HB 1445

1	A bill to be entitled
2	An act relating to the West Villages Improvement District,
3	Sarasota County; amending chapter 2004-456, Laws of
4	Florida; expanding the territorial boundaries of the
5	district; supplementing the conditions and requirements
6	for the exercise of its powers, functions, and duties;
7	providing for a referendum; providing an effective date.
8
9	Be It Enacted by the Legislature of the State of Florida:
10
11	Section 1.  Sections 2, 3, 4, 5, 11, 12, 17, and 19 and
12	subsection (2) of section 10 of chapter 2004-456, Laws of
13	Florida, are amended to read:
14	Section 2.  District; creation, jurisdiction, and
15	purpose.--
16	(1)  The West Villages Improvement District, herein
17	referred to as the "district," is hereby created and
18	incorporated as an independent special district, pursuant to
19	chapter 189, Florida Statutes, to be known as the West Villages
20	Improvement District, in the City of North Port and in
21	unincorporated, Sarasota County, which independent special
22	district shall be a public body corporate and politic.
23	(2)  The district's territorial boundary shall embrace and
24	include that real property described in following section 17.
25	(3)  The district is created for all purposes as shall be
26	liberally construed from and set forth in this act, under
27	sections 189.401-189.429, Florida Statutes, provided that
28	section 189.4045(2), Florida Statutes, is specifically excluded
29	and not applicable to the district or to the City of North Port
30	as to that portion of the district located within the City of
31	North Port jurisdictional boundaries, or to Sarasota County as
32	to that portion of the district located within the
33	unincorporated area, and chapter 298, Florida Statutes, as the
34	same may be amended from time to time, and may perform such acts
35	as shall be necessary, convenient, incidental, or proper for the
36	provision, acquisition, development, operation, and maintenance
37	of those public infrastructure works and services authorized
38	herein, including all facilities necessary and incidental
39	thereto.
40	(4)  The district charter created by this act may be
41	amended only by special act of the Legislature. Any expansion of
42	the powers or the boundaries of the district within the City of
43	North Port shall require prior approval of the City of North
44	Port Commission or its designee. Any expansion of the powers or
45	the boundaries of the district within the unincorporated area of
46	Sarasota County shall require prior approval of the Board of
47	County Commissioners of Sarasota County or its designee.
48	(5)  The definition of terms and phrases shall be as set
49	forth in chapters 189 and 298, Florida Statutes, unless
50	otherwise herein defined.
51	Section 3.  District powers, functions, and duties.--
52	(1)  In addition to any powers, functions, and duties set
53	forth in this act, the district shall have the authority to
54	exercise such powers, functions, and duties as may be set forth
55	in chapter 298, Florida Statutes.
56	(2)  The district is hereby authorized and empowered as
57	follows:
58	(a)  To adopt by resolution bylaws for the regulation of
59	its affairs and the conduct of its business.
60	(b)  To adopt by resolution rules as necessary for
61	implementation, regulation, and enforcement as are consistent
62	with the purposes of the district and this act.
63	(c)  To adopt an official seal reflecting the name and
64	nature of the district.
65	(d)  To acquire by grant, loan, purchase, gift, transfer,
66	exchange, dedication, lease, devise, or, when reasonably
67	necessary for the implementation of district-authorized public
68	infrastructure works, facilities, or services by means of the
69	exercise of the right of eminent domain pursuant to the laws of
70	the state and in accordance with section 12 of this act, all
71	property, real or personal, or any easement, license, estate, or
72	interest therein necessary, desirable, or convenient for the
73	purposes of this act, and to sell, convey, transfer, gift,
74	lease, rent, dedicate, forfeit, abandon, exchange, or assign all
75	or any part thereof to or with other entities, including
76	governmental entities and agencies, and to exercise all of its
77	powers and authority with respect thereto. The district shall
78	not have the right of eminent domain outside of the boundaries
79	of the district. Notwithstanding anything contained herein, the
80	district shall not obtain fee simple title to any real property
81	within the district except by dedication on an approved plat:
82	1.  As to that portion of the district located within the
83	City of North Port jurisdictional boundaries, with the approval
84	of the City of North Port Commission or its designee;
85	2.  As to that portion of the district located within the
86	unincorporated area, with the approval of the Board of County
87	Commissioners of Sarasota County or its designee;, or
88	3.  As if otherwise required by another governmental entity
89	or agency.
90
91	Any property interests owned by the district which are used for
92	nonpublic or private commercial purposes shall be subject to all
93	ad valorem taxes, intangible personal property taxes, or non-ad
94	valorem assessments, as would be applicable if said property
95	were privately owned.
96	(e)  To finance, plan (as to that portion of the district
97	located within the City of North Port jurisdictional boundaries,
98	consistent with the City of North Port Comprehensive Plan and
99	implementing ordinances, studies, and plans; and, as to that
100	portion of the district located within the unincorporated area,
101	consistent with the Sarasota County Comprehensive Plan and
102	implementing ordinances, studies, and plans), design, acquire,
103	construct, install, operate, equip, upgrade, reclaim, replace,
104	extend, renovate, mitigate, and maintain canals, swales,
105	outfalls, dams, control structures, pumps and pumping systems,
106	aerators, seawalls, berms, ditches, telemetry and monitoring
107	equipment, retention areas, holding basins, marshes, wetlands,
108	uplands, drains, levees, lakes, ponds, and other works or
109	elements for modern comprehensive water management drainage,
110	environmental, mitigation preservation, erosion, quality, and
111	control purposes, and:
112	1.  As to that portion of the district located within the
113	City of North Port jurisdictional boundaries, further that the
114	district shall agree, at the request of the City of North Port
115	Commission or its designee, subject to a developer's agreement
116	with the City of North Port (neither party's consent to said
117	developer's agreement shall be unreasonably withheld), to donate
118	and turn over operation to the City of North Port of all or any
119	portion of said water management system located within the City
120	of North Port jurisdictional boundaries; and
121	2.  As to that portion of the district located within the
122	unincorporated area, the district shall agree, at the request of
123	the Board of County Commissioners of Sarasota County or its
124	designee, subject to a developer's agreement with Sarasota
125	County (neither party's consent to said developer's agreement
126	shall be unreasonably withheld), to donate and turn over
127	operation to Sarasota County of all or any portion of said water
128	management system located within the unincorporated area to the
129	City of North Port.
130	(f)  To regulate, modify, control, and redirect the supply
131	and level of water within the district if consistent with the
132	rules and regulations of:
133	1.  The City of North Port as to that portion of the
134	district located within the City of North Port's jurisdictional
135	boundaries;
136	2.  Sarasota County, as to that portion of the district
137	located within the unincorporated area; and
138	3.  The Port and Southwest Florida Water Management
139	District rules and regulations,
140
141	including the division of waters from one area, lake, pond,
142	river, stream, basin, or water control facility to another; to
143	control and restrict the development and use of natural or
144	artificial streams or bodies of water, lakes, or ponds; and to
145	take of measures determined by the board to be necessary or
146	desirable to prevent or alleviate land erosion, flooding, or
147	water quality problems or issues, provided all such activity
148	shall be carried out in accordance with applicable federal,
149	state, and local government rules and regulations.
150	(g)  To finance the implementation of appropriate studies,
151	whether by the district or in conjunction with other agencies or
152	entities, to assist in implementing the district's powers,
153	authorities, and purposes as set forth herein and to facilitate
154	the orderly management of the district and its works and
155	facilities.
156	(h)  To finance, plan (as to that portion of the district
157	located within the City of North Port jurisdictional boundaries,
158	consistent with City of North Port Comprehensive Plan and
159	implementing ordinances, studies, and plans; and, as to that
160	portion of the district located within the unincorporated area,
161	consistent with the Sarasota County Comprehensive Plan and
162	implementing ordinances, studies, and plans), design, acquire,
163	construct, install, operate, equip, upgrade, replace, extend,
164	renovate, and maintain irrigation works, machinery, plants, and
165	appurtenances.
166	(i)  To finance, plan (as to that portion of the district
167	located within the City of North Port jurisdictional boundaries,
168	consistent with City of North Port Comprehensive Plan and
169	implementing ordinances, studies, and plans; and, as to that
170	portion of the district located within the unincorporated area,
171	consistent with the Sarasota County Comprehensive Plan and
172	implementing ordinances, studies, and plans), design, acquire,
173	construct, install, operate, equip, upgrade, replace, extend,
174	renovate, and maintain roadways; and to include either as a
175	component of such roads or independently by themselves,
176	parkways, bridges, landscaping, irrigation, bicycle and jogging
177	paths, street lighting, entry features, traffic signals, road
178	striping, and all other customary elements or appurtenances of a
179	modern road system for the exclusive use and benefit of the
180	district, a unit of development, and/or its landowners,
181	residents, and invitees in order to control ingress and egress;
182	to finance and maintain said roads and their associated elements
183	and components as a part of a plan of improvements; to construct
184	and maintain security structures to control the use of said
185	roads; to make provision for access by fire, police, and
186	emergency vehicles and personnel for the protection of life and
187	property; to include, in the annual assessment of non-ad valorem
188	assessments as authorized, sufficient funds to finance and
189	maintain said roads as a part of a plan of improvements, and to
190	adopt, by resolution of the board, rules and regulations for the
191	control of traffic, noise levels, crime, and the use of the
192	roads by those authorized. Provided that in the event the
193	district should construct all or any portion of a major
194	thoroughfare or transportation route as identified in section
195	163.3177(6)(b), Florida Statutes, the district will not be
196	permitted to limit said thoroughfare or transportation route for
197	the exclusive use and benefit of the district, a unit of
198	development, and/or its residents without the written consent of
199	the applicable local general purpose government. Notwithstanding
200	anything to the contrary herein:
201	1.  As to that portion of the district located within the
202	City of North Port jurisdictional boundaries, construction of
203	roads by the district shall not be in conflict with City of
204	North Port rules, master plans, plans, specifications, or
205	regulations; and
206	2.  As to that portion of the district located within the
207	unincorporated area, construction of roads by the district shall
208	not be in conflict with rules, master plans, plans,
209	specifications, or regulations of Sarasota County.
