1 | A bill to be entitled |
2 | An act relating to the North Lauderdale Water Control |
3 | District, Broward County; amending, reenacting, repealing, |
4 | and codifying chapters 97-370, 94-428, 85-385, 82-273, and |
5 | 63-661, Laws of Florida, relating to the North Lauderdale |
6 | Water Control District; revising district boundaries; |
7 | revising the powers of the district, to provide that the |
8 | district may borrow money at a rate not exceeding that |
9 | which is provided by law; providing that the members of the |
10 | board of supervisors shall be the "city commission," rather |
11 | than the "city council," of the City of North Lauderdale |
12 | and that a board chair and vice chair shall be elected at |
13 | each annual meeting and as necessary to fill vacancies; |
14 | providing meeting notice requirements and requiring that |
15 | meetings be held at a public place; providing that the City |
16 | Clerk of the City of North Lauderdale shall serve as the |
17 | district secretary; providing for reimbursement of |
18 | supervisors for travel expenses pursuant to section |
19 | 112.061, Florida Statutes; providing that the interest rate |
20 | on bonds issued by the board not exceed the maximum rate |
21 | allowed by law; providing that the interest rates on tax |
22 | anticipation notes issued by the board shall not exceed the |
23 | maximum rate allowed by law; deleting provision relating to |
24 | payment of taxes not authorized in advance; providing for |
25 | the use of non-ad valorem assessments; updating references |
26 | to chapter 298, Florida Statutes; providing for |
27 | severability; and providing an effective date. |
28 |
|
29 | Be It Enacted by the Legislature of the State of Florida: |
30 |
|
31 | Section 1. Pursuant to section 189.429, Florida Statutes, |
32 | this act constitutes a codification of all special acts relating |
33 | to the dependent special district known as the North Lauderdale |
34 | Water Control District. It is the intent of the Legislature in |
35 | enacting this law to provide a single, comprehensive special act |
36 | charter for the district, including all current legislative |
37 | authority granted to the district by its several legislative |
38 | enactments and any additional authority granted by this act. |
39 | Section 2. Chapters 63-661, 82-273, 85-385, 94-428, and 97- |
40 | 370, Laws of Florida, are codified, reenacted, amended, and |
41 | repealed as herein provided. |
42 | Section 3. The North Lauderdale Water Control District is |
43 | re-created and reenacted to read: |
44 | Section 1. District created and boundaries thereof.--That |
45 | for the purpose of reclaiming, draining, and conserving the lands |
46 | hereinafter described, and protecting said lands from the effects |
47 | of water by means of the construction and maintenance of canals, |
48 | ditches, levies, dikes, pumping plants, and other drainage works |
49 | and improvements, and for the purpose of making the lands within |
50 | said district available and habitable for settlement and |
51 | agriculture and for the public convenience, welfare, utility, and |
52 | benefit, and for the other purposes stated in this act, a drainage |
53 | district is hereby established in Broward County, to be known as |
54 | the "North Lauderdale Water Control District," a drainage |
55 | district, the territorial boundaries of which are to-wit: |
56 |
|
57 | The City of North Lauderdale, being a portion of |
58 | Sections 1,2,3,10,11 and 12, of Township 49 South, |
59 | Range 41 East, of Section 34, of Township 48 South |
60 | Range 41 East, and a portion of Section 6 and 7 of |
61 | Township 49 South, Range 41 East. All in Broward |
62 | County, Florida, being more particularly described as |
63 | follows: |
64 | BEGIN at the Southwest corner of Section 35; |
65 | Township 48 South, Range 41 East; |
66 | THENCE N 89( 50?31? E along the South line of |
67 | Section 35, Township 48 South, same being the North |
68 | line of Section 2, Township 49 South, Range 41 East, |
69 | distance of 4233.31 feet to the Northeast corner of |
70 | said Section 1, Township 49 South, Range 41 East; |
71 | THENCE S 01( 40?11? E along the East line of said |
72 | Section 1 a distance of 2268.50 feet to the South line |
73 | of a 80? canal right-of-way as shown on KIMBERLY |
74 | FOREST, according to the plat thereof, as recorded in |
75 | Plat Book 68, Page 31 of the Public Records of Broward |
76 | County, Florida; |
77 | THENCE N 89( 39?55? E along said South right-of- |
78 | way line a distance of 2586.31 feet to the East right- |
79 | of-way line of Southwest 64th Terrace, a 60.00 foot |
80 | right-of-way as shown on KIMBERLY VILLAGE- Section 3, |
81 | according to the plat thereof, as recorded in Plat |
82 | Book of, Page 13 of the Public Records of Broward |
83 | County, Florida; |
84 | THENCE S 01( 40?52? E along said East right-of-way |
85 | line a distance of 657.68 feet to the Northwest corner |
86 | of Lot 14, Block 17, of KIMBERLY VILLAGE- Section Two |
87 | according to the plat thereof as recorded in Plat Book |
88 | 66, Page 6 of the Public Records of Broward County, |
89 | Florida; |
90 | THENCE N 89( 37?08? East along the North line of |
91 | said KIMBERLY VILLAGE-Section Two and along the North |
92 | line of KIMBERLY VILLAGE-Section 1 according to the |
93 | Plat thereof, as recorded in Plat Book 65, Page 16 of |
94 | the Public Records of Broward County, Florida and the |
95 | Easterly prolongation thereof of 2562.16 feet to a |
96 | point on the right-of-way line of State Road Number 7, |
97 | a 100.00 foot (1/2) right-of-way as shown on KELLY |
98 | PLAT, according to the plat thereof as recorded in |
99 | Plat Book 136, Page 39 of the Public Records of |
100 | Broward County, Florida; |
101 | THENCE N 90(00?00? E a distance of 7.61feet; |
102 | THENCE S 06(30?04? W a distance of 12.46 feet; |
103 | THENCE S 01(43?32? E along said West right-of-way |
104 | line a distance of 351.72 feet; |
105 | THENCE N 88(16?28? E a distance of 180.28 feet to |
106 | a point on the West right-of-way line of State Road |
107 | Number 7, a 80 foot more or less (1/2) right-of-way as |
108 | shown on SERINO PARK, Section 3, according to the Plat |
109 | thereof, as recorded in Plat Book 81, Page 46 of the |
110 | Public Records of Broward County, Florida; |
111 | THENCE S 01(36?29? E along said right-of-way line |
112 | a distance of 1524.08 feet to the South right-of-way |
113 | line of S.W. 11th Street a 50.00 right-of-way as shown |
114 | on HERITAGE PINES, according to the plat thereof, as |
115 | recorded in Plat Book 99, Page 10 of the Public |
116 | Records of Broward County, Florida; |
117 | THENCE N 89(22?00? E along said South right-of-way |
118 | line a distance of 335.91 feet; |
119 | THENCE S 01(42?30? E a distance of 712.89 feet to |
120 | a point on the South line of OAKLAND HILLS 7th Section, |
121 | according to the plat thereof as recorded in Plat Book |
122 | 81, Page 30 of the Public Records of Broward County, |
123 | Florida, said point also being the North right-of-way |
124 | line of an unnamed 20 right-of-way being a part of THE |
125 | PALM BEACH FARMS COUNTY PLAT NO. 3 according to the |
126 | plat thereof, as recorded in Plat Book 2, Pages 45-54 |
127 | of the Public Records of Palm Beach County, Florida. |
128 | THENCE N 89(21?59? E along the South line of said |
129 | OAKLAND HILLS 7th Section and the North line of said |
130 | unnamed right-of-way a distance of 1107.78 feet to the |
131 | West line of said OAKLAND HILLS 7th Section; |
132 | THENCE N 01(11?43? E along said West line a distance of |
133 | 713.33 feet to the previously described South right- |
134 | of-way line of S.W. 11th Street; |
135 | THENCE N 89(21?59? E along said South right-of-way |
136 | line a distance of 1219.85 feet to a point on the West |
137 | right-of-way line of a 25.00 un-named right-of-way as |
138 | shown on said PALM BEACH FARMS COUNTY, Plat No. 3 |
139 | THENCE S 00(56?19? E along said right-of-way line and |
140 | along the East line of Parcel B OUR LADY QUEEN OF |
141 | HEAVEN CEMETERY PLAT according to the Plat thereof, as |
142 | recorded in Plat Book 152, Page 21 of the Public |
143 | Records of Broward County, Florida a distance of |
144 | 1539.82 feet to a point on the Westerly right-of-way |
145 | line of the SUNSHINE STATE PARKWAY as shown on said |
146 | OUR LADY QUEEN OF HEAVEN CEMETERY PLAT; |
147 | THENCE S 04(20?47? E a distance of 495.04 feet to |
148 | a point on the East right-of-way line of said SUNSHINE |
149 | STREET said point being the Northeast corner of |
150 | MARINERS COVE, according to the Plat thereof, as |
151 | recorded in Plat Book 147, Page 44 of the Public |
152 | records of Broward County, Florida; |
153 | THENCE S 00(56?05? E along the East line of said |
154 | MARINERS COVE. a distance of 2276.59 feet to the |
