Senate Bill sb2788
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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
1
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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,
8
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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,
12
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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
13
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Florida Senate - 2005 (NP) SB 2788
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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
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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
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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
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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,
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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
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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
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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;
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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
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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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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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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
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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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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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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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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
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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
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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
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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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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
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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.
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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
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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
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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
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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
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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
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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
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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
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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.
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