1 | A bill to be entitled |
2 | An act relating to the East County Water Control District, |
3 | Lee and Hendry Counties; amending chapter 2000-423, Laws |
4 | of Florida, as amended; changing the name of the district |
5 | to the Improvement District of Lehigh Acres; amending the |
6 | boundaries of the district; providing for a board of |
7 | commissioners in lieu of a board of supervisors; providing |
8 | that the board may provide water and sewer services and |
9 | levy non-ad valorem assessments or user fees; revising |
10 | meeting attendance requirements for commissioners; |
11 | providing penalties for unexcused absences from meetings; |
12 | providing for a referendum; providing an effective date. |
13 |
|
14 | Be It Enacted by the Legislature of the State of Florida: |
15 |
|
16 | Section 1. The charter of the East County Water Control |
17 | District, as codified in section 3 of chapter 2000-423, Laws of |
18 | Florida, as amended by chapters 2003-315, 2005-308, and 2006- |
19 | 319, Laws of Florida, is amended to read: |
20 | Section 1. Creation; Status; Charter amendments; District |
21 | boundaries.-- |
22 | (1) The decree of the circuit court in and for the twelfth |
23 | (12th) judicial circuit, Lee County, entered in chancery no. |
24 | 12,429 on May 5, 1958, created the East County Water Control |
25 | District, and the subsequent decree of the circuit court in and |
26 | for the twelfth (12th) judicial circuit, Lee County, extended |
27 | the boundaries of said District to include additional lands in |
28 | Lee County and Hendry County, said decree being entered in |
29 | chancery no. 12,429 on May 26, 1961, together with all |
30 | subsequent proceedings taken in said circuit court concerning |
31 | said District which were ratified, confirmed, and approved by |
32 | special act of the Legislature in 1963. The East County Water |
33 | Control District, hereinafter renamed the "Improvement District |
34 | of Lehigh Acres," is therefore declared to exist as an |
35 | independent special district. |
36 | (2) The boundaries of the District are hereby declared to |
37 | be as follows: |
38 | LANDS IN LEE COUNTY, FLORIDA |
39 | TOWNSHIP 43 SOUTH, RANGE 26 EAST |
40 | SECTION 25: |
41 | The following portions of Section 25; |
42 | The East 1/2 of the Northeast 1/4 of the Northeast |
43 | 1/4, together with |
44 | The Northeast 1/4 of the Southeast 1/4 of the |
45 | Northeast 1/4 |
46 | TOWNSHIP 43 SOUTH, RANGE 27 EAST |
47 | SECTION 19: |
48 | Commencing at the Southeast corner of Government Lot 5 |
49 | of said Section 19, said point also being the |
50 | Southeast Corner of the Southwest 1/4 South 1/4 |
51 | Section Corner of said Section 19; thence North 89° |
52 | 32' 09" West along the South line of said Section 19, |
53 | a distance of 941.17 941.16 feet to the POINT OF |
54 | BEGINNING, thence continuing along the south line of |
55 | said Section 19 a distance of 623.70 feet; thence |
56 | North 00°33' 48" West along the west line of lands |
57 | described in Book 4433, Page 952-953 of the Official |
58 | Records of Lee County, Florida a distance of 579.14 |
59 | feet to a point on the southerly right-of-way of the |
60 | Caloosahatchee River Canal; thence North 72° 41' 35" |
61 | East along said right-of-way a distance of 264.64 |
62 | feet; thence North 50°57' 38" East along said right-of |
63 | way a distance of 399.11 feet; thence North 84°04' 34" |
64 | East along said right-of-way a distance of 57.98 feet |
65 | to the northeast corner of lands described in Book |
66 | 3558, Page 3183-3185 of the Official Records of Lee |
67 | County, Florida; thence South 00° 33' 49" East along |
68 | the east line of said lands a distance of 920.30 feet |
69 | to the POINT OF BEGINNING and there terminate of this |
70 | description; thence North 00° 33' 49" West, a distance |
71 | of 961.01 feet to the Southerly United States |
72 | Government Easement line of the Caloosahatchee River; |
73 | thence continuing North 00° 33' 48" West, a distance |
74 | of 90 feet, more or less, to the Southerly waters edge |
75 | of the said Caloosahatchee River; thence Southwesterly |
76 | along the meanders of said Southerly waters edge of |
77 | the Caloosahatchee River, a distance of 780 feet, more |
78 | or less; thence South 00° 33' 48" East, a distance of |
79 | 50 feet, more or less, to the said Southerly United |
80 | States Government Easement line of the Caloosahatchee |
81 | River; thence continuing South 00° 33' 48" East, a |
82 | distance of 578.75 feet to the said South line of |
83 | Section 19; thence South 89° 32' 09" East along the |
84 | said South line of Section 19 to the POINT OF |
85 | BEGINNING, LESS the Easterly 35.80 feet of the above |
86 | described parcel. |
87 | SECTION 30: |
88 | The following portions of Section 30; |
89 | That portion of the West 1/2 of said Section 30 lying |
90 | North of State Road 80, LESS the West 118.40 feet |
