HB 1445

1	A bill to be entitled
2	An act relating to the West Villages Improvement District,
3	Sarasota County; amending chapter 2004-456, Laws of
4	Florida; expanding the territorial boundaries of the
5	district; supplementing the conditions and requirements
6	for the exercise of its powers, functions, and duties;
7	providing for a referendum; providing an effective date.
8
9	Be It Enacted by the Legislature of the State of Florida:
10
11	Section 1.  Sections 2, 3, 4, 5, 11, 12, 17, and 19 of
12	chapter 2004-456, Laws of Florida, are amended to read:
13	Section 2.  District; creation, jurisdiction, and
14	purpose.--
15	(1)  The West Villages Improvement District, herein
16	referred to as the "district," is hereby created and
17	incorporated as an independent special district, pursuant to
18	chapter 189, Florida Statutes, to be known as the West Villages
19	Improvement District, in the City of North Port and in
20	unincorporated, Sarasota County, which independent special
21	district shall be a public body corporate and politic.
22	(2)  The district's territorial boundary shall embrace and
23	include that real property described in following section 17.
24	(3)  The district is created for all purposes as shall be
25	liberally construed from and set forth in this act, under
26	sections 189.401-189.429, Florida Statutes, provided that
27	section 189.4045(2), Florida Statutes, is specifically excluded
28	and not applicable to the district or to the City of North Port
29	as to that portion of the district located within the City of
30	North Port jurisdictional boundaries, or to Sarasota County as
31	to that portion of the district located within the
32	unincorporated area, and chapter 298, Florida Statutes, as the
33	same may be amended from time to time, and may perform such acts
34	as shall be necessary, convenient, incidental, or proper for the
35	provision, acquisition, development, operation, and maintenance
36	of those public infrastructure works and services authorized
37	herein, including all facilities necessary and incidental
38	thereto.
39	(4)  The district charter created by this act may be
40	amended only by special act of the Legislature. Any expansion of
41	the powers or the boundaries of the district within the City of
42	North Port shall require prior approval of the City of North
43	Port Commission or its designee. Any expansion of the powers or
44	the boundaries of the district within the unincorporated area of
45	Sarasota County shall require prior approval of the Board of
46	County Commissioners of Sarasota County or its designee.
47	(5)  The definition of terms and phrases shall be as set
48	forth in chapters 189 and 298, Florida Statutes, unless
49	otherwise herein defined.
50	Section 3.  District powers, functions, and duties.--
51	(1)  In addition to any powers, functions, and duties set
52	forth in this act, the district shall have the authority to
53	exercise such powers, functions, and duties as may be set forth
54	in chapter 298, Florida Statutes.
55	(2)  The district is hereby authorized and empowered as
56	follows:
57	(a)  To adopt by resolution bylaws for the regulation of
58	its affairs and the conduct of its business.
59	(b)  To adopt by resolution rules as necessary for
60	implementation, regulation, and enforcement as are consistent
61	with the purposes of the district and this act.
62	(c)  To adopt an official seal reflecting the name and
63	nature of the district.
64	(d)  To acquire by grant, loan, purchase, gift, transfer,
65	exchange, dedication, lease, devise, or, when reasonably
66	necessary for the implementation of district-authorized public
67	infrastructure works, facilities, or services by means of the
68	exercise of the right of eminent domain pursuant to the laws of
69	the state and in accordance with section 12 of this act, all
70	property, real or personal, or any easement, license, estate, or
71	interest therein necessary, desirable, or convenient for the
72	purposes of this act, and to sell, convey, transfer, gift,
73	lease, rent, dedicate, forfeit, abandon, exchange, or assign all
74	or any part thereof to or with other entities, including
75	governmental entities and agencies, and to exercise all of its
76	powers and authority with respect thereto. The district shall
77	not have the right of eminent domain outside of the boundaries
78	of the district. Notwithstanding anything contained herein, the
79	district shall not obtain fee simple title to any real property
80	within the district except by dedication on an approved plat:
81	1.  As to that portion of the district located within the
82	City of North Port jurisdictional boundaries, with the approval
83	of the City of North Port Commission or its designee;
84	2.  As to that portion of the district located within the
85	unincorporated area, with the approval of the Board of County
86	Commissioners of Sarasota County or its designee;, or
87	3.  As if otherwise required by another governmental entity
88	or agency.
89
90	Any property interests owned by the district which are used for
91	nonpublic or private commercial purposes shall be subject to all
92	ad valorem taxes, intangible personal property taxes, or non-ad
93	valorem assessments, as would be applicable if said property
94	were privately owned.
95	(e)  To finance, plan (as to that portion of the district
96	located within the City of North Port jurisdictional boundaries,
97	consistent with the City of North Port Comprehensive Plan and
98	implementing ordinances, studies, and plans; and, as to that
99	portion of the district located within the unincorporated area,
100	consistent with the Sarasota County Comprehensive Plan and
101	implementing ordinances, studies, and plans), design, acquire,
102	construct, install, operate, equip, upgrade, reclaim, replace,
103	extend, renovate, mitigate, and maintain canals, swales,
104	outfalls, dams, control structures, pumps and pumping systems,
105	aerators, seawalls, berms, ditches, telemetry and monitoring
106	equipment, retention areas, holding basins, marshes, wetlands,
107	uplands, drains, levees, lakes, ponds, and other works or
108	elements for modern comprehensive water management drainage,
109	environmental, mitigation preservation, erosion, quality, and
110	control purposes, and:
111	1.  As to that portion of the district located within the
112	City of North Port jurisdictional boundaries, further that the
113	district shall agree, at the request of the City of North Port
114	Commission or its designee, subject to a developer's agreement
115	with the City of North Port (neither party's consent to said
116	developer's agreement shall be unreasonably withheld), to donate
117	and turn over operation to the City of North Port of all or any
118	portion of said water management system located within the City
119	of North Port jurisdictional boundaries; and
120	2.  As to that portion of the district located within the
121	unincorporated area, the district shall agree, at the request of
122	the Board of County Commissioners of Sarasota County or its
123	designee, subject to a developer's agreement with Sarasota
124	County (neither party's consent to said developer's agreement
125	shall be unreasonably withheld), to donate and turn over
126	operation to Sarasota County of all or any portion of said water
127	management system located within the unincorporated area to the
128	City of North Port.
129	(f)  To regulate, modify, control, and redirect the supply
130	and level of water within the district if consistent with the
131	rules and regulations of:
132	1.  The City of North Port as to that portion of the
133	district located within the City of North Port's jurisdictional
134	boundaries;
135	2.  Sarasota County, as to that portion of the district
136	located within the unincorporated area; and
137	3.  The Port and Southwest Florida Water Management
138	District rules and regulations,
139
140	including the division of waters from one area, lake, pond,
141	river, stream, basin, or water control facility to another; to
142	control and restrict the development and use of natural or
143	artificial streams or bodies of water, lakes, or ponds; and to
144	take of measures determined by the board to be necessary or
145	desirable to prevent or alleviate land erosion, flooding, or
146	water quality problems or issues, provided all such activity
147	shall be carried out in accordance with applicable federal,
148	state, and local government rules and regulations.
149	(g)  To finance the implementation of appropriate studies,
150	whether by the district or in conjunction with other agencies or
151	entities, to assist in implementing the district's powers,
152	authorities, and purposes as set forth herein and to facilitate
153	the orderly management of the district and its works and
154	facilities.
155	(h)  To finance, plan (as to that portion of the district
156	located within the City of North Port jurisdictional boundaries,
157	consistent with City of North Port Comprehensive Plan and
158	implementing ordinances, studies, and plans; and, as to that
159	portion of the district located within the unincorporated area,
160	consistent with the Sarasota County Comprehensive Plan and
161	implementing ordinances, studies, and plans), design, acquire,
162	construct, install, operate, equip, upgrade, replace, extend,
163	renovate, and maintain irrigation works, machinery, plants, and
164	appurtenances.
165	(i)  To finance, plan (as to that portion of the district
166	located within the City of North Port jurisdictional boundaries,
167	consistent with City of North Port Comprehensive Plan and
168	implementing ordinances, studies, and plans; and, as to that
169	portion of the district located within the unincorporated area,
170	consistent with the Sarasota County Comprehensive Plan and
171	implementing ordinances, studies, and plans), design, acquire,
172	construct, install, operate, equip, upgrade, replace, extend,
173	renovate, and maintain roadways; and to include either as a
174	component of such roads or independently by themselves,
175	parkways, bridges, landscaping, irrigation, bicycle and jogging
176	paths, street lighting, entry features, traffic signals, road
177	striping, and all other customary elements or appurtenances of a
178	modern road system for the exclusive use and benefit of the
179	district, a unit of development, and/or its landowners,
180	residents, and invitees in order to control ingress and egress;
181	to finance and maintain said roads and their associated elements
182	and components as a part of a plan of improvements; to construct
183	and maintain security structures to control the use of said
184	roads; to make provision for access by fire, police, and
185	emergency vehicles and personnel for the protection of life and
186	property; to include, in the annual assessment of non-ad valorem
187	assessments as authorized, sufficient funds to finance and
188	maintain said roads as a part of a plan of improvements, and to
189	adopt, by resolution of the board, rules and regulations for the
190	control of traffic, noise levels, crime, and the use of the
191	roads by those authorized. Provided that in the event the
192	district should construct all or any portion of a major
193	thoroughfare or transportation route as identified in section
194	163.3177(6)(b), Florida Statutes, the district will not be
195	permitted to limit said thoroughfare or transportation route for
196	the exclusive use and benefit of the district, a unit of
197	development, and/or its residents without the written consent of
198	the applicable local general purpose government. Notwithstanding
199	anything to the contrary herein:
200	1.  As to that portion of the district located within the
201	City of North Port jurisdictional boundaries, construction of
202	roads by the district shall not be in conflict with City of
203	North Port rules, master plans, plans, specifications, or
204	regulations; and
205	2.  As to that portion of the district located within the
206	unincorporated area, construction of roads by the district shall
207	not be in conflict with rules, master plans, plans,
208	specifications, or regulations of Sarasota County.
