Senate Bill sb2788

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2005        (NP)                      SB 2788

    By Senator Campbell





    32-1888C-05                                     See CS/HB 1043

  1                      A bill to be entitled

  2         An act relating to the North Lauderdale Water

  3         Control District, Broward County; amending,

  4         reenacting, repealing, and codifying chapters

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

  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 s. 112.061, F.S.;

24         providing that the interest rate on bonds

25         issued by the board not exceed the maximum rate

26         allowed by law; providing that the interest

27         rates on tax anticipation notes issued by the

28         board shall not exceed the maximum rate allowed

29         by law; deleting a provision relating to

30         payment of taxes not authorized in advance;

31         providing for the use of non-ad valorem

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    Florida Senate - 2005        (NP)                      SB 2788
    32-1888C-05                                     See CS/HB 1043




 1         assessments; updating references to ch. 298,

 2         F.S.; providing for severability; providing an

 3         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

                                  2

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    Florida Senate - 2005        (NP)                      SB 2788
    32-1888C-05                                     See CS/HB 1043




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

 2  dependent drainage district, the territorial boundaries of

 3  which are 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

                                  3

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    Florida Senate - 2005        (NP)                      SB 2788
    32-1888C-05                                     See CS/HB 1043




 1         KIMBERLY VILLAGE- Section 3, according to the

 2         plat thereof, as recorded in Plat Book 70 of,

 3         Page 13 of the Public Records of Broward

 4         County, 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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    Florida Senate - 2005        (NP)                      SB 2788
    32-1888C-05                                     See CS/HB 1043




 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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    Florida Senate - 2005        (NP)                      SB 2788
    32-1888C-05                                     See CS/HB 1043




 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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    Florida Senate - 2005        (NP)                      SB 2788
    32-1888C-05                                     See CS/HB 1043




 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 Northwest 62nd Street;

 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 SUNSHINE STATE PARKWAY point

16         also being the Northeast corner of The Cummings

17         Plat No. 1 according to the Plat thereof, as

18         recorded in Plat Book 126, Page 35 of the

19         Public Records of Broward 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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    Florida Senate - 2005        (NP)                      SB 2788
    32-1888C-05                                     See CS/HB 1043




 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 line and

19  continuing along the South right-of-way line of McNab Road

20  (Southwest 15th Street) PER BROADVIEW COUNTRY CLUB ESTATES,

21  according to the Plat thereof, as recorded in Plat Book 44,

22  Page 31 of the Public Records of Broward County, Florida a

23  distance of 1805.38 feet;

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

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

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

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

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

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

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

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

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    Florida Senate - 2005        (NP)                      SB 2788
    32-1888C-05                                     See CS/HB 1043




 1         according to the Plat thereof, as recorded in

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

 3         Broward County, Florida.

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

 5         a distance of 188.48 feet to the East

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

 7         Township 49 South, Range 41 East;

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

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

10         line of Bailey Road;

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

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

13         a point on the centerline of Northwest 61st

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

15         BANYAN LAKES according to the Plat thereof, as

16         recorded in Plat Book 102, Page 18 of the

17         Public records of Broward County, Florida;

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

19         a distance of 49.96 feet to the previously

20         described centerline of Bailey Road;

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

22         a distance of 1318.70 feet to the West line of

23         said Section 11;

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

25         line, a distance of 1323.04 feet to the

26         Northeast corner of The MAINLANDS OF TAMARAC

27         LAKES EIGHTH SECTION according to the Plat

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

29         of the Public Records of Broward County,

30         Florida;

31  

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    Florida Senate - 2005        (NP)                      SB 2788
    32-1888C-05                                     See CS/HB 1043




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

 2         of said MAINLANDS OF TAMARAC SECTION EIGHT, a

 3         distance of 1320.00 feet to the Southeast

 4         corner of The MAINLANDS OF TAMARAC LAKES TENTH

 5         SECTION, according to the Plat thereof, as

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

 7         Records of Broward County, Florida;

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

 9         of said MAINLANDS OF TAMARAC LAKES TENTH

10         SECTION, a distance of 1320.00 feet to the

11         Northeast corner of said plat;

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

13         of said MAINLANDS OF TAMARAC LAKES TENTH

14         SECTION, a distance of 1320.00 feet to the

15         Southeast corner of The Mainlands of Tamarac

16         Lakes Unit Fifteen according to the plat

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

18         the Public Records of Broward County, Florida;

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

20         of said MAINLANDS OF TAMARAC LAKES UNIT FIFTEEN

21         a distance of 2642.99 feet to the North line of

22         Section 10 said LINE BEING 15.00 feet South of

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

24         of McNab Road as shown on said Plat;

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

26         a distance of 1320.00 feet to the East line of

27         McNab Commercial Subdivision No. 1 plat

28         (71-13);

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

30         a distance of 7231.05 feet to the South line of

31         Section 34;

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    Florida Senate - 2005        (NP)                      SB 2788
    32-1888C-05                                     See CS/HB 1043