155 | Southeast corner of said MARINERS COVE; |
156 | THENCE N 88(58?55? W along the South, line of said |
157 | MARINERS COVE a distance of 1349.57 feet to the |
158 | Northerly right-of-way line of Northwest 62nd Street, |
159 | as shown on said MARINERS COVE; |
160 | THENCE S 89(45?09? W a distance of 307.79 feet to |
161 | a point on the Southerly right-of-way line of |
162 | THENCE S 89(30?45? W a distance of 79.68 feet to a |
163 | point on the Easterly right-of-way line of said |
164 | SUNSHINE STATE PARKWAY, as shown on said MARINERS |
165 | COVE; |
166 | THENCE S 89(18?13? W a distance of 382.37 feet to |
167 | a point on the Westerly right-of-way line of the said |
168 | point also being the Northeast corner of The Cummings |
169 | Plat No. 1 according to the Plat thereof, as recorded |
170 | in Plat Book 126, Page 35 of the Public Records of |
171 | Broward County, Florida; |
172 | THENCE S 36(59?06? W along the Easterly line of |
173 | said THE CUMMINGS PLAT NO. 1, and along said Westerly |
174 | right-of-way line a distance of 956.81 feet to a point |
175 | on the Easterly right-of-way line of State Road 7 as |
176 | shown on said THE CUMMINGS PLAT NO. 1, and projected |
177 | Southerly; |
178 | THENCE S 89(33?52? W a distance of 117.29 feet to |
179 | a point on the West right-of-way line of State Road 7, |
180 | as shown on Bailey Road Plaza according to the Plat |
181 | thereof, as recorded in Plat Book 86, Page 1 of the |
182 | Public Records of Broward County, Florida and |
183 | projected Northerly; |
184 | THENCE N 01(41?42? W along said Westerly right-of- |
185 | way line a distance of 2152.83 feet to a point on the |
186 | Southerly right-of-way line of McNab Road being on the |
187 | arc of a non-tangent curve concave to the Southwest, a |
188 | radial line of said curve through said point having a |
189 | bearing of N 57(05?20? E, |
190 | THENCE Northwesterly and Westerly along the arc |
191 | of said curve to the left, having a central angle of |
192 | 47(07?44? and a radius of 975.00 feet for an arc |
193 | distance of 801.99 feet to a point on a non-tangent |
194 | line, said line being 35.00 feet South of and parallel |
195 | to the North Line of Section 12, Township 49, South,, |
196 | Range 41 East; |
197 | THENCE S 89(23?29? W along said parallel line and |
198 | continuing along the South right-of-way line of McNab |
199 | Road (Southwest 15th Street) PER BROADVIEW COUNTRY CLUB |
200 | ESTATES, according to the Plat thereof, as recorded in |
201 | Plat Book 44, Page 31 of the Public Records of Broward |
202 | County, Florida a distance of 1805.38 feet; |
203 | THENCE S 89(42?10? W, continue along said right- |
204 | of-way line, a distance of 2405.94 feet; |
205 | THENCE S 01(31?23? E a distance of 2588.98 feet to |
206 | a point on the South line of the North one-half (N1/2) |
207 | of Section 12, Township 49 South, Range 41 East, said |
208 | line also being the centerline of Bailey Road a 50.00 |
209 | foot (1/2) right-of-way, as shown on SPRINGBANK PARK, |
210 | according to the Plat thereof, as recorded in Plat |
211 | Book 63, Page 47 of the Public Records of Broward |
212 | County, Florida. |
213 | THENCE S 89(31?43? W along said centerline a |
214 | distance of 188.48 feet to the East one-quarter (E1/4) |
215 | corner of Section 11, Township 49 South, Range 41 |
216 | East; |
217 | THENCE S 01(23?15? E a distance of 50.11 feet to a |
218 | point on the Southerly right-of-way line of Bailey |
219 | Road; |
220 | THENCE S 89(31?14? W along said Southerly right- |
221 | of-way line a distance of 3954.25 feet to a point on |
222 | the centerline of Northwest 61st Avenue, 60.00 un-named |
223 | right-of-way as shown on BANYAN LAKES according to the |
224 | Plat thereof, as recorded in Plat Book 102, Page 18 of |
225 | the Public records of Broward County, Florida; |
226 | THENCE N 01(12?41? W along said centerline a |
227 | distance of 49.96 feet to the previously described |
228 | centerline of Bailey Road. |
229 | THENCE S 89(30?59? W along said centerline a |
230 | distance of 1318.70 feet to the West line of said |
231 | Section 11; |
232 | THENCE S 01(27?35? E along said Section line, a |
233 | distance of 1323.04 feet to the Northeast corner of |
234 | The MAINLANDS OF TAMARAC LAKES EIGHTH SECTION |
235 | according to the Plat thereof, as recorded in Plat |
236 | Book 67, Page 35 of the Public Records of Broward |
237 | County, Florida; |
238 | THENCE S 89(31?30? W along the North line of said |
239 | MAINLANDS OF TAMARAC SECTION EIGHT, a distance of |
240 | 1320.00 feet to the Southeast corner of The MAINLANDS |
241 | OF TAMARAC LAKES TENTH SECTION, according to the Plat |
242 | thereof. As recorded in Plat Book 68, Page 36 of the |
243 | Public Records of Broward County, Florida; |
244 | THENCE N 01(27?23? W along the East line of said |
245 | MAINLANDS OF TAMARAC LAKES TENTH SECTION, a distance |
246 | of 1320.00 feet to the Northeast corner of said plat; |
247 | THENCE S 89(31?30? W along the North line of said |
248 | MAINLANDS OF TAMARAC LAKES TENTH SECTION, a distance |
249 | of 1320.00 feet to the Southeast corner of The |
250 | Mainlands of Tamarac Lakes Unit Fifteen according to |
251 | the plat thereof, as recorded in Plat Book 71, Page 3 |
252 | of the Public Records of Broward County, Florida; |
253 | THENCE N 01(27?23? W along the East line of said |
254 | MAINLANDS OF TAMARAC LAKES UNIT FIFTEEN a distance of |
255 | 2642.99 feet to the North line of Section 10 said LINE |
256 | BEING 15.00 feet South of and parallel with the North |
257 | right-of-way line of McNab Road as shown on said Plat; |
258 | THENCE N 89(31?07? E along said North line a |
259 | distance of 1320.00 feet to the East line of McNab |
260 | Commercial Subdivision No. 1 plat (71-13); |
261 | THENCE N 01(40?37? W along said east line a |
262 | distance of 7231.05 feet to the South line of Section |
263 | 34; |
264 | THENCE S 89(52?23? E along said South line a |
265 | distance of 158.14 feet; |
266 | THENCE N 01(15?23? W a distance of 535.22 feet to |
267 | the Southerly right-of-way line of the South Florida |
268 | Water Management District Canal C-14 (Pompano Canal) |
269 | per North Lauderdale Village Section Five plat (109- |
270 | 25); |
271 | THENCE N 88(59?53? E along said Southerly right- |
272 | of-way line a distance of 2257.64 feet to the East |
273 | line of Section 34; |
274 | THENCE S 01( 08?20? E a distance of 574.37 feet to |
275 | the POINT OF BEGINNING; |
276 | PLUS: |
277 | Portions of Sections 13 and 13, Township 49, |
278 | South, Range 41 East, Broward County, Florida; |
279 | Together with portions of Sections 7 and 18, Township |
280 | 49 South, Range 42 East Broward County, Florida; |
281 | Together with portions of Tracts 4, 8, 9, and 16, |
282 | "FORT LAUDERDALE TRUCK FARMS" according to the Public |
283 | Records of Broward County, Florida; Together with a |
284 | portion of Tract 10, Block 96, "PALM BEACH FARMS CO. |
285 | PLAT NO. 3", Plat Book 2, Page 54, Palm Beach County |
286 | Records; Together with all of the following plats |
287 | recorded in the Public Records of Broward County, |
288 | Florida, "BROADVIEW COUNTRY CLUB ESTATES", Plat Book |
289 | 44, Page 31, "BROADVIEW COUNTRY CLUB ESTATES, 1st |
290 | ADDITION", Plat Book 46, Page 4, "BROADVIEW COUNTRY |
291 | CLUB ESTATES, 2ND ADDITION", Plat Book 47, Page 22, |
292 | ?BROADVIEW COUNTRY CLUB ESTATES, 3RD ADDITION?, Plat |
293 | Book 47, Page 41, "BROADVIEW COUNTRY CLUB ESTATES, 4TH |
294 | ADDITION", Plat Book 48, Page 5, "BROADVIEW COUNTRY |
295 | CLUB ESTATES, 5TH ADDITION", Plat Book 48, Page 25, |
296 | "BROADVIEW COUNTRY CLUB ESTATES, 6TH ADDITION", Plat |
297 | Book 51, Page 49, "BROADVIEW COUNTRY CLUB ESTATES, 7TH |
298 | ADDITION", Plat Book 51, PAGE 50, "POMPANO PARK |
299 | SECTION 1", Plat Book 52, Page 7, "POMPANO PARK |
300 | SECTION 2", Plat Book 54, Page 12, "POMPANO PARK |
301 | SECTION 3", Plat Book 55, Page 20, "BROADVIEW COUNTRY |
302 | CLUB ESTATES, 9TH ADDITION", Plat Book 56, Page 3, |
303 | "BROADVIEW COUNTRY CLUB ESTATES, 11TH ADDITION", Plat |
304 | Book 56, Page 28, "BROADVIEW COUNTRY CLUB ESTATES, |
305 | 12TH ADDITION", Plat Book 57, Page 18, "BROADVIEW |
306 | COUNTRY CLUB ESTATES, 14TH ADDITION", Plat Book 58 |
307 | Page 18, "BROADVIEW COUNTRY CLUB ESTATES, 15TH |
308 | ADDITION", Plat Book 62, Page 35, "PERRY'S ADDITION |
309 | TO BROADVIEW COUNTRY CLUB ESTATES", Plat Book 62, Page |
310 | 43, "SPRINGBANK PARK", Plat Book 63, Page 47, |
311 | "SPRINGBANK PARK, SECTION 2", Plat Book 69, Page 23, |
312 | "SOUTHERN FEDERAL AT TAMARAC?, Plat Book 82, Page 36, |
313 | "SLOATE & ZITO CENTER", Plat Book 83, Page 13, |
314 | ?BUNTROCK PLAT", Plat Book 84, Page 30, "BAILEY ROAD |
315 | PLAZA", Plat Book 86, Page 1, "STAPLES COMMERCIAL |
316 | PLAT", Plat Book 93, Page 2, "CONTINENTAL PLAZA", Plat |