209
210	As to that portion of the district located within the City of
211	North Port jurisdictional boundaries, the district shall agree,
212	at the request of the City of North Port Commission or its
213	designee, subject to applicable impact fee ordinances and a
214	developer's agreement with the City of North Port (neither
215	party's consent to said developer's agreement shall be
216	unreasonably withheld), to donate and turn over operation of all
217	or any portion of any public roadway system within the City of
218	North Port jurisdictional boundaries. As to that portion of the
219	district located within the unincorporated area, the district
220	shall agree, at the request of the Broad of County Commissioners
221	of Sarasota County or its designee, subject to applicable impact
222	fee ordinances and a developer's agreement with Sarasota County
223	(neither party's consent to said developer's agreement shall be
224	unreasonably withheld), to donate and turn over operation of all
225	or any portion of any public roadway system within the
226	unincorporated area to Sarasota County to the City of North
227	Port.
228	(j)  To finance, plan (as to that portion of the district
229	located within the City of North Port jurisdictional boundaries,
230	consistent with City of North Port Comprehensive Plan and
231	implementing ordinances, studies, and plans; and, as to that
232	portion of the district located within the unincorporated area,
233	consistent with the Sarasota County Comprehensive Plan and
234	implementing ordinances, studies, and plans), design, acquire,
235	construct, install, operate, equip, upgrade, replace, extend,
236	renovate, and maintain entry features, garages, parking
237	facilities, district offices, buildings, facilities, and
238	structures.
239	(k)  To finance, plan (as to that portion of the district
240	located within the City of North Port jurisdictional boundaries,
241	consistent with City of North Port Comprehensive Plan and
242	implementing ordinances, studies, and plans; and, as to that
243	portion of the district located within the unincorporated area,
244	consistent with the Sarasota County Comprehensive Plan and
245	implementing ordinances, studies, and plans), design, acquire,
246	construct, install, operate, equip, upgrade, replace, extend,
247	renovate, reclaim, mitigate, protect, remove exotics, and
248	maintain improvements, works, landscaping, systems, structures,
249	buildings, and facilities for community or public preserves,
250	uplands, wetlands, playgrounds, parks, gymnasiums, stadiums,
251	ballfields, greenways, waterways, and facilities for indoor and
252	outdoor recreational, sport, cultural, and educational uses.
253	(l)1.  To finance, plan (as to that portion of the district
254	located within the City of North Port jurisdictional boundaries,
255	consistent with City of North Port Comprehensive Plan and
256	implementing ordinances, studies, and plans; as to that portion
257	of the district located within the unincorporated area,
258	consistent with the Sarasota County Comprehensive Plan and
259	implementing ordinances, studies, and plans; and as to that
260	portion of the district located within the Englewood Water
261	District service area, consistent with the Englewood Water
262	District's adopted studies and plans), design, acquire,
263	construct, install, operate, set, and charge by resolution
264	access, user, or connection fees and charges, equip, upgrade,
265	replace, store, extend, renovate, and maintain water plants and
266	systems, plus appurtenances, to produce, desalinate, purify,
267	sell, and distribute water for consumption, irrigation, or other
268	purposes; provided that the exercise of such construction,
269	operation, fee establishment, and production powers by the
270	district shall:
271	a.  As to that portion of the district located within the
272	City of North Port jurisdictional boundaries, require the prior
273	approval of the City of North Port Commission or its designee;
274	b.  As to that portion of the district located within the
275	unincorporated area, require the prior approval of the Board of
276	County Commissioners of Sarasota County or its designee; and
277	c.  As to that portion of the district located within the
278	Englewood Water District service area, require the prior
279	approval of the Board of the Englewood Water District or its
280	designee.
281	2.  As to that portion of the district located within the
282	City of North Port jurisdictional boundaries, and further that
283	the district shall agree, at the request of the City of North
284	Port Commission or its designee, subject to a utility
285	developer's agreement with the City of North Port (neither
286	party's consent to said developer's agreement shall be
287	unreasonably withheld), to donate and turn over operation of all
288	or any portion of said water system within the City of North
289	Port jurisdictional boundaries to the City of North Port.
290	3.  As to that portion of the district located within the
291	unincorporated area and outside of the Englewood Water District
292	service area, the district shall agree, at the request of the
293	Board of County Commissioners of Sarasota County or its
294	designee, subject to a utility developer's agreement with
295	Sarasota County (neither party's consent to said developer's
296	agreement shall be unreasonably withheld), to donate and turn
297	over operation of all or any portion of said water system within
298	the unincorporated area to Sarasota County.
299	4.  As to that portion of the district located within the
300	Englewood Water District service area, the district shall agree,
301	at the request of the Board of the Englewood Water District or
302	its designee, subject to an interlocal agreement or other
303	appropriate agreement with the Englewood Water District (neither
304	party's consent to said developer's agreement shall be
305	arbitrarily or unreasonably withheld), to donate and turn over
306	operation of all or any portion of said water system within the
307	Englewood Water District service area to the Englewood Water
308	District.
309	(m)1.  To finance, plan (as to that portion of the district
310	located within the City of North Port jurisdictional boundaries,
311	consistent with City of North Port Comprehensive Plan and
312	implementing ordinances, studies, and plans; as to that portion
313	of the district located within the unincorporated area,
314	consistent with the Sarasota County Comprehensive Plan and
315	implementing ordinances, studies, and plans; and as to that
316	portion of the district located within the Englewood Water
317	District service area, consistent with the Englewood Water
318	District's adopted studies and plans), design, acquire,
319	construct, install, operate, set, and charge by resolution
320	access, user, or connection fees and charges, equip, upgrade,
321	replace, extend, renovate, and maintain sewer systems, plus
322	appurtenances, for the collection, disposal, and reuse of
323	effluent, waste, residue, or other byproducts of such system,
324	prevent pollution, and improve water quality; provided that the
325	exercise of such construction, operation, and fee establishment
326	powers by the district shall:
327	a.  As to that portion of the district located within the
328	City of North Port jurisdictional boundaries, require the prior
329	approval of the City of North Port Commission or its designee;
330	b.  As to that portion of the district located within the
331	unincorporated area, require the prior approval of the Board of
332	County Commissioners of Sarasota County or its designee; and
333	c.  As to that portion of the district located within the
334	Englewood Water District service area, require the prior
335	approval of the Board of the Englewood Water District or its
336	designee.
337	2.  As to that portion of the district located within the
338	City of North Port jurisdictional boundaries, and further that
339	the district shall agree, at the request of the City of North
340	Port Commission or its designee, subject to a utility
341	developer's agreement with the City of North Port (neither
342	party's consent to said developer's agreement shall be
343	unreasonably withheld), to donate and turn over operation of all
344	or any portion of said wastewater system within the City of
345	North Port jurisdictional boundaries to the City of North Port.
346	3.  As to that portion of the district located within the
347	unincorporated area and outside of the Englewood Water District
348	service area, the district shall agree, at the request of the
349	Board of County Commissioners of Sarasota County or its
350	designee, subject to a utility developer's agreement with
351	Sarasota County (neither party's consent to said developer's
352	agreement shall be unreasonably withheld), to donate and turn
353	over operation of all or any portion of said wastewater system
354	within the unincorporated area to Sarasota County.
355	4.  As to that portion of the district located within the
356	Englewood Water District service area, the district shall agree,
357	at the request of the Board of the Englewood Water District or
358	its designee, subject to an interlocal agreement or other
359	appropriate agreement with the Englewood Water District (neither
360	party's consent to said developer's agreement shall be
361	arbitrarily or unreasonably withheld), to donate and turn over
362	operation of all or any portion of said wastewater system within
363	the Englewood Water District service area to the Englewood Water
364	District.
365	(n)  To finance, plan (if not inconsistent with other
366	responsible agencies or authorities), design, acquire,
367	construct, install, operate, equip, upgrade, replace, extend,
368	renovate, and maintain improvements and facilities for and take
369	measures to control mosquitoes or other insects and arthropods
370	of public health importance.
371	(o)  To finance, plan (as to that portion of the district
372	located within the City of North Port jurisdictional boundaries,
373	consistent with City of North Port Comprehensive Plan and
374	implementing ordinances, studies, and plans; and, as to that
375	portion of the district located within the unincorporated area,
376	consistent with the Sarasota County Comprehensive Plan and
377	implementing ordinances, studies, and plans), design, acquire,
378	construct, install, operate, equip, upgrade, replace, extend,
379	renovate, and maintain lands, works, systems, landscaping, and
380	facilities for preservation areas, conservation areas,
381	environmental areas, mitigation areas, and wildlife habitat or
382	sanctuaries, including the maintenance of any plant or animal
383	species, and any related interest in real or personal property.
384	The district shall allow the City of North Port access to all
385	such improvements within the City of North Port jurisdictional
386	boundaries and shall allow access by the public when
387	appropriate. The district shall allow Sarasota County access to
388	all such improvements within the unincorporated area of the
389	district and shall allow access by the public when appropriate.
390	(p)  To finance, plan (as to that portion of the district
391	located within the City of North Port jurisdictional boundaries,
392	consistent with City of North Port Comprehensive Plan and
393	implementing ordinances, studies, and plans; and, as to that
394	portion of the district located within the unincorporated area,
395	consistent with the Sarasota County Comprehensive Plan and
396	implementing ordinances, studies, and plans), design, acquire,
397	construct, install, operate, equip, upgrade, replace, extend,
398	renovate, and maintain additional systems and facilities for
399	school buildings and related structures which may be donated to
400	a public school district, subject to a developer's agreement
401	(neither party's consent to said developer's agreement shall be
402	unreasonably withheld), for use in the educational system;
403	provided that donation of any land and the exercise of such
404	construction powers by the district shall require the prior
405	approval of the School Board of Sarasota County and either:
406	1.  As to that portion of the district located within the
407	City of North Port jurisdictional boundaries, the City of North
408	Port City Commission or its designee; or
409	2.  As to that portion of the district located within the
410	unincorporated area, the Board of County Commissioners of
411	Sarasota County or its designee.
412	(q)  To levy non-ad valorem assessments; prescribe, fix,
413	establish, and collect rates, fees, rentals, fares, or other
414	charges, and to revise the same from time to time, for property,
415	facilities, and services made available, furnished, or to be
416	furnished by the district; and to recover the cost of making or
417	authorizing the connection to any district facility or system or
418	installing works or improvements on or within district property
419	interests. However, no rates, fares, charges, or fees shall be
420	established until after a public hearing of the board at the
421	district at which all affected persons shall be given an
422	opportunity to be heard.
