoing, may
831	provide that when such bonds or obligations become due and
832	payable or shall have been called for redemption, and the whole
833	amount of the principal and interest and premium, if any, due
834	and payable upon the bonds or obligations then outstanding shall
835	be held in trust for such purpose, and provision shall also be
836	made for paying all other sums payable in connection with such
837	bonds or other obligations, then and in such event the right,
838	title, and interest of the holders of the bonds in any revenues,
839	funds, or other properties by which such bonds are secured shall
840	thereupon cease, terminate, and become void, and the Board of
841	Supervisors may apply any surplus in any sinking fund
842	established in connection with such bonds or obligations and all
843	balances remaining in all other funds or accounts other than
844	money held for the redemption or payment of the bonds or other
845	obligations to any lawful purpose of the District as the Board
846	of Supervisors shall determine.
847	Issuance of Additional Bonds.--If the proceeds of any bonds
848	shall be less than the cost of completing the project in
849	connection with which such bonds are issued, the Board of
850	Supervisors may authorize the issuance of additional bonds, upon
851	such terms and conditions as the Board of Supervisors may
852	provide in the resolution authorizing the issuance thereof, but
853	only in compliance with the resolution or other proceedings
854	authorizing the issuance of the original bonds.
855	Refunding Bonds.--The District shall have the power to
856	issue bonds to provide for the retirement or refunding of any
857	bonds or obligations of the District that at the time of such
858	issuance are or subsequently thereto become due and payable.
859	Refunding bonds may be issued at any time when in the judgment
860	of the Board of Supervisors such issuance will be advantageous
861	to the District. The Board of Supervisors may, by resolution,
862	confer upon the holders of such refunding bonds all rights,
863	powers, and remedies to which the holders would be entitled if
864	they continued to be the owners and had possession of the bonds
865	for the refinancing of which said refunding bonds are issued,
866	including, but not limited to, the preservation of the lien of
867	such bonds on the revenues of any project or on pledged funds,
868	without extinguishment, impairment, or diminution thereof. The
869	provisions of this Act pertaining to bonds of the District
870	shall, unless the context otherwise requires, govern the
871	issuance of refunding bonds, the form and other details thereof,
872	the rights of the holders thereof, and the duties of the Board
873	of Supervisors with respect to the same.
874	Revenue Bonds.--The District shall have the power to issue
875	revenue bonds from time to time without limitation as to amount.
876	Such revenue bonds may be secured by, or payable from, the gross
877	or net pledge of the revenues to be derived from any project or
878	combination of projects, from the rates, fees, or other charges
879	to be collected from the users of any project or projects, from
880	any revenue producing undertaking or activity of the District,
881	or from any other source of pledged security.
882	Drainage Tax Bonds.--
883	(1) The District shall have the power to issue bonds
884	payable from drainage taxes from time to time, provided that the
885	principal amount of each such issue shall not exceed ninety
886	percent (90%) of the benefits assessed upon the lands of the
887	District.
888	(2) Such bonds may be secured by or be payable from
889	drainage taxes which may be deposited in a special fund to which
890	the District may assign taxes for the benefit of the holders of
891	such assessment bonds or other obligations, or to a trustee for
892	such bondholders, including the tax liens provided for in this
893	Act, unless such tax liens have been theretofore pledged for any
894	bonds or other obligations authorized hereunder. In the event
895	of the creation of such special fund and the issuance of such
896	drainage tax bonds, the proceeds of such tax liens deposited
897	therein shall be used only for the payment of the drainage tax
898	bonds issued as provided in this section. The District is
899	hereby authorized to covenant with the holders of such drainage
900	tax bonds that it will diligently and faithfully enforce and
901	collect all the drainage taxes and interest and penalties
902	thereon for which tax liens have been deposited in or assigned
903	to such fund, and to foreclose such tax liens so assigned to
904	such special fund, after such tax liens have become delinquent,
905	and deposit the proceeds derived from such foreclosure,
906	including interest and penalties, in such special fund, and to
907	make any other covenants deemed necessary or advisable in order
908	to properly secure the holders of such drainage tax bonds.
