HB 1561 2003
1	CHAMBER ACTION
2
3
4
5
6	The Committee on Local Government & Veterans' Affairs recommends
7	the following:
8
9	Committee Substitute
10	Remove the entire bill and insert:
11	A bill to be entitled
12	An act relating to the North Lauderdale Water Control
13	District, Broward County; codifying, amending, reenacting,
14	and repealing the district's special acts; providing that
15	the district may borrow money at a rate not exceeding that
16	which is provided by law; providing for the members of the
17	board of supervisors to be known as the city commission of
18	the City of North Lauderdale; amending the meeting notice
19	requirements and clarifying that meetings be held at a
20	public place; providing that the interest rates on tax
21	anticipation notes issued by the board shall not exceed the
22	maximum rate allowed by law; providing for the use of non-
23	ad valorem assessments; providing for severability;
24	repealing chapters 63-661, 82-273, 85-385, 94-428, and 97-
25	370, Laws of Florida providing an effective date.
26
27	Be It Enacted by the Legislature of the State of Florida:
28
29	Section 1. Pursuant to section 189.429, Florida Statutes,
30	this act constitutes a codification of all special acts relating
31	to the dependent special district known as the North Lauderdale
32	Water Control District. It is the intent of the Legislature in
33	enacting this law to provide a single, comprehensive special act
34	charter for the district, including all current legislative
35	authority granted to the district by its several legislative
36	enactments and any additional authority granted by this act.
37	Section 2. Chapters 63-661, 82-273, 85-385, 94-428, and 97-
38	370, Laws of Florida, are codified, reenacted, amended, and
39	repealed as provided herein.
40	Section 3. The charter for the North Lauderdale Water
41	Control District is re-created and reenacted to read:
42	Section 1. DISTRICT CREATED AND BOUNDARIES THEREOF.--That
43	for the purpose of reclaiming, draining, and conserving the lands
44	hereinafter described, and protecting said lands from the effects
45	of water by means of the construction and maintenance of canals,
46	ditches, levees, dikes, pumping plants, and other drainage works
47	and improvements, and for the purpose of making the lands within
48	said district available and habitable for settlement and
49	agriculture and for the public convenience, welfare, utility, and
50	benefit, and for the other purposes stated in the act, a Drainage
51	District is hereby established in Broward County, to be known as
52	North Lauderdale Water Control District, a drainage district, the
53	territorial boundaries of which are to-wit:
54	Commencing at the Southeast corner of Section One (1),
55	Township 49 South, Range 41 East; thence Westerly along
56	a course S 89°57’49”W a distance of 5,281.80 feet to a
57	point; thence Westerly along a course S 89°59’17”W a
58	distance of 5,274.63 feet to a point; thence Southerly
59	along a course S 01°02’05”E a distance of 5,282.97 feet
60	to a point; thence Westerly along a course S 89°56’50”W
61	a distance of 5,278.94 feet to a point; thence Westerly
62	along a course S 89°58’54”W a distance of 5,280.40 feet
63	to a point; thence Northly along a course N 01°02’22”W a
64	distance of 5,278.38 feet to a concrete monument set in
65	ground; thence Northly along a course N 1°11’21”W a
66	distance of 7,678.68 feet to a point; thence Easterly
67	along South Right-of-way Line of Pompano Canal a
68	distance of 11,650 plus or minus feet to a point; thence
69	Southerly along a course S 0°44’12”E a distance of
70	596.88 feet to a concrete monument set in ground; thence
71	Easterly along a course S 89°44’25”E a distance of
72	1,543.24 feet to a point; thence Southerly along a
73	course S 1°14’52”E a distance of 2,640.11 feet to a
74	point; thence Easterly along a course S 89°45’09”E a
75	distance of 1,319.15 feet to a point; thence Northly
76	along a course N 1°15’11”W a distance of 2,639.83 feet
77	to a point; thence Easterly along a course S 89°44’25”E
78	a distance of 1,318.92 feet to a concrete monument set
79	in ground; thence Southerly along a course S 1°15’29”E a
80	distance of 2,275.74 feet to a point; thence Easterly
81	along a course S 89°56’37”E a distance of 2,639 feet to
82	a point; thence Southerly along a course S 1°16’53”E a
83	distance of 660.12 feet to a point; thence Easterly
84	along a course S 89°56’34”E a distance of 2,639.27 feet
85	to a point; thence Southerly along a course S 1°18’17”E
86	a distance of 1,831.83 feet to a point; thence Westerly
87	along a course S 89°57’49”W a distance of 333.08 feet to
88	a point; thence Northly along a course N 1°18’17”W a
89	distance of 842.26 feet to a point; thence Westerly
90	along a course N 89°56’31”W a distance of 1,545.98 feet
91	to a point; thence Southerly along a course S 0°02’11”E
92	a distance of 844.47 feet to a point; thence Easterly
93	along a course N 89°57’49”E a distance of 1,897.70 feet
94	to a point; thence Southerly along a course S 1°18’17”E
95	a distance of 2,415.59 feet to a point or place of
96	beginning.