423	(r)  To provide for the discontinuance of service and
424	reasonable penalties, including reasonable attorney's fees,
425	against any user or property for any such rates, fees, rentals,
426	fares, or other charges that become delinquent and require
427	collection.
428	(s)  To enter into agreements with any person, firm,
429	entity, partnership, or corporation (public, private, or
430	governmental) for the furnishing by such person, firm, entity,
431	partnership, or corporation of any facilities and services of
432	the type provided for, authorized, or necessarily implied as
433	being authorized in this act.
434	(t)  To borrow money and issue negotiable or other bonds of
435	said district as hereinafter provided; and to borrow money, from
436	time to time, and issue negotiable or other notes of said
437	district therefore, bearing interest at not exceeding the
438	maximum interest allowable by law, in anticipation of the
439	collection of levies, fees, penalties, charges, fares, and
440	assessments or revenues of said district, and to pledge or
441	hypothecate such non-ad valorem assessments, levies,
442	assessments, and revenues to secure such bonds, notes, or
443	obligations, and to sell, discount, negotiate, and dispose of
444	the same.
445	(u)  To provide for safety enhancements, including, but not
446	limited to, security, guardhouses, fences, and gates, and
447	electronic intrusion detection systems; except that the district
448	shall not be authorized or empowered to exercise any police
449	power, but may contract with the appropriate local general
450	purpose government agencies for an increased level of such
451	service. Notwithstanding anything to the contrary, nothing
452	herein shall allow the district to limit the level of law
453	enforcement provided by federal, state, or local governmental
454	agencies.
455	(v)  To provide, at the request of local general purpose
456	governments consistent with the plans of the local general
457	purpose government, systems and facilities for fire prevention
458	and control and emergency medical services, including the
459	construction or purchase of fire stations, water mains and
460	plugs, fire trucks, and other vehicles and equipment consistent
461	with any adopted local general purpose government ordinances,
462	rules, or regulations. and, further, that The district shall
463	agree:
464	1.  As to that portion of the district located within the
465	City of North Port jurisdictional boundaries, at the request of
466	the local general purpose government, subject to a developer's
467	agreement with the City of North Port (neither party's consent
468	to said developer's agreement shall be unreasonably withheld),
469	to donate and turn over operation of all or any portion of said
470	facilities within the City of North Port jurisdictional
471	boundaries to the City of North Port; and
472	2.  As to that portion of the district located within the
473	unincorporated area, subject to a developer's agreement with
474	Sarasota County (neither party's consent to said developer's
475	agreement shall be unreasonably withheld), to donate and turn
476	over operation of all or any portion of said facilities within
477	the unincorporated area to Sarasota County local general purpose
478	government.
479	(w)  To submit for and obtain permits, plus make and enter
480	into contracts and agreements as are necessary or incidental to
481	the performance of the duties imposed and the execution of the
482	powers granted under this act, and to employ such consulting and
483	other engineers, superintendents, managers, administrators,
484	construction and financial experts, attorneys, and such
485	employees and agents as may, in the judgment of the district, be
486	necessary, and to fix their compensation.
487	(x)  To require any individual or entity desiring to
488	construct any structure in, over, under, upon, or occupying real
489	district property interests or rights-of-way owned by the
490	district right-of-way or connecting to or utilizing the works of
491	the district to first obtain written authorization from the
492	district and, as appropriate, either the City of North Port as
493	to that portion of the district located within the City of North
494	Port jurisdictional boundaries or Sarasota County as to that
495	portion of the district located within the unincorporated area
496	comply with all City of North Port and district plans, rules,
497	regulations, policies, and specifications, provided that said
498	written authorization shall be issued upon a demonstration that
499	the applicant has complied compliance with such Sarasota County,
500	applicable City of North Port, or and district plans, rules,
501	regulations, policies, and specifications as may be applicable.
502	The board of supervisors shall be permitted the discretion to
503	deny or revoke any written authorization or application for same
504	if they find that the matter for which the authorization is
505	sought or granted does not comply with such Sarasota County, the
506	City of North Port, or and district plans, rules, regulations,
507	or policies, and specifications as may be applicable. All fees
508	and costs, including construction, review, inspection, copying,
509	engineering, legal, and administrative expenses of the district,
510	shall be paid by the applicant seeking the authorization. Any
511	such district written authorization shall not be deemed or
512	construed as being an alternative to or in place of the
513	applicant's obligation to also obtain all other governmental
514	building and construction permits and approvals. With regard to
515	that portion of the district located within the City of North
516	Port jurisdictional boundaries, any conflict between City of
517	North Port and district plans, rules, regulations, policies, and
518	specifications shall be resolved in favor of the City of North
519	Port. With regard to that portion of the district located within
520	the unincorporated area, any conflict between Sarasota County
521	and district plans, rules, regulations, policies, and
522	specifications shall be resolved in favor of Sarasota County.
523	(y)  To include in a plan of improvements, the engineer's
524	report, or the authorizing and implementing documents under
525	chapter 170, Florida Statutes, which shall include, but are not
526	limited to, all applicable resolutions, assessment maps, and/or
527	assessment rolls (the "chapter 170 authorizing documents"), all
528	or one or more of the various powers and functions, including
529	individual parts or components thereof, of the district or any
530	combination of same and to construct and finance said individual
531	or combination of such powers and functions, including
532	individual parts or components thereof. It is the intent of this
533	section that a plan of improvements, the engineer's report, or
534	chapter 170 authorizing documents may provide for a single
535	benefit to the land authorized by the laws pertaining to the
536	district or one or more of all of said benefits or combination
537	thereof as long as there are benefits accruing to the land.
538	(z)  To provide in a plan of improvements, the engineer's
539	report, or chapter 170 authorizing documents that in assessing
540	the benefits and damages to be incurred by lands of the district
541	from the implementation, provision, or construction of a plan of
542	improvements or improvements or services pursuant to chapter 170
543	authorizing documents, the varying types of existing or proposed
544	land uses of the land within the unit or affected by such
545	construction or implementation, as the case may be, may be
546	considered and be entitled to so assess the benefits and
547	damages. The district may levy non-ad valorem assessments based
548	upon the benefits assessed in such manner, taking into account
549	the varying existing or proposed land uses of the land affected
550	by such construction as shall provide for the equitable
551	apportionment of such assessments. Such assessments may be
552	levied on the basis of lots, units, acreage, parcels, equivalent
553	connection, or uses or as otherwise set forth in the engineer's
554	report or in the chapter 170 authorizing documents.
555	(aa)  To establish and create such departments, committees,
556	boards, or other agencies, including a public relations
557	committee, as from time to time the board of supervisors may
558	deem necessary or desirable in the performance of the acts or
559	other things necessary to the exercise of the powers provided in
560	this act, and to delegate to such departments, committees,
561	boards, or other agencies such administrative duties and other
562	powers as the board of supervisors may deem necessary and to
563	exercise all other powers necessary convenient or proper in
564	connection with any of the powers or duties of said district
565	stated in this act by and through the board of supervisors.
566	Notwithstanding anything contained herein:
567	1.  As to that portion of the district located within the
568	City of North Port jurisdictional boundaries, no such
569	departments, committees, boards, or other agencies shall have
570	the power or authority to supersede any powers or authorities of
571	the City of North Port; and
572	2.  As to that portion of the district located within the
573	unincorporated area, no such departments, committees, boards, or
574	other agencies shall have the power or authority to supersede
575	any powers or authorities of Sarasota County.
576	(bb)  Notwithstanding any authority contained within this
577	section:
578	1.  As to that portion of the district located within the
579	City of North Port jurisdictional boundaries, the development,
580	operation, or maintenance of any district facilities or services
581	shall comply with the adopted comprehensive plan, unified land
582	development code, zoning code, and any other city codes and
583	ordinances of the City of North Port; and
584	2.  As to that portion of the district located within the
585	unincorporated area, the development, operation, or maintenance
586	of any district facilities or services shall comply with the
587	adopted comprehensive plan, land development regulations, zoning
588	code, and any other codes and ordinances of Sarasota County.
589	(cc)  To establish, or otherwise make available, a plan for
590	retirement, disability, dental, death, hospitalization, and
591	other appropriate benefits for employees of the district.
592	(dd)  To invest surplus funds of the district consistent
593	with the Investment of Local Government Surplus Funds Act, part
594	IV, chapter 218, Florida Statutes.
595	(ee)  As to that portion of the district located within the
596	City of North Port jurisdictional boundaries, to submit to the
597	City of North Port the plan of improvement for major government
598	infrastructure capital elements that may eventually be dedicated
599	or donated to the City of North Port so that the city can rely
600	on and incorporate said plan of improvement into the city's
601	Capital Improvement Plan; and, as to that portion of the
602	district located within the unincorporated area, to submit to
603	Sarasota County the plan of improvement for major government
604	infrastructure capital elements that may eventually be dedicated
605	or donated to Sarasota County so that the county can rely on and
606	incorporate said plan of improvement into the county's Capital
607	Improvement Plan.
608	(ff)  To apply for, obtain, and utilize any grants from
609	other entities consistent with the powers of the district;
610	provided, however, that:
611	1.  As to that portion of the district located within the
612	City of North Port jurisdictional boundaries, the district shall
613	coordinate with and obtain timely authorization from the City of
614	North Port Commission or its designee prior to the submittal of
615	any grant application; and
616	2.  As to that portion of the district located within the
617	unincorporated area, the district shall coordinate with and
618	obtain timely authorization from the Board of County
619	Commissioners of Sarasota County or its designee prior to the
620	submittal of any grant application.
