HB 1561 2003
1	A bill to be entitled
2	An act relating to the North Lauderdale Water Control
3	District, Broward County; codifying, amending, reenacting,
4	and repealing the district's special acts; providing that
5	the district may borrow money at a rate not exceeding that
6	which is provided by law; providing for the members of the
7	board of supervisors to be known as the city commission of
8	the City of North Lauderdale; amending the meeting notice
9	requirements and clarifying that meetings be held at a
10	public place; providing that the interest rates on tax
11	anticipation notes issued by the board shall not exceed the
12	maximum rate allowed by law; providing for the use of non-
13	ad valorem assessments; providing that this act shall take
14	precedence over any conflicting law to the extent of such
15	conflict; providing for severability; repealing chapters
16	63-661, 82-273, 85-385, 94-428, and 97-370, Laws of Florida
17	providing an effective date.
18
19	Be It Enacted by the Legislature of the State of Florida:
20
21	Section 1. Pursuant to section 189.429, Florida Statutes,
22	this act constitutes a codification of all special acts relating
23	to the dependent special district known as the North Lauderdale
24	Water Control District. It is the intent of the Legislature in
25	enacting this law to provide a single, comprehensive special act
26	charter for the district, including all current legislative
27	authority granted to the district by its several legislative
28	enactments and any additional authority granted by this act.
29	Section 2. Chapters 63-661, 82-273, 85-385, 94-428, and 97-
30	370, Laws of Florida, are codified, reenacted, amended, and
31	repealed as provided herein.
32	Section 3. The charter for the North Lauderdale Water
33	Control District is re-created and reenacted to read:
34	Section 1. DISTRICT CREATED AND BOUNDARIES THEREOF.--That
35	for the purpose of reclaiming, draining, and conserving the lands
36	hereinafter described, and protecting said lands from the effects
37	of water by means of the construction and maintenance of canals,
38	ditches, levees, dikes, pumping plants, and other drainage works
39	and improvements, and for the purpose of making the lands within
40	said district available and habitable for settlement and
41	agriculture and for the public convenience, welfare, utility, and
42	benefit, and for the other purposes stated in the act, a Drainage
43	District is hereby established in Broward County, to be known as
44	North Lauderdale Water Control District, a drainage district, the
45	territorial boundaries of which are to-wit:
46
47	A portion of the Southeast One-Quarter (SE 1/4) of
48	Section 26, Township 50 South, Range 40 East, Broward
49	County, Florida, being more particularly described as
50	follows:
51	COMMENCE at the intersection of the baseline of survey of
52	Griffin Road with baseline of survey of Flamingo Road as
53	shown on the Florida Department of Transportation Right-
54	of-Way Map, Section No. 86190-2517, Sheet 2 of 16;
55	THENCE South 88°29’39” West, 85.01 feet;
56	THENCE South 01°47’01” East, along the West right-of-
57	way line of Flamingo Road, 688.37 feet;
58	THENCE South 88°12’59” West, 315.65 feet to the POINT
59	OF BEGINNING;
60	THENCE continue South 88°12’59” West, 294.35 feet;
61	THENCE North 01°47’01” West, 571.50 feet to a point on
62	the South right-of-way line of said Griffin Road;
63	THENCE South 87°58’34” East along said South right-of-
64	way line, 233.02 feet;
65	THENCE North 88°29’39” East along said South right-of-
66	way line 64.55 feet; THENCE South 01°30’21” East,
67	555.72 feet to the POINT OF BEGINNING. Said lands
68	lying in the City of Cooper City, Broward County,
69	Florida, containing 166,206 square feet (3.815 acres),
70	more or less.
71
72	It is hereby determined, declared, and enacted that said lands in
73	their present condition are wet and subject to overflow and that
74	the drainage, reclamation, and protection of said lands from the
75	effects of water and thereby the making of said lands available
76	for agricultural purposes by drainage, reclamation, and
77	improvement, in the creation of said district with the powers
78	vested in it by this act are in the interest of and conducive to
79	the public welfare, health, and convenience.
80	Section 2. PROVISIONS OF CHAPTER 298, FLORIDA STATUTES, MADE
81	APPLICABLE.--A public corporation and a political subdivision of
82	the state is hereby created under the name and style of "North
83	Lauderdale Water Control District." The provisions of the General
84	Drainage Laws of Florida applicable to Drainage Districts which
85	are embodied in chapter 298, Florida Statutes, and all the laws
86	amendatory thereof, now existing or hereinafter enacted so far as
87	not inconsistent with this act, are hereby declared to be
88	applicable to said North Lauderdale Water Control District. Said
89	North Lauderdale Water Control District shall have all the powers
90	and authorities mentioned in or conferred by said chapter 298,
91	Florida Statutes, and acts amendatory thereof, except as herein
92	otherwise provided.
