HB 1403

1
A bill to be entitled
2An act relating to the North Lauderdale Water Control
3District, Broward County; amending, reenacting, repealing,
4and codifying chapters 97-370, 94-428, 85-385, 82-273, and
563-661, Laws of Florida, relating to the North Lauderdale
6Water Control District; revising district boundaries;
7revising the powers of the district, to provide that the
8district may borrow money at a rate not exceeding that
9which is provided by law; providing that the members of the
10board of supervisors shall be the "city commission," rather
11than the "city council," of the City of North Lauderdale
12and that a board chair and vice chair shall be elected at
13each annual meeting and as necessary to fill vacancies;
14providing meeting notice requirements and requiring that
15meetings be held at a public place; providing that the City
16Clerk of the City of North Lauderdale shall serve as the
17district secretary; providing for reimbursement of
18supervisors for travel expenses pursuant to section
19112.061, Florida Statutes; providing that the interest rate
20on bonds issued by the board not exceed the maximum rate
21allowed by law; providing that the interest rates on tax
22anticipation notes issued by the board shall not exceed the
23maximum rate allowed by law; deleting provision relating to
24payment of taxes not authorized in advance; providing for
25the use of non-ad valorem assessments; updating references
26to chapter 298, Florida Statutes; providing for
27severability; and providing an effective date.
28
29Be It Enacted by the Legislature of the State of Florida:
30
31     Section 1.  Pursuant to section 189.429, Florida Statutes,
32this act constitutes a codification of all special acts relating
33to the dependent special district known as the North Lauderdale
34Water Control District. It is the intent of the Legislature in
35enacting this law to provide a single, comprehensive special act
36charter for the district, including all current legislative
37authority granted to the district by its several legislative
38enactments and any additional authority granted by this act.
39     Section 2.  Chapters 63-661, 82-273, 85-385, 94-428, and 97-
40370, Laws of Florida, are codified, reenacted, amended, and
41repealed as herein provided.
42     Section 3.  The North Lauderdale Water Control District is
43re-created and reenacted to read:
44     Section 1.  District created and boundaries thereof.--That
45for the purpose of reclaiming, draining, and conserving the lands
46hereinafter described, and protecting said lands from the effects
47of water by means of the construction and maintenance of canals,
48ditches, levies, dikes, pumping plants, and other drainage works
49and improvements, and for the purpose of making the lands within
50said district available and habitable for settlement and
51agriculture and for the public convenience, welfare, utility, and
52benefit, and for the other purposes stated in this act, a drainage
53district is hereby established in Broward County, to be known as
54the "North Lauderdale Water Control District," a drainage
55district, the territorial boundaries of which are to-wit:
56
57     The City of North Lauderdale, being a portion of
58Sections 1,2,3,10,11 and 12, of Township 49 South,
59Range 41 East, of Section 34, of Township 48 South
60Range 41 East, and a portion of Section 6 and 7 of
61Township 49 South, Range 41 East.  All in Broward
62County, Florida, being more particularly described as
63follows:
64     BEGIN at the Southwest corner of Section 35;
65Township 48 South, Range 41 East;
66     THENCE N 89( 50?31? E along the South line of
67Section 35, Township 48 South, same being the North
68line of Section 2, Township 49 South, Range 41 East,
69distance of 4233.31 feet to the Northeast corner of
70said Section 1, Township 49 South, Range 41 East;
71     THENCE S 01( 40?11? E along the East line of said
72Section 1 a distance of 2268.50 feet to the South line
73of a 80? canal right-of-way as shown on KIMBERLY
74FOREST, according to the plat thereof, as recorded in
75Plat Book 68, Page 31 of the Public Records of Broward
76County, Florida;
77     THENCE N 89( 39?55? E along said South right-of-
78way line a distance of 2586.31 feet to the East right-
79of-way line of Southwest 64th Terrace, a 60.00 foot
80right-of-way as shown on KIMBERLY VILLAGE- Section 3,
81according to the plat thereof, as recorded in Plat
82Book of, Page 13 of the Public Records of Broward
83County, Florida;
84     THENCE S 01( 40?52? E along said East right-of-way
85line a distance of 657.68 feet to the Northwest corner
86of Lot 14, Block 17, of KIMBERLY VILLAGE- Section Two
87according to the plat thereof as recorded in Plat Book
8866, Page 6 of the Public Records of Broward County,
89Florida;
90     THENCE N 89( 37?08? East along the North line of
91said KIMBERLY VILLAGE-Section Two and along the North
92line of KIMBERLY VILLAGE-Section 1 according to the
93Plat thereof, as recorded in Plat Book 65, Page 16 of
94the Public Records of Broward County, Florida and the
95Easterly prolongation thereof of 2562.16 feet to a
96point on the right-of-way line of State Road Number 7,
97a 100.00 foot (1/2) right-of-way as shown on KELLY
98PLAT, according to the plat thereof as recorded in
99Plat Book 136, Page 39 of the Public Records of
100Broward County, Florida;
101     THENCE N 90(00?00? E a distance of 7.61feet;
102     THENCE S 06(30?04? W a distance of 12.46 feet;
103     THENCE S 01(43?32? E along said West right-of-way
104line a distance of 351.72 feet;
105     THENCE N 88(16?28? E a distance of 180.28 feet to
106a point on the West right-of-way line of State Road
107Number 7, a 80 foot more or less (1/2) right-of-way as
108shown on SERINO PARK, Section 3, according to the Plat
109thereof, as recorded in Plat Book 81, Page 46 of the
110Public Records of Broward County, Florida;
111     THENCE S 01(36?29? E along said right-of-way line
112a distance of 1524.08 feet to the South right-of-way
113line of S.W. 11th Street a 50.00 right-of-way as shown
114on HERITAGE PINES, according to the plat thereof, as
115recorded in Plat Book 99, Page 10 of the Public
116Records of Broward County, Florida;
117     THENCE N 89(22?00? E along said South right-of-way
118line a distance of 335.91 feet;
119     THENCE S 01(42?30? E a distance of 712.89 feet to
120a point on the South line of OAKLAND HILLS 7th Section,
121according to the plat thereof as recorded in Plat Book
12281, Page 30 of the Public Records of Broward County,
123Florida, said point also being the North right-of-way
124line of an unnamed 20 right-of-way being a part of THE
125PALM BEACH FARMS COUNTY PLAT NO. 3 according to the
126plat thereof, as recorded in Plat Book 2, Pages 45-54
127of the Public Records of Palm Beach County, Florida.
