Senate Bill sb3188er

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  1                                 

  2         An act relating to the North Lauderdale Water

  3         Control District, Broward County; amending,

  4         reenacting, repealing, and codifying chapters

  5         97-370, 94-428, 85-385, 82-273, and 63-661,

  6         Laws of Florida, relating to the North

  7         Lauderdale Water Control District; revising

  8         district boundaries; revising the powers of the

  9         district, to provide that the district may

10         borrow money at a rate not exceeding that which

11         is provided by law; providing that the members

12         of the board of supervisors shall be the "city

13         commission," rather than the "city council," of

14         the City of North Lauderdale and that a board

15         chair and vice chair shall be elected at each

16         annual meeting and as necessary to fill

17         vacancies; providing meeting notice

18         requirements and requiring that meetings be

19         held at a public place; providing that the City

20         Clerk of the City of North Lauderdale shall

21         serve as the district secretary; providing for

22         reimbursement of supervisors for travel

23         expenses pursuant to section 112.061, Florida

24         Statutes; providing that the interest rate on

25         bonds issued by the board not exceed the

26         maximum rate allowed by law; providing that the

27         interest rates on tax anticipation notes issued

28         by the board shall not exceed the maximum rate

29         allowed by law; deleting provision relating to

30         payment of taxes not authorized in advance;

31         providing for the use of non-ad valorem


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 1         assessments; updating references to chapter

 2         298, Florida Statutes; providing for

 3         severability; providing an effective date.

 4  

 5  Be It Enacted by the Legislature of the State of Florida:

 6  

 7         Section 1.  Pursuant to section 189.429, Florida

 8  Statutes, this act constitutes a codification of all special

 9  acts relating to the dependent special district known as the

10  North Lauderdale Water Control District. It is the intent of

11  the Legislature in enacting this law to provide a single,

12  comprehensive special act charter for the district, including

13  all current legislative authority granted to the district by

14  its several legislative enactments and any additional

15  authority granted by this act.

16         Section 2.  Chapters 63-661, 82-273, 85-385, 94-428,

17  and 97-370, Laws of Florida, are codified, reenacted, amended,

18  and repealed as herein provided.

19         Section 3.  The North Lauderdale Water Control District

20  is re-created and reenacted to read:

21         Section 1.  District created and boundaries

22  thereof.--That for the purpose of reclaiming, draining, and

23  conserving the lands hereinafter described, and protecting

24  said lands from the effects of water by means of the

25  construction and maintenance of canals, ditches, levees,

26  dikes, pumping plants, and other drainage works and

27  improvements, and for the purpose of making the lands within

28  said district available and habitable for settlement and

29  agriculture and for the public convenience, welfare, utility,

30  and benefit, and for the other purposes stated in this act, a

31  drainage district is hereby established in Broward County, to


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 1  be known as the "North Lauderdale Water Control District," a

 2  drainage district, the territorial boundaries of which are

 3  to-wit:

 4  

 5              The City of North Lauderdale, being a

 6         portion of Sections 1,2,3,10,11 and 12, of

 7         Township 49 South, Range 41 East, of Section

 8         34, of Township 48 South Range 41 East, and a

 9         portion of Section 6 and 7 of Township 49

10         South, Range 41 East. All in Broward County,

11         Florida, being more particularly described as

12         follows:

13              BEGIN at the Southwest corner of Section

14         35; Township 48 South, Range 41 East;

15              THENCE N 89° 50'31" E along the South line

16         of Section 35, Township 48 South, same being

17         the North line of Section 2, Township 49 South,

18         Range 41 East, distance of 4233.31 feet to the

19         Northeast corner of said Section 1, Township 49

20         South, Range 41 East;

21              THENCE S 01° 40'11" E along the East line

22         of said Section 1 a distance of 2268.50 feet to

23         the South line of a 80' canal right-of-way as

24         shown on KIMBERLY FOREST, according to the plat

25         thereof, as recorded in Plat Book 68, Page 31

26         of the Public Records of Broward County,

27         Florida;

28              THENCE N 89° 39'55" E along said South

29         right-of-way line a distance of 2586.31 feet to

30         the East right-of-way line of Southwest 64th

31         Terrace, a 60.00 foot right-of-way as shown on


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 1         KIMBERLY VILLAGE- Section 3, according to the

 2         plat thereof, as recorded in Plat Book of, Page

 3         13 of the Public Records of Broward County,

 4         Florida;

 5              THENCE S 01° 40'52" E along said East

 6         right-of-way line a distance of 657.68 feet to

 7         the Northwest corner of Lot 14, Block 17, of

 8         KIMBERLY VILLAGE- Section Two according to the

 9         plat thereof as recorded in Plat Book 66, Page

10         6 of the Public Records of Broward County,

11         Florida;

12              THENCE N 89° 37'08" East along the North

13         line of said KIMBERLY VILLAGE-Section Two and

14         along the North line of KIMBERLY

15         VILLAGE-Section 1 according to the Plat

16         thereof, as recorded in Plat Book 65, Page 16

17         of the Public Records of Broward County,

18         Florida and the Easterly prolongation thereof

19         of 2562.16 feet to a point on the right-of-way

20         line of State Road Number 7, a 100.00 foot

21         (1/2) right-of-way as shown on KELLY PLAT,

22         according to the plat thereof as recorded in

23         Plat Book 136, Page 39 of the Public Records of

24         Broward County, Florida;

25              THENCE N 90°00'00" E a distance of 7.61

26         feet;

27              THENCE S 06°30'04" W a distance of 12.46

28         feet;

29              THENCE S 01°43'32" E along said West

30         right-of-way line a distance of 351.72 feet;

31  


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 1              THENCE N 88°16'28" E a distance of 180.28

 2         feet to a point on the West right-of-way line

 3         of State Road Number 7, a 80 foot more or less

 4         (1/2) right-of-way as shown on SERINO PARK,

 5         Section 3, according to the Plat thereof, as

 6         recorded in Plat Book 81, Page 46 of the Public

 7         Records of Broward County, Florida;

 8              THENCE S 01°36'29" E along said

 9         right-of-way line a distance of 1524.08 feet to

10         the South right-of-way line of S.W. 11th Street

11         a 50.00 right-of-way as shown on HERITAGE

12         PINES, according to the plat thereof, as

13         recorded in Plat Book 99, Page 10 of the Public

14         Records of Broward County, Florida;

15              THENCE N 89°22'00" E along said South

16         right-of-way line a distance of 335.91 feet;

17              THENCE S 01°42'30" E a distance of 712.89

18         feet to a point on the South line of OAKLAND

19         HILLS 7th Section, according to the plat

20         thereof as recorded in Plat Book 81, Page 30 of

21         the Public Records of Broward County, Florida,

22         said point also being the North right-of-way

23         line of an unnamed 20 right-of-way being a part

24         of THE PALM BEACH FARMS COUNTY PLAT NO. 3

25         according to the plat thereof, as recorded in

26         Plat Book 2, Pages 45-54 of the Public Records

27         of Palm Beach County, Florida.

