HB 1445

CS

CHAMBER ACTION

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

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