128     THENCE N 89(21?59? E along the South line of said
129OAKLAND HILLS 7th Section and the North line of said
130unnamed right-of-way a distance of 1107.78 feet to the
131West line of said OAKLAND HILLS 7th Section;
132THENCE N 01(11?43? E along said West line a distance of
133713.33 feet to the previously described South right-
134of-way line of S.W. 11th Street;
135     THENCE N 89(21?59? E along said South right-of-way
136line a distance of 1219.85 feet to a point on the West
137right-of-way line of a 25.00 un-named right-of-way as
138shown on said PALM BEACH FARMS COUNTY, Plat No. 3
139THENCE S 00(56?19? E along said right-of-way line and
140along the East line of Parcel B OUR LADY QUEEN OF
141HEAVEN CEMETERY PLAT according to the Plat thereof, as
142recorded in Plat Book 152, Page 21 of the Public
143Records of Broward County, Florida a distance of
1441539.82 feet to a point on the Westerly right-of-way
145line of the SUNSHINE STATE PARKWAY as shown on said
146OUR LADY QUEEN OF HEAVEN CEMETERY PLAT;
147     THENCE S 04(20?47? E a distance of 495.04 feet to
148a point on the East right-of-way line of said SUNSHINE
149STREET said point being the Northeast corner of
150MARINERS COVE, according to the Plat thereof, as
151recorded in Plat Book 147, Page 44 of the Public
152records of Broward County, Florida;
153     THENCE S 00(56?05? E along the East line of said
154MARINERS COVE. a distance of 2276.59 feet to the
155Southeast corner of said MARINERS COVE;
156     THENCE N 88(58?55? W along the South, line of said
157MARINERS COVE a distance of 1349.57 feet to the
158Northerly right-of-way line of Northwest 62nd Street,
159as shown on said MARINERS COVE;
160     THENCE S 89(45?09? W a distance of 307.79 feet to
161a point on the Southerly right-of-way line of
162     THENCE S 89(30?45? W a distance of 79.68 feet to a
163point on the Easterly right-of-way line of said
164SUNSHINE STATE PARKWAY, as shown on said MARINERS
165COVE;
166     THENCE S 89(18?13? W a distance of 382.37 feet to
167a point on the Westerly right-of-way line of the said
168point also being the Northeast corner of The Cummings
169Plat No. 1 according to the Plat thereof, as recorded
170in Plat Book 126, Page 35 of the Public Records of
171Broward County, Florida;
172     THENCE S 36(59?06? W along the Easterly line of
173said THE CUMMINGS PLAT NO. 1, and along said Westerly
174right-of-way line a distance of 956.81 feet to a point
175on the Easterly right-of-way line of State Road 7 as
176shown on said THE CUMMINGS PLAT NO. 1, and projected
177Southerly;
178     THENCE S 89(33?52? W a distance of 117.29 feet to
179a point on the West right-of-way line of State Road 7,
180as shown on Bailey Road Plaza according to the Plat
181thereof, as recorded in Plat Book 86, Page 1 of the
182Public Records of Broward County, Florida and
183projected Northerly;
184     THENCE N 01(41?42? W along said Westerly right-of-
185way line a distance of 2152.83 feet to a point on the
186Southerly right-of-way line of McNab Road being on the
187arc of a non-tangent curve concave to the Southwest, a
188radial line of said curve through said point having a
189bearing of N 57(05?20? E,
190     THENCE Northwesterly and Westerly along the arc
191of said curve to the left, having a central angle of
19247(07?44? and a radius of 975.00 feet for an arc
193distance of 801.99 feet to a point on a non-tangent
194line, said line being 35.00 feet South of and parallel
195to the North Line of Section 12, Township 49, South,,
196Range 41 East;
197     THENCE S 89(23?29? W along said parallel line and
198continuing along the South right-of-way line of McNab
199Road (Southwest 15th Street) PER BROADVIEW COUNTRY CLUB
200ESTATES, according to the Plat thereof, as recorded in
201Plat Book 44, Page 31 of the Public Records of Broward
202County, Florida a distance of 1805.38 feet;
203     THENCE S 89(42?10? W, continue along said right-
204of-way line, a distance of 2405.94 feet;
205     THENCE S 01(31?23? E a distance of 2588.98 feet to
206a point on the South line of the North one-half (N1/2)
207of Section 12, Township 49 South, Range 41 East, said
208line also being the centerline of Bailey Road a 50.00
209foot (1/2) right-of-way, as shown on SPRINGBANK PARK,
210according to the Plat thereof, as recorded in Plat
211Book 63, Page 47 of the Public Records of Broward
212County, Florida.
213     THENCE S 89(31?43? W along said centerline a
214distance of 188.48 feet to the East one-quarter (E1/4)
215corner of Section 11, Township 49 South, Range 41
216East;
217     THENCE S 01(23?15? E a distance of 50.11 feet to a
218point on the Southerly right-of-way line of Bailey
219Road;
220     THENCE S 89(31?14? W along said Southerly right-
221of-way line a distance of 3954.25 feet to a point on
222the centerline of Northwest 61st Avenue, 60.00 un-named
223right-of-way as shown on BANYAN LAKES according to the
224Plat thereof, as recorded in Plat Book 102, Page 18 of
225the Public records of Broward County, Florida;
226     THENCE N 01(12?41? W along said centerline a
227distance of 49.96 feet to the previously described
228centerline of Bailey Road.
229     THENCE S 89(30?59? W along said centerline a
230distance of 1318.70 feet to the West line of said
231Section 11;
232     THENCE S 01(27?35? E along said Section line, a
233distance of 1323.04 feet to the Northeast corner of
234The MAINLANDS OF TAMARAC LAKES EIGHTH SECTION
235according to the Plat thereof, as recorded in Plat
236Book 67, Page 35 of the Public Records of Broward
237County, Florida;
238     THENCE S 89(31?30? W along the North line of said
239MAINLANDS OF TAMARAC SECTION EIGHT, a distance of
2401320.00 feet to the Southeast corner of The MAINLANDS
241OF TAMARAC LAKES TENTH SECTION, according to the Plat
242thereof. As recorded in Plat Book 68, Page 36 of the
243Public Records of Broward County, Florida;
244     THENCE N 01(27?23? W along the East line of said
245MAINLANDS OF TAMARAC LAKES TENTH SECTION, a distance
246of 1320.00 feet to the Northeast corner of said plat;
247     THENCE S 89(31?30? W along the North line of said
248MAINLANDS OF TAMARAC LAKES TENTH SECTION, a distance
249of 1320.00 feet to the Southeast corner of The
250Mainlands of Tamarac Lakes Unit Fifteen according to
251the plat thereof, as recorded in Plat Book 71, Page 3
252of the Public Records of Broward County, Florida;
253     THENCE N 01(27?23? W along the East line of said
254MAINLANDS OF TAMARAC LAKES UNIT FIFTEEN a distance of
2552642.99 feet to the North line of Section 10 said LINE
256BEING 15.00 feet South of and parallel with the North
257right-of-way line of McNab Road as shown on said Plat;
258     THENCE N 89(31?07? E along said North line a
259distance of 1320.00 feet to the East line of McNab
260Commercial Subdivision No. 1 plat (71-13);
261     THENCE N 01(40?37? W along said east line a
262distance of 7231.05 feet to the South line of Section
26334;
264     THENCE S 89(52?23? E along said South line a
265distance of 158.14 feet;
266     THENCE N 01(15?23? W a distance of 535.22 feet to
267the Southerly right-of-way line of the South Florida
268Water Management District Canal C-14 (Pompano Canal)
269per North Lauderdale Village Section Five plat (109-
27025);
271     THENCE N 88(59?53? E along said Southerly right-
272of-way line a distance of 2257.64 feet to the East
273line of Section 34;
274     THENCE S 01( 08?20? E a distance of 574.37 feet to
275the POINT OF BEGINNING;
276     PLUS:
277     Portions of Sections 13 and 13, Township 49,
278South, Range 41 East, Broward County, Florida;
279Together with portions of Sections 7 and 18, Township
28049 South, Range 42 East Broward County, Florida;
281Together with portions of Tracts 4, 8, 9, and 16,
282"FORT LAUDERDALE TRUCK FARMS" according to the Public
283Records of Broward County, Florida; Together with a
284portion of Tract 10, Block 96, "PALM BEACH FARMS CO.
