1 | A bill to be entitled |
2 | An act relating to the Central Broward Water Control |
3 | District, Broward County; amending chapter 98-501, Laws of |
4 | Florida, as amended; providing for flood protection |
5 | services; revising the geographical boundaries of the |
6 | district; revising powers of the district with respect to |
7 | construction; deleting or updating obsolete language; |
8 | revising the geographical boundaries of district zones for |
9 | the election of commissioners; revising residency |
10 | requirements for commissioner qualification; revising |
11 | requirements for the filling of vacancies on the board of |
12 | commissioners; revising provisions relating to filing fees |
13 | and oath of office; providing the procedure for selection |
14 | of chair and vice chair in the event of a deadlock; |
15 | revising quorum requirements; requiring certain |
16 | commissioners to preside over meetings of the board in the |
17 | absence of the chair and vice chair; deleting provisions |
18 | relating to a special warrant for collection of drainage |
19 | taxes; revising powers of the board in carrying out the |
20 | state comprehensive water management plan; revising |
21 | rulemaking authority of the board; revising eminent domain |
22 | provisions; revising language relating to obstruction of |
23 | certain district facilities; clarifying language relating |
24 | to the adoption of certain subdivision regulations; |
25 | providing severability; providing an effective date. |
26 |
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27 | Be It Enacted by the Legislature of the State of Florida: |
28 |
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29 | Section 1. Sections 2 through 7, 12, 17, 33, 34, 37 |
30 | through 40, and 42 of section 2 of chapter 98-501, Laws of |
31 | Florida, as amended by chapter 2002-362, Laws of Florida, are |
32 | amended, and section 43 is added to that section, to read: |
33 | Section 2. District created and boundaries thereof.--The |
34 | creation of the Central Broward Water Control District with the |
35 | powers herein vested in it by this act is to further the best |
36 | interests of the public, health, safety, and welfare inasmuch as |
37 | proper drainage, flood protection, and water management are is |
38 | necessary to protect said lands hereinafter described. That for |
39 | the purpose of providing drainage, flood protection, and water |
40 | management services conducted pursuant to this section for the |
41 | lands hereinafter described and for other purposes stated in |
42 | this act, a drainage and water management district is hereby |
43 | created and established in Broward County, to be known as the |
44 | Central Broward Water Control District, an independent special |
45 | district, the geographical boundaries of which shall include the |
46 | following land lying, being, and situate in Broward County, |
47 | Florida, to wit: |
48 |
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49 | Begin at the intersection of the east right-of-way line |
50 | of State Road #7 and its intersection with the south |
51 | line of Tier 1; as shown by the Plat of NEWMAN'S SURVEY, |
52 | as recorded in Plat Book 2, Page 26, of the Public |
53 | Records of Miami-Dade County, Florida, (All subsequent |
54 | references to Tract and Tier number refer to this plat); |
55 | thence westerly, along the south line of Tiers 1, 3, 5, |
56 | 7, and 9, and their prolongations thereof, to an |
57 | intersection with the northerly extension of the east |
58 | line of Tract 7, Section 25, Township 50 South, Range 41 |
59 | East, as shown on said plat of NEWMAN'S SURVEY; thence |
60 | southerly, along said northerly extension and said east |
61 | line, to the southeast corner of said Tract 7; thence |
62 | westerly, along the south line of said Tract 7 and its |
63 | westerly prolongation, to the northeast corner of Tract |
64 | 9 of said Section 25; thence southerly, along the east |
65 | line of said Tract 9, to the southeast corner of said |
66 | Tract 9; thence westerly, along the south line of said |
67 | Tract 9, to the southwest corner of said Tract 9; thence |
68 | northerly, along the west line of Tracts 9 and 8, and |
69 | their northerly prolongation to an intersection with the |
70 | south line of Tier 13; thence westerly, along the south |
71 | line of Tiers 13, 15, 17, 19, 23, 25, 27, and 29, and |
72 | their prolongations thereof, to the southwest corner of |
73 | Tract 8, Tier 29; thence northerly, along the west line |
74 | of Tier 29, to the southwest corner of Tract 4, Tier 29; |
75 | thence westerly, along the south line of Tract 4, Tiers |
76 | 31, 33, 35 and 37 and their prolongations thereof, to |
77 | the Southwest corner of Tract 4, Tier 37; thence |
78 | northerly, along the west line of said Tier 37, to the |
79 | intersection with the centerline of the right-of-way of |
80 | the North New River Canal; thence northwesterly, along |
81 | said centerline, to the intersection with the west line |
82 | of Section 4, Township 50 South, Range 40 East; thence |
83 | southerly, along the west lines of Sections 4, 9, 16, 21 |
84 | and 28, of Township 50 South, Range 40 East, to the |
85 | physical centerline of the South New River Canal; thence |
86 | meandering easterly, northeasterly, northerly, |
87 | northwesterly, northeasterly, southeasterly and easterly |
88 | along said physical centerline, to its intersection with |
89 | the west line of Section 27, Township 50 South, Range 40 |
90 | East; thence southerly, along the west line of Sections |
91 | 27 and 34, Township 50 South, Range 40 East, and |
92 | continuing southerly, along the west line of Section 3, |
93 | Township 51 South, Range 40 East to the southwest corner |
94 | of said Section 3; thence easterly, along the south line |
95 | of Sections 3, 2, and 1, Township 51 South, Range 40 |
96 | East and continuing easterly, along the south line of |
97 | Sections 6, 5 and 4, Township 51 South, Range 41 east, |
98 | to the northwest corner of Section 10, Township 51 |
99 | South, Range 41 East; thence, southerly, along the west |
100 | line of said Section 10, to the west one-quarter (W |
101 | 1/4)corner of said Section 10; thence, easterly, along |
102 | the south line of the north one-half (N1/2) of Sections |
103 | 10, 11 and 12, Township 51 South, Range 41 East, to an |
104 | intersection with a line 80 feet east of, as measured at |
105 | right angles to, and parallel with the west right-of-way |
106 | line of Florida's Turnpike; thence, northerly, along |
107 | said parallel line, and continuing 80 feet east of said |
108 | right-of-way, to an intersection with the south line of |
109 | Section 36, Township 50 South, Range 41 East; thence, |
110 | easterly, along said south line, to an intersection with |
111 | the east right-of-way line of State Road #7; thence |
112 | northerly, along said east right of way, to the Point of |
113 | Beginning. Starting at the intersection of the East |
114 | Right-of-way line of State Road #7 and its intersection |
115 | with the South line of Tier 3; as shown by the Plat of |
116 | NEWMAN'S SURVEY, as recorded in Plat Book 2, Page 26 of |
117 | the Public Records of Dade County, Florida (All |
118 | subsequent references to Tract and Tier number refer to |
119 | this plat), for the point of beginning; thence Westerly |
120 | along the South line of Tiers 3, 5, 7 and 9, and their |
121 | prolongations thereof, to an intersection with the |
122 | Northerly extension of the East line of Tract 7, Section |
123 | 25, Township 50 South, Range 41 East, as shown on said |
124 | plat of NEWMAN'S SURVEY; thence Southerly along the East |
125 | line of Tract 7 to the Southeast corner of said Tract 7; |
126 | thence Westerly along the South line of said Tract 7 to |
127 | the Northeast corner of tract 9 of said Section 25; |
128 | thence Southerly along the East line of said Tract 9 to |
129 | the Southeast corner of said Tract 9; thence Westerly, |
130 | along the South line of said Tract 9 to the Southwest |
131 | corner of said Tract 9; thence Northerly along the West |
132 | line of Tracts 9 and 8 and their Northerly prolongation |
133 | to an intersection with the South line of Tier 13; |
134 | thence Westerly along the South line of Tiers 15, 17, |
135 | 19, 21, 23, 25, 27 and 29, and their prolongations |
136 | thereof to the Southwest corner of Tract 8, Tier 29; |
137 | thence Northerly along the West line of Tier 29 to the |
138 | Southwest corner of Tract 4, Tier 29; thence Westerly |
139 | along the South line of Tract 4, Tiers 31, 33, 35 and 37 |
140 | and their prolongations thereof to the Southwest corner |
141 | of Tract 4, Tier 37; thence run Northerly along the West |
142 | line of said Tier 37, to the North right-of-way line of |
143 | the North New River Canal; thence run northwesterly |
144 | along the north side of the north bank of the said canal |
145 | to the intersection of said bank with the west line of |
146 | Section 4, Township 50 South, Range 40 East; thence |
147 | southerly along the west line of Sections 4, 9, 16, 21 |
148 | and 28 of Township 50 South, Range 40 East, to the South |
149 | side of the south bank of the South New River Canal; |
150 | thence Easterly along the south side of the south bank |
151 | the South New River canal to its intersection with the |
152 | west line of Section 27, Township 50 South, Range 40 |
153 | East; thence southerly along the west line of Sections |
154 | 27 and 34, Township 50 South, Range 40 East and |
155 | continuing along the West line of Section 3 Township 51 |
156 | South, Range 40 East to the Southwest corner of Section |
157 | 3, Township 51 South, Range 40 East; thence east along |
158 | the south line of Sections 3, 2 and 1 in Township 51 |
159 | South, Range 40 East and continuing along the south line |
160 | of Sections 6, 5 and 4, in Township 51 South, Range 41 |
161 | East, to the northwest corner of Section 10, Township 51 |
162 | South, Range 41 East; thence, run south along the west |
163 | line of said Section 10 to the southwest corner of the |
164 | north half of said Section 10; thence, run east along |
165 | the south line of the north half of Sections 10, 11 and |
166 | 12, in Township 51 South, Range 41 East, to the east |
167 | bank of the drainage ditch along the west side of the |
168 | Florida Turnpike; thence, run north along the east bank |
169 | of said ditch to the south line of Section 36, Township |
170 | 50 South, Range 41 East; thence, run east along the |
171 | south line of said Section 36 to the east side of State |
172 | Road #7; thence, in a northerly direction along the east |
173 | side of said State Road #7 to the point of beginning. |
174 |
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175 | Section 3. Powers.--The district is hereby granted and |
176 | shall have full power and authority as follows: |
177 | a. To contract and be contracted with. |
178 | b. To sue and be sued. |
179 | c. To plead and to be impleaded in all courts. |
180 | d. To acquire by purchase, gift, devise, condemnation, |
181 | eminent domain, or otherwise, property, real or personal, or any |
182 | estate therein, within or without the district, to be used for |
183 | any purpose necessary or to meet the needs of any of the |
184 | purposes of this act. |
185 | e. To establish, construct, operate, and maintain a system |