210
211	As to that portion of the district located within the City of
212	North Port jurisdictional boundaries, the district shall agree,
213	at the request of the City of North Port Commission or its
214	designee, subject to applicable impact fee ordinances and a
215	developer's agreement with the City of North Port (neither
216	party's consent to said developer's agreement shall be
217	unreasonably withheld), to donate and turn over operation of all
218	or any portion of any public roadway system within the City of
219	North Port jurisdictional boundaries. As to that portion of the
220	district located within the unincorporated area, the district
221	shall agree, at the request of the Broad of County Commissioners
222	of Sarasota County or its designee, subject to applicable impact
223	fee ordinances and a developer's agreement with Sarasota County
224	(neither party's consent to said developer's agreement shall be
225	unreasonably withheld), to donate and turn over operation of all
226	or any portion of any public roadway system within the
227	unincorporated area to Sarasota County to the City of North
228	Port.
229	(j)  To finance, plan (as to that portion of the district
230	located within the City of North Port jurisdictional boundaries,
231	consistent with City of North Port Comprehensive Plan and
232	implementing ordinances, studies, and plans; and, as to that
233	portion of the district located within the unincorporated area,
234	consistent with the Sarasota County Comprehensive Plan and
235	implementing ordinances, studies, and plans), design, acquire,
236	construct, install, operate, equip, upgrade, replace, extend,
237	renovate, and maintain entry features, garages, parking
238	facilities, district offices, buildings, facilities, and
239	structures.
240	(k)  To finance, plan (as to that portion of the district
241	located within the City of North Port jurisdictional boundaries,
242	consistent with City of North Port Comprehensive Plan and
243	implementing ordinances, studies, and plans; and, as to that
244	portion of the district located within the unincorporated area,
245	consistent with the Sarasota County Comprehensive Plan and
246	implementing ordinances, studies, and plans), design, acquire,
247	construct, install, operate, equip, upgrade, replace, extend,
248	renovate, reclaim, mitigate, protect, remove exotics, and
249	maintain improvements, works, landscaping, systems, structures,
250	buildings, and facilities for community or public preserves,
251	uplands, wetlands, playgrounds, parks, gymnasiums, stadiums,
252	ballfields, greenways, waterways, and facilities for indoor and
253	outdoor recreational, sport, cultural, and educational uses.
254	(l)1.  To finance, plan (as to that portion of the district
255	located within the City of North Port jurisdictional boundaries,
256	consistent with City of North Port Comprehensive Plan and
257	implementing ordinances, studies, and plans; as to that portion
258	of the district located within the unincorporated area,
259	consistent with the Sarasota County Comprehensive Plan and
260	implementing ordinances, studies, and plans; and as to that
261	portion of the district located within the Englewood Water
262	District service area, consistent with the Englewood Water
263	District's adopted studies and plans), design, acquire,
264	construct, install, operate, set, and charge by resolution
265	access, user, or connection fees and charges, equip, upgrade,
266	replace, store, extend, renovate, and maintain water plants and
267	systems, plus appurtenances, to produce, desalinate, purify,
268	sell, and distribute water for consumption, irrigation, or other
269	purposes; provided that the exercise of such construction,
270	operation, fee establishment, and production powers by the
271	district shall:
272	a.  As to that portion of the district located within the
273	City of North Port jurisdictional boundaries, require the prior
274	approval of the City of North Port Commission or its designee;
275	b.  As to that portion of the district located within the
276	unincorporated area, require the prior approval of the Board of
277	County Commissioners of Sarasota County or its designee; and
278	c.  As to that portion of the district located within the
279	Englewood Water District service area, require the prior
280	approval of the Board of the Englewood Water District or its
281	designee.
282	2.  As to that portion of the district located within the
283	City of North Port jurisdictional boundaries, and further that
284	the district shall agree, at the request of the City of North
285	Port Commission or its designee, subject to a utility
286	developer's agreement with the City of North Port (neither
287	party's consent to said developer's agreement shall be
288	unreasonably withheld), to donate and turn over operation of all
289	or any portion of said water system within the City of North
290	Port jurisdictional boundaries to the City of North Port.
291	3.  As to that portion of the district located within the
292	unincorporated area and outside of the Englewood Water District
293	service area, the district shall agree, at the request of the
294	Board of County Commissioners of Sarasota County or its
295	designee, subject to a utility developer's agreement with
296	Sarasota County (neither party's consent to said developer's
297	agreement shall be unreasonably withheld), to donate and turn
298	over operation of all or any portion of said water system within
299	the unincorporated area to Sarasota County.
300	4.  As to that portion of the district located within the
301	Englewood Water District service area, the district shall, at
302	the request of the Board of the Englewood Water District or its
303	designee, subject to an interlocal agreement or other
304	appropriate agreement with the Englewood Water District (neither
305	party's consent to said agreement shall be arbitrarily or
306	unreasonably withheld), donate and turn over operation of all or
307	any portion of said water system within the Englewood Water
308	District service area to the Englewood Water District.
309	(m)1.  To finance, plan (as to that portion of the district
310	located within the City of North Port jurisdictional boundaries,
311	consistent with City of North Port Comprehensive Plan and
312	implementing ordinances, studies, and plans; as to that portion
313	of the district located within the unincorporated area,
314	consistent with the Sarasota County Comprehensive Plan and
315	implementing ordinances, studies, and plans; and as to that
316	portion of the district located within the Englewood Water
317	District service area, consistent with the Englewood Water
318	District's adopted studies and plans), design, acquire,
319	construct, install, operate, set, and charge by resolution
320	access, user, or connection fees and charges, equip, upgrade,
321	replace, extend, renovate, and maintain sewer systems, plus
322	appurtenances, for the collection, disposal, and reuse of
323	effluent, waste, residue, or other byproducts of such system,
324	prevent pollution, and improve water quality; provided that the
325	exercise of such construction, operation, and fee establishment
326	powers by the district shall:
327	a.  As to that portion of the district located within the
328	City of North Port jurisdictional boundaries, require the prior
329	approval of the City of North Port Commission or its designee;
330	b.  As to that portion of the district located within the
331	unincorporated area, require the prior approval of the Board of
332	County Commissioners of Sarasota County or its designee; and
333	c.  As to that portion of the district located within the
334	Englewood Water District service area, require the prior
335	approval of the Board of the Englewood Water District or its
336	designee.
337	2.  As to that portion of the district located within the
338	City of North Port jurisdictional boundaries, and further that
339	the district shall agree, at the request of the City of North
340	Port Commission or its designee, subject to a utility
341	developer's agreement with the City of North Port (neither
342	party's consent to said developer's agreement shall be
343	unreasonably withheld), to donate and turn over operation of all
344	or any portion of said wastewater system within the City of
345	North Port jurisdictional boundaries to the City of North Port.
346	3.  As to that portion of the district located within the
347	unincorporated area and outside of the Englewood Water District
348	service area, the district shall agree, at the request of the
349	Board of County Commissioners of Sarasota County or its
350	designee, subject to a utility developer's agreement with
351	Sarasota County (neither party's consent to said developer's
352	agreement shall be unreasonably withheld), to donate and turn
353	over operation of all or any portion of said wastewater system
354	within the unincorporated area to Sarasota County.
355	4.  As to that portion of the district located within the
356	Englewood Water District service area, the district shall, at
357	the request of the Board of the Englewood Water District or its
358	designee, subject to an interlocal agreement or other
359	appropriate agreement with the Englewood Water District (neither
360	party's consent to said agreement shall be arbitrarily or
361	unreasonably withheld), donate and turn over
362	operation of all or any portion of said wastewater system within
363	the Englewood Water District service area to the Englewood Water
364	District.
365	(n)  To finance, plan (if not inconsistent with other
366	responsible agencies or authorities), design, acquire,
367	construct, install, operate, equip, upgrade, replace, extend,
368	renovate, and maintain improvements and facilities for and take
369	measures to control mosquitoes or other insects and arthropods
370	of public health importance.
371	(o)  To finance, plan (as to that portion of the district
372	located within the City of North Port jurisdictional boundaries,
373	consistent with City of North Port Comprehensive Plan and
374	implementing ordinances, studies, and plans; and, as to that
375	portion of the district located within the unincorporated area,
376	consistent with the Sarasota County Comprehensive Plan and
377	implementing ordinances, studies, and plans), design, acquire,
378	construct, install, operate, equip, upgrade, replace, extend,
379	renovate, and maintain lands, works, systems, landscaping, and
380	facilities for preservation areas, conservation areas,
381	environmental areas, mitigation areas, and wildlife habitat or
382	sanctuaries, including the maintenance of any plant or animal
383	species, and any related interest in real or personal property.
384	The district shall allow the City of North Port access to all
385	such improvements within the City of North Port jurisdictional
386	boundaries and shall allow access by the public when
387	appropriate. The district shall allow Sarasota County access to
388	all such improvements within the unincorporated area of the
389	district and shall allow access by the public when appropriate.
390	(p)  To finance, plan (as to that portion of the district
391	located within the City of North Port jurisdictional boundaries,
392	consistent with City of North Port Comprehensive Plan and
393	implementing ordinances, studies, and plans; and, as to that
394	portion of the district located within the unincorporated area,
395	consistent with the Sarasota County Comprehensive Plan and
396	implementing ordinances, studies, and plans), design, acquire,
397	construct, install, operate, equip, upgrade, replace, extend,
398	renovate, and maintain additional systems and facilities for
399	school buildings and related structures which may be donated to
400	a public school district, subject to a developer's agreement
401	(neither party's consent to said developer's agreement shall be
402	unreasonably withheld), for use in the educational system;
403	provided that donation of any land and the exercise of such
404	construction powers by the district shall require the prior
405	approval of the School Board of Sarasota County and either:
406	1.  As to that portion of the district located within the
407	City of North Port jurisdictional boundaries, the City of North
408	Port City Commission or its designee; or
409	2.  As to that portion of the district located within the
410	unincorporated area, the Board of County Commissioners of
411	Sarasota County or its designee.
412	(q)  To levy non-ad valorem assessments; prescribe, fix,
413	establish, and collect rates, fees, rentals, fares, or other
414	charges, and to revise the same from time to time, for property,
415	facilities, and services made available, furnished, or to be
416	furnished by the district; and to recover the cost of making or
417	authorizing the connection to any district facility or system or
418	installing works or improvements on or within district property
419	interests. However, no rates, fares, charges, or fees shall be
420	established until after a public hearing of the board at the
421	district at which all affected persons shall be given an
422	opportunity to be heard.
