HB 1445

CS

CHAMBER ACTION

1	The Local Government Council recommends the following:
2
3	Council/Committee Substitute
4	Remove the entire bill and insert:
5	A bill to be entitled
6	An act relating to the West Villages Improvement District,
7	Sarasota County; amending chapter 2004-456, Laws of
8	Florida; expanding the territorial boundaries of the
9	district; supplementing the conditions and requirements
10	for the exercise of its powers, functions, and duties;
11	providing for a referendum; providing an effective date.
12
13	Be It Enacted by the Legislature of the State of Florida:
14
15	Section 1.  Sections 2, 3, 4, 5, 11, 12, 17, and 19 and
16	subsection (2) of section 10 of chapter 2004-456, Laws of
17	Florida, are amended to read:
18	Section 2.  District; creation, jurisdiction, and
19	purpose.--
20	(1)  The West Villages Improvement District, herein
21	referred to as the "district," is hereby created and
22	incorporated as an independent special district, pursuant to
23	chapter 189, Florida Statutes, to be known as the West Villages
24	Improvement District, in the City of North Port and in
25	unincorporated, Sarasota County, which independent special
26	district shall be a public body corporate and politic.
27	(2)  The district's territorial boundary shall embrace and
28	include that real property described in following section 17.
29	(3)  The district is created for all purposes as shall be
30	liberally construed from and set forth in this act, under
31	sections 189.401-189.429, Florida Statutes, provided that
32	section 189.4045(2), Florida Statutes, is specifically excluded
33	and not applicable to the district or to the City of North Port
34	as to that portion of the district located within the City of
35	North Port jurisdictional boundaries, or to Sarasota County as
36	to that portion of the district located within the
37	unincorporated area, and chapter 298, Florida Statutes, as the
38	same may be amended from time to time, and may perform such acts
39	as shall be necessary, convenient, incidental, or proper for the
40	provision, acquisition, development, operation, and maintenance
41	of those public infrastructure works and services authorized
42	herein, including all facilities necessary and incidental
43	thereto.
44	(4)  The district charter created by this act may be
45	amended only by special act of the Legislature. Any expansion of
46	the powers or the boundaries of the district within the City of
47	North Port shall require prior approval of the City of North
48	Port Commission or its designee. Any expansion of the powers or
49	the boundaries of the district within the unincorporated area of
50	Sarasota County shall require prior approval of the Board of
51	County Commissioners of Sarasota County or its designee.
52	(5)  The definition of terms and phrases shall be as set
53	forth in chapters 189 and 298, Florida Statutes, unless
54	otherwise herein defined.
55	Section 3.  District powers, functions, and duties.--
56	(1)  In addition to any powers, functions, and duties set
57	forth in this act, the district shall have the authority to
58	exercise such powers, functions, and duties as may be set forth
59	in chapter 298, Florida Statutes.
60	(2)  The district is hereby authorized and empowered as
61	follows:
62	(a)  To adopt by resolution bylaws for the regulation of
63	its affairs and the conduct of its business.
64	(b)  To adopt by resolution rules as necessary for
65	implementation, regulation, and enforcement as are consistent
66	with the purposes of the district and this act.
67	(c)  To adopt an official seal reflecting the name and
68	nature of the district.
69	(d)  To acquire by grant, loan, purchase, gift, transfer,
70	exchange, dedication, lease, devise, or, when reasonably
71	necessary for the implementation of district-authorized public
72	infrastructure works, facilities, or services by means of the
73	exercise of the right of eminent domain pursuant to the laws of
74	the state and in accordance with section 12 of this act, all
75	property, real or personal, or any easement, license, estate, or
76	interest therein necessary, desirable, or convenient for the
77	purposes of this act, and to sell, convey, transfer, gift,
78	lease, rent, dedicate, forfeit, abandon, exchange, or assign all
79	or any part thereof to or with other entities, including
80	governmental entities and agencies, and to exercise all of its
81	powers and authority with respect thereto. The district shall
82	not have the right of eminent domain outside of the boundaries
83	of the district. Notwithstanding anything contained herein, the
84	district shall not obtain fee simple title to any real property
85	within the district except by dedication on an approved plat:
86	1.  As to that portion of the district located within the
87	City of North Port jurisdictional boundaries, with the approval
88	of the City of North Port Commission or its designee;
89	2.  As to that portion of the district located within the
90	unincorporated area, with the approval of the Board of County
91	Commissioners of Sarasota County or its designee;, or
92	3.  As if otherwise required by another governmental entity
93	or agency.
94
95	Any property interests owned by the district which are used for
96	nonpublic or private commercial purposes shall be subject to all
97	ad valorem taxes, intangible personal property taxes, or non-ad
98	valorem assessments, as would be applicable if said property
99	were privately owned.
100	(e)  To finance, plan (as to that portion of the district
101	located within the City of North Port jurisdictional boundaries,
102	consistent with the City of North Port Comprehensive Plan and
103	implementing ordinances, studies, and plans; and, as to that
104	portion of the district located within the unincorporated area,
105	consistent with the Sarasota County Comprehensive Plan and
106	implementing ordinances, studies, and plans), design, acquire,
107	construct, install, operate, equip, upgrade, reclaim, replace,
108	extend, renovate, mitigate, and maintain canals, swales,
109	outfalls, dams, control structures, pumps and pumping systems,
110	aerators, seawalls, berms, ditches, telemetry and monitoring
111	equipment, retention areas, holding basins, marshes, wetlands,
112	uplands, drains, levees, lakes, ponds, and other works or
113	elements for modern comprehensive water management drainage,
114	environmental, mitigation preservation, erosion, quality, and
115	control purposes, and:
116	1.  As to that portion of the district located within the
117	City of North Port jurisdictional boundaries, further that the
118	district shall agree, at the request of the City of North Port
119	Commission or its designee, subject to a developer's agreement
120	with the City of North Port (neither party's consent to said
121	developer's agreement shall be unreasonably withheld), to donate
122	and turn over operation to the City of North Port of all or any
123	portion of said water management system located within the City
124	of North Port jurisdictional boundaries; and
125	2.  As to that portion of the district located within the
126	unincorporated area, the district shall agree, at the request of
127	the Board of County Commissioners of Sarasota County or its
128	designee, subject to a developer's agreement with Sarasota
129	County (neither party's consent to said developer's agreement
130	shall be unreasonably withheld), to donate and turn over
131	operation to Sarasota County of all or any portion of said water
132	management system located within the unincorporated area to the
133	City of North Port.
134	(f)  To regulate, modify, control, and redirect the supply
135	and level of water within the district if consistent with the
136	rules and regulations of:
137	1.  The City of North Port as to that portion of the
138	district located within the City of North Port's jurisdictional
139	boundaries;
140	2.  Sarasota County, as to that portion of the district
141	located within the unincorporated area; and
142	3.  The Port and Southwest Florida Water Management
143	District rules and regulations,
144
145	including the division of waters from one area, lake, pond,
146	river, stream, basin, or water control facility to another; to
147	control and restrict the development and use of natural or
148	artificial streams or bodies of water, lakes, or ponds; and to
149	take of measures determined by the board to be necessary or
150	desirable to prevent or alleviate land erosion, flooding, or
151	water quality problems or issues, provided all such activity
152	shall be carried out in accordance with applicable federal,
153	state, and local government rules and regulations.
154	(g)  To finance the implementation of appropriate studies,
155	whether by the district or in conjunction with other agencies or
156	entities, to assist in implementing the district's powers,
157	authorities, and purposes as set forth herein and to facilitate
158	the orderly management of the district and its works and
159	facilities.
160	(h)  To finance, plan (as to that portion of the district
161	located within the City of North Port jurisdictional boundaries,
162	consistent with City of North Port Comprehensive Plan and
163	implementing ordinances, studies, and plans; and, as to that
164	portion of the district located within the unincorporated area,
165	consistent with the Sarasota County Comprehensive Plan and
166	implementing ordinances, studies, and plans), design, acquire,
167	construct, install, operate, equip, upgrade, replace, extend,
168	renovate, and maintain irrigation works, machinery, plants, and
169	appurtenances.
170	(i)  To finance, plan (as to that portion of the district
171	located within the City of North Port jurisdictional boundaries,
172	consistent with City of North Port Comprehensive Plan and
173	implementing ordinances, studies, and plans; and, as to that
174	portion of the district located within the unincorporated area,
175	consistent with the Sarasota County Comprehensive Plan and
176	implementing ordinances, studies, and plans), design, acquire,
177	construct, install, operate, equip, upgrade, replace, extend,
178	renovate, and maintain roadways; and to include either as a
179	component of such roads or independently by themselves,
180	parkways, bridges, landscaping, irrigation, bicycle and jogging
181	paths, street lighting, entry features, traffic signals, road
182	striping, and all other customary elements or appurtenances of a
183	modern road system for the exclusive use and benefit of the
184	district, a unit of development, and/or its landowners,
185	residents, and invitees in order to control ingress and egress;
186	to finance and maintain said roads and their associated elements
187	and components as a part of a plan of improvements; to construct
188	and maintain security structures to control the use of said
189	roads; to make provision for access by fire, police, and
190	emergency vehicles and personnel for the protection of life and
191	property; to include, in the annual assessment of non-ad valorem
192	assessments as authorized, sufficient funds to finance and
193	maintain said roads as a part of a plan of improvements, and to
194	adopt, by resolution of the board, rules and regulations for the
195	control of traffic, noise levels, crime, and the use of the
196	roads by those authorized. Provided that in the event the
197	district should construct all or any portion of a major
198	thoroughfare or transportation route as identified in section
199	163.3177(6)(b), Florida Statutes, the district will not be
200	permitted to limit said thoroughfare or transportation route for
201	the exclusive use and benefit of the district, a unit of
202	development, and/or its residents without the written consent of
203	the applicable local general purpose government. Notwithstanding
204	anything to the contrary herein:
205	1.  As to that portion of the district located within the
206	City of North Port jurisdictional boundaries, construction of
207	roads by the district shall not be in conflict with City of
208	North Port rules, master plans, plans, specifications, or
209	regulations; and
210	2.  As to that portion of the district located within the
211	unincorporated area, construction of roads by the district shall
212	not be in conflict with rules, master plans, plans,
213	specifications, or regulations of Sarasota County.