91 | thereof. |
92 | That portion of the Northwest 1/4 of the Northeast 1/4 |
93 | of Section 30 lying North of State Road 80. |
94 | That portion of Section 30 lying South of the |
95 | Southerly Right-of-Way line of State Road 80, LESS the |
96 | West 200.00 feet of said Section 30 lying South of |
97 | Hickey's Creek, |
98 | AND LESS lots 18 thru 28, Lots 31 and 32, Lots 37 and |
99 | 38, Lots 41 thru 44 all as shown on Pine Creek Acres, |
100 | Unit No. 1 as recorded in Plat Book 10, Page 13 of the |
101 | Public Records of Lee County, Florida. |
102 | AND LESS Lot 1, Lots 23 and 24, Lots 27 and 28, the 50 |
103 | foot Right-of-Way for Dixie Lane and that portion of |
104 | the 50 foot Right-of-Way for Pine Boulevard lying |
105 | Easterly of a line connecting the Northeast corner of |
106 | Lot 92 with the Southeast corner of Lot 35 all as |
107 | shown on Pine Creek Acres, Unit No. 2 as recorded in |
108 | Plat Book 10, Page 74 of the said Public Records, |
109 | AND LESS the following described parcel; |
110 | BEGINNING at the Northeast corner of Pine Creek Acres, |
111 | Unit No. 1 as recorded in Plat Book 10, Page 13 of the |
112 | said Public Records; thence South 00° 56' 00" East |
113 | along the East line of said Pine Creek Acres, Unit No. |
114 | 1 and the Southerly projection thereof, a distance of |
115 | 223.86 feet; thence North 89° 35' 20" East, a distance |
116 | of 166.20 feet; thence North 00° 24' 40" West, a |
117 | distance of 203.00 feet to the said Southerly Right- |
118 | of-Way line of State Road 80; thence North 82° 54' 00" |
119 | West along the said Southerly Right-of-Way line of |
120 | State Road 80 to the POINT OF BEGINNING, |
121 | AND LESS the following described parcel; |
122 | Commencing at the said Northeast corner of Pine Creek |
123 | Acres, Unit No. 1; thence South 82° 54' 00" East along |
124 | the said Southerly Right-of-Way line of State Road 80, |
125 | a distance of 307.31 thence South 00° 56' 00" East |
126 | along the said East line of Pine Creek Acres, Unit No. |
127 | 1 and the Southerly projection thereof, a distance of |
128 | 223.86 feet; thence North 89° 35' 20" East, a distance |
129 | of 166.20 feet; thence North 00° 24' 40" West, a |
130 | distance of 203.00 feet to the said Southerly Right- |
131 | of-Way line of State Road 80, thence South 82° 54' 00" |
132 | East along the said Southerly Right-of-Way line of |
133 | State Road 80, a distance of 137.61 feet to the POINT |
134 | OF BEGINNING of this description; thence South 00° 24' |
135 | 40" East, a distance of 237.58 feet; thence North 89° |
136 | 35' 20" East, a distance of 209.19 feet; thence South |
137 | 00° 24' 40" East, a distance of 918.16 feet; thence |
138 | North 89° 35' 20" East, a distance of 420.00 feet; |
139 | thence North 00° 24" 40" West, a distance of 1069.39 |
140 | feet to the said Southerly Right-of-Way line of State |
141 | Road 80; thence Northwesterly along the said Southerly |
142 | Right-of-Way line of State Road 80 to the POINT OF |
143 | BEGINNING, |
144 | AND LESS the following described parcel; |
145 | BEGINNING at the intersection of the East line of the |
146 | Northwest 1/4 of the Northeast 1/4 of said Section 30 |
147 | and the said Southerly Right-of-Way line of State Road |
148 | 80; thence South 00° 24' 40" East along the East line |
149 | of the West 1/2 of the Northeast 1/4 of said Section |
150 | 30 to a point which is South 00° 24' 40" East, a |
151 | distance of 129.00 feet from the Northwest corner of |
152 | the Southeast 1/4 of the Northeast 1/4 of said Section |
153 | 30; thence South 89° 41' 55" East along a line |
154 | parallel with the North line of the said Southeast 1/4 |
155 | of the Northeast 1/4, a distance of 337.00 feet; |
156 | thence North 00° 24' 40" West to the said Southerly |
157 | Right-of-Way line of State Road 80; thence North 81° |
158 | 08' 00" West along the said Southerly Right-of-Way |
159 | line of State Road 80 to the POINT OF BEGINNING. |
160 | SECTION 31: |
161 | The following portions of Section 31; |
162 | The West 1/2, together with |
163 | The West 1/2 of the Southeast 1/4, together with |
164 | The Southeast 1/4 of the Southeast 1/4, together with |
165 | The Southwest 1/4 of the Northeast 1/4, together with |
166 | The Southwest 1/4 of the Northwest 1/4 of the |
167 | Northeast 1/4, together with |
168 | The Northeast 1/4 of the Northeast 1/4 of the |
169 | Northeast 1/4 |
170 | SECTION 36: |
171 | The East 1/2 of Section 36, LESS the Northwest 1/4 of |
172 | the Northeast 1/4 thereof. |
173 | TOWNSHIP 44 SOUTH, RANGE 26 EAST |
174 | SECTION 1-3: |
175 | All of Sections 1, 2 and 3. |
176 | SECTION 4: |
177 | The East 1/2 of Section 4. |
178 | SECTION 10: |
179 | The following portions of Section 10; |
180 | The East 1/2 of the Southeast 1/4, together with |
181 | The Northwest 1/4 of the Southeast 1/4. |
182 | SECTIONS 11-14: |
183 | All of Sections 11, 12, 13 and 14. |
