1 | A bill to be entitled |
2 | An act relating to the Pal-Mar Water Control District, |
3 | Palm Beach and Martin Counties; codifying, amending, |
4 | reenacting, and repealing special acts relating to the |
5 | district; providing boundaries; providing for a board of |
6 | supervisors; providing membership, terms of office, |
7 | removal from office, and powers of the board; repealing |
8 | chapters 82-356 and 85-483, Laws of Florida; providing for |
9 | severability; providing an effective date. |
10 |
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11 | Be It Enacted by the Legislature of the State of Florida: |
12 |
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13 | Section 1. Pursuant to section 189.429(1), Florida |
14 | Statutes, this act constitutes the codification of all special |
15 | acts relating to the Pal-Mar Water Control District. It is the |
16 | intent of the Legislature in enacting this law to provide a |
17 | single, comprehensive special act charter for the district, |
18 | including all current legislative authority granted to the |
19 | district by its prior legislative enactments and any additional |
20 | authority granted by this act. It is further the intent of this |
21 | act to preserve all district powers and authority as set forth |
22 | herein. |
23 | Section 2. Chapters 82-356 and 85-483, Laws of Florida, |
24 | are codified, reenacted, amended, and repealed as herein |
25 | provided. |
26 | Section 3. The Pal-Mar Water Control District is re- |
27 | created and the charter for such district is re-created and |
28 | reenacted to read: |
29 | Section 1. District created and boundaries thereof.--That |
30 | for the purpose of reclaiming and protecting the lands |
31 | hereinafter described from the effects of water by drainage or |
32 | otherwise, for sanitary and agricultural purposes, to be |
33 | conducive to the public health, convenience, and welfare of |
34 | public utility and benefit, and that such purposes will be |
35 | effected by the drainage of said lands, and for other purposes |
36 | stated in this act, a district is hereby created and established |
37 | in Palm Beach and Martin Counties, to be known as Pal-Mar Water |
38 | Control District, the territorial boundaries of which are as |
39 | follows: |
40 |
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41 | Begin at the point of intersection of the East line of |
42 | Section 32, Township 40 South, Range 41 East and the |
43 | North right of way line of State Road 706; thence run |
44 | Westerly along said right of way line to the |
45 | intersection of said North right of way line of State |
46 | Road 706 with the North right of way line of State |
47 | Road 710 (Bee Line Highway); thence run Northwesterly |
48 | along said North right of way line of said State Road |
49 | 710 to the intersection of said right of way line with |
50 | the West line of the East one-half (E?) of Section 23, |
51 | Township 40 South, Range 39 East; thence run Northerly |
52 | along said West line of the East one-half (E?) to the |
53 | Northerly line of said Section 23; thence run |
54 | Northerly along the West line of the East one-half |
55 | (E?) of Section 14, Township 40 South, Range 39 East, |
56 | to the Northerly line of said Section 14; thence run |
57 | Northerly along the West line of the East one-half |
58 | (E?) of Section 11, Township 40 South, Range 39 East, |
59 | to the Northerly line of Section 11, thence run |
60 | Northerly along the West line of the East one-half |
61 | (E?) of Section 2, Township 40 South, Range 39 East to |
62 | the South right of way line of State Road 76; thence |
63 | run Northeasterly along said South right of way line |
64 | of said State Road 76 to the intersection with the |
65 | East line of the West one-half (W?) of Section 36, |
66 | Township 39 South, Range 39 East; thence run Southerly |
67 | along said East line of the West one-half (W?) of said |
68 | Section 36 to the North line of Section 1, Township 40 |
69 | South, Range 39 East; thence run South along the East |
70 | line of the West one-half (W?) of said Section 1, |
71 | Township 40 South, Range 39 East to the North line of |
72 | Section 12, Township 40 South, Range 39 East; thence |
73 | run Southerly along the East line of the West one-half |
74 | (W?) of said Section 12 to the North line of Section |
75 | 13, Township 40 South, Range 39 East; thence run |
76 | Easterly along said North line to the Northeast corner |
77 | of said Section 13; thence run Southerly along the |
78 | East line of said Section 13 to an intersection with |