285PLAT NO. 3", Plat Book 2, Page 54, Palm Beach County
286Records; Together with all of the following plats
287recorded in the Public Records of Broward County,
288Florida, "BROADVIEW COUNTRY CLUB ESTATES", Plat Book
28944, Page 31, "BROADVIEW COUNTRY CLUB ESTATES, 1st
290ADDITION", Plat Book 46, Page 4, "BROADVIEW COUNTRY
291CLUB ESTATES, 2ND ADDITION", Plat Book 47, Page 22,
292?BROADVIEW COUNTRY CLUB ESTATES, 3RD  ADDITION?, Plat
293Book 47, Page 41, "BROADVIEW COUNTRY CLUB ESTATES, 4TH
294ADDITION", Plat Book 48, Page 5, "BROADVIEW COUNTRY
295CLUB ESTATES, 5TH ADDITION", Plat Book 48, Page 25,
296"BROADVIEW COUNTRY CLUB ESTATES, 6TH ADDITION", Plat
297Book 51, Page 49, "BROADVIEW COUNTRY CLUB ESTATES, 7TH
298ADDITION", Plat Book 51, PAGE 50, "POMPANO PARK
299SECTION 1", Plat Book 52, Page 7, "POMPANO PARK
300SECTION 2", Plat Book 54, Page 12, "POMPANO PARK
301SECTION 3", Plat Book 55, Page 20, "BROADVIEW COUNTRY
302CLUB ESTATES, 9TH  ADDITION", Plat Book 56, Page 3,
303"BROADVIEW COUNTRY CLUB ESTATES, 11TH ADDITION", Plat
304Book 56, Page 28, "BROADVIEW COUNTRY CLUB ESTATES,
30512TH ADDITION", Plat Book 57, Page 18, "BROADVIEW
306COUNTRY  CLUB ESTATES,  14TH  ADDITION", Plat Book 58
307Page 18, "BROADVIEW COUNTRY CLUB ESTATES, 15TH
308ADDITION", Plat Book 62, Page  35, "PERRY'S  ADDITION
309TO BROADVIEW COUNTRY CLUB ESTATES", Plat Book 62, Page
31043, "SPRINGBANK  PARK", Plat Book 63, Page 47,
311"SPRINGBANK PARK, SECTION 2", Plat Book 69, Page 23,
312"SOUTHERN FEDERAL AT TAMARAC?, Plat Book 82, Page 36,
313"SLOATE & ZITO CENTER", Plat Book 83, Page 13,
314?BUNTROCK PLAT", Plat Book 84, Page 30, "BAILEY ROAD
315PLAZA", Plat Book 86, Page 1, "STAPLES COMMERCIAL
316PLAT", Plat Book 93, Page 2, "CONTINENTAL PLAZA", Plat
317Book 96, Page 14,  "ZACKOWITZ PLAT", Plat Book 100,
318Page 38, ?DARGEL-MINNET PLAT?, Plat Book 104, Page 16,
319"GUARDIAN PLAT", Plat Book 111, Page 50, "TAMARAC MINI
320STORAGE PLAT No. 1" PLAT BOOK 112, Page 2, "WELLENS
321COMMERCIAL", Plat Book 115, Page 44, "PLAZA SEVEN
322SUBDIVISION", Plat Book 117, PAGE 24, "THE POINT",
323Plat Book 119, Page 28, "K.M.R. PLAT", Plat Book 127,
324Page 4, "ANDY PLAT", Plat Book 127, Page 16, "CENTRUM-
325ROBAINA PLAT", Plat Book 127, Page 27, "HIDDEN LAKE
326ESTATES", Plat Book 144, Page 46, and the "WILEY
327PLAT", Plat Book 168, Page 29, said portions being
328more particularly described as follows:
329     Beginning at the intersection of a line lying
330170.00 feet East of the West line of said Section 12,
331and the North line of said Section 12; said line also
332being the municipal limits of North Lauderdale per
333Chapter 83-475, House Bill No. 926, Laws of Florida;
334THENCE along said North line and said Municipal Limits
335line, South 88?55'02" East, 5,098.96 feet to an
336intersection with a point on a line lying 15 feet West
337of and parallel with the East Line of the Northeast
338Quarter (N.E. 1/4) of said Section 12;
339     THENCE along said parallel line, and said
340Municipal Limits line South 00?00'00" East, 2,644.43
341feet;
342     THENCE South 00?00'03" East 98.89 feet to a point
343on the Westerly right of way of Florida's Turnpike;
344     THENCE North 37?42'49" East along said Westerly
345right of way and said Municipal Limits line to the
346Northerly prolongation of the West line of Tract 7,
347Block 96 of said PALM BEACH FARMS CO. Plat No. 3;
348     THENCE South 00?01?14? East along the said
349Northerly prolongation and along the East right of way
350line of State Road 7 said line also being the
351Municipal Limits of Fort Lauderdale as per Chapter 69-
3521057 House Bill 2628 of the Laws of Florida and City
353of Ft. Lauderdale Ordinance No. C-00-71 to the North
354right-of-way line of Prospect Road, as shown on the
355State of Florida Department of Transportation right-
356of-way map Section 86100-2501 Sheet 7 (Latest Date
3574/17/95);
358     THENCE easterly along said North right-of-way
359line, to a POINT OF INTERSECTION with a line lying
360249.00 feet East of and parallel with the East right-
361of-way line of said State Road 7;
362     THENCE Southerly along said line to an
363intersection with the south line of the aforesaid
364Tract 10;
365     THENCE along said South line, 987.82 feet to an
366intersection with the Northerly Extension of the
367Westerly line of "LINPRO LONESTAR PARK", according to
368the plat thereof as recorded in Plat Book 124, Page
36912, of the Public Records of Broward County, Florida;
370     THENCE South 00?07'30" East, along said Westerly
371line and the Westerly line of "PROSPECT INDUSTRIAL AND
372COMMERCIAL PARK" according to the plat thereof as
373recorded in Plat Book 14, Page 17, of the Public
374Records of Broward County, Florida, said line also
375being the Municipal Limits of Fort Lauderdale per
376Ordinance C-72-22, 2,059.89 feet to the South line of
377said PROSPECT INDUSTRIAL AND COMMERCIAL PARK Plat;
378     THENCE easterly along the said South line and
379said Municipal Limits line, South 88?20'25" East,
3801,323.66 feet to an intersection with the West Line of
381the East Half (E. 1/2) of said Section 18;
382     THENCE Southerly along said West line, and said
383Municipal Limits line, South 00?11'46" East, 1,120.59
384feet to an intersection with the North right-of-way
385line of Commercial Boulevard (N.W. 50th Street);
386     THENCE along said North right of way line, said
387line also being the Municipal Limits of Tamarac per
388Ordinance 0-81-17, said line also being the south
389lines of said ?GUARDIAN PLAT?, said ?KMR PLAT? and
390said ?THE POINT PLAT?, to a line 861.25 feet West of
391the East Boundary of the Southwest Quarter (S.W. 1/4)
392of said Section 18;
393     THENCE along said Municipal Limits line the
394following Two (2) Courses;  (1)  THENCE North
39500?29?16? West along said line said line also being
396the East line "TAMARAC BUSINESS CENTER? according to
397the plat thereof, as recorded in Plat Book 61, Page 27
398of the Public Records of Broward county, Florida
399446.72 feet (2)  THENCE along the North line of said
400Plat, North 88?29'17" West, 462.40 feet to an
401intersection with the Southerly Extension of the
402Westerly line of said "TAMARAC MINI STORAGE PLAT NO.