214
215	As to that portion of the district located within the City of
216	North Port jurisdictional boundaries, the district shall agree,
217	at the request of the City of North Port Commission or its
218	designee, subject to applicable impact fee ordinances and a
219	developer's agreement with the City of North Port (neither
220	party's consent to said developer's agreement shall be
221	unreasonably withheld), to donate and turn over operation of all
222	or any portion of any public roadway system within the City of
223	North Port jurisdictional boundaries. As to that portion of the
224	district located within the unincorporated area, the district
225	shall agree, at the request of the Broad of County Commissioners
226	of Sarasota County or its designee, subject to applicable impact
227	fee ordinances and a developer's agreement with Sarasota County
228	(neither party's consent to said developer's agreement shall be
229	unreasonably withheld), to donate and turn over operation of all
230	or any portion of any public roadway system within the
231	unincorporated area to Sarasota County to the City of North
232	Port.
233	(j)  To finance, plan (as to that portion of the district
234	located within the City of North Port jurisdictional boundaries,
235	consistent with City of North Port Comprehensive Plan and
236	implementing ordinances, studies, and plans; and, as to that
237	portion of the district located within the unincorporated area,
238	consistent with the Sarasota County Comprehensive Plan and
239	implementing ordinances, studies, and plans), design, acquire,
240	construct, install, operate, equip, upgrade, replace, extend,
241	renovate, and maintain entry features, garages, parking
242	facilities, district offices, buildings, facilities, and
243	structures.
244	(k)  To finance, plan (as to that portion of the district
245	located within the City of North Port jurisdictional boundaries,
246	consistent with City of North Port Comprehensive Plan and
247	implementing ordinances, studies, and plans; and, as to that
248	portion of the district located within the unincorporated area,
249	consistent with the Sarasota County Comprehensive Plan and
250	implementing ordinances, studies, and plans), design, acquire,
251	construct, install, operate, equip, upgrade, replace, extend,
252	renovate, reclaim, mitigate, protect, remove exotics, and
253	maintain improvements, works, landscaping, systems, structures,
254	buildings, and facilities for community or public preserves,
255	uplands, wetlands, playgrounds, parks, gymnasiums, stadiums,
256	ballfields, greenways, waterways, and facilities for indoor and
257	outdoor recreational, sport, cultural, and educational uses.
258	(l)1.  To finance, plan (as to that portion of the district
259	located within the City of North Port jurisdictional boundaries,
260	consistent with City of North Port Comprehensive Plan and
261	implementing ordinances, studies, and plans; as to that portion
262	of the district located within the unincorporated area,
263	consistent with the Sarasota County Comprehensive Plan and
264	implementing ordinances, studies, and plans; and as to that
265	portion of the district located within the Englewood Water
266	District service area, consistent with the Englewood Water
267	District's adopted studies and plans), design, acquire,
268	construct, install, operate, set, and charge by resolution
269	access, user, or connection fees and charges, equip, upgrade,
270	replace, store, extend, renovate, and maintain water plants and
271	systems, plus appurtenances, to produce, desalinate, purify,
272	sell, and distribute water for consumption, irrigation, or other
273	purposes; provided that the exercise of such construction,
274	operation, fee establishment, and production powers by the
275	district shall:
276	a.  As to that portion of the district located within the
277	City of North Port jurisdictional boundaries, require the prior
278	approval of the City of North Port Commission or its designee;
279	b.  As to that portion of the district located within the
280	unincorporated area, require the prior approval of the Board of
281	County Commissioners of Sarasota County or its designee; and
282	c.  As to that portion of the district located within the
283	Englewood Water District service area, require the prior
284	approval of the Board of the Englewood Water District or its
285	designee.
286	2.  As to that portion of the district located within the
287	City of North Port jurisdictional boundaries, and further that
288	the district shall agree, at the request of the City of North
289	Port Commission or its designee, subject to a utility
290	developer's agreement with the City of North Port (neither
291	party's consent to said developer's agreement shall be
292	unreasonably withheld), to donate and turn over operation of all
293	or any portion of said water system within the City of North
294	Port jurisdictional boundaries to the City of North Port.
295	3.  As to that portion of the district located within the
296	unincorporated area and outside of the Englewood Water District
297	service area, the district shall agree, at the request of the
298	Board of County Commissioners of Sarasota County or its
299	designee, subject to a utility developer's agreement with
300	Sarasota County (neither party's consent to said developer's
301	agreement shall be unreasonably withheld), to donate and turn
302	over operation of all or any portion of said water system within
303	the unincorporated area to Sarasota County.
304	4.  As to that portion of the district located within the
305	Englewood Water District service area, the district shall, at
306	the request of the Board of the Englewood Water District or its
307	designee, subject to an interlocal agreement or other
308	appropriate agreement with the Englewood Water District (neither
309	party's consent to said developer's agreement shall be
310	arbitrarily or unreasonably withheld), donate and turn over
311	operation of all or any portion of said water system within the
312	Englewood Water District service area to the Englewood Water
313	District.
314	(m)1.  To finance, plan (as to that portion of the district
315	located within the City of North Port jurisdictional boundaries,
316	consistent with City of North Port Comprehensive Plan and
317	implementing ordinances, studies, and plans; as to that portion
318	of the district located within the unincorporated area,
319	consistent with the Sarasota County Comprehensive Plan and
320	implementing ordinances, studies, and plans; and as to that
321	portion of the district located within the Englewood Water
322	District service area, consistent with the Englewood Water
323	District's adopted studies and plans), design, acquire,
324	construct, install, operate, set, and charge by resolution
325	access, user, or connection fees and charges, equip, upgrade,
326	replace, extend, renovate, and maintain sewer systems, plus
327	appurtenances, for the collection, disposal, and reuse of
328	effluent, waste, residue, or other byproducts of such system,
329	prevent pollution, and improve water quality; provided that the
330	exercise of such construction, operation, and fee establishment
331	powers by the district shall:
332	a.  As to that portion of the district located within the
333	City of North Port jurisdictional boundaries, require the prior
334	approval of the City of North Port Commission or its designee;
335	b.  As to that portion of the district located within the
336	unincorporated area, require the prior approval of the Board of
337	County Commissioners of Sarasota County or its designee; and
338	c.  As to that portion of the district located within the
339	Englewood Water District service area, require the prior
340	approval of the Board of the Englewood Water District or its
341	designee.
342	2.  As to that portion of the district located within the
343	City of North Port jurisdictional boundaries, and further that
344	the district shall agree, at the request of the City of North
345	Port Commission or its designee, subject to a utility
346	developer's agreement with the City of North Port (neither
347	party's consent to said developer's agreement shall be
348	unreasonably withheld), to donate and turn over operation of all
349	or any portion of said wastewater system within the City of
350	North Port jurisdictional boundaries to the City of North Port.
351	3.  As to that portion of the district located within the
352	unincorporated area and outside of the Englewood Water District
353	service area, the district shall agree, at the request of the
354	Board of County Commissioners of Sarasota County or its
355	designee, subject to a utility developer's agreement with
356	Sarasota County (neither party's consent to said developer's
357	agreement shall be unreasonably withheld), to donate and turn
358	over operation of all or any portion of said wastewater system
359	within the unincorporated area to Sarasota County.
360	4.  As to that portion of the district located within the
361	Englewood Water District service area, the district shall, at
362	the request of the Board of the Englewood Water District or its
363	designee, subject to an interlocal agreement or other
364	appropriate agreement with the Englewood Water District (neither
365	party's consent to said developer's agreement shall be
366	arbitrarily or unreasonably withheld), donate and turn over
367	operation of all or any portion of said wastewater system within
368	the Englewood Water District service area to the Englewood Water
369	District.
370	(n)  To finance, plan (if not inconsistent with other
371	responsible agencies or authorities), design, acquire,
372	construct, install, operate, equip, upgrade, replace, extend,
373	renovate, and maintain improvements and facilities for and take
374	measures to control mosquitoes or other insects and arthropods
375	of public health importance.
376	(o)  To finance, plan (as to that portion of the district
377	located within the City of North Port jurisdictional boundaries,
378	consistent with City of North Port Comprehensive Plan and
379	implementing ordinances, studies, and plans; and, as to that
380	portion of the district located within the unincorporated area,
381	consistent with the Sarasota County Comprehensive Plan and
382	implementing ordinances, studies, and plans), design, acquire,
383	construct, install, operate, equip, upgrade, replace, extend,
384	renovate, and maintain lands, works, systems, landscaping, and
385	facilities for preservation areas, conservation areas,
386	environmental areas, mitigation areas, and wildlife habitat or
387	sanctuaries, including the maintenance of any plant or animal
388	species, and any related interest in real or personal property.
389	The district shall allow the City of North Port access to all
390	such improvements within the City of North Port jurisdictional
391	boundaries and shall allow access by the public when
392	appropriate. The district shall allow Sarasota County access to
393	all such improvements within the unincorporated area of the
394	district and shall allow access by the public when appropriate.
395	(p)  To finance, plan (as to that portion of the district
396	located within the City of North Port jurisdictional boundaries,
397	consistent with City of North Port Comprehensive Plan and
398	implementing ordinances, studies, and plans; and, as to that
399	portion of the district located within the unincorporated area,
400	consistent with the Sarasota County Comprehensive Plan and
401	implementing ordinances, studies, and plans), design, acquire,
402	construct, install, operate, equip, upgrade, replace, extend,
403	renovate, and maintain additional systems and facilities for
404	school buildings and related structures which may be donated to
405	a public school district, subject to a developer's agreement
406	(neither party's consent to said developer's agreement shall be
407	unreasonably withheld), for use in the educational system;
408	provided that donation of any land and the exercise of such
409	construction powers by the district shall require the prior
410	approval of the School Board of Sarasota County and either:
411	1.  As to that portion of the district located within the
412	City of North Port jurisdictional boundaries, the City of North
413	Port City Commission or its designee; or
414	2.  As to that portion of the district located within the
415	unincorporated area, the Board of County Commissioners of
416	Sarasota County or its designee.
417	(q)  To levy non-ad valorem assessments; prescribe, fix,
418	establish, and collect rates, fees, rentals, fares, or other
419	charges, and to revise the same from time to time, for property,
420	facilities, and services made available, furnished, or to be
421	furnished by the district; and to recover the cost of making or
422	authorizing the connection to any district facility or system or
423	installing works or improvements on or within district property
424	interests. However, no rates, fares, charges, or fees shall be
425	established until after a public hearing of the board at the
426	district at which all affected persons shall be given an
427	opportunity to be heard.
