1 | A bill to be entitled |
2 | An act relating to the Coral Springs Improvement |
3 | District, Broward County; providing for codification |
4 | of special laws regarding special districts pursuant |
5 | to s. 189.429, Florida Statutes, relating to the Coral |
6 | Springs Improvement District; codifying, amending, and |
7 | reenacting chapters 70-617 and 89-419, Laws of |
8 | Florida; providing legislative intent; deleting |
9 | gender-specific references; providing a district |
10 | charter; repealing chapters 70-617 and 89-419, Laws of |
11 | Florida, relating to the Coral Springs Improvement |
12 | District; providing severability; providing an |
13 | effective date. |
14 |
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15 | Be It Enacted by the Legislature of the State of Florida: |
16 |
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17 | Section 1. Intent.--In accordance with section 189.429, |
18 | Florida Statutes, this act constitutes the codification of all |
19 | special acts relating to the Coral Springs Improvement District. |
20 | It is the intent of the Legislature in enacting this law to |
21 | provide a single, comprehensive special act charter for the |
22 | district, including all current legislative authority granted to |
23 | the district by its several legislative enactments and any |
24 | additional authority granted by this act. |
25 | Section 2. Codification.--Chapters 70-617 and 89-419, Laws |
26 | of Florida, relating to the Coral Springs Improvement District |
27 | are codified, reenacted, amended, and repealed as herein |
28 | provided. |
29 | Section 3. The charter for the Coral Springs Improvement |
30 | District is re-created and re-enacted to read: |
31 | Section 1. Creation of the district ratified and approved; |
32 | change of name of district to Coral Springs Improvement |
33 | District.--The decree of the circuit court in and for the |
34 | seventeenth judicial circuit of the State of Florida, entered in |
35 | chancery No. 66-1301, on the 8th day of September, 1966, |
36 | creating and incorporating the Coral Springs Drainage District |
37 | as a public corporation of this state, and all subsequent |
38 | proceedings taken in the circuit court concerning that district, |
39 | are hereby ratified, confirmed, and approved, except that the |
40 | boundaries of said district shall be as hereinafter described. |
41 | The Coral Springs Drainage District shall henceforth be known by |
42 | the name of Coral Springs Improvement District, and shall |
43 | continue to be a public corporation of this state and have |
44 | perpetual existence. All lawful debts, bonds, obligations, |
45 | contracts, franchises, promissory notes, audits, minutes, |
46 | resolutions, and other undertakings of the Coral Springs |
47 | Drainage District are hereby validated and shall continue to be |
48 | valid and binding on the Coral Springs Improvement District in |
49 | accordance with their respective terms, conditions, covenants, |
50 | and tenor. Any proceeding heretofore begun by the Coral Springs |
51 | Drainage District under chapter 298, Florida Statutes, or any |
52 | other law, for the construction of any improvements, works, or |
53 | facilities, for the assessment of benefits and damages, or for |
54 | the borrowing of money shall not be impaired or avoided by this |
55 | act, but may be continued and completed in the name of the Coral |
56 | Springs Improvement District. |
57 | Section 2. Exclusion of lands and new boundaries.--The |
58 | following described lands formerly within the boundaries of the |
59 | district are excluded: |
60 |
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61 | The North one-half of Section 26, Township 48 South, |
62 | Range 41 East, Broward County, Florida. |
63 |
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64 | The boundaries of the district are: |
65 |
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66 | Beginning at the Northwest corner of Section 30, |
67 | Township 48 South, Range 41, East; thence Southerly |
68 | along the West line of said Section 30 and along the |
69 | West line of Section 31 of said Township 48 South, |
70 | Range 41 East to an intersection with the North |
71 | right-of-way line of the Pompano Canal (C-14); thence |
72 | Easterly along the said North right-of-way line, |
73 | through said Section 31 and Sections 32, 33 and 34 of |
74 | said Township 48 South, Range 41 East to an |
75 | intersection with the East line of said Section 34; |
76 | thence Northerly along the said East line of Section |
77 | 34 and along the East line of Section 27, Township 48 |
78 | South, Range 41 East, to the Northeast corner of said |
79 | Section 27; thence Westerly along the North line of |
80 | said Section 27 and along the North lines of Sections |
81 | 28, 29 and 30 of said Township 48 South, Range 41 East |
82 | to the said Northwest corner of Section 30 and the |
83 | Point of Beginning; said lands situate, lying and |
84 | being in Broward County, Florida, which said boundary |
85 | embraces and includes these certain tracts or parcels |
86 | of land described as follows, to wit: |
87 |
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88 | All of Sections 27 and 29; and Tracts 1 through 19 |
89 | inclusive, Tracts 22 through 27 inclusive, Tracts 30 |
90 | through 32 inclusive, and those portions of Tracts 20, |
91 | 21, 28 and 29 lying North of the North right-of-way |
92 | line of the Pompano Canal (C-14) of the subdivision of |
93 | Section 31; and Tracts 1 through 18 inclusive, Tracts |
94 | 22 through 26 inclusive, Tracts 31 and 32, and those |
95 | portions of Tracts 19, 20, 21, 27 and 30 lying North |
96 | of the North right-of-way line of the Pompano Canal |
97 | (C-14) of the subdivision of Section 33, all according |
98 | to the Florida Fruit Lands Company?s Subdivision Map |
99 | No. 2, recorded in Plat Book 1, Page 102, of the |
100 | public records of Palm Beach County, Florida, together |
101 | with all the platted road rights-of-way contained |
102 | therein; and all of Sections 28 and 30; and those |
103 | portions of Sections 32 and 34 lying North of the |
104 | North right-of-way line of the Pompano Canal (C-14). |
105 |
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106 | All of said property situate, lying and being in |
107 | Township 48 South, Range 41 East, Broward County, |
108 | Florida. |
109 |
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110 | Section 3. Applicability of certain provisions of chapter |
111 | 298, Florida Statutes, to the Coral Springs Improvement |
112 | District; inconsistent laws inapplicable.--The provisions of |
113 | chapter 298, Florida Statutes, and all amendments thereto, now |
114 | existing or hereafter enacted, are declared to be applicable to |
115 | the Coral Springs Improvement District insofar as not |
116 | inconsistent with the provisions of this act or any subsequent |
117 | special acts relating to the Coral Springs Improvement District. |
118 | Notwithstanding the foregoing, the provisions of sections |
119 | 298.07, 298.11, 298.12, 298.14, 298.15, 298.17, 298.18, 298.19, |
120 | 298.20, 298.23, 298.24, 298.25, 298.35, 298.37, 298.38, 298.39, |
121 | 298.40, 298.401, 298.41, 298.42, 298.44, 298.45, 298.46, 298.48, |
122 | 298.52, 298.54, 298.56, 298.57, 298.61, 298.69, 298.70, 298.71, |
123 | 298.72, 298.73, and 298.74, Florida Statutes, and amendments |
124 | thereto, shall not be applicable to the Coral Springs |
125 | Improvement District. |
126 | Section 4. Definitions.--Unless the context shall indicate |
127 | otherwise, the following words as used in this act shall have |
128 | the following meanings: |
129 | (1) ?Assessable improvements? includes, without |
130 | limitation, any and all drainage and land reclamation works and |
131 | facilities, sewer systems, storm sewers and drains, water |
132 | systems, streets, roads, or other projects of the district, or |
133 | that portion or portions thereof, local in nature and of special |
134 | benefit to the premises or lands served thereby, and any and all |
135 | modifications, improvements, and enlargements thereof. |
136 | (2) ?Board? means the Board of Supervisors of the Coral |
137 | Springs Improvement District, or if such board shall be |
138 | abolished, the board, body, or commission succeeding to the |
139 | principal functions thereof or to whom the powers given by this |
140 | act to the board shall be given by law. |
141 | (3) ?Bond? includes ?certificate,? and provisions |
142 | applicable to bonds shall be equally applicable to certificates. |
143 | ?Bond? includes general obligation bonds, assessment bonds, |
144 | refunding bonds, revenue bonds, and such other obligations in |
145 | the nature of bonds as are provided for in this act, as the case |
146 | may be. |
147 | (4) ?Cost,? when used with reference to any project, |
148 | includes, but is not limited to, the expenses of determining the |
149 | feasibility or practicability of acquisition, construction, or |
150 | reconstruction; the cost of surveys, estimates, plans, and |
151 | specifications; the cost of acquisition, construction, or |
152 | reconstruction; the cost of improvements; engineering, fiscal, |
153 | and legal expenses and charges; the cost of all labor, |
154 | materials, machinery, and equipment; the cost of all lands, |
155 | properties, rights, easements, and franchises acquired; federal, |
156 | state, and local taxes and assessments; financing charges; the |
157 | creation of initial reserve and debt service funds; working |
158 | capital; interest charges incurred or estimated to be incurred |
159 | on money borrowed prior to and during construction and |
160 | acquisition and for such period of time after completion of |
161 | construction or acquisition as the board may determine; the cost |
162 | of issuance of bonds pursuant to this act including |
163 | advertisements and printing, the cost of any election held |
164 | pursuant to this act, and all other expenses of the issuance of |
165 | bonds; discount, if any, on the sale or exchange of bonds; |
166 | administrative expenses; such other expenses as may be necessary |
167 | or incidental to the acquisition, construction, or |
168 | reconstruction of any project or to the financing thereof, or |
169 | the development of any lands within the district; and |
170 | reimbursement of any public or private body, person, firm, or |
171 | corporation for any moneys advanced in connection with any of |
172 | the foregoing items of cost. Any obligation or expense incurred |
173 | prior to the issuance of bonds in connection with the |
174 | acquisition, construction, or reconstruction of any project or |
175 | improvements thereon, or in connection with any other |
176 | development of land that the board of the district shall |
177 | determine to be necessary or desirable in carrying out the |
178 | purposes of this act, may be treated as a part of such cost. |
179 | (5) ?District? means the Coral Springs Improvement |
180 | District and ?district manager? means the manager of the |
181 | district. |
182 | (6) ?Landowner? means the owner of the freehold estate, as |
183 | appears by the deed record, including trustees, private |
184 | corporations, and owners of cooperative and condominium units. |
185 | "Landowner" does not include reversioners, remaindermen, or |
186 | mortgagees who shall not be counted and need not be notified of |
187 | proceedings under this act. |
188 | (7) ?Project? means any development, improvement, |
189 | property, utility, facility, works, road, enterprise, service, |
190 | or convenience now existing or hereafter undertaken or |
191 | established under the provisions of this act or under chapter |
192 | 298, Florida Statutes. |
193 | (8) ?Sewer system? means any plant, system, facility, or |
194 | property and additions, extensions, and improvements thereto at |
195 | any future time constructed or acquired as part thereof useful |
196 | or necessary or having the present capacity for future use in |
197 | connection with the collection, treatment, purification, or |
198 | disposal of sewage, including, without limitation, industrial |
199 | wastes resulting from any processes of industry, manufacture, |
200 | trade, or business or from the development of any natural |
201 | resources. Without limiting the generality of the foregoing, |
202 | "sewer system" shall include treatment plants, pumping stations, |
203 | lift stations, valves, force mains, intercepting sewers, |
204 | laterals, pressure lines, mains, and all necessary appurtenances |
205 | and equipment, all sewer mains, laterals, and other devices for |
206 | the reception and collection of sewage from premises connected |
207 | therewith, and all real and personal property and any interest |
208 | therein, rights, easements, and franchises of any nature |
209 | whatsoever relating to any such system and necessary or |
210 | convenient for operation thereof. |
211 | (9) ?Water and flood control facilities? means any canals, |
212 | ditches, or other drainage facilities, reservoirs, dams, levees, |
213 | sluiceways, dredging holding basins, floodways, pumping |
214 | stations, or any other works, structures, or facilities for the |
215 | conservation, control, development, utilization, and disposal of |
216 | water, and any purposes appurtenant, necessary, or incidental |
217 | thereto, and includes all real and personal property and any |
218 | interest therein, rights, easements, and franchises of any |
219 | nature relating to any such water and flood control facilities |
220 | or necessary or convenient for the acquisition, construction, |
221 | reconstruction, operation, or maintenance thereof. |
222 | (10) ?Water system? means any plant, system, facility, or |
223 | property and additions, extensions, and improvements thereto at |
224 | any future time constructed or acquired as part thereof, useful |
225 | or necessary or having the present capacity for future use in |
226 | connection with the development of sources, treatment, or |
227 | purification and distribution of water and, without limiting the |
228 | generality of the foregoing, includes dams, reservoirs, storage |
229 | tanks, mains, lines, valves, pumping stations, laterals, and |
230 | pipes for the purpose of carrying water to the premises |
231 | connected with such system, and all real and personal property |
232 | and any interests therein, rights, easements, and franchises of |
233 | any nature whatsoever relating to any such system and necessary |
234 | or convenient for the operation thereof. |
235 | Section 5. Board of supervisors; election; organization; |
236 | terms of office; quorum; report and minutes.-- |
237 | (1) The board of supervisors of the district shall be the |
238 | governing body of the district and shall exercise the powers |
239 | granted to the district under this act and under chapter 298, |
240 | Florida Statutes. The board shall consist of three members, and |
241 | except as otherwise provided herein, each member shall hold |
242 | office for a term of 4 years and until his or her successor |
243 | shall be chosen and shall qualify. A majority of the members of |
244 | the board shall be residents of Broward County, and all members |
245 | shall be residents of Florida. All members of the board shall be |
246 | landowners within the district. |
247 | (2) The persons who are members of the board of |
248 | supervisors of the Coral Springs Drainage District elected on |
249 | October 4, 1966, shall constitute the members of the board until |
250 | the month of June of 1971. |
251 | (3) In the month of June of each fourth year commencing |
252 | June of 1971, there shall be held a meeting of the landowners of |
253 | the district at the office of the district in Broward County for |
254 | the purpose of electing three supervisors for said district. |
255 | Notice of said landowners' meeting shall be published once a |
256 | week for 2 consecutive weeks in a newspaper in Broward County |
257 | that is in general circulation in the district, the last of said |
258 | publication to be not less than 14 days nor more than 28 days |
259 | before the date of the election. The landowners, when assembled |
260 | at such meeting, shall organize by electing a chair who shall |
261 | conduct the meeting. At such meeting, each landowner shall be |
262 | entitled to cast one vote per acre of land owned by him or her |
263 | and located within the district for each person to be elected. A |
264 | landowner may vote in person or by proxy in writing. Fractions |
265 | of an acre shall be treated as one acre, entitling the landowner |
266 | to one vote with respect thereto. The three persons receiving |
267 | the highest number of votes for the office of supervisor shall |
268 | be declared elected. |
269 | (4) Each supervisor, before entering upon his or her |
270 | official duties, shall take and subscribe to an oath of office |
271 | as prescribed in section 298.13, Florida Statutes. |
272 | (5) All supervisors shall hold office for the terms for |
273 | which they are elected or appointed and until their successors |
274 | shall be chosen and qualify. In case of a vacancy in the office |
275 | of any supervisor, the remaining supervisor or supervisors (even |
276 | though less than a quorum) may fill such vacancy by appointment |
277 | of a new supervisor or supervisors for the unexpired term of the |
278 | supervisor who vacated his or her office. |
279 | (6) As soon as practicable after each election, the board |
280 | shall organize by choosing one of their number president of the |
281 | board and by electing a secretary, who need not be a member of |
282 | the board. |
283 | (7) A majority of the members of the board shall |