317 | Book 96, Page 14, "ZACKOWITZ PLAT", Plat Book 100, |
318 | Page 38, ?DARGEL-MINNET PLAT?, Plat Book 104, Page 16, |
319 | "GUARDIAN PLAT", Plat Book 111, Page 50, "TAMARAC MINI |
320 | STORAGE PLAT No. 1" PLAT BOOK 112, Page 2, "WELLENS |
321 | COMMERCIAL", Plat Book 115, Page 44, "PLAZA SEVEN |
322 | SUBDIVISION", Plat Book 117, PAGE 24, "THE POINT", |
323 | Plat Book 119, Page 28, "K.M.R. PLAT", Plat Book 127, |
324 | Page 4, "ANDY PLAT", Plat Book 127, Page 16, "CENTRUM- |
325 | ROBAINA PLAT", Plat Book 127, Page 27, "HIDDEN LAKE |
326 | ESTATES", Plat Book 144, Page 46, and the "WILEY |
327 | PLAT", Plat Book 168, Page 29, said portions being |
328 | more particularly described as follows: |
329 | Beginning at the intersection of a line lying |
330 | 170.00 feet East of the West line of said Section 12, |
331 | and the North line of said Section 12; said line also |
332 | being the municipal limits of North Lauderdale per |
333 | Chapter 83-475, House Bill No. 926, Laws of Florida; |
334 | THENCE along said North line and said Municipal Limits |
335 | line, South 88?55'02" East, 5,098.96 feet to an |
336 | intersection with a point on a line lying 15 feet West |
337 | of and parallel with the East Line of the Northeast |
338 | Quarter (N.E. 1/4) of said Section 12; |
339 | THENCE along said parallel line, and said |
340 | Municipal Limits line South 00?00'00" East, 2,644.43 |
341 | feet; |
342 | THENCE South 00?00'03" East 98.89 feet to a point |
343 | on the Westerly right of way of Florida's Turnpike; |
344 | THENCE North 37?42'49" East along said Westerly |
345 | right of way and said Municipal Limits line to the |
346 | Northerly prolongation of the West line of Tract 7, |
347 | Block 96 of said PALM BEACH FARMS CO. Plat No. 3; |
348 | THENCE South 00?01?14? East along the said |
349 | Northerly prolongation and along the East right of way |
350 | line of State Road 7 said line also being the |
351 | Municipal Limits of Fort Lauderdale as per Chapter 69- |
352 | 1057 House Bill 2628 of the Laws of Florida and City |
353 | of Ft. Lauderdale Ordinance No. C-00-71 to the North |
354 | right-of-way line of Prospect Road, as shown on the |
355 | State of Florida Department of Transportation right- |
356 | of-way map Section 86100-2501 Sheet 7 (Latest Date |
357 | 4/17/95); |
358 | THENCE easterly along said North right-of-way |
359 | line, to a POINT OF INTERSECTION with a line lying |
360 | 249.00 feet East of and parallel with the East right- |
361 | of-way line of said State Road 7; |
362 | THENCE Southerly along said line to an |
363 | intersection with the south line of the aforesaid |
364 | Tract 10; |
365 | THENCE along said South line, 987.82 feet to an |
366 | intersection with the Northerly Extension of the |
367 | Westerly line of "LINPRO LONESTAR PARK", according to |
368 | the plat thereof as recorded in Plat Book 124, Page |
369 | 12, of the Public Records of Broward County, Florida; |
370 | THENCE South 00?07'30" East, along said Westerly |
371 | line and the Westerly line of "PROSPECT INDUSTRIAL AND |
372 | COMMERCIAL PARK" according to the plat thereof as |
373 | recorded in Plat Book 14, Page 17, of the Public |
374 | Records of Broward County, Florida, said line also |
375 | being the Municipal Limits of Fort Lauderdale per |
376 | Ordinance C-72-22, 2,059.89 feet to the South line of |
377 | said PROSPECT INDUSTRIAL AND COMMERCIAL PARK Plat; |
378 | THENCE easterly along the said South line and |
379 | said Municipal Limits line, South 88?20'25" East, |
380 | 1,323.66 feet to an intersection with the West Line of |
381 | the East Half (E. 1/2) of said Section 18; |
382 | THENCE Southerly along said West line, and said |
383 | Municipal Limits line, South 00?11'46" East, 1,120.59 |
384 | feet to an intersection with the North right-of-way |
385 | line of Commercial Boulevard (N.W. 50th Street); |
386 | THENCE along said North right of way line, said |
387 | line also being the Municipal Limits of Tamarac per |
388 | Ordinance 0-81-17, said line also being the south |
389 | lines of said ?GUARDIAN PLAT?, said ?KMR PLAT? and |
390 | said ?THE POINT PLAT?, to a line 861.25 feet West of |
391 | the East Boundary of the Southwest Quarter (S.W. 1/4) |
392 | of said Section 18; |
393 | THENCE along said Municipal Limits line the |
394 | following Two (2) Courses; (1) THENCE North |
395 | 00?29?16? West along said line said line also being |
396 | the East line "TAMARAC BUSINESS CENTER? according to |
397 | the plat thereof, as recorded in Plat Book 61, Page 27 |
398 | of the Public Records of Broward county, Florida |
399 | 446.72 feet (2) THENCE along the North line of said |
400 | Plat, North 88?29'17" West, 462.40 feet to an |
401 | intersection with the Southerly Extension of the |
402 | Westerly line of said "TAMARAC MINI STORAGE PLAT NO. |
403 | 1"; |
404 | THENCE along the Municipal Limits of Fort |
405 | Lauderdale per Ordinance C-73-4 the following Three |
406 | (3) Courses, and along said Southerly Extension of |
407 | said Westerly line and the Westerly line of said |
408 | ?TAMARAC MINI STORAGE PLAT NO. 1?, (1) North |
409 | 00?07'30" West, 660.26 feet to the Northeast Corner of |
410 | "LEDER COMMERCIAL SUBDIVISION", according to the Plat |
411 | thereof as recorded in Plat Book 79, Page 25 of the |
412 | Public Records of Broward County, Florida; (2) THENCE |
413 | along the North line of said "LEDER COMMERCIAL |
414 | SUBDIVISION" Plat, North 88?33'38" West, 1,271.42 feet |
415 | to the East right of way line of State Road 7; (3) |
416 | THENCE along said East right of way line, South |
417 | 00?00'30" East, 658.62 feet to the South line of the |
418 | Northwest Quarter (N.W. 1/4) of said Section 18; |
419 | THENCE along the Municipal Limits of Tamarac, per |
420 | Ordinance 0-81-17, the following Nine (9) Courses; |
421 | (1) THENCE North 88?29'17" West 153 feet along said |
422 | South line and the Westerly prolongation thereof to |
423 | the West right of way line of State Road 7; (2) |
424 | THENCE Northerly along said West right of way line to |
425 | an intersection with the South line of the Southeast |
426 | Quarter of Section 12, Township 49 South, Range 41 |
427 | East; (3) THENCE along said South line, North |
428 | 88?57'06" West 1,220 feet, more or less, to the |
429 | intersection with the West line of said Tract 16 and |
430 | the Southerly extension of the West line of said |
431 | "POMPANO PARK" Plat; (4) THENCE along said West |
432 | line, said line also being the East line of Tract 15 |
433 | of said FT. LAUDERDALE TRUCK FARMS Plat, North |
434 | 00?02'53" West, 1,320.05 feet to the Southeast Corner |
435 | of said "POMPANO PARK SECTION 1" PLAT; (5) THENCE |
436 | along the South line of the aforesaid "POMPANO PARK |
437 | SECTION 1" Plat and the South line of said Tract 10, |
438 | North 88?57'12" West, 1,153.35 feet to a POINT OF |
439 | INTERSECTION with the line lying 165.83 feet East of |
440 | the West line of said Tract 10; (6) THENCE Northerly |
441 | along said line 163.73 feet; (7) THENCE Westerly |
442 | along a line 163.73 feet North of the South line of |
443 | said Tract 10, 165.83 feet to a Point on the West line |
444 | of said Tract 10; (8) THENCE along the West line of |
445 | said Tract 10, North 01?03'51" East, 1,155.20 feet to |
446 | an intersection with the South line of the North (N |
447 | 1/2) of said Section 12; (9) THENCE along said South |
448 | line, North 88?56'09" West 2,470.48 feet to a POINT OF |
449 | INTERSECTION with said line lying 170.00 feet East of |
450 | and parallel with the West line of said Section 12; |
451 | THENCE along said parallel line said line also |
452 | being the Municipal Limits of the City of North |
453 | Lauderdale per Chapter 83-475 House Bill 926 Laws of |
454 | Florida, North 00?00'05" East, 2,646.09 feet to the |
455 | POINT OF BEGINNING. Together with all of the "ANDY |
456 | PLAT" Plat Book 127, Page 16 of the Public Records of |
457 | Broward County, Florida, and a portion of Section 18, |
458 | Township 49 south, Range 42 East, more particularly |
459 | described as follows: |
460 | Begin at the Northwest Corner of said "ANDY |
461 | PLAT"; |
462 | THENCE along the North line of said Plat and |
463 | Easterly prolongation thereof, said line also being |
464 | the Municipal Limits of Tamarac per Ordinance 0-81-17, |
465 | South 88?32'02" East, 130.09 feet; |
466 | THENCE South 00?08'24" East along the Municipal |
467 | Limits of Oakland Park per Chapter 79-458 House Bill |
468 | 1498, Laws of Florida, 426.14 feet; |
469 | THENCE along the South line of said "ANDY PLAT" |
470 | and Easterly prolongation thereof, said line also |
471 | being the Municipal Limits of Lauderdale Lakes per |
472 | Chapter 84-463, House Bill 1082, Laws of Florida, |
473 | 130.09 feet; |
474 | THENCE along the West line of said Plat, said |
475 | line also being the Municipal Limits of Lauderdale |