428	(r)  To provide for the discontinuance of service and
429	reasonable penalties, including reasonable attorney's fees,
430	against any user or property for any such rates, fees, rentals,
431	fares, or other charges that become delinquent and require
432	collection.
433	(s)  To enter into agreements with any person, firm,
434	entity, partnership, or corporation (public, private, or
435	governmental) for the furnishing by such person, firm, entity,
436	partnership, or corporation of any facilities and services of
437	the type provided for, authorized, or necessarily implied as
438	being authorized in this act.
439	(t)  To borrow money and issue negotiable or other bonds of
440	said district as hereinafter provided; and to borrow money, from
441	time to time, and issue negotiable or other notes of said
442	district therefore, bearing interest at not exceeding the
443	maximum interest allowable by law, in anticipation of the
444	collection of levies, fees, penalties, charges, fares, and
445	assessments or revenues of said district, and to pledge or
446	hypothecate such non-ad valorem assessments, levies,
447	assessments, and revenues to secure such bonds, notes, or
448	obligations, and to sell, discount, negotiate, and dispose of
449	the same.
450	(u)  To provide for safety enhancements, including, but not
451	limited to, security, guardhouses, fences, and gates, and
452	electronic intrusion detection systems; except that the district
453	shall not be authorized or empowered to exercise any police
454	power, but may contract with the appropriate local general
455	purpose government agencies for an increased level of such
456	service. Notwithstanding anything to the contrary, nothing
457	herein shall allow the district to limit the level of law
458	enforcement provided by federal, state, or local governmental
459	agencies.
460	(v)  To provide, at the request of local general purpose
461	governments consistent with the plans of the local general
462	purpose government, systems and facilities for fire prevention
463	and control and emergency medical services, including the
464	construction or purchase of fire stations, water mains and
465	plugs, fire trucks, and other vehicles and equipment consistent
466	with any adopted local general purpose government ordinances,
467	rules, or regulations. and, further, that The district shall
468	agree:
469	1.  As to that portion of the district located within the
470	City of North Port jurisdictional boundaries, at the request of
471	the local general purpose government, subject to a developer's
472	agreement with the City of North Port (neither party's consent
473	to said developer's agreement shall be unreasonably withheld),
474	to donate and turn over operation of all or any portion of said
475	facilities within the City of North Port jurisdictional
476	boundaries to the City of North Port; and
477	2.  As to that portion of the district located within the
478	unincorporated area, subject to a developer's agreement with
479	Sarasota County (neither party's consent to said developer's
480	agreement shall be unreasonably withheld), to donate and turn
481	over operation of all or any portion of said facilities within
482	the unincorporated area to Sarasota County local general purpose
483	government.
484	(w)  To submit for and obtain permits, plus make and enter
485	into contracts and agreements as are necessary or incidental to
486	the performance of the duties imposed and the execution of the
487	powers granted under this act, and to employ such consulting and
488	other engineers, superintendents, managers, administrators,
489	construction and financial experts, attorneys, and such
490	employees and agents as may, in the judgment of the district, be
491	necessary, and to fix their compensation.
492	(x)  To require any individual or entity desiring to
493	construct any structure in, over, under, upon, or occupying real
494	district property interests or rights-of-way owned by the
495	district right-of-way or connecting to or utilizing the works of
496	the district to first obtain written authorization from the
497	district and, as appropriate, either the City of North Port as
498	to that portion of the district located within the City of North
499	Port jurisdictional boundaries or Sarasota County as to that
500	portion of the district located within the unincorporated area
501	comply with all City of North Port and district plans, rules,
502	regulations, policies, and specifications, provided that said
503	written authorization shall be issued upon a demonstration that
504	the applicant has complied compliance with such Sarasota County,
505	applicable City of North Port, or and district plans, rules,
506	regulations, policies, and specifications as may be applicable.
507	The board of supervisors shall be permitted the discretion to
508	deny or revoke any written authorization or application for same
509	if they find that the matter for which the authorization is
510	sought or granted does not comply with such Sarasota County, the
511	City of North Port, or and district plans, rules, regulations,
512	or policies, and specifications as may be applicable. All fees
513	and costs, including construction, review, inspection, copying,
514	engineering, legal, and administrative expenses of the district,
515	shall be paid by the applicant seeking the authorization. Any
516	such district written authorization shall not be deemed or
517	construed as being an alternative to or in place of the
518	applicant's obligation to also obtain all other governmental
519	building and construction permits and approvals. With regard to
520	that portion of the district located within the City of North
521	Port jurisdictional boundaries, any conflict between City of
522	North Port and district plans, rules, regulations, policies, and
523	specifications shall be resolved in favor of the City of North
524	Port. With regard to that portion of the district located within
525	the unincorporated area, any conflict between Sarasota County
526	and district plans, rules, regulations, policies, and
527	specifications shall be resolved in favor of Sarasota County.
528	(y)  To include in a plan of improvements, the engineer's
529	report, or the authorizing and implementing documents under
530	chapter 170, Florida Statutes, which shall include, but are not
531	limited to, all applicable resolutions, assessment maps, and/or
532	assessment rolls (the "chapter 170 authorizing documents"), all
533	or one or more of the various powers and functions, including
534	individual parts or components thereof, of the district or any
535	combination of same and to construct and finance said individual
536	or combination of such powers and functions, including
537	individual parts or components thereof. It is the intent of this
538	section that a plan of improvements, the engineer's report, or
539	chapter 170 authorizing documents may provide for a single
540	benefit to the land authorized by the laws pertaining to the
541	district or one or more of all of said benefits or combination
542	thereof as long as there are benefits accruing to the land.
543	(z)  To provide in a plan of improvements, the engineer's
544	report, or chapter 170 authorizing documents that in assessing
545	the benefits and damages to be incurred by lands of the district
546	from the implementation, provision, or construction of a plan of
547	improvements or improvements or services pursuant to chapter 170
548	authorizing documents, the varying types of existing or proposed
549	land uses of the land within the unit or affected by such
550	construction or implementation, as the case may be, may be
551	considered and be entitled to so assess the benefits and
552	damages. The district may levy non-ad valorem assessments based
553	upon the benefits assessed in such manner, taking into account
554	the varying existing or proposed land uses of the land affected
555	by such construction as shall provide for the equitable
556	apportionment of such assessments. Such assessments may be
557	levied on the basis of lots, units, acreage, parcels, equivalent
558	connection, or uses or as otherwise set forth in the engineer's
559	report or in the chapter 170 authorizing documents.
560	(aa)  To establish and create such departments, committees,
561	boards, or other agencies, including a public relations
562	committee, as from time to time the board of supervisors may
563	deem necessary or desirable in the performance of the acts or
564	other things necessary to the exercise of the powers provided in
565	this act, and to delegate to such departments, committees,
566	boards, or other agencies such administrative duties and other
567	powers as the board of supervisors may deem necessary and to
568	exercise all other powers necessary convenient or proper in
569	connection with any of the powers or duties of said district
570	stated in this act by and through the board of supervisors.
571	Notwithstanding anything contained herein:
572	1.  As to that portion of the district located within the
573	City of North Port jurisdictional boundaries, no such
574	departments, committees, boards, or other agencies shall have
575	the power or authority to supersede any powers or authorities of
576	the City of North Port; and
577	2.  As to that portion of the district located within the
578	unincorporated area, no such departments, committees, boards, or
579	other agencies shall have the power or authority to supersede
580	any powers or authorities of Sarasota County.
581	(bb)  Notwithstanding any authority contained within this
582	section:
583	1.  As to that portion of the district located within the
584	City of North Port jurisdictional boundaries, the development,
585	operation, or maintenance of any district facilities or services
586	shall comply with the adopted comprehensive plan, unified land
587	development code, zoning code, and any other city codes and
588	ordinances of the City of North Port; and
589	2.  As to that portion of the district located within the
590	unincorporated area, the development, operation, or maintenance
591	of any district facilities or services shall comply with the
592	adopted comprehensive plan, land development regulations, zoning
593	code, and any other codes and ordinances of Sarasota County.
594	(cc)  To establish, or otherwise make available, a plan for
595	retirement, disability, dental, death, hospitalization, and
596	other appropriate benefits for employees of the district.
597	(dd)  To invest surplus funds of the district consistent
598	with the Investment of Local Government Surplus Funds Act, part
599	IV, chapter 218, Florida Statutes.
600	(ee)  As to that portion of the district located within the
601	City of North Port jurisdictional boundaries, to submit to the
602	City of North Port the plan of improvement for major government
603	infrastructure capital elements that may eventually be dedicated
604	or donated to the City of North Port so that the city can rely
605	on and incorporate said plan of improvement into the city's
606	Capital Improvement Plan; and, as to that portion of the
607	district located within the unincorporated area, to submit to
608	Sarasota County the plan of improvement for major government
609	infrastructure capital elements that may eventually be dedicated
610	or donated to Sarasota County so that the county can rely on and
611	incorporate said plan of improvement into the county's Capital
612	Improvement Plan.
613	(ff)  To apply for, obtain, and utilize any grants from
614	other entities consistent with the powers of the district;
615	provided, however, that:
616	1.  As to that portion of the district located within the
617	City of North Port jurisdictional boundaries, the district shall
618	coordinate with and obtain timely authorization from the City of
619	North Port Commission or its designee prior to the submittal of
620	any grant application; and
621	2.  As to that portion of the district located within the
622	unincorporated area, the district shall coordinate with and
623	obtain timely authorization from the Board of County
624	Commissioners of Sarasota County or its designee prior to the
625	submittal of any grant application.