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

 2         a distance of 158.14 feet;

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

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

 5         South Florida Water Management District Canal

 6         C-14 (Pompano Canal) per North Lauderdale

 7         Village Section Five plat (109-25);

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

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

10         the East line of Section 34;

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

12         feet to the POINT OF BEGINNING;

13                        AND ALSO:

14         Portions of Sections 12 and 13, Township 49

15         South, Range 41 East, Broward County, Florida;

16         Together with portions of Sections 7 and 18,

17         Township 49 South, Range 42 East Broward

18         County, Florida; Together with portions of

19         Tracts 4, 8, 9, and 16, "FORT LAUDERDALE TRUCK

20         FARMS" according to the Public Records of

21         Broward County, Florida; Together with a

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

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

24         Palm Beach County Records; Together with all of

25         the following plats recorded in the Public

26         Records of Broward County, Florida, "BROADVIEW

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

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

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

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

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

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    Florida Senate - 2005        (NP)                      SB 2788
    32-1888C-05                                     See CS/HB 1043




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

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

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

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

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

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

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

 8         1", Plat Book 52, Page 7, "POMPANO PARK SECTION

 9         2", Plat Book 54, Page 12, "POMPANO PARK

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

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

12         56, Page 3, "BROADVIEW COUNTRY CLUB ESTATES,

13         11TH ADDITION", Plat Book 56, Page 28,

14         "BROADVIEW COUNTRY CLUB ESTATES, 12TH

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

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

17         58 Page 18, "BROADVIEW COUNTRY CLUB ESTATES,

18         15TH ADDITION", Plat Book 62, Page 35, "PERRY'S

19         ADDITION TO BROADVIEW COUNTRY CLUB ESTATES",

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

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

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

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

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

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

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

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

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

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

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

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

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    Florida Senate - 2005        (NP)                      SB 2788
    32-1888C-05                                     See CS/HB 1043




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

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

 3         115, Page 44, "PLAZA SEVEN SUBDIVISION", Plat

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

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

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

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

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

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

10         said portions being more particularly described

11         as follows:

12              Beginning at the intersection of a line

13         lying 170.00 feet East of the West line of said

14         Section 12, and the North line of said Section

15         12; said line also being the municipal limits

16         of North Lauderdale per Chapter 83-475, House

17         Bill No. 926, Laws of Florida;

18              THENCE along said North line and said

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

20         5,098.96 feet to an intersection with a point

21         on a line lying 15 feet West of and parallel

22         with the East Line of the Northeast Quarter

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

24              THENCE along said parallel line, and said

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

26         2,644.43 feet;

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

28         a point on the Westerly right of way of

29         Florida's Turnpike;

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

31         Westerly right of way and said Municipal Limits

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    Florida Senate - 2005        (NP)                      SB 2788
    32-1888C-05                                     See CS/HB 1043




 1         line to the Northerly prolongation of the West

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

 3         FARMS CO. Plat No. 3;

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

 5         Northerly prolongation and along the East right

 6         of way line of State Road 7 said line also

 7         being the Municipal Limits of Fort Lauderdale

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

 9         Laws of Florida and City of Ft. Lauderdale

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

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

12         Florida Department of Transportation

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

14         (Latest Date 4/17/95);

15              THENCE easterly along said North

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

17         with a line lying 249.00 feet East of and

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

19         said State Road 7;

20              THENCE Southerly along said line to an

21         intersection with the South line of the

22         aforesaid Tract 10;

23              THENCE along said South line, 987.82 feet

24         to an intersection with the Northerly Extension

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

26         according to the plat thereof as recorded in

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

28         of Broward County, Florida;

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

30         Westerly line and the Westerly line of

31         "PROSPECT INDUSTRIAL AND COMMERCIAL PARK"

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    Florida Senate - 2005        (NP)                      SB 2788
    32-1888C-05                                     See CS/HB 1043




 1         according to the plat thereof as recorded in

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

 3         Broward County, Florida, said line also being

 4         the Municipal Limits of Fort Lauderdale per

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

 6         line of said PROSPECT INDUSTRIAL AND COMMERCIAL

 7         PARK Plat;

 8              THENCE easterly along the said South line

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

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

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

12         Section 18;

13              THENCE Southerly along said West line, and

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

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

16         North right-of-way line of Commercial Boulevard

17         (N.W. 50th Street);

18              THENCE along said North right of way line,

19         said line also being the Municipal Limits of

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

21         being the South lines of said "GUARDIAN PLAT",

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

23         line 861.25 feet West of the East Boundary of

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

25         Section 18;

26              THENCE along said Municipal Limits line

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

28         00°29'16" West along said line said line also

29         being the East line "TAMARAC BUSINESS CENTER"

30         according to the plat thereof, as recorded in

31         Plat Book 61, Page 27 of the Public Records of

                                  15

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    Florida Senate - 2005        (NP)                      SB 2788
    32-1888C-05                                     See CS/HB 1043