93	Section 3. POWERS OF THE DISTRICT.--Said District shall have
94	the power to sue and be sued by its name in any court of law or in
95	equity; to make contracts; to adopt and use a corporate seal and
96	to alter the same at pleasure; to acquire by purchase, gift, or
97	condemnation, real and personal property, either or both, within
98	or without the District, and to convey and dispose of such real
99	and personal property as may be necessary and convenient to carry
100	out the purposes, or any of the purposes, of this act and chapter
101	298, Florida Statutes; to construct, operate, and maintain canals,
102	ditches, drains, levees, dikes, and other works for drainage
103	purposes; to acquire, purchase, operate, and maintain pumps,
104	plants, and pumping systems for drainage purposes; to construct,
105	operate, and maintain irrigation works, machinery, and plants; to
106	construct, improve, pave, and maintain roadways and roads
107	necessary and convenient for the exercise of the powers or duties
108	or any of the powers or duties of said District or the Supervisors
109	thereof; to pump water into and out of canals, ditches, drains,
110	and other works of the District, or onto or from the lands in said
111	District, and to regulate and control the flow of water into and
112	out of said District; in maintaining and operating canals, drains,
113	levees, dikes, dams, locks, reservoirs, pumping stations, and
114	water control structures, the Board of Supervisors, its agents,
115	and its employees, shall have the authority to enter at all
116	reasonable times upon the lands adjacent to any such drainage
117	works in order to transport and use men, equipment, machinery, and
118	materials necessary to properly maintain, preserve, and operate
119	such drainage works and in furtherance of the purposes and intent
120	of this act and chapter 298, Florida Statutes, to construct,
121	improve, and pave roadways and roads necessary and convenient to
122	provide access to, and efficient development of, areas made
123	suitable and available for cultivation, settlement, and other
124	beneficial use and development as a result of the drainage and
125	reclamation operations of the District; to borrow money and issue
126	negotiable or other bonds of said District as hereinafter
127	provided; to borrow money from time to time, and issue negotiable
128	or other notes of said District therefor, bearing interest not
129	exceeding the rate prescribed by general or special law, in
130	anticipation of the collection of taxes, levies, and assessments
131	or revenues of said District and to pledge or hypothecate such
132	taxes, levies, assessments, and revenues to secure such bonds,
133	notes, or obligations, and to sell, discount, negotiate, and
134	dispose of the same; and to exercise all other powers necessary,
135	convenient, or proper in connection with any of the powers or
136	duties of said District stated in this act, or chapter 298,
137	Florida Statutes. The powers and duties of said District shall be
138	exercised by and through the Board of Supervisors thereof, which
139	Board shall have the authority to employ engineers, attorneys,
140	agents, employees, and representatives as the Board of Supervisors
141	may from time to time determine, and to fix their compensation and
142	duties.
143	Section 4. BOARD OF SUPERVISORS; ORGANIZATION; POWERS,
144	DUTIES, AND TERMS OF OFFICE.--There is hereby created a Board of
145	Supervisors of the North Lauderdale Water Control District which
146	shall be the governing body of said District. The members of the
147	Board of Supervisors of said District shall be composed of five
148	members, who shall be the five sitting members of the City
149	Commission of the City of North Lauderdale. The City Commission
150	shall continue all of the duties, functions, and responsibilities
151	under this act of the supervisors of the district after this act
152	becomes law.
153	The term of office of each member of the board of supervisors
154	shall be coincidental with that member's term of office as a
155	member of the City Commission. The members shall assume full
156	duties as a member of the board of supervisors once he or she
157	takes the oath of office as a member of the City Commission.
158	(1) Terms of office for the board of supervisors shall be
159	concurrent with the length of time the Commission member is in
160	office.
161	(2) An annual meeting of the board of supervisors shall be
162	held during the first week of June and otherwise in accordance
163	with this act. At the annual meeting of the board of supervisors,
164	the board shall elect, from its members, a Chair, and a Vice
165	Chair, who shall serve in said positions until the next annual
166	meeting or expiration of his or her term.
167	Section 5. MEETINGS OF BOARD OF SUPERVISORS.--The Board of
168	Supervisors shall have the power to call special meetings at any
169	time to receive reports or consider and act upon any matter.