284 | constitute a quorum. |
285 | (8) The board shall keep a permanent record book entitled |
286 | ?Record of Proceedings of Coral Springs Improvement District,? |
287 | in which shall be recorded minutes of all meetings, resolutions, |
288 | proceedings, certificates, bonds given by all employees, and any |
289 | and all corporate acts, which book shall at reasonable times be |
290 | opened to the inspection of any landowner, taxpayer, resident, |
291 | or bondholder of the district, and such other persons as the |
292 | board may determine to have a proper interest in the proceedings |
293 | of the board. Such record book shall be kept at any office or |
294 | other regular place of business maintained by the board in |
295 | Broward County. |
296 | (9) Whenever any election shall be authorized or required |
297 | by this act to be held by the landowners at any particular or |
298 | stated time or day, and if for any reason such election is not |
299 | held at such time or on such day, then, in such event, the power |
300 | or duty to hold such election shall not cease or lapse, but such |
301 | election shall be held thereafter when practicable in accordance |
302 | with the procedures provided by this act. |
303 | Section 6. Appointment and duties of district |
304 | manager.--For the purpose of preserving and maintaining any |
305 | facility constructed or erected under the provisions of this act |
306 | or chapter 298, Florida Statutes, and for maintaining and |
307 | operating the equipment owned by the district and such other |
308 | duties as may be prescribed by the board, the board may employ |
309 | and fix the compensation of a district manager who shall have |
310 | charge and supervision of the works of the district. |
311 | Section 7. Treasurer; depositories; fiscal agent.-- |
312 | (1) The board shall designate a person who is a resident |
313 | of the state or a bank or trust company organized under the laws |
314 | of the state or under the International Banking Act as treasurer |
315 | of the district and such person shall have charge of the funds |
316 | of the district. Such funds shall be disbursed only upon the |
317 | order of or pursuant to the resolution of the board by warrant |
318 | or check signed by the treasurer, or by such other person as may |
319 | be authorized by the board. The board may give the treasurer |
320 | such other or additional powers and duties as the board may deem |
321 | appropriate, and fix his or her compensation. The board may |
322 | require the treasurer to give a bond in such amount, on such |
323 | terms, and with such sureties as may be deemed satisfactory to |
324 | the board to secure the performance by the treasurer of his or |
325 | her powers and duties. The board shall audit or have audited the |
326 | books of the treasurer at least once a year. |
327 | (2) The board is authorized to select as depositories in |
328 | which the bonds of the board and of the district shall be |
329 | deposited any banking corporation organized under the laws of |
330 | the state or under the International Banking Act, doing business |
331 | in the state, upon such terms and conditions as to the payment |
332 | of interest by such depository upon the funds so deposited as |
333 | the board may deem just and reasonable. |
334 | (3) The board may employ a fiscal agent to perform such |
335 | duties and services at such rate of compensation as the board |
336 | may determine. |
337 | Section 8. Compensation of board.--Each supervisor is |
338 | entitled to receive for his or her services an amount not to |
339 | exceed $200 per month. In addition, each supervisor shall |
340 | receive reasonable traveling expenses for attending the place of |
341 | meeting from his or her residence. Unless the board by |
342 | resolution otherwise provides, such traveling expenses may not |
343 | be in excess of the amounts provided by law for state and county |
344 | officials. |
345 | Section 9. Powers.--The district shall have, and the board |
346 | may exercise, any or all of the following powers: |
347 | (1) To contract and be contracted with; to sue and be sued |
348 | in the name of the district; to adopt and use a seal; and to |
349 | acquire by purchase, gift, devise, eminent domain, except as |
350 | limited herein, or otherwise property, real or personal, or any |
351 | estate therein, within the district, to be used for any of the |
352 | purposes of this act. |
353 | (2) To adopt a water control plan; and to establish, |
354 | construct, operate, and maintain a system of main and lateral |
355 | canals, drains, ditches, levees, dikes, dams, sluices, locaks, |
356 | revetments, reservoirs, holding basins, floodways, pumping |
357 | stations, syphons, culverts, and storm sewers to drain and |
358 | reclaim the lands within the district and to connect some or any |
359 | of them with roads and bridges as in the judgment of the board |
360 | is deemed advisable to provide access to such facilities. |
361 | (3) To acquire and maintain appropriate sites for storage |
362 | and maintenance of the equipment of the district; and to |
363 | acquire, maintain, and construct a suitable building to house |
364 | the office and records of the district. |
365 | (4) To clean out, straighten, widen, open up, or change |
366 | the course and flow, and alter or deepen any canal, ditch, |
367 | drain, river, water course, or natural stream as within the |
368 | judgment of the board is deemed advisable to drain and reclaim |
369 | the lands within the district; to acquire, purchase, operate, |
370 | and maintain pumps, plants, and pumping systems for drainage |
371 | purposes; and to construct, operate, and maintain irrigation |
372 | works and machinery in connection with the purposes herein set |
373 | forth. |
374 | (5) To regulate and set forth by appropriate resolution |
375 | the drainage requirements and conditions to be met for plats to |
376 | be entitled to record on any land within the district, including |
377 | authority to require as a condition precedent for any platting |
378 | that good and sufficient bond be posted to ensure proper |
379 | drainage for the area to be platted. |
380 | (6) To borrow money and issue bonds, certificates, |
381 | warrants, notes, or other evidences of indebtedness of the |
382 | district as hereinafter provided. |
383 | (7) To build and construct any other works and |
384 | improvements deemed necessary to preserve and maintain the works |
385 | in or out of the district; to acquire, construct, operate, |
386 | maintain, use, sell, convey, transfer, or otherwise provide for |
387 | machines and equipment for any purpose authorized by this act or |
388 | chapter 298, Florida Statutes; and to contract for the purchase, |
389 | construction, operation, maintenance, use, sale, conveyance, and |
390 | transfer of the said machinery and equipment. |
391 | (8) To construct or enlarge, or cause to be constructed or |
392 | enlarged, any and all bridges or culverts that may be needed in |
393 | or out of the district, across any drain, ditch, canal, |
394 | floodway, holding basin, excavation, public highway, tract, |
395 | grade, fill, or cut; to construct roadways over levees and |
396 | embankments; and to construct any and all of said works and |
397 | improvements across, through, or over any public right-of-way, |
398 | highway, grade, fill, or cut in or out of the district. |
399 | (9) To hold, control, and acquire by donation, purchase, |
400 | or condemnation any easement, reservation, or dedication in the |
401 | district for any of the purposes herein provided; and to condemn |
402 | as provided by chapters 73 and 74, Florida Statutes, or acquire, |
403 | by purchase or grant, for use in the district, any land or |
404 | property within the district necessary for the purposes of this |
405 | act. |
406 | (10) To assess and impose upon all of the lands in the |
407 | district an ad valorem tax, an annual drainage tax, and a |
408 | maintenance tax as hereinafter provided. |
409 | (11) To impose and foreclose special assessments liens as |
410 | hereinafter provided. |
411 | (12) To prohibit, regulate, and restrict by appropriate |
412 | resolution all structures, materials, and things, whether solid, |
413 | liquid, or gas, whether permanent or temporary in nature, which |
414 | come upon, come into, connect to, or be a part of any facility |
415 | owned or operated by the district. |
416 | (13) To administer and provide for the enforcement of all |
417 | of the provisions herein, including the making, adopting, |
418 | promulgating, amending, and repealing of all rules and |
419 | regulations necessary or convenient for the carrying out of the |
420 | duties, obligations, and powers conferred on the district |
421 | created herein. |
422 | (14) To cooperate with or contract with other water |
423 | control districts or other governmental agencies as may be |
424 | necessary, convenient, incidental, or proper in connection with |
425 | any of the powers, duties, or purposes of the district as stated |
426 | in this act. |
427 | (15) To employ engineers, attorneys, agents, employees, |
428 | and representatives as the board of supervisors may from time to |
429 | time determine necessary and to fix their compensation and |
430 | duties. |
431 | (16) To exercise all of the powers necessary, convenient, |
432 | incidental, or proper in connection with any of the powers, |
433 | duties, or purposes of said district as stated in this act. |
434 | (17) To construct, improve, and maintain roadways and |
435 | roads necessary and convenient to provide access to and |
436 | efficient development of areas made suitable and available for |
437 | cultivation, settlement, urban subdivision, homesites, and other |
438 | beneficial developments as a result of the drainage operations |
439 | of the district. |
440 | (18) To make use of any public easements, dedications to |
441 | public use, platted reservations for public purposes, or any |
442 | reservations for drainage purposes within the boundaries of the |
443 | district. |
444 | (19) To lease as lessor or lessee to or from any person, |
445 | firm, corporation, association, or body, public or private, any |
446 | projects of the type that the district is authorized to |
447 | undertake and facilities or property of any nature for the use |
448 | of the district to carry out any of the purposes of this act. |
449 | (20) To regulate the supply and level of water within the |
450 | district; to divert waters from one area, lake, pond, river, |
451 | stream, basin, or drainage or water flood control facility to |
452 | any other area, lake, pond, river, stream, basin, or drainage |
453 | and water flood control facility; to regulate control and |
454 | restrict the development and use of natural or artificial |
455 | streams or bodies of water, lakes, or ponds; and to take all |
456 | measures determined by the board to be necessary or desirable to |
457 | prevent or alleviate land erosion. The powers granted to the |
458 | district by this subsection shall be concurrent within the |
459 | boundaries of the district with other public bodies, agencies, |
460 | or authorities as may be authorized by law. The district is |
461 | eligible to receive moneys, disbursements, and assistance from |
462 | the state available to flood control or water management |
463 | districts and the navigation districts or agencies. |
464 | (21) To own, acquire, construct, reconstruct, equip, |
465 | operate, maintain, extend, and improve water systems and sewer |
466 | systems or combined water and sewer systems; to regulate the use |
467 | of sewers and the supply of water within the district and to |
468 | prohibit or regulate the use and maintenance of outhouses, |
469 | privies, septic tanks, or other sanitary structures or |
470 | appliances within the district; to prescribe methods of |
471 | pretreatment of wastes not amenable to treatment with domestic |
472 | sewage before accepting such wastes for treatment, to refuse to |
473 | accept such wastes when not sufficiently pretreated as may be |
474 | prescribed, and to prescribe penalties for the refusal of any |
475 | person or corporation to so pretreat such wastes; to sell or |
476 | otherwise dispose of the effluent, sludge, or other byproducts |
477 | as a result of sewage treatment; and to construct and operate |
478 | connecting, intercepting, or outlet sewers, sewer mains, pipes |
479 | and water mains, conduits, or pipelines in, along, or under any |
480 | street, alleys, highways, or other public places or ways within |
481 | or without the district, when deemed necessary or desirable by |
482 | the board. The plans for any water or sewer system shall be |
483 | subject to the approval of the state board of health. |
484 | (22) To own, acquire, construct, operate, and maintain |
485 | parks, playgrounds, picnic grounds, camping facilities, and |
486 | water recreation facilities within or without the district. |
487 | (23) To issue general obligation bonds, revenue bonds, |
488 | assessment bonds, or any other bonds or obligations authorized |
489 | by the provisions of this act or any other law, or any |
490 | combination of the foregoing, to pay all or part of the cost of |
491 | the acquisition, construction, reconstruction, extension, |
492 | repair, improvement, maintenance, or operation of any project or |
493 | combination of projects; to provide for any facility, service, |
494 | or other activity of the district; and to provide for the |
495 | retirement or refunding of any bonds or obligations of the |
496 | district, or for any combination of the foregoing purposes. |
497 | (24) To exercise any and all other powers conferred upon |
498 | water control districts by chapter 298, Florida Statutes. |
499 | Section 10. Seal.--The official seal of the district shall |
500 | bear the legend ?Coral Springs Improvement District, Broward |
501 | County, Florida, Seal, Established 1966.? |
502 | Section 11. Fiscal year.--The board by resolution shall |
503 | establish the fiscal year for the district. |
504 | Section 12. Annual budget.--Prior to May 15 of each year, |
505 | the secretary of the district shall prepare a proposed budget to |
506 | be submitted to the board for its approval. The proposed budget |
507 | shall include an estimate of all necessary expenditures of the |
508 | district for the next ensuing fiscal year and an estimate of |
509 | income to the district from the taxes and assessments provided |
510 | in this act. The board shall consider the proposed budget item |
511 | by item and may either approve the budget as proposed by the |
512 | district manager or modify the same in part or in whole. The |
513 | board shall indicate its approval of the budget by resolution, |
514 | which resolution shall provide for a hearing on the budget as |
515 | approved. Notice of the hearing on the budget shall be published |
516 | in a newspaper in general circulation within the district in |
517 | Broward County once a week for two consecutive weeks, providing |
518 | that the second publication shall not be less than 7 days after |
519 | the first publication. The notice shall be directed to all |
520 | landowners in the district and shall state the purpose of the |
521 | meeting. The notice shall further contain a designation of the |
522 | date, time, and place of the public hearing, which shall be not |
523 | less than 7 days after the second publication. At the time and |
524 | place designated in the notice, the board shall hear all |
525 | objections to the budget as proposed and make such changes as |
526 | the board deems necessary. At the conclusion of the budget |
527 | hearing the board shall, by resolution, adopt the budget as |
528 | finally approved by the board. |
529 | Section 13. Notice and call of meetings of landowners; |
530 | quorum; adjournments; representation at meetings; taking action |
531 | without meeting.-- |
532 | (1) The board shall publish notice of all meetings of |
533 | landowners once a week for two consecutive weeks prior to such |
534 | meeting in a newspaper in Broward County in general circulation |
535 | within the district. Meetings of landowners shall be held in a |
536 | public place, or any other place made available for the purpose |
537 | of such meeting in the Broward County Courthouse and the place, |
538 | date, and hour of holding such meeting and the purpose thereof |
539 | shall be stated in the notice. Landowners representing a |
540 | majority of the number of acres in the district, present in |
541 | person or by proxy, shall constitute a quorum at any meeting of |
542 | the landowners; provided that irrespective of the number of |
543 | acres represented, there shall be a minimum of five landowners |
544 | owning separate parcels of land at each meeting. |
545 | (2) The board may call special meetings of the landowners |
546 | at any time to receive reports of the board or for such other |
547 | purpose as the board may determine. A special meeting of the |
548 | landowners may also be called at any time upon notice as |
549 | provided hereinabove at the written request of the owners of not |
550 | less than 25 percent in acreage of the land within the district |
551 | for the purpose of taking any lawful action by the landowners of |
552 | the district. Such special meeting shall be called by any court |
553 | of competent jurisdiction in the event that the board fails to |
554 | do so upon request as provided in the preceding sentence. Except |
555 | as otherwise provided in section 5 of this act with respect to |
556 | the election of supervisors, action taken at a meeting of the |
557 | landowners shall be by affirmative vote of the owners of at |