 1         Broward county, Florida 446.72 feet (2) THENCE

 2         along the North line of said Plat, North

 3         88°29'17" West, 462.40 feet to an intersection

 4         with the Southerly Extension of the Westerly

 5         line of said "TAMARAC MINI STORAGE PLAT NO. 1";

 6              THENCE along the Municipal Limits of Fort

 7         Lauderdale per Ordinance C-73-4 the following

 8         Three (3) Courses, and along said Southerly

 9         Extension of said Westerly line and the

10         Westerly line of said "TAMARAC MINI STORAGE

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

12         feet to the Northeast Corner of "LEDER

13         COMMERCIAL SUBDIVISION", according to the Plat

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

15         the Public Records of Broward County, Florida;

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

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

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

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

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

21         658.62 feet to the South line of the Northwest

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

23              THENCE along the Municipal Limits of

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

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

26         West 153 feet along said South line and the

27         Westerly prolongation thereof to the West right

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

29         Northerly along said West right of way line to

30         an intersection with the South line of the

31         Southeast Quarter of Section 12, Township 49

                                  16

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    Florida Senate - 2005        (NP)                      SB 2788
    32-1888C-05                                     See CS/HB 1043




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

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

 3         more or less, to the intersection with the West

 4         line of said Tract 16 and the Southerly

 5         extension of the West line of said "POMPANO

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

 7         said line also being the East line of Tract 15

 8         of said FT. LAUDERDALE TRUCK FARMS Plat, North

 9         00°02'53" West, 1,320.05 feet to the Southeast

10         Corner of said "POMPANO PARK SECTION 1" PLAT;

11         (5) THENCE along the South line of the

12         aforesaid "POMPANO PARK SECTION 1" Plat and the

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

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

15         with the line lying 165.83 feet East of the

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

17         Northerly along said line 163.73 feet; (7)

18         THENCE Westerly along a line 163.73 feet North

19         of the South line of said Tract 10, 165.83 feet

20         to a Point on the West line of said Tract 10;

21         (8) THENCE along the West line of said Tract

22         10, North 01°03'51" East, 1,155.20 feet to an

23         intersection with the South line of the North

24         (N 1/2) of said Section 12; (9) THENCE along

25         said South line, North 88°56'09" West 2,470.48

26         feet to a POINT OF INTERSECTION with said line

27         lying 170.00 feet East of and parallel with the

28         West line of said Section 12;

29              THENCE along said parallel line said line

30         also being the Municipal Limits of the City of

31         North Lauderdale per Chapter 83-475 House Bill

                                  17

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    Florida Senate - 2005        (NP)                      SB 2788
    32-1888C-05                                     See CS/HB 1043




 1         926 Laws of Florida, North 00°00'05" East,

 2         2,646.09 feet to the POINT OF BEGINNING.

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

 4         127, Page 16 of the Public Records of Broward

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

 6         Township 49 south, Range 42 East, more

 7         particularly described as follows:

 8              Begin at the Northwest Corner of said

 9         "ANDY PLAT";

10              THENCE along the North line of said Plat

11         and Easterly prolongation thereof, said line

12         also being the Municipal Limits of Tamarac per

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

14         feet;

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

16         Municipal Limits of Oakland Park per Chapter

17         79-458 House Bill 1498, Laws of Florida, 426.14

18         feet;

19              THENCE along the South line of said "ANDY

20         PLAT" and Easterly prolongation thereof, said

21         line also being the Municipal Limits of

22         Lauderdale Lakes per Chapter 84-463, House Bill

23         1082, Laws of Florida, 130.09 feet;

24              THENCE along the West line of said Plat,

25         said line also being the Municipal Limits of

26         Lauderdale Lakes per Ordinance 87-10, North

27         00°08'24" West, 426.14 feet to the POINT OF

28         BEGINNING. Together with: all of the

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

30         the Public Records of Broward County, Florida,

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

                                  18

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    Florida Senate - 2005        (NP)                      SB 2788
    32-1888C-05                                     See CS/HB 1043




 1         Range 42 East, more particularly described as

 2         follows:

 3              BEGIN at the Northwest Corner of said

 4         CONTINENTAL PLAZA;

 5              THENCE along the North line of said Plat

 6         and Easterly prolongation thereof, said line

 7         also being the Municipal Limits of Tamarac per

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

 9         feet;

10              THENCE along the West line of CARVEL

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

12         of the Public Records of Broward County,

13         Florida, said line also being the Municipal

14         Limits of Lauderdale Lakes per Ordinance 87-10,

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

16              THENCE along the South line of said

17         CONTINENTAL PLAZA Plat and the Easterly

18         prolongation thereof said line also being the

19         Municipal Limits of Lauderdale Lakes per

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

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

22              THENCE along the West line of said Plat,

23         said line also being the Municipal Limits of

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

25         West, 426.15 feet to the POINT OF BEGINNING.

26              LESS THEREFROM: that portion of the City

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

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

29         Broward County, Florida, being more

30         particularly described as follows:

31  

                                  19

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    Florida Senate - 2005        (NP)                      SB 2788
    32-1888C-05                                     See CS/HB 1043




 1              BEGINNING at the Northwest corner of the

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

 3         1/4) of the Northwest One Quarter (N.W. 1/4) of

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

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

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

 7         1/2) of the Southeast One Quarter (N.W. 1/4), a

 8         distance of 15.00 feet;

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

10         10.00 feet;

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

12         West of and parallel to the said West line of

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

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

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

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

17         10.00 feet to a point on the West line of said

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

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

20         1/4);

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

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

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

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

25         18.33 feet to the POINT OF BEGINNING.