170	Notice of all meetings shall be given by the Board of Supervisors
171	by causing publication thereof to be made once at least 5 days
172	prior to such meeting in some newspaper published in Broward
173	County, or by sending sufficient notice through the mail to each
174	landowner. In cases of emergency as determined by a majority of
175	the Board, this notice requirement may be waived. The meetings
176	shall be held in some public place, and the place, day, and hour
177	of holding such meeting shall be stated in the notice. The Chair
178	of the Board of Supervisors shall preside at such meeting. The
179	City Clerk of the City of North Lauderdale shall serve as
180	Secretary of the Board of Supervisors and shall be the Secretary
181	at the meeting. The Board of Supervisors of the North Lauderdale
182	Water Control District shall meet not less than 4 times per year
183	to conduct the business of the District as provided for in this
184	act.
185	Section 6. COMPENSATION OF THE BOARD.--Each Supervisor shall
186	serve without compensation, except that they shall be reimbursed
187	for their travel expenses pursuant to section 112.061, Florida
188	Statutes, as may be amended from time to time, for each mile
189	actually traveled in going to and from their place of residence to
190	the place of meeting.
191	Section 7. TAXES AND ASSESSMENTS; LEVIED AND APPORTIONED;
192	AND THE COLLECTION THEREOF.--Taxes and non-ad valorem assessments
193	shall be levied and apportioned as provided for by the General
194	Drainage Laws of Florida (chapter 298, Florida Statutes, and
195	amendments thereto) and the general or special laws of the state;
196	except that the following provisions shall apply to said District:
197	(1) The Board of Supervisors shall determine, order, and
198	levy the amount of the annual taxes or non-ad valorem assessments
199	levied under chapter 298, Florida Statutes, which shall become due
200	and be collected during each year at the same time that county
201	taxes are due and collected, which said annual tax, assessment,
202	and levy shall be evidenced to and certified by the said Board,
203	not later than July 1 of each year, to the Tax Assessor of Broward
204	County. Said tax or assessment shall be extended by the County
205	Tax Assessor on the county tax roll and shall be collected by the
206	Tax Collector in the same manner and time as county taxes, and the
207	proceeds thereof paid to said District.
208	(2) The Board of Supervisors may in its discretion determine
209	it is in the best interest of the District that the annual tax or
210	assessment levies be collected by the Treasurer of the District
211	and in such event he or she shall collect the tax or assessment in
212	the same manner as the Tax Collector, and said Treasurer of the
213	District shall be substituted for and perform all the duties and
214	actions of the Tax Collector and have all the powers that are by
215	this act vested in the Tax Collector. Said tax or assessment
216	shall be a lien until paid on the property on which assessed, and
217	enforceable in like manner as county taxes.
218	Section 8. MAINTENANCE TAX.--The provisions of section
219	298.54, Florida Statutes, and amendments thereto shall not be
220	applicable to said District. In lieu thereof, the following
221	provisions shall apply to said District. To maintain and preserve
222	the improvements made pursuant to this act and to repair and
223	restore the same, when needed, and for the purpose of defraying
224	the current expenses of the District, the Board of Supervisors,
225	may, upon completion of said improvements in whole or in part as
226	may be certified to the said Board by the Chief Engineer, levy
227	annually a tax upon each tract or parcel of land within the
228	District, to be known as a maintenance tax. Said maintenance tax
229	shall be apportioned upon the basis of the net non-ad valorem
230	assessments of benefits assessed as accruing for original
231	construction, and shall be evidenced to and certified by said
232	Board not later than July 1 of each year to the Tax Assessor of
233	Broward County, and shall be extended by the County Tax Assessor
234	on the County Tax Roll and shall be collected by the County Tax
235	Collector in the same manner and time as county taxes and the
236	proceeds therefrom paid to the said District. Said tax shall be a
237	lien until paid on the property upon which assessed, and
238	enforceable in like manner as County Taxes.
239	Section 9. LEVY OF TAXES AND ASSESSMENTS ON FRACTIONAL
240	ACRES.--In levying and assessing all taxes and assessments, each
241	tract or parcel of land more than one acre in area which contains
242	a fraction of an acre shall be assessed at the nearest whole
243	number of acres. However, each tract or parcel of land less than
244	one acre in area shall be assessed as a full acre.
245	Section 10. ENFORCEMENT OF TAXES AND ASSESSMENTS.--The
246	collection and enforcement of all taxes and assessments levied by
247	said District shall be at the same time and in like manner as the
248	County. The provisions of the Florida Statutes relating to the
249	sale of lands for unpaid and delinquent county taxes and
250	assessments, the issuance, sale, and delivery of Tax Certificates
251	for such unpaid and delinquent County Taxes, the redemption
252	thereof, the issuance to individuals of tax deeds based thereon,
253	and all other procedures in connection therewith, shall be
254	applicable to said District and the delinquent and unpaid taxes
255	and assessments of said District to the same extent as if said
256	statutory provisions were expressly set forth in this act. All
257	taxes and assessments shall be subject to the same discounts as
258	County Taxes.
259	Section 11. WHEN UNPAID TAX OR ASSESSMENT IS DELINQUENT;
260	PENALTY.--All taxes provided for in this act shall be and become
261	delinquent and bear penalties in the amount of said taxes in the
262	same manner as county taxes. Assessments provided for in this act
263	and authorized in chapter 298, Florida Statutes, shall be and
264	become delinquent and bear penalties and interest at the highest
265	rate authorized by Florida general or special law, or as otherwise
266	provided in District legislation imposing the assessment.