621	(gg)  Following methodology consistent with Sarasota the
622	county's concurrency management regulations, and notwithstanding
623	any authority contained within this section, the district shall
624	not construct any improvements within that portion of the
625	district located within the City of North Port jurisdictional
626	boundaries, pursuant to any municipal development order, where
627	that development would cause the level of service on any
628	concurrency regulated facility in unincorporated Sarasota County
629	to drop below the level of service adopted as of the effective
630	date of this act, or subsequently reduced level of service, in
631	the Sarasota County Comprehensive Plan pursuant to chapter 163,
632	Florida Statutes, without paying its fair share contribution to
633	improving that facility, and Sarasota County shall have the
634	right under section 163.3215, Florida Statutes, to contest any
635	such municipal development order on the basis that it fails to
636	require the district to pay its fair share contribution. The
637	fair share contribution shall include both the contribution to
638	the county from the fair share collected by the City of North
639	Port pursuant to the county's impact fee ordinance and
640	interlocal agreements between Sarasota County and the City of
641	North Port, as well as direct contributions made to the county
642	by the district. Nothing contained herein shall be construed as
643	limiting the obligations of the district or property owners
644	therein as set forth in Florida Statutes and applicable rules.
645	Any fair share contribution required to address the impact of
646	development within that portion of the district located in
647	unincorporated Sarasota County shall be governed by the laws and
648	ordinances of Sarasota County.
649	(hh)  The district shall have the power to collect fair
650	share contributions from Sarasota County should Sarasota County
651	approve any development order in unincorporated Sarasota County
652	that creates impacts to concurrency regulated facilities within
653	the district, which would cause the level of service on any
654	concurrency regulated facility in the district within the City
655	of North Port jurisdictional boundaries to drop below the level
656	of service adopted by the City of North Port for such facility
657	as of the effective date of this act, or subsequently reduced
658	level of service.
659	(3)  To include in a plan of improvements, the engineer's
660	report, chapter 170 authorizing documents, or otherwise provide,
661	for the exercise of the district's powers, services, facilities,
662	and improvements beyond the territorial boundaries of the
663	district, when necessary and appropriate in order to provide a
664	benefit on behalf of lands located within the district and
665	pursuant to an approved plan of improvements or chapter 170
666	authorizing documents. Any such construction must be in
667	accordance with the city's master plans and requirements. Any
668	such construction within unincorporated Sarasota County must be
669	in accordance with the county's comprehensive plan, master
670	plans, and thoroughfare plan. The West Villages Improvement
671	district shall cooperate and coordinate its activities with the
672	units of general-purpose local government in which it is
673	located, including the City of North Port and Sarasota County.
674	Prior to exercising any of the district powers, functions, or
675	duties relative to infrastructure planning, programming, or
676	construction within that portion of the district located in
677	unincorporated Sarasota County, the district shall enter into an
678	interlocal agreement with Sarasota County, which agreement shall
679	specify the process for the district to coordinate its
680	infrastructure planning, programming, and construction
681	activities with Sarasota County and include a means to
682	coordinate infrastructure planning and programming between the
683	parties. Neither the district nor Sarasota County shall
684	arbitrarily or unreasonably withhold or delay its approval and
685	execution of such interlocal agreement. The district is
686	authorized to enter into interlocal agreements with the City of
687	North Port, Sarasota County, the Englewood Water District, or
688	any other units of government. Whenever the district intends to
689	utilize its powers to construct or cause to be constructed
690	infrastructure projects or programs within the district, the
691	district shall provide copies of all plans and infrastructure
692	permit applications to the Sarasota County Planning Director and
693	Development Services Business Center at such time as the
694	district submits such plans or permit applications to the City
695	of North Port or other permitting authority but in any event no
696	less than 30 days before the City of North Port or other
697	permitting authority issues permits for those projects. The
698	district shall allow the county 20 days from submittal to the
699	county to comment on those plans and permit applications, but as
700	to construction or improvements that are not within
701	unincorporated Sarasota County, the county's approval is not
702	required for the district to proceed with the project. Sarasota
703	County shall not unduly interfere with the district's exercise
704	of its powers conferred by this act.
705	Section 4.  Board of supervisors; election, organization,
706	powers, duties, and terms of office.--
707	(1)  There is hereby created a Board of Supervisors of the
708	West Villages Improvement District, which shall be the governing
709	body of said district.
710	(2)  Said board of supervisors shall consist of five
711	persons who, except as herein otherwise provided, shall each
712	hold office for terms of 4 years each and until their successors
713	shall be duly elected and qualified.
714	(3)  The first board of supervisors of the district shall
715	be composed of five persons, two of whom shall hold office for 4
716	years, one of whom shall hold office for 3 years, one of whom
717	shall hold office for 2 years, and one of whom shall hold office
718	for 1 year, which terms shall terminate in June of their
719	applicable final year. Within 120 days after this act becomes a
720	law, a special meeting of landowners of the West Villages
721	Improvement District shall be held for the purpose of electing
722	the first board of supervisors for the West Villages Improvement
723	District as herein provided. Notice of such special meeting of
724	landowners shall be given by causing publication thereof to be
725	made once a week for 2 consecutive weeks prior to such meeting
726	in the newspaper of general paid circulation in which that the
727	City of North Port publishes notices of city meetings, and prior
728	to the meeting, provision of 2 weeks' weeks advance written
729	notice shall be provided to the City of North Port City Manager,
730	including the agenda and any backup material. Such special
731	meeting of landowners shall be held in a public place in the
732	City of North Port, and the place, date, and hour of holding
733	such meeting and the purpose thereof shall be stated in the
734	notice. The landowners when assembled shall organize by electing
735	a chair who shall preside at the meeting and a vice chair,
736	secretary, and treasurer. At such meeting, each and every acre,
737	or any fraction thereof, of land in the district shall represent
738	one vote and each owner shall be entitled to one vote in person
739	or by written proxy for every acre of land, or any fraction
740	thereof, owned by such owner in the district. Candidates must be
741	citizens of the United States and shall be nominated prior to
742	commencement of the initial election. The landowners shall first
743	vote for the 2 supervisors who are to hold office for the 2
744	seats with an initial term of 4 years as herein provided, and
745	the persons receiving the highest and next highest number of
746	votes for such supervisor offices shall be declared and elected
747	as the supervisors for said 2 seats. The landowners shall next
748	vote for the supervisor who is to hold office for that seat with
749	a term of 3 years as provided herein, and the person receiving
750	the highest number of votes for such supervisor shall be
751	declared and elected as such supervisor for said seat. Said
752	landowners shall continue to so vote for each remaining seat
753	until the supervisor who is to hold office for the term of 1
754	year as herein provided is elected for said seat. The landowners
755	present or voting by proxy at the meeting shall constitute a
756	quorum.
757	(4)  Each year during the month of June, beginning with
758	June of the second year following the first election, a
759	supervisor shall be elected, as hereinafter provided, by the
760	landowners of said district to take the place of the retiring
761	supervisor. All vacancies or expirations on said board shall be
762	filled as provided by this act. All supervisors of the district
763	shall be citizens of the United States. Following the initial
764	election of supervisors in order to be eligible for election, a
765	candidate for an office of supervisor shall be required to file
766	a written notice of intention to be a candidate in said office
767	of the district at least 30 calendar days but not earlier than
768	90 calendar days before but not including the day of the annual
769	meeting of the landowners. In case of a vacancy in the office of
770	any supervisor, the remaining supervisors within 90 calendar
771	days of the vacancy shall fill such vacancy until the expiration
772	of that seat's outstanding term when a successor shall be
773	elected by the landowners. If, on or before January 1 of any
774	calendar year, there are 6,000 owners of real property in that
775	portion of the district located within the City of North Port
776	that are registered voters in the City of North Port, at least
777	one supervisor elected at the next regularly scheduled election
778	shall be a resident of and owner of real property in that
779	portion of the district located within the City of North Port.
780	If, on or before January 1 of any calendar year, there are 3,000
781	owners of real property in that portion of the district located
782	within the unincorporated area of Sarasota County that are
783	registered voters of Sarasota County, at least one supervisor
784	elected at the next regularly scheduled election shall be a
785	resident of and owner of real property in that portion of the
786	district located within unincorporated Sarasota County.
787	(5)  As soon as practicable after their election and the
788	taking of oaths of office, the board of supervisors of the
789	district shall organize by choosing a chair and vice chair of
790	the board of supervisors and by electing some suitable persons
791	secretary and treasurer, who may or may not be members of the
792	board. The board of supervisors shall adopt a seal which shall
793	be the seal of the district.
794	(6)  Each supervisor shall hold office until his or her
795	successor shall be elected and qualified. Whenever any election
796	shall be authorized or required by this act to be held by the
797	landowners at any particular or stated time or day, and if for
798	any reason such election shall not or cannot be held at such
799	time or on such day, then in such event and in all and every
800	such event, the power or duty to hold such election shall not
801	cease or lapse, but such election shall be held thereafter as
802	soon as practicable and consistent with this act.
803	(7)  The supervisors shall not receive any compensation for
804	their services.