626	(gg)  Following methodology consistent with Sarasota the
627	county's concurrency management regulations, and notwithstanding
628	any authority contained within this section, the district shall
629	not construct any improvements within that portion of the
630	district located within the City of North Port jurisdictional
631	boundaries, pursuant to any municipal development order, where
632	that development would cause the level of service on any
633	concurrency regulated facility in unincorporated Sarasota County
634	to drop below the level of service adopted as of the effective
635	date of this act, or subsequently reduced level of service, in
636	the Sarasota County Comprehensive Plan pursuant to chapter 163,
637	Florida Statutes, without paying its fair share contribution to
638	improving that facility, and Sarasota County shall have the
639	right under section 163.3215, Florida Statutes, to contest any
640	such municipal development order on the basis that it fails to
641	require the district to pay its fair share contribution. The
642	fair share contribution shall include both the contribution to
643	the county from the fair share collected by the City of North
644	Port pursuant to the county's impact fee ordinance and
645	interlocal agreements between Sarasota County and the City of
646	North Port, as well as direct contributions made to the county
647	by the district. Nothing contained herein shall be construed as
648	limiting the obligations of the district or property owners
649	therein as set forth in Florida Statutes and applicable rules.
650	Any fair share contribution required to address the impact of
651	development within that portion of the district located in
652	unincorporated Sarasota County shall be governed by the laws and
653	ordinances of Sarasota County.
654	(hh)  The district shall have the power to collect fair
655	share contributions from Sarasota County should Sarasota County
656	approve any development order in unincorporated Sarasota County
657	that creates impacts to concurrency regulated facilities within
658	the district, which would cause the level of service on any
659	concurrency regulated facility in the district within the City
660	of North Port jurisdictional boundaries to drop below the level
661	of service adopted by the City of North Port for such facility
662	as of the effective date of this act, or subsequently reduced
663	level of service.
664	(3)  To include in a plan of improvements, the engineer's
665	report, chapter 170 authorizing documents, or otherwise provide,
666	for the exercise of the district's powers, services, facilities,
667	and improvements beyond the territorial boundaries of the
668	district, when necessary and appropriate in order to provide a
669	benefit on behalf of lands located within the district and
670	pursuant to an approved plan of improvements or chapter 170
671	authorizing documents. Any such construction must be in
672	accordance with the city's master plans and requirements. Any
673	such construction within unincorporated Sarasota County must be
674	in accordance with the county's comprehensive plan, master
675	plans, and thoroughfare plan. The West Villages Improvement
676	district shall cooperate and coordinate its activities with the
677	units of general-purpose local government in which it is
678	located, including the City of North Port and Sarasota County.
679	Prior to exercising any of the district powers, functions, or
680	duties relative to infrastructure planning, programming, or
681	construction within that portion of the district located in
682	unincorporated Sarasota County, the district shall enter into an
683	interlocal agreement with Sarasota County, which agreement shall
684	specify the process for the district to coordinate its
685	infrastructure planning, programming, and construction
686	activities with Sarasota County and include a means to
687	coordinate infrastructure planning and programming between the
688	parties. Neither the district nor Sarasota County shall
689	arbitrarily or unreasonably withhold or delay its approval and
690	execution of such interlocal agreement. The district is
691	authorized to enter into interlocal agreements with the City of
692	North Port, Sarasota County, the Englewood Water District, or
693	any other units of government. Whenever the district intends to
694	utilize its powers to construct or cause to be constructed
695	infrastructure projects or programs within the district, the
696	district shall provide copies of all plans and infrastructure
697	permit applications to the Sarasota County Planning Director and
698	Development Services Business Center at such time as the
699	district submits such plans or permit applications to the City
700	of North Port or other permitting authority but in any event no
701	less than 30 days before the City of North Port or other
702	permitting authority issues permits for those projects. The
703	district shall allow the county 20 days from submittal to the
704	county to comment on those plans and permit applications, but as
705	to construction or improvements that are not within
706	unincorporated Sarasota County, the county's approval is not
707	required for the district to proceed with the project. Sarasota
708	County shall not unduly interfere with the district's exercise
709	of its powers conferred by this act.
710	Section 4.  Board of supervisors; election, organization,
711	powers, duties, and terms of office.--
712	(1)  There is hereby created a Board of Supervisors of the
713	West Villages Improvement District, which shall be the governing
714	body of said district.
715	(2)  Said board of supervisors shall consist of five
716	persons who, except as herein otherwise provided, shall each
717	hold office for terms of 4 years each and until their successors
718	shall be duly elected and qualified.
719	(3)  The first board of supervisors of the district shall
720	be composed of five persons, two of whom shall hold office for 4
721	years, one of whom shall hold office for 3 years, one of whom
722	shall hold office for 2 years, and one of whom shall hold office
723	for 1 year, which terms shall terminate in June of their
724	applicable final year. Within 120 days after this act becomes a
725	law, a special meeting of landowners of the West Villages
726	Improvement District shall be held for the purpose of electing
727	the first board of supervisors for the West Villages Improvement
728	District as herein provided. Notice of such special meeting of
729	landowners shall be given by causing publication thereof to be
730	made once a week for 2 consecutive weeks prior to such meeting
731	in the newspaper of general paid circulation in which that the
732	City of North Port publishes notices of city meetings, and prior
733	to the meeting, provision of 2 weeks' weeks advance written
734	notice shall be provided to the City of North Port City Manager,
735	including the agenda and any backup material. Such special
736	meeting of landowners shall be held in a public place in the
737	City of North Port, and the place, date, and hour of holding
738	such meeting and the purpose thereof shall be stated in the
739	notice. The landowners when assembled shall organize by electing
740	a chair who shall preside at the meeting and a vice chair,
741	secretary, and treasurer. At such meeting, each and every acre,
742	or any fraction thereof, of land in the district shall represent
743	one vote and each owner shall be entitled to one vote in person
744	or by written proxy for every acre of land, or any fraction
745	thereof, owned by such owner in the district. Candidates must be
746	citizens of the United States and shall be nominated prior to
747	commencement of the initial election. The landowners shall first
748	vote for the 2 supervisors who are to hold office for the 2
749	seats with an initial term of 4 years as herein provided, and
750	the persons receiving the highest and next highest number of
751	votes for such supervisor offices shall be declared and elected
752	as the supervisors for said 2 seats. The landowners shall next
753	vote for the supervisor who is to hold office for that seat with
754	a term of 3 years as provided herein, and the person receiving
755	the highest number of votes for such supervisor shall be
756	declared and elected as such supervisor for said seat. Said
757	landowners shall continue to so vote for each remaining seat
758	until the supervisor who is to hold office for the term of 1
759	year as herein provided is elected for said seat. The landowners
760	present or voting by proxy at the meeting shall constitute a
761	quorum.
762	(4)  Each year during the month of June, beginning with
763	June of the second year following the first election, a
764	supervisor shall be elected, as hereinafter provided, by the
765	landowners of said district to take the place of the retiring
766	supervisor. All vacancies or expirations on said board shall be
767	filled as provided by this act. All supervisors of the district
768	shall be citizens of the United States. Following the initial
769	election of supervisors in order to be eligible for election, a
770	candidate for an office of supervisor shall be required to file
771	a written notice of intention to be a candidate in said office
772	of the district at least 30 calendar days but not earlier than
773	90 calendar days before but not including the day of the annual
774	meeting of the landowners. In case of a vacancy in the office of
775	any supervisor, the remaining supervisors within 90 calendar
776	days of the vacancy shall fill such vacancy until the expiration
777	of that seat's outstanding term when a successor shall be
778	elected by the landowners. If, on or before January 1 of any
779	calendar year, there are 6,000 owners of real property in that
780	portion of the district located within the City of North Port
781	that are registered voters in the City of North Port, at least
782	one supervisor elected at the next regularly scheduled election
783	shall be a resident of and owner of real property in that
784	portion of the district located within the City of North Port.
785	If, on or before January 1 of any calendar year, there are 3,000
786	owners of real property in that portion of the district located
787	within the unincorporated area of Sarasota County that are
788	registered voters of Sarasota County, at least one supervisor
789	elected at the next regularly scheduled election shall be a
790	resident of and owner of real property in that portion of the
791	district located within unincorporated Sarasota County.
792	(5)  As soon as practicable after their election and the
793	taking of oaths of office, the board of supervisors of the
794	district shall organize by choosing a chair and vice chair of
795	the board of supervisors and by electing some suitable persons
796	secretary and treasurer, who may or may not be members of the
797	board. The board of supervisors shall adopt a seal which shall
798	be the seal of the district.
799	(6)  Each supervisor shall hold office until his or her
800	successor shall be elected and qualified. Whenever any election
801	shall be authorized or required by this act to be held by the
802	landowners at any particular or stated time or day, and if for
803	any reason such election shall not or cannot be held at such
804	time or on such day, then in such event and in all and every
805	such event, the power or duty to hold such election shall not
806	cease or lapse, but such election shall be held thereafter as
807	soon as practicable and consistent with this act.
808	(7)  The supervisors shall not receive any compensation for
809	their services.
810	Section 5.  Meetings of landowners.--
811	(1)  Each year during the month of June, a meeting of the
812	landowners of the district shall be held, when necessary, for
813	the purpose of electing a supervisor and hearing reports of the
814	board of supervisors and considering any matters upon which the
815	board of supervisors may request the advice and views of the
816	landowners. The board of supervisors shall have the power to
817	call special meetings of the landowners at any time to consider
818	and act upon any matter upon which the board of supervisors may
819	request action, direction, or advice. Notice of all meetings of
820	the landowners shall be given by the board of supervisors by
821	causing publication thereof to be made for 2 consecutive weeks
822	prior to such meeting in the newspaper of general paid
823	circulation in which that the City of North Port publishes
824	notices of city meetings and in a newspaper of general paid
825	circulation in which Sarasota County publishes notices of its
826	board meetings, and prior to the meeting, provision of 2 weeks'
827	weeks advance written notice shall be provided to the City of
828	North Port City Manager and the Sarasota County Administrator,
829	or their designees, regarding any matters affecting that portion
830	of the district located within the City of North Port
831	jurisdictional boundaries or the unincorporated area,
832	respectively, including the agenda and any backup material. The
833	meetings of the landowners shall be held in a public place in
834	the City of North Port, and the place, day, and hour of holding
835	such meetings shall be stated in the notice. The landowners when
836	assembled shall organize by electing a chair who shall preside
837	at the meeting. The secretary of the board of supervisors shall
838	be the secretary of such meeting. At all such meetings each and
839	every acre, or any fraction thereof, of land in the district
840	shall represent one vote, and each owner shall be entitled to
841	one vote in person or by written proxy for every acre, or any
842	fraction thereof, of land owned by such owner in the district.