423	(r)  To provide for the discontinuance of service and
424	reasonable penalties, including reasonable attorney's fees,
425	against any user or property for any such rates, fees, rentals,
426	fares, or other charges that become delinquent and require
427	collection.
428	(s)  To enter into agreements with any person, firm,
429	entity, partnership, or corporation (public, private, or
430	governmental) for the furnishing by such person, firm, entity,
431	partnership, or corporation of any facilities and services of
432	the type provided for, authorized, or necessarily implied as
433	being authorized in this act.
434	(t)  To borrow money and issue negotiable or other bonds of
435	said district as hereinafter provided; and to borrow money, from
436	time to time, and issue negotiable or other notes of said
437	district therefore, bearing interest at not exceeding the
438	maximum interest allowable by law, in anticipation of the
439	collection of levies, fees, penalties, charges, fares, and
440	assessments or revenues of said district, and to pledge or
441	hypothecate such non-ad valorem assessments, levies,
442	assessments, and revenues to secure such bonds, notes, or
443	obligations, and to sell, discount, negotiate, and dispose of
444	the same.
445	(u)  To provide for safety enhancements, including, but not
446	limited to, security, guardhouses, fences, and gates, and
447	electronic intrusion detection systems; except that the district
448	shall not be authorized or empowered to exercise any police
449	power, but may contract with the appropriate local general
450	purpose government agencies for an increased level of such
451	service. Notwithstanding anything to the contrary, nothing
452	herein shall allow the district to limit the level of law
453	enforcement provided by federal, state, or local governmental
454	agencies.
455	(v)  To provide, at the request of local general purpose
456	governments consistent with the plans of the local general
457	purpose government, systems and facilities for fire prevention
458	and control and emergency medical services, including the
459	construction or purchase of fire stations, water mains and
460	plugs, fire trucks, and other vehicles and equipment consistent
461	with any adopted local general purpose government ordinances,
462	rules, or regulations. and, further, that The district shall
463	agree:
464	1.  As to that portion of the district located within the
465	City of North Port jurisdictional boundaries, at the request of
466	the local general purpose government, subject to a developer's
467	agreement with the City of North Port (neither party's consent
468	to said developer's agreement shall be unreasonably withheld),
469	to donate and turn over operation of all or any portion of said
470	facilities within the City of North Port jurisdictional
471	boundaries to the City of North Port; and
472	2.  As to that portion of the district located within the
473	unincorporated area, subject to a developer's agreement with
474	Sarasota County (neither party's consent to said developer's
475	agreement shall be unreasonably withheld), to donate and turn
476	over operation of all or any portion of said facilities within
477	the unincorporated area to Sarasota County local general purpose
478	government.
479	(w)  To submit for and obtain permits, plus make and enter
480	into contracts and agreements as are necessary or incidental to
481	the performance of the duties imposed and the execution of the
482	powers granted under this act, and to employ such consulting and
483	other engineers, superintendents, managers, administrators,
484	construction and financial experts, attorneys, and such
485	employees and agents as may, in the judgment of the district, be
486	necessary, and to fix their compensation.
487	(x)  To require any individual or entity desiring to
488	construct any structure in, over, under, upon, or occupying real
489	district property interests or rights-of-way owned by the
490	district right-of-way or connecting to or utilizing the works of
491	the district to first obtain written authorization from the
492	district and, as appropriate, either the City of North Port as
493	to that portion of the district located within the City of North
494	Port jurisdictional boundaries or Sarasota County as to that
495	portion of the district located within the unincorporated area
496	comply with all City of North Port and district plans, rules,
497	regulations, policies, and specifications, provided that said
498	written authorization shall be issued upon a demonstration that
499	the applicant has complied compliance with such Sarasota County,
500	applicable City of North Port, or and district plans, rules,
501	regulations, policies, and specifications as may be applicable.
502	The board of supervisors shall be permitted the discretion to
503	deny or revoke any written authorization or application for same
504	if they find that the matter for which the authorization is
505	sought or granted does not comply with such Sarasota County, the
506	City of North Port, or and district plans, rules, regulations,
507	or policies, and specifications as may be applicable. All fees
508	and costs, including construction, review, inspection, copying,
509	engineering, legal, and administrative expenses of the district,
510	shall be paid by the applicant seeking the authorization. Any
511	such district written authorization shall not be deemed or
512	construed as being an alternative to or in place of the
513	applicant's obligation to also obtain all other governmental
514	building and construction permits and approvals. With regard to
515	that portion of the district located within the City of North
516	Port jurisdictional boundaries, any conflict between City of
517	North Port and district plans, rules, regulations, policies, and
518	specifications shall be resolved in favor of the City of North
519	Port. With regard to that portion of the district located within
520	the unincorporated area, any conflict between Sarasota County
521	and district plans, rules, regulations, policies, and
522	specifications shall be resolved in favor of Sarasota County.
523	(y)  To include in a plan of improvements, the engineer's
524	report, or the authorizing and implementing documents under
525	chapter 170, Florida Statutes, which shall include, but are not
526	limited to, all applicable resolutions, assessment maps, and/or
527	assessment rolls (the "chapter 170 authorizing documents"), all
528	or one or more of the various powers and functions, including
529	individual parts or components thereof, of the district or any
530	combination of same and to construct and finance said individual
531	or combination of such powers and functions, including
532	individual parts or components thereof. It is the intent of this
533	section that a plan of improvements, the engineer's report, or
534	chapter 170 authorizing documents may provide for a single
535	benefit to the land authorized by the laws pertaining to the
536	district or one or more of all of said benefits or combination
537	thereof as long as there are benefits accruing to the land.
538	(z)  To provide in a plan of improvements, the engineer's
539	report, or chapter 170 authorizing documents that in assessing
540	the benefits and damages to be incurred by lands of the district
541	from the implementation, provision, or construction of a plan of
542	improvements or improvements or services pursuant to chapter 170
543	authorizing documents, the varying types of existing or proposed
544	land uses of the land within the unit or affected by such
545	construction or implementation, as the case may be, may be
546	considered and be entitled to so assess the benefits and
547	damages. The district may levy non-ad valorem assessments based
548	upon the benefits assessed in such manner, taking into account
549	the varying existing or proposed land uses of the land affected
550	by such construction as shall provide for the equitable
551	apportionment of such assessments. Such assessments may be
552	levied on the basis of lots, units, acreage, parcels, equivalent
553	connection, or uses or as otherwise set forth in the engineer's
554	report or in the chapter 170 authorizing documents.
555	(aa)  To establish and create such departments, committees,
556	boards, or other agencies, including a public relations
557	committee, as from time to time the board of supervisors may
558	deem necessary or desirable in the performance of the acts or
559	other things necessary to the exercise of the powers provided in
560	this act, and to delegate to such departments, committees,
561	boards, or other agencies such administrative duties and other
562	powers as the board of supervisors may deem necessary and to
563	exercise all other powers necessary convenient or proper in
564	connection with any of the powers or duties of said district
565	stated in this act by and through the board of supervisors.
566	Notwithstanding anything contained herein:
567	1.  As to that portion of the district located within the
568	City of North Port jurisdictional boundaries, no such
569	departments, committees, boards, or other agencies shall have
570	the power or authority to supersede any powers or authorities of
571	the City of North Port; and
572	2.  As to that portion of the district located within the
573	unincorporated area, no such departments, committees, boards, or
574	other agencies shall have the power or authority to supersede
575	any powers or authorities of Sarasota County.
576	(bb)  Notwithstanding any authority contained within this
577	section:
578	1.  As to that portion of the district located within the
579	City of North Port jurisdictional boundaries, the development,
580	operation, or maintenance of any district facilities or services
581	shall comply with the adopted comprehensive plan, unified land
582	development code, zoning code, and any other city codes and
583	ordinances of the City of North Port; and
584	2.  As to that portion of the district located within the
585	unincorporated area, the development, operation, or maintenance
586	of any district facilities or services shall comply with the
587	adopted comprehensive plan, land development regulations, zoning
588	code, and any other codes and ordinances of Sarasota County.
589	(cc)  To establish, or otherwise make available, a plan for
590	retirement, disability, dental, death, hospitalization, and
591	other appropriate benefits for employees of the district.
592	(dd)  To invest surplus funds of the district consistent
593	with the Investment of Local Government Surplus Funds Act, part
594	IV, chapter 218, Florida Statutes.
595	(ee)  As to that portion of the district located within the
596	City of North Port jurisdictional boundaries, to submit to the
597	City of North Port the plan of improvement for major government
598	infrastructure capital elements that may eventually be dedicated
599	or donated to the City of North Port so that the city can rely
600	on and incorporate said plan of improvement into the city's
601	Capital Improvement Plan; and, as to that portion of the
602	district located within the unincorporated area, to submit to
603	Sarasota County the plan of improvement for major government
604	infrastructure capital elements that may eventually be dedicated
605	or donated to Sarasota County so that the county can rely on and
606	incorporate said plan of improvement into the county's Capital
607	Improvement Plan.
608	(ff)  To apply for, obtain, and utilize any grants from
609	other entities consistent with the powers of the district;
610	provided, however, that:
611	1.  As to that portion of the district located within the
612	City of North Port jurisdictional boundaries, the district shall
613	coordinate with and obtain timely authorization from the City of
614	North Port Commission or its designee prior to the submittal of
615	any grant application; and
616	2.  As to that portion of the district located within the
617	unincorporated area, the district shall coordinate with and
618	obtain timely authorization from the Board of County
619	Commissioners of Sarasota County or its designee prior to the
620	submittal of any grant application.
621	(gg)  Following methodology consistent with Sarasota the
622	County's concurrency management regulations, and notwithstanding
623	any authority contained within this section, the district shall
624	not construct any improvements within that portion of the
625	district located within the City of North Port jurisdictional
626	boundaries, pursuant to any municipal development order, where
627	that development would cause the level of service on any
628	concurrency regulated facility in unincorporated Sarasota County
629	to drop below the level of service adopted as of the effective
630	date of this act, or subsequently reduced level of service, in
631	the Sarasota County Comprehensive Plan pursuant to chapter 163,
632	Florida Statutes, without paying its fair share contribution to
633	improving that facility, and Sarasota County shall have the
634	right under section 163.3215, Florida Statutes, to contest any
635	such municipal development order on the basis that it fails to
636	require the district to pay its fair share contribution. The
637	fair share contribution shall include both the contribution to
638	the county from the fair share collected by the City of North
639	Port pursuant to the county's impact fee ordinance and
640	interlocal agreements between Sarasota County and the City of
641	North Port, as well as direct contributions made to the county
642	by the district. Nothing contained herein shall be construed as
643	limiting the obligations of the district or property owners
644	therein as set forth in Florida Statutes and applicable rules.