805	Section 5.  Meetings of landowners.--
806	(1)  Each year during the month of June, a meeting of the
807	landowners of the district shall be held, when necessary, for
808	the purpose of electing a supervisor and hearing reports of the
809	board of supervisors and considering any matters upon which the
810	board of supervisors may request the advice and views of the
811	landowners. The board of supervisors shall have the power to
812	call special meetings of the landowners at any time to consider
813	and act upon any matter upon which the board of supervisors may
814	request action, direction, or advice. Notice of all meetings of
815	the landowners shall be given by the board of supervisors by
816	causing publication thereof to be made for 2 consecutive weeks
817	prior to such meeting in the newspaper of general paid
818	circulation in which that the City of North Port publishes
819	notices of city meetings and in a newspaper of general paid
820	circulation in which Sarasota County publishes notices of its
821	board meetings, and prior to the meeting, provision of 2 weeks'
822	weeks advance written notice shall be provided to the City of
823	North Port City Manager and the Sarasota County Administrator,
824	or their designees, regarding any matters affecting that portion
825	of the district located within the City of North Port
826	jurisdictional boundaries or the unincorporated area,
827	respectively, including the agenda and any backup material. The
828	meetings of the landowners shall be held in a public place in
829	the City of North Port, and the place, day, and hour of holding
830	such meetings shall be stated in the notice. The landowners when
831	assembled shall organize by electing a chair who shall preside
832	at the meeting. The secretary of the board of supervisors shall
833	be the secretary of such meeting. At all such meetings each and
834	every acre, or any fraction thereof, of land in the district
835	shall represent one vote, and each owner shall be entitled to
836	one vote in person or by written proxy for every acre, or any
837	fraction thereof, of land owned by such owner in the district.
838	The eligible person receiving the highest number of votes for a
839	supervisor position shall be declared and elected as such
840	supervisor. Those landowners present or voting by proxy at the
841	meeting, including the initial meeting, shall constitute a
842	quorum at any meeting of the landowners.
843	(2)  Guardians may represent their wards, and personal
844	representatives may represent the estates of deceased persons.
845	Trustees may represent lands by them in trust, and private and
846	municipal corporations may be represented by their officers or
847	duly authorized agents. Guardians, personal representatives,
848	trustees, and corporations may vote by proxy.
849	Section 11.  Unit development; powers of supervisors to
850	designate units of development and adopt systems of progressive
851	development by units; plan of improvements and financing
852	assessments, for each unit.--
853	(1)  Upon written petition signed by the owners of 51
854	percent of the acreage in any area, the board of supervisors of
855	the district shall have the power and is hereby authorized in
856	its discretion to exercise such powers authorized in this act,
857	the lands in said designated area or part of the district to be
858	called a "unit." The units into which said district may be so
859	divided shall be given appropriate numbers or names by said
860	board of supervisors, so that said units may be readily
861	identified and distinguished. The board of supervisors shall
862	have the power to fix and determine the location, area, and
863	boundaries of and lands to be included in each and all such
864	units with the consent of the owners of 51 percent of the
865	acreage in any area, and the method of carrying on the work in
866	each unit. If the board of supervisors shall determine that it
867	is advisable to conduct the work of the district by units, as
868	authorized by this section, said board shall, by resolution duly
869	adopted and entered upon its minutes, declare its purpose to
870	conduct such work accordingly and, upon petition of the owners
871	of 51 percent of the acreage in any area, shall at the same time
872	and manner fix the number, location, and boundaries of and
873	description of lands within such unit or units and give
874	appropriate numbers or names, which unit or units may overlay or
875	overlap one or more other units. As soon as practicable after
876	the adoption and recording of a resolution as to any unit, said
877	board of supervisors shall publish a notice once a week for 2
878	consecutive weeks in the newspaper of general paid circulation
879	in which that the City of North Port publishes notices of city
880	meetings and in a newspaper of general paid circulation in which
881	Sarasota County publishes notices of its board meetings, and by
882	provision of 2 weeks advance written notice to the City of North
883	Port City Manager, briefly describing the unit or units into
884	which the district has been divided and the lands embraced in
885	each unit, giving the name, number, or other designation of such
886	units, requiring all owners of lands in the district to show
887	cause in writing before said board of supervisors at a time and
888	place to be stated in such notice why such division of said
889	district into such unit or units should not be approved, and why
890	the proceedings and powers authorized by this section of this
891	act should not be had, taken, and exercised. Two weeks' advance
892	written notice of the board's intent to establish said unit or
893	units shall also be provided:
894	(a)  To the City of North Port City Manager or his or her
895	designee as to that portion of the district located within the
896	City of North Port jurisdictional boundaries; or
897	(b)  To the Sarasota County Administrator or his or her
898	designee as to that portion of the district located within the
899	unincorporated area.
900
901	At the time and place stated in said notice, said board of
902	supervisors shall hear all objections or causes of objection,
903	all of which shall be in writing, of any landowner in the
904	district to the matters mentioned and referred to in such
905	notice, and if no objections are made, or if said objections, if
906	made, shall be overruled by said board, then said board shall
907	enter in its minutes its finding and order confirming said
908	resolution and may thereafter proceed with the development of
909	the district by unit or units pursuant to such resolution and to
910	the provisions of this act. If, however, said board of
911	supervisors shall find as a result of such objections, or any of
912	them, or the hearing thereon, that the division of the district
913	into such unit or units as aforesaid should not be approved, or
914	that the proceedings and powers authorized by this section of
915	this act should not be had, taken, or exercised, or that any
916	other matter or thing embraced in said resolution would not be
917	in the best interest of the landowners of said unit or units or
918	would be unjust or unfair to any landowner therein or otherwise
919	inconsistent with fair and equal protection and enforcement of
920	the rights of every landowner in said unit or units, then the
921	board of supervisors shall not proceed further under such
922	resolution, but said board of supervisors may, as a result of
923	such hearing, modify or amend said resolution so as to meet such
924	objections so made, and thereupon said board may confirm said
925	resolution as so modified or amended and may thereafter proceed
926	accordingly. If said board of supervisors shall overrule or
927	refuse to sustain any such objections in whole or in part made
928	by any landowner in the district, or if any such landowner shall
929	deem himself or herself aggrieved by any action of the board of
930	supervisors in respect to any objections so filed, such
931	landowner may, within 10 days after the ruling of said board,
932	file his or her complaint in the Circuit Court for Sarasota
933	County, against said district, praying an injunction or other
934	appropriate relief against the action or any part of such action
935	proposed by such resolution or resolutions of said board, and
936	such suits shall be conducted like other suits, except that said
937	suits shall have preference over all other pending actions
938	except criminal actions and writs of habeas corpus. Upon the
939	hearing of said cause, the circuit court shall have the power to
940	hear the objections and receive the evidence thereon of all
941	parties to such cause and approve or disapprove said resolutions
942	and action of the board in whole or in part, and to render such
943	decree in such cause as right and justice require.
944	(2)  When said resolutions creating said unit or units
945	shall be confirmed by the board of supervisors (or by the
946	Circuit Court for Sarasota County, if such proposed action shall
947	be challenged by a landowner by the judicial proceedings
948	hereinabove authorized), the board of supervisors may adopt a
949	plan of improvements or chapter 170 authorizing documents for
950	and in respect to any or all such units, and to have the
951	benefits and damages resulting therefrom assessed and
952	apportioned as is provided by law in regard to a plan of
953	improvements or chapter 170 authorizing documents for and
954	assessments for benefits and damages of the entire district.
955	With respect to the plan of improvements, notices, appointment
956	of engineer to prepare a report assessing the benefits and
957	damages, the engineer's report and notice and confirmation
958	thereof, the levy of assessments, including maintenance
959	assessments, the issuance of bonds, the exercise or use of
960	chapter 170, Florida Statutes, proceedings and all other
961	proceedings as to each and all of such units, said board shall
962	follow and comply with the same procedure as is provided by law
963	with respect to the entire district; and said board of
964	supervisors shall have the same powers in respect to each and
965	all of such units as is vested in them with respect to the
966	entire district. All the provisions of this act shall apply to
967	the improvement of each, any, and all of such units, and the
968	enumeration of or reference to specific powers or duties of the
969	supervisors or any other officers or other matters in this act
970	as hereinabove set forth, shall not limit or restrict the
971	application of any and all of the proceedings and powers herein
972	for such units as fully and completely as if such unit or units
973	were specifically and expressly named in every section and
974	clause of this act where the entire district is mentioned or
975	referred to. All assessments, levies, bonds, and other
976	obligations made, levied, assessed, or issued for or in respect
977	to any such unit or units shall be a lien and charge solely and
978	only upon the lands in such unit or units, respectively, for the
979	benefit of which the same shall be levied, made, or issued, and
980	not upon the remaining units or lands in the district. The board
981	of supervisors, upon an affirmative vote of a simple majority of
982	qualified electors, as defined in chapter 189, Florida Statutes,
983	within said unit voting in a referendum, or upon approval of the
984	landowners of 51 percent of the acreage in said unit if there
985	are no residents in said unit, may at any time amend its
986	resolutions by changing the location and description of lands in
987	any such unit or units and provided, further, that if the
988	location or description of lands located in any such unit or
989	units is so changed, notice of such change shall be published as
990	hereinabove required in this section for notice of the formation
991	or organization of such unit or units; provided, however, that
992	no lands against which benefits shall have been assessed may be
993	detached from any such unit after the final adoption of the
994	engineer's report of benefits or chapter 170 authorizing
995	document, in such unit or units or the issuance of bonds or
996	other obligations which are payable from assessments for
997	benefits levied upon the lands within such unit or units.
998	(3)  Provided, however, that if, after adoption of the
999	engineer's report of benefits chapter 170, authorizing document,
1000	in such unit or units, or the issuance of bonds or other
1001	obligations which are payable from assessments for benefits
1002	levied upon lands within such unit or units, the board of
1003	supervisors finds the plan of improvements, the engineer's
1004	report, or chapter 170 authorizing documents for any such unit
1005	or units insufficient or inadequate for efficient development,
1006	same may be amended or changed as provided in this act, chapter
1007	170 or chapter 298, Florida Statutes, and the unit or units may
1008	be amended or changed as provided in this section, by changing
1009	the location and description of lands in any such unit or units,
1010	by detaching lands therefrom or by adding land thereto, upon the
1011	approval of at least 51 percent of the landowners according to
1012	acreage, in any such unit, and provided that in such event all
1013	assessments, levies, fees, bonds, and other obligations made,
1014	levied, assessed, incurred, or issued for or in respect to any
1015	such unit or units may be allocated and apportioned to the
1016	amended unit or units in proportion to the benefits assessed by
1017	the engineer's report, for the amended plan of improvements and
1018	said report shall specifically provide for such allocation and
1019	apportionment. The landowners shall file their approval of or
1020	objections to such amended plan of improvements within the time
1021	provided in section 298.301, Florida Statutes, or, when used
1022	such applicable deadline provision, if any, of chapter 170,
1023	Florida Statutes, and shall file their approval of or objections
1024	to the amendment of such unit as provided in this section.