186 | of main and lateral canals, drains, ditches, levees, dikes, |
187 | dams, sluices, locks, revetments, reservoirs, holding basins, |
188 | floodways, pumping stations, syphons, culverts, and storm |
189 | sewers, and to connect some or any of them as within the |
190 | judgment of the board of commissioners is deemed advisable to |
191 | drain and provide water management services conducted pursuant |
192 | to this section for the lands within the district created. |
193 | f. To acquire and maintain appropriate sites for storage |
194 | and maintenance of the equipment of the district. |
195 | g. To acquire and maintain and/or construct a suitable |
196 | building to house the offices and records of the district. |
197 | h. To have all the powers and rights of a body corporate |
198 | and to adopt and use a seal and to alter the same at the |
199 | pleasure of a majority of the board of commissioners. |
200 | i. To clean out, straighten, widen, open up or change the |
201 | course and flow, alter, or deepen any canal, ditch, drain, |
202 | river, water course, or natural stream as within the judgment of |
203 | the board of commissioners is deemed advisable to drain and |
204 | provide water management services conducted pursuant to this |
205 | section for the lands within the said district hereby created. |
206 | j. To acquire, purchase, operate, and maintain pumps, |
207 | plants, and pumping systems for drainage purposes. |
208 | k. To construct, operate, and maintain irrigation works |
209 | and machinery in connection with the purposes herein set forth. |
210 | l. To construct, improve, pave, and maintain roadways, |
211 | rights-of-way, easements, and roads necessary and convenient for |
212 | the exercise of the powers and duties herein set forth. |
213 | m. To regulate and set forth by appropriate order the |
214 | drainage requirements and other auxiliary conditions to be met |
215 | for plats to be entitled to record on any land within the |
216 | district, including authority to require as a condition |
217 | precedent for any platting that good and sufficient bond be |
218 | posted to assure proper drainage and water management for the |
219 | area to be platted. |
220 | n. To borrow money for periods over 1 year and issue |
221 | negotiable paper or other bonds of the district as hereinafter |
222 | provided. |
223 | o. To borrow money from time to time for periods under 1 |
224 | year and issue negotiable notes or other notes of said district |
225 | as provided in this act. |
226 | p. To build and construct any other works and improvements |
227 | deemed necessary to preserve and maintain the works in or out of |
228 | said district. |
229 | q. To acquire, construct, operate, maintain, use, sell, |
230 | convey, transfer, or otherwise provide for pumping stations, |
231 | including pumping machinery, motive equipment, electric lines, |
232 | and all appurtenant or auxiliary machines, devices, or equipment |
233 | for the purpose of drainage and water management services |
234 | conducted pursuant to this section. |
235 | r. To contract for the purchase, construction, operation, |
236 | maintenance, use, sale, conveyance, and transfer of the said |
237 | pumping stations, machinery, motive equipment, electric lines, |
238 | and appurtenant equipment, including the purchase of electric |
239 | power and energy for the operation of the same. |
240 | s. To construct or enlarge, or cause to be constructed or |
241 | enlarged, any and all bridges or culverts that may be needed in |
242 | or out of the district, across any drain, ditch, canal, |
243 | floodway, holding basin, excavation, public highway, railroad |
244 | right-of-way, tract, grade, fill, or cut. |
245 | t. To construct roadways over levees and embankments. |
246 | u. To construct any and all of said works and improvements |
247 | across, through, or over any public highway, railroad right-of- |
248 | way, track, grade, fill, or cut in or out of the district. |
249 | v. To remove any fence, building, or other improvements, |
250 | in or out of the district for purposes of drainage and water |
251 | management services conducted pursuant to this section. |
252 | w. To hold, control, and acquire by donation or purchase, |
253 | condemnation, easement, railroad right-of-way, sluice, |
254 | reservation, holding basin, or franchise in or out of said |
255 | district for right-of-way, holding basin, for any of the |
256 | purposes herein provided, or for material to be used in |
257 | constructing and maintaining said works and improvements for |
258 | drainage, protecting, and providing water management services |
259 | conducted pursuant to this section for the lands in said |
260 | district. |
261 | x. To condemn or acquire, by purchase or grant, or by |
262 | exercise of the right of eminent domain, for use in the |
263 | district, any land or property within or without said district |
264 | and acquire or condemn any other property within or without said |
265 | district and shall follow in connection therewith the procedure |
266 | set out in chapter 73, Florida Statutes, (Eminent Domain) which |
267 | shall be construed so as to be applicable to the district |
268 | created hereby. |
269 | y. To assess and impose upon all of the lands in the |
270 | district an annual tax as provided in this act. |
271 | z. To impose and foreclose special assessment liens as |
272 | provided in this act. |
273 | aa. To prohibit, regulate, and restrict by appropriate |
274 | resolution of the board of commissioners all structures, |
275 | materials, and things, whether solid, liquid, or gas, whether |
276 | permanent or temporary in nature, which come upon, come into, |
277 | connect to, or be a part of any of the main or lateral drains, |
278 | ditches, canals, levees, dikes, dams, sluices, revetments, |
279 | reservoirs, holding basins, floodways, pumping stations, and |
280 | syphons which may have been heretofore created or which may be |
281 | hereafter created or which may be hereafter constructed. |
282 | bb. To administer and provide for the enforcement of all |
283 | the provisions herein, including the making, adopting, |
284 | promulgating, amending, and repealing of all rules and |
285 | regulations necessary or convenient for the carrying out of the |
286 | duties, obligations, and powers conferred on the district |
287 | created hereby and further for the proper administration and |
288 | enforcement hereof. |
289 | cc. To cooperate with or contract with other drainage |
290 | districts or governmental agencies as may be necessary, |
291 | convenient, incidental, or proper in connection with any of the |
292 | powers, duties, or purposes of the district as stated in this |
293 | charter. |
294 | dd. To employ engineers, attorneys, agents, employees, and |
295 | representatives as the board of commissioners may from time to |
296 | time determine necessary and to fix their compensation and |
297 | duties. |
298 | ee. To exercise all of the powers necessary, convenient, |
299 | incidental, or proper in connection with any of the powers, |
300 | duties, or purposes of the district as stated in this act; |
301 | however, none of the powers contained herein shall apply to the |
302 | works of the South Florida Water Management District. |
303 | Section 4. Board of commissioners.-- |
304 | a. The governing board of the district shall be designated |
305 | as the board of commissioners of the Central Broward Water |
306 | Control District and shall be composed of six members who shall |
307 | be known as commissioners. |
308 | b. All commissioners shall be elected on an at-large |
309 | nonpartisan basis, by the qualified electors residing within the |
310 | district zone that the election is for, in accordance with the |
311 | procedure provided in this act. Commissioners from Zones 1, 2, |
312 | and 6 shall be elected in the general election of November 2002. |
313 | Commissioners from zones 3, 4, and 5 shall be elected in the |
314 | general election of November 2004. The individual receiving the |
315 | most votes who has qualified to run as commissioner for a |
316 | specific zone shall be elected commissioner of that zone. No |
317 | zone commissioner elected prior to January 1, 2002, shall be |
318 | affected in his or her term of office. |
319 | c. The board of commissioners of the Central Broward Water |
320 | Control District shall hereafter be elected on a basis of each |
321 | of the six commissioners representing one of the six respective |
322 | geographical zones of the entire district as provided herein. In |
323 | qualifying for such office, each candidate shall designate the |
324 | zone he or she is qualifying for. |
325 | d. The six zones of the entire district are as follows: |
326 |
|
327 | Zone 1: Begin at the intersection of the centerline |
328 | right-of-way of the North New River Canal with the west |
329 | line of Section 3, Township 50 South, Range 40 East, |
330 | Broward County, Florida; thence southeasterly, along |
331 | said centerline, to the intersection with the east line |
332 | of Section 12, Township 50 South, Range 40 East; thence |
333 | southerly, along said east line, to the southeast corner |
334 | of said Section 12; thence westerly, along the south |
335 | line of said Section 12, to the southwest corner of said |
336 | Section 12; thence southerly, along the east line of |
337 | Sections 14, 23 and 26, Township 50 South, Range 40 |
338 | East, to the intersection with the physical centerline |
339 | of the South New River Canal; thence westerly, along |
340 | said centerline, to the intersection with the west line |
341 | of the east one-half (E 1/2) of Section 27, Township 50 |
342 | South, Range 40 East; thence northerly, along the west |
343 | line of the east one-half (E 1/2) of Sections 27 and 22, |
344 | Township 50 South, Range 40 East, to the north one- |
345 | quarter (N 1/4) corner of said Section 22; thence |
346 | westerly, along the south line of Sections 15 and 16, |
347 | Township 50 South, Range 40 East, to the south one- |
348 | quarter (S 1/4) corner of said Section 16; thence |
349 | northerly, along the west line of the east one-half (E |
350 | 1/2) of said Section 16, to the north one-quarter (N |
351 | 1/4) corner of said Section 16; thence easterly, along |
352 | the north line of said Section 16, to the northeast |
353 | corner of said Section 16; thence northerly, along the |
354 | west line of Sections 10 and 3, Township 50 South, Range |
355 | 40 East, to the Point of Beginning. Beginning at the |
356 | intersection of the north side of the north bank of the |
357 | North New River Canal with the West line of Section 3, |
358 | Township 50 South, Range 40 East, Broward County, |
359 | Florida; thence Southeasterly along said north side of |
360 | the north bank of the North New River Canal, to the |
361 | intersection with the East line of Section 12, Township |
362 | 50 South, Range 40 East; thence Southerly, along said |
363 | East line of Section 12, to the Southeast corner of said |
364 | Section 12; thence Westerly, along the South line of |
365 | said Section 12, to the Southwest corner of said Section |
366 | 12; thence Southerly, along the East line of Sections |
367 | 14, 23 and 26, Township 50 South, Range 40 East, to the |
368 | intersection with the south side of the south bank of |