476 | Lakes per Ordinance 87-10, North 00?08'24" West, |
477 | 426.14 feet to the POINT OF BEGINNING. Together with: |
478 | all of the "CONTINENTAL PLAZA", Plat Book 96, Page 14 |
479 | of the Public Records of Broward County, Florida, and |
480 | a portion of Section 18, Township 49 South, Range 42 |
481 | East, more particularly described as follows: |
482 | BEGIN at the Northwest Corner of said CONTINENTAL |
483 | PLAZA; |
484 | THENCE along the North line of said Plat and |
485 | Easterly prolongation thereof, said line also being |
486 | the Municipal Limits of Tamarac per Ordinance 0-81-17, |
487 | South 88?32'02" East, 299.77 feet; |
488 | THENCE along the West line of CARVEL CORPORATION |
489 | PLAT, per Plat Book 123, Page 17, of the Public |
490 | Records of Broward County, Florida, said line also |
491 | being the Municipal Limits of Lauderdale Lakes per |
492 | Ordinance 87-10, South 00?11'09" East, 426.14 Feet; |
493 | THENCE along the south line of said CONTINENTAL |
494 | PLAZA Plat and the Easterly prolongation thereof said |
495 | line also being the Municipal Limits of Lauderdale |
496 | Lakes per Chapter 84-463, House Bill 1082, Laws of |
497 | Florida, North 88?32'02" West, 299.43 feet; |
498 | THENCE along the west line of said Plat, said |
499 | line also being the Municipal Limits of Tamarac per |
500 | Ordinance 0-81-7, North 00?11'09" West, 426.15 feet to |
501 | the POINT OF BEGINNING. |
502 | LESS THEREFROM: that portion of the City of Ft. |
503 | Lauderdale as per Ordinance C-73-4 lying in Section |
504 | 18, Township 49, Range 42 East, Broward County, |
505 | Florida, being more particularly described as follows: |
506 | BEGINNING at the Northwest corner of the South |
507 | half (S 1/2) of the Southeast one (S.E. 1/4) of the |
508 | Northwest One Quarter (N.W. 1/4) of Section 18, |
509 | Township 49 South, Range 42 East; |
510 | THENCE North 00?07?30? West along the Extension |
511 | of the West line of the South half (S 1/2) of the |
512 | Southeast One Quarter (N.W. 1/4), a distance of 15.00 |
513 | feet; |
514 | THENCE North 88?33?38? West, a distance of 10.00 |
515 | feet; |
516 | THENCE South 00?07?30? East, 10.00 feet West of |
517 | and parallel to the said West line of the South half |
518 | (S 1/2) of the Southeast One Quarter (S.E. 1/4) of |
519 | the Northwest One Quarter (N.W. 1/4), a distance of |
520 | 33.33 feet; |
521 | THENCE South 88?33?38? East, a distance of 10.00 |
522 | feet to a point on the West line of said South half (S |
523 | 1/2) of the Southeast One Quarter (S.E. 1/4) of the |
524 | Northwest One Quarter (N.W. 1/4); |
525 | THENCE North 00?07?30? West, along the said West |
526 | line of the South half (S 1/2) of the Southeast One |
527 | Quarter (S.E. 1/4) of the Northwest One Quarter (N.W. |
528 | 1/4), a distance of 18.33 feet to the POINT OF |
529 | BEGINNING. |
530 | Said lands situate and lying in Broward County, |
531 | Florida. |
532 |
|
533 | It is hereby determined, declared, and enacted that said lands in |
534 | their present condition are wet and subject to overflow and that |
535 | the drainage, reclamation, and protection of said lands from the |
536 | effects of water is in the interest of and conducive to the public |
537 | welfare, health, and convenience. |
538 | Section 2. Provisions of chapter 298, Florida Statutes, made |
539 | applicable.--A public corporation and a political subdivision of |
540 | the state is hereby created under the name and style of "North |
541 | Lauderdale Water Control District." The provisions of the general |
542 | drainage laws of Florida applicable to drainage districts which |
543 | are embodied in chapter 298, Florida Statutes, and all the laws |
544 | amendatory thereof, now existing or hereinafter enacted so far as |
545 | not inconsistent with this act, are hereby declared to be |
546 | applicable to said North Lauderdale Water Control District. Said |
547 | North Lauderdale Water Control District shall have all the powers |
548 | and authorities mentioned in or conferred by said chapter 298, |
549 | Florida Statutes, and acts amendatory thereof, except as herein |
550 | otherwise provided. |
551 | Section 3. Powers of the district.--Said district shall have |
552 | the power to sue and be sued by its name in any court of law or in |
553 | equity; to make contracts; to adopt and use a corporate seal and |
554 | to alter the same at pleasure; to acquire by purchase, gift, or |
555 | condemnation, real and personal property, either or both, within |
556 | or without the district, and to convey and dispose of such real |
557 | and personal property as may be necessary and convenient to carry |
558 | out the purposes, or any of the purposes, of this act and chapter |
559 | 298, Florida Statutes; to construct, operate, and maintain canals, |
560 | ditches, drains, levees, dikes, and other works for drainage |
561 | purposes; to acquire, purchase, operate, and maintain pumps, |
562 | plants, and pumping systems for drainage purposes; to construct, |
563 | operate, and maintain irrigation works, machinery, and plants; to |
564 | construct, improve, pave, and maintain roadways and roads |
565 | necessary and convenient for the exercise of the powers or duties |
566 | or any of the powers or duties of said district or the supervisors |
567 | thereof; to pump water into and out of canals, ditches, drains, |
568 | and other works of the district, or onto or from the lands in said |
569 | district, and to regulate and control the flow of water into and |
570 | out of said district; in maintaining and operating canals, drains, |
571 | levees, dikes, dams, locks, reservoirs, pumping stations, and |
572 | water control structures, the board of supervisors and its agents |
573 | and employees shall have the authority to enter at all reasonable |
574 | times upon the lands adjacent to any such drainage works in order |
575 | to transport and use men and women, equipment, machinery, and |
576 | materials necessary to properly maintain, preserve, and operate |
577 | such drainage works and in furtherance of the purposes and intent |
578 | of this act and chapter 298, Florida Statutes, to construct, |
579 | improve, and pave roadways and roads necessary and convenient to |
580 | provide access to, and efficient development of, areas made |
581 | suitable and available for cultivation, settlement, and other |
582 | beneficial use and development as a result of the drainage and |
583 | reclamation operations of the district; to borrow money and issue |
584 | negotiable or other bonds of said district as hereinafter |
585 | provided; to borrow money from time to time, and issue negotiable |
586 | or other notes of said district therefor, bearing interest not |
587 | exceeding the rate prescribed by Florida general or special law, |
588 | in anticipation of the collection of taxes, levies, and |
589 | assessments or revenues of said district and to pledge or |
590 | hypothecate such taxes, levies, assessments, and revenues to |
591 | secure such bonds, notes, or obligations, and to sell, discount, |
592 | negotiate, and dispose of the same; and to exercise all other |
593 | powers necessary, convenient, or proper in connection with any of |
594 | the powers or duties of said district stated in this act or |
595 | chapter 298, Florida Statutes. The powers and duties of said |
596 | district shall be exercised by and through the board of |
597 | supervisors thereof, which board shall have the authority to |
598 | employ engineers, attorneys, agents, employees, and |
599 | representatives as the board of supervisors may from time to time |
600 | determine and to fix their compensation and duties. |
601 | Section 4. Board of supervisors; organization; powers, |
602 | duties, and terms of office.--There is hereby created a Board of |
603 | Supervisors of North Lauderdale Water Control District, which |
604 | shall be the governing body of said district. The members of the |
605 | board of supervisors of said district shall be composed of five |
606 | members, who shall be the five sitting members of the City |
607 | Commission of the City of North Lauderdale. The city commission |
608 | shall continue all of the duties, functions, and responsibilities |
609 | under this act of the supervisors of the district after this act |
610 | becomes law. |
611 | (1) The term of office of each member of the board of |
612 | supervisors shall be coincidental with that member's term of |
613 | office as a member of the city commission. The members shall |
614 | assume full duties as a member of the board of supervisors once he |
615 | or she takes the oath of office as a member of the city |
616 | commission. |
617 | (2) Terms of office for the board of supervisors shall be |
618 | concurrent with the length of time the commission member is in |
619 | office. |