184 | SECTION 15: |
185 | The East 1/2 of the East 1/2 of Section 15. |
186 | SECTION 16: |
187 | The following portions of Section 16; |
188 | All of Units 1 through 5 of "Lehigh Acres" as recorded |
189 | in Plat Book 27, Page 186 of the Public Records of Lee |
190 | County, Florida together with, |
191 | Lot 16, Block 36 of "Buckingham Park, Northwest |
192 | Section" as recorded in Plat Book 9, Page 92 of the |
193 | said Public Records. |
194 | SECTION 19: |
195 | The following portions of Section 19; |
196 | The Southeast 1/4, together with |
197 | That portion of the Northeast 1/4 of said Section 19 |
198 | lying South of Buckingham Road. |
199 | SECTION 20: |
200 | The following portions of Section 20; |
201 | The South 1/2, together with |
202 | That portion of the North 1/2 of said Section 20 lying |
203 | South of Buckingham Road. |
204 | SECTION 21: |
205 | The following portions of "Buckingham Park, South |
206 | Section" as recorded in Plat Book 9, Page 99 of the |
207 | said Public Records being in Section 21; |
208 | Lots 3 through 10 of Block 40, |
209 | Lots 1 and 3 of Block 38, |
210 | Lot 28 of Block 29, |
211 | The North 40 feet of Lot 29 of Block 29, |
212 | All of Tract "D", |
213 | All of Block "E" |
214 | together with, |
215 | the Re-subdivision of that portion of Block "E" of |
216 | said "Buckingham Park, South Section" as replatted on |
217 | "Plat of Unit 3 Lehigh Park, a Subdivision of Lehigh |
218 | Acres" as recorded in Plat Book 15, Page 66 of the |
219 | said Public Records, together with |
220 | That portion of said Section 21 lying Southwesterly of |
221 | the centerline of a 60 foot easement as described in |
222 | Miscellaneous Book 32, Page 335 of the said Public |
223 | Records. |
224 | SECTION 22: |
225 | That portion of Section 22 lying South and |
226 | Southwesterly of Homestead Road as shown on Plat of |
227 | "Buckingham Park Entrance Roads" as recorded in Plat |
228 | Book 9, Page 97 of the said Public Records. |
229 | SECTIONS 23-29: |
230 | All of Sections 23, 24, 25, 26, 27, 28 and 29. |
231 | SECTION 30: |
232 | The following portions of Section 30; |
233 | The South 1/2, together with |
234 | The Northeast 1/4, together with |
235 | The South 100 feet of the North 1/2 together with |
236 | The remainder of the Northeast 1/4. |
237 | SECTION 31: |
238 | That portion of said Section 31 lying Northeasterly of |
239 | State Road 82. |
240 | SECTIONS 32-36: |
241 | All of Sections 32, 33, 34, 35 and 36. |
242 | TOWNSHIP 44 SOUTH, RANGE 27 EAST |
243 | SECTION 1: |
244 | All of Section 1. |
245 | SECTION 2: |
246 | All of Section 2, LESS the Northwest 1/4 of the |
247 | Northwest 1/4 thereof. |
248 | SECTION 3: |
249 | All of Section 3, LESS the Northeast 1/4 thereof, |
250 | AND LESS the East 1/2 of the Northwest 1/4 thereof. |
251 | SECTIONS 4-6: |
252 | All of Sections 4, 5 and 6. |
253 | SECTION 7: |
254 | The following portions of Section 7; |
255 | The South 1/2, together with |
256 | The Northwest 1/4, together with |
257 | The Southwest 1/4 of the Northeast 1/4, together with |
258 | The North 1/2 of the Northeast 1/4, together with |
259 | The North 854 feet of the East 466 feet of the |
260 | Southeast 1/4 of the Northeast 1/4. |
261 | SECTION 8: |
262 | The following portions of Section 8; |
263 | The South 1/2, together with |
264 | The Northwest 1/4 of the Northeast 1/4, together with |
265 | The West 1/2 of the Northeast 1/4, together with |
266 | The East 3/4 of the Southeast 1/4 of the Northwest |
267 | 1/4. |
268 | SECTION 9: |
269 | All of said Section 9, LESS the Southwest 1/4 of the |
270 | Northeast 1/4 thereof. |
271 | SECTIONS 10-36: |
272 | All of Sections 10, 11, 12, 13, 14, 15, 16, 17, 18, |
273 | 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, |
274 | 32, 33, 34, 35 and 36. |
275 | TOWNSHIP 45 SOUTH, RANGE 26 EAST |
276 | SECTIONS 1-3: |
277 | All of Section 1, 2 and 3. |
278 | SECTION 4: |
279 | All that portion of Section 4 lying North of State |
280 | Road 82. |
281 | SECTION 5: |
282 | All that portion of Section 5 lying North of State |
283 | Road 82. |
284 | SECTION 6: |
285 | All that portion of Section 6 lying North of State |
286 | Road 82. |
287 | SECTION 9: |
288 | All that portion of Section 9 lying North of State |
289 | Road 82. |
290 | SECTION 10: |
291 | All that portion of Section 10 lying North of State |
292 | Road 82. |
293 | SECTION 11: |
294 | All that portion of Section 11 lying North of State |
295 | Road 82. |
296 | SECTION 12: |
297 | All of Section 12. |
298 | SECTION 13: |
299 | All that portion of Section 13 lying North of State |
300 | Road 82. |
301 | SECTION 14: |
302 | All that portion of Section 14 lying North of State |
303 | Road 82. |
304 | TOWNSHIP 45 SOUTH, RANGE 27 EAST |
305 | SECTIONS 1-3 : |
306 | All of Sections 1, 2 and 3. |
307 | SECTION 4: |
308 | All of Section 4, LESS the Southeast 1/4 of the |
309 | Southeast 1/4 thereof, |