28              THENCE N 89°21'59" E along the South line

29         of said OAKLAND HILLS 7th Section and the North

30         line of said unnamed right-of-way a distance of

31  


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 1         1107.78 feet to the West line of said OAKLAND

 2         HILLS 7th Section;

 3              THENCE N 01°11'43" E along said West line

 4         a distance of 713.33 feet to the previously

 5         described South right-of-way line of S.W. 11th

 6         Street;

 7              THENCE N 89°21'59" E along said South

 8         right-of-way line a distance of 1219.85 feet to

 9         a point on the West right-of-way line of a

10         25.00 un-named right-of-way as shown on said

11         PALM BEACH FARMS COUNTY, Plat No. 3

12              THENCE S 00°56'19" E along said

13         right-of-way line and along the East line of

14         Parcel B OUR LADY QUEEN OF HEAVEN CEMETERY PLAT

15         according to the Plat thereof, as recorded in

16         Plat Book 152, Page 21 of the Public Records of

17         Broward County, Florida a distance of 1539.82

18         feet to a point on the Westerly right-of-way

19         line of the SUNSHINE STATE PARKWAY as shown on

20         said OUR LADY QUEEN OF HEAVEN CEMETERY PLAT;

21              THENCE S 04°20'47" E a distance of 495.04

22         feet to a point on the East right-of-way line

23         of said SUNSHINE STREET said point being the

24         Northeast corner of MARINERS COVE, according to

25         the Plat thereof, as recorded in Plat Book 147,

26         Page 44 of the Public records of Broward

27         County, Florida;

28              THENCE S 00°56'05" E along the East line

29         of said MARINERS COVE. a distance of 2276.59

30         feet to the Southeast corner of said MARINERS

31         COVE;


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 1              THENCE N 88°58'55" W along the South, line

 2         of said MARINERS COVE a distance of 1349.57

 3         feet to the Northerly right-of-way line of

 4         Northwest 62nd Street, as shown on said

 5         MARINERS COVE;

 6              THENCE S 89°45'09" W a distance of 307.79

 7         feet to a point on the Southerly right-of-way

 8         line of

 9              THENCE S 89°30'45" W a distance of 79.68

10         feet to a point on the Easterly right-of-way

11         line of said SUNSHINE STATE PARKWAY, as shown

12         on said MARINERS COVE;

13              THENCE S 89°18'13" W a distance of 382.37

14         feet to a point on the Westerly right-of-way

15         line of the said point also being the Northeast

16         corner of The Cummings Plat No. 1 according to

17         the Plat thereof, as recorded in Plat Book 126,

18         Page 35 of the Public Records of Broward

19         County, Florida;

20              THENCE S 36°59'06" W along the Easterly

21         line of said THE CUMMINGS PLAT NO. 1, and along

22         said Westerly right-of-way line a distance of

23         956.81 feet to a point on the Easterly

24         right-of-way line of State Road 7 as shown on

25         said THE CUMMINGS PLAT NO. 1, and projected

26         Southerly;

27              THENCE S 89°33'52" W a distance of 117.29

28         feet to a point on the West right-of-way line

29         of State Road 7, as shown on Bailey Road Plaza

30         according to the Plat thereof, as recorded in

31         Plat Book 86, Page 1 of the Public Records of


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 1         Broward County, Florida and projected

 2         Northerly;

 3              THENCE N 01°41'42" W along said Westerly

 4         right-of-way line a distance of 2152.83 feet to

 5         a point on the Southerly right-of-way line of

 6         McNab Road being on the arc of a non-tangent

 7         curve concave to the Southwest, a radial line

 8         of said curve through said point having a

 9         bearing of N 57°05'20" E,

10              THENCE Northwesterly and Westerly along

11         the arc of said curve to the left, having a

12         central angle of 47°07'44" and a radius of

13         975.00 feet for an arc distance of 801.99 feet

14         to a point on a non-tangent line, said line

15         being 35.00 feet South of and parallel to the

16         North Line of Section 12, Township 49, South,

17         Range 41 East;

18              THENCE S 89°23'29" W along said parallel

19         line and continuing along the South

20         right-of-way line of McNab Road (Southwest 15th

21         Street) PER BROADVIEW COUNTRY CLUB ESTATES,

22         according to the Plat thereof, as recorded in

23         Plat Book 44, Page 31 of the Public Records of

24         Broward County, Florida a distance of 1805.38

25         feet;

26              THENCE S 89°42'10" W, continue along said

27         right-of-way line, a distance of 2405.94 feet;

28              THENCE S 01°31'23" E a distance of 2588.98

29         feet to a point on the South line of the North

30         one-half (N1/2) of Section 12, Township 49

31         South, Range 41 East, said line also being the


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 1         centerline of Bailey Road a 50.00 foot (1/2)

 2         right-of-way, as shown on SPRINGBANK PARK,

 3         according to the Plat thereof, as recorded in

 4         Plat Book 63, Page 47 of the Public Records of

 5         Broward County, Florida.

 6              THENCE S 89°31'43" W along said centerline

 7         a distance of 188.48 feet to the East

 8         one-quarter (E1/4) corner of Section 11,

 9         Township 49 South, Range 41 East;

10              THENCE S 01°23'15" E a distance of 50.11

11         feet to a point on the Southerly right-of-way

12         line of Bailey Road;

13              THENCE S 89°31'14" W along said Southerly

14         right-of-way line a distance of 3954.25 feet to

15         a point on the centerline of Northwest 61st

16         Avenue, 60.00 un-named right-of-way as shown on

17         BANYAN LAKES according to the Plat thereof, as

18         recorded in Plat Book 102, Page 18 of the

19         Public records of Broward County, Florida;

20              THENCE N 01°12'41" W along said centerline

21         a distance of 49.96 feet to the previously

22         described centerline of Bailey Road.

23              THENCE S 89°30'59" W along said centerline

24         a distance of 1318.70 feet to the West line of

25         said Section 11;

26              THENCE S 01°27'35" E along said Section

27         line, a distance of 1323.04 feet to the

28         Northeast corner of The MAINLANDS OF TAMARAC

29         LAKES EIGHTH SECTION according to the Plat

30         thereof, as recorded in Plat Book 67, Page 35

31  


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 1         of the Public Records of Broward County,

 2         Florida;

 3              THENCE S 89°31'30" W along the North line

 4         of said MAINLANDS OF TAMARAC SECTION EIGHT, a

 5         distance of 1320.00 feet to the Southeast

 6         corner of The MAINLANDS OF TAMARAC LAKES TENTH

 7         SECTION, according to the Plat thereof. As

 8         recorded in Plat Book 68, Page 36 of the Public

 9         Records of Broward County, Florida;

10              THENCE N 01°27'23" W along the East line

11         of said MAINLANDS OF TAMARAC LAKES TENTH

12         SECTION, a distance of 1320.00 feet to the

13         Northeast corner of said plat;

14              THENCE S 89°31'30" W along the North line

15         of said MAINLANDS OF TAMARAC LAKES TENTH

16         SECTION, a distance of 1320.00 feet to the

17         Southeast corner of The Mainlands of Tamarac

18         Lakes Unit Fifteen according to the plat

19         thereof, as recorded in Plat Book 71, Page 3 of

20         the Public Records of Broward County, Florida;

21              THENCE N 01°27'23" W along the East line

22         of said MAINLANDS OF TAMARAC LAKES UNIT FIFTEEN

23         a distance of 2642.99 feet to the North line of

24         Section 10 said LINE BEING 15.00 feet South of

25         and parallel with the North right-of-way line

26         of McNab Road as shown on said Plat;

27              THENCE N 89°31'07" E along said North line

28         a distance of 1320.00 feet to the East line of

29         McNab Commercial Subdivision No. 1 plat

30         (71-13);

31  


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 1              THENCE N 01°40'37" W along said east line

 2         a distance of 7231.05 feet to the South line of

 3         Section 34;

 4              THENCE S 89°52'23" E along said South line

 5         a distance of 158.14 feet;

 6              THENCE N 01°15'23" W a distance of 535.22

 7         feet to the Southerly right-of-way line of the

 8         South Florida Water Management District Canal

 9         C-14 (Pompano Canal) per North Lauderdale

10         Village Section Five plat (109-25);

11              THENCE N 88°59'53" E along said Southerly

12         right-of-way line a distance of 2257.64 feet to

13         the East line of Section 34;

14              THENCE S 01°08'20" E a distance of 574.37

15         feet to the POINT OF BEGINNING;