620 | (3) An annual meeting of the board of supervisors shall be |
621 | held during the first week of June and otherwise in accordance |
622 | with this act. At the annual meeting of the board of supervisors |
623 | and as necessary to fill a vacancy, the board shall elect, from |
624 | its members, a chair and a vice chair, who shall serve in said |
625 | positions until the next annual meeting or expiration of his or |
626 | her term, whichever occurs first. |
627 | Section 5. Meetings of board of supervisors.--The board of |
628 | supervisors shall have the power to call special meetings at any |
629 | time to receive reports or consider and act upon any matter. |
630 | Notice of all meetings shall be given by the board of supervisors |
631 | by causing publication thereof to be made once at least 5 days |
632 | prior to such meeting in some newspaper published in Broward |
633 | County or by sending sufficient notice through the mail to each |
634 | landowner. In cases of emergency as determined by a majority of |
635 | the board, this notice requirement may be waived. The meetings |
636 | shall be held in some public place, and the place, day, and hour |
637 | of holding such meeting shall be stated in the notice. The chair |
638 | of the board of supervisors shall preside at such meeting. The |
639 | City Clerk of the City of North Lauderdale shall serve as |
640 | secretary of the board of supervisors and shall serve as the |
641 | secretary at the meeting. The Board of Supervisors of the North |
642 | Lauderdale Water Control District shall meet not less than 4 times |
643 | per year to conduct the business of the district as provided for |
644 | in this act. |
645 | Section 6. Compensation of the board.--Each supervisor shall |
646 | serve without compensation, except that he or she shall be |
647 | reimbursed for their travel expenses pursuant to section 112.061, |
648 | Florida Statutes, as may be amended from time to time, for each |
649 | mile actually traveled in going to and from his or her place of |
650 | residence to the place of meeting. |
651 | Section 7. Taxes and assessments, levied and apportioned, |
652 | and the collection thereof.--Taxes and non-ad valorem assessments |
653 | shall be levied and apportioned as provided for by the general |
654 | drainage and water control laws of Florida, chapter 298, Florida |
655 | Statutes, and amendments thereto, and the general or special laws |
656 | of the state; except that the following provisions shall apply to |
657 | said district: the board of supervisors shall determine, order, |
658 | and levy the amount of the annual taxes or non-ad valorem |
659 | assessments levied under chapter 298, Florida Statutes, which |
660 | shall become due and be collected during each year at the same |
661 | time that county taxes are due and collected, which said annual |
662 | tax, assessment, and levy shall be evidenced to and certified by |
663 | the said board, no later than July 1 of each year, to the Tax |
664 | Assessor of Broward County. Said tax or assessment shall be |
665 | extended by the county tax assessor on the county tax roll and |
666 | shall be collected by the tax collector in the same manner and |
667 | time as county taxes, and the proceeds thereof paid to said |
668 | district. |
669 | Section 8. Maintenance tax.--The provisions of section |
670 | 298.54, Florida Statutes, and amendments thereto shall not be |
671 | applicable to said district. In lieu thereof, the following |
672 | provisions shall apply to said district: to maintain and preserve |
673 | the improvements made pursuant to this chapter and to repair and |
674 | restore the same, when needed, and for the purpose of defraying |
675 | the current expenses of the district, the board of supervisors, |
676 | may, upon completion of said improvements in whole or in part as |
677 | may be certified to the said board by the chief engineer, levy |
678 | annually a tax upon each tract or parcel of land within the |
679 | district, to be known as ?maintenance tax.? Said maintenance tax |
680 | shall be apportioned upon the basis of the net non-ad valorem |
681 | assessments of benefits assessed as accruing for original |
682 | construction, and shall be evidenced to and certified by said |
683 | board not later than July 1 of each year to the Tax Assessor of |
684 | Broward County, and shall be extended by the county tax assessor |
685 | on the county tax roll, and shall be collected by the county tax |
686 | collector in the same manner and time as county taxes and the |
687 | proceeds therefrom paid to the said district. Said tax shall be a |
688 | lien until paid on the property upon which assessed, and |
689 | enforceable in like manner as county taxes. |
690 | Section 9. Levy of taxes and assessments on fractional |
691 | acres.--In levying and assessing all taxes and assessments, each |
692 | tract or parcel of land more than 1 acre in area which contains a |
693 | fraction of an acre shall be assessed at the nearest whole number |
694 | of acres. However, each tract or parcel of land less than 1 acre |
695 | in area shall be assessed as a full acre. |
696 | Section 10. Enforcement of taxes and assessments.--The |
697 | collection and enforcement of all taxes and assessments levied by |
698 | said district shall be at the same time and in like manner as the |
699 | county. The provisions of the Florida Statutes relating to the |
700 | sale of lands for unpaid and delinquent county taxes and |
701 | assessments, the issuance, sale, and delivery of tax certificates |
702 | for such unpaid and delinquent county taxes, the redemption |
703 | thereof, the issuance to individuals of tax deeds based thereon, |
704 | and all other procedures in connection therewith shall be |
705 | applicable to said district and the delinquent and unpaid taxes |
706 | and assessments of said district to the same extent as if said |
707 | statutory provisions were expressly set forth in this act. All |
708 | taxes and assessments shall be subject to the same discounts as |
709 | county taxes. |
710 | Section 11. When unpaid tax or assessment is delinquent; |
711 | penalty.--All taxes provided for in this act shall be and become |
712 | delinquent and bear penalties in the amount of said taxes in the |
713 | same manner as county taxes. Assessments provided for in this act |
714 | and authorized in chapter 298, Florida Statutes, shall be and |
715 | become delinquent and bear penalties and interest at the highest |
716 | rate authorized by Florida general or special law, or as otherwise |
717 | provided in district legislation imposing the assessment. |
718 | Section 12. Bonds may be issued; sale and disposition of |
719 | proceeds; interest; levy to pay bonds; bonds and duties of |
720 | treasurer, etc.?- |
721 | (1) The board of supervisors may, if in their judgment it |
722 | seems best, issue bonds not to exceed 90 percent of the total |
723 | amount of the taxes levied under the provisions of section |
724 | 298.305, Florida Statutes, in denominations of not less than $100, |
725 | bearing interest from the date of issuance at a rate as provided |
726 | by general law, payable annually or semiannually, to mature at |
727 | annual intervals within 40 years commencing after a period of not |
728 | later than 10 years, to be determined by the board of supervisors; |
729 | both principal and interest payable at some convenient place |
730 | designated by the board of supervisors to be named in said bonds; |
731 | and said bonds shall be signed by the chair of the board of |
732 | supervisors, attested with the seal of said district, and by the |
733 | signature of the secretary of said board. All of said bonds shall |
734 | be executed and delivered to the treasurer of said district, who |
735 | shall sell the same in such quantities and at such dates as the |
736 | board of supervisors may deem necessary to meet the payments for |
737 | the works and improvements in the district. Said bonds shall not |
738 | be sold for less than 90 cents on the dollar, with accrued |
739 | interest, shall show on their face the purpose for which they are |
740 | issued, and shall be payable out of moneys derived from the |
741 | aforesaid taxes. A sufficient amount of the drainage tax shall be |
742 | appropriated by the board of supervisors for the purpose of paying |
743 | the principal and interest of said bonds and the same shall, when |
744 | collected, be preserved in a separate fund for that purpose and no |
745 | other. All bonds and coupons not paid at maturity shall bear |
746 | interest at the rate of 6 percent per annum from maturity until |
747 | paid, or until sufficient funds have been deposited at the place |
748 | of payment, and said interest shall be appropriated by the board |
749 | of supervisors out of the penalties and interest collected on |