310 | AND LESS the South 1/2 of the Northeast 1/4 of the |
311 | Southeast 1/4 of said Section 4. |
312 | AND LESS the South 1/2 of the Northeast 1/4 of the |
313 | Northeast 1/4 of the Southeast 1/4 of said Section 4, |
314 | AND LESS the Northwest 1/4 of the Northeast 1/4 of the |
315 | Southeast 1/4 of said Section 4. |
316 | SECTION 5: |
317 | The following portions of Section 5; |
318 | The Northwest 1/4, together with |
319 | The East 3/4 of the North 1/2 of the Southwest 1/4, |
320 | together with The South 1/2 of the Southwest 1/4, |
321 | together with |
322 | The Southwest 1/4 of the Southeast 1/4 LESS the South |
323 | 175 feet of the East 125 feet thereof, together with |
324 | The following described parcel being in the Northeast |
325 | 1/4 of the Northeast 1/4 of said Section 5; Commencing |
326 | at the Northeast corner of said Section 5; thence |
327 | Westerly along the North line of said Section 5, said |
328 | North line of Section 5 being the South line of Units |
329 | 7 and 18 of "Leeland Heights" as shown on plat |
330 | recorded in Plat Book 12, Page 53 of the said Public |
331 | Records, a distance of 116.51 feet to the Southwest |
332 | corner of Lot 10 of Block 87 of said "Leeland Heights" |
333 | and the POINT OF BEGINNING of this description; thence |
334 | continuing Westerly along the said North line of |
335 | Section 5, a distance of 1208.55 feet to the Northwest |
336 | corner of the Northeast 1/4 of the Northeast 1/4 of |
337 | said Section 5; thence South 01° 35' 34" East along |
338 | the West line of the said Northeast 1/4 of the |
339 | Northeast 1/4 of Section 5, a distance of 1149.72 |
340 | feet; thence Easterly along a line parallel with the |
341 | said North line of Section 5, a distance of 1268.07 |
342 | feet to a point of intersection with a line parallel |
343 | with and 60 feet Westerly of (as measured at right |
344 | angles) the East line of said Section 5; thence North |
345 | 01° 44' 40" West along said parallel line, a distance |
346 | of 1089.78 feet to a point of intersection with a line |
347 | parallel with and 60 feet Southerly of (as measured at |
348 | right angles) the said North line of Section 5; thence |
349 | Westerly along said line parallel with and 60 feet |
350 | Southerly of the North line of Section 5, a distance |
351 | of 58.31 feet to a point of intersection with the |
352 | Southerly prolongation of the West line of said Lot 10 |
353 | of Block 87 of "Leeland Heights"; thence Northerly |
354 | along said Southerly prolongation, a distance of 60.00 |
355 | feet to the POINT OF BEGINNING. Bearings in last |
356 | described parcel relative to said Plat of Units 7 and |
357 | 18 of "Leeland Heights". |
358 | SECTION 6: |
359 | All of Section 6, LESS the following described parcel, |
360 | BEGINNING at the Southwest corner of Government Lot 5 |
361 | of said Section 6; thence Northerly along the West |
362 | line of said Government Lot 5, a distance of 466.70 |
363 | feet; thence Easterly along a line parallel with the |
364 | South line of said Government Lot 5, a distance of |
365 | 466.70 feet; thence Southerly along a line parallel |
366 | with the said West line of Government Lot 5, a |
367 | distance of 466.70 feet; thence Westerly along the |
368 | South line of said Government Lot 5, a distance of |
369 | 466.70 feet to the POINT OF BEGINNING. |
370 | SECTION 7: |
371 | All of Section 7. |
372 | SECTION 8: |
373 | All of Section 8, LESS the Southwest 1/4 of the |
374 | Southeast 1/4 thereof. |
375 | SECTION 9: |
376 | The following portions of Section 9; |
377 | The West 1/2 of the Southwest 1/4, together with |
378 | The Southeast 1/4, together with |
379 | The West 1/2 of the Northeast 1/4, together with |
380 | The Southeast 1/4 of the Northeast 1/4. |
381 | SECTIONS 10-17: |
382 | All of Sections 10, 11, 12, 13, 14, 15, 16 and 17. |
383 | SECTION 18: |
384 | All of Section 18, LESS the 200 foot Right-of-Way for |
385 | State Road 82 thereof, |
386 | AND LESS the Westerly 25 feet of that portion of said |
387 | Section 18 lying Northerly of said State Road 82, said |
388 | 25 foot strip as conveyed to Lee County for roadway |
389 | purposes by deed recorded in Official Record Book 147, |
390 | Page 73 of the said Public Records of Lee County. |
391 | SECTION 19: |
392 | All of Section 19, LESS the 200 foot Right-of-Way for |
393 | State Road 82 thereof, |
394 | AND LESS the following described parcel, BEGINNING at |
395 | the Northeast corner of said Section 19; thence South |
396 | 89°55'00" West with the North line of said Section 19, |
397 | a distance of 1327.50 feet to the Northwest corner of |
398 | the East 1/2 of the Northeast 1/4 of Section 19; |
399 | thence South 49°30'50" West a distance of 465.93 feet |
400 | to the Northern Right-of Way line of State Road 82; |
401 | thence Southeasterly with the said Northern Right-of- |
402 | Way line to the East line of Section 19; thence North |