909	Bonds as Legal Investment or Security.--
910	(1) Notwithstanding any provisions of any other law to the
911	contrary, all bonds issued under the provisions of this Act
912	shall constitute a legal investment for savings banks, banks,
913	trust companies, insurance companies, personal representatives,
914	administrators, trustees, guardians, and other fiduciaries, and
915	for any board, body, agency, instrumentality, county,
916	municipality, or other political subdivision of the state, and
917	shall be and constitute security which may be deposited by banks
918	or trust companies as security for deposits of state, county,
919	municipal, or other public funds or by insurance companies as
920	required or voluntary statutory deposits.
921	(2) Any bonds issued by the District shall be
922	incontestable in the hands of bona fide purchasers or holders
923	for value and shall not be invalid because of any irregularity
924	or defect in the proceedings for the issue and sale thereof.
925	Covenants.--Any resolution authorizing the issuance of
926	bonds may contain such covenants as the Board of Supervisors may
927	deem advisable, and all such covenants shall constitute valid
928	and legally binding and enforceable contracts between the
929	District and the bondholders, regardless of the time of issuance
930	thereof. Such covenants may include, without limitation,
931	covenants concerning the disposition of the bond proceeds, the
932	use and disposition of project revenues, the pledging of
933	revenues, taxes, and assessments, the obligations of the
934	District with respect to the operation of the project and the
935	maintenance of adequate project revenues, the issuance of
936	additional bonds, the appointment, powers, and duties of
937	trustees and receivers, the acquisition of outstanding bonds and
938	obligations, restrictions on the establishing of competing
939	projects or facilities, restrictions on the sale or disposal of
940	the assets and property of the District, the priority of
941	assessment liens, the priority of claims by bondholders on the
942	taxing power of the District, the maintenance of deposits to
943	assure the payment of revenues by users of District facilities
944	and services, the discontinuance of District services by reason
945	of delinquent payments, acceleration upon default, the execution
946	of necessary instruments, the procedure for amending or
947	abrogating covenants with the bondholders, and such other
948	covenants as may be deemed necessary or desirable for the
949	security of the bondholders.
950	Section 12. Full Authority for Issue and Sale of Bonds
951	Authorized.--This Act shall, without reference to any other Act
952	of the Legislature of Florida, be full authority for the
953	issuance and sale of the bonds in this Act authorized, which
954	bonds shall have all the qualities of negotiable paper under the
955	law merchant and shall not be invalid for any irregularity or
956	defect in the proceedings for the issuance and sale thereof, and
957	shall be incontestable in the hands of bona fide purchasers or
958	holders thereof. No proceedings in respect to the issuance of
959	any such bonds shall be necessary, except such as are required
960	by this Act. The provisions of this Act shall constitute an
961	irrepealable contract between the said Board of Supervisors and
962	the said Acme Improvement District and the holders of any bonds
963	and the coupons thereof issued pursuant to the provisions
964	hereof. Any holder of any of said bonds or coupons may either
965	in law or in equity by suit, action, or mandamus enforce and
966	compel the performance of the duties required by this Act of any
967	of the officers or persons mentioned in this Act in relation to
968	the said bonds, or to the correct enforcement and application of
969	the taxes for the payment thereof.
970	After the several bonds and coupons are paid and retired as
971	herein provided, they shall be returned to the Treasurer, and
972	they shall be canceled and an appropriate record thereof made in
973	a book to be kept for that purpose, which record of paid and
974	canceled bonds shall be kept at the office of the Treasurer and
975	shall be open for inspection of any bondholder at any time.