4031";
404     THENCE along the Municipal Limits of Fort
405Lauderdale per Ordinance C-73-4 the following Three
406(3) Courses, and along said Southerly Extension of
407said Westerly line and the Westerly line of said
408?TAMARAC MINI STORAGE PLAT NO. 1?,  (1) North
40900?07'30" West, 660.26 feet to the Northeast Corner of
410"LEDER COMMERCIAL SUBDIVISION", according to the Plat
411thereof as recorded in Plat Book 79, Page 25 of the
412Public Records of Broward County, Florida; (2)  THENCE
413along the North line of said "LEDER COMMERCIAL
414SUBDIVISION" Plat, North 88?33'38" West, 1,271.42 feet
415to the East right of way line of State Road 7; (3)
416THENCE along said East right of way line, South
41700?00'30" East, 658.62 feet to the South line of the
418Northwest Quarter (N.W. 1/4) of said Section 18;
419     THENCE along the Municipal Limits of Tamarac, per
420Ordinance 0-81-17, the following Nine (9) Courses;
421(1)  THENCE North 88?29'17" West 153 feet along said
422South line and the Westerly prolongation thereof to
423the West right of way line of State Road 7; (2)
424THENCE Northerly along said West right of way line to
425an intersection with the South line of the Southeast
426Quarter of Section 12, Township 49 South, Range 41
427East;  (3) THENCE along said South line, North
42888?57'06" West 1,220 feet, more or less, to the
429intersection with the West line of said Tract 16 and
430the Southerly extension of the West line of said
431"POMPANO PARK" Plat;  (4)  THENCE along said West
432line, said line also being the East line of Tract 15
433of said FT. LAUDERDALE TRUCK FARMS Plat, North
43400?02'53" West, 1,320.05 feet to the Southeast Corner
435of said "POMPANO PARK SECTION 1" PLAT;  (5)  THENCE
436along the South line of the aforesaid "POMPANO PARK
437SECTION 1" Plat and the South line of said Tract 10,
438North 88?57'12" West, 1,153.35 feet to a POINT OF
439INTERSECTION with the line lying 165.83 feet East of
440the West line of said Tract 10;  (6)  THENCE Northerly
441along said line 163.73 feet;  (7)  THENCE Westerly
442along a line 163.73 feet North of the South line of
443said Tract 10, 165.83 feet to a Point on the West line
444of said Tract 10;  (8)  THENCE along the West line of
445said Tract 10, North 01?03'51" East, 1,155.20 feet to
446an intersection with the South line of the North (N
4471/2) of said Section 12;  (9)  THENCE along said South
448line, North 88?56'09" West 2,470.48 feet to a POINT OF
449INTERSECTION with said line lying 170.00 feet East of
450and parallel with the West line of said Section 12;
451     THENCE along said parallel line said line also
452being the Municipal Limits of the City of North
453Lauderdale per Chapter 83-475 House Bill 926 Laws of
454Florida, North 00?00'05" East, 2,646.09 feet to the
455POINT OF BEGINNING. Together with all of the "ANDY
456PLAT" Plat Book 127, Page 16 of the Public Records of
457Broward County, Florida, and a portion of Section 18,
458Township 49 south, Range 42 East, more particularly
459described as follows:
460     Begin at the Northwest Corner of said "ANDY
461PLAT";
462     THENCE along the North line of said Plat and
463Easterly prolongation thereof, said line also being
464the Municipal Limits of Tamarac per Ordinance 0-81-17,
465South 88?32'02" East, 130.09 feet;
466     THENCE South 00?08'24" East along the Municipal
467Limits of Oakland Park per Chapter 79-458 House Bill
4681498, Laws of Florida, 426.14 feet;
469     THENCE along the South line of said "ANDY PLAT"
470and Easterly prolongation thereof, said line also
471being the Municipal Limits of Lauderdale Lakes per
472Chapter 84-463, House Bill 1082, Laws of Florida,
473130.09 feet;
474     THENCE along the West line of said Plat, said
475line also being the Municipal Limits of Lauderdale
476Lakes per Ordinance 87-10, North 00?08'24" West,
477426.14 feet to the POINT OF BEGINNING. Together with:
478all of the "CONTINENTAL PLAZA", Plat Book 96, Page 14
479of the Public Records of Broward County, Florida, and
480a portion of Section 18, Township 49 South, Range 42
481East, more particularly described as follows:
482     BEGIN at the Northwest Corner of said CONTINENTAL
483PLAZA;
484     THENCE along the North line of said Plat and
485Easterly prolongation thereof, said line also being
486the Municipal Limits of Tamarac per Ordinance 0-81-17,
487South 88?32'02" East, 299.77 feet;
488     THENCE along the West line of CARVEL CORPORATION
489PLAT, per Plat Book 123, Page 17, of the Public
490Records of Broward County, Florida, said line also
491being the Municipal Limits of Lauderdale Lakes per
492Ordinance 87-10, South 00?11'09" East, 426.14 Feet;
493     THENCE along the south line of said CONTINENTAL
494PLAZA Plat and the Easterly prolongation thereof said
495line also being the Municipal Limits of Lauderdale
496Lakes per Chapter 84-463, House Bill 1082, Laws of
497Florida, North  88?32'02" West, 299.43 feet;
498     THENCE along the west line of said Plat, said
499line also being the Municipal Limits of Tamarac per
500Ordinance 0-81-7, North 00?11'09" West, 426.15 feet to
501the POINT OF BEGINNING.