26                        AND ALSO:

27              Portions of Section 18, Township 49 South,

28         Range 42 East Broward County, Florida;

29              TOGETHER with all of the following plats

30         recorded in the public records of Broward

31         County, Florida. DARGEL-MINNET PLAT, Plat Book

                                  20

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    Florida Senate - 2005        (NP)                      SB 2788
    32-1888C-05                                     See CS/HB 1043




 1         104, Page 16, "GUARDIAN PLAT," Plat Book 111,

 2         Page 50, "TAMARAC MINI STORAGE PLAT No. 1,"

 3         Plat Book 112, Page 2, "THE POINT," Plat Book

 4         119, Page 28, "K.M.R. Plat," Plat Book 127,

 5         Page 4, said portions being more particularly

 6         described as follows:

 7              BEGINNING at the North West Plat Corner of

 8         Tract "A", TAMARAC MINI STORAGE PLAT No. 1,

 9         Plat Book 112, Page 2, according to the Plat

10         thereof;

11              THENCE South 88°20'25" East along the

12         North line of said Tract "A" and Easterly

13         extension thereof, and along the North line of

14         said DARGEL-MINNET PLAT and Easterly extension

15         thereof to the intersection of the East line of

16         the Northwest Quarter (NW 1/4) of said Section

17         18, a distance of 1323.66 feet;

18              THENCE South 00°11'46" East along said

19         East line and along the East line of the

20         Southwest Quarter (SW 1/4) of said Section 18 a

21         distance of 1131.18 feet to the North

22         Right-of-way line of Commercial Boulevard (N.W.

23         50th Street) said line also being the City of

24         Tamarac Boundary per Ordinance No. 0-81-17;

25              THENCE along said Right-of-way and

26         Boundary line North 88°32'02" West, 859.65 feet

27         to an intersection with the Easterly line of

28         "TAMARAC BUSINESS CENTER," according to the

29         Plat thereof as recorded in Plat Book 61, Page

30         27 of the public records of Broward County,

31         Florida;

                                  21

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    Florida Senate - 2005        (NP)                      SB 2788
    32-1888C-05                                     See CS/HB 1043




 1              THENCE North 00°29'16" West along the

 2         Easterly line of said "TAMARAC BUSINESS CENTER"

 3         and said Boundary line 456.73 feet to the

 4         Northeast corner of said "TAMARAC BUSINESS

 5         CENTER";

 6              THENCE North 88°29'17" West along the

 7         Northerly line of said "TAMARAC BUSINESS

 8         CENTER" and said Boundary Line 462.40 feet to

 9         an intersection with the Southerly extension of

10         the West line of said "TAMARAC MINI STORAGE

11         PLAT No. 1" and said Boundary line;

12              THENCE along said Southerly extension and

13         West line, North 00°07'30" West, 678.60 feet to

14         the POINT OF BEGINNING.

15              Said lands situate and lying in Broward

16         County, Florida.

17  

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

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

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

21  from the effects of water and thereby the making of said lands

22  available for agricultural purposes, by drainage, reclamation,

23  and improvement, in the creation of said district with the

24  powers vested in it by this act are in the interest of and

25  conducive to the public welfare, health, and convenience.

26         Section 2.  Provisions of chapter 298, Florida

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

28  political subdivision of the state is hereby created under the

29  name and style of "North Lauderdale Water Control District."

30  The provisions of the general drainage laws of Florida

31  applicable to drainage districts which are embodied in chapter

                                  22

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    Florida Senate - 2005        (NP)                      SB 2788
    32-1888C-05                                     See CS/HB 1043




 1  298, Florida Statutes, and all the laws amendatory thereof,

 2  now existing or hereinafter enacted so far as not inconsistent

 3  with this act, are hereby declared to be applicable to said

 4  North Lauderdale Water Control District. Said North Lauderdale

 5  Water Control District shall have all the powers and

 6  authorities mentioned in or conferred by chapter 298, Florida

 7  Statutes, and acts amendatory thereof, except as herein

 8  otherwise provided.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

24  necessary and convenient for the exercise of the powers or

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

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

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

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

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

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

31  locks, reservoirs, pumping stations, and water control

                                  23

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    Florida Senate - 2005        (NP)                      SB 2788
    32-1888C-05                                     See CS/HB 1043