267	Section 12. BONDS MAY BE ISSUED; SALE AND DISPOSITION OF
268	PROCEEDS; INTEREST; LEVY TO PAY BONDS; BONDS AND DUTIES OF
269	TREASURER; ETC.--
270	(1) The Board of Supervisors may, if in their judgment it
271	seems best, issue bonds not to exceed 90 percent of the total
272	amount of the taxes levied under the provisions of section
273	298.305, Florida Statutes, in denominations of not less than $100,
274	bearing interest from date at a rate as provided by general law,
275	payable annually or semiannually, to mature at annual intervals
276	within 40 years commencing after a period of not later than 10
277	years, to be determined by the Board of Supervisors; both
278	principal and interest payable at some convenient place designated
279	by the Board of Supervisors to be named in said bonds, which said
280	bonds shall be signed by the Chair of the Board of Supervisors,
281	attested with the seal of said District and by the signature of
282	the Secretary of said Board. All of said bonds shall be executed
283	and delivered to the Treasurer of said District, who shall sell
284	the same in such quantities and at such dates as the Board of
285	Supervisors may deem necessary to meet the payments for the works
286	and improvements in the District. Said bonds shall not be sold
287	for less than 90 cents on the dollar, with accrued interest, shall
288	show on their face the purpose for which they are issued, and
289	shall be payable out of money derived from the aforesaid taxes. A
290	sufficient amount of the drainage tax shall be appropriated by the
291	Board of Supervisors for the purpose of paying the principal and
292	interest of said bonds, and the same shall, when collected, be
293	preserved in a separate fund for that purpose and no other. All
294	bonds and coupons not paid at maturity shall bear interest at the
295	rate of 6 percent per annum from maturity until paid, or until
296	sufficient funds have been deposited at the place of payment, and
297	said interest shall be appropriated by the Board of Supervisors
298	out of the penalties and interest collected on delinquent taxes or
299	other available funds of the District. Provided, however, that it
300	may, in the discretion of said Board, be provided that at any
301	time, after such date as shall be fixed by the said Board, said
302	bonds may be redeemed before maturity at the option of said Board,
303	or their successors in office, by being made callable prior to
304	maturity at such times and upon such prices and terms and other
305	conditions as said Board shall determine. If any bond so issued
306	subject to redemption before maturity shall not be presented when
307	called for redemption, it shall cease to bear interest from and
308	after the date so fixed for redemption.
309	(2) The Board of Supervisors of said District shall have
310	authority to issue Refunding Bonds to take up any outstanding
311	bonds and any interest accrued thereon, when in the judgment of
312	said Board, it shall be for the best interest of said District to
313	do so. The said Board is hereby authorized and empowered to issue
314	Refunding Bonds to take up and refund all bonds of said District
315	outstanding that are subject to call and prior redemption, and all
316	interest accrued to the date of such call or prior redemption, and
317	all bonds of said District that are not subject to call or
318	redemption, together with all accrued interest thereon, where the
319	surrender of said bonds can be procured from the holders thereof
320	at prices satisfactory to the Board or can be exchanged for such
321	outstanding bonds with the consent of the holder thereof. Such
322	Refunding Bonds may be issued at any time when in the judgment of
323	said Board it will be to the interest of the District financially
324	or economically to secure a lower rate of interest on said bonds
325	or by extending the time of maturity of said bonds, or for any
326	other reason in the judgment of said Board advantageous to said
327	District. Such Refunding Bonds may mature at any time or times in
328	the discretion of said Board, not later, however, than forty years
329	from the date of issuance of said Refunding Bonds. Said Refunding
330	Bonds shall bear such dates of issue, and such other details as
331	said Board shall determine and may in the discretion of said Board
332	be made callable prior to maturity at such times and upon such
333	prices and terms and other conditions as said Board shall
334	determine. All the other applicable provisions of this act not
335	inconsistent therewith shall apply fully to said Refunding Bonds
336	and the holders thereof shall have all the rights, remedies, and
337	security of the outstanding bonds refunded, except as may be
338	provided otherwise in the resolution of the Board authorizing the
339	issuance of such Refunding Bonds. Any funds available in the
340	Sinking Fund for the payment of the principal and interest of
341	outstanding bonds may be retained in the fund to be used for the
342	payment of principal and interest of the refunding bonds, in the
343	discretion of the Board of Supervisors. Any expenses incurred in
344	buying any or all bonds authorized under the provisions of this
345	section and the interest thereon and a reasonable compensation for
346	paying same shall be paid out of the funds in the hands of the
347	Treasurer and collected for the purpose of meeting the expenses of
348	administration. It shall be the duty of the said Board of
349	Supervisors in making the annual tax levy as heretofore provided
350	to take into account the maturing bonds and interest on all bonds
351	and expenses, and to make provision in advance for the payment of
352	same.