502     LESS THEREFROM: that portion of the City of Ft.
503Lauderdale as per Ordinance C-73-4 lying in Section
50418, Township 49, Range 42 East, Broward County,
505Florida, being more particularly described as follows:
506     BEGINNING at the Northwest corner of the South
507half (S 1/2) of the Southeast one (S.E. 1/4) of the
508Northwest One Quarter (N.W. 1/4) of Section 18,
509Township 49 South, Range 42 East;
510     THENCE North 00?07?30? West along the Extension
511of the West line of the South half (S 1/2) of the
512Southeast One Quarter (N.W. 1/4), a distance of 15.00
513feet;
514     THENCE North 88?33?38? West, a distance of 10.00
515feet;
516     THENCE South 00?07?30? East, 10.00 feet West of
517and parallel to the said West line of the South half
518(S 1/2) of the Southeast One Quarter  (S.E. 1/4) of
519the Northwest One Quarter (N.W. 1/4), a distance of
52033.33 feet;
521     THENCE South 88?33?38? East, a distance of 10.00
522feet to a point on the West line of said South half (S
5231/2) of the Southeast One Quarter (S.E. 1/4) of the
524Northwest One Quarter (N.W. 1/4);
525     THENCE North 00?07?30? West, along the said West
526line of the South half (S 1/2) of the Southeast One
527Quarter (S.E. 1/4) of the Northwest One Quarter (N.W.
5281/4), a distance of 18.33 feet to the POINT OF
529BEGINNING.
530     Said lands situate and lying in Broward County,
531Florida.
532
533It is hereby determined, declared, and enacted that said lands in
534their present condition are wet and subject to overflow and that
535the drainage, reclamation, and protection of said lands from the
536effects of water is in the interest of and conducive to the public
537welfare, health, and convenience.
538     Section 2.  Provisions of chapter 298, Florida Statutes, made
539applicable.--A public corporation and a political subdivision of
540the state is hereby created under the name and style of "North
541Lauderdale Water Control District."  The provisions of the general
542drainage laws of Florida applicable to drainage districts which
543are embodied in chapter 298, Florida Statutes, and all the laws
544amendatory thereof, now existing or hereinafter enacted so far as
545not inconsistent with this act, are hereby declared to be
546applicable to said North Lauderdale Water Control District.  Said
547North Lauderdale Water Control District shall have all the powers
548and authorities mentioned in or conferred by said chapter 298,
549Florida Statutes, and acts amendatory thereof, except as herein
550otherwise provided.
551     Section 3.  Powers of the district.--Said district shall have
552the power to sue and be sued by its name in any court of law or in
553equity; to make contracts; to adopt and use a corporate seal and
554to alter the same at pleasure; to acquire by purchase, gift, or
555condemnation, real and personal property, either or both, within
556or without the district, and to convey and dispose of such real
557and personal property as may be necessary and convenient to carry
558out the purposes, or any of the purposes, of this act and chapter
559298, Florida Statutes; to construct, operate, and maintain canals,
560ditches, drains, levees, dikes, and other works for drainage
561purposes; to acquire, purchase, operate, and maintain pumps,
562plants, and pumping systems for drainage purposes; to construct,
563operate, and maintain irrigation works, machinery, and plants; to
564construct, improve, pave, and maintain roadways and roads
565necessary and convenient for the exercise of the powers or duties
566or any of the powers or duties of said district or the supervisors
567thereof; to pump water into and out of canals, ditches, drains,
568and other works of the district, or onto or from the lands in said
569district, and to regulate and control the flow of water into and
570out of said district; in maintaining and operating canals, drains,
571levees, dikes, dams, locks, reservoirs, pumping stations, and
572water control structures, the board of supervisors and its agents
573and employees shall have the authority to enter at all reasonable
574times upon the lands adjacent to any such drainage works in order
575to transport and use men and women, equipment, machinery, and
576materials necessary to properly maintain, preserve, and operate
577such drainage works and in furtherance of the purposes and intent
578of this act and chapter 298, Florida Statutes, to construct,
579improve, and pave roadways and roads necessary and convenient to
580provide access to, and efficient development of, areas made
581suitable and available for cultivation, settlement, and other
582beneficial use and development as a result of the drainage and
583reclamation operations of the district; to borrow money and issue
584negotiable or other bonds of said district as hereinafter
585provided; to borrow money from time to time, and issue negotiable
586or other notes of said district therefor, bearing interest not
587exceeding the rate prescribed by Florida general or special law,
588in anticipation of the collection of taxes, levies, and
589assessments or revenues of said district and to pledge or
590hypothecate such taxes, levies, assessments, and revenues to
591secure such bonds, notes, or obligations, and to sell, discount,
592negotiate, and dispose of the same; and to exercise all other
593powers necessary, convenient, or proper in connection with any of
594the powers or duties of said district stated in this act or
595chapter 298, Florida Statutes.  The powers and duties of said
596district shall be exercised by and through the board of
597supervisors thereof, which board shall have the authority to
598employ engineers, attorneys, agents, employees, and
599representatives as the board of supervisors may from time to time
600determine and to fix their compensation and duties.
601     Section 4.  Board of supervisors; organization; powers,
602duties, and terms of office.--There is hereby created a Board of
603Supervisors of North Lauderdale Water Control District, which
604shall be the governing body of said district.  The members of the
605board of supervisors of said district shall be composed of five
606members, who shall be the five sitting members of the City
607Commission of the City of North Lauderdale.  The city commission
608shall continue all of the duties, functions, and responsibilities
609under this act of the supervisors of the district after this act
610becomes law.
611     (1)  The term of office of each member of the board of
612supervisors shall be coincidental with that member's term of
613office as a member of the city commission.  The members shall
614assume full duties as a member of the board of supervisors once he
615or she takes the oath of office as a member of the city
616commission.
617     (2)  Terms of office for the board of supervisors shall be
618concurrent with the length of time the commission member is in
619office.
620     (3)  An annual meeting of the board of supervisors shall be
621held during the first week of June and otherwise in accordance
622with this act.  At the annual meeting of the board of supervisors
623and as necessary to fill a vacancy, the board shall elect, from
624its members, a chair and a vice chair, who shall serve in said
625positions until the next annual meeting or expiration of his or
626her term, whichever occurs first.
627     Section 5.  Meetings of board of supervisors.--The board of
628supervisors shall have the power to call special meetings at any
629time to receive reports or consider and act upon any matter.
630Notice of all meetings shall be given by the board of supervisors
631by causing publication thereof to be made once at least 5 days
632prior to such meeting in some newspaper published in Broward
633County or by sending sufficient notice through the mail to each
634landowner.  In cases of emergency as determined by a majority of
635the board, this notice requirement may be waived.  The meetings
636shall be held in some public place, and the place, day, and hour
637of holding such meeting shall be stated in the notice.  The chair
638of the board of supervisors shall preside at such meeting.  The
639City Clerk of the City of North Lauderdale shall serve as
640secretary of the board of supervisors and shall serve as the
641secretary at the meeting. The Board of Supervisors of the North
642Lauderdale Water Control District shall meet not less than 4 times
643per year to conduct the business of the district as provided for
644in this act.
645     Section 6.  Compensation of the board.--Each supervisor shall
646serve without compensation, except that he or she shall be
647reimbursed for their travel expenses pursuant to section 112.061,
648Florida Statutes, as may be amended from time to time, for each
649mile actually traveled in going to and from his or her place of
650residence to the place of meeting.