16              PLUS:

17              Portions of Sections 13 and 13, Township

18         49, South, Range 41 East, Broward County,

19         Florida; Together with portions of Sections 7

20         and 18, Township 49 South, Range 42 East

21         Broward County, Florida; Together with portions

22         of Tracts 4, 8, 9, and 16, "FORT LAUDERDALE

23         TRUCK FARMS" according to the Public Records of

24         Broward County, Florida; Together with a

25         portion of Tract 10, Block 96, "PALM BEACH

26         FARMS CO. PLAT NO. 3", Plat Book 2, Page 54,

27         Palm Beach County Records; Together with all of

28         the following plats recorded in the Public

29         Records of Broward County, Florida, "BROADVIEW

30         COUNTRY CLUB ESTATES", Plat Book 44, Page 31,

31         "BROADVIEW COUNTRY CLUB ESTATES, 1st ADDITION",


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 1         Plat Book 46, Page 4, "BROADVIEW COUNTRY CLUB

 2         ESTATES, 2ND ADDITION", Plat Book 47, Page 22,

 3         "BROADVIEW COUNTRY CLUB ESTATES, 3RD ADDITION",

 4         Plat Book 47, Page 41, "BROADVIEW COUNTRY CLUB

 5         ESTATES, 4TH ADDITION", Plat Book 48, Page 5,

 6         "BROADVIEW COUNTRY CLUB ESTATES, 5TH ADDITION",

 7         Plat Book 48, Page 25, "BROADVIEW COUNTRY CLUB

 8         ESTATES, 6TH ADDITION", Plat Book 51, Page 49,

 9         "BROADVIEW COUNTRY CLUB ESTATES, 7TH ADDITION",

10         Plat Book 51, PAGE 50, "POMPANO PARK SECTION

11         1", Plat Book 52, Page 7, "POMPANO PARK SECTION

12         2", Plat Book 54, Page 12, "POMPANO PARK

13         SECTION 3", Plat Book 55, Page 20, "BROADVIEW

14         COUNTRY CLUB ESTATES, 9TH  ADDITION", Plat Book

15         56, Page 3, "BROADVIEW COUNTRY CLUB ESTATES,

16         11TH ADDITION", Plat Book 56, Page 28,

17         "BROADVIEW COUNTRY CLUB ESTATES, 12TH

18         ADDITION", Plat Book 57, Page 18, "BROADVIEW

19         COUNTRY CLUB ESTATES, 14TH ADDITION", Plat Book

20         58 Page 18, "BROADVIEW COUNTRY CLUB ESTATES,

21         15TH ADDITION", Plat Book 62, Page 35, "PERRY'S

22         ADDITION TO BROADVIEW COUNTRY CLUB ESTATES",

23         Plat Book 62, Page 43, "SPRINGBANK PARK", Plat

24         Book 63, Page 47, "SPRINGBANK PARK, SECTION 2",

25         Plat Book 69, Page 23, "SOUTHERN FEDERAL AT

26         TAMARAC", Plat Book 82, Page 36, "SLOATE & ZITO

27         CENTER", Plat Book 83, Page 13, "BUNTROCK

28         PLAT", Plat Book 84, Page 30, "BAILEY ROAD

29         PLAZA", Plat Book 86, Page 1, "STAPLES

30         COMMERCIAL PLAT", Plat Book 93, Page 2,

31         "CONTINENTAL PLAZA", Plat Book 96, Page 14,


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 1         "ZACKOWITZ PLAT", Plat Book 100, Page 38,

 2         "DARGEL-MINNET PLAT", Plat Book 104, Page 16,

 3         "GUARDIAN PLAT", Plat Book 111, Page 50,

 4         "TAMARAC MINI STORAGE PLAT No. 1" PLAT BOOK

 5         112, Page 2, "WELLENS COMMERCIAL", Plat Book

 6         115, Page 44, "PLAZA SEVEN SUBDIVISION", Plat

 7         Book 117, PAGE 24, "THE POINT", Plat Book 119,

 8         Page 28, "K.M.R. PLAT", Plat Book 127, Page 4,

 9         "ANDY PLAT", Plat Book 127, Page 16,

10         "CENTRUM-ROBAINA PLAT", Plat Book 127, Page 27,

11         "HIDDEN LAKE ESTATES", Plat Book 144, Page 46,

12         and the "WILEY PLAT", Plat Book 168, Page 29,

13         said portions being more particularly described

14         as follows:

15              Beginning at the intersection of a line

16         lying 170.00 feet East of the West line of said

17         Section 12, and the North line of said Section

18         12; said line also being the municipal limits

19         of North Lauderdale per Chapter 83-475, House

20         Bill No. 926, Laws of Florida;

21              THENCE along said North line and said

22         Municipal Limits line, South 88°55'02" East,

23         5,098.96 feet to an intersection with a point

24         on a line lying 15 feet West of and parallel

25         with the East Line of the Northeast Quarter

26         (N.E. 1/4) of said Section 12;

27              THENCE along said parallel line, and said

28         Municipal Limits line South 00°00'00" East,

29         2,644.43 feet;

30  

31  


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 1              THENCE South 00°00'03" East 98.89 feet to

 2         a point on the Westerly right of way of

 3         Florida's Turnpike;

 4              THENCE North 37°42'49" East along said

 5         Westerly right of way and said Municipal Limits

 6         line to the Northerly prolongation of the West

 7         line of Tract 7, Block 96 of said PALM BEACH

 8         FARMS CO. Plat No. 3;

 9              THENCE South 00°01'14" East along the said

10         Northerly prolongation and along the East right

11         of way line of State Road 7 said line also

12         being the Municipal Limits of Fort Lauderdale

13         as per Chapter 69-1057 House Bill 2628 of the

14         Laws of Florida and City of Ft. Lauderdale

15         Ordinance No. C-00-71 to the North right-of-way

16         line of Prospect Road, as shown on the State of

17         Florida Department of Transportation

18         right-of-way map Section 86100-2501 Sheet 7

19         (Latest Date 4/17/95);

20              THENCE Easterly along said North

21         right-of-way line, to a POINT OF INTERSECTION

22         with a line lying 249.00 feet East of and

23         parallel with the East right-of-way line of

24         said State Road 7;

25              THENCE Southerly along said line to an

26         intersection with the south line of the

27         aforesaid Tract 10;

28              THENCE along said South line, 987.82 feet

29         to an intersection with the Northerly Extension

30         of the Westerly line of "LINPRO LONESTAR PARK",

31         according to the plat thereof as recorded in


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 1         Plat Book 124, Page 12, of the Public Records

 2         of Broward County, Florida;

 3              THENCE South 00°07'30" East, along said

 4         Westerly line and the Westerly line of

 5         "PROSPECT INDUSTRIAL AND COMMERCIAL PARK"

 6         according to the plat thereof as recorded in

 7         Plat Book 14, Page 17, of the Public Records of

 8         Broward County, Florida, said line also being

 9         the Municipal Limits of Fort Lauderdale per

10         Ordinance C-72-22, 2,059.89 feet to the South

11         line of said PROSPECT INDUSTRIAL AND COMMERCIAL

12         PARK Plat;

13              THENCE Easterly along the said South line

14         and said Municipal Limits line, South 88°20'25"

15         East, 1,323.66 feet to an intersection with the

16         West Line of the East Half (E. 1/2) of said

17         Section 18;

18              THENCE Southerly along said West line, and

19         said Municipal Limits line, South 00°11'46"

20         East, 1,120.59 feet to an intersection with the

21         North right-of-way line of Commercial Boulevard

22         (N.W. 50th Street);

23              THENCE along said North right of way line,

24         said line also being the Municipal Limits of

25         Tamarac per Ordinance 0-81-17, said line also

26         being the south lines of said "GUARDIAN PLAT",

27         said "KMR PLAT" and said "THE POINT PLAT", to a

28         line 861.25 feet West of the East Boundary of

29         the Southwest Quarter (S.W. 1/4) of said

30         Section 18;

31  


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 1              THENCE along said Municipal Limits line