403 | 00834'00" West along the East line of Section 19 South |
404 | 00° 34' 00" East along the East line of said Section |
405 | 19 to the East 1/4 Section corner of said Section 19; |
406 | thence South 89° 53' 40" West along the East/West 1/4 |
407 | Section line of said Section 19, a distance of 1479.38 |
408 | feet; thence North 00° 39' 20" West along a line |
409 | parallel with and 156.00 feet Westerly of (as measured |
410 | at right angles) the West line of the East 1/2 of the |
411 | Northeast 1/4 of said Section 19, a distance of |
412 | 2019.77 feet to a point of intersection with the |
413 | Southwesterly Right-of-Way line of said State Road 82; |
414 | thence South 64° 06' 00" East along the said |
415 | Southwesterly right-of-Way line of State Road 82, a |
416 | distance of 174.40 feet to a point of intersection |
417 | with the said West line of the East 1/2 of the |
418 | Northeast 1/4 of Section 19; thence North 00° 39' 20" |
419 | West along the said West line of the East 1/2 of the |
420 | Northeast 1/4 of Section 19, a distance of 223.58 feet |
421 | to a point of intersection with the Northeasterly |
422 | Right-of-Way line of State Road 82; thence North 64° |
423 | 06' 00" West along the said Northeasterly Right-of-Way |
424 | line of State Road 82, a distance of 400.00 feet; |
425 | thence North 49° 30' 50" East, a distance of 465.93 |
426 | feet to the Northwest corner of the said East 1/2 of |
427 | the Northeast 1/4 of Section 19; thence North 89° 55' |
428 | 00" East along the North line of said Section 19, a |
429 | distance of 1327.50 feet to the POINT OF BEGINNING. |
430 | SECTION 20: |
431 | All of Section 20, LESS the 200 foot Right-of-Way for |
432 | State Road 82 thereof, |
433 | AND LESS the following described parcel, BEGINNING at |
434 | the Northwest corner of said Section 20; thence North |
435 | 89° 15' 50" East along the North line of said Section |
436 | 20, a distance of 227.46 feet; thence South 00° 34' |
437 | 00" East along a line parallel with the West line of |
438 | said Section 20, a distance of 1516.82 feet to a point |
439 | of intersection with the Northerly Right-of-Way line |
440 | of State Road 82; thence North 49° 52' 20" West along |
441 | the said Northerly Right-of-Way line of State Road 82, |
442 | a distance of 300.00 feet to a point of intersection |
443 | with the West line of said Section 20; thence North |
444 | 00° 34' 00" East along the said West line of Section |
445 | 20 to the POINT OF BEGINNING |
446 | AND LESS the following described parcel, BEGINNING at |
447 | the intersection of the Southwesterly Right-of-Way |
448 | line of State Road 82 and the South line of said |
449 | Section 20; thence North 24° 51' 40" West along the |
450 | said Southwesterly Right-of-Way line of State Road 82, |
451 | a distance of 1000.00 feet; thence South 32° 24' 30" |
452 | West, a distance of 1081.39 feet to a point of |
453 | intersection with the said South line of Section 20; |
454 | thence North 89° 40' 40" East along the said South |
455 | line of Section 20, a distance of 1000.00 feet to the |
456 | POINT OF BEGINNING. Last described parcel being |
457 | recorded in Deed Book 306, Page 153 of the said Public |
458 | Records of Lee County. |
459 | SECTIONS 21-26: |
460 | All of Sections 21, 22, 23, 24, 25 and 26. |
461 | SECTION 27: |
462 | All of Section 27 lying NORTH of State Road 82. |
463 | SECTION 28: |
464 | All of Section 28 lying North of State Road 82. |
465 | SECTION 29: |
466 | All of Section 29 lying North of State Road 82. |
467 | SECTION 34: |
468 | All of Section 34 lying North of State Road 82. |
469 | SECTION 35: |
470 | All of Section 35 lying North of State Road 82. |
471 | SECTION 36: |
472 | All of Section 36 LESS the 200 foot Right-of-Way for |
473 | State Road 82 thereof. |
474 | LANDS IN HENDRY COUNTY, FLORIDA. |
475 | TOWNSHIP 43 SOUTH, RANGE 28 EAST |
476 | SECTION 30: |
477 | The following portions of Section 30; |
478 | The West 400.00 feet of the Southwest 1/4 less the |
479 | right-of-way for State Road 80, together with |
480 | The parcel commencing at the West 1/4 corner of |
481 | Section 30; thence along the West Section line North |
482 | 01° 01' 11" West, a distance of 164.01 feet to the |
483 | North right-of-way line of State Road 80 and the POINT |
484 | OF BEGINNING; thence continuing North 01° 01' 11" |
485 | West, a distance of 1156.17 feet to the South Right- |
486 | of-Way line for the Caloosahatchee River (C-43 canal); |
487 | thence along said South Right-of-Way line North 78° |
488 | 07' 28" East, a distance of 162.92 feet; thence South |
489 | 01° 01' 11" East, a distance of 415.55 feet; thence |
490 | South 45° 02' 36" East, a distance of 345.35 feet; |
491 | thence South 01° 01' 11" East, a distance of 520.42 |
492 | feet to the North Right-of-Way for State Road 80; |
493 | thence along said right-of-way South 88° 36' 43" West, |
494 | a distance of 400.00 feet to the POINT OF BEGINNING |