 1  structures, the board of supervisors and its agents and

 2  employees shall have the authority to enter at all reasonable

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

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

 5  machinery, and materials necessary to properly maintain,

 6  preserve, and operate such drainage works and in furtherance

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

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

 9  roads necessary and convenient to provide access to, and

10  efficient development of, areas made suitable and available

11  for cultivation, settlement, and other beneficial use and

12  development as a result of the drainage and reclamation

13  operations of the district; to borrow money and issue

14  negotiable or other bonds of said district as hereinafter

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

16  negotiable or other notes of said district therefor, bearing

17  interest not exceeding the rate prescribed by Florida general

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

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

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

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

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

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

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

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

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

27  through the board of supervisors thereof, which board shall

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

29  employees, and representatives as the board of supervisors may

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

31  duties.

                                  24

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    Florida Senate - 2005        (NP)                      SB 2788
    32-1888C-05                                     See CS/HB 1043




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

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

 3  of Supervisors of North Lauderdale Water Control District,

 4  which shall be the governing body of said district. The board

 5  of supervisors of said district shall be composed of five

 6  members, who shall be the five sitting members of the City

 7  Commission of the City of North Lauderdale.

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

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

10  office as a member of the city commission. Each member shall

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

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

13  city commission.

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

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

16  in office.

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

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

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

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

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

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

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

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

25  board of supervisors shall have the power to call special

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

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

28  board of supervisors by causing publication thereof to be made

29  once at least 7 days prior to such meeting in some newspaper

30  published in Broward County or by sending notice through the

31  mail to each landowner. In cases of emergency as determined by

                                  25

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    Florida Senate - 2005        (NP)                      SB 2788
    32-1888C-05                                     See CS/HB 1043




 1  a majority of the board, this notice requirement may be

 2  waived. The meetings shall be held in some public place in

 3  accordance with chapter 286, Florida Statutes, and the place,

 4  day, and hour of holding such meeting shall be stated in the

 5  notice. The chair of the board of supervisors shall preside at

 6  such meeting. The City Clerk of the City of North Lauderdale

 7  shall serve as the secretary of the board of supervisors at

 8  all meetings. The Board of Supervisors of the North Lauderdale

 9  Water Control District shall meet not less than 3 times per

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

11  in this act.

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

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

14  be reimbursed for his or her travel expenses pursuant to

15  section 112.061, Florida Statutes, as may be amended from time

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

17  his or her place of residence to the place of meeting.

18         Section 7.  Taxes and assessments, levied and

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

20  valorem assessments shall be levied and apportioned as

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

22  Florida, chapter 298, Florida Statutes, and amendments

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

24  that the following provisions shall apply to said district:

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

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

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

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

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

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

31  said board, no later than July 1 of each year, to the property

                                  26

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    Florida Senate - 2005        (NP)                      SB 2788
    32-1888C-05                                     See CS/HB 1043




 1  appraiser of Broward County. Said tax or assessment shall be

 2  extended by the county property appraiser on the county tax

 3  roll and shall be collected by the tax collector in the same

 4  manner and time as county taxes, and the proceeds thereof paid

 5  to said district.

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

 7  298.54, Florida Statutes, and amendments thereto shall not be

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

 9  provisions shall apply to said district: to maintain and

10  preserve the improvements made pursuant to this chapter and to

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

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

13  of supervisors may, upon completion of said improvements in

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

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

16  of land within the district, to be known as "maintenance tax."

17  Said maintenance tax shall be apportioned upon the basis of

18  the net non-ad valorem assessments of benefits assessed as

19  accruing for original construction, and shall be evidenced to

20  and certified by said board not later than July 1 of each year

21  to the property appraiser of Broward County, and shall be

22  extended by the county property appraiser on the county tax

23  roll, and shall be collected by the county property appraiser

24  in the same manner and time as county taxes and the proceeds

25  therefrom paid to said district. Said tax shall be a lien

26  until paid on the property upon which assessed, and

27  enforceable in like manner as county taxes.

28         Section 9.  Levy of taxes and assessments on fractional

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

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

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

                                  27

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    Florida Senate - 2005        (NP)                      SB 2788
    32-1888C-05                                     See CS/HB 1043




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

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

 3  acre.

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

 5  collection and enforcement of all taxes and assessments levied

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

 7  as the county. The provisions of the Florida Statutes relating

 8  to the sale of lands for unpaid and delinquent county taxes

 9  and assessments, the issuance, sale, and delivery of tax

10  certificates for such unpaid and delinquent county taxes, the

11  redemption thereof, the issuance to individuals of tax deeds

12  based thereon, and all other procedures in connection

13  therewith shall be applicable to said district and the

14  delinquent and unpaid taxes and assessments of said district

15  to the same extent as if said statutory provisions were

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

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

18         Section 11.  When unpaid tax or assessment is

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

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

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

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

23  Florida Statutes, shall be and become delinquent and bear

24  penalties and interest at the highest rate authorized by

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

26  district legislation imposing the assessment.