645	Any fair share contribution required to address the impact of
646	development within that portion of the district located in
647	unincorporated Sarasota County shall be governed by the laws and
648	ordinances of Sarasota County.
649	(hh)  The district shall have the power to collect fair
650	share contributions from Sarasota County should Sarasota County
651	approve any development order in unincorporated Sarasota County
652	that creates impacts to concurrency regulated facilities within
653	the district, which would cause the level of service on any
654	concurrency regulated facility in the district within the City
655	of North Port jurisdictional boundaries to drop below the level
656	of service adopted by the City of North Port for such facility
657	as of the effective date of this act, or subsequently reduced
658	level of service.
659	(3)(a)  To include in a plan of improvements, the
660	engineer's report, chapter 170 authorizing documents, or
661	otherwise provide, for the exercise of the district's powers,
662	services, facilities, and improvements beyond the territorial
663	boundaries of the district, when necessary and appropriate in
664	order to provide a benefit on behalf of lands located within the
665	district and pursuant to an approved plan of improvements or
666	chapter 170 authorizing documents. Any such construction must be
667	in accordance with the city's master plans and requirements. Any
668	such construction within unincorporated Sarasota County must be
669	in accordance with the county's comprehensive plan, master
670	plans, and thoroughfare plan. The West Villages Improvement
671	district shall cooperate and coordinate its activities with the
672	units of general-purpose local government in which it is
673	located, including the City of North Port and Sarasota County.
674	Prior to exercising any of the district powers, functions, or
675	duties relative to infrastructure planning, programming, or
676	construction within that portion of the district located in
677	unincorporated Sarasota County, the district shall enter into an
678	interlocal agreement with Sarasota County, which agreement shall
679	specify the process for the district to coordinate its
680	infrastructure planning, programming, and construction
681	activities with Sarasota County and include a means to
682	coordinate infrastructure planning and programming between the
683	parties. Neither the district nor Sarasota County shall
684	arbitrarily or unreasonably withhold or delay its approval and
685	execution of such interlocal agreement. The district is
686	authorized to enter into interlocal agreements with the City of
687	North Port, Sarasota County, the Englewood Water District, or
688	any other units of government. Whenever the district intends to
689	utilize its powers to construct or cause to be constructed
690	infrastructure projects or programs within the district, the
691	district shall provide copies of all plans and infrastructure
692	permit applications to the Sarasota County Planning Director and
693	Development Services Business Center at such time as the
694	district submits such plans or permit applications to the City
695	of North Port or other permitting authority but in any event no
696	less than 30 days before the City of North Port or other
697	permitting authority issues permits for those projects. The
698	district shall allow the county 20 days from submittal to the
699	county to comment on those plans and permit applications, but as
700	to construction or improvements that are not within
701	unincorporated Sarasota County, the county's approval is not
702	required for the district to proceed with the project. Sarasota
703	County shall not unduly interfere with the district's exercise
704	of its powers conferred by this act.
705	(b)  Prior to planning, programming, or construction of any
706	infrastructure that is intended to cross jurisdictional
707	boundaries and be constructed in more than one unit of general-
708	purpose local government, the Englewood Water District, or a
709	combination thereof, the district shall enter into interlocal
710	agreements with each of the affected governments, which
711	agreements shall specify the process for the district to
712	coordinate its infrastructure planning, programming, and
713	construction activities with each affected government;
714	coordinate compliance and resolve conflicts with the
715	comprehensive plans, laws, and ordinances of the City of North
716	Port and Sarasota County and with the adopted long-range plans
717	and rules and regulations of the Englewood Water District; and
718	establish procedures and responsibilities for maintenance,
719	repair, and operation of any connected infrastructure. The
720	district, the City of North Port, Sarasota County, and the
721	Englewood Water District shall not arbitrarily or unreasonably
722	withhold or delay their approval and execution of any such
723	interlocal agreement.
724	Section 4.  Board of supervisors; election, organization,
725	powers, duties, and terms of office.--
726	(1)  There is hereby created a Board of Supervisors of the
727	West Villages Improvement District, which shall be the governing
728	body of said district.
729	(2)  Said board of supervisors shall consist of five
730	persons who, except as herein otherwise provided, shall each
731	hold office for terms of 4 years each and until their successors
732	shall be duly elected and qualified.
733	(3)  The first board of supervisors of the district shall
734	be composed of five persons, two of whom shall hold office for 4
735	years, one of whom shall hold office for 3 years, one of whom
736	shall hold office for 2 years, and one of whom shall hold office
737	for 1 year, which terms shall terminate in June of their
738	applicable final year. Within 120 days after this act becomes a
739	law, a special meeting of landowners of the West Villages
740	Improvement District shall be held for the purpose of electing
741	the first board of supervisors for the West Villages Improvement
742	District as herein provided. Notice of such special meeting of
743	landowners shall be given by causing publication thereof to be
744	made once a week for 2 consecutive weeks prior to such meeting
745	in the newspaper of general paid circulation in which that the
746	City of North Port publishes notices of city meetings, and prior
747	to the meeting, provision of 2 weeks' weeks advance written
748	notice shall be provided to the City of North Port City Manager,
749	including the agenda and any backup material. Such special
750	meeting of landowners shall be held in a public place in the
751	City of North Port, and the place, date, and hour of holding
752	such meeting and the purpose thereof shall be stated in the
753	notice. The landowners when assembled shall organize by electing
754	a chair who shall preside at the meeting and a vice chair,
755	secretary, and treasurer. At such meeting, each and every acre,
756	or any fraction thereof, of land in the district shall represent
757	one vote and each owner shall be entitled to one vote in person
758	or by written proxy for every acre of land, or any fraction
759	thereof, owned by such owner in the district. Candidates must be
760	citizens of the United States and shall be nominated prior to
761	commencement of the initial election. The landowners shall first
762	vote for the 2 supervisors who are to hold office for the 2
763	seats with an initial term of 4 years as herein provided, and
764	the persons receiving the highest and next highest number of
765	votes for such supervisor offices shall be declared and elected
766	as the supervisors for said 2 seats. The landowners shall next
767	vote for the supervisor who is to hold office for that seat with
768	a term of 3 years as provided herein, and the person receiving
769	the highest number of votes for such supervisor shall be
770	declared and elected as such supervisor for said seat. Said
771	landowners shall continue to so vote for each remaining seat
772	until the supervisor who is to hold office for the term of 1
773	year as herein provided is elected for said seat. The landowners
774	present or voting by proxy at the meeting shall constitute a
775	quorum.
776	(4)  Each year during the month of June, beginning with
777	June of the second year following the first election, a
778	supervisor shall be elected, as hereinafter provided, by the
779	landowners of said district to take the place of the retiring
780	supervisor. All vacancies or expirations on said board shall be
781	filled as provided by this act. All supervisors of the district
782	shall be citizens of the United States. Following the initial
783	election of supervisors in order to be eligible for election, a
784	candidate for an office of supervisor shall be required to file
785	a written notice of intention to be a candidate in said office
786	of the district at least 30 calendar days but not earlier than
787	90 calendar days before but not including the day of the annual
788	meeting of the landowners. In case of a vacancy in the office of
789	any supervisor, the remaining supervisors within 90 calendar
790	days of the vacancy shall fill such vacancy until the expiration
791	of that seat's outstanding term when a successor shall be
792	elected by the landowners. If, on or before January 1 of any
793	calendar year, there are 6,000 owners of real property in that
794	portion of the district located within the City of North Port
795	that are registered voters in the City of North Port, at least
796	one supervisor elected at the next regularly scheduled election
797	shall be a resident of and owner of real property in that
798	portion of the district located within the City of North Port.
799	If, on or before January 1 of any calendar year, there are 3,000
800	owners of real property in that portion of the district located
801	within the unincorporated area of Sarasota County that are
802	registered voters of Sarasota County, at least one supervisor
803	elected at the next regularly scheduled election shall be a
804	resident of and owner of real property in that portion of the
805	district located within unincorporated Sarasota County.
806	(5)  As soon as practicable after their election and the
807	taking of oaths of office, the board of supervisors of the
808	district shall organize by choosing a chair and vice chair of
809	the board of supervisors and by electing some suitable persons
810	secretary and treasurer, who may or may not be members of the
811	board. The board of supervisors shall adopt a seal which shall
812	be the seal of the district.
813	(6)  Each supervisor shall hold office until his or her
814	successor shall be elected and qualified. Whenever any election
815	shall be authorized or required by this act to be held by the
816	landowners at any particular or stated time or day, and if for
817	any reason such election shall not or cannot be held at such
818	time or on such day, then in such event and in all and every
819	such event, the power or duty to hold such election shall not
820	cease or lapse, but such election shall be held thereafter as
821	soon as practicable and consistent with this act.
822	(7)  The supervisors shall not receive any compensation for
823	their services.
824	Section 5.  Meetings of landowners.--
825	(1)  Each year during the month of June, a meeting of the
826	landowners of the district shall be held, when necessary, for
827	the purpose of electing a supervisor and hearing reports of the
828	board of supervisors and considering any matters upon which the
829	board of supervisors may request the advice and views of the
830	landowners. The board of supervisors shall have the power to
831	call special meetings of the landowners at any time to consider
832	and act upon any matter upon which the board of supervisors may
833	request action, direction, or advice. Notice of all meetings of
834	the landowners shall be given by the board of supervisors by
835	causing publication thereof to be made for 2 consecutive weeks
836	prior to such meeting in the newspaper of general paid
837	circulation in which that the City of North Port publishes
838	notices of city meetings and in a newspaper of general paid
839	circulation in which Sarasota County publishes notices of its
840	board meetings, and prior to the meeting, provision of 2 weeks'
841	weeks advance written notice shall be provided to the City of
842	North Port City Manager and the Sarasota County Administrator,
843	or their designees, regarding any matters affecting that portion
844	of the district located within the City of North Port
845	jurisdictional boundaries or the unincorporated area,
846	respectively, including the agenda and any backup material. The
847	meetings of the landowners shall be held in a public place in
848	the City of North Port, and the place, day, and hour of holding
849	such meetings shall be stated in the notice. The landowners when
850	assembled shall organize by electing a chair who shall preside
851	at the meeting. The secretary of the board of supervisors shall
852	be the secretary of such meeting. At all such meetings each and
853	every acre, or any fraction thereof, of land in the district
854	shall represent one vote, and each owner shall be entitled to
855	one vote in person or by written proxy for every acre, or any
856	fraction thereof, of land owned by such owner in the district.