558 | least a majority in acreage of the land within the district |
559 | represented at such meeting. |
560 | (3) If no quorum is present or represented at a meeting of |
561 | the landowners at the time and place the same is called to be |
562 | held, the landowners present and represented, although less than |
563 | a quorum, may adjourn to another time or day, and at such or any |
564 | subsequent adjourned meeting may, if a quorum is then present or |
565 | represented, take any action that the landowners could have |
566 | taken at the meeting or meetings so adjourned for lack of a |
567 | quorum. |
568 | (4) At any meeting of the landowners, guardians may |
569 | represent their wards, executors and administrators may |
570 | represent the estate of deceased persons, trustees may represent |
571 | lands held by them in trust, and private corporations may be |
572 | represented by their duly authorized proxy. All landowners, |
573 | including guardians, executors, administrators, trustees, and |
574 | corporations, may be represented and vote by proxy. |
575 | Section 14. Water control plan; proceedings thereof.--The |
576 | board may proceed to adopt a water control plan in accordance |
577 | with the provisions of chapter 298, Florida Statutes, or in |
578 | accordance with the provisions of this section, in which case |
579 | the following shall apply: |
580 | (1) The board shall cause to be made by the chief engineer |
581 | or such other engineer or engineers as the board may employ for |
582 | that purpose a complete and comprehensive plan for the drainage |
583 | and reclamation of the lands located within the district. The |
584 | engineer or engineers designated by the board to make said plan |
585 | shall make all necessary surveys of the lands within the |
586 | boundary lines of said district and of all lands adjacent |
587 | thereto that will be improved or reclaimed in part or in whole |
588 | by any system of drainage that may be outlined and adopted, and |
589 | shall make a report in writing to the board with maps and |
590 | profiles of said surveys, which report shall contain a full and |
591 | complete plan for drainage and reclaiming the lands located |
592 | within the district from overflow or damage by water, with the |
593 | length, width, and depth of such canals, ditches, dikes, or |
594 | levees or other works as may be necessary in conjunction with |
595 | any canals, drains, ditches, dikes, levees, or other works |
596 | heretofore constructed by any other drainage or reclamation |
597 | district, or any other person or persons, or which may hereafter |
598 | be built by any or either of such agencies that may be necessary |
599 | or which can be advantageously used in such plan and also an |
600 | estimate of the cost of carrying out and completing the water |
601 | control plan, including the cost of superintending the same and |
602 | all incidental expenses in connection therewith. |
603 | (2) Upon the completion of such plan, the board shall hold |
604 | a hearing thereon to hear objections thereto and shall give |
605 | notice of the time and place fixed for such hearing by |
606 | publication once each week for two consecutive weeks in a |
607 | newspaper published in Broward County of general circulation in |
608 | the district, and shall permit the inspection of said plan at |
609 | the office of the district by all persons interested. All |
610 | objections to said plan shall be filed at or before the time |
611 | fixed in said notice for the hearing and shall be in writing. |
612 | (3) After said hearing the board shall consider the |
613 | proposed plan and any objections thereto, and may modify, |
614 | reject, or adopt the plan, or may continue the hearing to a day |
615 | certain for further consideration of the proposed plan or |
616 | modifications thereof. |
617 | (4) When the board shall approve such a plan, a resolution |
618 | shall be adopted and a certified copy thereof shall be filed in |
619 | the office of the secretary and incorporated into the records of |
620 | the district. |
621 | (5) The water control plan may be altered in detail from |
622 | time to time until the appraisal record herein provided is |
623 | filed, but not in such manner as materially to effect the |
624 | conditions of its adoption. After the appraisal record has been |
625 | filed no alterations of the plan or reclamation shall be made, |
626 | except as provided by this act. |
627 | (6) Within 20 days after the final adoption of the water |
628 | control plan by the board, the secretary of the district shall |
629 | prepare and transmit a certified copy thereof to the clerk of |
630 | the circuit court and at the same time the board shall file with |
631 | said clerk a petition that the said court appoint three |
632 | commissioners to appraise the lands to be acquired for |
633 | rights-of-way, holding basins, and other drainage works of the |
634 | district and to assess benefits and damages accruing to all |
635 | lands within the district by reason of the execution of the |
636 | water control plan. Immediately after the filing of such |
637 | petition, the judge of said court in whose division the petition |
638 | shall have been assigned shall by an order appoint three |
639 | commissioners, who shall be freeholders residing within Florida, |
640 | and who shall not be landowners in said district, nor of kin |
641 | within the fourth degree of consanguinity to any person owning |
642 | land in said district. A majority of said commissioners shall |
643 | constitute a quorum and shall control the action of the |
644 | commissioners on all questions. |
645 | (7) Immediately upon the filing of said order of |
646 | appointment, the secretary of the district shall notify each of |
647 | said commissioners of his or her appointment, and in the said |
648 | notice, he or she shall state the time and place for the first |
649 | meeting of said commissioners. The secretary of the district, or |
650 | his or her deputy, shall attend such meeting and shall furnish |
651 | to said commissioners a complete list of lands embraced in the |
652 | district, or adjacent thereto, that will be affected by the |
653 | execution of the water control plan. The secretary shall also |
654 | furnish to the commissioners a copy of the water control plan |
655 | and such other papers, documents, and information as the |
656 | commissioners require. The commissioners at the meeting shall |
657 | each take and subscribe to an oath that he or she will |
658 | faithfully and impartially discharge his or her duties as such |
659 | commissioner and make a true report of the work performed by |
660 | such commissioners, and shall elect one of their number chair. |
661 | The secretary of the district, or his or her deputy, shall be ex |
662 | officio secretary to the commissioners, and the attorney for the |
663 | district, other agents, and employees thereof shall cooperate |
664 | with the commissioners and furnish to them such advice, |
665 | assistance, and cooperation as they shall require. |
666 | (8)(a) Immediately after qualifying as provided in |
667 | subsection (7), the commissioners shall commence the performance |
668 | of their duties and the chief engineer, or one of his or her |
669 | assistants, shall accompany said commissioners when engaged in |
670 | the discharge of their duties and shall render his or her |
671 | opinion in writing when called for. Said commissioners shall |
672 | proceed to view the premises and determine the value of the |
673 | lands within or without the district to be acquired and used for |
674 | rights-of-way, holding basins, and other works described in the |
675 | water control plan, and they shall appraise all benefits and |
676 | damages which will accrue to all lands by reason of the |
677 | execution of the water control plan. The commissioners in |
678 | appraising benefits to lands, public highways, railroads, and |
679 | other rights-of-way shall not consider what benefits will be |
680 | derived by such property after other ditches, improvements, or |
681 | other plans of reclamation shall have been constructed, but they |
682 | shall appraise only such benefits as will be derived from the |
683 | construction of the works and improvements described in the |
684 | water control plan or as the same may afford an outlet for |
685 | drainage or protection from overflow of such property. The |
686 | commissioners shall give due consideration and credit to any |
687 | other drainage works which have already been constructed and |
688 | which afford partial or complete protection to any tract or |
689 | parcel of land within the district. The public highways, |
690 | railroads, and other rights-of-way shall be appraised according |
691 | to the increased physical efficiency and decreased maintenance |
692 | cost of roadways by reason of the improvements. The |
693 | commissioners shall have no power to change the water control |
694 | plan. The commissioners shall prepare a report of their |
695 | findings, which shall be arranged in tabular form, the columns |
696 | of which shall be headed as follows: Column 1 ?Owner of Property |
697 | Appraised?; Column 2 ?Description of Property Appraised?; Column |
698 | 3 ?Number of Acres Appraised?; Column 4 ?Amount of Benefits |
699 | Appraised?; Column 5 ?Amount of Damages Appraised?; Column 6 |
700 | ?Number of Acres to be Taken for Rights-of-way, Holding Basins, |
701 | etc.?; Column 7 ?Value of Property to be Taken.? They shall |
702 | also, by and with the advice of the chief engineer, estimate the |
703 | cost of the works described in the plan reclamation, which |
704 | estimate shall include the cost of property required for |
705 | rights-of-way, holding basins, and other works, the probable |
706 | expense of organization and administration as estimated by the |
707 | board of supervisors, and all of the expenses of the district |
708 | during the period of executing the water control plan. Before |
709 | appraisals of compensation and damages are made, the board may |
710 | report to the commissioners the parcels of land it may wish to |
711 | purchase and for which it may wish appraisals to be made, both |
712 | for easement and for purchase in fee simple, and the board may |
713 | specify the particular purpose for which, and the extent to |
714 | which, an easement in any property is desired, describing |
715 | definitely such purpose and extent. Wherever so instructed to do |
716 | so by the board, the commissioners shall appraise lands that may |
717 | be necessary or desirable for the district to own and, when so |
718 | requested by the board, the commissioners shall also appraise |
719 | both the total value of the land and also the damages due to any |
720 | easement required for the purposes of the district. |
721 | (b) The report of the commissioners shall be signed by at |
722 | least a majority of the commissioners and filed in the office of |
723 | the clerk of the circuit court of Broward County. Each |
724 | commissioner shall be paid $100 per day for his or her services |
725 | and necessary expenses in addition thereto. |
726 | (9) Upon the filing of the report of the commissioners, |
727 | the clerk shall give notice thereof by causing publication to be |
728 | made once a week for two consecutive weeks in a newspaper |
729 | published in Broward County and of general circulation in the |
730 | district. It shall not be necessary for the clerk to name the |
731 | parties interested, nor to describe separate lots or tracts of |
732 | land in giving said notice, but it shall be sufficient to |
733 | publish the said notice in the following form: |
734 |
|
735 | ?NOTICE OF FILING COMMISSIONERS? REPORT FOR CORAL SPRINGS |
736 | IMPROVEMENT DISTRICT. |
737 |
|
738 | Notice is hereby given that the commissioners heretofore |
739 | appointed to appraise benefits and damages to property and lands |
740 | located within the Coral Springs Improvement District in the |
741 | State of Florida and to appraise the cash value of the land |
742 | necessary to be taken for rights-of-way, holding basins, and |
743 | other works of said district did file their report in the office |
744 | of the undersigned Clerk of the Circuit Court, upon the ..... |
745 | day of .............., 20....., and you, and each of you, are |
746 | hereby notified that you may examine said report and file |
747 | exceptions to the same on or before the ..... day of |
748 | .............., 20..... (which date shall be not less than 28 |
749 | days nor more than 30 days after the first date of publication). |
750 |
|
751 | ................................... |
752 |
|
753 | Clerk of the Circuit Court |
754 | of Broward County, Florida? |
755 |
|
756 | (10) The state board of drainage commissioners, the water |
757 | control district, or any owner of land or other property to be |
758 | affected by said report may file exception to any part, or all, |
759 | of the report of said commissioners within the time specified in |
760 | the notice prescribed in subsection (9). All exceptions shall be |
761 | heard and determined by the court. If no exceptions are filed, |
762 | or if it is shown, upon the hearing of all of said exceptions, |
763 | that the estimated cost of construction of improvements |
764 | contemplated in the water control plan is less than the benefits |
765 | assessed against the lands in said district, the court shall |
766 | approve and confirm said commissioners? report. However, if the |
767 | court, upon hearing the objections filed, finds that any or all |
768 | such objections should be sustained, it shall order the report |
769 | changed to conform with such findings, and when so changed, the |
770 | court shall approve and confirm such report and enter its decree |
771 | accordingly. The court shall adjudge and apportion the costs |
772 | incurred by the exceptions filed, and shall condemn any land or |
773 | other property, that is shown by the report of the commissioners |
774 | to be needed for rights-of-way, holding basins, or other works, |
775 | following the procedures provided in chapters 73 and 74, Florida |
776 | Statutes; provided, however, that any property owner may accept |
777 | the assessment of damages in his or her favor made by the |
778 | commissioners, or acquiesce in their failure to assess damages |
779 | in his or her favor, and shall be construed to have done so, |
780 | unless he or she gives the supervisors of the district, on or |
781 | before the time shall have expired for filing exceptions, as |
782 | provided in this act, notice in writing that he or she demands |
783 | an assessment of his or her damages by a jury. If the property |
784 | owner demands an assessment of his or her damages by a jury, the |
785 | supervisors of the district shall institute in the Circuit Court |
786 | of Broward County an action to condemn the lands and other |
787 | property that must be taken or damaged in the making of such |
788 | improvements, with the right and privilege of paying into the |
789 | court a sum to be fixed by the circuit court or judge, and |
790 | proceeding with the work before the assessment by the jury. Any |
791 | person or party interested may prosecute and appeal to the |
792 | appropriate district court of appeal in the manner and within |
793 | the time provided by the Florida appellate rules. |
794 | (11) The Clerk of the Circuit Court of Broward County |
795 | shall transmit a certified copy of the court decree and copy of |
796 | the commissioners? report, as confirmed or amended by the court, |
797 | to the secretary of the board, and such clerk shall receive a |
798 | fee of $5 for receiving, filing, and preserving same as a |
799 | permanent record. |
800 | Section 15. Adoption, revision, and revocation of water |
801 | control plan.--In addition to and not in limitation of its power |
802 | to provide for and adopt a water control plan provided in |
803 | section 14 and under chapter 298, Florida Statutes, and |
804 | amendments thereto, the board may at any time and from time to |
805 | time adopt, revoke, or modify, in whole or in part, any water |
806 | control plan or any plan providing for the drainage of lands |
807 | within the district, and may provide for such new and additional |
808 | drainage facilities, canals, ditches, levees, and other works as |
809 | the board may determine. In connection with the revision of any |
810 | water control plan or the providing of any new or additional |
811 | drainage facilities, canals, ditches, levees, or other works, or |
812 | in the event the total taxes and assessments theretofore levied |
813 | or the funds derived from the sale of bonds are insufficient to |
814 | pay the cost of any drainage works, benefits may be reassessed, |
815 | additional assessments made, and taxes levied in accordance with |
816 | the procedures provided in this act or in chapter 298, Florida |
817 | Statutes. The board may at any time approve and make effective |
818 | technical changes or modifications in any water control plan or |
819 | drainage not affecting assessed benefits, levy of taxes, or the |
820 | security of bondholders. |
821 | Section 16. Assessing land for reclamation; apportionment |
822 | of tax; lands belonging to state assessed; drainage tax |
823 | record.--After the lists of lands, with the assessed benefits |
824 | and the decree and judgment of court, have been filed in the |
825 | office of the clerk of the circuit court as provided in section |
826 | 14, the board shall, without any unnecessary delay, levy a tax |
827 | of such portion of said benefits on all lands in the district to |
828 | which benefits have been assessed, as may be found necessary by |