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

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

29  treasurer, etc.

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

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

                                  28

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    Florida Senate - 2005        (NP)                      SB 2788
    32-1888C-05                                     See CS/HB 1043




 1  total amount of the taxes levied under the provisions of

 2  section 298.305, Florida Statutes, in denominations of not

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

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

 5  semiannually, to mature at annual intervals within 40 years

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

 7  determined by the board of supervisors; both principal and

 8  interest payable at some convenient place designated by the

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

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

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

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

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

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

15  the board of supervisors may deem necessary to meet the

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

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

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

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

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

21  drainage tax shall be appropriated by the board of supervisors

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

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

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

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

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

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

28  and said interest shall be appropriated by the board of

29  supervisors out of the penalties and interest collected on

30  delinquent taxes or other available funds of the district.

31  Provided, however, that it may, in the discretion of said

                                  29

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    Florida Senate - 2005        (NP)                      SB 2788
    32-1888C-05                                     See CS/HB 1043




 1  board, be provided that at any time, after such date as shall

 2  be fixed by said board, said bonds may be redeemed before

 3  maturity at the option of said board, or their successors in

 4  office, by being made callable prior to maturity at such times

 5  and upon such prices and terms and other conditions as said

 6  board shall determine. If any bond so issued subject to

 7  redemption before maturity shall not be presented when called

 8  for redemption, it shall cease to bear interest from and after

 9  the date so fixed for redemption.

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

11  have authority to issue refunding bonds to take up any

12  outstanding bonds and any interest accrued thereon when, in

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

14  of said district to do so. Said board is hereby authorized and

15  empowered to issue refunding bonds to take up and refund all

16  bonds of said district outstanding that are subject to call

17  and prior redemption, and all interest accrued to the date of

18  such call or prior redemption, and all bonds of said district

19  that are not subject to call or redemption, together with all

20  accrued interest thereon, where the surrender of said bonds

21  can be procured from the holders thereof at prices

22  satisfactory to the board or can be exchanged for such

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

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

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

26  district financially or economically to secure a lower rate of

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

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

29  board advantageous to said district. Such refunding bonds may

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

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

                                  30

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    Florida Senate - 2005        (NP)                      SB 2788
    32-1888C-05                                     See CS/HB 1043




 1  said refunding bonds. Said refunding bonds shall bear such

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

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

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

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

 6  All the other applicable provisions of this act not

 7  inconsistent therewith shall apply fully to said refunding

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

 9  remedies, and security of the outstanding bonds refunded,

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

11  board authorizing the issuance of such refunding bonds. Any

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

13  principal and interest of outstanding bonds may be retained in

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

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

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

17  authorized under the provisions of this section and the

18  interest thereon and a reasonable compensation for paying same

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

20  and collected for the purpose of meeting the expenses of

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

22  supervisors in making the annual tax levy as heretofore

23  provided to take into account the maturing bonds and interest

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

25  the payment of same.

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

27  under the provisions of section 298.305, Florida Statutes, are

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

29  issued, then the board of supervisors shall make such

30  additional levy or levies upon the benefits assessed as are

31  necessary for this purpose, and under no circumstances shall

                                  31

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    Florida Senate - 2005        (NP)                      SB 2788
    32-1888C-05                                     See CS/HB 1043




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

 2  extent impair the security of said bonds or the funds

 3  available for the payment of the principal and interest of

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

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

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

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

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

 9  ordered by said board of supervisors any and all moneys

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

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

12  to the purchaser or purchasers thereof under and according to

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

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

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

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

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

18  for use as evidence whenever and wherever legally requested so

19  to do. Said treasurer shall promptly report all sales of bonds

20  to the board of supervisors. The board shall, at a reasonable

21  time thereafter, prepare and issue warrants in substantially

22  the form provided in section 298.17, Florida Statutes, for the

23  payment of maturing bonds so sold and the interest payments

24  coming due on all bonds sold. Each of said warrants shall

25  specify what bonds and accruing interest it is to pay, and the

26  treasurer shall place sufficient funds at the place of payment

27  to pay the maturing bonds and coupons when due, together with

28  necessary compensation for paying same. The successor in

29  office of any such treasurer shall not be entitled to said

30  bonds or the proceeds thereof until he or she shall have

31  complied with all of the foregoing provisions applicable to

                                  32

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    Florida Senate - 2005        (NP)                      SB 2788
    32-1888C-05                                     See CS/HB 1043