495 | SECTION 31: |
496 | The following portions of Section 31; |
497 | The Southeast 1/4 of the Northwest 1/4, together with |
498 | The East 1/2 of the Southwest 1/4, together with, |
499 | The South 185.00 feet of the North 1/2 of the |
500 | Northwest 1/4 less the West 1189.24 feet of the East |
501 | 1439.25 feet of the South 25.00 feet thereof; |
502 | Together with the West 660.76 feet of the North 30.00 |
503 | feet of the Southwest 1/4 of the Northwest 1/4, |
504 | Together with the West 400.00 feet of the Northwest |
505 | 1/4 of the Northwest 1/4. |
506 | TOWNSHIP 44 SOUTH, RANGE 28 EAST |
507 | SECTION 6: |
508 | The West 1/2 of Section 6. |
509 | SECTION 7: |
510 | The West 1/2 of Section 7. |
511 | SECTION 18: |
512 | The West 1/2 of Section 18. |
513 | SECTION 19: |
514 | The West 1/2 of Section 19. |
515 | SECTION 30: |
516 | The West 1/2 of Section 30. |
517 | SECTION 31: |
518 | The West 1/2 of Section 31. |
519 | Section 2. Installment assessments and the collection |
520 | thereof.--Annual installment assessments, which are levied under |
521 | section 298.36, Florida Statutes, shall become due and be |
522 | collected during each year at the same time that county taxes |
523 | are due and collected, pursuant to section 298.36, Florida |
524 | Statutes, chapter 197, Florida Statutes, and this act. Said |
525 | assessments shall be a lien until paid on the property against |
526 | which assessed, and enforceable in like manner as county taxes. |
527 | Section 3. Maintenance assessments.--Maintenance |
528 | assessments as provided for under section 298.54, Florida |
529 | Statutes, shall be apportioned upon the basis of the net |
530 | assessments of benefits assessed as accruing from original |
531 | construction and any subsequent improvements, and shall be due |
532 | and collected pursuant to section 298.54, Florida Statutes, |
533 | chapter 197, Florida Statutes, and this act. Provided, nothing |
534 | herein shall prevent the Board of Commissioners Supervisors from |
535 | apportioning maintenance taxes for the maintenance of the |
536 | district facilities equally to all benefited acres if the Board |
537 | of Commissioners Supervisors determines that benefits are |
538 | substantially equal for benefited acreage throughout the |
539 | District. Said assessments shall be a lien until paid on the |
540 | property against which assessed and enforceable in like manner |
541 | as county taxes. |
542 | Section 4. Water and sewer powers and duties; non-ad |
543 | valorem assessments; user charges and fees.-- |
544 | (1) The district shall have, and the board may exercise, |
545 | subject to the regulatory jurisdiction and permitting authority |
546 | of all applicable governmental bodies, agencies, and special |
547 | districts having authority with respect to any area included |
548 | therein, the power to provide water supply, sewer, and |
549 | wastewater management, reclamation, and reuse or any combination |
550 | thereof, and to construct and operate connecting, intercepting, |
551 | or outlet sewers and sewer mains and pipes and water mains, |
552 | conduits, or pipelines in, along, and under any public street, |
553 | alley, highway, or other public place or way, and to dispose of |
554 | any effluent, residue, or other byproducts of such system or |
555 | sewer system. The district shall also have the authority to |
556 | require and enforce the use of its facilities whenever and |
557 | wherever they are accessible. |
558 | (2) Non-ad valorem assessments, user charges, or fees, |
559 | including impact fees, authorized by the Board of Commissioners |
560 | may be levied to finance, fund, plan, establish, acquire, |
561 | construct, operate, and maintain systems, facilities, and basic |
562 | infrastructure for water supply, sewer, and wastewater |
563 | management, reclamation, and reuse and to construct and operate |
564 | connecting, intercepting, or outlet sewers and sewer mains and |
565 | pipes and water mains, conduits, or pipelines in, along, and |
566 | under any public street, alley, highway, or other public place |
567 | or way, and to dispose of any effluent, residue, or other |
568 | byproducts of such system or sewer system. Non-ad valorem |
569 | assessments may be levied and collected pursuant to chapter 197 |
570 | or chapter 170, Florida Statutes. The receipt and collection of |
571 | these charges or fees shall be in the manner prescribed by board |
572 | resolution not inconsistent with general law. |
573 | (3) Any exercise of the powers and authority granted in |
574 | subsections (1) and (2) which is necessary to provide any |
575 | proposed facilities, services, or charges within Lee County |
576 | shall be subject to prior approval by the adoption of a |
577 | resolution by a majority of the Lee County Commission in session |
578 | at a duly advertised public hearing. Any exercise of the powers |