829 | the board of supervisors to pay the costs of the completion of |
830 | the proposed works and improvements, as shown in said water |
831 | control plan and in carrying out the objects of said district, |
832 | and, in addition thereto, 10 percent of said total amount for |
833 | emergencies. The said tax shall be apportioned to, and levied |
834 | on, each tract of land in said district in proportion to the |
835 | benefits assessed, and not in excess thereof; and in case bonds |
836 | are issued, as provided in this chapter, a tax shall be levied |
837 | in a sum not less than an amount 90 percent of which shall be |
838 | equal to the principal of said bonds. The amount of bonds to be |
839 | issued for paying the cost of the works as set forth in the |
840 | water control plan shall be ascertained and determined by the |
841 | board, provided, however, that the total amount of all bonds to |
842 | be issued by the district shall in no case exceed 90 percent of |
843 | the benefits assessed upon the lands of the district. The amount |
844 | of the interest, as estimated by said board, that will accrue on |
845 | such bonds shall be included and added to the said tax, but the |
846 | interest to accrue on account of the issuing of said bonds shall |
847 | not be construed as a part of the costs of construction in |
848 | determining whether or not the expenses and costs of making said |
849 | improvements are equal to, or in excess of, the benefits |
850 | assessed. The secretary of the board of supervisors, as soon as |
851 | said total tax is levied, shall, at the expense of the district, |
852 | prepare a list of all taxes levied in the form of a well-bound |
853 | book, which shall be endorsed and named the ?DRAINAGE TAX RECORD |
854 | OF CORAL SPRINGS IMPROVEMENT DISTRICT, BROWARD COUNTY, FLORIDA,? |
855 | which endorsement shall be printed or written at the top of each |
856 | page in said book, signed and certified by the president and |
857 | secretary of the board, attested by the seal of the district, |
858 | and the same shall thereafter become a permanent record in the |
859 | office of said secretary. |
860 | Section 17. Prepayment of taxes or assessments.--The board |
861 | may provide that any tax or assessment may be paid at any time |
862 | before due, together with interest accrued thereon to the date |
863 | of prepayment and any prepayment premiums or penalties, if such |
864 | prior payment shall be permitted by the proceedings authorizing |
865 | any bonds or other obligations for the payment of which special |
866 | assessments have been pledged or taxes levied. |
867 | Section 18. Tax liens.--All taxes of the district provided |
868 | for in this act or chapter 298, Florida Statutes, together with |
869 | all penalties for default in the payment of the same and all |
870 | costs in collecting the same, including reasonable attorney's |
871 | fees fixed by the court and taxed as cost in the action brought |
872 | to enforce payment, shall from January 1 for each year the |
873 | property is liable to assessment and until paid constitute a |
874 | lien of equal dignity with the liens for state and county taxes |
875 | and other taxes of equal dignity with state and county taxes |
876 | upon all the lands against which such taxes shall be levied. A |
877 | sale of any of the real property within the district for state |
878 | and county or other taxes shall not operate to relieve or |
879 | release the property so sold from the lien for subsequent |
880 | district taxes or installments of district taxes which lien may |
881 | be enforced against such property as though no such sale thereof |
882 | had been made. The provisions of chapter 192, Florida Statutes, |
883 | and amendments thereto shall be applicable to district taxes |
884 | with the same force and effect as if said provisions were |
885 | expressly set forth in this act. |
886 | Section 19. Issuance of bond anticipation notes.--In |
887 | addition to the other powers provided for in this act and not in |
888 | limitation thereof, the district shall have the power, at any |
889 | time and from time to time after the issuance of any bonds of |
890 | the district shall have been authorized, to borrow money for the |
891 | purposes for which such bonds are to be issued in anticipation |
892 | of the receipt of the proceeds of the sale of such bonds and to |
893 | issue bond anticipation notes in a principal sum not in excess |
894 | of the authorized maximum amount of such bond issue. Such notes |
895 | shall be in such denomination or denominations, bear interest at |
896 | such rate as the board may determine not to exceed 10 percent |
897 | per year, mature at such time or times not later than 5 years |
898 | from the date of issuance, and be in such form and executed in |
899 | such manner as the board shall prescribe. Such notes may be sold |
900 | at either public or private sale, or if such notes shall be |
901 | renewal notes, may be exchanged for notes then outstanding on |
902 | such terms as the board shall determine. Such notes shall be |
903 | paid from the proceeds of such bonds when issued. The board may |
904 | in its discretion, in lieu of retiring the notes by means of |
905 | bonds, retire them by means of current revenues or from any |
906 | taxes or assessments levied for the payment of such bonds, but |
907 | in such event a like amount of the bonds authorized shall not be |
908 | issued. |
909 | Section 20. Short-term borrowing.--The district at any |
910 | time may obtain loans, in such amount and on such terms and |
911 | conditions as the board may approve, for the purpose of paying |
912 | any of the expenses of the district or any costs incurred or |
913 | that may be incurred in connection with any of the projects of |
914 | the district, which loans shall have a term not exceeding 2 |
915 | years from the date of issuance thereof, may be renewable for a |
916 | like term or terms, shall bear such interest as the board may |
917 | determine, not to exceed 10 percent per year, and may be payable |
918 | from and secured by a pledge of such funds, revenues, taxes, and |
919 | assessments as the board may determine. For the purpose of |
920 | defraying such costs and expenses, the district may issue |
921 | negotiable notes, warrants, or other evidences of debt signed on |
922 | behalf of the district by any one of the board duly authorized |
923 | by the board, such notes or other evidences of indebtedness to |
924 | be payable at such times, to bear such interest as the board may |
925 | determine not to exceed 10 percent per year, and to be sold or |
926 | discounted at such price or prices and on such terms as the |
927 | board may deem advisable. The board shall have the right to |
928 | provide for the payment thereof by pledging the whole or any |
929 | part of the funds, revenues, taxes, and assessments of the |
930 | district. The approval of the qualified electors who are |
931 | freeholders residing in the district shall not be necessary |
932 | except where required by the State Constitution. |
933 | Section 21. Trust agreements.--In the discretion of the |
934 | board, any issue of bonds may be secured by a trust agreement by |
935 | and between the district and a corporate trustee or trustees, |
936 | which may be any trust company or bank having the powers of a |
937 | trust company within or without the state. The resolution |
938 | authorizing the issuance of the bonds or such trust agreement |
939 | may pledge the revenues to be received from any projects of the |
940 | district and may contain such provisions for protecting and |
941 | enforcing the rights and remedies of the bondholders as the |
942 | board may approve, including, without limitation, covenants |
943 | setting forth the duties of the district in relation to the |
944 | acquisition, construction, reconstructions, improvements, |
945 | maintenance, repair, operation, and insurance of any projects; |
946 | the fixing and revising of the rates, fees, and charges; the |
947 | custody, safeguarding, and application of all moneys; and for |
948 | the employment of counseling engineers in connection with such |
949 | acquisition, construction, reconstruction, improvement, |
950 | maintenance, repair, or operation. It shall be lawful for any |
951 | bank or trust company incorporated under the laws of the state |
952 | which may act as a depository of the proceeds of bonds or of |
953 | revenues to furnish such indemnifying bonds or to pledge such |
954 | securities as may be required by the district. Such resolution |
955 | or trust agreement may set forth the rights and remedies of the |
956 | bondholders and of the trustee, if any, and may restrict the |
957 | individual right of action by bondholders. The board may provide |
958 | for the payment of the proceeds of the sale of the bonds and the |
959 | revenues of any project to such officer, board, or depository as |
960 | it may designate for the custody thereof, and for the method of |
961 | disbursement thereof with such safeguards and restrictions as it |
962 | may determine. All expenses incurred in carrying out the |
963 | provisions of such resolution or trust agreement may be treated |
964 | as part of the cost of operation of the project to which such |
965 | trust agreement pertains. |
966 | Section 22. Sale of bonds.--Bonds may be sold in blocks or |
967 | installments at different times, or an entire issue or series |
968 | may be sold at one time. Bonds may be sold at public or private |
969 | sale after such advertisement, if any, as the board may deem |
970 | advisable but not in any event at less than 90 percent of the |
971 | par value thereof, together with accrued interest thereon. Bonds |
972 | may be sold or exchanged for refunding bonds. Special assessment |
973 | and revenue bonds may be delivered as payment by the district of |
974 | the purchase price or lease of any project or part thereof, or a |
975 | combination of projects or parts thereof, or as the purchase |
976 | price or exchanged for any property, real, personal, or mixed, |
977 | including franchises, or services rendered by any contractor, |
978 | engineer, or other person, all at one time or in blocks from |
979 | time to time, in such manner and upon such terms as the board in |
980 | its discretion shall determine. The price or prices for any |
981 | bonds sold, exchanged, or delivered may be the money paid for |
982 | the bonds; the principal amount, plus accrued interest to the |
983 | date of redemption or exchange, or outstanding obligations |
984 | exchanged for refunding bonds; or, in the case of special |
985 | assessment or revenue bonds, the amount of any indebtedness to |
986 | contractors or other persons paid with such bonds, or the fair |
987 | value of any properties exchanged for the bonds, as determined |
988 | by the board. |
989 | Section 23. Authorization and form of bonds.--Bonds may be |
990 | authorized by resolution or resolutions of the board which shall |
991 | be adopted by a majority of all of the members thereof then in |
992 | office. Such resolution or resolutions may be adopted at the |
993 | same meeting at which they are introduced, and need not be |
994 | published or posted. The board may by resolution authorize the |
995 | issuance of bonds, fix the aggregate amount of bonds to be |
996 | issued, the purpose or purposes for which the moneys derived |
997 | therefrom shall be expended, the rate or rates of interest, not |
998 | to exceed 10 percent per year, the denomination of the bonds, |
999 | whether or not the bonds are to be issued in one or more series, |
1000 | the date or dates of maturity, which shall not exceed 40 years |
1001 | from their respective dates of issuance, the medium of payment, |
1002 | the place or places within or without the state where payment |
1003 | shall be made, registration privileges, redemption terms and |
1004 | privileges (whether with or without premium), the manner of |
1005 | execution, the form of the bonds, including any interest coupons |
1006 | to be attached thereto, the manner of execution of bonds and |
1007 | coupons, and any and all other terms, covenants, and conditions |
1008 | thereof, and the establishment of revenue or other funds. Such |
1009 | authorizing resolution may further provide that such bonds may |
1010 | be executed manually or by engraved, lithographed, or facsimile |
1011 | signature, provided that where signatures are engraved, |
1012 | lithographed, or otherwise reproduced in facsimile, no bond |
1013 | shall be valid unless countersigned by a registrar or other |
1014 | officer designated by appropriate resolution of the board. The |
1015 | seal of the district may be affixed, lithographed, engraved, or |
1016 | otherwise reproduced in facsimile on such bonds. In case any |
1017 | officer whose signature shall appear on any bonds or coupons |
1018 | shall cease to be such officer before the delivery of such |
1019 | bonds, such signature or facsimile shall nevertheless be valid |
1020 | and sufficient for all purposes the same as if he or she had |
1021 | remained in office until such delivery. |
1022 | Section 24. Interim certificates; replacement |
1023 | certificates.--Pending the preparation of definitive bonds, the |
1024 | board may issue interim certificates or receipts or temporary |
1025 | bonds, in such form and with such provisions as the board may |
1026 | determine, exchangeable for definitive bonds when such bonds |
1027 | shall have been executed and are available for delivery. The |
1028 | board may also provide for the replacement of any bonds that |
1029 | become mutilated, lost, or destroyed. |
1030 | Section 25. Negotiability of bonds.--Any bond issued under |
1031 | this act and any interim certificate, receipt, or temporary bond |
1032 | shall, in the absence of an express recital on the face thereof |
1033 | that it is nonnegotiable, be fully negotiable and shall be and |
1034 | constitute negotiable instruments within the meaning and for all |
1035 | purposes of the law merchant and the laws of Florida. |
1036 | Section 26. Defeasance.--The board may make such provision |
1037 | with respect to the defeasance of the right, title, and interest |
1038 | of the holders of any of the bonds and obligations of the |
1039 | district in any revenues, funds, or other properties by which |
1040 | such bonds are secured as the board deems appropriate and, |
1041 | without limitation on the foregoing, may provide that when such |
1042 | bonds or obligations become due and payable or shall have been |
1043 | called for redemption, and the whole amount of the principal and |
1044 | interest and premium, if any, due and payable upon the bonds or |
1045 | obligations then outstanding shall be paid, or sufficient monies |
1046 | or direct obligations of the United States Government the |
1047 | principal of and the interest on which when due will provide, |
1048 | sufficient monies shall be held or deposited in trust for such |
1049 | purpose, and provision shall also be made for paying all other |
1050 | sums payable in connection with such bonds or other obligations, |
1051 | then and in such event the right, title, and interest of the |
1052 | holders of the bonds in any revenues, funds, or other properties |
1053 | by which such bonds are secured shall thereupon cease, |
1054 | determine, and become void, and the board may apply any surplus |
1055 | in any sinking fund established in connection with such bonds or |
1056 | obligations and all balances remaining in all other funds or |
1057 | accounts other than money held for the redemption or payment of |
1058 | the bonds or other obligations to any lawful purpose of the |
1059 | district as the board shall determine. |
1060 | Section 27. Issuance of additional bonds.--If the proceeds |
1061 | of any bonds shall be less than the cost of completing the |
1062 | project in connection with which such bonds are issued, the |
1063 | board may authorize the issuance of additional bonds, upon such |
1064 | terms and conditions as the board may provide in the resolution |
1065 | authorizing the issuance thereof, but only in compliance with |
1066 | the resolution or other proceedings authorizing the issuance of |
1067 | the original bonds. |
1068 | Section 28. Refunding bonds.--The district shall have the |
1069 | power to issue bonds to provide for the retirement or refunding |
1070 | of any bonds or obligations of the district that at the time of |
1071 | such issuance are or subsequently thereto become due and |
1072 | payable, or that at the time of issuance have been called or are |
1073 | or will be subject to call for redemption within 10 years |
1074 | thereafter, or the surrender of which can be procured from the |
1075 | holders thereof at prices satisfactory to the board. Refunding |
1076 | bonds may be issued at any time when in the judgment of the |
1077 | board such issuance will be advantageous to the district. No |
1078 | approval of the qualified electors who are freeholders residing |
1079 | in the district shall be required for the issuance of refunding |
1080 | bonds except in cases where such approval is required by the |
1081 | constitution. The board may by resolution confer upon the |
1082 | holders of such refunding bonds all rights, powers, and remedies |
1083 | to which the holders would be entitled if they continued to be |
1084 | the owners and had possession of the bonds for the refinancing |
1085 | of which said refunding bonds are issued, including, but not |
1086 | limited to, the preservation of the lien of such bonds on the |
1087 | revenues of any project or on pledged funds, without |
1088 | extinguishment, impairment, or diminution thereof. The |