369 | the South New River Canal; thence westerly, along said |
370 | south side of the south bank of the South New River |
371 | Canal, to the intersection with the West line of the |
372 | East Half (E 1/2) of Section 27, Township 50 South, |
373 | Range 40 East; thence Northerly, along the West line of |
374 | the East Half of Sections 27 and 22, Township 50 South, |
375 | Range 40 East, to the Northwest corner of said East Half |
376 | (E 1/2) of Section 22; thence Westerly, along the South |
377 | line of Sections 15 and 16, Township 50 South, Range 40 |
378 | East, to the West line of the East Half (E 1/2) of said |
379 | Section 16; thence Northerly, along said West line of |
380 | the East Half (E 1/2) of Section 16, to the Northwest |
381 | corner of said East Half (E 1/2) of Section 16; thence |
382 | Easterly, along the North line of said Section 16, to |
383 | the Northeast corner of said Section 16; thence |
384 | Northerly, along the West line of Sections 10 and 3, |
385 | Township 50 South, Range 40 East, to the Point of |
386 | Beginning. |
387 |
|
388 | Zone 2: Begin at the intersection of the centerline |
389 | right-of-way of the North New River Canal with the east |
390 | line of Section 12, Township 50 South, Range 40 East, |
391 | Broward County, Florida; thence southeasterly, along |
392 | said centerline to the intersection with the east line |
393 | of Section 16, Township 50 South, Range 41 East; thence |
394 | southerly, along said east line, to the southeast corner |
395 | of said Section 16; thence westerly, along the south |
396 | line of said Section 16, to the southwest corner of said |
397 | Section 16; thence southerly, along the east line of |
398 | Section 20, Township 50 South, Range 41 East, to the |
399 | southeast corner of said Section 20; thence westerly, |
400 | along the south line of Sections 20 and 19, Township 50 |
401 | South, Range 41 East, to the southwest corner of said |
402 | Section 19; thence continue westerly, along the |
403 | extension of the south line of said Section 19, across |
404 | the Hiatus between the west line of said Section 19 and |
405 | the east line of Section 24, Township 50 South, Range 40 |
406 | East, to a point on the east line of said Section 24; |
407 | thence southerly, along the east line of Sections 24 and |
408 | 25, Township 50 South, Range 40 East, to the |
409 | intersection with the physical centerline of the South |
410 | New River Canal; thence westerly, along said centerline, |
411 | to the intersection with the west line of Section 25, |
412 | Township 50 South, Range 40 East; thence northerly, |
413 | along the west line of Sections 25, 24 and 13, Township |
414 | 50 South, Range 40 East to the southwest corner of |
415 | Section 12, Township 50 South, Range 40 East; thence |
416 | easterly, along the south line of said Section 12, to |
417 | the southeast corner of said Section 12; thence |
418 | northerly, along the east line of said Section 12, to |
419 | the Point of Beginning. Beginning at the intersection of |
420 | the north side of the north bank of the North New River |
421 | Canal with the east line of Section 12, Township 50 |
422 | South, Range 40 East, Broward County, Florida; thence |
423 | run southeasterly along the north side of the north bank |
424 | of said canal to the intersection of said bank with the |
425 | east line of Section 16, Township 50 South, Range 41 |
426 | East; thence run southerly along the east line of said |
427 | Section 16, Township 50 South, Range 41 East to the |
428 | southeast corner of said Section 16, Township 50 South, |
429 | Range 41 East; thence run westerly along the south line |
430 | of said Section 16, Township 50 South, Range 41 East to |
431 | the southwest corner of said Section 16, Township 50 |
432 | South, Range 41 East; thence run southerly along the |
433 | east line of Section 20, Township 50 South, Range 41 |
434 | East, to the southeast corner of said Section 20, |
435 | Township 50 South, Range 41 East; thence run westerly |
436 | along the south line of Sections 20 and 19, Township 50 |
437 | South, Range 41 East, to the southwest corner of said |
438 | Section 19, Township 50 South, Range 41 East; thence |
439 | continue westerly along the extension of the south line |
440 | of said Section 19, Township 50 South, Range 41 East |
441 | across the Hiatus between the west line of said Section |
442 | 19, Township 50 South, Range 41 East and the east line |
443 | of Section 24, Township 50 South, Range 40 East to a |
444 | point on the east line of said Section 24, Township 50 |
445 | South, Range 40 East; thence continue southerly along |
446 | the east line of Sections 24 and 25, Township 50 South, |
447 | Range 40 East, to the intersection with the south side |
448 | of the south bank of the South New River Canal; thence |
449 | run westerly along the south side of the south bank of |
450 | said canal to the intersection with the west line of |
451 | Section 25, Township 50 South, Range 40 East; thence, |
452 | run northerly along the west line of Sections 25, 24 and |
453 | 13, Township 50 South, Range 40 East to the Southwest |
454 | corner of Section 12, Township 50 South, Range 40 East, |
455 | thence run easterly along the south line of said Section |
456 | 12, Township 50 South, Range 40 East to the Southeast |
457 | corner of said Section 12, Township 50 South, Range 40 |
458 | East, thence run northerly along the east line of said |
459 | Section 12, Township 50 South, Range 40 East, to the |
460 | point of beginning. |
461 |
|
462 | Zone 3: Begin at the intersection of the physical |
463 | centerline of the South New River Canal and the east |
464 | right-of-way line of State Road No. 7; thence northerly, |
465 | along the east right of way line to intersection with |
466 | the south line of Tier 1; as shown by the Plat of |
467 | NEWMAN'S SURVEY, as recorded in Plat Book 2, Page 26, of |
468 | the Public Records of Miami-Dade County, Florida, (All |
469 | subsequent references to Tract and Tier number refer to |
470 | this plat); thence westerly, along the south line of |
471 | Tiers 1, 3, 5, 7, and 9, and their prolongations |
472 | thereof, to an intersection with the northerly extension |
473 | of the east line of Tract 7, Section 25, Township 50 |
474 | South, Range 41 East, as shown on said plat of NEWMAN'S |
475 | SURVEY; thence southerly, along said northerly extension |
476 | and said east line, to the southeast corner of said |
477 | Tract 7; thence westerly, along the south line of said |
478 | Tract 7 and its westerly prolongation, to the northeast |
479 | corner of Tract 9 of said Section 25; thence southerly, |
480 | along the east line of said Tract 9, to the southeast |
481 | corner of said Tract 9; thence westerly, along the south |
482 | line of said Tract 9, to the southwest corner of said |
483 | Tract 9; thence northerly, along the west line of Tracts |
484 | 9 and 8, and their northerly prolongation to an |
485 | intersection with the south line of Tier 13; thence |
486 | westerly, along the south line of Tiers 13, 15, 17, 19, |
487 | 23, 25, 27, and 29, and their prolongations thereof, to |
488 | the southwest corner of Tract 8, Tier 29; thence |
489 | northerly, along the west line of Tier 29, to the |
490 | southwest corner of Tract 4, Tier 29; thence westerly, |
491 | along the south line of Tract 4, Tiers 31, 33, 35 and 37 |
492 | and their prolongations thereof, to the Southwest corner |
493 | of Tract 4, Tier 37; thence northerly, along the west |
494 | line of said Tier 37, to the intersection with the |
495 | centerline of the right-of-way of the North New River |
496 | Canal; thence northwesterly, along said centerline, to |
497 | the intersection with the west line of Section 15, |
498 | Township 50 South, Range 41 East; thence southerly, |
499 | along the east line of Section 16, Township 50 South, |
500 | Range 41 East to the southeast corner of said Section |
501 | 16; thence westerly, along the south line of said |
502 | Section 16, to southwest corner of said Section 16; |
503 | thence southerly, along the east line of Section 20, |
504 | Township 50 South, Range 41 East, to the southeast |
505 | corner of said Section 20; thence westerly, along the |
506 | south line of Sections 20 and 19, Township 50 South, |
507 | Range 41 East to the southwest corner of said Section |
508 | 19; thence continue westerly, along the extension of the |
509 | south line of said Section 19, across the Hiatus between |
510 | the west line of said Section 19 and the east line of |
511 | Section 24, Township 50 South, Range 40 East to a point |
512 | on the east line of said Section 24; thence southerly, |
513 | along the east line of Sections 24 and 25, Township |
514 | 50 South, Range 40 East, to the intersection with the |
515 | physical centerline of the South New River Canal; thence |
516 | easterly, along said centerline, to the Point of |
517 | Beginning. Beginning at the intersection of the south |
518 | side of the south bank of the South New River Canal and |
519 | the east right-of-way line of State Road No. 7; thence, |
520 | run northerly along the east side of said State Road No. |
521 | 7 to the north line of Section 25, Township 50 South, |
522 | Range 41 East; thence run westerly along the north line |
523 | of Sections 25 and 26, Township 50 South, Range 41 East, |
524 | to its intersection with the west line of Tract 8, Tier |
525 | 29, as shown by the Plat of NEWMAN'S SURVEY, as recorded |
526 | in Plat Book 2, Page 26, of the Public Records of Dade |
527 | County, Florida, (all subsequent references to Tract and |
528 | Tier numbers refer to this Plat) also known as the |
529 | Southwest corner of Tract 8, Tier 29; thence run |
530 | northerly along the west line of Tier 29 for a distance |
531 | of 3,356.37 feet more or less to the southwest corner of |
532 | Tract 4, Tier 29; thence run westerly along the south |
533 | line of Tract 4 in Tiers 31, 33, 35 and 37 and their |
534 | prolongations thereof for a distance of 2,399.28 ft. |
535 | more or less to the southwest corner of Tract 4, Tier |
536 | 37; thence run northerly along the west line of said |
537 | Tier 37 for a distance of 3,456 ft. more or less to the |
538 | north right-of-way line of the North New River Canal; |
539 | thence run northwesterly along the north side of the |
540 | north bank of said canal to the intersection of said |
541 | bank with the west line of Section 15, Township 50 |
542 | South, Range 41 East; thence, run southerly along the |
543 | east line of Section 16, Township 50 South, Range 41 |
544 | East to the southeast corner of said Section 16, |
545 | Township 50 South, Range 41 East; thence run westerly |
546 | along the south line of said Section 16, Township 50 |
547 | South, Range 41 East to southwest corner of said Section |
548 | 16, Township 50 South, Range 41 East; thence run |
549 | southerly along the east line of Section 20, Township 50 |
550 | South, Range 41 East, to the southeast corner of said |
551 | Section 20, Township 50 South, Range 41 East; thence run |
552 | westerly along the south line of Sections 20 and 19, |
553 | Township 50 South, Range 41 East to the southwest corner |
554 | of said Section 19, Township 50 South, Range 41 East; |
555 | thence continue westerly along the extension of the |
556 | south line of said Section 19, Township 50 South, Range |
