Senate Bill sb2600

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2002        (NP)                      SB 2600

    By Senator Posey





    15-1671-02                                         See HB 1929

  1                      A bill to be entitled

  2         An act relating to the Melbourne-Tillman Water

  3         Control District, Brevard County; amending

  4         chapter 2001-336, Laws of Florida; amending

  5         district boundaries; amending the powers and

  6         duties of the Melbourne-Tillman Water Control

  7         District, a dependent special district in

  8         Brevard County, to authorize the district to

  9         sell, lease, or otherwise dispose of real

10         property; providing the procedure for such

11         sale, lease, or other disposition; providing an

12         effective date.

13

14  Be It Enacted by the Legislature of the State of Florida:

15

16         Section 1.  Section 3 of section 3 of chapter 2001-336,

17  Laws of Florida, is amended and section 32 is added to that

18  section, to read:

19         Section 3.  Special district.--There is hereby created

20  and incorporated the Melbourne-Tillman Water Control District,

21  a dependent special district, for the purpose of constructing,

22  reconstructing and repairing, maintaining, and operating a

23  surface water management system. The boundaries of the

24  District are:

25

26         All of Township 29 South, Range 36 East, and

27         portions of Township 29 South, Range 37 East,

28         Township 28 South, Range 36 East and Township

29         28 South, Range 37 East in Brevard County,

30         Florida being more particularly described as

31         follows:

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    Florida Senate - 2002        (NP)                      SB 2600
    15-1671-02                                         See HB 1929




  1

  2         Township 29 South, Range 37 East:

  3

  4         The West 1/2 of Sections 3, 27 and 34, and all

  5         of Sections 4 through 9, 16 through 21, and 28

  6         through 33, and the West 1/2 of the Southwest

  7         1/4 of the Northeast 1/4 of Section 34.

  8

  9         Township 28 South, Range 36 East:

10

11         The South 1/2 of Sections 1 through 5, the

12         Southeast 1/4 of Section 6, and all of Sections

13         7 through 36.

14

15         Township 28 South, Range 37 East:

16

17         (a)  The Southwest 1/4 of Section 6, the West

18         1/2 and Southeast 1/4 of Section 7, the West

19         1/2 of Section 17, the South 1/2 of Section 21,

20         a portion of the Southwest 1/4 of Section 22

21         described as the West 1/2 of the Northwest 1/4

22         of the Southwest 1/4, less Parcel 543, the

23         South 1/2 of Section 27, less a portion of the

24         North 1/2 of the South 1/2 described as the

25         area bounded by the west section line, then

26         southerly along the section line to a point 419

27         feet distant, then easterly to a point along

28         the east section line 450 feet southerly of the

29         midpoint of the east section line, then

30         northerly along the section line to the

31         midpoint of the section line, then westerly to

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    Florida Senate - 2002        (NP)                      SB 2600
    15-1671-02                                         See HB 1929




  1         the midpoint of the west section line, the

  2         point of beginning, the West 1/2, Northeast 1/4

  3         and a portion of the Southeast 1/4 described as

  4         the North 1/2 of the Southeast 1/4 and Lot 4

  5         and the West 1/2 of Lot 3, all within Section

  6         34, the West 1/2 of the Northwest 1/4 and

  7         Northwest 1/4 of the Southwest 1/4 of Section

  8         35, and all of Sections 18 through 20, and 28

  9         through 33.

10

11         (b)  Tracts 1, 2, 3 & 4 of the Garner Acres

12         Plat, a replat of a portion of Central

13         Highlands, as recorded in Plat Book 47, Page

14         13, of the Public Records of Brevard County,

15         Florida, lying in Section 8.

16

17         (c)  Tax I.D. Parcels 503, 505, 507 & 508 lying

18         in Section 8.

19

20         (d)  Lot 29, Florida Indian River Land Company,

21         as recorded in Plat Book 1, Page 164, of the

22         Public Records of Brevard County, Florida,

23         lying in Section 17.

24

25  The District shall constitute a dependent special district

26  under the laws of the state.

27         Section 32.  Disposition of real property.--

28         (1)  The Board of Directors is authorized to sell,

29  lease, or otherwise convey or dispose of any lands, or any

30  interests or rights in lands to which the District has title,

31  or to which it may hereafter acquire title, whenever the Board

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






    Florida Senate - 2002        (NP)                      SB 2600
    15-1671-02                                         See HB 1929




  1  of Directors determines it is in the best interest of the

  2  District to do so at the best price and terms obtainable, for

  3  such terms and such conditions as the Board of Directors may

  4  in its discretion determine. The power to sell, lease, or

  5  otherwise convey granted herein specifically includes the

  6  power by the District to enter into public-private

  7  partnerships regarding District lands upon such terms and

  8  conditions as the Board of Directors may in its discretion

  9  determine.