843	The eligible person receiving the highest number of votes for a
844	supervisor position shall be declared and elected as such
845	supervisor. Those landowners present or voting by proxy at the
846	meeting, including the initial meeting, shall constitute a
847	quorum at any meeting of the landowners.
848	(2)  Guardians may represent their wards, and personal
849	representatives may represent the estates of deceased persons.
850	Trustees may represent lands by them in trust, and private and
851	municipal corporations may be represented by their officers or
852	duly authorized agents. Guardians, personal representatives,
853	trustees, and corporations may vote by proxy.
854	Section 10.  Bonds may be issued, sale and disposition of
855	proceeds; interest; levy to pay bonds; bonds and duties of
856	treasurer.--
857	(2)  Provided that any and all loans or bonds of the
858	district are non-recourse as to the City of North Port and
859	Sarasota County, the board of supervisors may issue bonds not to
860	exceed 90 percent of the total amount of the non-ad valorem
861	assessments levied under the provisions of section 298.305,
862	Florida Statutes, or equal to the total amount levied under
863	chapter 170, Florida Statutes, bearing interest from date at a
864	rate not to exceed the statutory lawful maximum per annum,
865	payable annually or semiannually, to mature at annual intervals
866	within 40 years commencing after a period of not later than 10
867	years, to be determined by the board of supervisors, with both
868	principal and interest payable at some convenient place
869	designated by the board of supervisors to be named in said
870	bonds, which bonds shall be signed by the chair of the board of
871	supervisors, attested with the seal of the district and by the
872	signature of the secretary of the board. All of said bonds shall
873	be executed and delivered to the district or its agent, which
874	shall sell the same in such quantities and at such dates as the
875	board of supervisors may deem necessary to meet the payments for
876	the works, services, and improvements in and of the district. A
877	sufficient amount of the non-ad valorem assessment shall be
878	appropriated by the board of supervisors for the purpose of
879	paying the principal, premium, if any, and interest of said
880	bonds, and the same shall, when collected, be preserved in a
881	separate fund for that purpose and no other. All bonds not paid
882	at maturity shall bear interest at a rate of not to exceed the
883	statutory lawful maximum per annum from maturity until paid, or
884	until sufficient funds have been deposited at the place of
885	payment, and said interest shall be appropriated by the board of
886	supervisors out of the penalties and interest collected on
887	delinquent assessments or other available funds of the district.
888	Provided, however, that it may, in the discretion of said board,
889	be provided that at any time, after such date as shall be fixed
890	by the said board, said bonds may be redeemed before maturity at
891	the option of said board, or their successors in office, by
892	being made callable prior to maturity at such times and upon
893	such prices and terms and other conditions as said board shall
894	determine. If any bond so issued subject to redemption before
895	maturity shall not be presented when called for redemption, it
896	shall cease to bear interest from and after the date so fixed
897	for redemption.
898	Section 11.  Unit development; powers of supervisors to
899	designate units of development and adopt systems of progressive
900	development by units; plan of improvements and financing
901	assessments, for each unit.--
902	(1)  Upon written petition signed by the owners of 51
903	percent of the acreage in any area, the board of supervisors of
904	the district shall have the power and is hereby authorized in
905	its discretion to exercise such powers authorized in this act,
906	the lands in said designated area or part of the district to be
907	called a "unit." The units into which said district may be so
908	divided shall be given appropriate numbers or names by said
909	board of supervisors, so that said units may be readily
910	identified and distinguished. The board of supervisors shall
911	have the power to fix and determine the location, area, and
912	boundaries of and lands to be included in each and all such
913	units with the consent of the owners of 51 percent of the
914	acreage in any area, and the method of carrying on the work in
915	each unit. If the board of supervisors shall determine that it
916	is advisable to conduct the work of the district by units, as
917	authorized by this section, said board shall, by resolution duly
918	adopted and entered upon its minutes, declare its purpose to
919	conduct such work accordingly and, upon petition of the owners
920	of 51 percent of the acreage in any area, shall at the same time
921	and manner fix the number, location, and boundaries of and
922	description of lands within such unit or units and give
923	appropriate numbers or names, which unit or units may overlay or
924	overlap one or more other units. As soon as practicable after
925	the adoption and recording of a resolution as to any unit, said
926	board of supervisors shall publish a notice once a week for 2
927	consecutive weeks in the newspaper of general paid circulation
928	in which that the City of North Port publishes notices of city
929	meetings and in a newspaper of general paid circulation in which
930	Sarasota County publishes notices of its board meetings, and by
931	provision of 2 weeks advance written notice to the City of North
932	Port City Manager, briefly describing the unit or units into
933	which the district has been divided and the lands embraced in
934	each unit, giving the name, number, or other designation of such
935	units, requiring all owners of lands in the district to show
936	cause in writing before said board of supervisors at a time and
937	place to be stated in such notice why such division of said
938	district into such unit or units should not be approved, and why
939	the proceedings and powers authorized by this section of this
940	act should not be had, taken, and exercised. Two weeks' advance
941	written notice of the board's intent to establish said unit or
942	units shall also be provided:
943	(a)  To the City of North Port City Manager or his or her
944	designee as to that portion of the district located within the
945	City of North Port jurisdictional boundaries; or
946	(b)  To the Sarasota County Administrator or his or her
947	designee as to that portion of the district located within the
948	unincorporated area.
949
950	At the time and place stated in said notice, said board of
951	supervisors shall hear all objections or causes of objection,
952	all of which shall be in writing, of any landowner in the
953	district to the matters mentioned and referred to in such
954	notice, and if no objections are made, or if said objections, if
955	made, shall be overruled by said board, then said board shall
956	enter in its minutes its finding and order confirming said
957	resolution and may thereafter proceed with the development of
958	the district by unit or units pursuant to such resolution and to
959	the provisions of this act. If, however, said board of
960	supervisors shall find as a result of such objections, or any of
961	them, or the hearing thereon, that the division of the district
962	into such unit or units as aforesaid should not be approved, or
963	that the proceedings and powers authorized by this section of
964	this act should not be had, taken, or exercised, or that any
965	other matter or thing embraced in said resolution would not be
966	in the best interest of the landowners of said unit or units or
967	would be unjust or unfair to any landowner therein or otherwise
968	inconsistent with fair and equal protection and enforcement of
969	the rights of every landowner in said unit or units, then the
970	board of supervisors shall not proceed further under such
971	resolution, but said board of supervisors may, as a result of
972	such hearing, modify or amend said resolution so as to meet such
973	objections so made, and thereupon said board may confirm said
974	resolution as so modified or amended and may thereafter proceed
975	accordingly. If said board of supervisors shall overrule or
976	refuse to sustain any such objections in whole or in part made
977	by any landowner in the district, or if any such landowner shall
978	deem himself or herself aggrieved by any action of the board of
979	supervisors in respect to any objections so filed, such
980	landowner may, within 10 days after the ruling of said board,
981	file his or her complaint in the Circuit Court for Sarasota
982	County, against said district, praying an injunction or other
983	appropriate relief against the action or any part of such action
984	proposed by such resolution or resolutions of said board, and
985	such suits shall be conducted like other suits, except that said
986	suits shall have preference over all other pending actions
987	except criminal actions and writs of habeas corpus. Upon the
988	hearing of said cause, the circuit court shall have the power to
989	hear the objections and receive the evidence thereon of all
990	parties to such cause and approve or disapprove said resolutions
991	and action of the board in whole or in part, and to render such
992	decree in such cause as right and justice require.
993	(2)  When said resolutions creating said unit or units
994	shall be confirmed by the board of supervisors (or by the
995	Circuit Court for Sarasota County, if such proposed action shall
996	be challenged by a landowner by the judicial proceedings
997	hereinabove authorized), the board of supervisors may adopt a
998	plan of improvements or chapter 170 authorizing documents for
999	and in respect to any or all such units, and to have the
1000	benefits and damages resulting therefrom assessed and
1001	apportioned as is provided by law in regard to a plan of
1002	improvements or chapter 170 authorizing documents for and
1003	assessments for benefits and damages of the entire district.
1004	With respect to the plan of improvements, notices, appointment
1005	of engineer to prepare a report assessing the benefits and
1006	damages, the engineer's report and notice and confirmation
1007	thereof, the levy of assessments, including maintenance
1008	assessments, the issuance of bonds, the exercise or use of
1009	chapter 170, Florida Statutes, proceedings and all other
1010	proceedings as to each and all of such units, said board shall
1011	follow and comply with the same procedure as is provided by law
1012	with respect to the entire district; and said board of
1013	supervisors shall have the same powers in respect to each and
1014	all of such units as is vested in them with respect to the
1015	entire district. All the provisions of this act shall apply to
1016	the improvement of each, any, and all of such units, and the
1017	enumeration of or reference to specific powers or duties of the
1018	supervisors or any other officers or other matters in this act
1019	as hereinabove set forth, shall not limit or restrict the
1020	application of any and all of the proceedings and powers herein
1021	for such units as fully and completely as if such unit or units
1022	were specifically and expressly named in every section and
1023	clause of this act where the entire district is mentioned or
1024	referred to. All assessments, levies, bonds, and other
1025	obligations made, levied, assessed, or issued for or in respect
1026	to any such unit or units shall be a lien and charge solely and
1027	only upon the lands in such unit or units, respectively, for the
1028	benefit of which the same shall be levied, made, or issued, and
1029	not upon the remaining units or lands in the district. The board
1030	of supervisors, upon an affirmative vote of a simple majority of
1031	qualified electors, as defined in chapter 189, Florida Statutes,
1032	within said unit voting in a referendum, or upon approval of the
1033	landowners of 51 percent of the acreage in said unit if there
1034	are no residents in said unit, may at any time amend its
1035	resolutions by changing the location and description of lands in
1036	any such unit or units and provided, further, that if the
1037	location or description of lands located in any such unit or
1038	units is so changed, notice of such change shall be published as
1039	hereinabove required in this section for notice of the formation
1040	or organization of such unit or units; provided, however, that
1041	no lands against which benefits shall have been assessed may be
1042	detached from any such unit after the final adoption of the
1043	engineer's report of benefits or chapter 170 authorizing
1044	document, in such unit or units or the issuance of bonds or
1045	other obligations which are payable from assessments for
1046	benefits levied upon the lands within such unit or units.