557 | 41 East across the Hiatus between the west line of said |
558 | Section 19, Township 50 South, Range 41 East and the |
559 | east line of Section 24, Township 50 South, Range 40 |
560 | East to a point on the east line of said Section 24, |
561 | Township 50 South, Range 40 East; thence continue |
562 | southerly along the east line of Sections 24 and 25, |
563 | Township 50 South, Range 40 East, to the intersection |
564 | with the south side of the south bank of the South New |
565 | River Canal; thence, run easterly along the south side |
566 | of the south bank of said canal to the point of |
567 | beginning. Less the following described property: |
568 | Beginning at the southeast corner of Tract 7, Section |
569 | 25, Township 50 South, Range 41 East, as shown by Plat |
570 | of NEWMAN'S SURVEY, as recorded in Plat Book 2, Page 26, |
571 | Public Records of Dade County, Florida (all subsequent |
572 | references to Tract and Tier numbers refer to this |
573 | plat); thence run westerly along the south line of said |
574 | Tract 7 to the northeast corner of Tract 9 of said |
575 | Section 25, Township 50 South, Range 41 East; thence |
576 | southerly along the east line of said Tract 9 to the |
577 | southeast corner of said Tract 9; thence westerly along |
578 | the south line of said Tract 9 to the southwest corner |
579 | of said Tract 9; thence northerly along the west line of |
580 | Tracts 9 and 8 and their northerly prolongation to an |
581 | intersection with the south line of Tier 13; thence |
582 | easterly along the south line of Tiers 13, 11 and 9 and |
583 | their prolongations thereof to an intersection with the |
584 | northerly extension of the east line of tract 7; thence |
585 | southerly along the east line of Tract 7 to the point of |
586 | beginning. |
587 |
|
588 | Zone 4: Begin at the intersection of the east right-of- |
589 | way line of State Road No. 7 and the physical centerline |
590 | of the South New River Canal; thence southerly, along |
591 | said right-of way line, to the intersection with the |
592 | south line of Section 36, Township 50 South, Range 41 |
593 | East; thence westerly, along the south line of Sections |
594 | 36, 35, 34, 33 and 32 in Township 50 South, Range 41 |
595 | East, to the northeast corner of Section 5, Township 51 |
596 | South, Range 41 East; thence southerly, along the east |
597 | line of said Section 5, to the southeast corner of said |
598 | Section 5; thence westerly, along the south line of |
599 | Sections 5 and 6, Township 51 South, Range 41 East, to |
600 | the southwest corner of said Section 6; thence |
601 | northerly, along the west line of said Section 6, to the |
602 | northwest corner of said Section 6; thence easterly, |
603 | along the north line of Sections 6 and 5, Township 51 |
604 | South, Range 41 East to the southwest corner of Section |
605 | 32, Township 50 South, Range 41 East; thence northerly, |
606 | along the west line of Sections 32 and 29, Township 50 |
607 | South, Range 41 East to the physical centerline of the |
608 | South New River Canal; thence easterly, along said |
609 | physical centerline, to the Point of Beginning. |
610 | Beginning at the intersection of the east right-of-way |
611 | line of State Road No. 7 and the south side of the south |
612 | bank of South New River Canal; thence, run southerly |
613 | along with east side of said State Road No. 7 to the |
614 | south line of Section 36, Township 50 South, Range 41 |
615 | East; thence, run westerly along the south line of |
616 | Sections 36, 35, 34, 33 and 32 in Township 50 South, |
617 | Range 41 East to the Northeast corner of Section 5, |
618 | Township 51 South, Range 41 East; thence, run southerly |
619 | to the Southeast corner of said Section 5, Township 51 |
620 | South, Range 41 East; thence, run westerly along the |
621 | South line of Sections 5 and 6, Township 51 South, Range |
622 | 41 East to the Southwest corner of said Section 6, |
623 | Township 51 South, Range 41 East; thence, run northerly |
624 | along the west line of Section 6, Township 51 South, |
625 | Range 41 East to the Northwest corner of said Section 6, |
626 | Township 51 South, Range 41 East; thence, run easterly |
627 | along the north line of Sections 6 and 5, Township 51 |
628 | South, Range 41 East to the Southwest corner of Section |
629 | 32, Township 50 South, Range 41 East; thence, run |
630 | northerly along the west line of Sections 32 and 29, |
631 | Township 50 South, Range 41 East to the south side of |
632 | the south bank of the South New River Canal; thence run |
633 | easterly along the south side of the south bank of the |
634 | South New River Canal to the point of beginning. |
635 |
|
636 | Zone 5: Begin at the northwest corner of Section 4, |
637 | Township 51 South, Range 41 East; thence southerly, |
638 | along the west line of said Section 4, to the southwest |
639 | corner of said Section 4; thence easterly, along the |
640 | south line of said Section 4, to the northwest corner of |
641 | Section 10, Township 51 South, Range 41 East; thence |
642 | southerly, along the west line of said Section 10, to |
643 | the west one-quarter (W 1/4) corner of said Section 10; |
644 | thence easterly, along the south line of the north one- |
645 | half (N 1/2) of Sections 10, 11 and 12, Township 51 |
646 | South, Range 41 East, to an intersection with a line 80 |
647 | feet east of, as measured at right angles to, and |
648 | parallel with the west right-of-way line of Florida's |
649 | Turnpike; thence northerly, along said parallel line, |
650 | and continuing 80 feet east of said right-of-way, to an |
651 | intersection with the north line of Section 1, Township |
652 | 51 South, Range 41 East; thence westerly, along the |
653 | north line of Sections 1, 2, 3 and 4, Township 51 South, |
654 | Range 41 East, to the Point of Beginning. Beginning at |
655 | the Northwest corner of Section 4, Township 51 South, |
656 | Range 41 East; thence, run southerly along the west line |
657 | of said Section 4, Township 51 South, Range 41 east to |
658 | the Southwest corner of said Section 4, Township 51 |
659 | South, Range 41 East; thence, run easterly along the |
660 | south line of said Section 4, Township 51 South, Range |
661 | 41 East, to the northwest corner of Section 10, Township |
662 | 51 South, Range 41 East; thence, run southerly along the |
663 | west line of said Section 10, Township 51 South, Range |
664 | 41 East to the southwest corner of the north half of |
665 | said Section 10, Township 51 South, Range 41 East; |
666 | thence run easterly along the south line of the north |
667 | half of Sections 10, 11 and 12, in Township 51 South, |
668 | Range 41 East to the east bank of the drainage ditch |
669 | along the west side of the Sunshine State Parkway |
670 | (Florida Turnpike); thence, run northerly along the east |
671 | bank of said ditch to the north line of Section 1, |
672 | Township 51 South, Range 41 East; thence, run westerly |
673 | along the north line of Sections 1, 2, 3 and 4, Township |
674 | 51 South, Range 41 East to the point of beginning. |
675 |
|
676 | Zone 6: Begin at the southwest corner of Section 3, |
677 | Township 51 South, Range 40 East, Broward County, |
678 | Florida; thence northerly, along the west line of said |
679 | Section 3, to the northwest corner of said Section 3; |
680 | thence northerly, along the west line of Sections 34 and |
681 | 27, Township 50 South, Range 40 East, to the |
682 | intersection with the physical centerline of the South |
683 | New River Canal; thence meandering westerly, |
684 | northwesterly, southwesterly, southeasterly, southerly, |
685 | southwesterly and westerly, along said centerline, to |
686 | the intersection with the west line of Section 28, |
687 | Township 50 South, Range 40 East; thence northerly, |
688 | along the west line of Sections 28, 21, 16, 9 and 4, |
689 | Township 50 South, Range 40 East, to the intersection |
690 | with the centerline right-of-way of the North New River |
691 | Canal; thence southeasterly, along said centerline, to |
692 | the intersection with the west line of Section 3, |
693 | Township 50 South, Range 40 East; thence southerly, |
694 | along the west line of Sections 3 and 10, Township 50 |
695 | South, Range 40 East, to the northeast corner of Section |
696 | 16, Township 50 South, Range 40 East; thence westerly, |
697 | along the north line of said Section 16, to the north |
698 | one-quarter (N 1/4) corner of said Section 16; thence |
699 | southerly, along the west line of the east one-half (E |
700 | 1/2) of said Section 16, to the south one-quarter (S |
701 | 1/4) corner of said Section 16; thence easterly, along |
702 | the south line of Sections 16 and 15, Township 50 South, |
703 | Range 40 East, to the north one-quarter (N 1/4) corner |
704 | of Section 22, Township 50 South, Range 40 East; thence |
705 | southerly, along the west line of the east one-half (E |
706 | 1/2) of Sections 22 and 27, Township 50 South, Range 40 |
707 | East, to the intersection with the physical centerline |
708 | of the South New River Canal; thence easterly, along |
709 | said centerline, to the intersection with the east line |
710 | of Section 30, Township 50 South, Range 41 East; thence |
711 | southerly, along the east line of Sections 30 and 31, |
712 | Township 50 South, Range 41 East, to the north line of |
713 | Section 5, Township 51 South, Range 41 East; thence |
714 | westerly, along the north line of Sections 5 and 6, |
715 | Township 51 South, Range 41 East, to the northeast |
716 | corner of Section 1, Township 51 South, Range 40 East; |
717 | thence southerly, along the east line of said Section 1, |
718 | to the southeast corner of said Section 1; thence |
719 | westerly, along the south line of Sections 1, 2, and 3, |
720 | Township 51 South, Range 40 East, to the Point of |
721 | Beginning. Beginning at the Southwest corner of Section |
722 | 3, Township 51 South, Range 40 East, Broward County, |
723 | Florida; thence Northerly, along the West line of said |
724 | Section 3, to the Northwest corner of said Section 3; |
725 | thence Northerly, along the West line of Sections 34 and |
726 | 27, Township 50 South, Range 40 East, to the |
727 | intersection with the south side of the south bank of |
728 | the South New River Canal; thence Westerly, along said |
729 | south side of the south bank of the South New River |
730 | Canal, to the intersection with the West line of Section |
731 | 28, Township 50 South, Range 40 East; thence Northerly, |
732 | along the West line of Sections 28, 21, 16, 9 and 4, |
733 | Township 50 South, Range 40 East, to the intersection |
734 | with the north side of the north bank of the North New |
735 | River Canal; thence Southeasterly, along said north side |
736 | of the north bank of the North New River Canal, to the |
737 | intersection with the West line of Section 3, Township |
738 | 50 South, Range 40 East; thence Southerly, along the |
739 | West line Sections 3 and 10, Township 50 South, Range 40 |
740 | East, to the Northeast corner of Section 16, Township 50 |
741 | South, Range 40 East; thence Westerly, along the North |
742 | line of said Section 16, to the Northwest corner of the |
743 | East Half (E 1/2) of said Section 16; thence Southerly, |
744 | along the West line of said East Half (E 1/2) of Section |