97
98	AND ALSO
99
100	All that part of the Northwest One-quarter (NW 1/4) of
101	Tract Four (4) of FORT LAUDERDALE TRUCK FARMS
102	SUBDIVISION of Section Eleven (11), Township 49 South,
103	Range 41 East, according to the Plat thereof, recorded
104	in Plat Book 4, at Page 31, of the Public Records of
105	Broward County, Florida, less Rights-of-way of record
106	and being more particularly described as follows:
107
108	Commencing at the Northwest corner of said Section
109	Eleven (11), Township 49 South, Range 41 East; thence
110	along a course S 89°02’17” E, along the North Line of
111	said Section 11, a distance of 25.0 feet; thence along a
112	course S 0°03’16”E, parallel with and 25.0 feet East of,
113	as measured at right angles, to the west Line of Section
114	11, a distance of 53.01 feet to the Point of Beginning
115	of this Description; thence continuing along a course of
116	S 0°03’16”E, a distance of 616.15 feet; thence along a
117	course of S 89°03’25”E, a distance of 645.64 feet;
118	thence along a course of N 0°05'16"W, a distance of
119	615.94 feet to an intersection with the South Right-of-
120	way Line of McNab Road; thence along a course of N
121	89°02'17"W, parallel with and 53.0 feet South of, as
122	measured at right angles, to the North Line of Section
123	11 a distance of 645.29 feet to the Point of Beginning.
124	All of the above aforementioned property located in
125	Townships 48 and 49 South, Range 41 East, Broward
126	County, Florida.  Less and except therefrom the
127	following described property: The West 3020.54 feet of
128	that part of Section 34, Township 48 South, Range 41
129	East, lying South of the Pompano Canal; all of Section
130	33, Township 48 South, Range 41 East lying South of the
131	Pompano Canal; all of that Part of Section 32, Township
132	48 South, Range 41 East lying south of the Pompano Canal
133	and East of the Northerly extension of the West boundary
134	of Section 4, Township 49 South, Range 41 East; all of
135	Section 4 and 9, Township 49 South, Range 41 East;
136	Tracts 2, 3, 4, 5, 6, 7, 10, 11, 12, 13, 14, 15, 18, 19
137	and 20 of FORT LAUDERDALE TRUCK FARMS SUBDIVISION of
138	Section 3, Township 49 South, Range 41 East, according
139	to the plat thereof recorded in Plat Book 4 at page 31
140	of the public records of Broward County, Florida;
141	Tracts  3, 4, 5, 6, 10, 11, 12, 13, 14, 15 and 16 of
142	aforesaid FORT LAUDERDALE TRUCK FARMS SUBDIVISION of
143	Section 2, Township 49 south, range 41 East.
144
145	It is the intent of the above described legal description to
146	include all of the above described properties located in townships
147	48 and 49 South, Range 41 East, Broward County, Florida, within
148	the boundaries of the North Lauderdale Water Control District as
149	established by the Legislature.
150	Section 2. PROVISIONS OF CHAPTER 298, FLORIDA STATUTES, MADE
151	APPLICABLE.--A public corporation and a political subdivision of
152	the state is hereby created under the name and style of "North
153	Lauderdale Water Control District." The provisions of the General
154	Drainage Laws of Florida applicable to Drainage Districts which
155	are embodied in chapter 298, Florida Statutes, and all the laws
156	amendatory thereof, now existing or hereinafter enacted so far as
157	not inconsistent with this act, are hereby declared to be
158	applicable to said North Lauderdale Water Control District. Said
159	North Lauderdale Water Control District shall have all the powers
160	and authorities mentioned in or conferred by said chapter 298,
161	Florida Statutes, and acts amendatory thereof, except as herein
162	otherwise provided.
163	Section 3. POWERS OF THE DISTRICT.--Said District shall have
164	the power to sue and be sued by its name in any court of law or in
165	equity; to make contracts; to adopt and use a corporate seal and
166	to alter the same at pleasure; to acquire by purchase, gift, or
167	condemnation, real and personal property, either or both, within
168	or without the District, and to convey and dispose of such real
169	and personal property as may be necessary and convenient to carry
170	out the purposes, or any of the purposes, of this act and chapter
171	298, Florida Statutes; to construct, operate, and maintain canals,
172	ditches, drains, levees, dikes, and other works for drainage
173	purposes; to acquire, purchase, operate, and maintain pumps,
174	plants, and pumping systems for drainage purposes; to construct,
175	operate, and maintain irrigation works, machinery, and plants; to
176	construct, improve, pave, and maintain roadways and roads
177	necessary and convenient for the exercise of the powers or duties
178	or any of the powers or duties of said District or the Supervisors
179	thereof; to pump water into and out of canals, ditches, drains,
180	and other works of the District, or onto or from the lands in said
181	District, and to regulate and control the flow of water into and
182	out of said District; in maintaining and operating canals, drains,
183	levees, dikes, dams, locks, reservoirs, pumping stations, and
184	water control structures, the Board of Supervisors, its agents,
185	and its employees, shall have the authority to enter at all
186	reasonable times upon the lands adjacent to any such drainage
187	works in order to transport and use men, equipment, machinery, and
188	materials necessary to properly maintain, preserve, and operate
189	such drainage works and in furtherance of the purposes and intent
190	of this act and chapter 298, Florida Statutes, to construct,
191	improve, and pave roadways and roads necessary and convenient to
192	provide access to, and efficient development of, areas made
193	suitable and available for cultivation, settlement, and other
194	beneficial use and development as a result of the drainage and
195	reclamation operations of the District; to borrow money and issue
196	negotiable or other bonds of said District as hereinafter
197	provided; to borrow money from time to time, and issue negotiable
198	or other notes of said District therefor, bearing interest not
199	exceeding the rate prescribed by general or special law, in
200	anticipation of the collection of taxes, levies, and assessments
201	or revenues of said District and to pledge or hypothecate such
202	taxes, levies, assessments, and revenues to secure such bonds,
203	notes, or obligations, and to sell, discount, negotiate, and
204	dispose of the same; and to exercise all other powers necessary,
205	convenient, or proper in connection with any of the powers or
206	duties of said District stated in this act, or chapter 298,
207	Florida Statutes. The powers and duties of said District shall be
208	exercised by and through the Board of Supervisors thereof, which
209	Board shall have the authority to employ engineers, attorneys,
210	agents, employees, and representatives as the Board of Supervisors
211	may from time to time determine, and to fix their compensation and
212	duties.