1025	(4)  No assessable lands shall be detached from any unit
1026	after the issuance of bonds or other obligations for such unit
1027	except upon the consent of a majority the holders, based on face
1028	value of the outstanding bonds, of such bonds or other
1029	obligations. In the event of the change of the boundaries of any
1030	unit as provided herein and the allocation and apportionment to
1031	the amended unit or units of assessments, levies, fees, bonds,
1032	and other obligations in proportion to the benefits assessed,
1033	the holder of the bonds or other obligations heretofore issued
1034	for the original unit who consents to such allocation and
1035	apportionment shall be entitled to all rights and remedies
1036	against any lands added to the amended unit or units as fully
1037	and to the same extent as if such added lands had formed and
1038	constituted a part of the original unit or units at the time of
1039	the original issuance of such bonds or other obligations, and
1040	regardless of whether the holders of such bonds or other
1041	obligations are the original holders thereof or the holders from
1042	time to time hereafter, and the rights and remedies of such
1043	holders against the lands in the amended unit or units,
1044	including any lands added thereto, under such allocation and
1045	apportionment, shall constitute vested and irrevocable rights
1046	and remedies to the holders from time to time of such bonds or
1047	other obligations as fully and to the same extent as if such
1048	bonds or other obligations had been originally issued to finance
1049	the improvements in such amended unit or units.
1050	(5)  Upon the formation of a unit, the board is authorized
1051	to levy a one-time organizational special assessment tax per
1052	acre on the lands in a unit sufficient to prepare a plan of
1053	improvements or chapter 170 authorizing documents and have the
1054	benefits assessed as provided herein.
1055	(6)  The territorial limits of a unit may be expanded to
1056	include additional land by agreement between the district and
1057	all of the landowners of the land to be included in the unit,
1058	provided that at the time of the execution of the agreement, the
1059	additional land is contained within the jurisdictional
1060	boundaries of the district. Land included in the unit by
1061	agreement shall thereafter be subject to the payment of all
1062	assessments or fees levied by the district in the unit and shall
1063	be subject to the provisions of all laws under which the
1064	district operates. The agreement shall be in recordable form and
1065	filed in the official records.
1066	(7)  The district shall not amend any plan of improvement
1067	for any unit in which any real property has been sold to the
1068	general public at large for residential and non-commercial
1069	purposes, in such a way that said amendment results in any
1070	increase in the principal amount of debt then authorized for
1071	that unit, without an affirmative vote of a simple majority of
1072	qualified electors, as so defined in chapter 189, Florida
1073	Statutes, within said unit voting in a referendum.
1074	Section 12.  Eminent domain.--The said board of supervisors
1075	is hereby authorized and empowered, when reasonably necessary
1076	for the implementation of district authorized public
1077	infrastructure works, facilities, or services, to exercise
1078	within the district, with prior approval by resolution of the
1079	governing body of the district, and the municipality or outside
1080	the district's territorial boundaries and within the City of
1081	North Port with prior approval, by resolution, of the City of
1082	North Port City Commission, (which approval shall not be
1083	unreasonably withheld), the right and power of eminent domain,
1084	pursuant to the provisions of chapters 73 and 74, Florida
1085	Statutes, over any property within the district and the City of
1086	North Port or unincorporated Sarasota County, except municipal,
1087	county, state, and federal property, for the uses and purposes
1088	of the district relating solely to water, sewer, district roads,
1089	and water management, specifically including, without
1090	limitation, the power for the taking of easements for the
1091	drainage of the land of one person over and through the land of
1092	another; however, the exercise of any such power of eminent
1093	domain:
1094	(1)  Within the territorial boundaries of the City of North
1095	Port, whether or not within the district boundaries, shall
1096	require the prior approval, by resolution, of the City of North
1097	Port City Commission (which approval shall not be unreasonably
1098	withheld); or
1099	(2)  Within the unincorporated area, whether or not within
1100	the district boundaries, shall require the prior approval, by
1101	resolution, of the Board of County Commissioners of Sarasota
1102	County (which approval shall not be unreasonably withheld).
1103	Section 17.  Territorial boundaries.--
1104	(1)  The territorial boundaries of the district shall be as
1105	follows, to wit:
1106
1107	LANDS LOCATED IN TOWNSHIP 39 SOUTH, RANGE 20 EAST,
1108	SARASOTA COUNTY, FLORIDA:
1109
1110	That part of Section 21, lying Southwesterly of County
1111	Road No. 777 (West River Road). All that part of
1112	Section 28, lying West of County Road No. 777 (West
1113	River Road). All of Section 29, less and except the
1114	following:
1115
1116	Right-of-way for U. S. Highway No. 41 (State Road No.
1117	45). All of Section 30, less and except the following:
1118	Right-of-way for U. S. Highway No. 41 (State Road No.
1119	45); That portion conveyed to Florida Power and Light
1120	Company consisting of approximately 4.66 acres in the
1121	SW1/4 as described in Official Record Book 1036, Page
1122	802, Public Records of Sarasota County, Florida; That
1123	portion lying West of lands described in Official
1124	Record Book 1036, Page 802, South of the westerly
1125	extension of the North line of said lands described in
1126	Official Records Book 1036, Page 802, and North of the
1127	northerly Right of Way line of U.S. Highway No. 41.
1128	All of Section 31, less and except the following:
1129	Right-of-way of U. S. Highway No. 41 (State Road No.
1130	45). All of Section 32, less and except the following:
1131	Right-of-way of U. S. Highway No. 41 (State Road No.
1132	45); That portion conveyed in Official Record Book
1133	2785, Page 634 of the Public Records of Sarasota
1134	County, Florida, (Sarasota County Hospital Board);
1135	That portion conveyed in Official Record Book 1571,
1136	Page 2172 of the Public Records of Sarasota County,
1137	Florida, (Manatee Community College); Right-of-way for
1138	Pine Street Extension as recorded in Official Record
1139	Book 2536, pages 811-974 of The Public Records of
1140	Sarasota County, Florida; That portion conveyed in
1141	Official Record Book 2785, Page 641 of the Public
1142	Records of Sarasota County, Florida, (120 wide
1143	perpetual Non-Exclusive easement); That portion lying
1144	South of lands conveyed in Official Record Book 1571,
1145	Page 2172 and East of lands described in Official
1146	Record Book 2785, Page 641, Public Records of Sarasota
1147	County, Florida. That portion of Section 33, lying
1148	North of U.S. Highway No. 41 (State Road No. 45) and
1149	West of County Road #777 (West River Road); also that
1150	portion of Section 33, lying South of U.S. Highway No.
1151	41 (State Road No. 45), West of a 200 ft. wide access
1152	easement described in Official Records Book 2389, Page
1153	528, Public Records of Sarasota County, Florida, and
1154	North of lands conveyed in Official Records Book 1571,
1155	Page 2172, Public Records of Sarasota County, Florida;
1156	also that portion of Section 33, lying South of U.S.
1157	Highway No. 41 (State Road No. 45), described as
1158	follows:
1159
1160	COMMENCE at the East Quarter Corner of Section 33,
1161	Township 39 South, Range 20 East, Sarasota County
1162	Florida; thence S. 00°16'02"W., along the East line of
1163	said Section 33, a distance of 289.08 feet to a point
1164	on the Southerly Right of Way Line of U.S. Highway No.
1165	41, (State Road No. 45) per Florida Department of
1166	Transportation Right of Way Map Section 17010-2508,
1167	same being a point on a curve to the right having a
1168	radius of 3011.73 feet, a central angle of 24°58'49",
1169	a chord bearing of N. 66?51'56"W., and a chord length
1170	of 1032.71 feet; thence along the arc of said curve
1171	and said Southerly Right of Way of U.S. No. 41, an arc
1172	length of 1313.08 feet to the point of tangency of
1173	said curve; thence N. 54°22'31"W., along said
1174	southerly Right of Way, a distance of 66.57 feet to
1175	the POINT OF BEGINNING, same being the Northwest
1176	corner of Lands described in Official Records
1177	Instrument No. 1998166153, per Public Records of
1178	Sarasota County, Florida; thence along the Westerly
1179	line of said Lands described in Official Records
1180	Instrument No. 1998166153 the following three (3)
1181	courses and distances; (1) S. 35°37'26"W., a distance
1182	of 161.93 feet to the point of curvature of a curve to
1183	the right having a radius of 559.97 feet, a central
1184	angle of 29?49'56", a chord bearing of S. 50°32'24"W.,
1185	and a chord length of 288.28 feet; (2) thence along
1186	the arc of said curve an arc length of 291.56 feet to
1187	the end of said curve; (3) thence S. 00°01'27"W., a
1188	distance of 1074.23 feet; thence N. 48°24'50"W.,
1189	leaving said Westerly Line, a distance of 2914.38 feet
1190	to the Northeast corner of Lands described as Manatee
1191	Community College per Official Records Book 1571, Page
1192	2172, same being the point of curvature of a curve to
1193	the left having a radius of 4577.37 feet, a central
1194	angle of 06°20'23", a chord bearing of N. 60°40'02"W.,
1195	and a chord length of 506.22 feet; thence along the
1196	arc of said curve and Northerly Line of Lands
1197	described as Manatee Community College, an arc length
1198	of 506.48 feet to the end of said curve, same being
1199	the Southeast corner of lands described in Official
1200	Records Book 2389, Page 529, Public Records of
1201	Sarasota County, Florida; thence N. 65°18'18"E., along
1202	the Easterly Line of said lands, a distance of 188.09
1203	feet; thence continue N. 00°00'19"W., along said
1204	Easterly Line, a distance of 144.96 feet to the
1205	Northeast corner of said Lands; thence N. 65°21'46"W
1206	along the Northerly Line of said Lands, a distance of
1207	400.68 feet to the Northwest corner of said Lands,
1208	same being a point on the Easterly Line of a 200 foot
1209	wide access Easement per Official Records Book 1571,
1210	Pages 2172 through 2175 and Official Records Book
1211	2389, Pages 528 through 530, Public Records of
1212	Sarasota County, Florida; thence N. 00°30'25"E., along
1213	the Easterly Line of said 200 foot wide access
1214	Easement, a distance of 786.89 feet to the Southerly
1215	Right of Way of U.S. No. 41, same being a point on a
1216	curve to the right having a radius of 5597.58 feet, a
1217	central angle of 03?08'33", a chord bearing of S.