857	The eligible person receiving the highest number of votes for a
858	supervisor position shall be declared and elected as such
859	supervisor. Those landowners present or voting by proxy at the
860	meeting, including the initial meeting, shall constitute a
861	quorum at any meeting of the landowners.
862	(2)  Guardians may represent their wards, and personal
863	representatives may represent the estates of deceased persons.
864	Trustees may represent lands by them in trust, and private and
865	municipal corporations may be represented by their officers or
866	duly authorized agents. Guardians, personal representatives,
867	trustees, and corporations may vote by proxy.
868	Section 10.  Bonds may be issued, sale and disposition of
869	proceeds; interest; levy to pay bonds; bonds and duties of
870	treasurer.--
871	(2)  Provided that any and all loans or bonds of the
872	district are non-recourse as to the City of North Port and
873	Sarasota County, the board of supervisors may issue bonds not to
874	exceed 90 percent of the total amount of the non-ad valorem
875	assessments levied under the provisions of section 298.305,
876	Florida Statutes, or equal to the total amount levied under
877	chapter 170, Florida Statutes, bearing interest from date at a
878	rate not to exceed the statutory lawful maximum per annum,
879	payable annually or semiannually, to mature at annual intervals
880	within 40 years commencing after a period of not later than 10
881	years, to be determined by the board of supervisors, with both
882	principal and interest payable at some convenient place
883	designated by the board of supervisors to be named in said
884	bonds, which bonds shall be signed by the chair of the board of
885	supervisors, attested with the seal of the district and by the
886	signature of the secretary of the board. All of said bonds shall
887	be executed and delivered to the district or its agent, which
888	shall sell the same in such quantities and at such dates as the
889	board of supervisors may deem necessary to meet the payments for
890	the works, services, and improvements in and of the district. A
891	sufficient amount of the non-ad valorem assessment shall be
892	appropriated by the board of supervisors for the purpose of
893	paying the principal, premium, if any, and interest of said
894	bonds, and the same shall, when collected, be preserved in a
895	separate fund for that purpose and no other. All bonds not paid
896	at maturity shall bear interest at a rate of not to exceed the
897	statutory lawful maximum per annum from maturity until paid, or
898	until sufficient funds have been deposited at the place of
899	payment, and said interest shall be appropriated by the board of
900	supervisors out of the penalties and interest collected on
901	delinquent assessments or other available funds of the district.
902	Provided, however, that it may, in the discretion of said board,
903	be provided that at any time, after such date as shall be fixed
904	by the said board, said bonds may be redeemed before maturity at
905	the option of said board, or their successors in office, by
906	being made callable prior to maturity at such times and upon
907	such prices and terms and other conditions as said board shall
908	determine. If any bond so issued subject to redemption before
909	maturity shall not be presented when called for redemption, it
910	shall cease to bear interest from and after the date so fixed
911	for redemption.
912	Section 11.  Unit development; powers of supervisors to
913	designate units of development and adopt systems of progressive
914	development by units; plan of improvements and financing
915	assessments, for each unit.--
916	(1)  Upon written petition signed by the owners of 51
917	percent of the acreage in any area, the board of supervisors of
918	the district shall have the power and is hereby authorized in
919	its discretion to exercise such powers authorized in this act,
920	the lands in said designated area or part of the district to be
921	called a "unit." The units into which said district may be so
922	divided shall be given appropriate numbers or names by said
923	board of supervisors, so that said units may be readily
924	identified and distinguished. The board of supervisors shall
925	have the power to fix and determine the location, area, and
926	boundaries of and lands to be included in each and all such
927	units with the consent of the owners of 51 percent of the
928	acreage in any area, and the method of carrying on the work in
929	each unit. If the board of supervisors shall determine that it
930	is advisable to conduct the work of the district by units, as
931	authorized by this section, said board shall, by resolution duly
932	adopted and entered upon its minutes, declare its purpose to
933	conduct such work accordingly and, upon petition of the owners
934	of 51 percent of the acreage in any area, shall at the same time
935	and manner fix the number, location, and boundaries of and
936	description of lands within such unit or units and give
937	appropriate numbers or names, which unit or units may overlay or
938	overlap one or more other units. As soon as practicable after
939	the adoption and recording of a resolution as to any unit, said
940	board of supervisors shall publish a notice once a week for 2
941	consecutive weeks in the newspaper of general paid circulation
942	in which that the City of North Port publishes notices of city
943	meetings and in a newspaper of general paid circulation in which
944	Sarasota County publishes notices of its board meetings, and by
945	provision of 2 weeks advance written notice to the City of North
946	Port City Manager, briefly describing the unit or units into
947	which the district has been divided and the lands embraced in
948	each unit, giving the name, number, or other designation of such
949	units, requiring all owners of lands in the district to show
950	cause in writing before said board of supervisors at a time and
951	place to be stated in such notice why such division of said
952	district into such unit or units should not be approved, and why
953	the proceedings and powers authorized by this section of this
954	act should not be had, taken, and exercised. Two weeks' advance
955	written notice of the board's intent to establish said unit or
956	units shall also be provided:
957	(a)  To the City of North Port City Manager or his or her
958	designee as to that portion of the district located within the
959	City of North Port jurisdictional boundaries; or
960	(b)  To the Sarasota County Administrator or his or her
961	designee as to that portion of the district located within the
962	unincorporated area.
963
964	At the time and place stated in said notice, said board of
965	supervisors shall hear all objections or causes of objection,
966	all of which shall be in writing, of any landowner in the
967	district to the matters mentioned and referred to in such
968	notice, and if no objections are made, or if said objections, if
969	made, shall be overruled by said board, then said board shall
970	enter in its minutes its finding and order confirming said
971	resolution and may thereafter proceed with the development of
972	the district by unit or units pursuant to such resolution and to
973	the provisions of this act. If, however, said board of
974	supervisors shall find as a result of such objections, or any of
975	them, or the hearing thereon, that the division of the district
976	into such unit or units as aforesaid should not be approved, or
977	that the proceedings and powers authorized by this section of
978	this act should not be had, taken, or exercised, or that any
979	other matter or thing embraced in said resolution would not be
980	in the best interest of the landowners of said unit or units or
981	would be unjust or unfair to any landowner therein or otherwise
982	inconsistent with fair and equal protection and enforcement of
983	the rights of every landowner in said unit or units, then the
984	board of supervisors shall not proceed further under such
985	resolution, but said board of supervisors may, as a result of
986	such hearing, modify or amend said resolution so as to meet such
987	objections so made, and thereupon said board may confirm said
988	resolution as so modified or amended and may thereafter proceed
989	accordingly. If said board of supervisors shall overrule or
990	refuse to sustain any such objections in whole or in part made
991	by any landowner in the district, or if any such landowner shall
992	deem himself or herself aggrieved by any action of the board of
993	supervisors in respect to any objections so filed, such
994	landowner may, within 10 days after the ruling of said board,
995	file his or her complaint in the Circuit Court for Sarasota
996	County, against said district, praying an injunction or other
997	appropriate relief against the action or any part of such action
998	proposed by such resolution or resolutions of said board, and
999	such suits shall be conducted like other suits, except that said
1000	suits shall have preference over all other pending actions
1001	except criminal actions and writs of habeas corpus. Upon the
1002	hearing of said cause, the circuit court shall have the power to
1003	hear the objections and receive the evidence thereon of all
1004	parties to such cause and approve or disapprove said resolutions
1005	and action of the board in whole or in part, and to render such
1006	decree in such cause as right and justice require.
1007	(2)  When said resolutions creating said unit or units
1008	shall be confirmed by the board of supervisors (or by the
1009	Circuit Court for Sarasota County, if such proposed action shall
1010	be challenged by a landowner by the judicial proceedings
1011	hereinabove authorized), the board of supervisors may adopt a
1012	plan of improvements or chapter 170 authorizing documents for
1013	and in respect to any or all such units, and to have the
1014	benefits and damages resulting therefrom assessed and
1015	apportioned as is provided by law in regard to a plan of
1016	improvements or chapter 170 authorizing documents for and
1017	assessments for benefits and damages of the entire district.
1018	With respect to the plan of improvements, notices, appointment
1019	of engineer to prepare a report assessing the benefits and
1020	damages, the engineer's report and notice and confirmation
1021	thereof, the levy of assessments, including maintenance
1022	assessments, the issuance of bonds, the exercise or use of
1023	chapter 170, Florida Statutes, proceedings and all other
1024	proceedings as to each and all of such units, said board shall
1025	follow and comply with the same procedure as is provided by law
1026	with respect to the entire district; and said board of
1027	supervisors shall have the same powers in respect to each and
1028	all of such units as is vested in them with respect to the
1029	entire district. All the provisions of this act shall apply to
1030	the improvement of each, any, and all of such units, and the
1031	enumeration of or reference to specific powers or duties of the
1032	supervisors or any other officers or other matters in this act
1033	as hereinabove set forth, shall not limit or restrict the
1034	application of any and all of the proceedings and powers herein
1035	for such units as fully and completely as if such unit or units
1036	were specifically and expressly named in every section and
1037	clause of this act where the entire district is mentioned or
1038	referred to. All assessments, levies, bonds, and other
1039	obligations made, levied, assessed, or issued for or in respect
1040	to any such unit or units shall be a lien and charge solely and
1041	only upon the lands in such unit or units, respectively, for the
1042	benefit of which the same shall be levied, made, or issued, and
1043	not upon the remaining units or lands in the district. The board
1044	of supervisors, upon an affirmative vote of a simple majority of
1045	qualified electors, as defined in chapter 189, Florida Statutes,
1046	within said unit voting in a referendum, or upon approval of the
1047	landowners of 51 percent of the acreage in said unit if there
1048	are no residents in said unit, may at any time amend its
1049	resolutions by changing the location and description of lands in
1050	any such unit or units and provided, further, that if the
1051	location or description of lands located in any such unit or
1052	units is so changed, notice of such change shall be published as
1053	hereinabove required in this section for notice of the formation
1054	or organization of such unit or units; provided, however, that
1055	no lands against which benefits shall have been assessed may be
1056	detached from any such unit after the final adoption of the
1057	engineer's report of benefits or chapter 170 authorizing
1058	document, in such unit or units or the issuance of bonds or
1059	other obligations which are payable from assessments for
1060	benefits levied upon the lands within such unit or units.