353	(3) In case the proceeds of the original tax levy made under
354	the provisions of section 298.36, Florida Statutes, are not
355	sufficient to pay the principal and interest of all bonds issued,
356	then the Board of Supervisors shall make such additional levy or
357	levies upon the benefits assessed as are necessary for this
358	purpose, and under no circumstances shall any tax levies be made
359	that will in any manner or to any extent impair the security of
360	said bonds or the fund available for the payment of the principal
361	and interest of same. Said Treasurer shall at the time of the
362	receipt by him or her of said bonds, execute and deliver to the
363	Chair of the Board of said District a bond with good and
364	sufficient surety to be approved by said Board, conditioned that
365	he or she shall account for and pay over as required by law and as
366	ordered by said Board of Supervisors, any and all moneys received
367	by him or her on the sale of such bonds, or any of them, and that
368	he or she will only sell and deliver such bonds to the purchaser
369	or purchasers thereof under and according to the terms herein
370	prescribed, and that he or she will return to the Board of
371	Supervisors and duly cancel any and all bonds not sold when
372	ordered by said Board to do so. Said bonds when so returned shall
373	remain in the custody of the Chair of the Board of Supervisors,
374	who shall produce the same for inspection or for use as evidence
375	whenever and wherever legally requested so to do. The said
376	Treasurer shall promptly report all sales of bonds to the Board of
377	Supervisors. The Board shall at reasonable time thereafter
378	prepare and issue warrants in substantially the form provided in
379	section 298.17, Florida Statutes, for the payment of maturing
380	bonds so sold and the interest payments coming due on all bonds
381	sold. Each of said warrants shall specify what bonds and accruing
382	interest it is to pay, and the Treasurer shall place sufficient
383	funds at the place of payment to pay the maturing bonds and
384	coupons when due, together with necessary compensation for paying
385	same. The successor in office of any such Treasurer shall not be
386	entitled to said bonds or the proceeds thereof until he or she
387	shall have complied with all of the foregoing provisions
388	applicable to his or her predecessor in office. The aforesaid bond
389	of said Treasurer, if said Board shall so direct, may be furnished
390	by a surety or bonding company, which may be approved by said
391	Board of Supervisors; provided, if it should be deemed more
392	expedient to said Board of Supervisors as to money derived from
393	the sale of bonds issued, said Board may, by resolution, select
394	some suitable bank or banks or other depository as temporary
395	Treasurer or Treasurers to hold and disburse said moneys upon the
396	order of said Board as the work progresses, until such fund is
397	exhausted or transferred to the Treasurer by order of said Board
398	of Supervisors. The funds derived from the sale of said bonds or
399	any of them shall be used for the purpose of paying the cost of
400	the drainage works and improvements, and such costs, fees,
401	expenses, and salaries as may be authorized by law, and used for
402	no other purpose.
403	Section 13. FULL AUTHORITY FOR ISSUE AND SALE OF BONDS
404	AUTHORIZED.--
405	(1) This act shall, without reference to any other act of
406	the Legislature, be full authority for the issuance and sale of
407	bonds in this act authorized, which bonds shall have all the
408	qualities of negotiable paper under the law merchant and shall not
409	be invalid for any irregularity or defect in the proceedings for
410	the issuance and sale thereof; and shall be incontestable in the
411	hands of bona fide purchasers or holders thereof. No proceedings
412	in respect to the issuance of any such bonds shall be necessary,
413	except such as are required by this act. The provisions of this
414	act shall constitute an irrepealable contract between the said
415	Board of Supervisors and the said North Lauderdale Water Control
416	District and the holders of any bonds and the coupons thereof
417	issued pursuant to the provisions hereof. Any holder of any of
418	said bonds or coupons may either in law or by equity, by suit,
419	action, or mandamus, enforce and compel the performance of the
420	duties required by this act of any of the officers or persons
421	mentioned in this act in relation to the said bonds, or to the
422	correct enforcement and application of the taxes for the payment
423	thereof.
