HB 0591 2003
1	A bill to be entitled
2	An act relating to the Melbourne-Tillman Water Control
3	District, Brevard County; amending ch. 2001-336, Laws of
4	Florida; amending district boundaries; amending the powers
5	and duties of the Melbourne-Tillman Water Control
6	District, a dependent special district in Brevard County,
7	to authorize the district to sell, lease, or otherwise
8	dispose of real property; providing the procedure for such
9	sale, lease, or other disposition; providing an effective
10	date.
11
12	Be It Enacted by the Legislature of the State of Florida:
13
14	Section 1. Section 3 of section 3 of chapter 2001-336,
15	Laws of Florida, is amended, and section 32 is added to said
16	section, to read:
17	Section 3. Special district.--There is hereby created and
18	incorporated the Melbourne-Tillman Water Control District, a
19	dependent special district, for the purpose of constructing,
20	reconstructing and repairing, maintaining, and operating a
21	surface water management system. The boundaries of the District
22	are:
23
24	All of Township 29 South, Range 36 East, and portions
25	of Township 29 South, Range 37 East, Township 28
26	South, Range 36 East and Township 28 South, Range 37
27	East in Brevard County, Florida being more
28	particularly described as follows:
29
30	Township 29 South, Range 37 East:
31
32	The West 1/2 of Sections 3, 27 and 34, and all of
33	Sections 4 through 9, 16 through 21, and 28 through
34	33, and the West 1/2 of the Southwest 1/4 of the
35	Northeast 1/4 of Section 34.
36
37	Township 28 South, Range 36 East:
38
39	The South 1/2 of Sections 1 through 5, the Southeast
40	1/4 of Section 6, and all of Sections 7 through 36.
41
42	Township 28 South, Range 37 East:
43
44	(a)The Southwest 1/4 of Section 6, the West 1/2 and
45	Southeast 1/4 of Section 7, the West 1/2 of Section
46	17, the South 1/2 of Section 21, a portion of the
47	Southwest 1/4 of Section 22 described as the West 1/2
48	of the Northwest 1/4 of the Southwest 1/4, less Parcel
49	543, the South 1/2 of Section 27, less a portion of
50	the North 1/2 of the South 1/2 described as the area
51	bounded by the west section line, then southerly along
52	the section line to a point 419 feet distant, then
53	easterly to a point along the east section line 450
54	feet southerly of the midpoint of the east section
55	line, then northerly along the section line to the
56	midpoint of the section line, then westerly to the
57	midpoint of the west section line, the point of
58	beginning, the West 1/2, Northeast 1/4 and a portion
59	of the Southeast 1/4 described as the North 1/2 of the
60	Southeast 1/4 and Lot 4 and the West 1/2 of Lot 3, all
61	within Section 34, the West 1/2 of the Northwest 1/4
62	and Northwest 1/4 of the Southwest 1/4 of Section 35,
63	and all of Sections 18 through 20, and 28 through 33.
64
65	(b) Tracts 1, 2, 3 & 4 of the Garner Acres Plat, a
66	replat of a portion of Central Highlands, as recorded
67	in Plat Book 47, Page 13, of the Public Records of
68	Brevard County, Florida, lying in Section 8.
69
70	(c) Tax I.D. Parcels 503, 505, 507 & 508 lying in
71	Section 8.
72
73	(d) Lot 29, Florida Indian River Land Company, as
74	recorded in Plat Book 1, Page 164, of the Public
75	Records of Brevard County, Florida, lying in Section
76	17.
77
78	The District shall constitute a dependent special district under
79	the laws of the state.
80	Section 32. Disposition of real property.--
81	(1) The Board of Directors is authorized to sell, lease,
82	or otherwise convey or dispose of any lands or any interests or
83	rights in lands to which the District has title, or to which it
84	may hereafter acquire title, whenever the Board of Directors
85	determines it is in the best interest of the District to do so
86	at the best price and terms obtainable, for such terms and
87	conditions as the Board of Directors may in its discretion
88	determine. The power to sell, lease, or otherwise convey granted
89	herein specifically includes the power by the District to enter
90	into public or private partnerships regarding District lands
91	upon such terms and conditions as the Board of Directors may in
92	its discretion determine. However, any conveyance or agreement
93	must be for a public purpose.
94	(a) All sales of land, interests or rights in land, or the
95	lease of any interests in land shall be for cash or upon terms
96	and security to be approved by the Board of Directors. No deed
97	shall be executed and delivered for any sale until full payment
98	is made and received by the District.
99	(b) Before selling or leasing any land or any interest or
100	rights in and to any land, it shall be the duty of the District
101	to cause a notice of intention to sell or lease to be published
102	in a newspaper of general circulation published in Brevard
103	County no less than once each week for 2 successive weeks. The
104	first publication shall be not less than 15 days nor more than
105	30 days prior to the meeting at which the proposed sale or lease
106	will be considered. The notice shall set forth a description of
107	the lands or interests or rights in lands offered for sale or
108	lease.
109	(c) Deeds of conveyance of lands, the titles to which are
110	held by the District or in the name of its Board of Directors,
111	shall be by special warranty deed.
112	(d) All deeds of conveyance or leases held by the District
113	or by its Board of Directors shall convey or lease only the
114	interest of the District or its Board of Directors in the
115	property covered thereby.
116	(2) The Board of Directors may exchange lands or interests
117	or rights in lands owned by the District, or lands or interests
118	or rights in lands for which title is otherwise vested in the
119	District, for other lands or interests or rights in lands within
120	the state owned by any person. The Board of Directors shall fix
121	the terms and conditions of any such exchange and may pay or
122	receive any sum of money that the Board of Directors considers
123	necessary to equalize the values of exchanged properties. Before
124	any exchange of property is effected, notice of the meeting at
125	which said exchange is considered shall be published in a
126	newspaper of general circulation published in Brevard County
127	prior to the adoption by the Board of Directors of a resolution
128	authorizing the exchange of properties. Notice shall be
129	published at least once not less than 7 days nor more than 14
130	days prior to the meeting at which the resolution will be
131	considered.
132	(3) In the event that the District seeks to purchase
133	property, it may utilize the procedures set forth in section
134	166.045, Florida Statutes, and any amendments thereto.
135	Section 2. This act shall take effect upon becoming a law.