651     Section 7.  Taxes and assessments, levied and apportioned,
652and the collection thereof.--Taxes and non-ad valorem assessments
653shall be levied and apportioned as provided for by the general
654drainage and water control laws of Florida, chapter 298, Florida
655Statutes, and amendments thereto, and the general or special laws
656of the state; except that the following provisions shall apply to
657said district: the board of supervisors shall determine, order,
658and levy the amount of the annual taxes or non-ad valorem
659assessments levied under chapter 298, Florida Statutes, which
660shall become due and be collected during each year at the same
661time that county taxes are due and collected, which said annual
662tax, assessment, and levy shall be evidenced to and certified by
663the said board, no later than July 1 of each year, to the Tax
664Assessor of Broward County.  Said tax or assessment shall be
665extended by the county tax assessor on the county tax roll and
666shall be collected by the tax collector in the same manner and
667time as county taxes, and the proceeds thereof paid to said
668district.
669     Section 8.  Maintenance tax.--The provisions of section
670298.54, Florida Statutes, and amendments thereto shall not be
671applicable to said district.  In lieu thereof, the following
672provisions shall apply to said district: to maintain and preserve
673the improvements made pursuant to this chapter and to repair and
674restore the same, when needed, and for the purpose of defraying
675the current expenses of the district, the board of supervisors,
676may, upon completion of said improvements in whole or in part as
677may be certified to the said board by the chief engineer, levy
678annually a tax upon each tract or parcel of land within the
679district, to be known as ?maintenance tax.?  Said maintenance tax
680shall be apportioned upon the basis of the net non-ad valorem
681assessments of benefits assessed as accruing for original
682construction, and shall be evidenced to and certified by said
683board not later than July 1 of each year to the Tax Assessor of
684Broward County, and shall be extended by the county tax assessor
685on the county tax roll, and shall be collected by the county tax
686collector in the same manner and time as county taxes and the
687proceeds therefrom paid to the said district.  Said tax shall be a
688lien until paid on the property upon which assessed, and
689enforceable in like manner as county taxes.
690     Section 9.  Levy of taxes and assessments on fractional
691acres.--In levying and assessing all taxes and assessments, each
692tract or parcel of land more than 1 acre in area which contains a
693fraction of an acre shall be assessed at the nearest whole number
694of acres.  However, each tract or parcel of land less than 1 acre
695in area shall be assessed as a full acre.
696     Section 10.  Enforcement of taxes and assessments.--The
697collection and enforcement of all taxes and assessments levied by
698said district shall be at the same time and in like manner as the
699county.  The provisions of the Florida Statutes relating to the
700sale of lands for unpaid and delinquent county taxes and
701assessments, the issuance, sale, and delivery of tax certificates
702for such unpaid and delinquent county taxes, the redemption
703thereof, the issuance to individuals of tax deeds based thereon,
704and all other procedures in connection therewith shall be
705applicable to said district and the delinquent and unpaid taxes
706and assessments of said district to the same extent as if said
707statutory provisions were expressly set forth in this act.  All
708taxes and assessments shall be subject to the same discounts as
709county taxes.
710     Section 11.  When unpaid tax or assessment is delinquent;
711penalty.--All taxes provided for in this act shall be and become
712delinquent and bear penalties in the amount of said taxes in the
713same manner as county taxes.  Assessments provided for in this act
714and authorized in chapter 298, Florida Statutes, shall be and
715become delinquent and bear penalties and interest at the highest
716rate authorized by Florida general or special law, or as otherwise
717provided in district legislation imposing the assessment.
718     Section 12.  Bonds may be issued; sale and disposition of
719proceeds; interest; levy to pay bonds; bonds and duties of
720treasurer, etc.?-
721     (1)  The board of supervisors may, if in their judgment it
722seems best, issue bonds not to exceed 90 percent of the total
723amount of the taxes levied under the provisions of section
724298.305, Florida Statutes, in denominations of not less than $100,
725bearing interest from the date of issuance at a rate as provided
726by general law, payable annually or semiannually, to mature at
727annual intervals within 40 years commencing after a period of not
728later than 10 years, to be determined by the board of supervisors;
729both principal and interest payable at some convenient place
730designated by the board of supervisors to be named in said bonds;
731and said bonds shall be signed by the chair of the board of
732supervisors, attested with the seal of said district, and by the
733signature of the secretary of said board.  All of said bonds shall
734be executed and delivered to the treasurer of said district, who
735shall sell the same in such quantities and at such dates as the
736board of supervisors may deem necessary to meet the payments for
737the works and improvements in the district.  Said bonds shall not
738be sold for less than 90 cents on the dollar, with accrued
739interest, shall show on their face the purpose for which they are
740issued, and shall be payable out of moneys derived from the
741aforesaid taxes.  A sufficient amount of the drainage tax shall be
742appropriated by the board of supervisors for the purpose of paying
743the principal and interest of said bonds and the same shall, when
744collected, be preserved in a separate fund for that purpose and no
745other.  All bonds and coupons not paid at maturity shall bear
746interest at the rate of 6 percent per annum from maturity until
747paid, or until sufficient funds have been deposited at the place
748of payment, and said interest shall be appropriated by the board
749of supervisors out of the penalties and interest collected on
750delinquent taxes or other available funds of the district.
751Provided, however, that it may, in the discretion of said board,
752be provided that at any time, after such date as shall be fixed by
753the said board, said bonds may be redeemed before maturity at the
754option of said board, or their successors in office, by being made
755callable prior to maturity at such times and upon such prices and
756terms and other conditions as said board shall determine.  If any
757bond so issued subject to redemption before maturity shall not be
758presented when called for redemption, it shall cease to bear
759interest from and after the date so fixed for redemption.
760     (2)  The board of supervisors of said district shall have
761authority to issue refunding bonds to take up any outstanding
762bonds and any interest accrued thereon when, in the judgment of
763said board, it shall be for the best interest of said district to
764do so.  The said board is hereby authorized and empowered to issue
765refunding bonds to take up and refund all bonds of said district
766outstanding that are subject to call and prior redemption, and all
767interest accrued to the date of such call or prior redemption, and
768all bonds of said district that are not subject to call or
769redemption, together with all accrued interest thereon, where the
770surrender of said bonds can be procured from the holders thereof
771at prices satisfactory to the board or can be exchanged for such
772outstanding bonds with the consent of the holder thereof.  Such
773refunding bonds may be issued at any time when, in the judgment of
774said board, it will be to the interest of the district financially
775or economically to secure a lower rate of interest on said bonds
776or by extending the time of maturity of said bonds, or for any
777other reason in the judgment of said board advantageous to said
778district.  Such refunding bonds may mature at any time or times in
779the discretion of said board, not later, however, than 40 years
780from the date of issuance of said refunding bonds.  Said refunding
781bonds shall bear such dates of issue and such other details as
782said board shall determine and may, in the discretion of said
783board, be made callable prior to maturity at such times and upon
784such prices and terms and other conditions as said board shall
785determine.  All the other applicable provisions of this act not
786inconsistent therewith shall apply fully to said refunding bonds
787and the holders thereof shall have all the rights, remedies, and
788security of the outstanding bonds refunded, except as may be
789otherwise provided in the resolution of the board authorizing the
790issuance of such refunding bonds.  Any funds available in the
791sinking fund for the payment of the principal and interest of
792outstanding bonds may be retained in the fund to be used for the
793payment of principal and interest of the refunding bonds, in the
794discretion of the board of supervisors.  Any expenses incurred in
795buying any or all bonds authorized under the provisions of this
796section and the interest thereon and a reasonable compensation for
797paying same shall be paid out of the funds in the hands of the
798treasurer and collected for the purpose of meeting the expenses of
799administration.  It shall be the duty of the said board of
800supervisors in making the annual tax levy as heretofore provided
801to take into account the maturing bonds and interest on all bonds
802and expenses and to make provision in advance for the payment of
803same.