976	Section 13. Approval of Board of Drainage Commissioners
977	Not Required to Issue Bonds.--The Board of Supervisors may issue
978	bonds under the provisions of this Act, without the approval of
979	the Board of Drainage Commissioners of the State of Florida.
980	Section 14. Floating Indebtedness.--Prior to the issuance
981	of bonds under the provisions of this Act, the Board of
982	Supervisors may from time to time issue warrants or negotiable
983	notes or other evidences of debt of said District, all of which
984	shall be termed “Floating Indebtedness” in order to distinguish
985	the same from the bonded debt provided for. The said notes or
986	other evidences of indebtedness shall be payable at such times
987	and shall bear interest at a rate not exceeding that provided
988	for in section 215.84, Florida Statutes, for bonds and may be
989	sold or discounted at such price or on such terms as the said
990	Board may deem advisable. The Board shall have the right in
991	order to provide for the payment thereof, to pledge the whole or
992	any part of the taxes provided for in this Act, whether the same
993	shall be theretofore or thereafter levied, and said Board shall
994	have the right to provide that the said floating debt shall be
995	payable from the proceeds arising from the sale of bonds, or
996	from the proceeds of any such tax, or both.
997	Section 15. Use of Bonds and Interest Coupons in Payment
998	of Taxes Not Authorized.--The provisions of sections Florida
999	Statutes relating to the use of bonds and obligations in payment
1000	of drainage taxes shall not be applicable to said District and
1001	its bonds, obligations, and taxes.
1002	Section 16. Payment of Taxes in Advance Not
1003	Authorized.--The provisions of Florida Statutes relating to the
1004	payment of taxes in advance shall not be applicable to said
1005	District.
1006	Section 17. Eminent Domain.--The said Board of Supervisors
1007	is hereby authorized and empowered to exercise the right of
1008	eminent domain and may condemn for the use of said District any
1009	and all lands, easements, rights of way, riparian rights, and
1010	property rights of every description, in or out of said
1011	District, required for the public purposes and powers of said
1012	Board as herein granted, and may enter upon, take, and use such
1013	lands as it may deem necessary for such purposes.
1014	Section 18. Water a Common Enemy--It is hereby declared
1015	that in said District, surface waters, which shall include
1016	rainfall and the overflow of rivers and streams, are a common
1017	enemy, and the said District and any individual or agency
1018	holding a permit to do so from said District shall have the
1019	right to dike, dam, and construct levees to protect the said
1020	District or any part thereof, or the property of said individual
1021	or agency against the same, and thereby divert the course and
1022	flow of such surface waters and/or pump the water from within
1023	such dikes and levees.
1024	Section 19. Unit Development; Powers of Supervisors to
1025	Designate Units of District and Adopt System of Progressive
1026	Drainage by Units; Plans of Reclamation and Financing
1027	Assessments, etc., for Each Unit.--The Board of Supervisors of
1028	Acme Improvement District shall have the power and is hereby
1029	authorized in its discretion to drain and reclaim or more
1030	completely and intensively to drain and reclaim the lands in
1031	said District by designated areas or parts of said District to
1032	be called “Units.” The units into which said District may be so
1033	divided shall be given appropriate numbers or names by said
1034	Board of Supervisors so that said units may be readily
1035	identified and distinguished. The Board of Supervisors shall
1036	have the power to fix and determine the location, area, and
1037	boundaries of lands to be included in each and all such units,
1038	the order of development thereof, and the method of carrying on
1039	the work in each unit. The unit system of drainage provided by
1040	this section may be conducted and all of the proceedings by this
1041	section and this Act authorized in respect to such unit or units
1042	may be carried on and conducted at the same time as or after the
1043	work of draining and reclaiming of the entire District has been
1044	or is being or shall be instituted or carried on under the
1045	provisions of this Act. If the Board of Supervisors shall
1046	determine that it is advisable to conduct the work of draining
1047	and reclaiming the lands in said District by units, as
1048	authorized by this section of this Act, said Board shall, by