 2         the following Two (2) Courses;  (1)  THENCE

 3         North 00°29'16" West along said line said line

 4         also being the East line "TAMARAC BUSINESS

 5         CENTER" according to the plat thereof, as

 6         recorded in Plat Book 61, Page 27 of the Public

 7         Records of Broward county, Florida 446.72 feet

 8         (2)  THENCE along the North line of said Plat,

 9         North 88°29'17" West, 462.40 feet to an

10         intersection with the Southerly Extension of

11         the Westerly line of said "TAMARAC MINI STORAGE

12         PLAT NO. 1";

13              THENCE along the Municipal Limits of Fort

14         Lauderdale per Ordinance C-73-4 the following

15         Three (3) Courses, and along said Southerly

16         Extension of said Westerly line and the

17         Westerly line of said "TAMARAC MINI STORAGE

18         PLAT NO. 1",  (1) North 00°07'30" West, 660.26

19         feet to the Northeast Corner of "LEDER

20         COMMERCIAL SUBDIVISION", according to the Plat

21         thereof as recorded in Plat Book 79, Page 25 of

22         the Public Records of Broward County, Florida;

23         (2)  THENCE along the North line of said "LEDER

24         COMMERCIAL SUBDIVISION" Plat, North 88°33'38"

25         West, 1,271.42 feet to the East right of way

26         line of State Road 7; (3)  THENCE along said

27         East right of way line, South 00°00'30" East,

28         658.62 feet to the South line of the Northwest

29         Quarter (N.W. 1/4) of said Section 18;

30              THENCE along the Municipal Limits of

31         Tamarac, per Ordinance 0-81-17, the following


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 1         Nine (9) Courses;  (1)  THENCE North 88°29'17"

 2         West 153 feet along said South line and the

 3         Westerly prolongation thereof to the West right

 4         of way line of State Road 7; (2)  THENCE

 5         Northerly along said West right of way line to

 6         an intersection with the South line of the

 7         Southeast Quarter of Section 12, Township 49

 8         South, Range 41 East;  (3) THENCE along said

 9         South line, North 88°57'06" West 1,220 feet,

10         more or less, to the intersection with the West

11         line of said Tract 16 and the Southerly

12         extension of the West line of said "POMPANO

13         PARK" Plat;  (4)  THENCE along said West line,

14         said line also being the East line of Tract 15

15         of said FT. LAUDERDALE TRUCK FARMS Plat, North

16         00°02'53" West, 1,320.05 feet to the Southeast

17         Corner of said "POMPANO PARK SECTION 1"

18         PLAT;  (5)  THENCE along the South line of the

19         aforesaid "POMPANO PARK SECTION 1" Plat and the

20         South line of said Tract 10, North 88°57'12"

21         West, 1,153.35 feet to a POINT OF INTERSECTION

22         with the line lying 165.83 feet East of the

23         West line of said Tract 10;  (6)  THENCE

24         Northerly along said line 163.73

25         feet;  (7)  THENCE Westerly along a line 163.73

26         feet North of the South line of said Tract 10,

27         165.83 feet to a Point on the West line of said

28         Tract 10;  (8)  THENCE along the West line of

29         said Tract 10, North 01°03'51" East, 1,155.20

30         feet to an intersection with the South line of

31         the North (N 1/2) of said Section


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 1         12;  (9)  THENCE along said South line, North

 2         88°56'09" West 2,470.48 feet to a POINT OF

 3         INTERSECTION with said line lying 170.00 feet

 4         East of and parallel with the West line of said

 5         Section 12;

 6              THENCE along said parallel line said line

 7         also being the Municipal Limits of the City of

 8         North Lauderdale per Chapter 83-475 House Bill

 9         926 Laws of Florida, North 00°00'05" East,

10         2,646.09 feet to the POINT OF BEGINNING.

11         Together with all of the "ANDY PLAT" Plat Book

12         127, Page 16 of the Public Records of Broward

13         County, Florida, and a portion of Section 18,

14         Township 49 South, Range 42 East, more

15         particularly described as follows:

16              Begin at the Northwest Corner of said

17         "ANDY PLAT";

18              THENCE along the North line of said Plat

19         and Easterly prolongation thereof, said line

20         also being the Municipal Limits of Tamarac per

21         Ordinance 0-81-17, South 88°32'02" East, 130.09

22         feet;

23              THENCE South 00°08'24" East along the

24         Municipal Limits of Oakland Park per Chapter

25         79-458 House Bill 1498, Laws of Florida, 426.14

26         feet;

27              THENCE along the South line of said "ANDY

28         PLAT" and Easterly prolongation thereof, said

29         line also being the Municipal Limits of

30         Lauderdale Lakes per Chapter 84-463, House Bill

31         1082, Laws of Florida, 130.09 feet;


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 1              THENCE along the West line of said Plat,

 2         said line also being the Municipal Limits of

 3         Lauderdale Lakes per Ordinance 87-10, North

 4         00°08'24" West, 426.14 feet to the POINT OF

 5         BEGINNING. Together with: all of the

 6         "CONTINENTAL PLAZA", Plat Book 96, Page 14 of

 7         the Public Records of Broward County, Florida,

 8         and a portion of Section 18, Township 49 South,

 9         Range 42 East, more particularly described as

10         follows:

11              BEGIN at the Northwest Corner of said

12         CONTINENTAL PLAZA;

13              THENCE along the North line of said Plat

14         and Easterly prolongation thereof, said line

15         also being the Municipal Limits of Tamarac per

16         Ordinance 0-81-17, South 88°32'02" East, 299.77

17         feet;

18              THENCE along the West line of CARVEL

19         CORPORATION PLAT, per Plat Book 123, Page 17,

20         of the Public Records of Broward County,

21         Florida, said line also being the Municipal

22         Limits of Lauderdale Lakes per Ordinance 87-10,

23         South 00°11'09" East, 426.14 Feet;

24              THENCE along the South line of said

25         CONTINENTAL PLAZA Plat and the Easterly

26         prolongation thereof said line also being the

27         Municipal Limits of Lauderdale Lakes per

28         Chapter 84-463, House Bill 1082, Laws of

29         Florida, North  88°32'02" West, 299.43 feet;

30              THENCE along the West line of said Plat,

31         said line also being the Municipal Limits of


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 1         Tamarac per Ordinance 0-81-7, North 00°11'09"

 2         West, 426.15 feet to the POINT OF BEGINNING.

 3              LESS THEREFROM: that portion of the City

 4         of Ft. Lauderdale as per Ordinance C-73-4 lying

 5         in Section 18, Township 49, Range 42 East,

 6         Broward County, Florida, being more

 7         particularly described as follows:

 8              BEGINNING at the Northwest corner of the

 9         South half (S 1/2) of the Southeast one (S.E.

10         1/4) of the Northwest One Quarter (N.W. 1/4) of

11         Section 18, Township 49 South, Range 42 East;

12              THENCE North 00°07'30" West along the

13         Extension of the West line of the South half (S

14         1/2) of the Southeast One Quarter (N.W. 1/4), a

15         distance of 15.00 feet;

16              THENCE North 88°33'38" West, a distance of

17         10.00 feet;

18              THENCE South 00°07'30" East, 10.00 feet

19         West of and parallel to the said West line of

20         the South half (S 1/2) of the Southeast One

21         Quarter  (S.E. 1/4) of the Northwest One

22         Quarter (N.W. 1/4), a distance of 33.33 feet;

23              THENCE South 88°33'38" East, a distance of

24         10.00 feet to a point on the West line of said

25         South half (S 1/2) of the Southeast One Quarter

26         (S.E. 1/4) of the Northwest One Quarter (N.W.

27         1/4);

28              THENCE North 00°07'30" West, along the

29         said West line of the South half (S 1/2) of the

30         Southeast One Quarter (S.E. 1/4) of the

31  


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 1         Northwest One Quarter (N.W. 1/4), a distance of

 2         18.33 feet to the POINT OF BEGINNING.

 3              Said lands situate and lying in Broward

 4         County, Florida.

 5  

 6  It is hereby determined, declared, and enacted that said lands

 7  in their present condition are wet and subject to overflow and

 8  that the drainage, reclamation, and protection of said lands

 9  from the effects of water is in the interest of and conducive

10  to the public welfare, health, and convenience.