213	Section 4. BOARD OF SUPERVISORS; ORGANIZATION; POWERS,
214	DUTIES, AND TERMS OF OFFICE.--There is hereby created a Board of
215	Supervisors of the North Lauderdale Water Control District which
216	shall be the governing body of said District. The members of the
217	Board of Supervisors of said District shall be composed of five
218	members, who shall be the five sitting members of the City
219	Commission of the City of North Lauderdale. The City Commission
220	shall continue all of the duties, functions, and responsibilities
221	under this act of the supervisors of the district after this act
222	becomes law.
223	The term of office of each member of the board of supervisors
224	shall be coincidental with that member's term of office as a
225	member of the City Commission. The members shall assume full
226	duties as a member of the board of supervisors once he or she
227	takes the oath of office as a member of the City Commission.
228	(1) Terms of office for the board of supervisors shall be
229	concurrent with the length of time the Commission member is in
230	office.
231	(2) An annual meeting of the board of supervisors shall be
232	held during the first week of June and otherwise in accordance
233	with this act. At the annual meeting of the board of supervisors,
234	the board shall elect, from its members, a Chair, and a Vice
235	Chair, who shall serve in said positions until the next annual
236	meeting or expiration of his or her term.
237	Section 5. MEETINGS OF BOARD OF SUPERVISORS.--The Board of
238	Supervisors shall have the power to call special meetings at any
239	time to receive reports or consider and act upon any matter.
240	Notice of all meetings shall be given by the Board of Supervisors
241	by causing publication thereof to be made once at least 5 days
242	prior to such meeting in some newspaper published in Broward
243	County, or by sending sufficient notice through the mail to each
244	landowner. In cases of emergency as determined by a majority of
245	the Board, this notice requirement may be waived. The meetings
246	shall be held in some public place, and the place, day, and hour
247	of holding such meeting shall be stated in the notice. The Chair
248	of the Board of Supervisors shall preside at such meeting. The
249	City Clerk of the City of North Lauderdale shall serve as
250	Secretary of the Board of Supervisors and shall be the Secretary
251	at the meeting. The Board of Supervisors of the North Lauderdale
252	Water Control District shall meet not less than 4 times per year
253	to conduct the business of the District as provided for in this
254	act.
255	Section 6. COMPENSATION OF THE BOARD.--Each Supervisor shall
256	serve without compensation, except that they shall be reimbursed
257	for their travel expenses pursuant to section 112.061, Florida
258	Statutes, as may be amended from time to time, for each mile
259	actually traveled in going to and from their place of residence to
260	the place of meeting.
261	Section 7. TAXES AND ASSESSMENTS; LEVIED AND APPORTIONED;
262	AND THE COLLECTION THEREOF.--Taxes and non-ad valorem assessments
263	shall be levied and apportioned as provided for by the General
264	Drainage Laws of Florida (chapter 298, Florida Statutes, and
265	amendments thereto) and the general or special laws of the state;
266	except that the following provisions shall apply to said District:
267	(1) The Board of Supervisors shall determine, order, and
268	levy the amount of the annual taxes or non-ad valorem assessments
269	levied under chapter 298, Florida Statutes, which shall become due
270	and be collected during each year at the same time that county
271	taxes are due and collected, which said annual tax, assessment,
272	and levy shall be evidenced to and certified by the said Board,
273	not later than July 1 of each year, to the Tax Assessor of Broward
274	County. Said tax or assessment shall be extended by the County
275	Tax Assessor on the county tax roll and shall be collected by the
276	Tax Collector in the same manner and time as county taxes, and the
277	proceeds thereof paid to said District.