1089 | provisions of this act pertaining to bonds of the district |
1090 | shall, unless the context otherwise requires, govern the |
1091 | issuance of refunding bonds, the form and other details thereof, |
1092 | the rights of the holders thereof, and the duties of the board |
1093 | with respect to the same. |
1094 | Section 29. Revenue bonds.-- |
1095 | (1) The district shall have the power to issue revenue |
1096 | bonds from time to time without limitation as to amount. Such |
1097 | revenue bonds may be secured by or payable from the gross or net |
1098 | pledge of the revenues to be derived from any project or |
1099 | combination of projects; from the rates, fees, or other charges |
1100 | to be collected from the users of any project or projects; from |
1101 | any revenue-producing undertaking or activity of the district; |
1102 | or from any other source or pledged security. Such bonds shall |
1103 | not constitute an indebtedness of the district, and the approval |
1104 | neither of the qualified electors nor of the qualified electors |
1105 | who are freeholders shall be required unless such bonds are |
1106 | additionally secured by the full faith and credit and taxing |
1107 | power of the district. |
1108 | (2) Any two or more projects may be combined and |
1109 | consolidated into a single project, and may thereafter be |
1110 | operated and maintained as a single project. The revenue bonds |
1111 | authorized herein may be issued to finance any one or more of |
1112 | such projects, regardless whether or not such projects have been |
1113 | combined and consolidated into a single project. If the board |
1114 | deems it advisable, the proceedings authorizing such revenue |
1115 | bonds may provide that the district may thereafter combine the |
1116 | projects then being financed or theretofore financed with other |
1117 | projects to be subsequently financed by the district, and that |
1118 | revenue bonds to be thereafter issued by the district shall be |
1119 | on parity with the revenue bonds then being issued, all on such |
1120 | terms, conditions, and limitations as shall be provided, and may |
1121 | further provide that the revenues to be derived from the |
1122 | subsequent projects shall at the time of the issuance of such |
1123 | parity revenue bonds be also pledged to the holders of any |
1124 | revenue bonds theretofore issued to finance the revenue |
1125 | undertakings which are later combined with such subsequent |
1126 | projects. The district may pledge for the security of the |
1127 | revenue bonds a fixed amount, without regard to any fixed |
1128 | proportion of the gross revenues of any project. |
1129 | Section 30. General obligation bonds.-- |
1130 | (1) The district shall have the power from time to time to |
1131 | issue general obligation bonds in an aggregate principal amount |
1132 | of bonds outstanding at any one time not in excess of 35 percent |
1133 | of the assessed value of the taxable property within the |
1134 | district as shown on the pertinent tax records at the time of |
1135 | the authorization of the general obligation bonds for which the |
1136 | full faith and credit of the district is pledged. Except for |
1137 | refunding bonds, no general obligation bonds shall be issued |
1138 | unless the issuance thereof shall have been approved at an |
1139 | election of freeholders held in accordance with the requirements |
1140 | for such election as prescribed by the State Constitution. Such |
1141 | elections shall be called to be held in the district by the |
1142 | Board of County Commissioners of Broward County upon the request |
1143 | of the board of the district. The expenses of calling and |
1144 | holding such referendum elections shall be borne by the district |
1145 | and the district shall reimburse the county for any expenses |
1146 | incurred in calling or holding such elections. In the |
1147 | alternative, at the option of the board, the board may make such |
1148 | other provision for the registration of such qualified electors |
1149 | who are freeholders and the calling and holding of such |
1150 | elections as the board may from time to time deem appropriate. |
1151 | (2) The district may pledge its full faith and credit for |
1152 | the payment of the principal and interest on such general |
1153 | obligation bonds, and for any reserve or other funds provided |
1154 | therefor, and may unconditionally and irrevocably pledge itself |
1155 | to levy ad valorem taxes on all taxable property in the |
1156 | district, to the extent necessary for the payment thereof, |
1157 | without limitations as to rate or amount. |
1158 | (3) If the board shall determine to issue general |
1159 | obligation bonds for more than one different purpose, the |
1160 | approval of the issuance of the bonds for each and all such |
1161 | purposes may be submitted to the freeholders on one and the same |
1162 | ballot. The failure of the freeholders to approve the issuance |
1163 | of bonds for any one or more purposes shall not defeat the |
1164 | approval of bonds for any purpose that shall be approved by the |
1165 | freeholders. |
1166 | Section 31. Bonds as legal investment or |
1167 | security.--Notwithstanding any provisions of any other law to |
1168 | the contrary, all bonds issued under the provisions of this act |
1169 | shall constitute legal investments for savings banks, banks, |
1170 | trust companies, insurance companies, executors, administrators, |
1171 | trustees, guardians, and other fiduciaries, and for any board, |
1172 | body, agency, instrumentality, county, municipality, or other |
1173 | political subdivision of the state, and shall be and constitute |
1174 | securities which may be deposited by banks or trust companies as |
1175 | security for deposits of state, county, municipal, or other |
1176 | public funds, or by insurance companies as required for |
1177 | voluntary statutory deposits. |
1178 | Section 32. Covenants.--Any resolution authorizing the |
1179 | issuance of bonds may contain such covenants as the board may |
1180 | deem advisable and all such covenants shall constitute valid and |
1181 | legally binding and enforceable contracts between the district |
1182 | and the bondholders, regardless of the time of issuance thereof. |
1183 | Such covenants may include, without limitation, covenants |
1184 | concerning the disposition of the bond proceeds; the use and |
1185 | disposition of project revenues; the pledging of revenues, |
1186 | taxes, and assessments; the obligations of the district with |
1187 | respect to the operation of the project and the maintenance of |
1188 | adequate project revenues; the issuance of additional bonds; the |
1189 | appointment, powers, and duties of trustees and receivers; the |
1190 | acquisition of outstanding bonds and obligations; restrictions |
1191 | on the establishing of competing projects or facilities; |
1192 | restrictions on the sale or disposal of the assets and property |
1193 | of the district; the priority of assessment liens; the priority |
1194 | of claims by bondholders on the taxing power of the district; |
1195 | the maintenance of deposits to ensure the payment of revenues by |
1196 | users of district facilities and services; the discontinuance of |
1197 | district services by reason of delinquent payments; acceleration |
1198 | upon default; the execution of necessary instruments; the |
1199 | procedure for amending or abrogating covenants with the |
1200 | bondholders; and such other covenants as may be deemed necessary |
1201 | or desirable for the security of the bondholders. |
1202 | Section 33. Validity of bonds; validation proceedings.-- |
1203 | (1) Any bonds issued by the district shall be |
1204 | incontestable in the hands of bona fide purchasers or holders |
1205 | for value and shall not be invalid because of any irregularity |
1206 | or defects in the proceedings for the issue and sale thereof. |
1207 | Prior to the issuance of any bonds, the district may, but is not |
1208 | required to, publish a notice at least once in a newspaper or |
1209 | newspapers published or of general circulation in Broward County |
1210 | and within the district stating the date of adoption of the |
1211 | resolution authorizing such obligations, the amount, the maximum |
1212 | rate of interest and maturity of such obligations, and the |
1213 | purpose in general terms for which such obligations are to be |
1214 | issued, and further stating that any action or proceeding |
1215 | questioning the validity of such obligations or of the |
1216 | proceedings authorizing the issuance thereof, or of any of the |
1217 | covenants made therein, must be instituted within 20 days after |
1218 | the first publication of such notice, or the validity of such |
1219 | obligations, proceedings, and covenants shall not be thereafter |
1220 | questioned in any court whatsoever. If no such action or |
1221 | proceeding is so instituted within such 20-day period, the |
1222 | validity of such obligations, proceedings, and covenants shall |
1223 | be conclusive, and all persons or parties whatsoever shall be |
1224 | forever barred from questioning the validity of such |
1225 | obligations, proceedings, or covenants in any court whatsoever. |
1226 | (2) The power of the district to issue bonds under the |
1227 | provisions of this act may be determined and any of the bonds of |
1228 | the district may be validated and confirmed by circuit court |
1229 | decree, under the provisions of chapter 75, Florida Statutes, |
1230 | and laws amendatory thereof or supplementary thereto. |
1231 | Section 34. Within act furnishes full authority for |
1232 | issuance of bonds.--This act constitutes full and complete |
1233 | authority for the issuance of bonds and the exercise of the |
1234 | powers of the district provided herein. No procedures or |
1235 | proceedings, publications, notices, consents, approvals, orders, |
1236 | acts, or things by the board, or any board, officers, |
1237 | commission, department, agency, or instrumentality of the |
1238 | district, other than those required by this act, shall be |
1239 | required to issue any bonds or to do any act or perform anything |
1240 | under this act, and the issuance or sale of bonds pursuant to |
1241 | the provisions of this act need not comply with the requirements |
1242 | of any other law applicable to the issuance or sale of bonds, |
1243 | except as otherwise provided in this act, and shall not require |
1244 | the consent or approval of the board of drainage commissioners |
1245 | of the state or of any other board, officers, commission, |
1246 | department, agency, or instrumentality of the state or any |
1247 | political subdivision thereof. Except as otherwise provided |
1248 | herein, no proceedings or procedures of any character whatever |
1249 | shall be necessary or required for the issuance of bonds other |
1250 | than the adoption of an appropriate resolution by the board as |
1251 | provided in this act with respect to the issuance of the same. |
1252 | The powers conferred by this act on the district with respect to |
1253 | the issuance and sale of bonds shall be in addition and |
1254 | supplemental to the powers conferred by any other law. |
1255 | Section 35. Pledge by the state to the bondholders of the |
1256 | district and to the Federal Government.--The state pledges to |
1257 | the holders of any bonds issued under this act that it will not |
1258 | limit or alter the rights of the district to own, acquire, |
1259 | construct, reconstruct, improve, maintain, operate, or furnish |
1260 | the projects or to levy and collect the taxes, assessments, |
1261 | rentals, rates, fees, and other charges provided for herein and |
1262 | to fulfill the terms of any agreement made with the holders of |
1263 | such bonds or other obligations, and that it will not in any way |
1264 | impair the rights or remedies of the holders. |
1265 | Section 36. Ad valorem taxes.--The board shall have the |
1266 | power to levy and assess an ad valorem tax on all the taxable |
1267 | real and tangible personal property in the district to pay the |
1268 | principal of and interest on any general obligation bonds of the |
1269 | district, and to provide for any sinking or other funds |
1270 | established in connection with any such bonds. The ad valorem |
1271 | tax provided for herein shall be in addition to county and all |
1272 | other ad valorem taxes provided for by law. Such tax shall be |
1273 | assessed, levied, and collected in the same manner and same time |
1274 | as county taxes. |
1275 | Section 37. Annual installment taxes.-- |
1276 | (1) The board shall annually determine, order, and levy |
1277 | the annual installment of the total taxes that are levied under |
1278 | chapter 298.36, Florida Statutes, which shall be due and be |
1279 | collected during each year that county taxes are due and |
1280 | collected and said annual installment and levy shall be |
1281 | evidenced to and certified by the board not later than August 31 |
1282 | of each year to the Broward County Property Appraiser. Said tax |
1283 | shall be entered by the county property appraiser on the county |
1284 | tax rolls and shall be collected by the Broward County Tax |
1285 | Collector in the same manner and the same time as county taxes |
1286 | and the proceeds thereof paid to the district. The tax shall be |
1287 | a lien until paid on the property against which assessed and |
1288 | enforceable in like manner as county taxes. |
1289 | (2) In the alternative, the board may by resolution |
1290 | determine the amount of taxes as provided by chapter 298.37, |
1291 | Florida Statutes, and thereafter the annual installments shall |
1292 | be levied, collected, and enforced as provided in chapter 298, |
1293 | Florida Statutes. |
1294 | Section 38. Maintenance tax.--To maintain and preserve the |
1295 | drainage improvements of the district, a maintenance tax shall |
1296 | be evidenced to and certified by the board of supervisors not |
1297 | later than August 31 of each year to the property appraiser and |
1298 | shall be entered by the property appraiser on the county tax |
1299 | rolls and shall be collected by the tax collector in the same |
1300 | manner and time as county taxes and the proceeds therefrom paid |
1301 | to the district. The tax shall be a lien until paid on the |
1302 | property against which assessed and enforceable in like manner |
1303 | as county taxes. If the maintenance is for original construction |
1304 | based upon an apportionment of benefits, the maintenance tax |
1305 | shall be apportioned on the same basis of the net assessments of |
1306 | benefits assessed or accruing for original construction and |
1307 | shall not exceed 10 percent thereof in any one year. If the |
1308 | maintenance is for other drainage improvements owned, operated, |
1309 | or acquired by the district, the amount of said maintenance tax |
1310 | shall be determined by the board based upon a report of the |
1311 | chief engineer and assessed by the board, upon such lands, which |
1312 | may be all of the lands within the district benefited by the |
1313 | maintenance thereof, apportioned between the benefited lands in |
1314 | proportion to the benefits received by each tract of land. |
1315 | Section 39. Enforcement of taxes.--The collection and |
1316 | enforcement of all taxes levied by the district shall be at the |
1317 | same time and in like manner as county taxes and the provisions |
1318 | of the Florida Statutes relating to the sale of lands for unpaid |
1319 | and delinquent county taxes, the issuance, sale, and delivery of |
1320 | tax certificates for such unpaid and delinquent county taxes, |
1321 | the redemption thereof, the issuance to individuals of tax deeds |
1322 | based thereon, and all other procedures in connection therewith |
1323 | shall be applicable to the district to the same extent as if |
1324 | said statutory provisions were expressly set forth herein. All |
1325 | taxes shall be subject to the same discounts as county taxes. |
1326 | Section 40. When unpaid tax is delinquent; penalty.--All |
1327 | taxes provided for in this act shall become delinquent and bear |
1328 | penalties on the amount of said taxes in the same manner as |
1329 | county taxes. |
1330 | Section 41. Tax exemption.--As the exercise of the powers |
1331 | conferred by this act constitute the performance of essential |
1332 | public functions, and as the projects of the district will |
1333 | constitute public property used for public purposes, all assets |
1334 | and properties of the district, and all bonds issued hereunder |
1335 | and interest paid thereon, and all fees, charges, and other |
1336 | revenues derived by the district from the projects provided by |
1337 | this act shall be exempt from all taxes by the state or by any |
1338 | political subdivision, agency, or instrumentality thereof; |
1339 | provided, however, that nothing in this act shall be deemed to |
1340 | exempt from taxation any property, project, facility, or |
1341 | business activity or enterprise that cannot validly be |
1342 | undertaken as a public function by special taxing districts or |
1343 | other public bodies under the laws and constitution of Florida; |
1344 | and further, that nothing in this act shall be deemed to exempt |
1345 | any property, project, facility, or business activity or |
1346 | enterprise of the district, or revenues derived therefrom, which |
1347 | would be subject to taxation under the general laws of Florida |
1348 | if such property, project, or facility were owned or undertaken |
1349 | by a municipal corporation. |
1350 | Section 42. Special assessments.-- |
1351 | (1) The board may provide for the construction or |