11         Section 2.  Provisions of chapter 298, Florida

12  Statutes, made applicable.--A public corporation and a

13  political subdivision of the state is hereby created under the

14  name and style of "North Lauderdale Water Control

15  District."  The provisions of the general drainage laws of

16  Florida applicable to drainage districts which are embodied in

17  chapter 298, Florida Statutes, and all the laws amendatory

18  thereof, now existing or hereinafter enacted so far as not

19  inconsistent with this act, are hereby declared to be

20  applicable to said North Lauderdale Water Control

21  District.  Said North Lauderdale Water Control District shall

22  have all the powers and authorities mentioned in or conferred

23  by said chapter 298, Florida Statutes, and acts amendatory

24  thereof, except as herein otherwise provided.

25         Section 3.  Powers of the district.--Said district

26  shall have the power to sue and be sued by its name in any

27  court of law or in equity; to make contracts; to adopt and use

28  a corporate seal and to alter the same at pleasure; to acquire

29  by purchase, gift, or condemnation, real and personal

30  property, either or both, within or without the district, and

31  to convey and dispose of such real and personal property as


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 1  may be necessary and convenient to carry out the purposes, or

 2  any of the purposes, of this act and chapter 298, Florida

 3  Statutes; to construct, operate, and maintain canals, ditches,

 4  drains, levees, dikes, and other works for drainage purposes;

 5  to acquire, purchase, operate, and maintain pumps, plants, and

 6  pumping systems for drainage purposes; to construct, operate,

 7  and maintain irrigation works, machinery, and plants; to

 8  construct, improve, pave, and maintain roadways and roads

 9  necessary and convenient for the exercise of the powers or

10  duties or any of the powers or duties of said district or the

11  supervisors thereof; to pump water into and out of canals,

12  ditches, drains, and other works of the district, or onto or

13  from the lands in said district, and to regulate and control

14  the flow of water into and out of said district; in

15  maintaining and operating canals, drains, levees, dikes, dams,

16  locks, reservoirs, pumping stations, and water control

17  structures, the board of supervisors and its agents and

18  employees shall have the authority to enter at all reasonable

19  times upon the lands adjacent to any such drainage works in

20  order to transport and use men and women, equipment,

21  machinery, and materials necessary to properly maintain,

22  preserve, and operate such drainage works and in furtherance

23  of the purposes and intent of this act and chapter 298,

24  Florida Statutes, to construct, improve, and pave roadways and

25  roads necessary and convenient to provide access to, and

26  efficient development of, areas made suitable and available

27  for cultivation, settlement, and other beneficial use and

28  development as a result of the drainage and reclamation

29  operations of the district; to borrow money and issue

30  negotiable or other bonds of said district as hereinafter

31  provided; to borrow money from time to time, and issue


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 1  negotiable or other notes of said district therefor, bearing

 2  interest not exceeding the rate prescribed by Florida general

 3  or special law, in anticipation of the collection of taxes,

 4  levies, and assessments or revenues of said district and to

 5  pledge or hypothecate such taxes, levies, assessments, and

 6  revenues to secure such bonds, notes, or obligations, and to

 7  sell, discount, negotiate, and dispose of the same; and to

 8  exercise all other powers necessary, convenient, or proper in

 9  connection with any of the powers or duties of said district

10  stated in this act or chapter 298, Florida Statutes.  The

11  powers and duties of said district shall be exercised by and

12  through the board of supervisors thereof, which board shall

13  have the authority to employ engineers, attorneys, agents,

14  employees, and representatives as the board of supervisors may

15  from time to time determine and to fix their compensation and

16  duties.

17         Section 4.  Board of supervisors; organization; powers,

18  duties, and terms of office.--There is hereby created a Board

19  of Supervisors of North Lauderdale Water Control District,

20  which shall be the governing body of said district.  The

21  members of the board of supervisors of said district shall be

22  composed of five members, who shall be the five sitting

23  members of the City Commission of the City of North

24  Lauderdale.  The city commission shall continue all of the

25  duties, functions, and responsibilities under this act of the

26  supervisors of the district after this act becomes law.

27         (1)  The term of office of each member of the board of

28  supervisors shall be coincidental with that member's term of

29  office as a member of the city commission.  The members shall

30  assume full duties as a member of the board of supervisors

31  


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 1  once he or she takes the oath of office as a member of the

 2  city commission.

 3         (2)  Terms of office for the board of supervisors shall

 4  be concurrent with the length of time the commission member is

 5  in office.

 6         (3)  An annual meeting of the board of supervisors

 7  shall be held during the first week of June and otherwise in

 8  accordance with this act.  At the annual meeting of the board

 9  of supervisors and as necessary to fill a vacancy, the board

10  shall elect, from its members, a chair and a vice chair, who

11  shall serve in said positions until the next annual meeting or

12  expiration of his or her term, whichever occurs first.

13         Section 5.  Meetings of board of supervisors.--The

14  board of supervisors shall have the power to call special

15  meetings at any time to receive reports or consider and act

16  upon any matter.  Notice of all meetings shall be given by the

17  board of supervisors by causing publication thereof to be made

18  once at least 5 days prior to such meeting in some newspaper

19  published in Broward County or by sending sufficient notice

20  through the mail to each landowner.  In cases of emergency as

21  determined by a majority of the board, this notice requirement

22  may be waived.  The meetings shall be held in some public

23  place, and the place, day, and hour of holding such meeting

24  shall be stated in the notice.  The chair of the board of

25  supervisors shall preside at such meeting.  The City Clerk of

26  the City of North Lauderdale shall serve as secretary of the

27  board of supervisors and shall serve as the secretary at the

28  meeting. The Board of Supervisors of the North Lauderdale

29  Water Control District shall meet not less than 4 times per

30  year to conduct the business of the district as provided for

31  in this act.


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 1         Section 6.  Compensation of the board.--Each supervisor

 2  shall serve without compensation, except that he or she shall

 3  be reimbursed for their travel expenses pursuant to section

 4  112.061, Florida Statutes, as may be amended from time to

 5  time, for each mile actually traveled in going to and from his

 6  or her place of residence to the place of meeting.

 7         Section 7.  Taxes and assessments, levied and

 8  apportioned, and the collection thereof.--Taxes and non-ad

 9  valorem assessments shall be levied and apportioned as

10  provided for by the general drainage and water control laws of

11  Florida, chapter 298, Florida Statutes, and amendments

12  thereto, and the general or special laws of the state; except

13  that the following provisions shall apply to said district:

14  the board of supervisors shall determine, order, and levy the

15  amount of the annual taxes or non-ad valorem assessments

16  levied under chapter 298, Florida Statutes, which shall become

17  due and be collected during each year at the same time that

18  county taxes are due and collected, which said annual tax,

19  assessment, and levy shall be evidenced to and certified by

20  the said board, no later than July 1 of each year, to the Tax

21  Assessor of Broward County.  Said tax or assessment shall be

22  extended by the county tax assessor on the county tax roll and

23  shall be collected by the tax collector in the same manner and

24  time as county taxes, and the proceeds thereof paid to said

25  district.

26         Section 8.  Maintenance tax.--The provisions of section

27  298.54, Florida Statutes, and amendments thereto shall not be

28  applicable to said district.  In lieu thereof, the following

29  provisions shall apply to said district: to maintain and

30  preserve the improvements made pursuant to this chapter and to

31  repair and restore the same, when needed, and for the purpose


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 1  of defraying the current expenses of the district, the board

 2  of supervisors, may, upon completion of said improvements in

 3  whole or in part as may be certified to the said board by the

 4  chief engineer, levy annually a tax upon each tract or parcel

 5  of land within the district, to be known as "maintenance

 6  tax."  Said maintenance tax shall be apportioned upon the

 7  basis of the net non-ad valorem assessments of benefits

 8  assessed as accruing for original construction, and shall be

 9  evidenced to and certified by said board not later than July 1

10  of each year to the Tax Assessor of Broward County, and shall

11  be extended by the county tax assessor on the county tax roll,

12  and shall be collected by the county tax collector in the same

13  manner and time as county taxes and the proceeds therefrom

14  paid to the said district.  Said tax shall be a lien until

15  paid on the property upon which assessed, and enforceable in

16  like manner as county taxes.