 1  his or her predecessor in office. The aforesaid bond of said

 2  treasurer, if said board shall so direct, may be furnished by

 3  a surety or bonding company, which may be approved by said

 4  board of supervisors; provided, if it should be deemed more

 5  expedient to said board of supervisors as to money derived

 6  from the sale of bonds issued, said board may, by resolution,

 7  select some suitable bank or banks or other depository as

 8  temporary treasurer or treasurers to hold and disburse said

 9  moneys upon the order of said board as the work progresses,

10  until such fund is exhausted or transferred to the treasurer

11  by order of said board of supervisors. The funds derived from

12  the sale of said bonds or any of them shall be used for the

13  purpose of paying the cost of the drainage works and

14  improvements, and such costs, fees, expenses, and salaries as

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

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

17  authorized.--

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

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

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

21  all the qualities of negotiable paper under the law merchant

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

23  proceedings for the issuance and sale thereof and shall be

24  incontestable in the hands of bona fide purchasers or holders

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

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

27  act. The provisions of this act shall constitute an

28  irrepealable contract between said board of supervisors and

29  said North Lauderdale Water Control District and the holders

30  of any bonds and the coupons thereof issued pursuant to the

31  provisions hereof. Any holder of any of said bonds or coupons

                                  33

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    Florida Senate - 2005        (NP)                      SB 2788
    32-1888C-05                                     See CS/HB 1043




 1  may, either in law or by equity, suit, action, or mandamus,

 2  enforce and compel the performance of the duties required by

 3  this act of any of the officers or persons mentioned in this

 4  act in relation to said bonds or to the correct enforcement

 5  and application of the taxes for the payment thereof.

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

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

 8  treasurer, and they shall be canceled and an appropriate

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

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

11  office of the treasurer and shall be opened for inspection by

12  any bondholder at any time.

13         Section 14.  Floating indebtedness.--

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

15  the collection thereof, the board of supervisors shall have

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

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

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

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

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

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

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

23  temporary obligations or interim certificates after the

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

25  the sale thereof, said temporary obligations and interim

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

27  the sale of said bonds.

28         (3)  Said temporary obligations and interim

29  certificates shall have all the rights and privileges of the

30  permanent bondholders.

31  

                                  34

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    Florida Senate - 2005        (NP)                      SB 2788
    32-1888C-05                                     See CS/HB 1043




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

 2  and interim certificates shall be termed "floating

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

 4  debt as provided for herein.

 5         Section 15.  Eminent domain.--Said board of supervisors

 6  is hereby authorized and empowered to exercise the right of

 7  eminent domain and may condemn for the use of said district

 8  any and all lands, easements, rights-of-way, riparian rights,

 9  and property rights of every description, in or out of said

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

11  board as herein granted, and may enter upon, take, and use

12  such lands as it may deem necessary for such purposes.

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

14  declared that in said district, surface waters, which shall

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

16  common enemy, and said district and any individual or agency

17  holding a permit to do so from said district shall have the

18  right to dike, dam, and construct levees to protect said

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

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

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

22  from within such dikes and levees.

23         Section 17.  Unit development; powers of supervisors to

24  designate units of district and adopt system of progressive

25  drainage by units; plans of reclamation and financing

26  assessments, etc. for each unit.--

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

28  Control District shall have the power and is hereby authorized

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

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

31  designated areas or parts of said district to be called

                                  35

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    Florida Senate - 2005        (NP)                      SB 2788
    32-1888C-05                                     See CS/HB 1043




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

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

 3  supervisors so that said units may be readily identified and

 4  distinguished. The board of supervisors shall have the power

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

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

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

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

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

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

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

12  after the work of draining and reclaiming of the entire

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

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

15  supervisors shall determine that it is advisable to conduct

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

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

18  resolution duly adopted and entered upon its minutes, declare

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

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

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

22  them appropriate numbers or names. As soon as practicable

23  after the adoption and recording of such resolution, said

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

25  consecutive weeks in a newspaper published in Broward County,

26  or duly notify the landowners by regular U.S. mail or

27  hand-delivery, briefly describing the units into which said

28  district has been divided and the lands embraced in each unit,

29  giving the name, number, or other designation of such units,

30  requiring all owners of lands in said district to show cause

31  in writing before said board of supervisors at a time and

                                  36

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    Florida Senate - 2005        (NP)                      SB 2788
    32-1888C-05                                     See CS/HB 1043




 1  place to be stated in such notice why such division of said

 2  district into such units should not be approved, and said

 3  system of development by units should not be adopted and given

 4  effect by said board, and why the proceedings and powers

 5  authorized by this section should not be had, taken, and

 6  exercised. At the time and place stated in said notice, said

 7  board of supervisors shall hear all objections or causes of

 8  objection, all of which shall be in writing, of any landowner

 9  in said district to the matters mentioned and referred to in

10  such notice, and if no objections are made, or if objections

11  are made and are overruled by said board, then said board

12  shall enter in its minutes its findings and order confirming

13  said resolution and may thereafter proceed with the

14  development, drainage, and reclamation of said district by

15  units pursuant to such resolution and to the provisions of

16  this act. If, however, said board of supervisors shall find as

17  a result of such objections, or any of them or the hearing

18  thereon, that the division of said district into such units as

19  aforesaid should not be approved, or that said system of

20  development by units should not be adopted and given effect,

21  or that the proceedings and powers authorized by this section

22  should not be had, taken, or exercised, or that any other

23  matter or thing embraced in said resolution would not be in

24  the best interest of the landowners of said district or would

25  be unjust or unfair to any landowner therein or otherwise

26  inconsistent with fair and equal protection and enforcement of

27  the rights of every landowner in said district, then said

28  board of supervisors shall not proceed further under such

29  resolution, but said board of supervisors may, as a result of

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

31  such objections so made, and thereupon said board may confirm

                                  37

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    Florida Senate - 2005        (NP)                      SB 2788
    32-1888C-05                                     See CS/HB 1043