424	(2) After the several bonds and coupons are paid and retired
425	as herein provided, they shall be returned to the Treasurer, and
426	they shall be canceled and an appropriate record thereof made in a
427	book to be kept for that purpose, which record of paid and
428	canceled bonds shall be kept at the office of the Treasurer and
429	shall be opened for inspection of any bond holder at any time.
430	Section 14. FLOATING INDEBTEDNESS.--
431	(1) After the levy of taxes in any years, and before the
432	collection thereof, the Board of Supervisors shall have the power
433	to issue Tax Anticipation Notes. Said notes shall bear interest
434	at a rate not exceeding the maximum rate allowed by general or
435	special law, and shall be payable at such times, and may be sold
436	or discounted at such price or on such terms, as the said Board
437	may deem advisable, and the Board may pledge the whole or any part
438	of the tax levy for the payment thereof.
439	(2) The Board shall also have the right to issue Temporary
440	Obligations or Interim Certificates after the issuance of any
441	Bonds authorized under this act, but prior to the sale thereof,
442	said Temporary Obligations and Interim Certificates shall be paid
443	within 2 years from the proceeds of the sale of said bonds.
444	(3) Said Temporary Obligations and Interim Certificates
445	shall have all the rights and privileges of the permanent bond
446	holders.
447	(4) The Tax Anticipation Notes, Temporary Obligations, and
448	Interim Certificates shall be termed “Floating Indebtedness” in
449	order to distinguish the same from the bonded debt as provided for
450	herein.
451	Section 15. EMINENT DOMAIN.--The said Board of Supervisors
452	is hereby authorized and empowered to exercise the right of
453	eminent domain and may condemn for the use of said District any
454	and all lands, easements, rights of way, riparian rights, and
455	property rights of every description, in or out of said District,
456	required for the public purposes and powers of said Board as
457	herein granted, and may enter upon, take, and use such lands as it
458	may deem necessary for such purposes.
459	Section 16. WATER A COMMON ENEMY.--It is hereby declared
460	that in said District, surface waters, which shall include
461	rainfall and the overflow of rivers and streams, are a common
462	enemy, and the said District and any individual or agency holding
463	a permit to do so from said District, shall have the right to
464	dike, dam, and construct levees to protect the said District or
465	any part thereof, or the property of said individual or agency
466	against the same, and thereby divert the course and flow of such
467	surface waters and/or pump the water from within such dikes and
468	levees.
469	Section 17. UNIT DEVELOPMENT; POWERS OF SUPERVISORS TO
470	DESIGNATE UNITS OF DISTRICT AND ADOPT SYSTEM OF PROGRESSIVE
471	DRAINAGE BY UNITS; PLANS OF RECLAMATION AND FINANCING
472	ASSESSEMENTS, ETC., FOR EACH UNIT.--
473	(1) The Board of Supervisors of North Lauderdale Water
474	Control District shall have the power and is hereby authorized in
475	its discretion to drain and reclaim or more completely and
476	intensively to drain and reclaim the lands in said District by
477	designated areas or parts of said District to be called Units. The
478	units into which said District may be so divided shall be given
479	appropriate numbers or names by said Board of Supervisors, so that
480	said units may be readily identified and distinguished. The Board
481	of Supervisors shall have the power to fix and determine the
482	location, area, and boundaries of and lands to be included in each
483	and all such units, the order of development thereof, and the
484	method of carrying on the work in each unit. The unit system of
485	drainage provided by this section may be conducted and all of the
486	proceedings by this section and this act authorized in respect to
487	such unit or units may be carried on and conducted at the same
488	time as or after the work of draining and reclaiming of the entire
489	District has been or is being or shall be instituted or carried on
490	under the provisions of this act. If the Board of Supervisors
491	shall determine that it is advisable to conduct the work of
492	draining and reclaiming the lands in said District by units, as
493	authorized by this section of this act, said Board shall, by
494	resolution duly adopted and entered upon its minutes, declare its
495	purpose to conduct such work accordingly, and shall at the same
496	time and manner fix the number, location, and boundaries of and
497	description of lands within such unit or units and give them
498	appropriate numbers or names. As soon as practicable after the
499	adoption and recording of such resolution said Board of
500	Supervisors shall publish notice once a week for 2 consecutive
501	weeks in a newspaper published in Broward County, Florida, or duly
502	notify the landowners by registered letter, briefly describing the
503	units into which said District has been divided and the lands
504	embraced in each unit, giving the name, number, or other