750 | delinquent taxes or other available funds of the district. |
751 | Provided, however, that it may, in the discretion of said board, |
752 | be provided that at any time, after such date as shall be fixed by |
753 | the said board, said bonds may be redeemed before maturity at the |
754 | option of said board, or their successors in office, by being made |
755 | callable prior to maturity at such times and upon such prices and |
756 | terms and other conditions as said board shall determine. If any |
757 | bond so issued subject to redemption before maturity shall not be |
758 | presented when called for redemption, it shall cease to bear |
759 | interest from and after the date so fixed for redemption. |
760 | (2) The board of supervisors of said district shall have |
761 | authority to issue refunding bonds to take up any outstanding |
762 | bonds and any interest accrued thereon when, in the judgment of |
763 | said board, it shall be for the best interest of said district to |
764 | do so. The said board is hereby authorized and empowered to issue |
765 | refunding bonds to take up and refund all bonds of said district |
766 | outstanding that are subject to call and prior redemption, and all |
767 | interest accrued to the date of such call or prior redemption, and |
768 | all bonds of said district that are not subject to call or |
769 | redemption, together with all accrued interest thereon, where the |
770 | surrender of said bonds can be procured from the holders thereof |
771 | at prices satisfactory to the board or can be exchanged for such |
772 | outstanding bonds with the consent of the holder thereof. Such |
773 | refunding bonds may be issued at any time when, in the judgment of |
774 | said board, it will be to the interest of the district financially |
775 | or economically to secure a lower rate of interest on said bonds |
776 | or by extending the time of maturity of said bonds, or for any |
777 | other reason in the judgment of said board advantageous to said |
778 | district. Such refunding bonds may mature at any time or times in |
779 | the discretion of said board, not later, however, than 40 years |
780 | from the date of issuance of said refunding bonds. Said refunding |
781 | bonds shall bear such dates of issue and such other details as |
782 | said board shall determine and may, in the discretion of said |
783 | board, be made callable prior to maturity at such times and upon |
784 | such prices and terms and other conditions as said board shall |
785 | determine. All the other applicable provisions of this act not |
786 | inconsistent therewith shall apply fully to said refunding bonds |
787 | and the holders thereof shall have all the rights, remedies, and |
788 | security of the outstanding bonds refunded, except as may be |
789 | otherwise provided in the resolution of the board authorizing the |
790 | issuance of such refunding bonds. Any funds available in the |
791 | sinking fund for the payment of the principal and interest of |
792 | outstanding bonds may be retained in the fund to be used for the |
793 | payment of principal and interest of the refunding bonds, in the |
794 | discretion of the board of supervisors. Any expenses incurred in |
795 | buying any or all bonds authorized under the provisions of this |
796 | section and the interest thereon and a reasonable compensation for |
797 | paying same shall be paid out of the funds in the hands of the |
798 | treasurer and collected for the purpose of meeting the expenses of |
799 | administration. It shall be the duty of the said board of |
800 | supervisors in making the annual tax levy as heretofore provided |
801 | to take into account the maturing bonds and interest on all bonds |
802 | and expenses and to make provision in advance for the payment of |
803 | same. |
804 | (3) In case the proceeds of the original tax levy made under |
805 | the provisions of section 298.36, Florida Statutes, are not |
806 | sufficient to pay the principal and interest of all bonds issued, |
807 | then the board of supervisors shall make such additional levy or |
808 | levies upon the benefits assessed as are necessary for this |
809 | purpose, and under no circumstances shall any tax levies be made |
810 | that will in any manner or to any extent impair the security of |
811 | said bonds or the funds available for the payment of the principal |
812 | and interest of same. Said treasurer shall, at the time of the |
813 | receipt by him or her of said bonds, execute and deliver to the |
814 | chair of the board of said district a bond with good and |
815 | sufficient surety to be approved by said board, on the condition |
816 | that he or she shall account for and pay over as required by law |
817 | and as ordered by said board of supervisors, any and all moneys |
818 | received by him or her on the sale of such bonds, or any of them, |
819 | and that he or she will only sell and deliver such bonds to the |
820 | purchaser or purchasers thereof under and according to the terms |
821 | herein prescribed, and that he or she will return to the board of |
822 | supervisors and duly cancel any and all bonds not sold when |
823 | ordered by said board to do so. Said bonds when so returned shall |
824 | remain in the custody of the chair of the board of supervisors, |
825 | who shall produce the same for inspection or for use as evidence |
826 | whenever and wherever legally requested so to do. The said |
827 | treasurer shall promptly report all sales of bonds to the board of |
828 | supervisors. The board shall, at a reasonable time thereafter, |
829 | prepare and issue warrants in substantially the form provided in |
830 | section 298.17, Florida Statutes, for the payment of maturing |
831 | bonds so sold and the interest payments coming due on all bonds |
832 | sold. Each of said warrants shall specify what bonds and accruing |
833 | interest it is to pay, and the treasurer shall place sufficient |
834 | funds at the place of payment to pay the maturing bonds and |
835 | coupons when due, together with necessary compensation for paying |
836 | same. The successor in office of any such treasurer shall not be |
837 | entitled to said bonds or the proceeds thereof until he or she |
838 | shall have complied with all of the foregoing provisions |
839 | applicable to his or her predecessor in office. The aforesaid bond |
840 | of said treasurer, if said board shall so direct, may be furnished |
841 | by a surety or bonding company, which may be approved by said |
842 | board of supervisors; provided, if it should be deemed more |
843 | expedient to said board of supervisors as to money derived from |
844 | the sale of bonds issued, said board may, by resolution, select |
845 | some suitable bank or banks of other depository as temporary |
846 | treasurer or treasurers to hold and disburse said moneys upon the |
847 | order of said board as the work progresses, until such fund is |
848 | exhausted or transferred to the treasurer by order of said board |
849 | of supervisors. The funds derived from the sale of said bonds or |
850 | any of them shall be used for the purpose of paying the cost of |
851 | the drainage works and improvements, and such costs, fees, |
852 | expenses, and salaries as may be authorized by law, and used for |
853 | no other purpose. |
854 | Section 13. Full authority for issue and sale of bonds |
855 | authorized.-- |
856 | (1) This act shall, without reference to any other act of |
857 | the Legislature, be full authority for the issuance and sale of |
858 | bonds authorized in this act, which bonds shall have all the |
859 | qualities of negotiable paper under the law merchant and shall not |
860 | be invalid for any irregularity or defect in the proceedings for |
861 | the issuance and sale thereof and shall be incontestable in the |
862 | hands of bona fide purchasers or holders thereof. No proceedings |
863 | in respect to the issuance of any such bonds shall be necessary, |
864 | except such as are required by this act. The provisions of this |
865 | act shall constitute an irrepealable contract between the said |
866 | board of supervisors and the said North Lauderdale Water Control |
867 | District and the holders of any bonds and the coupons thereof |
868 | issued pursuant to the provisions hereof. Any holder of any of |
869 | said bonds or coupons may, either in law or by equity, suit, |
870 | action, or mandamus, enforce and compel the performance of the |
871 | duties required by this act of any of the officers or persons |
872 | mentioned in this act in relation to the said bonds or to the |
873 | correct enforcement and application of the taxes for the payment |
874 | thereof. |
875 | (2) After the several bonds and coupons are paid and retired |
876 | as herein provided, they shall be returned to the treasurer, and |