 1  said resolution as so modified or amended and may thereafter

 2  proceed accordingly. The sustaining of such objections and the

 3  rescinding of such resolutions shall not exhaust the power of

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

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

 6  the board of supervisors may adopt other resolutions under

 7  this section and thereupon proceed on due notice in like

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

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

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

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

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

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

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

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

16  injunction or other appropriate relief against the action or

17  any part of such action proposed by such resolution or

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

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

20  over all other pending actions except criminal actions and

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

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

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

24  approve or disapprove said resolutions and action of said

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

26  cause as right and justice require. When said resolutions

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

28  supervisors or by the Circuit Court in and for Broward County,

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

30  the judicial proceedings hereinabove authorized, said board of

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

                                  38

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    Florida Senate - 2005        (NP)                      SB 2788
    32-1888C-05                                     See CS/HB 1043




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

 2  the damages resulting therefrom assessed and apportioned by

 3  commissioners appointed by the circuit court, and have the

 4  report of said commissioners considered and confirmed, all in

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

 6  reclamation for and assessments for benefits and damages of

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

 8  notices, appointment of commissioners to assess benefits and

 9  damages, report of commissioners, and notice and confirmation

10  thereof, the levy of assessments and taxes, including

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

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

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

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

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

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

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

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

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

20  specific powers or duties of the supervisors or any other

21  officers or other matters in this act as hereinabove set forth

22  shall not limit or restrict the application of any and all of

23  the proceedings and powers herein to the drainage and

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

25  unit or units were specifically and expressly named in every

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

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

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

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

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

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

                                  39

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    Florida Senate - 2005        (NP)                      SB 2788
    32-1888C-05                                     See CS/HB 1043




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

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

 3  time amend its said resolutions by changing the location and

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

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

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

 7  such change shall be published as hereinabove required in this

 8  section for notice of the formation or organization of such

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

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

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

12  lands against which benefits shall have been assessed may be

13  detached from any such unit after the confirmation of the

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

15  issuance of bonds or other obligations which are payable from

16  taxes or assessments for benefits levied upon the lands within

17  such unit or units.

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

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

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

21  payable from taxes or assessments for benefits levied upon

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

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

24  insufficient or inadequate for efficient development, the plan

25  of reclamation may be amended or changed as provided in

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

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

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

29  units, by detaching lands therefrom, or by adding land

30  thereto, upon the approval of at least 51 percent of the

31  landowners according to acreage in any such unit and 75

                                  40

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    Florida Senate - 2005        (NP)                      SB 2788
    32-1888C-05                                     See CS/HB 1043




 1  percent of the holders of bonds issued in respect to any such

 2  unit, and provided that in such event all assessments, levies,

 3  taxes, bonds, and other obligations made, levied, assessed,

 4  incurred, or issued for or in respect to any such unit or

 5  units may be allocated and apportioned to the amended unit or

 6  units in proportion to the benefits assessed by the

 7  commissioners' report for the amended plan of reclamation and

 8  said report shall specifically provide for such allocation and

 9  apportionment. The landowners and all bondholders shall file

10  their approval of or objections to such amended plan of

11  reclamation in accordance with section 298.301, Florida

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

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

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

15  issuance of bonds or other obligations for such unit except

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

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

18  boundaries of any unit as provided herein and the allocation

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

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

21  the benefits assessed by the commissioners' report for the

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

23  obligations heretofore issued for the original unit who

24  consents to such allocations and apportionment shall be

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

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

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

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

29  such bonds or other obligations, regardless of whether the

30  holder of such bonds or other obligations is the original

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

                                  41

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    Florida Senate - 2005        (NP)                      SB 2788
    32-1888C-05                                     See CS/HB 1043




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

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

 3  under such allocation and apportionment, shall constitute

 4  vested and irrevocable rights and remedies to the holder from

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

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

 7  been originally issued to finance the improvements in such

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

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

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

11  such sections or provisions to any situation, circumstances,

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

13  such unconstitutionality shall not affect any other sections

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

15  or provisions to any other situation, circumstances, or

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

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

18  included herein for any unconstitutional application.

19         Section 4.  Chapters 63-661, 82-273, 85-385, 94-428,

20  and 97-370, Laws of Florida, are repealed.

21         Section 5.  This act shall take effect upon becoming a

22  law.

23  

24  

25  

26  

27  

28  

29  

30  

31  

                                  42

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