804     (3)  In case the proceeds of the original tax levy made under
805the provisions of section 298.36, Florida Statutes, are not
806sufficient to pay the principal and interest of all bonds issued,
807then the board of supervisors shall make such additional levy or
808levies upon the benefits assessed as are necessary for this
809purpose, and under no circumstances shall any tax levies be made
810that will in any manner or to any extent impair the security of
811said bonds or the funds available for the payment of the principal
812and interest of same.  Said treasurer shall, at the time of the
813receipt by him or her of said bonds, execute and deliver to the
814chair of the board of said district a bond with good and
815sufficient surety to be approved by said board, on the condition
816that he or she shall account for and pay over as required by law
817and as ordered by said board of supervisors, any and all moneys
818received by him or her on the sale of such bonds, or any of them,
819and that he or she will only sell and deliver such bonds to the
820purchaser or purchasers thereof under and according to the terms
821herein prescribed, and that he or she will return to the board of
822supervisors and duly cancel any and all bonds not sold when
823ordered by said board to do so.  Said bonds when so returned shall
824remain in the custody of the chair of the board of supervisors,
825who shall produce the same for inspection or for use as evidence
826whenever and wherever legally requested so to do.  The said
827treasurer shall promptly report all sales of bonds to the board of
828supervisors.  The board shall, at a reasonable time thereafter,
829prepare and issue warrants in substantially the form provided in
830section 298.17, Florida Statutes, for the payment of maturing
831bonds so sold and the interest payments coming due on all bonds
832sold.  Each of said warrants shall specify what bonds and accruing
833interest it is to pay, and the treasurer shall place sufficient
834funds at the place of payment to pay the maturing bonds and
835coupons when due, together with necessary compensation for paying
836same.  The successor in office of any such treasurer shall not be
837entitled to said bonds or the proceeds thereof until he or she
838shall have complied with all of the foregoing provisions
839applicable to his or her predecessor in office. The aforesaid bond
840of said treasurer, if said board shall so direct, may be furnished
841by a surety or bonding company, which may be approved by said
842board of supervisors; provided, if it should be deemed more
843expedient to said board of supervisors as to money derived from
844the sale of bonds issued, said board may, by resolution, select
845some suitable bank or banks of other depository as temporary
846treasurer or treasurers to hold and disburse said moneys upon the
847order of said board as the work progresses, until such fund is
848exhausted or transferred to the treasurer by order of said board
849of supervisors.  The funds derived from the sale of said bonds or
850any of them shall be used for the purpose of paying the cost of
851the drainage works and improvements, and such costs, fees,
852expenses, and salaries as may be authorized by law, and used for
853no other purpose.
854     Section 13.  Full authority for issue and sale of bonds
855authorized.--
856     (1)  This act shall, without reference to any other act of
857the Legislature, be full authority for the issuance and sale of
858bonds authorized in this act, which bonds shall have all the
859qualities of negotiable paper under the law merchant and shall not
860be invalid for any irregularity or defect in the proceedings for
861the issuance and sale thereof and shall be incontestable in the
862hands of bona fide purchasers or holders thereof.  No proceedings
863in respect to the issuance of any such bonds shall be necessary,
864except such as are required by this act.  The provisions of this
865act shall constitute an irrepealable contract between the said
866board of supervisors and the said North Lauderdale Water Control
867District and the holders of any bonds and the coupons thereof
868issued pursuant to the provisions hereof.  Any holder of any of
869said bonds or coupons may, either in law or by equity, suit,
870action, or mandamus, enforce and compel the performance of the
871duties required by this act of any of the officers or persons
872mentioned in this act in relation to the said bonds or to the
873correct enforcement and application of the taxes for the payment
874thereof.
875     (2)  After the several bonds and coupons are paid and retired
876as herein provided, they shall be returned to the treasurer, and
877they shall be canceled and an appropriate record thereof made in a
878book to be kept for that purpose, which record of paid and
879canceled bonds shall be kept at the office of the treasurer and
880shall be opened for inspection of any bondholder at any time.
881     Section 14.  Approval of board of drainage commissioners not
882required to issue bonds.--The board of supervisors may issue bonds
883under the provisions of this act without the approval of the Board
884of Drainage Commissioners of the state.
885     Section 15.  Floating indebtedness.--
886     (1)  After the levy of taxes in any years, and before the
887collection thereof, the board of supervisors shall have the power
888to issue tax anticipation notes.  Said notes shall bear interest
889at a rate not exceeding the maximum rate allowed by general or
890special law, shall be payable at such times, and may be sold or
891discounted at such price or on such terms as the said board may
892deem advisable, and the board may pledge the whole or any part of
893the tax levy for the payment thereof.
894     (2)  The board shall also have the right to issue temporary
895obligations or interim certificates after the issuance of any
896bonds authorized under this act but, prior to the sale thereof,
897said temporary obligations and interim certificates shall be paid
898within 2 years from the proceeds of the sale of said bonds.
899     (3)  Said temporary obligations and interim certificates
900shall have all the rights and privileges of the permanent
901bondholders.
902     (4)  The tax anticipation notes, temporary obligations, and
903interim certificates shall be termed ?floating indebtedness? in
904order to distinguish the same from the bonded debt as provided for
905herein.
906     Section 16.  Eminent domain.--The said board of supervisors
907is hereby authorized and empowered to exercise the right of
908eminent domain and may condemn for the use of said district any
909and all lands, easements, rights-of-way, riparian rights, and
910property rights of every description, in or out of said district,
911required for the public purposes and powers of said board as
912herein granted, and may enter upon, take, and use such lands as it
913may deem necessary for such purposes.
914     Section 17.  Water a common enemy.--It is hereby declared
915that in said district surface waters, which shall include rainfall
916and the overflow of rivers and streams, are a common enemy, and
917the said district and any individual or agency holding a permit to
918do so from said district, shall have the right to dike, dam, and
919construct levies to protect the said district or any part thereof,
920or the property of said individual or agency against the same, and
921thereby divert the course and flow of such surface waters and/or
922pump the water from within such dikes and levees.
923     Section 18.  Unit development; powers of supervisors to
924designate units of district and adopt system of progressive
925drainage by units; plans of reclamation and financing assessments,
926etc. for each unit.--
927     (1)  The Board of Supervisors of North Lauderdale Water
928Control District shall have the power and is hereby authorized in
929its discretion to drain and reclaim or more completely and
930intensively to drain and reclaim the lands in said district by
931designated areas or parts of said district to be called ?units.?