278	(2) The Board of Supervisors may in its discretion determine
279	it is in the best interest of the District that the annual tax or
280	assessment levies be collected by the Treasurer of the District
281	and in such event he or she shall collect the tax or assessment in
282	the same manner as the Tax Collector, and said Treasurer of the
283	District shall be substituted for and perform all the duties and
284	actions of the Tax Collector and have all the powers that are by
285	this act vested in the Tax Collector. Said tax or assessment
286	shall be a lien until paid on the property on which assessed, and
287	enforceable in like manner as county taxes.
288	Section 8. MAINTENANCE TAX.--The provisions of section
289	298.54, Florida Statutes, and amendments thereto shall not be
290	applicable to said District. In lieu thereof, the following
291	provisions shall apply to said District. To maintain and preserve
292	the improvements made pursuant to this act and to repair and
293	restore the same, when needed, and for the purpose of defraying
294	the current expenses of the District, the Board of Supervisors,
295	may, upon completion of said improvements in whole or in part as
296	may be certified to the said Board by the Chief Engineer, levy
297	annually a tax upon each tract or parcel of land within the
298	District, to be known as a maintenance tax. Said maintenance tax
299	shall be apportioned upon the basis of the net non-ad valorem
300	assessments of benefits assessed as accruing for original
301	construction, and shall be evidenced to and certified by said
302	Board not later than July 1 of each year to the Tax Assessor of
303	Broward County, and shall be extended by the County Tax Assessor
304	on the County Tax Roll and shall be collected by the County Tax
305	Collector in the same manner and time as county taxes and the
306	proceeds therefrom paid to the said District. Said tax shall be a
307	lien until paid on the property upon which assessed, and
308	enforceable in like manner as County Taxes.
309	Section 9. LEVY OF TAXES AND ASSESSMENTS ON FRACTIONAL
310	ACRES.--In levying and assessing all taxes and assessments, each
311	tract or parcel of land more than one acre in area which contains
312	a fraction of an acre shall be assessed at the nearest whole
313	number of acres. However, each tract or parcel of land less than
314	one acre in area shall be assessed as a full acre.
315	Section 10. ENFORCEMENT OF TAXES AND ASSESSMENTS.--The
316	collection and enforcement of all taxes and assessments levied by
317	said District shall be at the same time and in like manner as the
318	County. The provisions of the Florida Statutes relating to the
319	sale of lands for unpaid and delinquent county taxes and
320	assessments, the issuance, sale, and delivery of Tax Certificates
321	for such unpaid and delinquent County Taxes, the redemption
322	thereof, the issuance to individuals of tax deeds based thereon,
323	and all other procedures in connection therewith, shall be
324	applicable to said District and the delinquent and unpaid taxes
325	and assessments of said District to the same extent as if said
326	statutory provisions were expressly set forth in this act. All
327	taxes and assessments shall be subject to the same discounts as
328	County Taxes.
329	Section 11. WHEN UNPAID TAX OR ASSESSMENT IS DELINQUENT;
330	PENALTY.--All taxes provided for in this act shall be and become
331	delinquent and bear penalties in the amount of said taxes in the
332	same manner as county taxes. Assessments provided for in this act
333	and authorized in chapter 298, Florida Statutes, shall be and
334	become delinquent and bear penalties and interest at the highest
335	rate authorized by Florida general or special law, or as otherwise
336	provided in District legislation imposing the assessment.
337	Section 12. BONDS MAY BE ISSUED; SALE AND DISPOSITION OF
338	PROCEEDS; INTEREST; LEVY TO PAY BONDS; BONDS AND DUTIES OF
339	TREASURER; ETC.--
340	(1) The Board of Supervisors may, if in their judgment it
341	seems best, issue bonds not to exceed 90 percent of the total
342	amount of the taxes levied under the provisions of section
343	298.305, Florida Statutes, in denominations of not less than $100,
344	bearing interest from date at a rate as provided by general law,
345	payable annually or semiannually, to mature at annual intervals
346	within 40 years commencing after a period of not later than 10
347	years, to be determined by the Board of Supervisors; both
348	principal and interest payable at some convenient place designated
349	by the Board of Supervisors to be named in said bonds, which said
350	bonds shall be signed by the Chair of the Board of Supervisors,
351	attested with the seal of said District and by the signature of
352	the Secretary of said Board. All of said bonds shall be executed
353	and delivered to the Treasurer of said District, who shall sell
354	the same in such quantities and at such dates as the Board of
355	Supervisors may deem necessary to meet the payments for the works
356	and improvements in the District. Said bonds shall not be sold
357	for less than 90 cents on the dollar, with accrued interest, shall
358	show on their face the purpose for which they are issued, and
359	shall be payable out of money derived from the aforesaid taxes. A
360	sufficient amount of the drainage tax shall be appropriated by the
361	Board of Supervisors for the purpose of paying the principal and
362	interest of said bonds, and the same shall, when collected, be
363	preserved in a separate fund for that purpose and no other. All
364	bonds and coupons not paid at maturity shall bear interest at the
365	rate of 6 percent per annum from maturity until paid, or until
366	sufficient funds have been deposited at the place of payment, and
367	said interest shall be appropriated by the Board of Supervisors
368	out of the penalties and interest collected on delinquent taxes or
369	other available funds of the District. Provided, however, that it
370	may, in the discretion of said Board, be provided that at any
371	time, after such date as shall be fixed by the said Board, said
372	bonds may be redeemed before maturity at the option of said Board,
373	or their successors in office, by being made callable prior to
374	maturity at such times and upon such prices and terms and other
375	conditions as said Board shall determine. If any bond so issued
376	subject to redemption before maturity shall not be presented when
377	called for redemption, it shall cease to bear interest from and
378	after the date so fixed for redemption.