17         Section 9.  Levy of taxes and assessments on fractional

18  acres.--In levying and assessing all taxes and assessments,

19  each tract or parcel of land more than 1 acre in area which

20  contains a fraction of an acre shall be assessed at the

21  nearest whole number of acres.  However, each tract or parcel

22  of land less than 1 acre in area shall be assessed as a full

23  acre.

24         Section 10.  Enforcement of taxes and assessments.--The

25  collection and enforcement of all taxes and assessments levied

26  by said district shall be at the same time and in like manner

27  as the county.  The provisions of the Florida Statutes

28  relating to the sale of lands for unpaid and delinquent county

29  taxes and assessments, the issuance, sale, and delivery of tax

30  certificates for such unpaid and delinquent county taxes, the

31  redemption thereof, the issuance to individuals of tax deeds


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 1  based thereon, and all other procedures in connection

 2  therewith shall be applicable to said district and the

 3  delinquent and unpaid taxes and assessments of said district

 4  to the same extent as if said statutory provisions were

 5  expressly set forth in this act.  All taxes and assessments

 6  shall be subject to the same discounts as county taxes.

 7         Section 11.  When unpaid tax or assessment is

 8  delinquent; penalty.--All taxes provided for in this act shall

 9  be and become delinquent and bear penalties in the amount of

10  said taxes in the same manner as county taxes.  Assessments

11  provided for in this act and authorized in chapter 298,

12  Florida Statutes, shall be and become delinquent and bear

13  penalties and interest at the highest rate authorized by

14  Florida general or special law, or as otherwise provided in

15  district legislation imposing the assessment.

16         Section 12.  Bonds may be issued; sale and disposition

17  of proceeds; interest; levy to pay bonds; bonds and duties of

18  treasurer, etc.--

19         (1)  The board of supervisors may, if in their judgment

20  it seems best, issue bonds not to exceed 90 percent of the

21  total amount of the taxes levied under the provisions of

22  section 298.305, Florida Statutes, in denominations of not

23  less than $100, bearing interest from the date of issuance at

24  a rate as provided by general law, payable annually or

25  semiannually, to mature at annual intervals within 40 years

26  commencing after a period of not later than 10 years, to be

27  determined by the board of supervisors; both principal and

28  interest payable at some convenient place designated by the

29  board of supervisors to be named in said bonds; and said bonds

30  shall be signed by the chair of the board of supervisors,

31  attested with the seal of said district, and by the signature


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 1  of the secretary of said board.  All of said bonds shall be

 2  executed and delivered to the treasurer of said district, who

 3  shall sell the same in such quantities and at such dates as

 4  the board of supervisors may deem necessary to meet the

 5  payments for the works and improvements in the district.  Said

 6  bonds shall not be sold for less than 90 cents on the dollar,

 7  with accrued interest, shall show on their face the purpose

 8  for which they are issued, and shall be payable out of moneys

 9  derived from the aforesaid taxes.  A sufficient amount of the

10  drainage tax shall be appropriated by the board of supervisors

11  for the purpose of paying the principal and interest of said

12  bonds and the same shall, when collected, be preserved in a

13  separate fund for that purpose and no other.  All bonds and

14  coupons not paid at maturity shall bear interest at the rate

15  of 6 percent per annum from maturity until paid, or until

16  sufficient funds have been deposited at the place of payment,

17  and said interest shall be appropriated by the board of

18  supervisors out of the penalties and interest collected on

19  delinquent taxes or other available funds of the

20  district.  Provided, however, that it may, in the discretion

21  of said board, be provided that at any time, after such date

22  as shall be fixed by the said board, said bonds may be

23  redeemed before maturity at the option of said board, or their

24  successors in office, by being made callable prior to maturity

25  at such times and upon such prices and terms and other

26  conditions as said board shall determine.  If any bond so

27  issued subject to redemption before maturity shall not be

28  presented when called for redemption, it shall cease to bear

29  interest from and after the date so fixed for redemption.

30         (2)  The board of supervisors of said district shall

31  have authority to issue refunding bonds to take up any


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 1  outstanding bonds and any interest accrued thereon when, in

 2  the judgment of said board, it shall be for the best interest

 3  of said district to do so. The said board is hereby authorized

 4  and empowered to issue refunding bonds to take up and refund

 5  all bonds of said district outstanding that are subject to

 6  call and prior redemption, and all interest accrued to the

 7  date of such call or prior redemption, and all bonds of said

 8  district that are not subject to call or redemption, together

 9  with all accrued interest thereon, where the surrender of said

10  bonds can be procured from the holders thereof at prices

11  satisfactory to the board or can be exchanged for such

12  outstanding bonds with the consent of the holder thereof. Such

13  refunding bonds may be issued at any time when, in the

14  judgment of said board, it will be to the interest of the

15  district financially or economically to secure a lower rate of

16  interest on said bonds or by extending the time of maturity of

17  said bonds, or for any other reason in the judgment of said

18  board advantageous to said district. Such refunding bonds may

19  mature at any time or times in the discretion of said board,

20  not later, however, than 40 years from the date of issuance of

21  said refunding bonds. Said refunding bonds shall bear such

22  dates of issue and such other details as said board shall

23  determine and may, in the discretion of said board, be made

24  callable prior to maturity at such times and upon such prices

25  and terms and other conditions as said board shall determine.

26  All the other applicable provisions of this act not

27  inconsistent therewith shall apply fully to said refunding

28  bonds and the holders thereof shall have all the rights,

29  remedies, and security of the outstanding bonds refunded,

30  except as may be otherwise provided in the resolution of the

31  board authorizing the issuance of such refunding bonds. Any


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 1  funds available in the sinking fund for the payment of the

 2  principal and interest of outstanding bonds may be retained in

 3  the fund to be used for the payment of principal and interest

 4  of the refunding bonds, in the discretion of the board of

 5  supervisors. Any expenses incurred in buying any or all bonds

 6  authorized under the provisions of this section and the

 7  interest thereon and a reasonable compensation for paying same

 8  shall be paid out of the funds in the hands of the treasurer

 9  and collected for the purpose of meeting the expenses of

10  administration. It shall be the duty of the said board of

11  supervisors in making the annual tax levy as heretofore

12  provided to take into account the maturing bonds and interest

13  on all bonds and expenses and to make provision in advance for

14  the payment of same.

15         (3)  In case the proceeds of the original tax levy made

16  under the provisions of section 298.36, Florida Statutes, are

17  not sufficient to pay the principal and interest of all bonds

18  issued, then the board of supervisors shall make such

19  additional levy or levies upon the benefits assessed as are

20  necessary for this purpose, and under no circumstances shall

21  any tax levies be made that will in any manner or to any

22  extent impair the security of said bonds or the funds

23  available for the payment of the principal and interest of

24  same. Said treasurer shall, at the time of the receipt by him

25  or her of said bonds, execute and deliver to the chair of the

26  board of said district a bond with good and sufficient surety

27  to be approved by said board, on the condition that he or she

28  shall account for and pay over as required by law and as

29  ordered by said board of supervisors, any and all moneys

30  received by him or her on the sale of such bonds, or any of

31  them, and that he or she will only sell and deliver such bonds


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 1  to the purchaser or purchasers thereof under and according to