79 | the Old Jupiter Grade; thence meander said Old Jupiter |
80 | Grade Southeasterly through Section 18, Township 40 |
81 | South, Range 40 East, to the East line of said Section |
82 | 18; thence run Southerly along said East line to the |
83 | Southeast corner of said Section 18; thence run |
84 | Easterly along the North line of Section 20, Township |
85 | 40 South, Range 40 East, to the Northeast corner of |
86 | said Section 20; thence run Easterly along the North |
87 | line of Section 21, Township 40 South, Range 40 East, |
88 | to the Northeast corner of said Section 21; thence run |
89 | Northerly along the West line of Section 15, Township |
90 | 40 South, Range 40 East, to an intersection with the |
91 | Old Jupiter Grade; thence meander Southeasterly along |
92 | the Old Jupiter Grade to an intersection with the |
93 | South line of said Section 15; thence run Easterly |
94 | along said South line to the South Quarter Corner of |
95 | said Section 15; thence run Northerly along the West |
96 | line of the East one-half (E?) of said Section 15 to |
97 | the North line of said Section 15; thence run |
98 | Northerly along the West line of the East one-half |
99 | (E?) of Section 10, Township 40 South, Range 40 East, |
100 | to the North line of said Section 10; thence run |
101 | Easterly along said North line to the Northeast corner |
102 | of said Section 10; thence run Easterly along the |
103 | North line of Section 11, Township 40 South, Range 40 |
104 | East, to the Northeast corner of said Section 11; |
105 | thence run Easterly along the North line of Section |
106 | 12, Township 40 South, Range 40 East, to the Northeast |
107 | corner of said Section 12; thence run Southerly along |
108 | the East line of said Section 12 to the Southeast |
109 | corner of said Section 12; thence run Easterly along |
110 | the North line of Section 18, Township 40 South, Range |
111 | 41 East, to the Northeast corner; thence run Southerly |
112 | along the East line of said Section 18 to the |
113 | Southeast corner of said Section 18; thence run |
114 | Easterly along the North line of Section 20, Township |
115 | 40 South, Range 41 East, to the Northeast corner of |
116 | said Section 20; thence run Southerly along the East |
117 | line of said Section 20 to the Southeast corner of |
118 | said Section 20; thence run Southerly along the East |
119 | line of Section 29, Township 40 South, Range 41 East, |
120 | to the Southeast corner of said Section 29; thence run |
121 | Southerly along the East line of Section 32, Township |
122 | 40 South, Range 41 East, to the Point of Beginning. |
123 |
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124 | the foregoing boundaries containing and including the following |
125 | lands, to-wit: |
126 |
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127 | All that portion of the Southeast Quarter of Section |
128 | 35 lying South of State Road 76 and all of that |
129 | portion of the Southwest Quarter of Section 36, lying |
130 | South of State Road 76, Township 39 South, Range 39 |
131 | East; the West Half of Section 1, Township 40 South, |
132 | Range 39 East; that portion of the East Half of |
133 | Section 2 lying South of State Road 76, Township 40 |
134 | South, Range 39 East; the East Half of Section 11, the |
135 | West Half of Section 12, all of Section 13, the East |
136 | Half of Section 14, that portion of the East Half of |
137 | Section 23 lying North of State Road 710 and that |
138 | portion of Sections 24 and 25 lying North of State |
139 | Road 710, Township 40 South, Range 39 East. |
140 |
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141 | That portion of Section 18 lying South of the Old |
142 | Jupiter Grade, less the West 150 feet of said Section |
143 | 18; Section 19, less the West 150 feet of said Section |
144 | 19; all of Sections 20 and 21; all of Sections 27, 28, |
145 | 29 and 30, LESS the West 150 feet of Section 30, all |
146 | lying North of State Road 706 and 710; Sections 31, |
147 | 32, 33, 34, 35 and 36, Township 40 South, Range 40 |
148 | East, lying North of State Roads 706 and 710; and |
149 | Section 31, Township 40 South, Range 41 East; the East |
150 | one-half (E?) of Section 20 and all of Sections 29 and |
151 | 32, Township 40 South, Range 41 East, Palm Beach |
152 | County; EXCEPTING therefrom rights-of-way for public |
153 | roads. |
154 |
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155 | East Half of Section 10; all of Sections 11, 12, 13, |
156 | 14; East half of Section 15; that part of the West |