1352 | reconstruction of assessable improvements as defined in section |
1353 | 4, and for the levying of special assessments upon benefited |
1354 | property for the payment thereof, under the provisions of this |
1355 | section. |
1356 | (2) Such special assessments may be levied and assessed in |
1357 | either of the alternate methods provided in subsection (6) or |
1358 | subsection (7), and except for such procedure, all the other |
1359 | provisions of this section and this act shall apply to the levy |
1360 | and assessment of such special assessments under either |
1361 | subsection (6) or subsection (7). |
1362 | (3) The initial proceeding under subsection (6) or |
1363 | subsection (7) shall be the passage by the board of a resolution |
1364 | ordering the construction or reconstruction of such assessable |
1365 | improvements, indicating the location by terminal points and |
1366 | routes and either giving a description of the improvements by |
1367 | its material, nature, character, and size or giving two or more |
1368 | descriptions with the directions that the material, nature, |
1369 | character, and size shall be subsequently determined in |
1370 | conformity with one of such descriptions. Drainage improvements |
1371 | need not be continuous and may be in more than one locality. The |
1372 | resolution ordering any such improvement may give any short and |
1373 | convenient designation to each improvement ordered thereby, and |
1374 | the property against which assessments are to be made for the |
1375 | cost of such improvement may give any short and convenient |
1376 | designation to each improvement ordered thereby, and the |
1377 | property against which assessments are to be made for the cost |
1378 | of such improvement may be designated as an assessment district, |
1379 | followed by a letter, number, or name to distinguish it from |
1380 | other assessment districts, after which it shall be sufficient |
1381 | to refer to such improvement and property by such designation in |
1382 | all proceedings and assessments, except in the notices required |
1383 | by this section. |
1384 | (4) As soon as possible after the passage of such |
1385 | resolution, the engineer for the district shall prepare, in |
1386 | duplicate, plans and specifications for each improvement ordered |
1387 | thereby and an estimate of the cost thereof. Such cost shall |
1388 | include, in addition to the items of cost as defined in this |
1389 | act, the following items of incidental expenses: |
1390 | (a) Printing and publishing notices and proceedings. |
1391 | (b) Costs of abstracts of title. |
1392 | (c) Any other expense necessary or proper in conducting |
1393 | the proceedings and work provided for in this section, including |
1394 | the estimated amount of discount, if any, financial expenses |
1395 | upon the sale of assessment bonds, or any other obligations |
1396 | issued hereunder for which such special assessments are to be |
1397 | pledged, and interest prior to and until not more than 2 years |
1398 | after the completion of said assessable improvements. If the |
1399 | resolution shall provide alternative descriptions of material, |
1400 | nature, character, and size, such estimate shall include an |
1401 | estimate of the cost of the improvement of each such |
1402 | description. |
1403 | (5) The district engineer shall next prepare in duplicate |
1404 | a tentative apportionment of the estimated total cost of the |
1405 | improvement as between the district and each lot or parcel of |
1406 | land subject to special assessment under the resolution, such |
1407 | apportionment to be made in accordance with the provisions of |
1408 | the resolution and in relation to apportionment of cost provided |
1409 | herein for the preliminary assessment roll. Such tentative |
1410 | apportionment of total estimated cost shall not be held to limit |
1411 | or restrict the duties of the engineer in the preparation of |
1412 | such preliminary assessment roll under subsection (6). One of |
1413 | the duplicates of such plans, specifications, and estimates and |
1414 | such tentative apportionment shall be filed with the secretary |
1415 | of the board and the other duplicate shall be retained by the |
1416 | engineer in his or her files, all thereof to remain open to |
1417 | public inspection. |
1418 | (6)(a) If the special assessments are to be levied under |
1419 | this subsection, the secretary of the board, upon filing with |
1420 | him or her of such plans, specifications, estimates, and |
1421 | tentative apportionment of cost, shall publish once in a |
1422 | newspaper published in Broward County and of general circulation |
1423 | in the district a notice stating that at a meeting of the board |
1424 | on a certain day and hour, not earlier than 15 days after such |
1425 | publication, the board will hear objections of all interested |
1426 | persons to the confirmation of such resolution, which notice |
1427 | shall state in brief and general terms a description of the |
1428 | proposed assessable improvements with the location thereof, and |
1429 | shall also state that plans, specifications, estimates, and |
1430 | tentative apportionment of cost thereof are on file with the |
1431 | secretary of the board. A copy of the notice shall be mailed to |
1432 | the landowners of the land to be benefited by construction of |
1433 | the assessable improvement. The landowners shall be determined |
1434 | by reference to the last available tax roll of Broward County. |
1435 | The secretary of the board shall keep a record in which shall be |
1436 | inscribed, at the request of any person, firm, or corporation |
1437 | having or claiming to have any interest in any lot or parcel of |
1438 | land, the name and post office address of such person, firm, or |
1439 | corporation, together with a brief description or designation of |
1440 | such lot or parcel, and it shall be the duty of the secretary of |
1441 | the board to mail a copy of such notice to such person, firm, or |
1442 | corporation at such address at least 10 days before the time for |
1443 | the hearing as stated in such notice, but the failure of the |
1444 | secretary of the board to keep such record or so to inscribe any |
1445 | name or address or to mail any such notice shall not constitute |
1446 | a valid objection to holding the hearing as provided in this |
1447 | section or to any other action taken under the authority of this |
1448 | section. |
1449 | (b) At the time named in such notice, or to which an |
1450 | adjournment may be taken by the board, the board shall receive |
1451 | any objections of interested persons and may then or thereafter |
1452 | repeal or confirm such resolution with such amendments, if any, |
1453 | as may be desired by the board and which do not cause any |
1454 | additional property to be specially assessed. |
1455 | (c) All objections to any such resolution on the ground |
1456 | that it contains items which cannot be properly assessed against |
1457 | property, or that it is, for any default or defect in the |
1458 | passage or character of the resolution or the plans or |
1459 | specifications or estimate, void or voidable in whole or in |
1460 | part, or that it exceeds the power of the board, shall be made |
1461 | in writing in person or by attorney, and filed with the |
1462 | secretary of the board at or before the time or adjourned time |
1463 | of such hearing. Any objections against the making of any |
1464 | assessable improvements not so made shall be considered as |
1465 | waived, and if any objection shall be made and overruled or |
1466 | shall not be sustained, the confirmation of the resolution shall |
1467 | be the final adjudication of the issue presented unless proper |
1468 | steps shall be taken in a court of competent jurisdiction to |
1469 | secure relief within 20 days. |
1470 | (d) Whenever any resolution providing for the construction |
1471 | or reconstruction of assessable improvements and for the levying |
1472 | of special assessments upon benefited property for the payment |
1473 | thereof shall have been confirmed, and said special assessments |
1474 | are levied under this subsection, or at any time thereafter, the |
1475 | board may issue assessment bonds payable out of such assessments |
1476 | when collected. Such bonds shall mature not later than 2 years |
1477 | after the maturity of the last annual installment in which said |
1478 | special assessments may be paid, as provided in subsection (7), |
1479 | and shall bear such interest as the board may determine not to |
1480 | exceed 10 percent per year. Such assessment bonds shall be |
1481 | executed, shall have such provisions for redemption prior to |
1482 | maturity, and shall be sold in the manner and be subject to all |
1483 | of the applicable provisions contained in this act applicable to |
1484 | other bonds, except as the same are inconsistent with the |
1485 | provisions of this section. The amount of such assessment bonds |
1486 | for any assessable improvement, prior to the confirmation of the |
1487 | preliminary assessment roll provided for in this subsection, |
1488 | shall not exceed the estimated amount of the cost of such |
1489 | assessable improvements that are to be specially assessed |
1490 | against the lands and real estate of the engineer referred to in |
1491 | this section. |
1492 | (e) After the passage of the resolution authorizing the |
1493 | construction or reconstruction of assessable improvements has |
1494 | been confirmed as provided for in this subsection where special |
1495 | assessments are levied under this subsection, or after the final |
1496 | confirmation of the assessment roll where such assessments are |
1497 | levied under subsection (7), the board may publish at least once |
1498 | in a newspaper published in Broward County and of general |
1499 | circulation in the district a notice calling for sealed bids to |
1500 | be received by the board on a date not earlier than 15 days |
1501 | after the first publication for the construction of the work, |
1502 | unless in the initial resolution the board shall have declared |
1503 | its intention to have the work done by district forces without |
1504 | contract. The notice shall refer in general terms to the extent |
1505 | and nature of the improvements and may identify the same by the |
1506 | short designation indicated in the initial resolution and by |
1507 | reference to the plans and specifications on file. If the |
1508 | initial resolution shall have given two or more alternative |
1509 | descriptions of the assessable improvements as to its material, |
1510 | nature, character, and size, and if the board shall not have |
1511 | theretofore determined upon a definite description, the notice |
1512 | shall call for bids upon each of such descriptions. Bids may be |
1513 | requested for the work as whole or for any part thereof |
1514 | separately and bids may be asked for any one or more of such |
1515 | assessable improvements authorized by the same or different |
1516 | resolutions, but any bid covering work upon more than one |
1517 | improvement shall be in such form as to permit a separation of |
1518 | cost as to each improvement. The notice shall require bidders to |
1519 | file with their bids either a certified check drawn upon an |
1520 | incorporated bank or trust company in such amount or percentage |
1521 | of their respective bids, as the board shall deem advisable, or |
1522 | a bid bond in like amount with corporate surety satisfactory to |
1523 | the board to insure the execution of a contract to carry out the |
1524 | work in accordance with such plans and specifications and insure |
1525 | the filing at the making of such contract, of a bond in the |
1526 | amount of the contract price with corporate surety satisfactory |
1527 | to the board conditioned for the performance of the work in |
1528 | accordance with such contract. The board shall have the right to |
1529 | reject any or all bids, and, if all bids are rejected, the board |
1530 | may readvertise or may determine to do the work by the district |
1531 | forces without contract. |
1532 | (f) Promptly after the completion of the work, in the case |
1533 | of special assessments levied under this subsection, the |
1534 | engineer for the district, who is hereby designated as the |
1535 | official of the district to make the preliminary assessment of |
1536 | benefits from assessable improvements, shall prepare a |
1537 | preliminary assessment roll and file the same with the secretary |
1538 | of the board which roll shall contain the following: |
1539 | 1. A description of abutting lots and parcels of land or |
1540 | lands which will benefit from such assessable improvements and |
1541 | the amount of such benefits to each such lot or parcel of land. |
1542 | Such lots and parcels shall include the property of Broward |
1543 | County and any school district or other political subdivision. |
1544 | There shall also be given the name of the owner of record of |
1545 | each lot or parcel where practicable, and in all cases there |
1546 | shall be given a statement of the method of assessment used by |
1547 | the engineer for determining the benefits. |
1548 | 2. The total cost of the improvements and the amount of |
1549 | incidental expense. |
1550 | (g) The preliminary roll shall be advisory only and shall |
1551 | be subject to the action of the board as hereinafter provided. |
1552 | Upon the filing with the secretary of the board of the |
1553 | preliminary assessment roll, the secretary of the board shall |
1554 | publish at least once in a newspaper published in Broward County |
1555 | and of general circulation in the district a notice stating that |
1556 | at a meeting of the board to be held on a certain day and hour, |
1557 | not less than 15 days after the date of such publication, which |
1558 | meeting may be a regular, adjourned, or special meeting, all |
1559 | interested persons may appear and file written objections to the |
1560 | confirmation of such roll. Such notice shall state the class of |
1561 | the assessable improvements and the location thereof by terminal |
1562 | points and route. |
1563 | (h) At the time and place stated in such notice, the board |
1564 | shall meet and receive the objections in writing of all |
1565 | interested persons as stated in such notice. The board may |
1566 | adjourn the hearing from time to time. After the completion |
1567 | thereof, the board shall annul, sustain, or modify in whole or |
1568 | in part the prima facie assessment as indicated on such roll, |
1569 | either by confirming the prima facie assessment against any or |
1570 | all lots or parcels described therein or by canceling, |
1571 | increasing, or reducing the same, according to the special |
1572 | benefits which the board decides each such lot or parcel has |
1573 | received or will receive on account of such improvement. If any |
1574 | property that may be chargeable under this section shall have |
1575 | been omitted from the preliminary roll or if the prima facie |
1576 | assessment shall not have been made against it, the board may |
1577 | place on such roll an apportionment to such property. The board |
1578 | shall not confirm any assessment in excess of the special |
1579 | benefits to the property assessed and the assessments so |
1580 | confirmed shall be in proportion to the special benefits. |
1581 | Forthwith, after such confirmation, such assessment roll shall |
1582 | be delivered to the secretary of the board. The assessment so |
1583 | made shall be final and conclusive as to each lot or parcel |
1584 | assessed unless proper steps are taken within 30 days in a court |
1585 | of competent jurisdiction to secure relief. If the assessment |
1586 | against any property shall be sustained or reduced or abated by |
1587 | the court, the secretary of the board shall note that fact on |
1588 | the assessment roll opposite the description of the property |
1589 | affected thereby. The amount of the special assessment against |
1590 | any lot or parcel which may be abated by the court, unless the |
1591 | assessment upon all benefited property be abated, or the amount |
1592 | by which such assessment is so reduced, may by resolution of the |
1593 | board be made chargeable against the district at large; or, at |
1594 | the discretion of the board, a new assessment roll may be |
1595 | prepared and confirmed in the manner hereinabove provided for |
1596 | the preparation and confirmation of the original assessment |
1597 | roll. |
1598 | (i) Pending the final confirmation of such special |
1599 | assessments in the manner provided in this subsection, the |
1600 | district shall have a lien on all such lands and real estate |
1601 | after the confirmation of the initial resolution, in the manner |
1602 | provided in this subsection. |
1603 | (7)(a) The district engineer, under the procedure provided |
1604 | for in this subsection, shall next, after the passage of the |
1605 | initial resolution and filing of the plans and estimates of cost |
1606 | by the district engineer, prepare an assessment roll for the |
1607 | district in duplicate, which assessment roll shall contain an |
1608 | apportionment of the estimated total cost of the improvement as |
1609 | between the district and each lot or parcel of land subject to |
1610 | the special assessment under the initial resolution, such |
1611 | apportionment to be made in accordance with the provisions of |
1612 | the initial resolution. One of the duplicates of said assessment |
1613 | roll shall be filed with the secretary of the board and the |
1614 | other duplicate shall be retained by the district engineer in |