1047	(3)  Provided, however, that if, after adoption of the
1048	engineer's report of benefits chapter 170, authorizing document,
1049	in such unit or units, or the issuance of bonds or other
1050	obligations which are payable from assessments for benefits
1051	levied upon lands within such unit or units, the board of
1052	supervisors finds the plan of improvements, the engineer's
1053	report, or chapter 170 authorizing documents for any such unit
1054	or units insufficient or inadequate for efficient development,
1055	same may be amended or changed as provided in this act, chapter
1056	170 or chapter 298, Florida Statutes, and the unit or units may
1057	be amended or changed as provided in this section, by changing
1058	the location and description of lands in any such unit or units,
1059	by detaching lands therefrom or by adding land thereto, upon the
1060	approval of at least 51 percent of the landowners according to
1061	acreage, in any such unit, and provided that in such event all
1062	assessments, levies, fees, bonds, and other obligations made,
1063	levied, assessed, incurred, or issued for or in respect to any
1064	such unit or units may be allocated and apportioned to the
1065	amended unit or units in proportion to the benefits assessed by
1066	the engineer's report, for the amended plan of improvements and
1067	said report shall specifically provide for such allocation and
1068	apportionment. The landowners shall file their approval of or
1069	objections to such amended plan of improvements within the time
1070	provided in section 298.301, Florida Statutes, or, when used
1071	such applicable deadline provision, if any, of chapter 170,
1072	Florida Statutes, and shall file their approval of or objections
1073	to the amendment of such unit as provided in this section.
1074	(4)  No assessable lands shall be detached from any unit
1075	after the issuance of bonds or other obligations for such unit
1076	except upon the consent of a majority the holders, based on face
1077	value of the outstanding bonds, of such bonds or other
1078	obligations. In the event of the change of the boundaries of any
1079	unit as provided herein and the allocation and apportionment to
1080	the amended unit or units of assessments, levies, fees, bonds,
1081	and other obligations in proportion to the benefits assessed,
1082	the holder of the bonds or other obligations heretofore issued
1083	for the original unit who consents to such allocation and
1084	apportionment shall be entitled to all rights and remedies
1085	against any lands added to the amended unit or units as fully
1086	and to the same extent as if such added lands had formed and
1087	constituted a part of the original unit or units at the time of
1088	the original issuance of such bonds or other obligations, and
1089	regardless of whether the holders of such bonds or other
1090	obligations are the original holders thereof or the holders from
1091	time to time hereafter, and the rights and remedies of such
1092	holders against the lands in the amended unit or units,
1093	including any lands added thereto, under such allocation and
1094	apportionment, shall constitute vested and irrevocable rights
1095	and remedies to the holders from time to time of such bonds or
1096	other obligations as fully and to the same extent as if such
1097	bonds or other obligations had been originally issued to finance
1098	the improvements in such amended unit or units.
1099	(5)  Upon the formation of a unit, the board is authorized
1100	to levy a one-time organizational special assessment tax per
1101	acre on the lands in a unit sufficient to prepare a plan of
1102	improvements or chapter 170 authorizing documents and have the
1103	benefits assessed as provided herein.
1104	(6)  The territorial limits of a unit may be expanded to
1105	include additional land by agreement between the district and
1106	all of the landowners of the land to be included in the unit,
1107	provided that at the time of the execution of the agreement, the
1108	additional land is contained within the jurisdictional
1109	boundaries of the district. Land included in the unit by
1110	agreement shall thereafter be subject to the payment of all
1111	assessments or fees levied by the district in the unit and shall
1112	be subject to the provisions of all laws under which the
1113	district operates. The agreement shall be in recordable form and
1114	filed in the official records.
1115	(7)  The district shall not amend any plan of improvement
1116	for any unit in which any real property has been sold to the
1117	general public at large for residential and non-commercial
1118	purposes, in such a way that said amendment results in any
1119	increase in the principal amount of debt then authorized for
1120	that unit, without an affirmative vote of a simple majority of
1121	qualified electors, as so defined in chapter 189, Florida
1122	Statutes, within said unit voting in a referendum.
1123	Section 12.  Eminent domain.--The said board of supervisors
1124	is hereby authorized and empowered, when reasonably necessary
1125	for the implementation of district authorized public
1126	infrastructure works, facilities, or services, to exercise
1127	within the district, with prior approval by resolution of the
1128	governing body of the district, and the municipality or outside
1129	the district's territorial boundaries and within the City of
1130	North Port with prior approval, by resolution, of the City of
1131	North Port City Commission, (which approval shall not be
1132	unreasonably withheld), the right and power of eminent domain,
1133	pursuant to the provisions of chapters 73 and 74, Florida
1134	Statutes, over any property within the district and the City of
1135	North Port or unincorporated Sarasota County, except municipal,
1136	county, state, and federal property, for the uses and purposes
1137	of the district relating solely to water, sewer, district roads,
1138	and water management, specifically including, without
1139	limitation, the power for the taking of easements for the
1140	drainage of the land of one person over and through the land of
1141	another; however, the exercise of any such power of eminent
1142	domain:
1143	(1)  Within the territorial boundaries of the City of North
1144	Port, whether or not within the district boundaries, shall
1145	require the prior approval, by resolution, of the City of North
1146	Port City Commission (which approval shall not be unreasonably
1147	withheld); or
1148	(2)  Within the unincorporated area, whether or not within
1149	the district boundaries, shall require the prior approval, by
1150	resolution, of the Board of County Commissioners of Sarasota
1151	County (which approval shall not be unreasonably withheld).
1152	Section 17.  Territorial boundaries.--
1153	(1)  The territorial boundaries of the district shall be as
1154	follows, to wit:
1155
1156	LANDS LOCATED IN TOWNSHIP 39 SOUTH, RANGE 20 EAST,
1157	SARASOTA COUNTY, FLORIDA:
1158
1159	That part of Section 21, lying Southwesterly of County
1160	Road No. 777 (West River Road). All that part of
1161	Section 28, lying West of County Road No. 777 (West
1162	River Road). All of Section 29, less and except the
1163	following:
1164
1165	Right-of-way for U. S. Highway No. 41 (State Road No.
1166	45). All of Section 30, less and except the following:
1167	Right-of-way for U. S. Highway No. 41 (State Road No.
1168	45); That portion conveyed to Florida Power and Light
1169	Company consisting of approximately 4.66 acres in the
1170	SW1/4 as described in Official Record Book 1036, Page
1171	802, Public Records of Sarasota County, Florida; That
1172	portion lying West of lands described in Official
1173	Record Book 1036, Page 802, South of the westerly
1174	extension of the North line of said lands described in
1175	Official Records Book 1036, Page 802, and North of the
1176	northerly Right of Way line of U.S. Highway No. 41.
1177	All of Section 31, less and except the following:
1178	Right-of-way of U. S. Highway No. 41 (State Road No.
1179	45). All of Section 32, less and except the following:
1180	Right-of-way of U. S. Highway No. 41 (State Road No.
1181	45); That portion conveyed in Official Record Book
1182	2785, Page 634 of the Public Records of Sarasota
1183	County, Florida, (Sarasota County Hospital Board);
1184	That portion conveyed in Official Record Book 1571,
1185	Page 2172 of the Public Records of Sarasota County,
1186	Florida, (Manatee Community College); Right-of-way for
1187	Pine Street Extension as recorded in Official Record
1188	Book 2536, pages 811-974 of The Public Records of
1189	Sarasota County, Florida; That portion conveyed in
1190	Official Record Book 2785, Page 641 of the Public
1191	Records of Sarasota County, Florida, (120 wide
1192	perpetual Non-Exclusive easement); That portion lying
1193	South of lands conveyed in Official Record Book 1571,
1194	Page 2172 and East of lands described in Official
1195	Record Book 2785, Page 641, Public Records of Sarasota
1196	County, Florida. That portion of Section 33, lying
1197	North of U.S. Highway No. 41 (State Road No. 45) and
1198	West of County Road #777 (West River Road); also that
1199	portion of Section 33, lying South of U.S. Highway No.
1200	41 (State Road No. 45), West of a 200 ft. wide access
1201	easement described in Official Records Book 2389, Page
1202	528, Public Records of Sarasota County, Florida, and
1203	North of lands conveyed in Official Records Book 1571,
1204	Page 2172, Public Records of Sarasota County, Florida;
1205	also that portion of Section 33, lying South of U.S.
1206	Highway No. 41 (State Road No. 45), described as
1207	follows:
1208
1209	COMMENCE at the East Quarter Corner of Section 33,
1210	Township 39 South, Range 20 East, Sarasota County
1211	Florida; thence S. 00°16'02"W., along the East line of
1212	said Section 33, a distance of 289.08 feet to a point
1213	on the Southerly Right of Way Line of U.S. Highway No.