157 | half of Section 15 lying South of the Old Jupiter |
158 | Road; Section 22, except that part of the Northwest |
159 | Quarter (NW?) of Section 22, lying North of the Old |
160 | Jupiter Road; Sections 23 and 26; all in Township 40 |
161 | South, Range 40 East; the foregoing lands lying and |
162 | being in Martin County, Florida. |
163 |
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164 | West 150 feet of Section 18, South of the Old Jupiter |
165 | Grade and West 150 feet of Sections 19 and 30, North |
166 | of State Road 710, Township 40 South, Range 40 East; |
167 | that part of the Northwest Quarter of Section 22, |
168 | lying North of the Old Jupiter Grade, Township 40 |
169 | South, Range 40 East. |
170 |
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171 | Sections 24 and 25, Township 40 South, Range 40 East; |
172 | Section 18, 19 and 30, and the West half of Section |
173 | 20, Township 40 South, Range 41 East; EXCEPTING |
174 | therefrom rights-of-way for public roads. |
175 |
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176 | All that part of State Road S-711 lying in Sections |
177 | 18, 19, 30 and 31, Township 40 South, Range 41 East, |
178 | and also lying in Sections 24, 25 and 36, Township 40 |
179 | South, Range 40 East. |
180 |
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181 | Easement in Sections 2, 11, 14, 23, 24 and 25, |
182 | Township 40 South, Range 39 East. |
183 |
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184 | Section 2. Board of supervisors.-- |
185 | (1) The Board of Supervisors of the Pal-Mar Water Control |
186 | District shall have five supervisors selected as follows: |
187 | (a) One supervisor shall be either a member of the Board |
188 | of County Commissioners of Palm Beach County or a landowner |
189 | within the district appointed by the Board of County |
190 | Commissioners of Palm Beach County. |
191 | (b) One supervisor shall be either a member of the Board |
192 | of County Commissioners of Martin County or a landowner within |
193 | the district appointed by the Board of County Commissioners of |
194 | Martin County. |
195 | (c) Three supervisors shall be selected by the landowners |
196 | in accordance with section 298.11, Florida Statutes. |
197 | (2) The appointed supervisors of the Pal-Mar Water Control |
198 | District shall serve 1-year terms of office beginning the second |
199 | Wednesday in June of each year or until such time as a successor |
200 | has been selected. |
201 | (3) Any supervisor appointed by the Board of County |
202 | Commissioners of Palm Beach County or the Board of County |
203 | Commissioners of Martin County may be removed by the appointing |
204 | board for dishonesty, incompetency, or failure to perform the |
205 | duties imposed on that supervisor by chapter 298, Florida |
206 | Statutes. |
207 | Section 3. Powers of board of supervisors.-- |
208 | (1) The Board of Supervisors of the Pal-Mar Water Control |
209 | District in Palm Beach and Martin Counties is hereby authorized |
210 | to plan, construct, and maintain different water control systems |
211 | by units of development within the district, with different |
212 | assessment areas according to the benefits received, so as to |
213 | most equitably provide for assessments according to benefits, |
214 | based upon the plans and recommendations of the chief engineer |
215 | for the district. |
216 | (2) The board of supervisors is hereby prohibited from |
217 | planning, constructing, and maintaining different water control |
218 | systems by units of development within the district unless the |
219 | owners of a majority of the acres within the unit to be |
220 | developed express their desire, in writing or by referendum or |
221 | by certified letter, to have the water control system developed. |
222 | Section 4. Chapters 82-356 and 85-483, Laws of Florida, |
223 | are repealed. |
224 | Section 5. In case any one or more of the sections or |
225 | provisions of this act or the application of such sections or |
226 | provisions to any situation, circumstances, or person shall for |
227 | any reason be held to be unconstitutional, such |
228 | unconstitutionality shall not affect any other sections or |
229 | provisions of this act or the application of such sections or |
230 | provisions to any other situation, circumstance, or person, and |
231 | it is intended that this act shall be construed and applied as |
232 | if such section or provision had not been included herein for |
233 | any unconstitutional application. |
234 | Section 6. This act shall take effect upon becoming a law. |