1218	69°13'16"E., and a chord length of 306.97 feet; thence
1219	along the arc of said curve an arc length of 307.01
1220	feet to the end of said curve; thence continue along
1221	said Southerly Right of Way Line the following
1222	fourteen (14) courses and distances; (1) S.
1223	22°19'13"W., a distance of 10.00 feet to the point of
1224	curvature of a curve to the right having a radius of
1225	5587.58 feet, a central angle of 00?45'15", a chord
1226	bearing of S. 67°16'21"E., and a chord length of 73.55
1227	feet; (2) thence along the arc of said curve an arc
1228	length of 73.55 feet; (3) thence N. 23°06'16"E., a
1229	distance of 10.00 feet to the point of curvature of a
1230	curve to the right having a radius of 5597.58 feet, a
1231	central angle of 08°17'44", a chord bearing of S.
1232	62°44'52"E., and a chord length of 809.74 feet; (4)
1233	thence along the arc of said curve an arc length of
1234	810.45 feet; (5) thence S. 31°08'57"W., a distance of
1235	10.00 feet to the point of curvature of a curve to the
1236	right having a radius of 5587.58 feet, a central angle
1237	of 00°45'12", a chord bearing of S. 58°13'22"E., and a
1238	chord length of 73.47 feet; (6) thence along the arc
1239	of said curve an arc length of 73.47 feet; (7) thence
1240	N. 32°24'25"E., a distance of 10.00 feet to the point
1241	of curvature of a curve to the right having a radius
1242	of 5597.58 feet, a central angle of 03°28'13",a chord
1243	bearing of S. 56°06'38"E., and a chord length of
1244	338.98 feet; (8) thence along the arc of said curve an
1245	arc length of 339.03 feet to the end of said curve;
1246	thence (9) S. 56°35'34"E.; a distance of 155.08 feet;
1247	(10) thence S. 54°22'31"E., a distance of 1102.52
1248	feet; (11) thence S. 51°00'40"E., a distance of 101.66
1249	feet; (12) thence S. 54°20'43"E., a distance of 199.02
1250	feet; (13) thence S. 48°43'03"E., a distance of 100.71
1251	feet; (14) thence S. 54°22'31"E., a distance of 447.75
1252	feet to the POINT OF BEGINNING.
1253
1254	That portion of the North Half of the Southwest
1255	Quarter of the Northwest Quarter of Section 34, lying
1256	West of River Road (County Road No. 777); also that
1257	portion of the Southeast Quarter of Section 34, lying
1258	West of the Myakka River, South of the South line of
1259	lands described in Official Record Instrument No.
1260	2000002794, Public Records of Sarasota County, Florida
1261	(River Road Office Park, Inc.), and easterly of the
1262	maintained right of way line of a paved road running
1263	from River Road to the South line of the Northeast
1264	Quarter of said Section 34, (Old River Road), less and
1265	except the following: That portion described in
1266	Official Record Instrument No. 1999111833, Public
1267	Records of Sarasota County, Florida, (Right of Way for
1268	County Road No. 777). All of Section 35 lying West of
1269	the Myakka River. Also, a portion of Sections 32, 33
1270	and 34, Township 39 South, Range 20 East, Sarasota
1271	County, Florida, being more particularly described as
1272	follows: BEGIN at the Southeast corner of Section 32,
1273	Township 39 South, Range 20 East; thence N.
1274	89°04'43"W., along the South line of said Section 32,
1275	a distance of 410.14 feet to the Southeast corner of
1276	the lands described in Official Records Book 2785 at
1277	Page 634, of the Public Records of Sarasota County,
1278	Florida; thence N. 00°30'25"E., along the East line of
1279	said lands described in Official Records Book and
1280	Page, same being the West line of a 120.00 foot wide
1281	Perpetual Non-exclusive Easement per Official Records
1282	Book 2785 at Page 641, a distance of 1400.76 feet to a
1283	point on the westerly extension of the southerly
1284	boundary line of lands described in Official Records
1285	Book 1571 at Page 2172, of the Public Records of
1286	Sarasota County, Florida; thence along the westerly
1287	extension and boundary of said lands described in
1288	Official Records Book 1571, at Page 2172 the following
1289	two (2) courses: (1) S. 89°29'35"E., a distance of
1290	1960.21 feet; (2) thence N. 00°30'25"E., a distance of
1291	2062.70 feet to the Northeast corner of said lands;
1292	thence S. 48°24'50"E., a distance of 2914.38 feet to
1293	the Southwest corner of lands described in Official
1294	Records Instrument 1998166154, of the Public Records
1295	Sarasota County, Florida; thence along the boundary of
1296	said lands described in Official Records Instrument
1297	1998166154 the following three (3) courses: (1) S.
1298	89°58'33"E., a distance 676.50 feet; (2) thence N.
1299	00°01'27"E., a distance of 752.33 feet; (3) thence N.
1300	28°06'22"E., a distance of 362.06 feet to a point on
1301	the southerly right of way line of U.S. Highway No.
1302	41, as per Florida Department of Transportation Right
1303	of Way Map, Section 17010-2508, said point being on a
1304	curve concave to the northeast and having a radius of
1305	3011.73 feet, a central angle of 14°28'18", a chord
1306	bearing of S. 72°07'12"E. and a chord distance of
1307	758.67 feet; thence in an easterly direction, along
1308	the arc of said curve, an arc distance of 760.69 feet
1309	to a point on the West line of Section 34, Township 39
1310	South, Range 20 East, Sarasota County, Florida; thence
1311	S. 00°16'02"W., along the West line of said Section
1312	34, and leaving said southerly right of way line, a
1313	distance of 379.82 feet; thence S. 89°37'27"E., a
1314	distance of 1329.90 feet to a point on the westerly
1315	right of way line of County Road #777 (South River
1316	Road) as per Florida Department of Transportation
1317	Right of Way Map, Section 17550-2601; thence along
1318	said westerly right of way line, the following six (6)
1319	courses; (1) S. 00°07'30"W., a distance of 5.48 feet;
1320	(2) thence S. 89°23'52"E., a distance of 9.74 feet;
1321	(3) thence S. 36°39'07"E., a distance of 64.18 feet to
1322	the point of curvature of a circular curve to the
1323	right, having a radius of 5599.32 feet, a central
1324	angle of 02°00'54", a chord bearing of S. 35°38'40"E.
1325	and a chord distance of 196.90 feet; (4) thence
1326	southeasterly, along the arc of said curve, an arc
1327	distance of 196.91 feet to the end of said curve; (5)
1328	thence N. 55°21'47"E., radial to the last described
1329	curve, a distance of 20.00 feet to a point on a curve
1330	concentric with the last described curve and having a
1331	radius of 5619.32 feet, a central angle of 15°31'30",
1332	a chord bearing of S. 26°52'28"E. and a chord distance
1333	of 1517.98 feet; (6) thence in a southerly direction
1334	along the arc of said curve, an arc distance of
1335	1522.64 feet to the Northeast corner of lands
1336	described in Official Records Instrument 2000002794,
1337	of the Public Records Sarasota County, Florida; thence
1338	S. 78°41'04"W., along the northerly line of said lands
1339	described in Official Records Instrument 2000002794, a
1340	distance of 2240.20 feet to the Southeast corner of
1341	Section 33, Township 39 South, Range 20 East, Sarasota
1342	County, Florida; thence N. 89°39'52"W., along the
1343	South line of said Section 33, a distance of 5318.90
1344	feet to the POINT OF BEGINNING.
1345
1346	LANDS LOCATED IN TOWNSHIP 40 SOUTH, RANGE 20 EAST,
1347	SARASOTA COUNTY, FLORIDA:
1348
1349	All of Section 3, less and except the following: That
1350	portion conveyed in Order of Taking recorded in
1351	Official Record Book 2679, Page 2750-2754, of the
1352	Public Records of Sarasota County, Florida (County
1353	Road No 777); That portion conveyed in Official Record
1354	Instrument No. 2000002794 of the Public Records of
1355	Sarasota County, Florida, (River Road Office Park,
1356	Inc.); The maintained right-of-way of County Road No.
1357	777 (South River Road). All of Section 4, Less and
1358	except the following: That portion described in
1359	Official Record Instrument No. 2000002794, of the
1360	Public Records of Sarasota County, Florida, (River
1361	Road Office Park, Inc.). All of Section 5, less and
1362	except the following: Right-of-way conveyed for Pine
1363	Street Extension recorded in Official Record Book
1364	2536, Page 811-974, of the Public Records of Sarasota
1365	County, Florida. All of Section 6, less and except the
1366	following: Right-of-way conveyed for Pine Street
1367	Extension recorded in Official Record Book 2536, Page
1368	811-974, of the Public Records of Sarasota County,
1369	Florida. All of Section 7, less and except the
1370	following: Right-of-way conveyed for Pine Street
1371	Extension recorded in Official Record Book 2536, Page
1372	811-974, of the Public Records of Sarasota County,
1373	Florida. All of Section 8. All of Section 9. All of
1374	Section 10, less and except the following: The
1375	maintained right-of-way for County Road No. 777 (South
1376	River Road) ALL OF THE ABOVE ARE SUBJECT TO EASEMENTS
1377	OF RECORD, OR OTHERWISE, USED FOR DRAINAGE, UTILITIES
1378	AND/OR INGRESS AND EGRESS.
1379
1380	The above described property contains a total of
1381	8193.7478 acres more or less.