 2  the terms herein prescribed, and that he or she will return to

 3  the board of supervisors and duly cancel any and all bonds not

 4  sold when ordered by said board to do so. Said bonds when so

 5  returned shall remain in the custody of the chair of the board

 6  of supervisors, who shall produce the same for inspection or

 7  for use as evidence whenever and wherever legally requested so

 8  to do. The said treasurer shall promptly report all sales of

 9  bonds to the board of supervisors. The board shall, at a

10  reasonable time thereafter, prepare and issue warrants in

11  substantially the form provided in section 298.17, Florida

12  Statutes, for the payment of maturing bonds so sold and the

13  interest payments coming due on all bonds sold. Each of said

14  warrants shall specify what bonds and accruing interest it is

15  to pay, and the treasurer shall place sufficient funds at the

16  place of payment to pay the maturing bonds and coupons when

17  due, together with necessary compensation for paying same. The

18  successor in office of any such treasurer shall not be

19  entitled to said bonds or the proceeds thereof until he or she

20  shall have complied with all of the foregoing provisions

21  applicable to his or her predecessor in office. The aforesaid

22  bond of said treasurer, if said board shall so direct, may be

23  furnished by a surety or bonding company, which may be

24  approved by said board of supervisors; provided, if it should

25  be deemed more expedient to said board of supervisors as to

26  money derived from the sale of bonds issued, said board may,

27  by resolution, select some suitable bank or banks of other

28  depository as temporary treasurer or treasurers to hold and

29  disburse said moneys upon the order of said board as the work

30  progresses, until such fund is exhausted or transferred to the

31  treasurer by order of said board of supervisors. The funds


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 1  derived from the sale of said bonds or any of them shall be

 2  used for the purpose of paying the cost of the drainage works

 3  and improvements, and such costs, fees, expenses, and salaries

 4  as may be authorized by law, and used for no other purpose.

 5         Section 13.  Full authority for issue and sale of bonds

 6  authorized.--

 7         (1)  This act shall, without reference to any other act

 8  of the Legislature, be full authority for the issuance and

 9  sale of bonds authorized in this act, which bonds shall have

10  all the qualities of negotiable paper under the law merchant

11  and shall not be invalid for any irregularity or defect in the

12  proceedings for the issuance and sale thereof and shall be

13  incontestable in the hands of bona fide purchasers or holders

14  thereof. No proceedings in respect to the issuance of any such

15  bonds shall be necessary, except such as are required by this

16  act. The provisions of this act shall constitute an

17  irrepealable contract between the said board of supervisors

18  and the said North Lauderdale Water Control District and the

19  holders of any bonds and the coupons thereof issued pursuant

20  to the provisions hereof. Any holder of any of said bonds or

21  coupons may, either in law or by equity, suit, action, or

22  mandamus, enforce and compel the performance of the duties

23  required by this act of any of the officers or persons

24  mentioned in this act in relation to the said bonds or to the

25  correct enforcement and application of the taxes for the

26  payment thereof.

27         (2)  After the several bonds and coupons are paid and

28  retired as herein provided, they shall be returned to the

29  treasurer, and they shall be canceled and an appropriate

30  record thereof made in a book to be kept for that purpose,

31  which record of paid and canceled bonds shall be kept at the


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 1  office of the treasurer and shall be opened for inspection of

 2  any bondholder at any time.

 3         Section 14.  Floating indebtedness.--

 4         (1)  After the levy of taxes in any years, and before

 5  the collection thereof, the board of supervisors shall have

 6  the power to issue tax anticipation notes. Said notes shall

 7  bear interest at a rate not exceeding the maximum rate allowed

 8  by general or special law, shall be payable at such times, and

 9  may be sold or discounted at such price or on such terms as

10  the said board may deem advisable, and the board may pledge

11  the whole or any part of the tax levy for the payment thereof.

12         (2)  The board shall also have the right to issue

13  temporary obligations or interim certificates after the

14  issuance of any bonds authorized under this act but, prior to

15  the sale thereof, said temporary obligations and interim

16  certificates shall be paid within 2 years from the proceeds of

17  the sale of said bonds.

18         (3)  Said temporary obligations and interim

19  certificates shall have all the rights and privileges of the

20  permanent bondholders.

21         (4)  The tax anticipation notes, temporary obligations,

22  and interim certificates shall be termed "floating

23  indebtedness" in order to distinguish the same from the bonded

24  debt as provided for herein.

25         Section 15.  Eminent domain.--The said board of

26  supervisors is hereby authorized and empowered to exercise the

27  right of eminent domain and may condemn for the use of said

28  district any and all lands, easements, rights-of-way, riparian

29  rights, and property rights of every description, in or out of

30  said district, required for the public purposes and powers of

31  


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 1  said board as herein granted, and may enter upon, take, and

 2  use such lands as it may deem necessary for such purposes.

 3         Section 16.  Water a common enemy.--It is hereby

 4  declared that in said district surface waters, which shall

 5  include rainfall and the overflow of rivers and streams, are a

 6  common enemy, and the said district and any individual or

 7  agency holding a permit to do so from said district, shall

 8  have the right to dike, dam, and construct levees to protect

 9  the said district or any part thereof, or the property of said

10  individual or agency against the same, and thereby divert the

11  course and flow of such surface waters and/or pump the water

12  from within such dikes and levees.

13         Section 17.  Unit development; powers of supervisors to

14  designate units of district and adopt system of progressive

15  drainage by units; plans of reclamation and financing

16  assessments, etc. for each unit.--

17         (1)  The Board of Supervisors of North Lauderdale Water

18  Control District shall have the power and is hereby authorized

19  in its discretion to drain and reclaim or more completely and

20  intensively to drain and reclaim the lands in said district by

21  designated areas or parts of said district to be called

22  "units." The units into which said district may be so divided

23  shall be given appropriate numbers or names by said board of

24  supervisors, so that said units may be readily identified and

25  distinguished. The board of supervisors shall have the power

26  to fix and determine the location, area, and boundaries of and

27  lands to be included in each and all such units, the order of

28  development thereof, and the method of carrying on the work in

29  each unit. The unit system of drainage provided by this

30  section may be conducted and all of the proceedings by this

31  section and this act authorized in respect to such unit or


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 1  units may be carried on and conducted at the same time as or

 2  after the work of draining and reclaiming of the entire

 3  district has been or is being or shall be instituted or

 4  carried on under the provisions of this act. If the board of

 5  supervisors shall determine that it is advisable to conduct

 6  the work of draining and reclaiming the lands in said district

 7  by units, as authorized by this section, said board shall, by

 8  resolution duly adopted and entered upon its minutes, declare

 9  its purpose to conduct such work accordingly, and shall at the

10  same time and manner fix the number, location, and boundaries

11  of and description of lands within such unit or units and give

12  them appropriate numbers or names. As soon as practicable

13  after the adoption and recording of such resolution, said

14  board of supervisors shall publish notice once a week for 2

15  consecutive weeks in a newspaper published in Broward County,

16  or duly notify the landowners by registered letter, briefly

17  describing the units into which said district has been divided

18  and the lands embraced in each unit, giving the name, number,

19  or other designation of such units, requiring all owners of

20  lands in said district to show cause in writing before said

21  board of supervisors at a time and place to be stated in such

22  notice why such division of said district into such units

23  should not be approved, and said system of development by

24  units should not be adopted and given effect by said board,

25  and why the proceedings and powers authorized by this section

26  of this act should not be had, taken, and exercised. At the

27  time and place stated in said notice, said board of

28  supervisors shall hear all objections or causes of objection,

29  all of which shall be in writing, of any landowner in said

30  district to the matters mentioned and referred to in such

31  notice, and if no objections are made, or if objections are


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 1  made, shall be overruled by said board, then said board shall