379	(2) The Board of Supervisors of said District shall have
380	authority to issue Refunding Bonds to take up any outstanding
381	bonds and any interest accrued thereon, when in the judgment of
382	said Board, it shall be for the best interest of said District to
383	do so. The said Board is hereby authorized and empowered to issue
384	Refunding Bonds to take up and refund all bonds of said District
385	outstanding that are subject to call and prior redemption, and all
386	interest accrued to the date of such call or prior redemption, and
387	all bonds of said District that are not subject to call or
388	redemption, together with all accrued interest thereon, where the
389	surrender of said bonds can be procured from the holders thereof
390	at prices satisfactory to the Board or can be exchanged for such
391	outstanding bonds with the consent of the holder thereof. Such
392	Refunding Bonds may be issued at any time when in the judgment of
393	said Board it will be to the interest of the District financially
394	or economically to secure a lower rate of interest on said bonds
395	or by extending the time of maturity of said bonds, or for any
396	other reason in the judgment of said Board advantageous to said
397	District. Such Refunding Bonds may mature at any time or times in
398	the discretion of said Board, not later, however, than forty years
399	from the date of issuance of said Refunding Bonds. Said Refunding
400	Bonds shall bear such dates of issue, and such other details as
401	said Board shall determine and may in the discretion of said Board
402	be made callable prior to maturity at such times and upon such
403	prices and terms and other conditions as said Board shall
404	determine. All the other applicable provisions of this act not
405	inconsistent therewith shall apply fully to said Refunding Bonds
406	and the holders thereof shall have all the rights, remedies, and
407	security of the outstanding bonds refunded, except as may be
408	provided otherwise in the resolution of the Board authorizing the
409	issuance of such Refunding Bonds. Any funds available in the
410	Sinking Fund for the payment of the principal and interest of
411	outstanding bonds may be retained in the fund to be used for the
412	payment of principal and interest of the refunding bonds, in the
413	discretion of the Board of Supervisors. Any expenses incurred in
414	buying any or all bonds authorized under the provisions of this
415	section and the interest thereon and a reasonable compensation for
416	paying same shall be paid out of the funds in the hands of the
417	Treasurer and collected for the purpose of meeting the expenses of
418	administration. It shall be the duty of the said Board of
419	Supervisors in making the annual tax levy as heretofore provided
420	to take into account the maturing bonds and interest on all bonds
421	and expenses, and to make provision in advance for the payment of
422	same.
423	(3) In case the proceeds of the original tax levy made under
424	the provisions of section 298.36, Florida Statutes, are not
425	sufficient to pay the principal and interest of all bonds issued,
426	then the Board of Supervisors shall make such additional levy or
427	levies upon the benefits assessed as are necessary for this
428	purpose, and under no circumstances shall any tax levies be made
429	that will in any manner or to any extent impair the security of
430	said bonds or the fund available for the payment of the principal
431	and interest of same. Said Treasurer shall at the time of the
432	receipt by him or her of said bonds, execute and deliver to the
433	Chair of the Board of said District a bond with good and
434	sufficient surety to be approved by said Board, conditioned that
435	he or she shall account for and pay over as required by law and as
436	ordered by said Board of Supervisors, any and all moneys received
437	by him or her on the sale of such bonds, or any of them, and that
438	he or she will only sell and deliver such bonds to the purchaser
439	or purchasers thereof under and according to the terms herein
440	prescribed, and that he or she will return to the Board of
441	Supervisors and duly cancel any and all bonds not sold when
442	ordered by said Board to do so. Said bonds when so returned shall
443	remain in the custody of the Chair of the Board of Supervisors,
444	who shall produce the same for inspection or for use as evidence
445	whenever and wherever legally requested so to do. The said
446	Treasurer shall promptly report all sales of bonds to the Board of
447	Supervisors. The Board shall at reasonable time thereafter
448	prepare and issue warrants in substantially the form provided in
449	section 298.17, Florida Statutes, for the payment of maturing
450	bonds so sold and the interest payments coming due on all bonds
451	sold. Each of said warrants shall specify what bonds and accruing
452	interest it is to pay, and the Treasurer shall place sufficient
453	funds at the place of payment to pay the maturing bonds and
454	coupons when due, together with necessary compensation for paying
455	same. The successor in office of any such Treasurer shall not be
456	entitled to said bonds or the proceeds thereof until he or she
457	shall have complied with all of the foregoing provisions
458	applicable to his or her predecessor in office. The aforesaid bond
459	of said Treasurer, if said Board shall so direct, may be furnished
460	by a surety or bonding company, which may be approved by said
461	Board of Supervisors; provided, if it should be deemed more
462	expedient to said Board of Supervisors as to money derived from
463	the sale of bonds issued, said Board may, by resolution, select
464	some suitable bank or banks or other depository as temporary
465	Treasurer or Treasurers to hold and disburse said moneys upon the
466	order of said Board as the work progresses, until such fund is
467	exhausted or transferred to the Treasurer by order of said Board
468	of Supervisors. The funds derived from the sale of said bonds or
469	any of them shall be used for the purpose of paying the cost of
470	the drainage works and improvements, and such costs, fees,
471	expenses, and salaries as may be authorized by law, and used for
472	no other purpose.