579 | and authority as granted in subsections (1) and (2) which is |
580 | necessary to provide any proposed facilities, services, or |
581 | charges within Hendry County shall be subject to prior approval |
582 | by the adoption of a resolution by a majority vote of the Hendry |
583 | County Commission in session at a duly advertised public |
584 | hearing. |
585 | Section 5.4. Board of Commissioners Supervisors; |
586 | elections; candidate qualifications; powers and duties.--The |
587 | provisions of chapter 298, Florida Statutes, to the contrary |
588 | notwithstanding, the following provisions, to the extent of any |
589 | conflict, shall control the Improvement District of Lehigh Acres |
590 | East County Water Control District: |
591 | (1) The Board of Commissioners Supervisors of the |
592 | Improvement District of Lehigh Acres East County Water Control |
593 | District shall be composed of five members who shall be |
594 | registered voters and residents of the District. The Board of |
595 | Commissioners Supervisors shall be elected at large by the |
596 | electors residing in the District. Terms of all commissioners |
597 | supervisors shall be for 4 years. |
598 | (2) All District Commissioner Supervisor elections shall |
599 | be held on the first Tuesday after the first Monday in November |
600 | of even-numbered years. All District Commissioners Supervisors |
601 | shall be elected at large by nonpartisan plurality vote with the |
602 | candidate who receives the highest number of votes for each seat |
603 | winning the election. Only registered voters residing within the |
604 | District shall be permitted to vote. The cost of any election |
605 | shall be borne by the District. Terms of all commissioners |
606 | supervisors shall begin with the first regularly scheduled board |
607 | meeting after certification of on the day after the election by |
608 | the Secretary of State as established by this act. The terms of |
609 | the Board of Commissioners Supervisors of the Improvement |
610 | District of Lehigh Acres East County Water Control District |
611 | serving on May 27, 1998, shall be extended for one year to the |
612 | first Tuesday after the first Monday in November of the even- |
613 | numbered year following the year in which their term is |
614 | currently due to expire. |
615 | (3) Qualifying for the position of District Commissioner |
616 | Supervisor shall be coordinated by the supervisors of elections |
617 | of the counties within which the District is located. Methods of |
618 | qualifying shall be uniform pursuant to section 99.092, Florida |
619 | Statutes. Candidates shall be required to open depositories and |
620 | appoint treasurers prior to accepting any contributions or |
621 | expending any funds. |
622 | (4) Vacancies on the Board shall be filled pursuant to |
623 | chapter 100, section 298.12, Florida Statutes. |
624 | (5) The members of the Board shall be reimbursed for their |
625 | expenses pursuant to section 112.061, Florida Statutes, and paid |
626 | a salary flat fee of $250 per calendar calender month during |
627 | term of office as established herein. The Board may remove any |
628 | member who has three consecutive, unexcused absences from |
629 | regularly scheduled meetings. In addition, commissioners shall |
630 | not be paid for any unexcused absences from regularly scheduled |
631 | meetings. The Board shall adopt policies by resolution defining |
632 | excused and unexcused absences, provided however, the flat fee |
633 | of $250 per calendar month shall only be payable in the event |
634 | the member of the Board attends at least one (1) full regularly |
635 | scheduled session of the Board during the subject calendar |
636 | month. |
637 | (6) Each year, the Board of Commissioners Supervisors |
638 | shall hold an annual organizational meeting, at which a Chair, |
639 | Vice-Chair, Secretary and Treasurer shall be elected, whose |
640 | duties shall be established by Resolution of the Board. |
641 | (7) The Board of Commissioners Supervisors shall have the |
642 | power to employ a person to be designated General Manager of the |
643 | District and to vest in him or her such authority and to |
644 | delegate to him or her the performance of such duties and to |
645 | provide such compensation as may be determined by the Board of |
646 | Commissioners Supervisors. The Board may require the General |
647 | Manager to furnish bond with good and sufficient surety in such |
648 | amount as the Board may by resolution determine. |
649 | (8) The District shall have and the Board may exercise and |
650 | hold all powers, functions, and duties set forth in this act and |
651 | chapters 189, 197, and 298, Florida Statutes, as they may be |
652 | amended from time to time, including, but not limited to, non-ad |
653 | valorem assessments, bond issuance, other revenue-raising |