745 | 16, to the Southwest corner of said East Half (E 1/2) of |
746 | Section 16; thence Easterly, along the South line of |
747 | Sections 16 and 15, Township 50 South, Range 40 East, to |
748 | the Northwest corner of the East Half (E 1/2) of Section |
749 | 22, Township 50 South, Range 40 East; thence Southerly, |
750 | along the West line of the East Half (E 1/2) of Sections |
751 | 22 and 27, Township 50 South, Range 40 East, to the |
752 | intersection with the south side of the south bank of |
753 | the South New River Canal; thence Easterly, along said |
754 | south side of the south bank of the South New River |
755 | Canal, to the intersection with the East line of Section |
756 | 30, Township 50 South, Range 41 East; thence Southerly, |
757 | along the East line of Sections 30 and 31, Township 50 |
758 | South, Range 41 East, to the North line of Section 5, |
759 | Township 51 South, Range 41 East; thence Westerly, along |
760 | the North line of Sections 5 and 6, Township 51 South, |
761 | Range 41 East, to the Northeast corner of Section 1, |
762 | Township 51 South, Range 40 East; thence Southerly, |
763 | along the East line of said Section 1, to the Southeast |
764 | corner of said Section 1; thence Westerly, along the |
765 | South line of Sections 1, 2, and 3, Township 51 South, |
766 | Range 40 East, to the Point of Beginning. |
767 | e. All commissioners shall serve a term of 4 years. An |
768 | election shall be held every 2 years to elect successors for |
769 | that each group of commission seats up for election. The terms |
770 | of the six commissioners shall be staggered. Elections for zones |
771 | 1, 2, and 6 shall be held in the 2010 general election and every |
772 | 4 years thereafter. Elections for zones 3, 4, and 5 shall be |
773 | held in the 2012 general election and every 4 years thereafter, |
774 | so as to have the various successors elected at the expiration |
775 | of the term of the respective groups. |
776 | f. A commissioner shall, at the time of qualification for |
777 | office, be a resident of the respective zone that he or she |
778 | desires to represent for the 90 30 days immediately preceding |
779 | the date of qualifying for nomination to office. Qualifying |
780 | dates shall be the same as the qualifying dates for County |
781 | Commission for the general election. A commissioner at the time |
782 | of his or her qualification for office shall be a qualified |
783 | voter in Broward County. |
784 | g. The compensation of each commissioner shall be set by |
785 | appropriate resolution of the board of commissioners, but shall |
786 | not exceed $400 dollars per month. Expenses shall be reimbursed |
787 | pursuant to Florida Statutes pertaining to per diem and travel |
788 | expenses of public officers, employees, and authorized persons, |
789 | and any subsequent amendments thereto. |
790 | h. Whenever a commissioner shall be absent from every |
791 | commission meeting held in 2 consecutive calendar months, such |
792 | commissioner shall at the discretion of the board of |
793 | commissioners receive no compensation nor reimbursement of |
794 | expenses for the next succeeding 2-month period. Such period |
795 | shall be cumulative. |
796 | i. In the event that a vacancy should occur in the office |
797 | of a commissioner, the remaining commissioners shall forthwith |
798 | appoint by a majority vote a successor commissioner having the |
799 | same qualifications, including zone resident requirements, as |
800 | prescribed herein for the office vacated, for the unexpired |
801 | term. If the commissioners shall fail to appoint a successor |
802 | commissioner within 30 days after a vacancy should occur, the |
803 | Governor shall appoint a successor commissioner for the |
804 | unexpired term. There is no prohibition on a commissioner |
805 | succeeding himself or herself in term of office. |
806 | j. A vacancy shall be deemed to occur if an elected |
807 | commissioner moves from his or her zone prior to the expiration |
808 | of the term to which he or she was elected. In that event, the |
809 | commission shall appoint a successor commissioner in accordance |
810 | with subsection i. Elected Those commissioners holding office as |
811 | of January 1, 2002, shall serve their full 4-year term. Those |
812 | commissioners elected in 2002 and 2004 shall assume office and |
813 | shall be installed at the first regularly scheduled meeting |
814 | following their election. |
815 | Section 5. Elections.-- |
816 | a. All general district elections and primaries for same, |
817 | unless otherwise provided in this charter, shall be in |
818 | accordance with the Florida Election Code and revisions thereto. |
819 | b. Only such qualified persons for the respective offices |
820 | shall be eligible to become candidates for such respective |
821 | offices. The names of all candidates who qualify for an election |
822 | shall be printed upon the election ballot. Every candidate for |
823 | nomination for office shall pay to the Supervisor of Elections |
824 | of Broward County the a filing fee for in the amount of 3 |
825 | percent of the annual salary of the office and shall designate |
826 | the office for which he or she has qualified. Each candidate for |
827 | nomination for an office shall also take, sign, and subscribe to |
828 | an oath or affirmation as may be required by law. in writing in |
829 | substantially the following form: |
830 | |
831 | STATE OF FLORIDA ) |
832 | ) ss. |
833 | COUNTY OF BROWARD ) |
834 | |
835 | BEFORE ME, an officer authorized to administer oaths, |
836 | personally appeared ..........., to me well known, who, being |
837 | sworn says that he or she is a candidate for office of |
838 | commissioner for zone .... for the Central Broward Water Control |
839 | District; that he or she is a qualified elector of Broward |
840 | County, Florida; that he or she is qualified under the |
841 | Constitution, the laws of Florida and the laws of Central |
842 | Broward Water Control District to which he or she desires to be |
843 | nominated or elected; that he or she has taken the oath required |
844 | by ss. 876.05-876.10, Florida Statutes (public employees; oath); |
845 | that he or she has not violated any of the laws of the state |
846 | relating to elections or the registration of electors; that he |
847 | or she has qualified for no other public office in the state, |
848 | the terms of which office or any part thereof runs concurrent |
849 | with that of the office he or she seeks; that he or she has |
850 | resigned from any office from which he or she is required to |
851 | resign pursuant to s. 99.012, Florida Statutes (restrictions on |
852 | individuals qualifying for public office); and that he or she |
853 | has submitted a sworn statement of contributions and |
854 | expenditures, if any, incurred prior to the time of qualifying |
855 | and since the last preceding general election; that he or she |
856 | has been a resident of zone .... of the district for the 30 days |
857 | immediately preceding the date of qualifying for nomination to |
858 | office or is otherwise qualified for nomination to office as |
859 | commissioner of zone .... of the district; and that he or she is |
860 | an owner in fee simple of land within the district. |
861 | |
862 | ...................... |
863 | Signature of Candidate |
864 | SWORN TO and subscribed before me |
865 | this .... day of ......, 19... |
866 | |
867 | ............... |
868 | Notary Public |
869 |
|
870 | c. Candidates for office shall be required to file their |
871 | qualification oath, fee, and designation of office with the |
872 | Supervisor of Elections of Broward County as prescribed by law, |
873 | at any time after noon of the first day for qualifying, which |
874 | shall be the 50th day prior to the first primary, but not later |
875 | than noon the 46th day prior to the first primary. If a |
876 | candidate fails to comply with the provisions herein, that |
877 | candidate's name shall not appear on the ballot. A candidate who |
878 | has filed the required oath and has paid the qualifying fee and |
879 | otherwise complied with the provisions herein shall be entitled |
880 | to have his or her name printed on the official ballot. |
881 | d. If only two persons qualify for any one particular |
882 | zone, then there shall be no primary election, and those |
883 | candidates shall appear on the general election ballot. If more |
884 | than two candidates qualify for any one particular zone, then |
885 | the names of those candidates shall be placed on the ballot at |
886 | the first primary election. The two candidates receiving the |
887 | highest number of votes of the electors for each zone in the |
888 | first primary election shall have their names printed on the |
889 | ballot for the general district election. |
890 | e. The candidate receiving the highest number of votes |
891 | cast by the electors in the general district election shall be |
892 | declared elected, as certified by the board of county canvassers |
893 | of Broward County. |
894 | f. The name of an unopposed candidate for the office of |
895 | commissioner shall not appear on any ballot, and such candidate |
896 | shall be deemed to have voted for himself or herself at the |
897 | general district election. |
898 | g. Upon receipt of the certificate of the county |
899 | canvassers board, the district secretary shall transmit such |
900 | returns to the board of commissioners at the next regularly |
901 | scheduled meeting. |
902 | h. The general district election shall be held on the |
903 | first Tuesday after the first Monday in November of each even- |
904 | numbered year. Each person to be allowed to vote in any election |
905 | must be a qualified elector of the State of Florida, must be a |
906 | permanent resident of the district and zone which the election |
907 | of commissioner is for, and must be registered as a voter of |
908 | Broward County. All elections shall be conducted on the |
909 | principles adopted for state and county elections. |
910 | i. In all elections, the regular registration books of |
911 | Broward County covering an area of the district shall be used, |
912 | and only those persons who are shown thereon as qualified |
913 | electors and residing within the district and zone which the |
914 | election of commissioner is for shall be entitled to vote in |
915 | said election. |
916 | Section 6. Recall.-- |
917 | a. Whenever 50 percent of the electors freeholders |
918 | qualified to vote as prescribed herein from each and every zone |
919 | of the district created hereby shall sign a petition addressed |
920 | to the board of commissioners demanding that a recall election |
921 | be held, the board of commissioners shall take the following |
922 | action: |
923 | (1) Said petition shall be referred to and handed over to |
924 | the secretary not later than 10 days after the board of |
925 | commissioners has been presented with the petition. |
926 | (2) Order the secretary to, and the secretary shall, check |
927 | the persons' names and eligibility signing the petition. The |
928 | secretary shall have 10 days in which to return same to the |
929 | board of commissioners along with his or her certification as to |
930 | whether or not the petition contains the proper percentage of |
931 | registered freeholders as prescribed herein. |