1214	41, (State Road No. 45) per Florida Department of
1215	Transportation Right of Way Map Section 17010-2508,
1216	same being a point on a curve to the right having a
1217	radius of 3011.73 feet, a central angle of 24°58'49",
1218	a chord bearing of N. 66?51'56"W., and a chord length
1219	of 1032.71 feet; thence along the arc of said curve
1220	and said Southerly Right of Way of U.S. No. 41, an arc
1221	length of 1313.08 feet to the point of tangency of
1222	said curve; thence N. 54°22'31"W., along said
1223	southerly Right of Way, a distance of 66.57 feet to
1224	the POINT OF BEGINNING, same being the Northwest
1225	corner of Lands described in Official Records
1226	Instrument No. 1998166153, per Public Records of
1227	Sarasota County, Florida; thence along the Westerly
1228	line of said Lands described in Official Records
1229	Instrument No. 1998166153 the following three (3)
1230	courses and distances; (1) S. 35°37'26"W., a distance
1231	of 161.93 feet to the point of curvature of a curve to
1232	the right having a radius of 559.97 feet, a central
1233	angle of 29?49'56", a chord bearing of S. 50°32'24"W.,
1234	and a chord length of 288.28 feet; (2) thence along
1235	the arc of said curve an arc length of 291.56 feet to
1236	the end of said curve; (3) thence S. 00°01'27"W., a
1237	distance of 1074.23 feet; thence N. 48°24'50"W.,
1238	leaving said Westerly Line, a distance of 2914.38 feet
1239	to the Northeast corner of Lands described as Manatee
1240	Community College per Official Records Book 1571, Page
1241	2172, same being the point of curvature of a curve to
1242	the left having a radius of 4577.37 feet, a central
1243	angle of 06°20'23", a chord bearing of N. 60°40'02"W.,
1244	and a chord length of 506.22 feet; thence along the
1245	arc of said curve and Northerly Line of Lands
1246	described as Manatee Community College, an arc length
1247	of 506.48 feet to the end of said curve, same being
1248	the Southeast corner of lands described in Official
1249	Records Book 2389, Page 529, Public Records of
1250	Sarasota County, Florida; thence N. 65°18'18"E., along
1251	the Easterly Line of said lands, a distance of 188.09
1252	feet; thence continue N. 00°00'19"W., along said
1253	Easterly Line, a distance of 144.96 feet to the
1254	Northeast corner of said Lands; thence N. 65°21'46"W
1255	along the Northerly Line of said Lands, a distance of
1256	400.68 feet to the Northwest corner of said Lands,
1257	same being a point on the Easterly Line of a 200 foot
1258	wide access Easement per Official Records Book 1571,
1259	Pages 2172 through 2175 and Official Records Book
1260	2389, Pages 528 through 530, Public Records of
1261	Sarasota County, Florida; thence N. 00°30'25"E., along
1262	the Easterly Line of said 200 foot wide access
1263	Easement, a distance of 786.89 feet to the Southerly
1264	Right of Way of U.S. No. 41, same being a point on a
1265	curve to the right having a radius of 5597.58 feet, a
1266	central angle of 03?08'33", a chord bearing of S.
1267	69°13'16"E., and a chord length of 306.97 feet; thence
1268	along the arc of said curve an arc length of 307.01
1269	feet to the end of said curve; thence continue along
1270	said Southerly Right of Way Line the following
1271	fourteen (14) courses and distances; (1) S.
1272	22°19'13"W., a distance of 10.00 feet to the point of
1273	curvature of a curve to the right having a radius of
1274	5587.58 feet, a central angle of 00?45'15", a chord
1275	bearing of S. 67°16'21"E., and a chord length of 73.55
1276	feet; (2) thence along the arc of said curve an arc
1277	length of 73.55 feet; (3) thence N. 23°06'16"E., a
1278	distance of 10.00 feet to the point of curvature of a
1279	curve to the right having a radius of 5597.58 feet, a
1280	central angle of 08°17'44", a chord bearing of S.
1281	62°44'52"E., and a chord length of 809.74 feet; (4)
1282	thence along the arc of said curve an arc length of
1283	810.45 feet; (5) thence S. 31°08'57"W., a distance of
1284	10.00 feet to the point of curvature of a curve to the
1285	right having a radius of 5587.58 feet, a central angle
1286	of 00°45'12", a chord bearing of S. 58°13'22"E., and a
1287	chord length of 73.47 feet; (6) thence along the arc
1288	of said curve an arc length of 73.47 feet; (7) thence
1289	N. 32°24'25"E., a distance of 10.00 feet to the point
1290	of curvature of a curve to the right having a radius
1291	of 5597.58 feet, a central angle of 03°28'13",a chord
1292	bearing of S. 56°06'38"E., and a chord length of
1293	338.98 feet; (8) thence along the arc of said curve an
1294	arc length of 339.03 feet to the end of said curve;
1295	thence (9) S. 56°35'34"E.; a distance of 155.08 feet;
1296	(10) thence S. 54°22'31"E., a distance of 1102.52
1297	feet; (11) thence S. 51°00'40"E., a distance of 101.66
1298	feet; (12) thence S. 54°20'43"E., a distance of 199.02
1299	feet; (13) thence S. 48°43'03"E., a distance of 100.71
1300	feet; (14) thence S. 54°22'31"E., a distance of 447.75
1301	feet to the POINT OF BEGINNING.
1302
1303	That portion of the North Half of the Southwest
1304	Quarter of the Northwest Quarter of Section 34, lying
1305	West of River Road (County Road No. 777); also that
1306	portion of the Southeast Quarter of Section 34, lying
1307	West of the Myakka River, South of the South line of
1308	lands described in Official Record Instrument No.
1309	2000002794, Public Records of Sarasota County, Florida
1310	(River Road Office Park, Inc.), and easterly of the
1311	maintained right of way line of a paved road running
1312	from River Road to the South line of the Northeast
1313	Quarter of said Section 34, (Old River Road), less and
1314	except the following: That portion described in
1315	Official Record Instrument No. 1999111833, Public
1316	Records of Sarasota County, Florida, (Right of Way for
1317	County Road No. 777). All of Section 35 lying West of
1318	the Myakka River. Also, a portion of Sections 32, 33
1319	and 34, Township 39 South, Range 20 East, Sarasota
1320	County, Florida, being more particularly described as
1321	follows: BEGIN at the Southeast corner of Section 32,
1322	Township 39 South, Range 20 East; thence N.
1323	89°04'43"W., along the South line of said Section 32,
1324	a distance of 410.14 feet to the Southeast corner of
1325	the lands described in Official Records Book 2785 at
1326	Page 634, of the Public Records of Sarasota County,
1327	Florida; thence N. 00°30'25"E., along the East line of
1328	said lands described in Official Records Book and
1329	Page, same being the West line of a 120.00 foot wide
1330	Perpetual Non-exclusive Easement per Official Records
1331	Book 2785 at Page 641, a distance of 1400.76 feet to a
1332	point on the westerly extension of the southerly
1333	boundary line of lands described in Official Records
1334	Book 1571 at Page 2172, of the Public Records of
1335	Sarasota County, Florida; thence along the westerly
1336	extension and boundary of said lands described in
1337	Official Records Book 1571, at Page 2172 the following
1338	two (2) courses: (1) S. 89°29'35"E., a distance of
1339	1960.21 feet; (2) thence N. 00°30'25"E., a distance of
1340	2062.70 feet to the Northeast corner of said lands;
1341	thence S. 48°24'50"E., a distance of 2914.38 feet to
1342	the Southwest corner of lands described in Official
1343	Records Instrument 1998166154, of the Public Records
1344	Sarasota County, Florida; thence along the boundary of
1345	said lands described in Official Records Instrument
1346	1998166154 the following three (3) courses: (1) S.
1347	89°58'33"E., a distance 676.50 feet; (2) thence N.
1348	00°01'27"E., a distance of 752.33 feet; (3) thence N.
1349	28°06'22"E., a distance of 362.06 feet to a point on
1350	the southerly right of way line of U.S. Highway No.
1351	41, as per Florida Department of Transportation Right
1352	of Way Map, Section 17010-2508, said point being on a
1353	curve concave to the northeast and having a radius of
1354	3011.73 feet, a central angle of 14°28'18", a chord
1355	bearing of S. 72°07'12"E. and a chord distance of
1356	758.67 feet; thence in an easterly direction, along
1357	the arc of said curve, an arc distance of 760.69 feet
1358	to a point on the West line of Section 34, Township 39
1359	South, Range 20 East, Sarasota County, Florida; thence
1360	S. 00°16'02"W., along the West line of said Section
1361	34, and leaving said southerly right of way line, a
1362	distance of 379.82 feet; thence S. 89°37'27"E., a
1363	distance of 1329.90 feet to a point on the westerly
1364	right of way line of County Road #777 (South River
1365	Road) as per Florida Department of Transportation
1366	Right of Way Map, Section 17550-2601; thence along
1367	said westerly right of way line, the following six (6)
1368	courses; (1) S. 00°07'30"W., a distance of 5.48 feet;
1369	(2) thence S. 89°23'52"E., a distance of 9.74 feet;
1370	(3) thence S. 36°39'07"E., a distance of 64.18 feet to
1371	the point of curvature of a circular curve to the
1372	right, having a radius of 5599.32 feet, a central
1373	angle of 02°00'54", a chord bearing of S. 35°38'40"E.
1374	and a chord distance of 196.90 feet; (4) thence
1375	southeasterly, along the arc of said curve, an arc
1376	distance of 196.91 feet to the end of said curve; (5)
1377	thence N. 55°21'47"E., radial to the last described
1378	curve, a distance of 20.00 feet to a point on a curve
1379	concentric with the last described curve and having a
1380	radius of 5619.32 feet, a central angle of 15°31'30",
1381	a chord bearing of S. 26°52'28"E. and a chord distance
1382	of 1517.98 feet; (6) thence in a southerly direction
1383	along the arc of said curve, an arc distance of
1384	1522.64 feet to the Northeast corner of lands
1385	described in Official Records Instrument 2000002794,
1386	of the Public Records Sarasota County, Florida; thence
1387	S. 78°41'04"W., along the northerly line of said lands
1388	described in Official Records Instrument 2000002794, a
1389	distance of 2240.20 feet to the Southeast corner of
1390	Section 33, Township 39 South, Range 20 East, Sarasota
1391	County, Florida; thence N. 89°39'52"W., along the
1392	South line of said Section 33, a distance of 5318.90
1393	feet to the POINT OF BEGINNING.
1394
1395	LANDS LOCATED IN TOWNSHIP 40 SOUTH, RANGE 20 EAST,
1396	SARASOTA COUNTY, FLORIDA:
1397
1398	All of Section 3, less and except the following: That
1399	portion conveyed in Order of Taking recorded in
1400	Official Record Book 2679, Page 2750-2754, of the
1401	Public Records of Sarasota County, Florida (County
1402	Road No 777); That portion conveyed in Official Record
1403	Instrument No. 2000002794 of the Public Records of
1404	Sarasota County, Florida, (River Road Office Park,
1405	Inc.); The maintained right-of-way of County Road No.
1406	777 (South River Road). All of Section 4, Less and
1407	except the following: That portion described in
1408	Official Record Instrument No. 2000002794, of the
1409	Public Records of Sarasota County, Florida, (River
1410	Road Office Park, Inc.). All of Section 5, less and
1411	except the following: Right-of-way conveyed for Pine
1412	Street Extension recorded in Official Record Book
1413	2536, Page 811-974, of the Public Records of Sarasota
1414	County, Florida. All of Section 6, less and except the
1415	following: Right-of-way conveyed for Pine Street
1416	Extension recorded in Official Record Book 2536, Page
1417	811-974, of the Public Records of Sarasota County,
1418	Florida. All of Section 7, less and except the
1419	following: Right-of-way conveyed for Pine Street
1420	Extension recorded in Official Record Book 2536, Page
1421	811-974, of the Public Records of Sarasota County,
1422	Florida. All of Section 8. All of Section 9. All of
1423	Section 10, less and except the following: The
1424	maintained right-of-way for County Road No. 777 (South
1425	River Road) ALL OF THE ABOVE ARE SUBJECT TO EASEMENTS
1426	OF RECORD, OR OTHERWISE, USED FOR DRAINAGE, UTILITIES
1427	AND/OR INGRESS AND EGRESS.
1428
1429	The above described property contains a total of
1430	8193.7478 acres more or less.