877 | they shall be canceled and an appropriate record thereof made in a |
878 | book to be kept for that purpose, which record of paid and |
879 | canceled bonds shall be kept at the office of the treasurer and |
880 | shall be opened for inspection of any bondholder at any time. |
881 | Section 14. Approval of board of drainage commissioners not |
882 | required to issue bonds.--The board of supervisors may issue bonds |
883 | under the provisions of this act without the approval of the Board |
884 | of Drainage Commissioners of the state. |
885 | Section 15. Floating indebtedness.-- |
886 | (1) After the levy of taxes in any years, and before the |
887 | collection thereof, the board of supervisors shall have the power |
888 | to issue tax anticipation notes. Said notes shall bear interest |
889 | at a rate not exceeding the maximum rate allowed by general or |
890 | special law, shall be payable at such times, and may be sold or |
891 | discounted at such price or on such terms as the said board may |
892 | deem advisable, and the board may pledge the whole or any part of |
893 | the tax levy for the payment thereof. |
894 | (2) The board shall also have the right to issue temporary |
895 | obligations or interim certificates after the issuance of any |
896 | bonds authorized under this act but, prior to the sale thereof, |
897 | said temporary obligations and interim certificates shall be paid |
898 | within 2 years from the proceeds of the sale of said bonds. |
899 | (3) Said temporary obligations and interim certificates |
900 | shall have all the rights and privileges of the permanent |
901 | bondholders. |
902 | (4) The tax anticipation notes, temporary obligations, and |
903 | interim certificates shall be termed ?floating indebtedness? in |
904 | order to distinguish the same from the bonded debt as provided for |
905 | herein. |
906 | Section 16. Eminent domain.--The said board of supervisors |
907 | is hereby authorized and empowered to exercise the right of |
908 | eminent domain and may condemn for the use of said district any |
909 | and all lands, easements, rights-of-way, riparian rights, and |
910 | property rights of every description, in or out of said district, |
911 | required for the public purposes and powers of said board as |
912 | herein granted, and may enter upon, take, and use such lands as it |
913 | may deem necessary for such purposes. |
914 | Section 17. Water a common enemy.--It is hereby declared |
915 | that in said district surface waters, which shall include rainfall |
916 | and the overflow of rivers and streams, are a common enemy, and |
917 | the said district and any individual or agency holding a permit to |
918 | do so from said district, shall have the right to dike, dam, and |
919 | construct levies to protect the said district or any part thereof, |
920 | or the property of said individual or agency against the same, and |
921 | thereby divert the course and flow of such surface waters and/or |
922 | pump the water from within such dikes and levees. |
923 | Section 18. Unit development; powers of supervisors to |
924 | designate units of district and adopt system of progressive |
925 | drainage by units; plans of reclamation and financing assessments, |
926 | etc. for each unit.-- |
927 | (1) The Board of Supervisors of North Lauderdale Water |
928 | Control District shall have the power and is hereby authorized in |
929 | its discretion to drain and reclaim or more completely and |
930 | intensively to drain and reclaim the lands in said district by |
931 | designated areas or parts of said district to be called ?units.? |
932 | The units into which said district may be so divided shall be |
933 | given appropriate numbers or names by said board of supervisors, |
934 | so that said units may be readily identified and distinguished. |
935 | The board of supervisors shall have the power to fix and determine |
936 | the location, area, and boundaries of and lands to be included in |
937 | each and all such units, the order of development thereof, and the |
938 | method of carrying on the work in each unit. The unit system of |
939 | drainage provided by this section may be conducted and all of the |
940 | proceedings by this section and this act authorized in respect to |
941 | such unit or units may be carried on and conducted at the same |
942 | time as or after the work of draining and reclaiming of the entire |
943 | district has been or is being or shall be instituted or carried on |
944 | under the provisions of this act. If the board of supervisors |
945 | shall determine that it is advisable to conduct the work of |
946 | draining and reclaiming the lands in said district by units, as |
947 | authorized by this section, said board shall, by resolution duly |
948 | adopted and entered upon its minutes, declare its purpose to |
949 | conduct such work accordingly, and shall at the same time and |
950 | manner fix the number, location, and boundaries of and description |
951 | of lands within such unit or units and give them appropriate |
952 | numbers or names. As soon as practicable after the adoption and |
953 | recording of such resolution, said board of supervisors shall |
954 | publish notice once a week for 2 consecutive weeks in a newspaper |
955 | published in Broward County, or duly notify the landowners by |
956 | registered letter, briefly describing the units into which said |
957 | district has been divided and the lands embraced in each unit, |
958 | giving the name, number, or other designation of such units, |
959 | requiring all owners of lands in said district to show cause in |
960 | writing before said board of supervisors at a time and place to be |
961 | stated in such notice why such division of said district into such |
962 | units should not be approved, and said system of development by |
963 | units should not be adopted and given effect by said board, and |
964 | why the proceedings and powers authorized by this section of this |
965 | act should not be had, taken, and exercised. At the time and |
966 | place stated in said notice, said board of supervisors shall hear |
967 | all objections or causes of objection, all of which shall be in |
968 | writing, of any landowner in said district to the matters |
969 | mentioned and referred to in such notice, and if no objections are |
970 | made, or if objections are made, shall be overruled by said board, |
971 | then said board shall enter in its minutes its findings and order |
972 | confirming said resolution and may thereafter proceed with the |
973 | development, drainage, and reclamation of said district by units |
974 | pursuant to such resolution and to the provisions of this act. |
975 | If, however, said board of supervisors shall find as a result of |
976 | such objections, or any of them or the hearing thereon, that the |
977 | division of said district into such units as aforesaid should not |
978 | be approved, or that said system of development by units should |
979 | not be adopted and given effect, or that the proceedings and |
980 | powers authorized by this section should not be had, taken, or |
981 | exercised, or that any other matter or thing embraced in said |
982 | resolution would not be in the best interest of the landowners of |
983 | said district or would be unjust or unfair to any landowner |
984 | therein or otherwise inconsistent with fair and equal protection |
985 | and enforcement of the rights of every landowner in said district, |
986 | then said board of supervisors shall not proceed further under |
987 | such resolution, but said board of supervisors may, as a result of |
988 | such hearing, modify or amend said resolution so as to meet such |
989 | objections so made, and thereupon said board may confirm said |
990 | resolution as so modified or amended and may thereafter proceed |
991 | accordingly. The sustaining of such objections and the rescinding |
992 | of such resolutions shall not exhaust the power of said board |
993 | under this section but, at any time not less than 1 year after the |
994 | date of the hearing upon any such resolution, the board of |
995 | supervisors may adopt other resolutions under this section and |
996 | thereupon proceed on due notice in like manner as above. If said |
997 | board of supervisors shall overrule or refuse to sustain any such |
998 | objections in whole or in part made by a landowner in the |
999 | district, or if any such landowner shall deem himself or herself |
1000 | aggrieved by any action of the board of supervisors in respect to |
1001 | any objections so filed, such landowner may, within 10 days after |
1002 | the ruling of said board, file his or her bill of complaint in the |
1003 | Circuit Court in and for Broward County, against said district, |
1004 | praying an injunction or other appropriate relief against the |
1005 | action or any part of such action proposed by such resolution or |
