HB 0591, Engrossed 1 2003
1	A bill to be entitled
2	An act relating to the Melbourne-Tillman Water Control
3	District, Brevard County; amending ch. 2001-336, Laws of
4	Florida; amending district boundaries; amending the
5	powers and duties of the Melbourne-Tillman Water Control
6	District, a dependent special district in Brevard County,
7	to authorize the district to sell, lease, or otherwise
8	dispose of real property; providing the procedure for
9	such sale, lease, or other disposition; providing an
10	effective date.
11
12	Be It Enacted by the Legislature of the State of Florida:
13
14	Section 1. Section 3 of section 3 of chapter 2001-336,
15	Laws of Florida, is amended, and section 32 is added to said
16	section, to read:
17	Section 3. Special district.--There is hereby created and
18	incorporated the Melbourne-Tillman Water Control District, a
19	dependent special district, for the purpose of constructing,
20	reconstructing and repairing, maintaining, and operating a
21	surface water management system. The boundaries of the District
22	are:
23
24	All of Township 29 South, Range 36 East, and portions
25	of Township 29 South, Range 37 East, Township 28
26	South, Range 36 East and Township 28 South, Range 37
27	East in Brevard County, Florida being more
28	particularly described as follows:
29
30	Township 29 South, Range 37 East:
31
32	The West 1/2 of Sections 3, 27 and 34, and all of
33	Sections 4 through 9, 16 through 21, and 28 through
34	33, and the West 1/2 of the Southwest 1/4 of the
35	Northeast 1/4 of Section 34.
36
37	Township 28 South, Range 36 East:
38
39	The South 1/2 of Sections 1 through 5, the Southeast
40	1/4 of Section 6, and all of Sections 7 through 36.
41	All of Sections 20 and 29 located within Township 28
42	South, Range 36 East shall be annexed into the City of
43	Palm Bay.
44
45	Township 28 South, Range 37 East:
46
47	(a)The Southwest 1/4 of Section 6, the West 1/2 and
48	Southeast 1/4 of Section 7, the West 1/2 of Section
49	17, the South 1/2 of Section 21, a portion of the
50	Southwest 1/4 of Section 22 described as the West 1/2
51	of the Northwest 1/4 of the Southwest 1/4, less Parcel
52	543, the South 1/2 of Section 27, less a portion of
53	the North 1/2 of the South 1/2 described as the area
54	bounded by the west section line, then southerly along
55	the section line to a point 419 feet distant, then
56	easterly to a point along the east section line 450
57	feet southerly of the midpoint of the east section
58	line, then northerly along the section line to the
59	midpoint of the section line, then westerly to the
60	midpoint of the west section line, the point of
61	beginning, the West 1/2, Northeast 1/4 and a portion
62	of the Southeast 1/4 described as the North 1/2 of the
63	Southeast 1/4 and Lot 4 and the West 1/2 of Lot 3, all
64	within Section 34, the West 1/2 of the Northwest 1/4
65	and Northwest 1/4 of the Southwest 1/4 of Section 35,
66	and all of Sections 18 through 20, and 28 through 33.
67
68	(b) Tracts 1, 2, 3 & 4 of the Garner Acres Plat, a
69	replat of a portion of Central Highlands, as recorded
70	in Plat Book 47, Page 13, of the Public Records of
71	Brevard County, Florida, lying in Section 8.
72
73	(c) Tax I.D. Parcels 503, 505, 507 & 508 lying in
74	Section 8.
75
76	(d) Lot 29, Florida Indian River Land Company, as
77	recorded in Plat Book 1, Page 164, of the Public
78	Records of Brevard County, Florida, lying in Section
79	17.
80
81	The District shall constitute a dependent special district under
82	the laws of the state.
83	Section 32. Disposition of real property.--
84	(1) The Board of Directors is authorized to sell, lease,
85	or otherwise convey or dispose of any lands or any interests or
86	rights in lands to which the District has title, or to which it
87	may hereafter acquire title, whenever the Board of Directors
88	determines it is in the best interest of the District to do so
89	at the best price and terms obtainable, for such terms and
90	conditions as the Board of Directors may in its discretion
91	determine. The power to sell, lease, or otherwise convey granted
92	herein specifically includes the power by the District to enter
93	into public or private partnerships regarding District lands
94	upon such terms and conditions as the Board of Directors may in
95	its discretion determine. However, any conveyance or agreement
96	must be for a public purpose.
97	(a) All sales of land, interests or rights in land, or the
98	lease of any interests in land shall be for cash or upon terms
99	and security to be approved by the Board of Directors. No deed
100	shall be executed and delivered for any sale until full payment
101	is made and received by the District.
102	(b) Before selling or leasing any land or any interest or
103	rights in and to any land, it shall be the duty of the District
104	to cause a notice of intention to sell or lease to be published
105	in a newspaper of general circulation published in Brevard
106	County no less than once each week for 2 successive weeks. The
107	first publication shall be not less than 15 days nor more than
108	30 days prior to the meeting at which the proposed sale or lease
109	will be considered. The notice shall set forth a description of
110	the lands or interests or rights in lands offered for sale or
111	lease.
112	(c) Deeds of conveyance of lands, the titles to which are
113	held by the District or in the name of its Board of Directors,
114	shall be by special warranty deed.
115	(d) All deeds of conveyance or leases held by the District
116	or by its Board of Directors shall convey or lease only the
117	interest of the District or its Board of Directors in the
118	property covered thereby.
119	(2) The Board of Directors may exchange lands or interests
120	or rights in lands owned by the District, or lands or interests
121	or rights in lands for which title is otherwise vested in the
122	District, for other lands or interests or rights in lands within
123	the state owned by any person. The Board of Directors shall fix
124	the terms and conditions of any such exchange and may pay or
125	receive any sum of money that the Board of Directors considers
126	necessary to equalize the values of exchanged properties. Before
127	any exchange of property is effected, notice of the meeting at
128	which said exchange is considered shall be published in a
129	newspaper of general circulation published in Brevard County
130	prior to the adoption by the Board of Directors of a resolution
131	authorizing the exchange of properties. Notice shall be
132	published at least once not less than 7 days nor more than 14
133	days prior to the meeting at which the resolution will be
134	considered.
135	(3) In the event that the District seeks to purchase
136	property, it may utilize the procedures set forth in section
137	166.045, Florida Statutes, and any amendments thereto.
138	Section 2. This act shall take effect upon becoming a law.