473	Section 13. FULL AUTHORITY FOR ISSUE AND SALE OF BONDS
474	AUTHORIZED.--
475	(1) This act shall, without reference to any other act of
476	the Legislature, be full authority for the issuance and sale of
477	bonds in this act authorized, which bonds shall have all the
478	qualities of negotiable paper under the law merchant and shall not
479	be invalid for any irregularity or defect in the proceedings for
480	the issuance and sale thereof; and shall be incontestable in the
481	hands of bona fide purchasers or holders thereof. No proceedings
482	in respect to the issuance of any such bonds shall be necessary,
483	except such as are required by this act. The provisions of this
484	act shall constitute an irrepealable contract between the said
485	Board of Supervisors and the said North Lauderdale Water Control
486	District and the holders of any bonds and the coupons thereof
487	issued pursuant to the provisions hereof. Any holder of any of
488	said bonds or coupons may either in law or by equity, by suit,
489	action, or mandamus, enforce and compel the performance of the
490	duties required by this act of any of the officers or persons
491	mentioned in this act in relation to the said bonds, or to the
492	correct enforcement and application of the taxes for the payment
493	thereof.
494	(2) After the several bonds and coupons are paid and retired
495	as herein provided, they shall be returned to the Treasurer, and
496	they shall be canceled and an appropriate record thereof made in a
497	book to be kept for that purpose, which record of paid and
498	canceled bonds shall be kept at the office of the Treasurer and
499	shall be opened for inspection of any bond holder at any time.
500	Section 14. FLOATING INDEBTEDNESS.--
501	(1) After the levy of taxes in any years, and before the
502	collection thereof, the Board of Supervisors shall have the power
503	to issue Tax Anticipation Notes. Said notes shall bear interest
504	at a rate not exceeding the maximum rate allowed by general or
505	special law, and shall be payable at such times, and may be sold
506	or discounted at such price or on such terms, as the said Board
507	may deem advisable, and the Board may pledge the whole or any part
508	of the tax levy for the payment thereof.
509	(2) The Board shall also have the right to issue Temporary
510	Obligations or Interim Certificates after the issuance of any
511	Bonds authorized under this act, but prior to the sale thereof,
512	said Temporary Obligations and Interim Certificates shall be paid
513	within 2 years from the proceeds of the sale of said bonds.
514	(3) Said Temporary Obligations and Interim Certificates
515	shall have all the rights and privileges of the permanent bond
516	holders.
517	(4) The Tax Anticipation Notes, Temporary Obligations, and
518	Interim Certificates shall be termed “Floating Indebtedness” in
519	order to distinguish the same from the bonded debt as provided for
520	herein.
521	Section 15. EMINENT DOMAIN.--The said Board of Supervisors
522	is hereby authorized and empowered to exercise the right of
523	eminent domain and may condemn for the use of said District any
524	and all lands, easements, rights of way, riparian rights, and
525	property rights of every description, in or out of said District,
526	required for the public purposes and powers of said Board as
527	herein granted, and may enter upon, take, and use such lands as it
528	may deem necessary for such purposes.
529	Section 16. WATER A COMMON ENEMY.--It is hereby declared
530	that in said District, surface waters, which shall include
531	rainfall and the overflow of rivers and streams, are a common
532	enemy, and the said District and any individual or agency holding
533	a permit to do so from said District, shall have the right to
534	dike, dam, and construct levees to protect the said District or
535	any part thereof, or the property of said individual or agency
536	against the same, and thereby divert the course and flow of such
537	surface waters and/or pump the water from within such dikes and
538	levees.