1061	(3)  Provided, however, that if, after adoption of the
1062	engineer's report of benefits chapter 170, authorizing document,
1063	in such unit or units, or the issuance of bonds or other
1064	obligations which are payable from assessments for benefits
1065	levied upon lands within such unit or units, the board of
1066	supervisors finds the plan of improvements, the engineer's
1067	report, or chapter 170 authorizing documents for any such unit
1068	or units insufficient or inadequate for efficient development,
1069	same may be amended or changed as provided in this act, chapter
1070	170 or chapter 298, Florida Statutes, and the unit or units may
1071	be amended or changed as provided in this section, by changing
1072	the location and description of lands in any such unit or units,
1073	by detaching lands therefrom or by adding land thereto, upon the
1074	approval of at least 51 percent of the landowners according to
1075	acreage, in any such unit, and provided that in such event all
1076	assessments, levies, fees, bonds, and other obligations made,
1077	levied, assessed, incurred, or issued for or in respect to any
1078	such unit or units may be allocated and apportioned to the
1079	amended unit or units in proportion to the benefits assessed by
1080	the engineer's report, for the amended plan of improvements and
1081	said report shall specifically provide for such allocation and
1082	apportionment. The landowners shall file their approval of or
1083	objections to such amended plan of improvements within the time
1084	provided in section 298.301, Florida Statutes, or, when used
1085	such applicable deadline provision, if any, of chapter 170,
1086	Florida Statutes, and shall file their approval of or objections
1087	to the amendment of such unit as provided in this section.
1088	(4)  No assessable lands shall be detached from any unit
1089	after the issuance of bonds or other obligations for such unit
1090	except upon the consent of a majority the holders, based on face
1091	value of the outstanding bonds, of such bonds or other
1092	obligations. In the event of the change of the boundaries of any
1093	unit as provided herein and the allocation and apportionment to
1094	the amended unit or units of assessments, levies, fees, bonds,
1095	and other obligations in proportion to the benefits assessed,
1096	the holder of the bonds or other obligations heretofore issued
1097	for the original unit who consents to such allocation and
1098	apportionment shall be entitled to all rights and remedies
1099	against any lands added to the amended unit or units as fully
1100	and to the same extent as if such added lands had formed and
1101	constituted a part of the original unit or units at the time of
1102	the original issuance of such bonds or other obligations, and
1103	regardless of whether the holders of such bonds or other
1104	obligations are the original holders thereof or the holders from
1105	time to time hereafter, and the rights and remedies of such
1106	holders against the lands in the amended unit or units,
1107	including any lands added thereto, under such allocation and
1108	apportionment, shall constitute vested and irrevocable rights
1109	and remedies to the holders from time to time of such bonds or
1110	other obligations as fully and to the same extent as if such
1111	bonds or other obligations had been originally issued to finance
1112	the improvements in such amended unit or units.
1113	(5)  Upon the formation of a unit, the board is authorized
1114	to levy a one-time organizational special assessment tax per
1115	acre on the lands in a unit sufficient to prepare a plan of
1116	improvements or chapter 170 authorizing documents and have the
1117	benefits assessed as provided herein.
1118	(6)  The territorial limits of a unit may be expanded to
1119	include additional land by agreement between the district and
1120	all of the landowners of the land to be included in the unit,
1121	provided that at the time of the execution of the agreement, the
1122	additional land is contained within the jurisdictional
1123	boundaries of the district. Land included in the unit by
1124	agreement shall thereafter be subject to the payment of all
1125	assessments or fees levied by the district in the unit and shall
1126	be subject to the provisions of all laws under which the
1127	district operates. The agreement shall be in recordable form and
1128	filed in the official records.
1129	(7)  The district shall not amend any plan of improvement
1130	for any unit in which any real property has been sold to the
1131	general public at large for residential and non-commercial
1132	purposes, in such a way that said amendment results in any
1133	increase in the principal amount of debt then authorized for
1134	that unit, without an affirmative vote of a simple majority of
1135	qualified electors, as so defined in chapter 189, Florida
1136	Statutes, within said unit voting in a referendum.
1137	Section 12.  Eminent domain.--The said board of supervisors
1138	is hereby authorized and empowered, when reasonably necessary
1139	for the implementation of district authorized public
1140	infrastructure works, facilities, or services, to exercise
1141	within the district, with prior approval by resolution of the
1142	governing body of the district, and the municipality or outside
1143	the district's territorial boundaries and within the City of
1144	North Port with prior approval, by resolution, of the City of
1145	North Port City Commission, (which approval shall not be
1146	unreasonably withheld), the right and power of eminent domain,
1147	pursuant to the provisions of chapters 73 and 74, Florida
1148	Statutes, over any property within the district and the City of
1149	North Port or unincorporated Sarasota County, except municipal,
1150	county, state, and federal property, for the uses and purposes
1151	of the district relating solely to water, sewer, district roads,
1152	and water management, specifically including, without
1153	limitation, the power for the taking of easements for the
1154	drainage of the land of one person over and through the land of
1155	another; however, the exercise of any such power of eminent
1156	domain:
1157	(1)  Within the territorial boundaries of the City of North
1158	Port, whether or not within the district boundaries, shall
1159	require the prior approval, by resolution, of the City of North
1160	Port City Commission (which approval shall not be unreasonably
1161	withheld); or
1162	(2)  Within the unincorporated area, whether or not within
1163	the district boundaries, shall require the prior approval, by
1164	resolution, of the Board of County Commissioners of Sarasota
1165	County (which approval shall not be unreasonably withheld).
1166	Section 17.  Territorial boundaries.--
1167	(1)  The territorial boundaries of the district shall be as
1168	follows, to wit:
1169
1170	LANDS LOCATED IN TOWNSHIP 39 SOUTH, RANGE 20 EAST,
1171	SARASOTA COUNTY, FLORIDA:
1172
1173	That part of Section 21, lying Southwesterly of County
1174	Road No. 777 (West River Road). All that part of
1175	Section 28, lying West of County Road No. 777 (West
1176	River Road). All of Section 29, less and except the
1177	following:
1178
1179	Right-of-way for U. S. Highway No. 41 (State Road No.
1180	45). All of Section 30, less and except the following:
1181	Right-of-way for U. S. Highway No. 41 (State Road No.
1182	45); That portion conveyed to Florida Power and Light
1183	Company consisting of approximately 4.66 acres in the
1184	SW1/4 as described in Official Record Book 1036, Page
1185	802, Public Records of Sarasota County, Florida; That
1186	portion lying West of lands described in Official
1187	Record Book 1036, Page 802, South of the westerly
1188	extension of the North line of said lands described in
1189	Official Records Book 1036, Page 802, and North of the
1190	northerly Right of Way line of U.S. Highway No. 41.
1191	All of Section 31, less and except the following:
1192	Right-of-way of U. S. Highway No. 41 (State Road No.
1193	45). All of Section 32, less and except the following:
1194	Right-of-way of U. S. Highway No. 41 (State Road No.
1195	45); That portion conveyed in Official Record Book
1196	2785, Page 634 of the Public Records of Sarasota
1197	County, Florida, (Sarasota County Hospital Board);
1198	That portion conveyed in Official Record Book 1571,
1199	Page 2172 of the Public Records of Sarasota County,
1200	Florida, (Manatee Community College); Right-of-way for
1201	Pine Street Extension as recorded in Official Record
1202	Book 2536, pages 811-974 of The Public Records of
1203	Sarasota County, Florida; That portion conveyed in
1204	Official Record Book 2785, Page 641 of the Public
1205	Records of Sarasota County, Florida, (120 wide
1206	perpetual Non-Exclusive easement); That portion lying
1207	South of lands conveyed in Official Record Book 1571,
1208	Page 2172 and East of lands described in Official
1209	Record Book 2785, Page 641, Public Records of Sarasota
1210	County, Florida. That portion of Section 33, lying
1211	North of U.S. Highway No. 41 (State Road No. 45) and
1212	West of County Road #777 (West River Road); also that
1213	portion of Section 33, lying South of U.S. Highway No.
1214	41 (State Road No. 45), West of a 200 ft. wide access
1215	easement described in Official Records Book 2389, Page
1216	528, Public Records of Sarasota County, Florida, and
1217	North of lands conveyed in Official Records Book 1571,
1218	Page 2172, Public Records of Sarasota County, Florida;
1219	also that portion of Section 33, lying South of U.S.
1220	Highway No. 41 (State Road No. 45), described as
1221	follows:
1222
1223	COMMENCE at the East Quarter Corner of Section 33,
1224	Township 39 South, Range 20 East, Sarasota County
1225	Florida; thence S. 00°16'02"W., along the East line of
1226	said Section 33, a distance of 289.08 feet to a point
1227	on the Southerly Right of Way Line of U.S. Highway No.