1615 | his or her files, all thereof to remain open to public |
1616 | inspection. |
1617 | (b) Upon the completion and filing of said assessment |
1618 | roll, the secretary to the board shall cause a copy thereof to |
1619 | be published once in a newspaper published in Broward County and |
1620 | of general circulation in the district, together with a notice |
1621 | directed to all property owners interested in said special |
1622 | assessments, stating that at a meeting of the board on a certain |
1623 | day and hour, not earlier than 15 days after such publication, |
1624 | the board sitting as an equalizing board will hear objections of |
1625 | all interested persons to the final confirmation of such |
1626 | assessment roll and will finally confirm such assessment roll or |
1627 | take such action relative thereto as it deems necessary and |
1628 | advisable. A copy of the notice shall be mailed to the |
1629 | landowners of the land to be benefited by construction of the |
1630 | assessable improvement. The landowners shall be determined by |
1631 | reference to the last available tax roll of Broward County. The |
1632 | secretary of the board shall keep a record in which shall be |
1633 | inscribed, at the request of any person, firm, or corporation |
1634 | having or claiming to have any interest in any lot or parcel of |
1635 | land, the name and post office address of such person, firm, or |
1636 | corporation, together with a brief description or designation of |
1637 | such lot or parcel, and it shall be the duty of the secretary of |
1638 | the board to mail a copy of such notice to such person, firm, or |
1639 | corporation at such address at least 10 days before the time for |
1640 | the hearing as stated in such notice, but the failure of the |
1641 | secretary of the board to keep such record or so to inscribe any |
1642 | name or address or to mail any such notice shall not constitute |
1643 | a valid objection to holding the hearing as provided in this |
1644 | section or to any other action taken under the authority of this |
1645 | section. |
1646 | (c) At the time and place named in the notice provided for |
1647 | in paragraph (b), the board shall meet as an equalizing board to |
1648 | hear and consider any and all complaints as to said special |
1649 | assessments, and shall adjust and equalize the said special |
1650 | assessments on a basis of justice and right, and when so |
1651 | equalized and approved such special assessments shall stand |
1652 | confirmed and remain legal, valid, and binding liens upon the |
1653 | properties upon which such special assessments are made, until |
1654 | paid in accordance with the provisions of this act; provided, |
1655 | however, that upon the completion of such improvements, if the |
1656 | actual cost of such assessable improvements is less than the |
1657 | amount of such special assessments levied, the district shall |
1658 | rebate to the owners of any properties which shall have been |
1659 | specially assessed for such assessable improvements the |
1660 | difference in the special assessments as originally made, |
1661 | levied, and confirmed, and the proportionate part of the actual |
1662 | cost of said assessable improvements as finally determined upon |
1663 | the completion of said assessable improvements; and in the event |
1664 | that the actual cost of said assessable improvements shall be |
1665 | more than the amount of such special assessments confirmed and |
1666 | levied, finally determined upon the completion of said |
1667 | assessable improvements, the proportionate part of such excess |
1668 | cost of such assessable improvements may be levied against all |
1669 | of the lands and properties against which such special |
1670 | assessments were originally levied, or, in the alternative, the |
1671 | board may, in its discretion, pay such excess cost from any |
1672 | legally available funds. |
1673 | (d) All objections to any such assessment roll on the |
1674 | ground that it contains items which cannot be properly assessed |
1675 | against property, or that it is, for any default or defect in |
1676 | the passage or character of the assessment roll or the plans or |
1677 | specifications or estimate, void or voidable in whole or in |
1678 | part, or that it exceeds the power of the board, shall be made |
1679 | in writing in person or by attorney, and filed with the |
1680 | secretary of the board at or before the time or adjourned time |
1681 | of such hearing on the assessment roll. Any objections against |
1682 | the making of any assessable improvements not so made shall be |
1683 | considered as waived, and if any objections shall be made and |
1684 | overruled or shall not be sustained, the confirmation of the |
1685 | assessment roll shall be the final adjudication of the issue |
1686 | presented unless proper steps shall be taken in a court of |
1687 | competent jurisdiction to secure relief within 20 days. |
1688 | (e) All the provisions of subsection (6) not inconsistent |
1689 | with this subsection shall apply to the levy of special |
1690 | assessments under this subsection. |
1691 | (8)(a) Any assessment may be paid at the office of the |
1692 | secretary of the board within 60 days after the confirmation |
1693 | thereof, without interest. Thereafter, all assessments shall be |
1694 | payable in equal installments, with interest as determined by |
1695 | the board, not to exceed 10 percent per year, from the |
1696 | expiration of said 60 days in each of the succeeding number of |
1697 | years that the board shall determine by resolution, not |
1698 | exceeding 20; provided, however, that the board may provide that |
1699 | any assessment may be paid at any time before due, together with |
1700 | interest accrued thereon to the date of payment, if such prior |
1701 | payment shall be permitted by the proceedings authorizing any |
1702 | assessment bonds or other obligations for the payment of which |
1703 | such special assessments have been pledged. |
1704 | (b) All such special assessments levied pursuant to this |
1705 | act may, in the discretion of the board, be collected by the tax |
1706 | collector of the county at the same time as the general county |
1707 | taxes are collected by the tax collector of the county, and the |
1708 | board shall in such event certify to the county tax collector in |
1709 | each year a list of all such special assessments and a |
1710 | description of and names of the owners of the properties against |
1711 | which such special assessments have been levied and the amounts |
1712 | due thereof in such year, and interest thereon for any |
1713 | deficiencies for prior years. The amount to be collected in such |
1714 | year may include, in the discretion of the board, the principal |
1715 | installment of such special assessments which will become due at |
1716 | any time in the next succeeding fiscal year, and all or any part |
1717 | of the interest which will become due on such special |
1718 | assessments during such next fiscal year, together with any |
1719 | deficiencies for prior years. |
1720 | (c) The board may in lieu of providing for the collection |
1721 | of said special assessments by the tax collector of the county, |
1722 | provide for the collection of said special assessments by the |
1723 | district under such terms and conditions as the board shall |
1724 | determine. In such event, the bills or statements for the |
1725 | amounts due in any fiscal year shall be mailed to the owners of |
1726 | all properties affected by such special assessments at such time |
1727 | or times as the board shall determine and such bills or |
1728 | statements may include all or any part of the principal and |
1729 | interest which will mature and become due on the annual |
1730 | installments of such special assessments during the fiscal year |
1731 | in which installments of such special assessments are payable. |
1732 | (d) All charges of the county tax collector or of the |
1733 | district, and the fees, costs, and expenses of any paying |
1734 | agents, trustees, or other fiduciaries for assessment bonds |
1735 | issued under this act, shall be deemed to be costs of the |
1736 | operation and maintenance of any drainage improvements in |
1737 | connection with which such special assessments were levied and |
1738 | the board shall be authorized and directed to provide for the |
1739 | payment each year of such costs of collection, fees, and other |
1740 | expenses from the maintenance tax as provided in this act as |
1741 | shall be mutually agreed upon between the board and the county |
1742 | tax collector as additional compensation for his or her services |
1743 | for each such assessment district in which the special |
1744 | assessments are collected by him or her. |
1745 | (e) All assessments shall constitute a lien upon the |
1746 | property so assessed from the date of final confirmation |
1747 | thereof, of the same nature and to the same extent as the lien |
1748 | for general county taxes falling due in the same year or years |
1749 | in which such assessments or installments thereof fall due, and |
1750 | any assessment or installment not paid when due shall be |
1751 | collectable with such interest and with a reasonable attorney?s |
1752 | fee and costs, but without penalties, by the district by |
1753 | proceedings in a court of equity to foreclose the line of |
1754 | assessments as a lien for mortgages is or may be foreclosed |
1755 | under the laws of the state; provided that any such proceedings |
1756 | to foreclose shall embrace all installments of principal |
1757 | remaining unpaid with accrued interest thereon, which |
1758 | installments shall, by virtue of the institution of such |
1759 | proceedings, immediately become due and payable. Nevertheless, |
1760 | if, prior to any sale of the property under decree of |
1761 | foreclosure in such proceedings, payment is made of the |
1762 | installment or installments which are shown to be due under the |
1763 | provisions of subsection (6) or subsection (7) and all costs, |
1764 | including interest and reasonable attorney?s fees, such payment |
1765 | shall have the effect of restoring the remaining installments to |
1766 | their original maturities as provided by the resolution passed |
1767 | pursuant to this subsection and the proceedings shall be |
1768 | dismissed. It shall be the duty of the board to enforce the |
1769 | prompt collection of assessment by the means herein provided, |
1770 | and such duty may be enforced at the suit of any holder of bonds |
1771 | issued under this act in a court of competent jurisdiction by |
1772 | mandamus or other appropriate proceedings or action. Not later |
1773 | than 30 days after the annual installments are due and payable, |
1774 | it shall be the duty of the board to direct the attorney for the |
1775 | district to institute actions within 2 months after such |
1776 | direction to enforce the collection of all special assessments |
1777 | for assessable improvements made under this section and |
1778 | remaining due and unpaid at the time of such direction. Such |
1779 | action shall be prosecuted in the manner and under the |
1780 | conditions in and under which mortgages are foreclosed under the |
1781 | laws of the state. It shall be lawful to join in one action the |
1782 | collection of assessments against any or all property assessed |
1783 | by virtue of the same assessment roll unless the court shall |
1784 | deem such joinder prejudicial to the interest of any defendant. |
1785 | The court shall allow a reasonable attorney?s fee for the |
1786 | attorney for the district and the same shall be collectable as a |
1787 | part of or in addition to the costs of the action. At the sale |
1788 | pursuant to decree in any such action, the district may be a |
1789 | purchaser to the same extent as an individual person or |
1790 | corporation, except that the part of the purchase price |
1791 | represented by the assessments sued upon and the interest |
1792 | thereon need not be paid in cash. Property so acquired by the |
1793 | district may be sold or otherwise disposed of. |
1794 | (f) All assessments and charges made under the provisions |
1795 | of this section for the payment of all or any part of the cost |
1796 | of any assessable improvements for which assessment bonds shall |
1797 | have been issued under the provisions of this act, or which have |
1798 | been pledged as additional security for any other bonds or |
1799 | obligations issued under this act, shall be maintained in a |
1800 | special fund or funds and be used only for the payment of |
1801 | principal or interest on such assessment bonds or other bonds or |
1802 | obligations. |
1803 | (g) Broward County and each school district and other |
1804 | political subdivision wholly or partly within the district shall |
1805 | possess the same power and be subject to the same duties and |
1806 | liabilities in respect of assessments under this section |
1807 | affecting the real estate of such county, school district, or |
1808 | other political subdivision that private owners of real estate |
1809 | possess or are subject to hereunder, and such real estate of any |
1810 | such county, school district, and political subdivision shall be |
1811 | subject to liens for said assessments in all cases where the |
1812 | same property would be subject to such liens had it at the time |
1813 | the lien attached been owned by a private owner. |
1814 | Section 43. Issuance of certificates of indebtedness based |
1815 | on assessments for assessable improvements; assessment bonds.-- |
1816 | (1) The board may, after any assessments for assessable |
1817 | improvements are made, determined, and confirmed as provided in |
1818 | section 42, issue certificates of indebtedness for the amount so |
1819 | assessed against the abutting property or property otherwise |
1820 | benefited, as the case may be, and separate certificates shall |
1821 | be issued against each part or parcel of land or property |
1822 | assessed, which certificates shall state the general nature of |
1823 | the improvement for which the said assessment is made. Said |
1824 | certificates shall be payable in annual installments in |
1825 | accordance with the installments of the special assessment for |
1826 | which they are issued. The board may determine the interest to |
1827 | be borne by such certificates, not to exceed 10 percent per |
1828 | year, and may sell such certificates at either private or public |
1829 | sale and determine the form, manner of execution, and other |
1830 | details of such certificates. Such certificates shall recite |
1831 | that they are payable only from the special assessments levied |
1832 | and collected from the part or parcel of land or property |
1833 | against which they are issued. The proceeds of such certificates |
1834 | may be pledged for the payment of principal of and interest on |
1835 | any revenue bonds or general obligation bonds issued to finance |
1836 | in whole or in part such assessable improvement, or, if not so |
1837 | pledged, may be used to pay the cost or part of the cost of such |
1838 | assessable improvements. |
1839 | (2) The district may also issue assessment bonds or other |
1840 | obligations payable from a special fund into which such |
1841 | certificates of indebtedness referred to in subsection (1) may |
1842 | be deposited; or, if such certificates of indebtedness have not |
1843 | been issued, the district may assign to such special fund for |
1844 | the benefit of the holders of such assessment bonds or other |
1845 | obligations, or to a trustee for such bondholders, the |
1846 | assessment liens provided for in this act unless such |
1847 | certificates of indebtedness or assessment liens have been |
1848 | theretofore pledged for any bonds or other obligations |
1849 | authorized hereunder. In the event of the creation of such |
1850 | special fund and the issuance of such assessment bonds or other |
1851 | obligations, the proceeds of such certificates of indebtedness |
1852 | of assessment liens deposited therein shall be used only for the |
1853 | payment of the assessment bonds or other obligations issued as |
1854 | provided in this section. The district is hereby authorized to |
1855 | covenant with the holders of such assessment bonds or other |
1856 | obligations that it will diligently and faithfully enforce and |
1857 | collect all the special assessments and interest and penalties |
1858 | thereon for which such certificates of indebtedness or |
1859 | assessment liens have been deposited in or assigned to such fund |
1860 | and to foreclose such assessment liens so assigned to such |
1861 | special fund or represented by the certificates of indebtedness |
1862 | deposited in said special fund, after such assessment liens have |
1863 | become delinquent, and deposit the proceeds derived from such |
1864 | foreclosure, including interest and penalties, in such special |
1865 | fund, and to make any other covenants deemed necessary or |
1866 | advisable in order to properly secure the holders of such |
1867 | assessment bonds or other obligations. |
1868 | (3) The assessment bonds or other obligations issued |
1869 | pursuant to this section shall have such dates of issue and |
1870 | maturity as shall be deemed advisable by the board, provided, |
1871 | however, that the maturities of such assessment bonds or other |
1872 | obligations shall not be more than 2 years after the due date of |
1873 | the last installment which will be payable on any of the special |
1874 | assessments for which such assessment liens, or the certificates |
1875 | of indebtedness representing such assessment liens, are assigned |