1049	resolution duly adopted and entered upon its minutes, declare
1050	its purpose to conduct such work accordingly, and shall at the
1051	same time and manner fix the number, location, and boundaries of
1052	and description of lands within such unit or units and give them
1053	appropriate numbers or names. As soon as practicable after the
1054	adoption and recording of such resolution, said Board of
1055	Supervisors shall publish notice once a week for two (2)
1056	consecutive weeks in a newspaper published in Palm Beach County,
1057	Florida, briefly describing the units into which said District
1058	has been divided and the lands embraced in each unit, giving the
1059	name, number, or other designation of such units, requiring all
1060	owners of lands in said District to show cause in writing before
1061	said Board of Supervisors at a time and place stated in such
1062	notice why such division of said District into such units should
1063	not be approved, and said system of development by units should
1064	not be adopted and given effect by said Board, and why the
1065	proceedings and powers authorized by this section of this Act
1066	should not be had, taken, and exercised. At the time and place
1067	stated in said notice, said Board of Supervisors shall hear all
1068	objections or causes of objection (all of which shall be in
1069	writing) of any landowner in said District to the matters
1070	mentioned and referred to in such notice, and if no objections
1071	are made, or if said objections, if made, shall be overruled by
1072	said Board, then said Board shall enter in its minutes its
1073	finding and order confirming said resolution and may thereafter
1074	proceed with the development, drainage, and reclamation of said
1075	District by units pursuant to such resolution and to the
1076	provisions of this Act. If, however, said Board of Supervisors
1077	shall find as a result of such objections, or any of them, or
1078	the hearing thereon, that the division of said District into
1079	such units as aforesaid should not be approved, or that said
1080	system of development by units should not be adopted and given
1081	effect, or that the proceedings and powers authorized by this
1082	section of this Act should not be had, taken, or exercised, or
1083	that any other matter or thing embraced in said resolution would
1084	not be in the best interest of the landowners of said District
1085	or would be unjust or unfair to any landowner therein or
1086	otherwise inconsistent with fair and equal protection and
1087	enforcement of the rights of every landowner in said District,
1088	then said Board of Supervisors shall not proceed further under
1089	such resolution, but said Board of Supervisors may, as a result
1090	of such hearing, modify or amend said resolution so as to meet
1091	such objections so made, and thereupon said Board may confirm
1092	said resolution as so modified or amended and may thereafter
1093	proceed accordingly. The sustaining of such objections and the
1094	rescinding of such resolutions shall not exhaust the power of
1095	said Board under this section; however, at any time not less
1096	than one (1) year after the date of the hearing upon any such
1097	resolution, the Board of Supervisors may adopt other resolutions
1098	under this section and thereupon proceed on due notice in like
1099	manner as above. If said Board of Supervisors shall overrule or
1100	refuse to sustain any such objections in whole or in part made
1101	by any landowner in the District, or if any such landowner shall
1102	deem himself or herself aggrieved by any action of the Board of
1103	Supervisors in respect to any objections so filed, such
1104	landowner may, within ten (10) days after the ruling of said
1105	Board, file his or her bill of complaint in the Circuit Court
1106	for Palm Beach County, Florida, in Chancery, against said
1107	District, praying an injunction or other appropriate relief
1108	against the action or any part of such action proposed by such
1109	resolution or resolutions of said Board, and such suits shall be
1110	conducted like other Chancery suits, except that said suits
1111	shall have preference over all other pending actions except
1112	criminal actions and writs of habeas corpus. Upon the hearing
1113	of said cause, said Circuit Court shall have the power to hear
1114	the objections and receive the evidence thereon of all parties
1115	to such cause and approve or disapprove said resolutions and
1116	action of said Board, in whole or in part, and to render such
1117	decree in such cause as right and justice require. When said