 2  enter in its minutes its findings and order confirming said

 3  resolution and may thereafter proceed with the development,

 4  drainage, and reclamation of said district by units pursuant

 5  to such resolution and to the provisions of this act. If,

 6  however, said board of supervisors shall find as a result of

 7  such objections, or any of them or the hearing thereon, that

 8  the division of said district into such units as aforesaid

 9  should not be approved, or that said system of development by

10  units should not be adopted and given effect, or that the

11  proceedings and powers authorized by this section should not

12  be had, taken, or exercised, or that any other matter or thing

13  embraced in said resolution would not be in the best interest

14  of the landowners of said district or would be unjust or

15  unfair to any landowner therein or otherwise inconsistent with

16  fair and equal protection and enforcement of the rights of

17  every landowner in said district, then said board of

18  supervisors shall not proceed further under such resolution,

19  but said board of supervisors may, as a result of such

20  hearing, modify or amend said resolution so as to meet such

21  objections so made, and thereupon said board may confirm said

22  resolution as so modified or amended and may thereafter

23  proceed accordingly. The sustaining of such objections and the

24  rescinding of such resolutions shall not exhaust the power of

25  said board under this section but, at any time not less than 1

26  year after the date of the hearing upon any such resolution,

27  the board of supervisors may adopt other resolutions under

28  this section and thereupon proceed on due notice in like

29  manner as above. If said board of supervisors shall overrule

30  or refuse to sustain any such objections in whole or in part

31  made by a landowner in the district, or if any such landowner


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 1  shall deem himself or herself aggrieved by any action of the

 2  board of supervisors in respect to any objections so filed,

 3  such landowner may, within 10 days after the ruling of said

 4  board, file his or her bill of complaint in the Circuit Court

 5  in and for Broward County, against said district, praying an

 6  injunction or other appropriate relief against the action or

 7  any part of such action proposed by such resolution or

 8  resolutions of said board and, such suits shall be conducted

 9  like other suits, except that said suits shall have preference

10  over all other pending actions except criminal actions and

11  writs of habeas corpus. Upon the hearing of said cause said

12  circuit court shall have the power to hear the objections and

13  receive the evidence thereon of all parties to such cause and

14  approve or disapprove said resolutions and action of said

15  board in whole or in part, and to render such decree in such

16  cause as right and justice require. When said resolutions

17  creating said unit system shall be confirmed by the board of

18  supervisors or by the Circuit Court in and for Broward County

19  if such proposed action shall be challenged by a landowner by

20  the judicial proceedings hereinabove authorized, said board of

21  supervisors may adopt a plan or plans of reclamation for and

22  in respect to any or all such units and have the benefits and

23  the damages resulting therefrom assessed and apportioned by

24  commissioners appointed by the circuit court, and have the

25  report of the said commissioners considered and confirmed, all

26  in like manner as is provided by law in regard to plans of

27  reclamation for and assessments for benefits and damages of,

28  the entire district. With respect to plan of reclamation,

29  notices, appointment of commissioners to assess benefits and

30  damages, report of commissioners, and notice and confirmation

31  thereof, the levy of assessments and taxes, including


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 1  maintenance taxes, and the issuance of bonds and all other

 2  proceedings as to each and all of such units, said board shall

 3  follow and comply with the same procedure as is provided by

 4  law with respect to the entire district, and said board of

 5  supervisors shall have the same powers in respect to each and

 6  all of such units as is vested in them with respect to the

 7  entire district. All the provisions of this act shall apply to

 8  the drainage, reclamation, and improvement of each, any, and

 9  all of such units, and the enumeration of or reference to

10  specific powers or duties of the supervisors or any other

11  officers or other matters in this act as hereinabove set

12  forth, shall not limit or restrict the application of any and

13  all of the proceedings and powers herein to the drainage and

14  reclamation of such units as fully and completely as if such

15  unit or units were specifically and expressly named in every

16  section and clause of this act where the entire district is

17  mentioned or referred to. All assessments, levies, taxes,

18  bonds, and other obligations made, levied, assessed, or issued

19  for or in respect to any such unit or units shall be a lien

20  and charge solely and only upon the lands in such units,

21  respectively, for the benefit of which the same shall be

22  levied, made, or issued, and not upon the remaining units or

23  lands in said district. The board of supervisors may at any

24  time amend its said resolutions by changing the location and

25  description of lands in any such unit or units; and provided,

26  further, that if the location of or description of lands

27  located in any such unit or units is so changed, notice of

28  such change shall be published as hereinabove required in this

29  section for notice of the formation or organization of such

30  unit or units, and all proceedings shall be had and done in

31  that regard as are provided in this section for the original


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 1  creation of such unit or units, provided, however, that no

 2  lands against which benefits shall have been assessed may be

 3  detached from any such unit after the confirmation of the

 4  commissioners' report of benefits in such unit or units or the

 5  issuance of bonds or other obligations which are payable from

 6  taxes or assessments for benefits levied upon the lands within

 7  such unit or units.

 8         (2)  Provided, however, that if, after the confirmation

 9  of the commissioners' report of benefits in such unit or

10  units, or the issuance of bonds or other obligations which are

11  payable from taxes or assessments for benefits levied upon

12  lands within such unit or units, the board of supervisors

13  finds the plan of reclamation for any such unit or units

14  insufficient or inadequate for efficient development, the plan

15  of reclamation may be amended or changed as provided in

16  chapter 298, Florida Statutes, and the unit or units may be

17  amended or changed as provided in this section, by changing

18  the location and description of lands in any such unit or

19  units, by detaching lands therefrom or by adding land thereto,

20  upon the approval of at least 51 percent of the landowners

21  according to acreage, in any such unit and 75 percent of the

22  holders of bonds issued in respect to any such unit, and

23  provided that in such event all assessments, levies, taxes,

24  bonds, and other obligations made, levied, assessed, incurred,

25  or issued for or in respect to any such unit or units may be

26  allocated and apportioned to the amended unit or units in

27  proportion to the benefits assessed by the commissioners'

28  report for the amended plan of reclamation and said report

29  shall specifically provide for such allocation and

30  apportionment.  The landowners and all bondholders shall file

31  their approval of or objections to such amended plan of


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 1  reclamation in accordance with section 298.301, Florida

 2  Statutes, and shall file their approval of or objections to

 3  the amendment of such unit as provided in this section.

 4         (3)  No lands shall be detached from any unit after the

 5  issuance of bonds or other obligations for such unit except

 6  upon the consent of 75 percent of all the holders of such

 7  bonds or other obligations.  In the event of the change of the

 8  boundaries of any unit as provided herein and the allocation

 9  and apportionment to the amended unit or units of assessments,

10  levies, taxes, bonds, and other obligations in proportion to

11  the benefits assessed by the commissioners' report for the

12  amended plan of reclamation, the holder of bonds or other

13  obligations heretofore issued for the original unit who

14  consents to such allocations and apportionment shall be

15  entitled to all rights and remedies against any lands added to

16  the amended unit or units as fully and to the same extent as

17  if such added lands had formed and constituted a part of the

18  original unit or units at the time of the original issuance of

19  such bonds or other obligations, regardless of whether the

20  holder of such bonds or other obligations is the original

21  holder thereof or the holder from time to time hereafter, and

22  the rights and remedies of such holder against the lands in

23  the amended unit or units, including any lands added thereto,

24  under such allocation and apportionment, shall constitute

25  vested and irrevocable rights and remedies to the holder from

26  time to time of such bonds or other obligations as fully and

27  to the same extent as if such bonds or other obligations had

28  been originally issued to finance the improvements in such

29  amended unit or units under such amended plan of reclamation.

30         Section 18.  Severability.--In case any one or more of

31  the sections or provisions of this act or the application of


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 1  such sections or provisions to any situation, circumstances,

 2  or person shall for any reason be held to be unconstitutional,

 3  such unconstitutionality shall not affect any other sections

 4  or provisions of this act or the application of such sections

 5  or provisions to any other situation, circumstances, or

 6  person, and it is intended that this law shall be construed

 7  and applied as if such section or provision had not been

 8  included herein for any unconstitutional application.

 9         Section 19.  Notice of intention.--It is found and

10  determined that notice of intention to apply for this

11  legislation was given in the time, form, and manner required

12  by the Florida Constitution and by law. Said notice is found

13  to be sufficient and is hereby validated and approved.

14         Section 4.  This act shall take effect upon becoming a

15  law.

16  

17  

18  

19  

20  

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23  

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31  


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