1876 | to or deposited in such special fund. |
1877 | (4) Such assessment bonds or other obligations issued |
1878 | pursuant to this section shall bear such interest as the board |
1879 | may determine not to exceed 10 percent per year, shall be |
1880 | executed, shall have such provisions for redemption prior to |
1881 | maturity, and shall be sold in the manner and be subject to all |
1882 | of the applicable provisions contained in this act for revenue |
1883 | bonds, except as the same may be inconsistent with the |
1884 | provisions of this section. |
1885 | (5) All assessment bonds or other obligations issued under |
1886 | the provisions of this act, except certificates of indebtedness |
1887 | issued against separate lots or parcels of land or property as |
1888 | provided in this section, shall be and constitute and have all |
1889 | the qualities and incidents of negotiable instruments under the |
1890 | law merchange and the laws of the state. |
1891 | Section 44. Foreclosure of liens.--Any lien in favor of |
1892 | the district arising under chapter 298, Florida Statutes, or |
1893 | under this act may be foreclosed by the district by foreclosure |
1894 | proceedings in the name of the district in the circuit court in |
1895 | like manner as is provided in chapter 173, Florida Statutes, and |
1896 | amendments thereto, and the provisions of said chapter shall be |
1897 | applicable to such proceedings with the same force and effect as |
1898 | if said provisions were expressly set forth in this act. Any act |
1899 | required or authorized to be done by or on behalf of a city or |
1900 | town in foreclosure proceedings under chapter 173, Florida |
1901 | Statutes, may be performed by such officer or agent of the |
1902 | district as the board of supervisors may designate. Such |
1903 | foreclosure proceedings may be brought at any time after the |
1904 | expiration of 1 year after the date any tax, or installment |
1905 | thereof, becomes delinquent. |
1906 | Section 45. Payment of taxes and redemption of tax liens |
1907 | by the district; sharing in proceeds of tax sale under section |
1908 | 194.21, Florida Statutes, as amended.-- |
1909 | (1) The district has the right to: |
1910 | (a) Pay any delinquent state, county, district, municipal, |
1911 | or other tax or assessment upon lands located wholly or |
1912 | partially within the boundaries of the district. |
1913 | (b) Redeem or purchase any tax sales certificate issued or |
1914 | sold on account of any state, county, district, municipality, or |
1915 | other taxes or assessments upon lands located wholly or |
1916 | partially within the boundaries of the district. |
1917 | (2) Delinquent taxes paid, or tax sales certificates |
1918 | redeemed or purchased, by the district, together with all |
1919 | penalties for the default in payment of the same and all costs |
1920 | in collecting the same and a reasonable attorney?s fee, shall |
1921 | constitute a lien in favor of the district of equal dignity with |
1922 | the liens of state and county taxes and other taxes of equal |
1923 | dignity with state and county taxes, upon all the real property |
1924 | against which said taxes were levied. The lien of the district |
1925 | may be foreclosed in the manner provided in this act. |
1926 | (3) In any sale of land pursuant to section 194.21, |
1927 | Florida Statutes, and amendments thereto, the district may |
1928 | certify to the clerk of the circuit court of the county holding |
1929 | such sale the amount of taxes due to the district upon the lands |
1930 | sought to be sold, and the district shall share in the |
1931 | disbursement of the sales proceeds in accordance with the |
1932 | provisions of this act and under law. |
1933 | Section 46. Mandatory use of certain district facilities |
1934 | and services.--The district may require all lands, buildings, |
1935 | and premises, and all persons, firms, and corporations within |
1936 | the district to use the drainage, reclamation, and water and |
1937 | sewer facilities of the district. Subject to such exceptions as |
1938 | may be provided by the resolutions, rules, or bylaws of the |
1939 | board, and subject to the terms and provisions of any resolution |
1940 | authorizing any bonds and agreements with bondholders, no |
1941 | drainage and reclamation or water and sewer facilities shall be |
1942 | constructed or operated within the district unless the board |
1943 | gives its consent thereto and approves the plans and |
1944 | specifications therefor. |
1945 | Section 47. Bids required.--No contract shall be let by |
1946 | the board for the construction or maintenance of any project |
1947 | authorized by this act, nor shall any goods, supplies, or |
1948 | materials be purchased when the amount thereof to be paid by |
1949 | said district shall exceed $4,000, unless notice of bids shall |
1950 | be advertised once a week for 2 consecutive weeks in a newspaper |
1951 | published in Broward County and of general circulation in the |
1952 | district, and in each case the bid of the lowest responsible |
1953 | bidder shall be accepted, unless all bids are rejected because |
1954 | the bids are too high. The board may require the bidders to |
1955 | furnish bond with responsible surety to be approved by the |
1956 | board. Nothing in this section shall prevent the board from |
1957 | undertaking and performing the construction, operation, and |
1958 | maintenance of any project or facility authorized by this act, |
1959 | by the employment of labor, material, and machinery. |
1960 | Section 48. Maintenance of projects across |
1961 | rights-of-ways.?The district shall have the power to construct |
1962 | and operate its projects in, along, or under any dedications to |
1963 | the public, platted rights-of-ways, platted reservations, |
1964 | streets, alleys, highways, or other public places or ways, and |
1965 | across any drain, ditch, canal, floodway, holding basin, |
1966 | excavation, grade, fill, or cut, within or without the district. |
1967 | Section 49. Agreements with state commissions and |
1968 | others.--The board shall have the power to retain and enter into |
1969 | agreements with fiscal agents, financial advisors, state |
1970 | commissions, engineers, and other consultants or advisors with |
1971 | respect to the issuance and sale of any bonds, and the cost and |
1972 | expense thereof may be treated as part of the cost and expense |
1973 | of such project. Upon request of the board, any state commission |
1974 | may provide such technical assistance or other services relating |
1975 | to bond issues as may be necessary or desirable under the |
1976 | circumstances. |
1977 | Section 50. Agreements with other political bodies for the |
1978 | joint discharge of common functions.--The board and any other |
1979 | political bodies, whether now in existence or hereafter created, |
1980 | are authorized to enter into and carry into effect contracts and |
1981 | agreements relating to the common powers, duties, and functions |
1982 | of the board and any other political bodies, to the end that |
1983 | there may be effective cooperation and coordination in |
1984 | discharging their common functions, powers, and duties. |
1985 | Section 51. Fees, rentals, and charges; procedure for |
1986 | adoption and modifications; minimum revenue requirements.-- |
1987 | (1) The district is authorized to prescribe, fix, |
1988 | establish, and collect rates, fees, rentals, or other charges, |
1989 | hereinafter sometimes referred to by the term ?revenues,? and to |
1990 | revise the same from time to time, for the facilities and |
1991 | services furnished by the district, within or without the limits |
1992 | of the district, including, but not limited to, drainage |
1993 | facilities, recreation facilities, and water and sewer systems, |
1994 | to recover the costs of making connection with any district |
1995 | facility or system; and to provide for reasonable penalties |
1996 | against any user or property for any such rates, fees, rentals, |
1997 | or other charges that are delinquent. |
1998 | (2) No such rates, fees, rentals, or other charges for any |
1999 | of the facilities or services of the district shall be fixed |
2000 | until after a public hearing at which all the users of the |
2001 | proposed facility or services or owners, tenants, or occupants |
2002 | served or to be served thereby and all other interested persons |
2003 | shall have an opportunity to be heard concerning the proposed |
2004 | rates, fees, rentals, or other charges. Notice of such public |
2005 | hearing setting forth the proposed schedule or schedules of |
2006 | rates, fees, rentals, and other charges shall have been |
2007 | published in a newspaper in Broward County and of general |
2008 | circulation in the district at least once at least 10 days prior |
2009 | to such public hearing, which may be adjourned from time to |
2010 | time. After such hearing, such schedule or schedules, either as |
2011 | initially proposed, or as modified or amended, may be finally |
2012 | adopted. A copy of the schedule or schedules of such rates, |
2013 | fees, rentals, or charges as finally adopted shall be kept on |
2014 | file in an office designated by the board and shall be open at |
2015 | all reasonable times to public inspection. The rates, fees, |
2016 | rentals, or charges so fixed for any class of users or property |
2017 | served shall be extended to cover any additional users or |
2018 | properties thereafter served that shall fall in the same class, |
2019 | without the necessity of any notice or hearing. Any change or |
2020 | revision of rates, fees, rentals, or charges may be made in the |
2021 | same manner as the same were originally established, as |
2022 | hereinabove provided, except that if such changes or revisions |
2023 | are made substantially pro rata as to all classes of the type of |
2024 | service involved, no notice or hearing shall be required. |
2025 | (3) Such rates, fees, rentals, and charges shall be just |
2026 | and equitable and uniform for users of the same class, and where |
2027 | appropriate may be based or computed either upon the amount of |
2028 | service furnished or upon the number or average number of |
2029 | persons residing or working or otherwise occupying the premises |
2030 | served, or upon any other factor affecting the use of the |
2031 | facilities furnished, or upon any combination of the foregoing |
2032 | factors, as may be determined by the board on an equitable |
2033 | basis. |
2034 | (4) The rates, fees, rentals, or other charges prescribed |
2035 | shall be such as will produce revenues, together with any other |
2036 | assessments, taxes, revenues, or funds available or pledged for |
2037 | such purpose, at least sufficient to provide for the items |
2038 | hereinafter listed, but not necessarily in the order stated: |
2039 | (a) To provide for all expenses of operation and |
2040 | maintenance of such facility or service. |
2041 | (b) To pay when due all bonds and interest thereon for the |
2042 | payment of which such revenues are, or shall have been, pledged |
2043 | or encumbered, including reserves for such purpose. |
2044 | (c) To provide for any other funds that may be required |
2045 | under the resolution or resolutions authorizing the issuance of |
2046 | bonds pursuant to this act. |
2047 | (5) The board shall have the power to enter into contracts |
2048 | for the use of the projects of the district and with respect to |
2049 | the services and facilities furnished or to be furnished by the |
2050 | district, including, but not limited to, service agreements with |
2051 | landowners and others within or without the district providing |
2052 | for the drainage of land by the district or the furnishing of |
2053 | any of the other services and facilities of the district, for |
2054 | such consideration and on such other terms and conditions as the |
2055 | board may approve. No hearing or notice thereof shall be |
2056 | required prior to the authorization or execution by the board of |
2057 | any such contract or agreement, and the same shall not be |
2058 | subject to revision except in accordance with their terms. Such |
2059 | contracts or agreements, and revenues or service charges |
2060 | received or to be received by the district thereunder, may be |
2061 | pledged as security for any of the lands of the district. |
2062 | Section 52. Recovery of delinquent charges.--In the event |
2063 | that any of the rates, fees, rentals, charges, or delinquent |
2064 | penalties shall not be paid as and when due and shall be in |
2065 | default for 30 days or more, the unpaid balance thereof and all |
2066 | interest accrued thereon, together with reasonable attorney?s |
2067 | fees and costs, may be recovered by the district in a civil |
2068 | action. |
2069 | Section 53. Discontinuance of service.--In the event that |
2070 | the fees, rentals, or other charges for the services and |
2071 | facilities of any project are not paid when due, the board shall |
2072 | have the power to discontinue and shut off the same until such |
2073 | fees, rentals, or other charges, including interest, penalties, |
2074 | and charges for the shutting off and discontinuance and the |
2075 | restoration of such services and facilities, are fully paid, and |
2076 | for such purposes may enter on any lands, waters, and premises |
2077 | of any person, firm, corporation, or body, public or private, |
2078 | within or without the district limits. Such delinquent fees, |
2079 | rentals, or other charges, together with interest, penalties, |
2080 | and charges for the shutting off and discontinuance and the |
2081 | restoration of such services and facilities, and the reasonable |
2082 | attorney?s fees and other expenses, may be recovered by the |
2083 | district, which may also enforce payment of such delinquent |
2084 | fees, rentals, or other charges by any other lawful method of |
2085 | enforcement. |
2086 | Section 54. Action taken on consent of landowners.--Any |
2087 | action required under this act or under chapter 298, Florida |
2088 | Statutes, to be taken on public hearing for the purpose of |
2089 | receiving and passing on objections by landowners may be taken |
2090 | without such notice or hearing upon the written consent of all |
2091 | of the landowners affected by such action. |
2092 | Section 55. Enforcement and penalties.--The board or any |
2093 | aggrieved person may have recourse to such remedies in law and |
2094 | equity as may be necessary to ensure compliance with the |
2095 | provisions of this act, including injunctive relief to enjoin or |
2096 | restrain any person violating the provisions of this act, and |
2097 | any bylaws, resolutions, regulations, rules, codes, and orders |
2098 | adopted under this act. In case any building or structure is |
2099 | erected, constructed, reconstructed, altered, repaired, |
2100 | converted, or maintained, or any building, structure, land, or |
2101 | water is used, in violation of this act, or of any code, order, |
2102 | resolution, or other regulation made under authority conferred |
2103 | by this act or under law, the board and any citizen residing in |
2104 | the district may institute any appropriate action or proceeding |
2105 | to prevent such unlawful erection, construction, reconstruction, |
2106 | alteration, repair, conversion, maintenance, or use; to |
2107 | restrain, correct, or avoid such violation; to prevent the |
2108 | occupancy of such building, structure, land, or water; and to |
2109 | prevent any illegal act, conduct, business, or use in or about |
2110 | such premises, land, or water. |
2111 | Section 56. Suits against the district.--No suit or action |
2112 | shall be brought or maintained against the district for damages |
2113 | arising out of tort or breach of contract, including, without |
2114 | limitation, any claim arising upon account of an act causing a |
2115 | wrongful death, unless written notice of such claim is received |
2116 | within 180 days after receiving the alleged injury given to the |
2117 | secretary of the board, with detailed specifications as to the |
2118 | time, place, and manner of injury. No such suit or action shall |
2119 | be brought or maintained unless brought within 24 months after |
2120 | the time of the injury or damages. |
2121 | Section 57. Exemption of district property from |
2122 | execution.--All district property shall be exempt from levy and |
2123 | sale by virtue of an execution and no execution or other |
2124 | judicial process shall issue against such property, nor shall |
2125 | any judgment against the district be a charge or lien on its |
2126 | property or revenues, provided that nothing herein contained |
2127 | shall apply to or limit the rights of bondholders to pursue any |
2128 | remedy for the enforcement of any lien or pledge given by the |
2129 | district in connection with any of the bonds or obligations of |
2130 | the district. |
2131 | Section 4. Chapters 70-617 and 89-419, Laws of Florida, |
2132 | are repealed. |
2133 | Section 5. If any one or more of the sections or |
2134 | provisions of this act or the application of such sections or |
2135 | provisions to any situation, circumstance, or person shall for |
2136 | any reason be held to be unconstitutional, such |
2137 | unconstitutionality shall not affect any other sections or |
2138 | provisions as to any other situation, circumstance, or person, |
2139 | and it is intended that this law shall be construed and applied |
2140 | as if such section or provision had not been included herein for |
2141 | any unconstitutional application. |
2142 | Section 6. This act shall take effect upon becoming a law. |