1 | A bill to be entitled |
2 | An act relating to the West Villages Improvement |
3 | District, City of North Port, Sarasota County; |
4 | providing a short title; providing a district charter; |
5 | creating an independent special district; providing a |
6 | district boundary; providing for amendment only by |
7 | special act; providing powers, functions, and duties; |
8 | providing for a governing board, elections, |
9 | qualifications, terms of office, staggering terms of |
10 | office, removal from office, and filling vacancies; |
11 | providing for election of a chair, vice chair, and |
12 | secretary-treasurer; providing a quorum; providing |
13 | requirements for meetings and notice; providing |
14 | requirements for reports, budgets, and audits; |
15 | providing for liberal construction; authorizing the |
16 | levy of non-ad valorem assessments; specifying method |
17 | of collection and enforcement of non-ad valorem |
18 | assessments; authorizing property appraiser's and tax |
19 | collector's fees or commissions; providing for |
20 | collection and enforcement of fees, costs, and |
21 | expenses; providing for issuance of revenue bonds, |
22 | assessment bonds, bond anticipation notes, and general |
23 | obligation bonds; providing for the applicability of |
24 | provisions of chapters 189 and 298, Florida Statutes, |
25 | and other general laws; providing for severability; |
26 | providing an effective date. |
27 |
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28 | Be It Enacted by the Legislature of the State of Florida: |
29 |
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30 | Section 1. Popular name.--This act may be cited as the |
31 | "West Villages Improvement District Act." |
32 | Section 2. District; creation, jurisdiction, and |
33 | purpose.-- |
34 | (1) The West Villages Improvement District, herein |
35 | referred to as the "district," is hereby created and |
36 | incorporated as an independent special district, pursuant to |
37 | chapter 189, Florida Statutes, to be known as the West Villages |
38 | Improvement District, in the City of North Port, Sarasota |
39 | County, which independent special district shall be a public |
40 | body corporate and politic. |
41 | (2) The district's territorial boundary shall embrace and |
42 | include that real property described in following section 17. |
43 | (3) The district is created for all purposes as shall be |
44 | liberally construed from and set forth in this act, under |
45 | sections 189.401-189.429, Florida Statutes, provided that |
46 | section 189.4045(2), Florida Statutes, is specifically excluded |
47 | and not applicable to the district or the City of North Port, |
48 | and chapter 298, Florida Statutes, as the same may be amended |
49 | from time to time, and may perform such acts as shall be |
50 | necessary, convenient, incidental, or proper for the provision, |
51 | acquisition, development, operation, and maintenance of those |
52 | public infrastructure works and services authorized herein, |
53 | including all facilities necessary and incidental thereto. |
54 | (4) The district charter created by this act may be |
55 | amended only by special act of the Legislature. Any expansion of |
56 | the powers or the boundaries of the district within the City of |
57 | North Port shall require prior approval of the City of North |
58 | Port Commission or its designee. |
59 | (5) The definition of terms and phrases shall be as set |
60 | forth in chapters 189 and 298, Florida Statutes, unless |
61 | otherwise herein defined. |
62 | Section 3. District powers, functions, and duties.-- |
63 | (1) In addition to any powers, functions, and duties set |
64 | forth in this act, the district shall have the authority to |
65 | exercise such powers, functions, and duties as may be set forth |
66 | in chapter 298, Florida Statutes. |
67 | (2) The district is hereby authorized and empowered as |
68 | follows: |
69 | (a) To adopt by resolution bylaws for the regulation of |
70 | its affairs and the conduct of its business. |
71 | (b) To adopt by resolution rules as necessary for |
72 | implementation, regulation, and enforcement as are consistent |
73 | with the purposes of the district and this act. |
74 | (c) To adopt an official seal reflecting the name and |
75 | nature of the district. |
76 | (d) To acquire by grant, loan, purchase, gift, transfer, |
77 | exchange, dedication, lease, devise, or, when reasonably |
78 | necessary for the implementation of district-authorized public |
79 | infrastructure works, facilities, or services by means of the |
80 | exercise of the right of eminent domain pursuant to the laws of |
81 | the state and in accordance with section 12 of this act, all |
82 | property, real or personal, or any easement, license, estate, or |
83 | interest therein necessary, desirable, or convenient for the |
84 | purposes of this act, and to sell, convey, transfer, gift, |
85 | lease, rent, dedicate, forfeit, abandon, exchange, or assign all |
86 | or any part thereof to or with other entities, including |
87 | governmental entities and agencies, and to exercise all of its |
88 | powers and authority with respect thereto. The district shall |
89 | not have the right of eminent domain outside of the boundaries |
90 | of the district. Notwithstanding anything contained herein, the |
91 | district shall not obtain fee simple title to any real property |
92 | within the district except by dedication on an approved plat, |
93 | with the approval of the City of North Port Commission or its |
94 | designee, or if otherwise required by another governmental |
95 | entity or agency. Any property interests owned by the district |
96 | which are used for nonpublic or private commercial purposes |
97 | shall be subject to all ad valorem taxes, intangible personal |
98 | property taxes, or non-ad valorem assessments, as would be |
99 | applicable if said property were privately owned. |
100 | (e) To finance, plan (consistent with City of North Port |
101 | Comprehensive Plan and implementing ordinances, studies, and |
102 | plans), design, acquire, construct, install, operate, equip, |
103 | upgrade, reclaim, replace, extend, renovate, mitigate, and |
104 | maintain canals, swales, outfalls, dams, control structures, |
105 | pumps and pumping systems, aerators, seawalls, berms, ditches, |
106 | telemetry and monitoring equipment, retention areas, holding |
107 | basins, marshes, wetlands, uplands, drains, levees, lakes, |
108 | ponds, and other works or elements for modern comprehensive |
109 | water management drainage, environmental, mitigation |
110 | preservation, erosion, quality, and control purposes, and further |
111 | that the district shall agree, at the request of the City of North |
112 | Port Commission or its designee, subject to a developer's |