932 | (3) If the petition is valid as to the percentage of |
933 | petitioners, then the board of commissioners shall issue its |
934 | resolution proclaiming a recall election of those commissioners |
935 | whom the petition shall name. The resolution shall contain all |
936 | information required by this charter as set forth herein. |
937 | b. The recall petition shall state the name or names of |
938 | the elected commissioners desired to be recalled. No reason or |
939 | reasons for such recall shall be required to be stated in the |
940 | petition. |
941 | c. In addition to proclaiming the recall election of the |
942 | commissioner, the resolution shall state the date for the |
943 | holding of the election, which shall be not more than 60 days |
944 | after the date of the resolution. Further, the resolution shall |
945 | set the date of qualifying of candidates for the election, which |
946 | date shall be not more than 20 days from the passage of the |
947 | resolution. |
948 | d. The elected commissioner sought to be recalled shall |
949 | remain in office and carry on his or her regular duties until |
950 | his or her successor, if any there be, is elected and takes |
951 | office. In the event the commissioner sought to be recalled |
952 | desires to stand for election in the recall election, he or she |
953 | shall qualify in the same manner as any other candidate. |
954 | e. The recall election shall be held as any other general |
955 | election of commissioners. The offices sought to be vacated |
956 | shall be treated as though the term of the offices filling that |
957 | post were expiring. |
958 | f. In the event that more than two persons qualify for |
959 | each office sought to be vacated, then a primary election shall |
960 | be held and the time of holding such primary election shall be |
961 | not more than 35 days after the date of the recall resolution. |
962 | g. The person elected to the office vacated or sought to |
963 | be vacated shall take the oath of office and assume the duties |
964 | of the office not later than 7 days after the final election. |
965 | Section 7. Organization of board of commissioners.--At the |
966 | first regularly scheduled meeting following the first Tuesday |
967 | after the first Monday in November each year, the board of |
968 | commissioners shall assemble and organize by choosing one of |
969 | their members chair of the board, and choosing another one of |
970 | their members vice chair. In the event of a deadlock in |
971 | selecting a new chair or vice chair, the existing chair and vice |
972 | chair shall remain in office until a new chair or vice chair is |
973 | selected. Those commissioners elected to the position of chair |
974 | or vice chair in January 1998, shall continue in those offices |
975 | until the expiration of their terms. Those commissioners elected |
976 | to the position of chair or vice chair in January 1999, shall |
977 | hold those offices until the first regularly scheduled meeting |
978 | following the first Tuesday after the first Monday in November |
979 | 1999. The chair shall preside at all meetings. In the chair's |
980 | absence, the vice chair shall preside and have the same powers |
981 | and be subject to the same limitations as the chair. Four |
982 | members of the board including the chair, or the vice chair in |
983 | the chair's absence, shall constitute a quorum for all purposes. |
984 | In the absence of both the chair and vice chair, if a quorum is |
985 | otherwise present, the commissioner with the most seniority |
986 | shall be chair of such meeting and shall preside over the |
987 | meeting and have the same powers as the chair. The board shall |
988 | establish its own rules of procedure. In all matters, the board |
989 | shall act by resolution and the affirmative votes of a majority, |
990 | but not less than three of the members of the board that are |
991 | present at district meetings shall be required to make any |
992 | determination or effect any action. |
993 | Section 12. Taxation.-- |
994 | a. The board of commissioners of the district is |
995 | authorized to levy taxes on land only and not upon any |
996 | improvements thereon within the district up to and including 5 |
997 | mills per dollar of assessed valuation. In the absence of any |
998 | contrary action of the board of commissioners acting as a budget |
999 | commission as herein provided, the tax rate of each calendar |
1000 | year shall be at the maximum provided herein. |
1001 | b. Such taxes as provided herein and as may be determined |
1002 | to be necessary by the board of commissioners, acting as budget |
1003 | commission for the district for the operation of the affairs of |
1004 | the district, shall be certified to the Property Appraiser of |
1005 | Broward County, by the board of commissioners of Central Broward |
1006 | Water Control District, and shall be placed upon the tax rolls |
1007 | of Broward County, by the property appraiser, and shall be |
1008 | collected by the Revenue Tax Collector of Broward County, as now |
1009 | provided by law, and such taxes so levied shall become a lien |
1010 | under the law against the property within the boundaries of the |
1011 | Central Broward Water Control District and enforceable under the |
1012 | laws of the State of Florida pertaining to the Central Broward |
1013 | Water Control District. |
1014 | c. The manner and basis of taxation for the year 1970 |
1015 | shall be the same as existed for the Central Broward Water |
1016 | Control District prior to the enactment hereof. |
1017 | Section 17. Tax roll.-- |
1018 | a. The county Property Appraiser of Broward County shall |
1019 | certify to the board of commissioners of the Central Broward |
1020 | Water Control District the total assessed value of real property |
1021 | located within the boundaries of the district, on or before the |
1022 | first day of July of each year, said certification to be |
1023 | prepared from the tax roll of Broward County. |
1024 | b. It shall be the duty of the Property Appraiser of |
1025 | Broward County to enter upon the tax roll of the county the |
1026 | taxes or assessments levied by the district, upon certification |
1027 | of the same by the chair or secretary of the board, which |
1028 | certification shall be delivered on or before September 1 of |
1029 | each year. The tax or assessment shall be entered upon the tax |
1030 | roll in a proper column under the head of "Central Broward Water |
1031 | Control District" opposite the name of the person or persons or |
1032 | corporation owning such land in the manner provided by law for |
1033 | making up the tax roll for state and county taxes, or in case |
1034 | the ownership of such land is not shown upon such tax roll, then |
1035 | opposite the word "unknown." |
1036 | c. The tax or assessment levied by this charter shall |
1037 | constitute a lien upon the lands so assessed as of the first day |
1038 | of January of each year in which the entries are made in the tax |
1039 | rolls pursuant to subsection b., which lien shall be superior in |
1040 | dignity to all other liens upon said lands, except the lien for |
1041 | state and county taxes and other taxes of equal dignity, as to |
1042 | which taxes the said lien shall be coordinate. |
1043 | d. The property appraiser shall attach to the tax roll, a |
1044 | special warrant to the tax collector of the county for the |
1045 | collection of such drainage taxes, and the special warrant shall |
1046 | be signed by the property appraiser and shall be the authority |
1047 | of the tax collector of the collection of such taxes. The |
1048 | warrant shall be in substantially the following form: |
1049 | |
1050 | SPECIAL WARRANT FOR COLLECTION OF DRAINAGE TAXES: STATE |
1051 | OF FLORIDA, TO ............, TAX COLLECTOR OF THE COUNTY |
1052 | OF BROWARD. YOU ARE HEREBY COMMANDED TO COLLECT OUT OF |
1053 | THE REAL ESTATE AGAINST WHICH DRAINAGE TAXES ARE |
1054 | ASSESSED AND SET FORTH IN THIS ROLL, AND FROM THE |
1055 | PERSONS OR CORPORATIONS NAMED THEREIN, AGAINST WHOSE |
1056 | LANDS DRAINAGE TAXES ARE ASSESSED, THE DRAINAGE TAX SET |
1057 | DOWN IN SAID ROLL OPPOSITE EACH NAME, CORPORATION, OR |
1058 | PARCEL OF LAND THEREIN DESCRIBED, AND IN EACH CASE SUCH |
1059 | DRAINAGE TAX IS NOT PAID ON OR BEFORE THE FIRST DAY OF |
1060 | APRIL NEXT, YOU ARE TO COLLECT THE SAME BY LEVY AND SALE |
1061 | OF THE LANDS SO ASSESSED; AND ALL SUMS COLLECTED FOR |
1062 | DRAINAGE TAXES YOU ARE TO PAY TO THE TREASURER OF |
1063 | CENTRAL BROWARD WATER CONTROL DISTRICT. GIVEN UNDER MY |
1064 | HAND AND SEAL, THIS .... DAY OF ........, 19... |
1065 | |
1066 | .................................. |
1067 | PROPERTY APPRAISER, BROWARD COUNTY |
1068 | |
1069 | Such warrant shall remain in full force until all the Central |
1070 | Broward Water Control District taxes shown in said roll to be |
1071 | assessed shall be collected. |
1072 | d.e. The Revenue Tax Collector of Broward County shall |
1073 | make returns and remittances of money collected by him or her |
1074 | for Central Broward Water Control District in the manner and |
1075 | time provided by law. Central Broward Water Control District |
1076 | may, from time to time, make audits or checks of the tax |
1077 | assessment roll at the property appraiser's office, and the |
1078 | revenue tax collector shall furnish all that is required by law. |
1079 | e.f. No provision hereof shall in any way affect the power |
1080 | and authority of the Central Broward Water Control District to |
1081 | levy or collect any special assessment. |
1082 | g. The manner and basis of establishing the tax roll shall |
1083 | be the same as existed for the Central Broward Water Control |
1084 | District prior to 1970. |
1085 | Section 33. Powers of commissioners to carry out |
1086 | plan.--The board of commissioners of the district created hereby |
1087 | shall have full power and authority to put out requests for |
1088 | proposals or bids for contracts and to build, construct, |
1089 | excavate, and complete any and all works and improvements which |
1090 | may be needed to carry out, maintain, and protect "the state |
1091 | comprehensive water management plan." To accomplish that end the |
1092 | board of commissioners may employ persons and teams and purchase |
1093 | machinery, employ persons to operate same, and directly have |
1094 | charge of and construct the works and improvements in such |
1095 | manner or by use of other or more efficient means than provided |
1096 | for in the plans adopted. The board of commissioners may, at its |
1097 | discretion, award let the contract for such works and |
1098 | improvements, either as a whole or in sections, and when such |
1099 | contracts are awarded let they shall be advertised and awarded |
1100 | let to the lowest qualified, responsible and best bidder, as |
1101 | determined by the board, which bidder who shall give a good and |
1102 | approved bond, with ample security, conditioned that he or she |
1103 | will promptly carry out the contract for such work and |
1104 | improvements under such terms and conditions as the board of |
1105 | commissioners deems necessary; which contract shall be in |
1106 | writing and to which shall be attached, and made a part thereof, |
1107 | complete plans and specifications of the work to be done and |