1118	resolutions creating said unit system shall be confirmed by the
1119	Board of Supervisors (or by the Circuit Court for Palm Beach
1120	County, Florida, if such proposed action shall be challenged by
1121	a landowner by the judicial proceedings hereinabove authorized),
1122	said Board of Supervisors may adopt a plan or plans of
1123	reclamation for and in respect to any or all such units, and to
1124	have the benefits and damages resulting therefrom assessed and
1125	apportioned by Commissioners appointed by the Circuit Court, and
1126	the report of the said Commissioners considered and confirmed,
1127	all in like manner as is provided by law in regard to Plans of
1128	Reclamation for and assessments for benefits and damages of the
1129	entire District. With respect to the Plan of Reclamation,
1130	notices, appointment of Commissioners to assess benefits and
1131	damages, report of Commissioners and notice and confirmation
1132	thereof, the levy of assessments and taxes, including
1133	maintenance taxes, and the issuance of bonds and all other
1134	proceedings as to each and all of such units, said Board shall
1135	follow and comply with the same procedure as is provided by law
1136	with respect to the entire District, and said Board of
1137	Supervisors shall have the same powers in respect to each and
1138	all of such units as is vested in them with respect to the
1139	entire District. All the provisions of this Act shall apply to
1140	the drainage, reclamation, and improvement of each, any, and all
1141	of such units, and the enumeration of or reference to specific
1142	powers or duties of the Supervisors or any other officers or
1143	other matters in this Act as hereinabove set forth shall not
1144	limit or restrict the application of any and all of the
1145	proceedings and powers herein to the drainage and reclamation of
1146	such units as fully and completely as if such unit or units were
1147	specifically and expressly named in every section and clause of
1148	this Act where the entire District is mentioned or referred to.
1149	All assessments, levies, taxes, bonds, and other obligations
1150	made, levied, assessed, or issued for or in respect to any such
1151	unit or units shall be a lien and charge solely and only upon
1152	the lands in such unit or units, respectively, for the benefit
1153	of which the same shall be levied, made, or issued, and not upon
1154	the remaining units or lands in said District. The Board of
1155	Supervisors may at any time amend its said resolutions by
1156	changing the location and description of lands in any such unit
1157	or units, provided, further, that if the location of or
1158	description of lands located in any such unit or units is so
1159	changed, notice of such change shall be published as hereinabove
1160	required in this section for notice of the formation or
1161	organization of such unit or units, and all proceedings shall be
1162	had and done in that regard as are provided in this section for
1163	the original creation of such units or units, provided, however,
1164	that no lands against which benefits shall have been assessed
1165	may be detached from any such unit after the confirmation of the
1166	Commissioners’ Report of benefits in such unit or units or the
1167	issuance of bonds or other obligations which are payable from
1168	taxes or assessments for benefits levied upon the lands within
1169	such unit or units. However, if, after the confirmation of the
1170	Commissioners’ Report of benefits in such unit or units, or the
1171	issuance of bonds or other obligations which are payable from
1172	taxes or assessments for benefits levied upon lands within such
1173	unit or units, the Board of Supervisors finds the Plan of
1174	Reclamation for any such unit or units insufficient or
1175	inadequate for efficient development, the Plan of Reclamation
1176	may be amended or changed as provided in chapter 298, Florida
1177	Statutes, and the unit or units may be amended or changed as
1178	provided in this section, by changing the location and
1179	description of lands in any such unit or units, by detaching
1180	lands therefrom, or by adding lands thereto, upon the approval
1181	of at least fifty-one percent (51%) of the landowners according
1182	to acreage, in any such unit and of all of the holders of bonds
1183	issued in respect to any such unit, and in such event all
1184	assessments, levies, taxes, bonds, and other obligations made,
1185	levied, assessed, incurred, or issued for or in respect to any
1186	such unit or units may be allocated and apportioned to the
1187	amended unit or units in proportion to the benefits assessed by