539	Section 17. UNIT DEVELOPMENT; POWERS OF SUPERVISORS TO
540	DESIGNATE UNITS OF DISTRICT AND ADOPT SYSTEM OF PROGRESSIVE
541	DRAINAGE BY UNITS; PLANS OF RECLAMATION AND FINANCING
542	ASSESSEMENTS, ETC., FOR EACH UNIT.--
543	(1) The Board of Supervisors of North Lauderdale Water
544	Control District shall have the power and is hereby authorized in
545	its discretion to drain and reclaim or more completely and
546	intensively to drain and reclaim the lands in said District by
547	designated areas or parts of said District to be called Units. The
548	units into which said District may be so divided shall be given
549	appropriate numbers or names by said Board of Supervisors, so that
550	said units may be readily identified and distinguished. The Board
551	of Supervisors shall have the power to fix and determine the
552	location, area, and boundaries of and lands to be included in each
553	and all such units, the order of development thereof, and the
554	method of carrying on the work in each unit. The unit system of
555	drainage provided by this section may be conducted and all of the
556	proceedings by this section and this act authorized in respect to
557	such unit or units may be carried on and conducted at the same
558	time as or after the work of draining and reclaiming of the entire
559	District has been or is being or shall be instituted or carried on
560	under the provisions of this act. If the Board of Supervisors
561	shall determine that it is advisable to conduct the work of
562	draining and reclaiming the lands in said District by units, as
563	authorized by this section of this act, said Board shall, by
564	resolution duly adopted and entered upon its minutes, declare its
565	purpose to conduct such work accordingly, and shall at the same
566	time and manner fix the number, location, and boundaries of and
567	description of lands within such unit or units and give them
568	appropriate numbers or names. As soon as practicable after the
569	adoption and recording of such resolution said Board of
570	Supervisors shall publish notice once a week for 2 consecutive
571	weeks in a newspaper published in Broward County, Florida, or duly
572	notify the landowners by registered letter, briefly describing the
573	units into which said District has been divided and the lands
574	embraced in each unit, giving the name, number, or other
575	designation of such units, requiring all owners of lands in said
576	District to show cause in writing before said Board of Supervisors
577	at a time and place to be stated in such notice why such division
578	of said District into such units should not be approved, and said
579	system of development by units should not be adopted and given
580	effect by said Board, and why the proceedings and powers
581	authorized by this section of this act should not be had, taken,
582	and exercised. At the time and place stated in said notice, said
583	Board of Supervisors shall hear all objections or causes of
584	objection (all of which shall be in writing) of any landowner in
585	said District to the matters mentioned and referred to in such
586	notice, and if no objections are made, or if said objections, if
587	made, shall be overruled by said Board, then said Board shall
588	enter in its minutes its findings and order confirming said
589	resolution and may thereafter proceed with the development,
590	drainage, and reclamation of said District by units pursuant to
591	such resolution and to the provisions of this act. If, however,
592	said Board of Supervisors shall find as a result of such
593	objections, or any of them or the hearing thereon, that the
594	division of said District into such units as aforesaid should not
595	be approved, or that said system of development by units should
596	not be adopted and given effect, or that the proceedings and
597	powers authorized by this section of this act should not be had,
598	taken, or exercised, or that any other matter or thing embraced in
599	said resolution would not be in the best interest of the
600	landowners of said District or would be unjust or unfair to any
601	landowner therein or otherwise inconsistent with fair and equal
602	protection and enforcement of the rights of every landowner in
603	said District, then said Board of Supervisors shall not proceed
604	further under such resolution, but said Board of Supervisors may,
605	as a result of such hearing, modify or amend said resolution so as
606	to meet such objections so made, and thereupon said Board may
607	confirm said resolution as so modified or amended and may
608	thereafter proceed accordingly. The sustaining of such objections
609	and the rescinding of such resolutions shall not exhaust the power
610	of said Board under this section; but, at any time not less than 1
611	year after the date of the hearing upon any such resolution, the
612	Board of Supervisors may adopt other resolutions under this
613	section and thereupon proceed on due notice in like manner as
614	above. If said Board of Supervisors shall overrule or refuse to
615	sustain any such objections in whole or in part made by a
616	landowner in the District, or if any such landowner shall deem
617	himself aggrieved by any action of the Board of Supervisors in
618	respect to any objections so filed, such landowner may, within 10
619	days after the ruling of said Board, file his or her bill of
620	complaint in the Circuit Court in and for Broward County, against
621	said District, praying an injunction or other appropriate relief
622	against the action or any part of such action proposed by such
623	resolution or resolutions, of said Board, and, such suits shall be
624	conducted like other suits, except that said suits shall have
625	preference over all other pending actions except criminal actions
626	and writs of habeas corpus. Upon the hearing of said cause said
627	Circuit Court shall have the power to hear the objections and
628	receive the evidence thereon of all parties to such cause and
629	approve or disapprove said resolutions and action of said Board in
630	whole or in part, and to render such decree in such cause as right
631	and justice require. When said resolutions creating said unit
632	system shall be confirmed by the Board of Supervisors (or by the
633	Circuit Court in and for Broward County, if such proposed action
634	shall be challenged by a landowner by the judicial proceedings
635	hereinabove authorized), said Board of Supervisors may adopt a
636	plan or plans of reclamation for and in respect to any or all such
637	units, and to have the benefits and the damages resulting
638	therefrom assessed and apportioned by Commissioners appointed by
639	the Circuit Court, and the report of the said Commissioners
640	considered and confirmed, all in like manner as is provided by law
641	in regard to Plans of Reclamation for and assessments for benefits
642	and damages of, the entire District. With respect to Plan of
643	Reclamation, notices, appointment of Commissioners to assess
644	benefits and damages, report of Commissioners and notice and
645	confirmation thereof, the levy of assessments and taxes, including
646	maintenance taxes, and the issuance of bonds and all other
647	proceedings as to each and all of such units, said Board shall
648	follow and comply with the same procedure as is provided by law
649	with respect to the entire District; and said Board of Supervisors
650	shall have the same powers in respect to each and all of such
651	units as is vested in them with respect to the entire District.