1108 | improvements to be made under such contract, which plans and |
1109 | specifications shall be prepared by the district's engineer and |
1110 | shall be incorporated in, and attached to, the contract; and |
1111 | such contract shall be prepared by the attorney for the district |
1112 | and approved by the board of commissioners and signed by its |
1113 | chair or vice chair and the contractor and executed in |
1114 | duplicate. The district manager shall be the superintendent of |
1115 | all the works and improvements, and shall, at least once each |
1116 | year and when required, make a full report to the board of all |
1117 | work done and improvements made, and make suggestions and |
1118 | recommendations to the board as he or she may deem proper. |
1119 | Section 34. Rules and regulations.--The board of |
1120 | commissioners is hereby authorized to adopt, promulgate, and |
1121 | enforce all rules and regulations necessary and appropriate for |
1122 | the administration and enforcement of this charter. No such |
1123 | action shall be taken by the board of commissioners until after |
1124 | the holding by this board of commissioners of a public hearing |
1125 | on the proposed rules and regulations. The provisions of chapter |
1126 | 120, Florida Statutes (Administrative Procedure Act), shall |
1127 | apply to all such rules and regulations. As soon as practicable |
1128 | and as necessary, from time to time, the board of commissioners |
1129 | shall effect appropriate rules and regulations as deemed |
1130 | necessary, including, but not limited to, the following: |
1131 | a. Conditions precedent to be met for land to be platted |
1132 | in on the public records of the appropriate governmental |
1133 | authority to assure provisions for proper drainage and water |
1134 | management, the dedication of proper easements or rights-of-way |
1135 | to the district, and the procedures to be followed in connection |
1136 | therewith including cooperation with the county engineer, and |
1137 | the posting of such bonds in such amounts on such conditions as |
1138 | are deemed necessary in such plats to ensure the proper and |
1139 | timely completion of such drainage and water management |
1140 | provisions. No plat for the subdivision of any land within the |
1141 | district shall be entitled to be recorded record without the |
1142 | approval of the board of commissioners. |
1143 | b. Code of regulations, standards, general specifications |
1144 | and procedures, and design criteria for the obtainment of a |
1145 | permit and for hearings in connection therewith before the board |
1146 | of commissioners for approval of plans for all drainage |
1147 | improvements within the district, including structural |
1148 | improvements coming into, over, onto, or through any of the |
1149 | waterways of the district. |
1150 | c. Code of regulations, standards, procedures, and design |
1151 | criteria specifications as to content of discharge and effluents |
1152 | coming into the waterways of the district. |
1153 | Section 37. Eminent domain.--The district created hereby |
1154 | may acquire, by gift, purchase, exchange, donation, dedication, |
1155 | or condemnation, any lands within or without the said district |
1156 | for canal rights-of-way or easements, or for other general |
1157 | purposes of the said district, and, if acquired by condemnation, |
1158 | the procedure shall be as prescribed in chapter 73, Florida |
1159 | Statutes, Eminent Domain. |
1160 | Section 38. Obstructions, damage, and destruction |
1161 | prohibited; damages; penalties.--No person may willfully or |
1162 | otherwise obstruct any canal, drain, ditch, or watercourse or |
1163 | damage or destroy any drainage works constructed in the drainage |
1164 | district. |
1165 | a. Any person who shall willfully obstruct any canal, |
1166 | drain, ditch, or other watercourse, or shall damage or destroy |
1167 | any drainage works constructed by the drainage district, shall |
1168 | be liable to any person injured thereby for the full amount of |
1169 | the injury occasioned to any land or crops or other property by |
1170 | such misconduct and shall be liable to the drainage district |
1171 | constructing the work for double the cost of removing such |
1172 | obstruction or repairing such damage. The costs shall include |
1173 | all labor, materials, equipment, and supplies necessary to |
1174 | effect such removal or repair, and all costs and expenses, |
1175 | including reasonable attorney's fees, necessary to make any |
1176 | person injured or the drainage district whole. |
1177 | b. Any person who willfully or otherwise obstructs any |
1178 | canal, drain, ditch, or watercourse, or impedes or obstructs the |
1179 | flow of water thereof, or damages or destroys any drainage works |
1180 | constructed by any drainage district is guilty of a misdemeanor |
1181 | of the first degree, punishable as provided by general law. |
1182 | c. If the board of commissioners finds and determines that |
1183 | any dike, culvert, bridge, crossing, or any other device in any |
1184 | canal, drain, ditch, or watercourse which is used for servicing |
1185 | any property or providing access thereto constitutes an |
1186 | obstruction or impediment to the free flow of water or drainage |
1187 | or access to maintenance of any district facility, whether the |
1188 | same has been so placed in or near any canal, drain, ditch, or |
1189 | watercourse under permit by the district or otherwise, the |
1190 | record owner of the property provided access or service shall be |
1191 | notified in writing of such obstruction with a demand therein |
1192 | that such owner cause the condition to be remedied. The notice |
1193 | shall be given by registered mail, addressed to the owner or |
1194 | owners of the property described, as their names and addresses |
1195 | are shown upon the records of the county property appraiser, and |
1196 | shall be deemed complete and sufficient when so addressed and |
1197 | deposited in the United States mail with proper postage prepaid. |
1198 | In the event that such notice is returned by postal authorities, |
1199 | the district shall cause a copy of the notice to be served by |
1200 | any officers, commissioners, or agents of the district, an |
1201 | affidavit of such service by such officer, commissioner, or |
1202 | agent filed in the minutes of the district shall be proof of |
1203 | service thereof, upon the occupant of the property or upon any |
1204 | agent of the owner thereof. In the event that personal service |
1205 | upon the occupant of the property or upon any agent of the owner |
1206 | thereof cannot be performed after a reasonable search, the |
1207 | notice shall be accomplished by physical posting on the |
1208 | property. The notice shall be in substantially the following |
1209 | form: |
1210 |
|
1211 | Name of Owner:................. |
1212 | Address of Owner:................. |
1213 |
|
1214 | Our records indicate you are the owner(s) of the |
1215 | following property located in the Central Broward Water |
1216 | Control District, Broward County, Florida: |
1217 |
|
1218 | (describe property) |
1219 |
|
1220 | An inspection of this property and the abutting canal, |
1221 | drain, ditch, or watercourse discloses, and the Board of |
1222 | Commissioners of the Central Broward Water Control |
1223 | District has found and determined, that an obstruction |
1224 | in said canal, drain, ditch, or watercourse exists, |
1225 | thereby impeding the free flow of water or and drainage |
1226 | or access to maintenance of a district facility and |
1227 | constituting a hazard and danger to the inhabitants |
1228 | within the Central Broward Water Control District so as |
1229 | to constitute a violation of the charter and regulations |
1230 | of the Central Broward Water Control District in that: |
1231 |
|
1232 | (describe the condition which places |
1233 | the property in violation.) |
1234 |
|
1235 | You are hereby notified that unless the condition above |
1236 | described is remedied so as to make it nonviolative of |
1237 | the charter and regulations of the Central Broward Water |
1238 | Control District within 20 days from the date hereof, |
1239 | the Central Broward Water Control District will proceed |
1240 | to remedy this condition and the cost of the work, |
1241 | including advertising costs and all other expenses, will |
1242 | be imposed as lien on the property if not otherwise paid |
1243 | within 30 days after receipt of billing. |
1244 |
|
1245 | Central Broward Water Control District |
1246 | BY................. |
1247 |
|
1248 | d. Within 20 days after the mailing of the notice to him |
1249 | or her, the owner of the property may make written request to |
1250 | the board of commissioners for a hearing before that body to |
1251 | show that the condition alleged in the notice does not exist or |
1252 | that such condition does not constitute an obstruction or |
1253 | impediment to the drainage and free flow of water in any canal, |
1254 | ditch, drain, or watercourse of the district. At the hearing, |
1255 | the district and the property owner may introduce such evidence |
1256 | as is deemed necessary. |
1257 | e. If within 20 days after mailing of the notice no |
1258 | hearing has been requested and the condition described in the |
1259 | notice has not been remedied, the district shall cause the |
1260 | condition to be remedied by the district at the expense of the |
1261 | property owner. If a hearing has been held and has concluded |
1262 | adversely to the property owner, the district may cause the |
1263 | condition to be remedied at the expense of the property owner, |
1264 | by appropriate resolution, and may order the removal of the |
1265 | same, including any appurtenances thereto, and may provide for |
1266 | the payment of all or any part of the cost of any such removal |
1267 | by levying and collecting a special assessment on the property |
1268 | affected or afforded service by such bridge, culvert, etc. |
1269 | f. After causing the condition to be remedied, the |
1270 | secretary of the district shall certify to the board the |
1271 | expenses incurred in remedying the condition. Upon the receipt |
1272 | of such certificate, the board of commissioners shall review the |
1273 | same and determine the amount to be assessed against such |
1274 | property by resolution. Upon adoption of the resolution, the |
1275 | assessment shall constitute a lien on the respective lots or |
1276 | parcels of land or other real property upon which they are |
1277 | levied, superior to all other liens, except those for district |
1278 | and county taxes. |
1279 | g. The board of commissioners shall cause to be recorded |
1280 | in the office of the clerk of the circuit court, in and for |
1281 | Broward County, a copy of the resolution within 10 days after |
1282 | the adoption thereof. The assessment shall be payable at the |
1283 | time and in the manner stipulated in the resolution and the |
1284 | assessment shall remain a lien coequal with the lien of other |
1285 | taxes, superior in dignity to all other liens, titles, and |
1286 | claims, until paid and shall bear interest at a rate not to |
1287 | exceed 18 percent per annum from the date of the resolution. |
1288 | h. Upon the failure of any property owner to pay the |
1289 | assessment or any installment thereof or any part thereof as |