1188	the Commissioners’ Report for the amended Plan of Reclamation
1189	and said report shall specifically provide for such allocation
1190	and apportionment. The landowners and all of the bondholders
1191	shall file their approval of or objections to such amended Plan
1192	of Reclamation, and shall file their approval of or objections
1193	to the amendment of such unit as provided in this section. No
1194	lands shall be detached from any unit after the issuance of
1195	bonds or other obligations for such unit except upon the consent
1196	of all the holders of such bonds or other obligations. In the
1197	event of the change of the boundaries of any unit as provided
1198	herein and the allocation and apportionment to the amended unit
1199	or units of assessments, levies, taxes, bonds, and other
1200	obligations in proportion to the benefits assessed by the
1201	Commissioner’s Report for the amended Plan of Reclamation, the
1202	holder of bonds or other obligations heretofore issued for the
1203	original unit who consent to such allocations and apportionment
1204	shall be entitled to all rights and remedies against any lands
1205	added to the amended unit or units as fully and to the same
1206	extent as if such added lands had formed and constituted a part
1207	of the original unit or units at the time of the original
1208	issuance of such bonds or other obligations, and regardless of
1209	whether the holders of such bonds or other obligations are the
1210	original holders thereof or the holders from time to time
1211	hereafter, and the rights and remedies of such holders against
1212	the lands in the amended unit or units, including any lands
1213	added thereto, under such allocation and apportionment, shall
1214	constitute vested and irrevocable rights and remedies to the
1215	holders from time to time of such bonds or other obligations as
1216	fully and to the same extent as if such bonds or other
1217	obligations had been originally issued to finance the
1218	improvements in such amended unit or units under such amended
1219	Plan of Reclamation.
1220	Section 4. The Acme Improvement District may amend its
1221	master water management plan in the manner provided by chapter
1222	298, Florida Statutes, as it may from time to time be amended,
1223	and consistent with other applicable provisions of law.
1224	Section 5. If any provision of this act or the application
1225	thereof to any person or circumstance is held invalid, the
1226	invalidity shall not affect other provisions or applications of
1227	the act which can be given effect without the invalid provision
1228	or application, and to this end the provisions of this act are
1229	declared severable.
1230	Section 6. This act shall be construed as a remedial act and
1231	shall be liberally construed to promote the purpose for which it
1232	is intended.
1233	Section 7. Chapters 28557 (1953), 30391 (1955), 57-568, 59-
1234	706, 63-864, 70-856, 75-470, 77-619, 79-537, 82-349, 83-490, 87-
1235	440, 91-971, 92-342, 94-473, 94-474, and 2000-419, Laws of
1236	Florida, are repealed.
1237	Section 8. The Acme Improvement District, an independent
1238	special District created by a Special Act of the Legislature,
1239	became a dependent District of the Village of Wellington on March
1240	28, 1996. All Special Acts of the Acme Improvement District
1241	became ordinances of the Village of Wellington on March 28, 1996.
1242	The assets, liabilities, and written contracts of the Acme
1243	Improvement District, including all rights, obligations, duties,
1244	and relationships now existing by law or agreement, are
1245	unaffected and remain in full force and effect and shall be those
1246	of the District as a dependent District of the Village of
1247	Wellington. All rights, claims, action, orders, and contracts of
1248	the special District and all legal or administrative proceedings
1249	involving the District shall continue in full force and effect
1250	under the jurisdiction of the District as a dependent District of
1251	the Village of Wellington.
1252	Section 9. To the extent not inconsistent with the Village
1253	of Wellington Charter, all resolutions and policies of the Acme
1254	Improvement District shall remain in effect until amended,
1255	revised, or repealed by the Village Council.
1256	Section 10. Additional provisions which are necessary to
1257	effect the transition and to provide for the operation of the
1258	Acme Improvement District as a dependent District of the Village
1259	of Wellington shall be adopted by ordinance.
1260	Section 11. This act shall take effect upon becoming a
1261	law.
1262