505	designation of such units, requiring all owners of lands in said
506	District to show cause in writing before said Board of Supervisors
507	at a time and place to be stated in such notice why such division
508	of said District into such units should not be approved, and said
509	system of development by units should not be adopted and given
510	effect by said Board, and why the proceedings and powers
511	authorized by this section of this act should not be had, taken,
512	and exercised. At the time and place stated in said notice, said
513	Board of Supervisors shall hear all objections or causes of
514	objection (all of which shall be in writing) of any landowner in
515	said District to the matters mentioned and referred to in such
516	notice, and if no objections are made, or if said objections, if
517	made, shall be overruled by said Board, then said Board shall
518	enter in its minutes its findings and order confirming said
519	resolution and may thereafter proceed with the development,
520	drainage, and reclamation of said District by units pursuant to
521	such resolution and to the provisions of this act. If, however,
522	said Board of Supervisors shall find as a result of such
523	objections, or any of them or the hearing thereon, that the
524	division of said District into such units as aforesaid should not
525	be approved, or that said system of development by units should
526	not be adopted and given effect, or that the proceedings and
527	powers authorized by this section of this act should not be had,
528	taken, or exercised, or that any other matter or thing embraced in
529	said resolution would not be in the best interest of the
530	landowners of said District or would be unjust or unfair to any
531	landowner therein or otherwise inconsistent with fair and equal
532	protection and enforcement of the rights of every landowner in
533	said District, then said Board of Supervisors shall not proceed
534	further under such resolution, but said Board of Supervisors may,
535	as a result of such hearing, modify or amend said resolution so as
536	to meet such objections so made, and thereupon said Board may
537	confirm said resolution as so modified or amended and may
538	thereafter proceed accordingly. The sustaining of such objections
539	and the rescinding of such resolutions shall not exhaust the power
540	of said Board under this section; but, at any time not less than 1
541	year after the date of the hearing upon any such resolution, the
542	Board of Supervisors may adopt other resolutions under this
543	section and thereupon proceed on due notice in like manner as
544	above. If said Board of Supervisors shall overrule or refuse to
545	sustain any such objections in whole or in part made by a
546	landowner in the District, or if any such landowner shall deem
547	himself aggrieved by any action of the Board of Supervisors in
548	respect to any objections so filed, such landowner may, within 10
549	days after the ruling of said Board, file his or her bill of
550	complaint in the Circuit Court in and for Broward County, against
551	said District, praying an injunction or other appropriate relief
552	against the action or any part of such action proposed by such
553	resolution or resolutions, of said Board, and, such suits shall be
554	conducted like other suits, except that said suits shall have
555	preference over all other pending actions except criminal actions
556	and writs of habeas corpus. Upon the hearing of said cause said
557	Circuit Court shall have the power to hear the objections and
558	receive the evidence thereon of all parties to such cause and
559	approve or disapprove said resolutions and action of said Board in
560	whole or in part, and to render such decree in such cause as right
561	and justice require. When said resolutions creating said unit
562	system shall be confirmed by the Board of Supervisors (or by the
563	Circuit Court in and for Broward County, if such proposed action
564	shall be challenged by a landowner by the judicial proceedings
565	hereinabove authorized), said Board of Supervisors may adopt a
566	plan or plans of reclamation for and in respect to any or all such
567	units, and to have the benefits and the damages resulting
568	therefrom assessed and apportioned by Commissioners appointed by
569	the Circuit Court, and the report of the said Commissioners
570	considered and confirmed, all in like manner as is provided by law
571	in regard to Plans of Reclamation for and assessments for benefits
572	and damages of, the entire District. With respect to Plan of
573	Reclamation, notices, appointment of Commissioners to assess
574	benefits and damages, report of Commissioners and notice and
575	confirmation thereof, the levy of assessments and taxes, including
576	maintenance taxes, and the issuance of bonds and all other
577	proceedings as to each and all of such units, said Board shall
578	follow and comply with the same procedure as is provided by law
579	with respect to the entire District; and said Board of Supervisors
580	shall have the same powers in respect to each and all of such
581	units as is vested in them with respect to the entire District.