1006 | resolutions of said board and, such suits shall be conducted like |
1007 | other suits, except that said suits shall have preference over all |
1008 | other pending actions except criminal actions and writs of habeas |
1009 | corpus. Upon the hearing of said cause said circuit court shall |
1010 | have the power to hear the objections and receive the evidence |
1011 | thereon of all parties to such cause and approve or disapprove |
1012 | said resolutions and action of said board in whole or in part, and |
1013 | to render such decree in such cause as right and justice require. |
1014 | When said resolutions creating said unit system shall be |
1015 | confirmed by the board of supervisors or by the Circuit Court in |
1016 | and for Broward County if such proposed action shall be challenged |
1017 | by a landowner by the judicial proceedings hereinabove authorized, |
1018 | said board of supervisors may adopt a plan or plans of reclamation |
1019 | for and in respect to any or all such units and have the benefits |
1020 | and the damages resulting therefrom assessed and apportioned by |
1021 | commissioners appointed by the circuit court, and have the report |
1022 | of the said commissioners considered and confirmed, all in like |
1023 | manner as is provided by law in regard to plans of reclamation for |
1024 | and assessments for benefits and damages of, the entire district. |
1025 | With respect to plan of reclamation, notices, appointment of |
1026 | commissioners to assess benefits and damages, report of |
1027 | commissioners, and notice and confirmation thereof, the levy of |
1028 | assessments and taxes, including maintenance taxes, and the |
1029 | issuance of bonds and all other proceedings as to each and all of |
1030 | such units, said board shall follow and comply with the same |
1031 | procedure as is provided by law with respect to the entire |
1032 | district, and said board of supervisors shall have the same powers |
1033 | in respect to each and all of such units as is vested in them with |
1034 | respect to the entire district. All the provisions of this act |
1035 | shall apply to the drainage, reclamation, and improvement of each, |
1036 | any, and all of such units, and the enumeration of or reference to |
1037 | specific powers or duties of the supervisors of any other officers |
1038 | or other matters in this act as hereinabove set forth, shall not |
1039 | limit or restrict the application of any and all of the |
1040 | proceedings and powers herein to the drainage and reclamation of |
1041 | such units as fully and completely as if such unit or units were |
1042 | specifically and expressly named in every section and clause of |
1043 | this act where the entire district is mentioned or referred to. |
1044 | All assessments, levies, taxes, bonds, and other obligations made, |
1045 | levied, assessed, or issued for or in respect to any such unit or |
1046 | units shall be a lien and charge solely and only upon the lands in |
1047 | such units, respectively, for the benefit of which the same shall |
1048 | be levied, made, or issued, and not upon the remaining units or |
1049 | lands in said district. The board of supervisors may at any time |
1050 | amend its said resolutions by changing the location and |
1051 | description of lands in any such unit or units; and provided, |
1052 | further, that if the location of or description of lands located |
1053 | in any such unit or units is so changed, notice of such change |
1054 | shall be published as hereinabove required in this section for |
1055 | notice of the formation or organization of such unit or units, and |
1056 | all proceedings shall be had and done in that regard as are |
1057 | provided in this section for the original creation of such unit or |
1058 | units, provided, however, that no lands against which benefits |
1059 | shall have been assessed may be detached from any such unit after |
1060 | the confirmation of the commissioners? report of benefits in such |
1061 | unit or units or the issuance of bonds or other obligations which |
1062 | are payable from taxes or assessments for benefits levied upon the |
1063 | lands within such unit or units. |
1064 | (2) Provided, however, that if, after the confirmation of |
1065 | the commissioners? report of benefits in such unit or units, or |
1066 | the issuance of bonds or other obligations which are payable from |
1067 | taxes or assessments for benefits levied upon lands within such |
1068 | unit or units, the board of supervisors finds the plan of |
1069 | reclamation for any such unit or units insufficient or inadequate |
1070 | for efficient development, the plan of reclamation may be amended |
1071 | or changed as provided in chapter 298, Florida Statutes, and the |
1072 | unit or units may be amended or changed as provided in this |
1073 | section, by changing the location and description of lands in any |
1074 | such unit or units, by detaching lands therefrom or by adding land |
1075 | thereto, upon the approval of at least 51 percent of the |
1076 | landowners according to acreage, in any such unit and 75 percent |
1077 | of the holders of bonds issued in respect to any such unit, and |
1078 | provided that in such event all assessments, levies, taxes, bonds, |
1079 | and other obligations made, levied, assessed, incurred, or issued |
1080 | for or in respect to any such unit or units may be allocated and |
1081 | apportioned to the amended unit or units in proportion to the |
1082 | benefits assessed by the commissioners? report for the amended |
1083 | plan of reclamation and said report shall specifically provide for |
1084 | such allocation and apportionment. The landowners and all |
1085 | bondholders shall file their approval of or objections to such |
1086 | amended plan of reclamation in accordance with section 298.301, |
1087 | Florida Statutes, and shall file their approval of or objections |
1088 | to the amendment of such unit as provided in this section. |
1089 | (3) No lands shall be detached from any unit after the |
1090 | issuance of bonds or other obligations for such unit except upon |
1091 | the consent of 75 percent of all the holders of such bonds or |
1092 | other obligations. In the event of the change of the boundaries |
1093 | of any unit as provided herein and the allocation and |
1094 | apportionment to the amended unit or units of assessments, levies, |
1095 | taxes, bonds, and other obligations in proportion to the benefits |
1096 | assessed by the commissioners? report for the amended plan of |
1097 | reclamation, the holder of bonds or other obligations heretofore |
1098 | issued for the original unit who consents to such allocations and |
1099 | apportionment shall be entitled to all rights and remedies against |
1100 | any lands added to the amended unit or units as fully and to the |
1101 | same extent as if such added lands had formed and constituted a |
1102 | part of the original unit or units at the time of the original |
1103 | issuance of such bonds or other obligations, regardless of whether |
1104 | the holder of such bonds or other obligations is the original |
1105 | holder thereof or the holder from time to time hereafter, and the |
1106 | rights and remedies of such holder against the lands in the |
1107 | amended unit or units, including any lands added thereto, under |
1108 | such allocation and apportionment, shall constitute vested and |
1109 | irrevocable rights and remedies to the holder from time to time of |
1110 | such bonds or other obligations as fully and to the same extent as |
1111 | if such bonds or other obligations had been originally issued to |
1112 | finance the improvements in such amended unit or units under such |
1113 | amended plan of reclamation. |
1114 | Section 19. Severability.--In case any one or more of the |
1115 | sections or provisions of this act or the application of such |
1116 | sections or provisions to any situation, circumstances, or person |
1117 | shall for any reason be held to be unconstitutional, such |
1118 | unconstitutionality shall not affect any other sections or |
1119 | provisions of this act or the application of such sections or |
1120 | provisions to any other situation, circumstances, or person, and |
1121 | it is intended that this law shall be construed and applied as if |
1122 | such section or provision had not been included herein for any |
1123 | unconstitutional application. |
1124 | Section 20. Notice of intention.--It is found and determined |
1125 | that notice of intention to apply for this legislation was given |
1126 | in the time, form, and manner required by the Florida Constitution |
1127 | and by law. Said notice is found to be sufficient and is hereby |
1128 | validated and approved. |
1129 | Section 4. This act shall take effect upon becoming a law. |