652	All the provisions of this act shall apply to the drainage,
653	reclamation, and improvement of each, any, and all of such units,
654	and the enumeration of or reference to specific powers or duties
655	of the Supervisors of any other officers or other matters in this
656	act as hereinabove set forth, shall not limit or restrict the
657	application of any and all of the proceedings and powers herein to
658	the drainage and reclamation of such units as fully and completely
659	as if such unit or units were specifically and expressly named in
660	every section and clause of this act where the entire District is
661	mentioned or referred to. All assessments, levies, taxes, bonds,
662	and other obligations made, levied, assessed, or issued for or in
663	respect to any such unit or units shall be a lien and charge
664	solely and only upon the lands in such units, respectively, for
665	the benefit of which the same shall be levied, made, or issued,
666	and not upon the remaining units or lands in said District. The
667	Board of Supervisors may at any time amend its said resolutions by
668	changing the location and description of lands in any such unit or
669	units; and provided, further, that if the location of or
670	description of lands located in any such unit or units is so
671	changed, notice of such change shall be published as hereinabove
672	required in this section for notice of the formation or
673	organization of such unit or units, and all proceedings shall be
674	had and done in that regard as are provided in this section for
675	the original creation of such unit or units, provided, however,
676	that no lands against which benefits shall have been assessed may
677	be detached from any such unit after the confirmation of the
678	Commissioners’ report of benefits in such unit or units or the
679	issuance of bonds or other obligations which are payable from
680	taxes or assessments for benefits levied upon the lands within
681	such unit or units.
682	(2) Provided, however, that if, after the confirmation of
683	the Commissioners’ report of benefits in such unit or units, or
684	the issuance of bonds or other obligations which are payable from
685	taxes or assessments for benefits levied upon lands within such
686	unit or units, the Board of Supervisors finds the Plan of
687	Reclamation for any such unit or units insufficient or inadequate
688	for efficient development, the Plan of Reclamation may be amended
689	or changed as provided in chapter 298, Florida Statutes, and the
690	unit or units may be amended or changed as provided in this
691	section, by changing the location and description of lands in any
692	such unit or units, by detaching lands therefrom, or by adding
693	land thereto, upon the approval of at least 51 percent of the
694	landowners according to acreage, in any such unit and 75 percent
695	of the holders of bonds issued in respect to any such unit, and
696	provided that in such event all assessments, levies, taxes, bonds,
697	and other obligations made, levied, assessed, incurred, or issued
698	for or in respect to any such unit or units may be allocated and
699	apportioned to the amended unit or units in proportion to the
700	benefits assessed by the Commissioners’ report for the amended
701	Plan of Reclamation and said report shall specifically provide for
702	such allocation and apportionment. The landowners and all of the
703	bond holders shall file their approval of or objections to such
704	amended Plan of Reclamation within the time provided in section
705	298.27, Florida Statutes, and shall file their approval of or
706	objections to the amendment of such unit as provided in this
707	section.
708	(3) No lands shall be detached from any unit after the
709	issuance of bonds or other obligations for such unit except upon
710	the consent of 75 percent of all the holders of such bonds or
711	other obligations. In the event of the change of the boundaries
712	of any unit as provided herein and the allocation and
713	apportionment to the amended unit or units of assessments, levies,
714	taxes, bonds, and other obligations in proportion to the benefits
715	assessed by the Commissioners’ report for the amended Plan of
716	Reclamation, the holder of bonds or other obligations heretofore
717	issued for the original unit who consent to such allocations and
718	apportionment shall be entitled to all rights and remedies against
719	any lands added to the amended unit or units as fully and to the
720	same extent as if such added lands had formed and constituted a
721	part of the original unit or units at the time of the original
722	issuance of such bonds or other obligations, regardless of
723	whether the holders of such bonds or other obligations are the
724	original holders thereof or the holders from time to time
725	hereafter, and the rights and remedies of such holders against the
726	lands in the amended unit or units, including any lands added
727	thereto, under such allocation and apportionment, shall constitute
728	vested and irrevocable rights and remedies to the holders from
729	time to time of such bonds or other obligations as fully and to
730	the same extent as if such bonds or other obligations had been
731	originally issued to finance the improvements in such amended unit
732	or units under such amended Plan of Reclamation.
733	Section 18. SEVERABILITY.--In case any one or more of the
734	sections or provisions of this act or the application of such
735	sections or provisions to any situation, circumstance, or person
736	shall for any reason be held to be unconstitutional, such
737	unconstitutionality shall not affect any other sections or
738	provisions of this act or the application of such sections or
739	provisions to any other situation, circumstance, or person, and it
740	is intended that this law shall be construed and applied as if
741	such section or provision had not been included herein for any
742	unconstitutional application.
743	Section 19. NOTICE OF INTENTION.--It is found and determined
744	that notice of intention to apply for this legislation was given
745	in the time, form, and manner required by the Constitution and by
746	law. Said notice is found to be sufficient and is hereby validated
747	and approved.
748	Section 4. Chapters 63-661, 82-273, 85-385, 94-428, and 97-
749	370, Laws of Florida, are repealed.
750	Section 5. This act shall take effect upon becoming a law.
751
752