582	All the provisions of this act shall apply to the drainage,
583	reclamation, and improvement of each, any, and all of such units,
584	and the enumeration of or reference to specific powers or duties
585	of the Supervisors of any other officers or other matters in this
586	act as hereinabove set forth, shall not limit or restrict the
587	application of any and all of the proceedings and powers herein to
588	the drainage and reclamation of such units as fully and completely
589	as if such unit or units were specifically and expressly named in
590	every section and clause of this act where the entire District is
591	mentioned or referred to. All assessments, levies, taxes, bonds,
592	and other obligations made, levied, assessed, or issued for or in
593	respect to any such unit or units shall be a lien and charge
594	solely and only upon the lands in such units, respectively, for
595	the benefit of which the same shall be levied, made, or issued,
596	and not upon the remaining units or lands in said District. The
597	Board of Supervisors may at any time amend its said resolutions by
598	changing the location and description of lands in any such unit or
599	units; and provided, further, that if the location of or
600	description of lands located in any such unit or units is so
601	changed, notice of such change shall be published as hereinabove
602	required in this section for notice of the formation or
603	organization of such unit or units, and all proceedings shall be
604	had and done in that regard as are provided in this section for
605	the original creation of such unit or units, provided, however,
606	that no lands against which benefits shall have been assessed may
607	be detached from any such unit after the confirmation of the
608	Commissioners’ report of benefits in such unit or units or the
609	issuance of bonds or other obligations which are payable from
610	taxes or assessments for benefits levied upon the lands within
611	such unit or units.
612	(2) Provided, however, that if, after the confirmation of
613	the Commissioners’ report of benefits in such unit or units, or
614	the issuance of bonds or other obligations which are payable from
615	taxes or assessments for benefits levied upon lands within such
616	unit or units, the Board of Supervisors finds the Plan of
617	Reclamation for any such unit or units insufficient or inadequate
618	for efficient development, the Plan of Reclamation may be amended
619	or changed as provided in chapter 298, Florida Statutes, and the
620	unit or units may be amended or changed as provided in this
621	section, by changing the location and description of lands in any
622	such unit or units, by detaching lands therefrom, or by adding
623	land thereto, upon the approval of at least 51 percent of the
624	landowners according to acreage, in any such unit and 75 percent
625	of the holders of bonds issued in respect to any such unit, and
626	provided that in such event all assessments, levies, taxes, bonds,
627	and other obligations made, levied, assessed, incurred, or issued
628	for or in respect to any such unit or units may be allocated and
629	apportioned to the amended unit or units in proportion to the
630	benefits assessed by the Commissioners’ report for the amended
631	Plan of Reclamation and said report shall specifically provide for
632	such allocation and apportionment. The landowners and all of the
633	bond holders shall file their approval of or objections to such
634	amended Plan of Reclamation within the time provided in section
635	298.27, Florida Statutes, and shall file their approval of or
636	objections to the amendment of such unit as provided in this
637	section.
638	(3) No lands shall be detached from any unit after the
639	issuance of bonds or other obligations for such unit except upon
640	the consent of 75 percent of all the holders of such bonds or
641	other obligations. In the event of the change of the boundaries
642	of any unit as provided herein and the allocation and
643	apportionment to the amended unit or units of assessments, levies,
644	taxes, bonds, and other obligations in proportion to the benefits
645	assessed by the Commissioners’ report for the amended Plan of
646	Reclamation, the holder of bonds or other obligations heretofore
647	issued for the original unit who consent to such allocations and
648	apportionment shall be entitled to all rights and remedies against
649	any lands added to the amended unit or units as fully and to the
650	same extent as if such added lands had formed and constituted a
651	part of the original unit or units at the time of the original
652	issuance of such bonds or other obligations, regardless of
653	whether the holders of such bonds or other obligations are the
654	original holders thereof or the holders from time to time
655	hereafter, and the rights and remedies of such holders against the
656	lands in the amended unit or units, including any lands added
657	thereto, under such allocation and apportionment, shall constitute
658	vested and irrevocable rights and remedies to the holders from
659	time to time of such bonds or other obligations as fully and to
660	the same extent as if such bonds or other obligations had been
661	originally issued to finance the improvements in such amended unit
662	or units under such amended Plan of Reclamation.
663	Section 18. SEVERABILITY.--In case any one or more of the
664	sections or provisions of this act or the application of such
665	sections or provisions to any situation, circumstance, or person
666	shall for any reason be held to be unconstitutional, such
667	unconstitutionality shall not affect any other sections or
668	provisions of this act or the application of such sections or
669	provisions to any other situation, circumstance, or person, and it
670	is intended that this law shall be construed and applied as if
671	such section or provision had not been included herein for any
672	unconstitutional application.
673	Section 19. EFFECT OF CONFLICT.--In the event of a conflict
674	between the provisions of this act and the provisions of any other
675	act, the provisions of this act shall control to the extent of
676	such conflict.
677	Section 20. NOTICE OF INTENTION.--It is found and determined
678	that notice of intention to apply for this legislation was given
679	in the time, form, and manner required by the Constitution and by
680	law. Said notice is found to be sufficient and is hereby validated
681	and approved.
682	Section 4. Chapters 63-661, 82-273, 85-385, 94-428, and 97-
683	370, Laws of Florida, are repealed.
684	Section 5. This act shall take effect upon becoming a law.