1228	41, (State Road No. 45) per Florida Department of
1229	Transportation Right of Way Map Section 17010-2508,
1230	same being a point on a curve to the right having a
1231	radius of 3011.73 feet, a central angle of 24°58'49",
1232	a chord bearing of N. 66?51'56"W., and a chord length
1233	of 1032.71 feet; thence along the arc of said curve
1234	and said Southerly Right of Way of U.S. No. 41, an arc
1235	length of 1313.08 feet to the point of tangency of
1236	said curve; thence N. 54°22'31"W., along said
1237	southerly Right of Way, a distance of 66.57 feet to
1238	the POINT OF BEGINNING, same being the Northwest
1239	corner of Lands described in Official Records
1240	Instrument No. 1998166153, per Public Records of
1241	Sarasota County, Florida; thence along the Westerly
1242	line of said Lands described in Official Records
1243	Instrument No. 1998166153 the following three (3)
1244	courses and distances; (1) S. 35°37'26"W., a distance
1245	of 161.93 feet to the point of curvature of a curve to
1246	the right having a radius of 559.97 feet, a central
1247	angle of 29?49'56", a chord bearing of S. 50°32'24"W.,
1248	and a chord length of 288.28 feet; (2) thence along
1249	the arc of said curve an arc length of 291.56 feet to
1250	the end of said curve; (3) thence S. 00°01'27"W., a
1251	distance of 1074.23 feet; thence N. 48°24'50"W.,
1252	leaving said Westerly Line, a distance of 2914.38 feet
1253	to the Northeast corner of Lands described as Manatee
1254	Community College per Official Records Book 1571, Page
1255	2172, same being the point of curvature of a curve to
1256	the left having a radius of 4577.37 feet, a central
1257	angle of 06°20'23", a chord bearing of N. 60°40'02"W.,
1258	and a chord length of 506.22 feet; thence along the
1259	arc of said curve and Northerly Line of Lands
1260	described as Manatee Community College, an arc length
1261	of 506.48 feet to the end of said curve, same being
1262	the Southeast corner of lands described in Official
1263	Records Book 2389, Page 529, Public Records of
1264	Sarasota County, Florida; thence N. 65°18'18"E., along
1265	the Easterly Line of said lands, a distance of 188.09
1266	feet; thence continue N. 00°00'19"W., along said
1267	Easterly Line, a distance of 144.96 feet to the
1268	Northeast corner of said Lands; thence N. 65°21'46"W
1269	along the Northerly Line of said Lands, a distance of
1270	400.68 feet to the Northwest corner of said Lands,
1271	same being a point on the Easterly Line of a 200 foot
1272	wide access Easement per Official Records Book 1571,
1273	Pages 2172 through 2175 and Official Records Book
1274	2389, Pages 528 through 530, Public Records of
1275	Sarasota County, Florida; thence N. 00°30'25"E., along
1276	the Easterly Line of said 200 foot wide access
1277	Easement, a distance of 786.89 feet to the Southerly
1278	Right of Way of U.S. No. 41, same being a point on a
1279	curve to the right having a radius of 5597.58 feet, a
1280	central angle of 03?08'33", a chord bearing of S.
1281	69°13'16"E., and a chord length of 306.97 feet; thence
1282	along the arc of said curve an arc length of 307.01
1283	feet to the end of said curve; thence continue along
1284	said Southerly Right of Way Line the following
1285	fourteen (14) courses and distances; (1) S.
1286	22°19'13"W., a distance of 10.00 feet to the point of
1287	curvature of a curve to the right having a radius of
1288	5587.58 feet, a central angle of 00?45'15", a chord
1289	bearing of S. 67°16'21"E., and a chord length of 73.55
1290	feet; (2) thence along the arc of said curve an arc
1291	length of 73.55 feet; (3) thence N. 23°06'16"E., a
1292	distance of 10.00 feet to the point of curvature of a
1293	curve to the right having a radius of 5597.58 feet, a
1294	central angle of 08°17'44", a chord bearing of S.
1295	62°44'52"E., and a chord length of 809.74 feet; (4)
1296	thence along the arc of said curve an arc length of
1297	810.45 feet; (5) thence S. 31°08'57"W., a distance of
1298	10.00 feet to the point of curvature of a curve to the
1299	right having a radius of 5587.58 feet, a central angle
1300	of 00°45'12", a chord bearing of S. 58°13'22"E., and a
1301	chord length of 73.47 feet; (6) thence along the arc
1302	of said curve an arc length of 73.47 feet; (7) thence
1303	N. 32°24'25"E., a distance of 10.00 feet to the point
1304	of curvature of a curve to the right having a radius
1305	of 5597.58 feet, a central angle of 03°28'13",a chord
1306	bearing of S. 56°06'38"E., and a chord length of
1307	338.98 feet; (8) thence along the arc of said curve an
1308	arc length of 339.03 feet to the end of said curve;
1309	thence (9) S. 56°35'34"E.; a distance of 155.08 feet;
1310	(10) thence S. 54°22'31"E., a distance of 1102.52
1311	feet; (11) thence S. 51°00'40"E., a distance of 101.66
1312	feet; (12) thence S. 54°20'43"E., a distance of 199.02
1313	feet; (13) thence S. 48°43'03"E., a distance of 100.71
1314	feet; (14) thence S. 54°22'31"E., a distance of 447.75
1315	feet to the POINT OF BEGINNING.
1316
1317	That portion of the North Half of the Southwest
1318	Quarter of the Northwest Quarter of Section 34, lying
1319	West of River Road (County Road No. 777); also that
1320	portion of the Southeast Quarter of Section 34, lying
1321	West of the Myakka River, South of the South line of
1322	lands described in Official Record Instrument No.
1323	2000002794, Public Records of Sarasota County, Florida
1324	(River Road Office Park, Inc.), and easterly of the
1325	maintained right of way line of a paved road running
1326	from River Road to the South line of the Northeast
1327	Quarter of said Section 34, (Old River Road), less and
1328	except the following: That portion described in
1329	Official Record Instrument No. 1999111833, Public
1330	Records of Sarasota County, Florida, (Right of Way for
1331	County Road No. 777). All of Section 35 lying West of
1332	the Myakka River. Also, a portion of Sections 32, 33
1333	and 34, Township 39 South, Range 20 East, Sarasota
1334	County, Florida, being more particularly described as
1335	follows: BEGIN at the Southeast corner of Section 32,
1336	Township 39 South, Range 20 East; thence N.
1337	89°04'43"W., along the South line of said Section 32,
1338	a distance of 410.14 feet to the Southeast corner of
1339	the lands described in Official Records Book 2785 at
1340	Page 634, of the Public Records of Sarasota County,
1341	Florida; thence N. 00°30'25"E., along the East line of
1342	said lands described in Official Records Book and
1343	Page, same being the West line of a 120.00 foot wide
1344	Perpetual Non-exclusive Easement per Official Records
1345	Book 2785 at Page 641, a distance of 1400.76 feet to a
1346	point on the westerly extension of the southerly
1347	boundary line of lands described in Official Records
1348	Book 1571 at Page 2172, of the Public Records of
1349	Sarasota County, Florida; thence along the westerly
1350	extension and boundary of said lands described in
1351	Official Records Book 1571, at Page 2172 the following
1352	two (2) courses: (1) S. 89°29'35"E., a distance of
1353	1960.21 feet; (2) thence N. 00°30'25"E., a distance of
1354	2062.70 feet to the Northeast corner of said lands;
1355	thence S. 48°24'50"E., a distance of 2914.38 feet to
1356	the Southwest corner of lands described in Official
1357	Records Instrument 1998166154, of the Public Records
1358	Sarasota County, Florida; thence along the boundary of
1359	said lands described in Official Records Instrument
1360	1998166154 the following three (3) courses: (1) S.
1361	89°58'33"E., a distance 676.50 feet; (2) thence N.
1362	00°01'27"E., a distance of 752.33 feet; (3) thence N.
1363	28°06'22"E., a distance of 362.06 feet to a point on
1364	the southerly right of way line of U.S. Highway No.
1365	41, as per Florida Department of Transportation Right
1366	of Way Map, Section 17010-2508, said point being on a
1367	curve concave to the northeast and having a radius of
1368	3011.73 feet, a central angle of 14°28'18", a chord
1369	bearing of S. 72°07'12"E. and a chord distance of
1370	758.67 feet; thence in an easterly direction, along
1371	the arc of said curve, an arc distance of 760.69 feet
1372	to a point on the West line of Section 34, Township 39
1373	South, Range 20 East, Sarasota County, Florida; thence
1374	S. 00°16'02"W., along the West line of said Section
1375	34, and leaving said southerly right of way line, a
1376	distance of 379.82 feet; thence S. 89°37'27"E., a
1377	distance of 1329.90 feet to a point on the westerly
1378	right of way line of County Road #777 (South River
1379	Road) as per Florida Department of Transportation
1380	Right of Way Map, Section 17550-2601; thence along
1381	said westerly right of way line, the following six (6)
1382	courses; (1) S. 00°07'30"W., a distance of 5.48 feet;
1383	(2) thence S. 89°23'52"E., a distance of 9.74 feet;
1384	(3) thence S. 36°39'07"E., a distance of 64.18 feet to
1385	the point of curvature of a circular curve to the
1386	right, having a radius of 5599.32 feet, a central
1387	angle of 02°00'54", a chord bearing of S. 35°38'40"E.
1388	and a chord distance of 196.90 feet; (4) thence
1389	southeasterly, along the arc of said curve, an arc
1390	distance of 196.91 feet to the end of said curve; (5)
1391	thence N. 55°21'47"E., radial to the last described
1392	curve, a distance of 20.00 feet to a point on a curve
1393	concentric with the last described curve and having a
1394	radius of 5619.32 feet, a central angle of 15°31'30",
1395	a chord bearing of S. 26°52'28"E. and a chord distance
1396	of 1517.98 feet; (6) thence in a southerly direction
1397	along the arc of said curve, an arc distance of
1398	1522.64 feet to the Northeast corner of lands
1399	described in Official Records Instrument 2000002794,
1400	of the Public Records Sarasota County, Florida; thence
1401	S. 78°41'04"W., along the northerly line of said lands
1402	described in Official Records Instrument 2000002794, a
1403	distance of 2240.20 feet to the Southeast corner of
1404	Section 33, Township 39 South, Range 20 East, Sarasota
1405	County, Florida; thence N. 89°39'52"W., along the
1406	South line of said Section 33, a distance of 5318.90
1407	feet to the POINT OF BEGINNING.
1408
1409	LANDS LOCATED IN TOWNSHIP 40 SOUTH, RANGE 20 EAST,
1410	SARASOTA COUNTY, FLORIDA:
1411
1412	All of Section 3, less and except the following: That
1413	portion conveyed in Order of Taking recorded in
1414	Official Record Book 2679, Page 2750-2754, of the
1415	Public Records of Sarasota County, Florida (County
1416	Road No 777); That portion conveyed in Official Record
1417	Instrument No. 2000002794 of the Public Records of
1418	Sarasota County, Florida, (River Road Office Park,
1419	Inc.); The maintained right-of-way of County Road No.
1420	777 (South River Road). All of Section 4, Less and
1421	except the following: That portion described in
1422	Official Record Instrument No. 2000002794, of the
1423	Public Records of Sarasota County, Florida, (River
1424	Road Office Park, Inc.). All of Section 5, less and
1425	except the following: Right-of-way conveyed for Pine
1426	Street Extension recorded in Official Record Book
1427	2536, Page 811-974, of the Public Records of Sarasota
1428	County, Florida. All of Section 6, less and except the
1429	following: Right-of-way conveyed for Pine Street
1430	Extension recorded in Official Record Book 2536, Page
1431	811-974, of the Public Records of Sarasota County,
1432	Florida. All of Section 7, less and except the
1433	following: Right-of-way conveyed for Pine Street
1434	Extension recorded in Official Record Book 2536, Page
1435	811-974, of the Public Records of Sarasota County,
1436	Florida. All of Section 8. All of Section 9. All of
1437	Section 10, less and except the following: The
1438	maintained right-of-way for County Road No. 777 (South
1439	River Road) ALL OF THE ABOVE ARE SUBJECT TO EASEMENTS
1440	OF RECORD, OR OTHERWISE, USED FOR DRAINAGE, UTILITIES
1441	AND/OR INGRESS AND EGRESS.
1442
1443	The above described property contains a total of
1444	8193.7478 acres more or less.