654 | capabilities, budget preparation and approval, liens and |
655 | foreclosure of liens, use of tax deeds and tax certificates as |
656 | appropriate for non-ad valorem assessments, and contractual |
657 | agreements. |
658 | (9) The methods for assessing and collecting non-ad |
659 | valorem assessments, fees, or service charges shall be as set |
660 | forth in chapter 189, chapter 197, or chapter 298, Florida |
661 | Statutes, as amended from time to time. |
662 | (10) The District's planning requirements shall be as set |
663 | forth in this act and chapters 189 and 298, Florida Statutes, as |
664 | amended from time to time. |
665 | (11) Requirements for financial disclosure, meeting |
666 | notices, reporting, public records maintenance, and per diem |
667 | expenses for officers and employees shall be as set forth in |
668 | chapters 112, 119, 189, 286, and 298, Florida Statutes, as |
669 | amended from time to time. |
670 | (12) The District shall have the authority to sell, lease, |
671 | or otherwise encumber surplus real property owned by the |
672 | District for the benefit of the District, except for |
673 | environmentally sensitive property as designated by the Florida |
674 | Department of Environmental Protection. |
675 | Section 6.5. Bonds issuable for 40 years.--Notwithstanding |
676 | the provisions of section 298.47, Florida Statutes, the Board of |
677 | Commissioners Supervisors may issue bonds maturing at annual |
678 | intervals within 40 years. |
679 | Section 7.6. Assessment records.--Notwithstanding the |
680 | provisions of section 298.36(2), Florida Statutes, the secretary |
681 | of the Board of Commissioners Supervisors, as soon as said total |
682 | assessment is levied, shall, at the expense of the District, |
683 | prepare a list of all assessments levied, said list to be stored |
684 | in electronic format. |
685 | Section 8.7. Public improvements and community |
686 | facilities.--In addition to the powers provided in chapter 298, |
687 | Florida Statutes, the District shall have, and the Board may |
688 | exercise, subject to the regulatory jurisdiction and permitting |
689 | authority of all applicable governmental bodies, agencies, and |
690 | special districts having authority with respect to any area |
691 | included therein, any or all of the following special powers |
692 | relating to public improvements and community facilities |
693 | authorized by this act: |
694 | (1) Conservation, mitigation, and wildlife habitat.--The |
695 | power to finance, fund, plan, establish, acquire, construct or |
696 | reconstruct, enlarge or extend, equip, operate, and maintain |
697 | systems, facilities, and basic infrastructure for conservation |
698 | areas, mitigation areas, and wildlife habitat, including the |
699 | maintenance of any plant or animal species, and any related |
700 | interest in real or personal property; |
701 | (2) Recreational, cultural, and educational.--After the |
702 | Board has obtained the consent of the local general purpose |
703 | government within the jurisdiction of which the specified power |
704 | is to be exercised, the power to plan, establish, acquire, |
705 | construct or reconstruct, enlarge or extend, equip, operate and |
706 | maintain additional systems and facilities for parks and |
707 | facilities for indoor and outdoor recreational, cultural, and |
708 | educational uses; and |
709 | (3) Navigational and boating facilities.--The power to |
710 | construct and maintain navigational and boating facilities in |
711 | its canals, including, but not limited to, locks and dams, to |
712 | widen and deepen its canals, to make them usable for navigation |
713 | and boating, and to regulate in all respects the use of its |
714 | canals for navigation and boating, including, but not limited |
715 | to, the size of boats, their speed and hours of use. Prior to |
716 | the District having the powers described in subsection (2), the |
717 | additional power granted to the District must receive approval |
718 | by a majority vote of the qualified electors of the district |
719 | voting in a referendum election to be called by the District at |
720 | the next general election, with the exception of the following |
721 | three parks: |
722 | (a) Lake Camille Park |
723 | (b) Williams Park |
724 | (c) Eco Park. |
725 | Section 2. This act shall take effect upon becoming a law, |
726 | except that the provisions of new section 4 of the charter, as |
727 | created in section 1 of this act authorizing acquisition of |
728 | water and wastewater facilities, shall take effect only upon the |
729 | approval by a majority vote of those qualified electors of the |
730 | district, as set forth in section 1 of the charter as amended |
731 | and renamed in section 1 of this act, voting in a referendum to |
732 | be held by the district in conjunction with any primary, |
733 | general, special, or other election to be held in the district. |