1431
1432	(2)  The territorial limits of West Villages Improvement
1433	District shall also embrace and include those parcels of land
1434	described as follows:
1435
1436	LANDS LOCATED IN TOWNSHIP 39 SOUTH, RANGE 20 EAST,
1437	SARASOTA COUNTY, FLORIDA:
1438
1439	All that part of Section 21, as lies Southwesterly of
1440	County Road # 777 (West River Road). All that part of
1441	Section 28 lying West of County Road # 777 (West River
1442	Road). All that part of Section 32, described as
1443	follows:
1444
1445	Commence at the Northeast corner of said Section 32;
1446	thence S.00E30'23"W., along the easterly line of the
1447	Northeast 1/4 of said Section 32, a distance of
1448	2658.68 feet to the southeast corner of said Northeast
1449	1/4; thence N.89E23'27"W. a distance of 290.00 feet to
1450	the POINT OF BEGINNING; thence N.00E30'23"E., parallel
1451	with the easterly line of said Section 32, a distance
1452	of 2497.34 feet to the southerly right-of-way of U.S.
1453	Highway 41, being a point on a curve to the left the
1454	center of which lies S.06E30'20"W., a radial distance
1455	of 5603.58 feet; thence along the arc in a westerly
1456	direction, passing through a central angle of
1457	01E13'57", a distance of 120.53 feet; thence
1458	S.00E30'23"W., a distance of 5165.77 feet; thence
1459	S.89E05'08"E., a distance of 120.00 feet; thence
1460	N.00E30'23"E., a distance of 2657.98 feet to the POINT
1461	OF BEGINNING.
1462
1463	All that part of Section 33, described as follows:
1464	Commence at the NW corner of Section 33, Township 39
1465	South, Range 20 East, Sarasota Florida; run thence S.0
1466	degrees 30'44"W. along the westerly line of said
1467	Section 33, 105.39' to the centerline of U.S. 41;
1468	thence continue S.0 degrees 30'44"W. along said
1469	westerly line 1372.36'; thence S.89 degrees 29'16"E.
1470	along the northerly line of Tract, 810' to the POINT
1471	OF BEGINNING of said centerline of said 200 foot wide
1472	Tract; thence N.0 degrees 30'44"E., parallel to the
1473	said westerly line of Section 33, 1078.74' to the
1474	southerly right-of-way line of U.S. 41 (right-of-way
1475	being 100 feet from centerline at this point) for a
1476	POINT OF TERMINATION.
1477
1478	All that part of Section 34 described as follows: The
1479	North Half of the Northwest Quarter of the Southwest
1480	Quarter lying South of U.S. Highway #41 (State Road
1481	#45) and West of the right of way of County Road #777
1482	(as realigned) in Official Records Book 2679 at Pages
1483	2750-2574, LESS the following described lands: East
1484	200' (as measured along the South Right-of-Way of
1485	Tamiami Trail, or arc distance) of the West 392.7 feet
1486	measured along the South Right-of-Way of said Tamiami
1487	Trail, arc distance; on the following described
1488	property: That portion of the Northwest 1/4 of the
1489	Northwest 1/4 of the Southwest 1/4 of Section 34,
1490	Township 39 South, Range 20 East, Sarasota County,
1491	Florida, lying South of Tamiami Trail and being more
1492	particularly described as follows: Begin at the West
1493	1/4 of section corner of Section 34, Township 39
1494	South, Range 20 East and run South on the section line
1495	196.71 feet to the South Right-of-Way line of the
1496	Tamiami Trail for a Point of Beginning: thence
1497	continue S.89E58'00"E 659 feet; thence N.00E00'20"W
1498	424.57 feet to the South Right-of-Way of the said
1499	Tamiami Trail; thence in a Northwesterly direction
1500	along the curve of said Tamiami Trail a distance of
1501	662.5 feet to the Point of Beginning. Said above
1502	described lands being more particularly described and
1503	surveyed as follows: Commence at the West quarter
1504	corner of said Section 34, thence South along the
1505	Westerly section line of said Section 34, a distance
1506	of 668.85 feet; thence S.89E58'00"E. a distance of
1507	190.40 feet to the Point of Beginning of this
1508	description. Thence N.00E00'00"E. a distance of 350.24
1509	feet to a point on the Southerly Right-of-Way line of
1510	Tamiami Trail also known as STATE ROAD No. 45. and
1511	U.S. 41 as per Florida Department of Transportation
1512	Right-of-Way maps Section No. 17010-2508 (204' Right-
1513	of-Way) said point also being on the arc of a circular
1514	curve to the left whose radius point bears
1515	N.06E36'51"E., thence along the arc of said curve in
1516	an easterly direction through a central angle of
1517	03E48'13", having a radius distance of 3011.73 feet,
1518	an arc distance of 199.93 feet; thence South leaving
1519	said Right-of-Way line a distance of 333.93 feet;
1520	thence N.89E58'00"W. a distance of 199.22 feet to the
1521	Point of Beginning; The NE 1/4 of the SW 1/4, lying
1522	easterly of right of way for County Road #777 (as
1523	realigned) as per Official Records Book 2679, at Pages
1524	2750-2754, Less the NW 1/4 of the NE 1/4 of the SW
1525	1/4, Also Less lands described in Official Records
1526	Instrument Number 1999111833; That part of the West
1527	Half of the SE 1/4, lying westerly of maintained right
1528	of way for South River Road (Old River Road), and
1529	northerly of lands described in Official Records
1530	Instrument Number 1999111833.
1531
1532	IN TOWNSHIP 40 SOUTH, RANGE 20 EAST, SARASOTA COUNTY,
1533	FLORIDA:
1534
1535	All of Section 15, less and except the following: The
1536	maintained right-of-way for County Road #777 (South
1537	River Road); Right-of-way conveyed in Official Records
1538	Instrument Number 2000163556.
1539
1540	All of Section 17, less and except the following:
1541	Right-of-way conveyed for Pine Street Extension
1542	recorded in Official Record Book 2536, Page 811-974,
1543	of the Public Records of Sarasota County, Florida.
1544
1545	All of Section 18, less and except the following:
1546	Right-of-way conveyed for Pine Street Extension
1547	recorded in Official Record Book 2536, Page 811-974,
1548	of the Public Records of Sarasota County, Florida.
1549
1550	All of Section 19, less and except the following:
1551	Right-of-way conveyed for Pine Street Extension
1552	recorded in Official Record Book 2536, Pages 811-974,
1553	of the Public Records of Sarasota County, Florida.
1554
1555	All of Section 20, less and except the following:
1556	Right-of-way conveyed for Pine Street Extension
1557	recorded in Official Record Book 2536, Pages 811-974,
1558	of the Public Records of Sarasota County, Florida;
1559	Maintained right-of-way for County Road #777 (South
1560	River Road).
1561
1562	All of Section 21, less and except the following:
1563	Maintained right-of-way for County Road #777 (South
1564	River Road); The SW 1/4 of the SE 1/4; The North 50
1565	feet of the South 380 feet of the SW 1/4 lying East of
1566	County Road #777 (South River Road); Right-of-way
1567	conveyed in Official Record Book 2097, Page 396, of
1568	the Public Records of Sarasota County, Florida; Right-
1569	of-way conveyed in Official Records Instrument Number
1570	2000163556.
1571
1572	Parcel Contains 3739.9714 Acres more or less.
1573	Section 19.  Limitations of powers.--All governmental
1574	planning, environmental, and land development laws, regulations,
1575	and ordinances apply to all development of the land within the
1576	district. The district does not have the power of a local
1577	government to adopt a comprehensive plan, building code, zoning
1578	code, or land development code, as those terms are defined in
1579	the Local Government Comprehensive Planning and Land Development
1580	Regulation Act. The district shall take no action which is
1581	inconsistent with applicable comprehensive plans, ordinances, or
1582	regulations of the applicable local general-purpose government.
1583	Nothing in this act shall create any delegation of any
1584	responsibilities or authorities from Sarasota County or the City
1585	of North Port to the district. Notwithstanding anything to the
1586	contrary, as to any lands located within the City of North Port
1587	jurisdictional boundaries or the unincorporated area, the
1588	district shall be required to obtain any and all permits for
1589	infrastructure planning and construction from the City of North
1590	Port or Sarasota County, respectively, that would otherwise be
1591	required of a private entity performing the same work. The
1592	district shall not have the power to supersede supercede,
1593	contravene, or overrule any development or annexation agreements
1594	entered into by landowners within or outside of the district or
1595	any City of North Port joint planning agreements or interlocal
1596	agreements with Sarasota County or any other governmental
1597	entities.
1598	Section 2.  Referendum.--No expansion of the territorial
1599	boundaries of the district shall be effective until a landowner
1600	referendum is conducted by the board of supervisors within 60
1601	days after the effective date of this act on the question of
1602	expanding the territorial boundaries of the district. All
1603	landowners (which include the landowners within the current
1604	district and expanded district boundaries) are entitled to vote
1605	in the referendum held pursuant to this section. The referendum
1606	shall be held on a one-acre, one-vote basis at the expense of
1607	the district. If the landowners approve the referendum described
1608	in this section by a majority vote of the acreage cast, then
1609	this act shall take effect immediately.
1610	Section 3.  This act shall take effect only upon its
1611	approval by a majority vote of those qualified landowners of the
1612	area described in section 17, as amended, voting in a referendum
1613	to be held by the Board of Supervisors of the West Villages
1614	Improvement District voting in a special election, except that
1615	this section and section 2 shall take effect upon becoming a
1616	law.

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