10         (a)  All sales of land, or interests or rights in land,

11  or the lease of any interests in land, shall be for cash or

12  upon terms and security to be approved by the Board of

13  Directors. No deed shall be executed and delivered for any

14  sale until full payment is made and received by the District.

15         (b)  Before selling or leasing any land, or any

16  interest or rights in and to any land, it shall be the duty of

17  the District to cause a notice of intention to sell or lease

18  to be published in a newspaper published in Brevard County no

19  less than once each week for 2 successive weeks. The first

20  publication shall be not less than 15 days nor more than 30

21  days prior to the meeting at which the proposed sale or lease

22  will be considered. The notice shall set forth a description

23  of the lands or interests or rights in lands offered for sale

24  or lease.

25         (c)  Deeds of conveyance of lands, the titles to which

26  are held by the District or in the name of its Board of

27  Directors, may be in substantially the following form:

28

29         THIS DEED, MADE THIS ____ day of ___________,

30         ____ BY MELBOURNE-TILLMAN WATER CONTROL

31         DISTRICT, A DEPENDENT SPECIAL DISTRICT OF THE

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    Florida Senate - 2002        (NP)                      SB 2600
    15-1671-02                                         See HB 1929




  1         STATE OF FLORIDA, PARTY OF THE FIRST PART, AND

  2         _____________________, PARTY OF THE SECOND

  3         PART.

  4

  5                       WITNESSETH:

  6

  7         THAT THE SAID PARTY OF THE FIRST PART, FOR AND

  8         IN CONSIDERATION OF THE SUM OF ______________

  9         DOLLARS, TO IT IN HAND PAID BY THE PARTY OF THE

10         SECOND PART, RECEIPT WHEREOF IS HEREBY

11         ACKNOWLEDGED, HAS GRANTED, BARGAINED, AND SOLD

12         TO THE PARTY OF THE SECOND PART, HIS, HER, OR

13         ITS HEIRS AND ASSIGNS FOREVER, THE FOLLOWING

14         DESCRIBED LAND LYING AND BEING IN BREVARD

15         COUNTY, FLORIDA:

16

17                         (LEGAL)

18

19         IN WITNESS WHEREOF, THE SAID PARTY OF THE FIRST

20         PART HAS CAUSED THESE PRESENTS TO BE EXECUTED

21         IN ITS NAME BY ITS BOARD OF DIRECTORS ACTING BY

22         THE CHAIR OR VICE-CHAIR OF SAID BOARD, THE DAY

23         AND YEAR AFORESAID.

24                                 MELBOURNE-TILLMAN WATER

25                                 CONTROL DISTRICT

26

27         (OFFICIAL SEAL)         BOARD OF DIRECTORS

28

29         ATTEST:                 By:______________________

30         __________________      Its __________________

31         CLERK

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    Florida Senate - 2002        (NP)                      SB 2600
    15-1671-02                                         See HB 1929




  1

  2         (d)  No such deed of conveyance shall be required to be

  3  witnessed or acknowledged, but shall be entitled to record

  4  when properly executed.

  5         (e)  All deeds of conveyance or leases by the District

  6  or by its Board of Directors shall convey or lease only the

  7  interest of the District and/or its Board of Directors in the

  8  property covered thereby, and shall not be deemed to warrant

  9  the title to any property sold, leased, released, or conveyed

10  or to represent any state of facts concerning same.

11         (2)  The Board of Directors may exchange lands, or

12  interests or rights in lands, owned by, or lands or interests

13  or rights in lands for which title is otherwise vested in the

14  District, for other lands, or interest or rights in lands

15  within the state owned by any person. The Board of Directors

16  shall fix the terms and conditions of any such exchange, and

17  may pay or receive any sum of money that the Board of

18  Directors considers necessary to equalize the values of

19  exchanged properties. Before any exchange of property is

20  effected, notice of the meeting at which said exchange is

21  considered shall be published in a newspaper of general

22  circulation published in Brevard County prior to the adoption

23  by the Board of Directors of a resolution authorizing the

24  exchange of properties. Notice shall be published at least

25  once not less than 7 days nor more than 14 days prior to the

26  meeting at which the resolution will be considered.

27         (3)  In the event that the District seeks to purchase

28  property, it may utilize the procedures set forth in section

29  166.045, Florida Statutes, and any amendments thereto.

30         Section 2.  This act shall take effect upon becoming a

31  law.

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