1445
1446	(2)  The territorial limits of West Villages Improvement
1447	District shall also embrace and include those parcels of land
1448	described as follows:
1449
1450	LANDS LOCATED IN TOWNSHIP 39 SOUTH, RANGE 20 EAST,
1451	SARASOTA COUNTY, FLORIDA:
1452
1453	All that part of Section 21, as lies Southwesterly of
1454	County Road # 777 (West River Road). All that part of
1455	Section 28 lying West of County Road # 777 (West River
1456	Road). All that part of Section 32, described as
1457	follows:
1458
1459	Commence at the Northeast corner of said Section 32;
1460	thence S.00E30'23"W., along the easterly line of the
1461	Northeast 1/4 of said Section 32, a distance of
1462	2658.68 feet to the southeast corner of said Northeast
1463	1/4; thence N.89E23'27"W. a distance of 290.00 feet to
1464	the POINT OF BEGINNING; thence N.00E30'23"E., parallel
1465	with the easterly line of said Section 32, a distance
1466	of 2497.34 feet to the southerly right-of-way of U.S.
1467	Highway 41, being a point on a curve to the left the
1468	center of which lies S.06E30'20"W., a radial distance
1469	of 5603.58 feet; thence along the arc in a westerly
1470	direction, passing through a central angle of
1471	01E13'57", a distance of 120.53 feet; thence
1472	S.00E30'23"W., a distance of 5165.77 feet; thence
1473	S.89E05'08"E., a distance of 120.00 feet; thence
1474	N.00E30'23"E., a distance of 2657.98 feet to the POINT
1475	OF BEGINNING.
1476
1477	All that part of Section 33, described as follows:
1478	Commence at the NW corner of Section 33, Township 39
1479	South, Range 20 East, Sarasota Florida; run thence S.0
1480	degrees 30'44"W. along the westerly line of said
1481	Section 33, 105.39' to the centerline of U.S. 41;
1482	thence continue S.0 degrees 30'44"W. along said
1483	westerly line 1372.36'; thence S.89 degrees 29'16"E.
1484	along the northerly line of Tract, 810' to the POINT
1485	OF BEGINNING of said centerline of said 200 foot wide
1486	Tract; thence N.0 degrees 30'44"E., parallel to the
1487	said westerly line of Section 33, 1078.74' to the
1488	southerly right-of-way line of U.S. 41 (right-of-way
1489	being 100 feet from centerline at this point) for a
1490	POINT OF TERMINATION.
1491
1492	All that part of Section 34 described as follows: The
1493	North Half of the Northwest Quarter of the Southwest
1494	Quarter lying South of U.S. Highway #41 (State Road
1495	#45) and West of the right of way of County Road #777
1496	(as realigned) in Official Records Book 2679 at Pages
1497	2750-2574, LESS the following described lands: East
1498	200' (as measured along the South Right-of-Way of
1499	Tamiami Trail, or arc distance) of the West 392.7 feet
1500	measured along the South Right-of-Way of said Tamiami
1501	Trail, arc distance; on the following described
1502	property: That portion of the Northwest 1/4 of the
1503	Northwest 1/4 of the Southwest 1/4 of Section 34,
1504	Township 39 South, Range 20 East, Sarasota County,
1505	Florida, lying South of Tamiami Trail and being more
1506	particularly described as follows: Begin at the West
1507	1/4 of section corner of Section 34, Township 39
1508	South, Range 20 East and run South on the section line
1509	196.71 feet to the South Right-of-Way line of the
1510	Tamiami Trail for a Point of Beginning: thence
1511	continue S.89E58'00"E 659 feet; thence N.00E00'20"W
1512	424.57 feet to the South Right-of-Way of the said
1513	Tamiami Trail; thence in a Northwesterly direction
1514	along the curve of said Tamiami Trail a distance of
1515	662.5 feet to the Point of Beginning. Said above
1516	described lands being more particularly described and
1517	surveyed as follows: Commence at the West quarter
1518	corner of said Section 34, thence South along the
1519	Westerly section line of said Section 34, a distance
1520	of 668.85 feet; thence S.89E58'00"E. a distance of
1521	190.40 feet to the Point of Beginning of this
1522	description. Thence N.00E00'00"E. a distance of 350.24
1523	feet to a point on the Southerly Right-of-Way line of
1524	Tamiami Trail also known as STATE ROAD No. 45. and
1525	U.S. 41 as per Florida Department of Transportation
1526	Right-of-Way maps Section No. 17010-2508 (204' Right-
1527	of-Way) said point also being on the arc of a circular
1528	curve to the left whose radius point bears
1529	N.06E36'51"E., thence along the arc of said curve in
1530	an easterly direction through a central angle of
1531	03E48'13", having a radius distance of 3011.73 feet,
1532	an arc distance of 199.93 feet; thence South leaving
1533	said Right-of-Way line a distance of 333.93 feet;
1534	thence N.89E58'00"W. a distance of 199.22 feet to the
1535	Point of Beginning; The NE 1/4 of the SW 1/4, lying
1536	easterly of right of way for County Road #777 (as
1537	realigned) as per Official Records Book 2679, at Pages
1538	2750-2754, Less the NW 1/4 of the NE 1/4 of the SW
1539	1/4, Also Less lands described in Official Records
1540	Instrument Number 1999111833; That part of the West
1541	Half of the SE 1/4, lying westerly of maintained right
1542	of way for South River Road (Old River Road), and
1543	northerly of lands described in Official Records
1544	Instrument Number 1999111833.
1545
1546	IN TOWNSHIP 40 SOUTH, RANGE 20 EAST, SARASOTA COUNTY,
1547	FLORIDA:
1548
1549	All of Section 15, less and except the following: The
1550	maintained right-of-way for County Road #777 (South
1551	River Road); Right-of-way conveyed in Official Records
1552	Instrument Number 2000163556.
1553
1554	All of Section 17, less and except the following:
1555	Right-of-way conveyed for Pine Street Extension
1556	recorded in Official Record Book 2536, Page 811-974,
1557	of the Public Records of Sarasota County, Florida.
1558
1559	All of Section 18, less and except the following:
1560	Right-of-way conveyed for Pine Street Extension
1561	recorded in Official Record Book 2536, Page 811-974,
1562	of the Public Records of Sarasota County, Florida.
1563
1564	All of Section 19, less and except the following:
1565	Right-of-way conveyed for Pine Street Extension
1566	recorded in Official Record Book 2536, Pages 811-974,
1567	of the Public Records of Sarasota County, Florida.
1568
1569	All of Section 20, less and except the following:
1570	Right-of-way conveyed for Pine Street Extension
1571	recorded in Official Record Book 2536, Pages 811-974,
1572	of the Public Records of Sarasota County, Florida;
1573	Maintained right-of-way for County Road #777 (South
1574	River Road).
1575
1576	All of Section 21, less and except the following:
1577	Maintained right-of-way for County Road #777 (South
1578	River Road); The SW 1/4 of the SE 1/4; The North 50
1579	feet of the South 380 feet of the SW 1/4 lying East of
1580	County Road #777 (South River Road); Right-of-way
1581	conveyed in Official Record Book 2097, Page 396, of
1582	the Public Records of Sarasota County, Florida; Right-
1583	of-way conveyed in Official Records Instrument Number
1584	2000163556.
1585
1586	Parcel Contains 3739.9714 Acres more or less.
1587	Section 19.  Limitations of powers.--All governmental
1588	planning, environmental, and land development laws, regulations,
1589	and ordinances apply to all development of the land within the
1590	district. The district does not have the power of a local
1591	government to adopt a comprehensive plan, building code, zoning
1592	code, or land development code, as those terms are defined in
1593	the Local Government Comprehensive Planning and Land Development
1594	Regulation Act. The district shall take no action which is
1595	inconsistent with applicable comprehensive plans, ordinances, or
1596	regulations of the applicable local general-purpose government.
1597	Nothing in this act shall create any delegation of any
1598	responsibilities or authorities from Sarasota County or the City
1599	of North Port to the district. Notwithstanding anything to the
1600	contrary, as to any lands located within the City of North Port
1601	jurisdictional boundaries or the unincorporated area, the
1602	district shall be required to obtain any and all permits for
1603	infrastructure planning and construction from the City of North
1604	Port or Sarasota County, respectively, that would otherwise be
1605	required of a private entity performing the same work. The
1606	district shall not have the power to supersede supercede,
1607	contravene, or overrule any development or annexation agreements
1608	entered into by landowners within or outside of the district or
1609	any City of North Port joint planning agreements or interlocal
1610	agreements with Sarasota County or any other governmental
1611	entities.
1612	Section 2.  Referendum.--No expansion of the territorial
1613	boundaries of the district shall be effective until a landowner
1614	referendum is conducted by the board of supervisors within 60
1615	days after the effective date of this act on the question of
1616	expanding the territorial boundaries of the district. All
1617	landowners (which include the landowners within the current
1618	district and expanded district boundaries) are entitled to vote
1619	in the referendum held pursuant to this section. The referendum
1620	shall be held on a one-acre, one-vote basis at the expense of
1621	the district. If the landowners approve the referendum described
1622	in this section by a majority vote of the acreage cast, then
1623	this act shall take effect immediately.
1624	Section 3.  This act shall take effect only upon its
1625	approval by a majority vote of those qualified landowners of the
1626	area described in section 17, as amended, voting in a referendum
1627	to be held by the Board of Supervisors of the West Villages
1628	Improvement District voting in a special election, except that
1629	this section and section 2 shall take effect upon becoming a
1630	law.

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