1290 | provided for in the resolution, the board of commissioners shall |
1291 | cause to be brought the necessary legal proceedings to enforce |
1292 | payment thereof with all the accrued interest and penalties, |
1293 | together with all legal costs incurred, including reasonable |
1294 | attorneys' fees, to be assessed as a part of the cost; and in |
1295 | the event of default in the payment of any installment of an |
1296 | assessment, or any accrued interest on said assessment, the |
1297 | whole assessment with the interest and penalties thereon shall |
1298 | immediately become due and payable and subject to foreclosure. |
1299 | In the foreclosure of any assessment, service of process against |
1300 | unknown or nonresident defendants may be had by publication, as |
1301 | provided by law. Foreclosure proceedings shall be prosecuted to |
1302 | the sale and conveyance of the property involved in said |
1303 | proceedings as provided by law in suits to foreclose mortgages; |
1304 | or, in the alternative, said proceedings may be instituted and |
1305 | prosecuted under chapter 173, Florida Statutes, Foreclosure of |
1306 | Municipal Tax and Special Assessment Liens. |
1307 | i. The remedies provided in subsections c. through h. are |
1308 | in addition to and not in lieu of other remedies provided for in |
1309 | this charter or otherwise. |
1310 | Section 39. Extensions of boundaries.--The boundary line |
1311 | of the district as defined in this act may be extended to |
1312 | include additional adjacent land at any time in the discretion |
1313 | of the board of commissioners upon such conditions as the board |
1314 | of commissioners of the district may prescribe upon petition of |
1315 | the landowners freeholders owning 51 percent or more of the land |
1316 | in the area sought to be included in this district by such |
1317 | boundary extension. The petition of such landowners freeholders |
1318 | shall be directed to the board of commissioners of this |
1319 | district, and shall be in writing and duly signed and |
1320 | acknowledged by each of the landowners freeholders seeking to |
1321 | include such area in the extended boundaries of this district. |
1322 | The area included in this district shall be defined and the |
1323 | inclusion thereof shall be affirmed by an appropriate resolution |
1324 | of the board of commissioners of this district at a regular or |
1325 | special meeting called for that purpose, which resolution shall |
1326 | be preserved in the minutes of such meeting, and shall be |
1327 | recorded in the public records of Broward County, Florida. The |
1328 | board of commissioners of this district shall thereafter have |
1329 | jurisdiction and hold and be entitled to exercise all of the |
1330 | right, power, and authority for the drainage, water management |
1331 | services conducted pursuant to this section, and improvement of |
1332 | the land or area so included in this district as is granted such |
1333 | board of commissioners by this charter with respect to the lands |
1334 | within the boundaries of this district as hereinabove set forth, |
1335 | it being the intention of the Legislature to confer upon the |
1336 | board of commissioners for the drainage and water control |
1337 | district hereby created the same rights, powers and authorities, |
1338 | duties, responsibilities, and obligations over the lands so |
1339 | included in this district as is by this charter conferred upon |
1340 | them with reference to the lands within the boundaries of this |
1341 | district as hereby created and established. |
1342 | Section 40. Subdivision regulation.-- |
1343 | a. It is the intent and purpose of this charter to promote |
1344 | and provide for the public health, safety, comfort, convenience, |
1345 | and welfare necessary and required to promote the harmonious, |
1346 | orderly, and progressive development of land within the |
1347 | district. It is the further intent of this charter to secure the |
1348 | establishment of standards of subdivision designs, which will |
1349 | encourage the development of sound and economically stable |
1350 | communities, and the creation of healthful living environments. |
1351 | b. A subdivision for the purpose of this charter is hereby |
1352 | defined as: The division of a parcel of land, whether improved |
1353 | or unimproved, into three or more lots, or other divisions of |
1354 | land for the purpose, whether immediate or future, of transfer |
1355 | of ownership, or, if the establishment of any new street is |
1356 | involved, any division of such parcel; provided that the |
1357 | division of land into parcels of more than 5 acres not involving |
1358 | any changes in street lines or public easements shall not be |
1359 | deemed to be a subdivision within the meaning of this charter. |
1360 | The term includes a resubdivision and, when appropriate to |
1361 | context, shall relate to the process of subdivision or to land |
1362 | subdivided. The singular usage includes the plural and the |
1363 | plural the singular. |
1364 | c. Any division of a parcel of land as a subdivision shall |
1365 | be subject to such plat and subdivision regulations heretofore |
1366 | adopted or hereafter adopted, amended, or modified by the |
1367 | district under authority of law. Such regulations may provide |
1368 | for streets in the subdivision, to be of such width, grade, and |
1369 | location as to facilitate drainage; provide that adequate |
1370 | easements and rights-of-way be provided for drainage purposes |
1371 | and that the layout of the subdivision conform to the |
1372 | comprehensive plan for drainage for the area; and provide that |
1373 | for the Central Broward Water Control District's drainage |
1374 | requirements to be met. The district shall not approve any |
1375 | subdivision plats unless the land included within the |
1376 | subdivision is suitable or shall be made suitable to the various |
1377 | purposes for which it is intended to be used, and in particular, |
1378 | unless all land intended for building sites can be used safely |
1379 | for building purposes, without the danger from flood of other |
1380 | inundation, or from any such menace to health, safety, or public |
1381 | welfare. It shall be unlawful for anyone being an owner, or |
1382 | agent of an owner, of any land to transfer, sell, agree to sell, |
1383 | or negotiate to sell such land by reference to, or exhibition |
1384 | of, or by any other use of a plat or subdivision of such land, |
1385 | without having submitted a plat of such subdivision to the |
1386 | district and obtaining its approval as required by this charter. |
1387 | If such unlawful use be made of a plat before it is properly |
1388 | approved by the district, the owner, or the agent of the owner, |
1389 | of such land shall be guilty of a misdemeanor, punishable as |
1390 | provided by general law. The description by metes and bounds in |
1391 | the instrument of transfer or other documents used in the |
1392 | process of transferring shall not exempt the transaction from |
1393 | such penalties. It shall be unlawful to transfer lots or units |
1394 | of lots by metes and bounds description in order to circumvent |
1395 | the provisions of this charter. The district, through its legal |
1396 | representatives, may enjoin such transfers or sales or |
1397 | agreements by injunction or other appropriate action. |
1398 | Section 42. Procurement of contractual services and |
1399 | purchase of goods, supplies, and materials.--The Board of |
1400 | Commissioners of the Central Broward Water Control District in |
1401 | Broward County may procure contractual services and purchase |
1402 | goods, supplies, and materials as provided in this section. |
1403 | a. All contracts let by the board of commissioners for |
1404 | professional architectural, engineering, landscape |
1405 | architectural, or land surveying services for any project |
1406 | authorized by this charter must comply with s. 287.055, Florida |
1407 | Statutes, Consultants Competitive Negotiation Act. |
1408 | b. Except as stated herein and as provided in subsections |
1409 | c., d., and e. and in s. 287.055, Florida Statutes, the board of |
1410 | commissioners may not enter into a contract for the construction |
1411 | or maintenance of any improvements authorized under this |
1412 | charter, and goods, supplies, or materials may not be purchased |
1413 | if the amount to be paid by the district under the contract or |
1414 | for the goods, supplies, or materials exceeds $10,000, unless |
1415 | notice of bids is advertised advertized in a newspaper of |
1416 | general circulation in Broward County. The bid of the lowest |
1417 | responsible, acceptable bidder must be accepted, unless all bids |
1418 | are rejected. The board of commissioners may require the bidders |
1419 | to furnish a bond or letter of credit with responsible surety to |
1420 | be approved by the board of commissioners. This section does not |
1421 | prevent the board of commissioners from undertaking and |
1422 | performing the construction, operation, and maintenance of any |
1423 | project, facility, or improvement authorized under this charter, |
1424 | by the employment of labor, material, and machinery. |
1425 | c. Notwithstanding subsection b., if the board of |
1426 | commissioners finds, by resolution, that the use of competitive |
1427 | bidding is not practicable, contractual services and purchases |
1428 | of goods, supplies, or materials may be procured by competitive |
1429 | sealed proposals. The request for proposals must include a |
1430 | statement of the services sought or the goods, supplies, or |
1431 | materials requested and all contractual terms and conditions |
1432 | applicable to the procurement of the contractual services or of |
1433 | the goods, supplies, or materials requested. The contract must |
1434 | be awarded to the responsive offeror whose proposal is |
1435 | determined to be the most advantageous to the district, taking |
1436 | into consideration price and other evaluation criteria set forth |
1437 | in the request for proposals. |
1438 | d. If the board of commissioners finds, by resolution, |
1439 | that an immediate danger to the public health, safety, or |
1440 | welfare or substantial loss to the district or property owners |
1441 | in the district requires emergency action, the board of |
1442 | commissioners may procure contractual services necessitated by |
1443 | the immediate danger or substantial loss without competition. |
1444 | However, such emergency procurement shall be made with such |
1445 | competition as is practicable under the circumstances. |
1446 | e. If competitive bids or proposals for contractual |
1447 | services or for purchases of goods, supplies, or materials are |
1448 | not received, the board of commissioners may negotiate and |
1449 | determine the best terms and conditions. |
1450 | Section 43. Severability.--In the event any section or |
1451 | provision of this act is determined to be invalid or |
1452 | unenforceable, such determination shall not affect the validity |
1453 | or enforceability of each other section and provision of this |
1454 | act, and to this end the provisions of this act are declared |
1455 | severable. |
1456 | Section 2. This act shall take effect upon becoming a law. |