1382
1383	(2)  The territorial limits of West Villages Improvement
1384	District shall also embrace and include those parcels of land
1385	described as follows:
1386
1387	LANDS LOCATED IN TOWNSHIP 39 SOUTH, RANGE 20 EAST,
1388	SARASOTA COUNTY, FLORIDA:
1389
1390	All that part of Section 21, as lies Southwesterly of
1391	County Road # 777 (West River Road). All that part of
1392	Section 28 lying West of County Road # 777 (West River
1393	Road). All that part of Section 32, described as
1394	follows:
1395
1396	Commence at the Northeast corner of said Section 32;
1397	thence S.00E30'23"W., along the easterly line of the
1398	Northeast 1/4 of said Section 32, a distance of
1399	2658.68 feet to the southeast corner of said Northeast
1400	1/4; thence N.89E23'27"W. a distance of 290.00 feet to
1401	the POINT OF BEGINNING; thence N.00E30'23"E., parallel
1402	with the easterly line of said Section 32, a distance
1403	of 2497.34 feet to the southerly right-of-way of U.S.
1404	Highway 41, being a point on a curve to the left the
1405	center of which lies S.06E30'20"W., a radial distance
1406	of 5603.58 feet; thence along the arc in a westerly
1407	direction, passing through a central angle of
1408	01E13'57", a distance of 120.53 feet; thence
1409	S.00E30'23"W., a distance of 5165.77 feet; thence
1410	S.89E05'08"E., a distance of 120.00 feet; thence
1411	N.00E30'23"E., a distance of 2657.98 feet to the POINT
1412	OF BEGINNING.
1413
1414	All that part of Section 33, described as follows:
1415	Commence at the NW corner of Section 33, Township 39
1416	South, Range 20 East, Sarasota Florida; run thence S.0
1417	degrees 30'44"W. along the westerly line of said
1418	Section 33, 105.39' to the centerline of U.S. 41;
1419	thence continue S.0 degrees 30'44"W. along said
1420	westerly line 1372.36'; thence S.89 degrees 29'16"E.
1421	along the northerly line of Tract, 810' to the POINT
1422	OF BEGINNING of said centerline of said 200 foot wide
1423	Tract; thence N.0 degrees 30'44"E., parallel to the
1424	said westerly line of Section 33, 1078.74' to the
1425	southerly right-of-way line of U.S. 41 (right-of-way
1426	being 100 feet from centerline at this point) for a
1427	POINT OF TERMINATION.
1428
1429	All that part of Section 34 described as follows: The
1430	North Half of the Northwest Quarter of the Southwest
1431	Quarter lying South of U.S. Highway #41 (State Road
1432	#45) and West of the right of way of County Road #777
1433	(as realigned) in Official Records Book 2679 at Pages
1434	2750-2574, LESS the following described lands: East
1435	200' (as measured along the South Right-of-Way of
1436	Tamiami Trail, or arc distance) of the West 392.7 feet
1437	measured along the South Right-of-Way of said Tamiami
1438	Trail, arc distance; on the following described
1439	property: That portion of the Northwest 1/4 of the
1440	Northwest 1/4 of the Southwest 1/4 of Section 34,
1441	Township 39 South, Range 20 East, Sarasota County,
1442	Florida, lying South of Tamiami Trail and being more
1443	particularly described as follows: Begin at the West
1444	1/4 of section corner of Section 34, Township 39
1445	South, Range 20 East and run South on the section line
1446	196.71 feet to the South Right-of-Way line of the
1447	Tamiami Trail for a Point of Beginning: thence
1448	continue S.89E58'00"E 659 feet; thence N.00E00'20"W
1449	424.57 feet to the South Right-of-Way of the said
1450	Tamiami Trail; thence in a Northwesterly direction
1451	along the curve of said Tamiami Trail a distance of
1452	662.5 feet to the Point of Beginning. Said above
1453	described lands being more particularly described and
1454	surveyed as follows: Commence at the West quarter
1455	corner of said Section 34, thence South along the
1456	Westerly section line of said Section 34, a distance
1457	of 668.85 feet; thence S.89E58'00"E. a distance of
1458	190.40 feet to the Point of Beginning of this
1459	description. Thence N.00E00'00"E. a distance of 350.24
1460	feet to a point on the Southerly Right-of-Way line of
1461	Tamiami Trail also known as STATE ROAD No. 45. and
1462	U.S. 41 as per Florida Department of Transportation
1463	Right-of-Way maps Section No. 17010-2508 (204' Right-
1464	of-Way) said point also being on the arc of a circular
1465	curve to the left whose radius point bears
1466	N.06E36'51"E., thence along the arc of said curve in
1467	an easterly direction through a central angle of
1468	03E48'13", having a radius distance of 3011.73 feet,
1469	an arc distance of 199.93 feet; thence South leaving
1470	said Right-of-Way line a distance of 333.93 feet;
1471	thence N.89E58'00"W. a distance of 199.22 feet to the
1472	Point of Beginning; The NE 1/4 of the SW 1/4, lying
1473	easterly of right of way for County Road #777 (as
1474	realigned) as per Official Records Book 2679, at Pages
1475	2750-2754, Less the NW 1/4 of the NE 1/4 of the SW
1476	1/4, Also Less lands described in Official Records
1477	Instrument Number 1999111833; That part of the West
1478	Half of the SE 1/4, lying westerly of maintained right
1479	of way for South River Road (Old River Road), and
1480	northerly of lands described in Official Records
1481	Instrument Number 1999111833.
1482
1483	IN TOWNSHIP 40 SOUTH, RANGE 20 EAST, SARASOTA COUNTY,
1484	FLORIDA:
1485
1486	All of Section 15, less and except the following: The
1487	maintained right-of-way for County Road #777 (South
1488	River Road); Right-of-way conveyed in Official Records
1489	Instrument Number 2000163556.
1490
1491	All of Section 17, less and except the following:
1492	Right-of-way conveyed for Pine Street Extension
1493	recorded in Official Record Book 2536, Page 811-974,
1494	of the Public Records of Sarasota County, Florida.
1495
1496	All of Section 18, less and except the following:
1497	Right-of-way conveyed for Pine Street Extension
1498	recorded in Official Record Book 2536, Page 811-974,
1499	of the Public Records of Sarasota County, Florida.
1500
1501	All of Section 19, less and except the following:
1502	Right-of-way conveyed for Pine Street Extension
1503	recorded in Official Record Book 2536, Pages 811-974,
1504	of the Public Records of Sarasota County, Florida.
1505
1506	All of Section 20, less and except the following:
1507	Right-of-way conveyed for Pine Street Extension
1508	recorded in Official Record Book 2536, Pages 811-974,
1509	of the Public Records of Sarasota County, Florida;
1510	Maintained right-of-way for County Road #777 (South
1511	River Road).
1512
1513	All of Section 21, less and except the following:
1514	Maintained right-of-way for County Road #777 (South
1515	River Road); The SW 1/4 of the SE 1/4; The North 50
1516	feet of the South 380 feet of the SW 1/4 lying East of
1517	County Road #777 (South River Road); Right-of-way
1518	conveyed in Official Record Book 2097, Page 396, of
1519	the Public Records of Sarasota County, Florida; Right-
1520	of-way conveyed in Official Records Instrument Number
1521	2000163556.
1522
1523	Parcel Contains 3739.9714 Acres more or less.
1524	Section 19.  Limitations of powers.--All governmental
1525	planning, environmental, and land development laws, regulations,
1526	and ordinances apply to all development of the land within the
1527	district. The district does not have the power of a local
1528	government to adopt a comprehensive plan, building code, zoning
1529	code, or land development code, as those terms are defined in
1530	the Local Government Comprehensive Planning and Land Development
1531	Regulation Act. The district shall take no action which is
1532	inconsistent with applicable comprehensive plans, ordinances, or
1533	regulations of the applicable local general-purpose government.
1534	Nothing in this act shall create any delegation of any
1535	responsibilities or authorities from Sarasota County or the City
1536	of North Port to the district. Notwithstanding anything to the
1537	contrary, as to any lands located within the City of North Port
1538	jurisdictional boundaries or the unincorporated area, the
1539	district shall be required to obtain any and all permits for
1540	infrastructure planning and construction from the City of North
1541	Port or Sarasota County, respectively, that would otherwise be
1542	required of a private entity performing the same work. The
1543	district shall not have the power to supersede supercede,
1544	contravene, or overrule any development or annexation agreements
1545	entered into by landowners within or outside of the district or
1546	any City of North Port joint planning agreements or interlocal
1547	agreements with Sarasota County or any other governmental
1548	entities.
1549	Section 2.  Referendum.--No expansion of the territorial
1550	boundaries of the district shall be effective until a landowner
1551	referendum is conducted by the board of supervisors within 60
1552	days after the effective date of this act on the question of
1553	expanding the territorial boundaries of the district. All
1554	landowners (which include the landowners within the current
1555	district and expanded district boundaries) are entitled to vote
1556	in the referendum held pursuant to this section. The referendum
1557	shall be held on a one acre, one vote basis at the expense of
1558	the district. If the landowners approve the referendum described
1559	in this section by a majority vote of the acreage cast, then
1560	this act shall take effect immediately.
1561	Section 3.  This act shall take effect only upon its
1562	approval by a majority vote of those qualified landowners of the
1563	area described in section 17, as amended, voting in a referendum
1564	to be held by the Board of Supervisors of the West Villages
1565	Improvement District voting in a special election, except that
1566	this section and section 2 shall take effect upon becoming a
1567	law.

CODING: Words stricken are deletions; words underlined are additions.