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33	repealed as herein provided.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