932The units into which said district may be so divided shall be
933given appropriate numbers or names by said board of supervisors,
934so that said units may be readily identified and distinguished.
935The board of supervisors shall have the power to fix and determine
936the location, area, and boundaries of and lands to be included in
937each and all such units, the order of development thereof, and the
938method of carrying on the work in each unit.  The unit system of
939drainage provided by this section may be conducted and all of the
940proceedings by this section and this act authorized in respect to
941such unit or units may be carried on and conducted at the same
942time as or after the work of draining and reclaiming of the entire
943district has been or is being or shall be instituted or carried on
944under the provisions of this act.  If the board of supervisors
945shall determine that it is advisable to conduct the work of
946draining and reclaiming the lands in said district by units, as
947authorized by this section, said board shall, by resolution duly
948adopted and entered upon its minutes, declare its purpose to
949conduct such work accordingly, and shall at the same time and
950manner fix the number, location, and boundaries of and description
951of lands within such unit or units and give them appropriate
952numbers or names.  As soon as practicable after the adoption and
953recording of such resolution, said board of supervisors shall
954publish notice once a week for 2 consecutive weeks in a newspaper
955published in Broward County, or duly notify the landowners by
956registered letter, briefly describing the units into which said
957district has been divided and the lands embraced in each unit,
958giving the name, number, or other designation of such units,
959requiring all owners of lands in said district to show cause in
960writing before said board of supervisors at a time and place to be
961stated in such notice why such division of said district into such
962units should not be approved, and said system of development by
963units should not be adopted and given effect by said board, and
964why the proceedings and powers authorized by this section of this
965act should not be had, taken, and exercised.  At the time and
966place stated in said notice, said board of supervisors shall hear
967all objections or causes of objection, all of which shall be in
968writing, of any landowner in said district to the matters
969mentioned and referred to in such notice, and if no objections are
970made, or if objections are made, shall be overruled by said board,
971then said board shall enter in its minutes its findings and order
972confirming said resolution and may thereafter proceed with the
973development, drainage, and reclamation of said district by units
974pursuant to such resolution and to the provisions of this act.
975If, however, said board of supervisors shall find as a result of
976such objections, or any of them or the hearing thereon, that the
977division of said district into such units as aforesaid should not
978be approved, or that said system of development by units should
979not be adopted and given effect, or that the proceedings and
980powers authorized by this section should not be had, taken, or
981exercised, or that any other matter or thing embraced in said
982resolution would not be in the best interest of the landowners of
983said district or would be unjust or unfair to any landowner
984therein or otherwise inconsistent with fair and equal protection
985and enforcement of the rights of every landowner in said district,
986then said board of supervisors shall not proceed further under
987such resolution, but said board of supervisors may, as a result of
988such hearing, modify or amend said resolution so as to meet such
989objections so made, and thereupon said board may confirm said
990resolution as so modified or amended and may thereafter proceed
991accordingly.  The sustaining of such objections and the rescinding
992of such resolutions shall not exhaust the power of said board
993under this section but, at any time not less than 1 year after the
994date of the hearing upon any such resolution, the board of
995supervisors may adopt other resolutions under this section and
996thereupon proceed on due notice in like manner as above.  If said
997board of supervisors shall overrule or refuse to sustain any such
998objections in whole or in part made by a landowner in the
999district, or if any such landowner shall deem himself or herself
1000aggrieved by any action of the board of supervisors in respect to
1001any objections so filed, such landowner may, within 10 days after
1002the ruling of said board, file his or her bill of complaint in the
1003Circuit Court in and for Broward County, against said district,
1004praying an injunction or other appropriate relief against the
1005action or any part of such action proposed by such resolution or
1006resolutions of said board and, such suits shall be conducted like
1007other suits, except that said suits shall have preference over all
1008other pending actions except criminal actions and writs of habeas
1009corpus.  Upon the hearing of said cause said circuit court shall
1010have the power to hear the objections and receive the evidence
1011thereon of all parties to such cause and approve or disapprove
1012said resolutions and action of said board in whole or in part, and
1013to render such decree in such cause as right and justice require.
1014 When said resolutions creating said unit system shall be
1015confirmed by the board of supervisors or by the Circuit Court in
1016and for Broward County if such proposed action shall be challenged
1017by a landowner by the judicial proceedings hereinabove authorized,
1018said board of supervisors may adopt a plan or plans of reclamation
1019for and in respect to any or all such units and have the benefits
1020and the damages resulting therefrom assessed and apportioned by
1021commissioners appointed by the circuit court, and have the report
1022of the said commissioners considered and confirmed, all in like
1023manner as is provided by law in regard to plans of reclamation for
1024and assessments for benefits and damages of, the entire district.
1025 With respect to plan of reclamation, notices, appointment of
1026commissioners to assess benefits and damages, report of
1027commissioners, and notice and confirmation thereof, the levy of
1028assessments and taxes, including maintenance taxes, and the
1029issuance of bonds and all other proceedings as to each and all of
1030such units, said board shall follow and comply with the same
1031procedure as is provided by law with respect to the entire
1032district, and said board of supervisors shall have the same powers
1033in respect to each and all of such units as is vested in them with
1034respect to the entire district.  All the provisions of this act
1035shall apply to the drainage, reclamation, and improvement of each,
1036any, and all of such units, and the enumeration of or reference to
1037specific powers or duties of the supervisors of any other officers
1038or other matters in this act as hereinabove set forth, shall not
1039limit or restrict the application of any and all of the
1040proceedings and powers herein to the drainage and reclamation of
1041such units as fully and completely as if such unit or units were
1042specifically and expressly named in every section and clause of
1043this act where the entire district is mentioned or referred to.
1044All assessments, levies, taxes, bonds, and other obligations made,
1045levied, assessed, or issued for or in respect to any such unit or
1046units shall be a lien and charge solely and only upon the lands in
1047such units, respectively, for the benefit of which the same shall
1048be levied, made, or issued, and not upon the remaining units or
1049lands in said district.  The board of supervisors may at any time
1050amend its said resolutions by changing the location and
1051description of lands in any such unit or units; and provided,
1052further, that if the location of or description of lands located
1053in any such unit or units is so changed, notice of such change
1054shall be published as hereinabove required in this section for
1055notice of the formation or organization of such unit or units, and
1056all proceedings shall be had and done in that regard as are
1057provided in this section for the original creation of such unit or
1058units, provided, however, that no lands against which benefits
1059shall have been assessed may be detached from any such unit after
1060the confirmation of the commissioners? report of benefits in such
1061unit or units or the issuance of bonds or other obligations which
1062are payable from taxes or assessments for benefits levied upon the
1063lands within such unit or units.
1064     (2)  Provided, however, that if, after the confirmation of
1065the commissioners? report of benefits in such unit or units, or
1066the issuance of bonds or other obligations which are payable from
1067taxes or assessments for benefits levied upon lands within such
1068unit or units, the board of supervisors finds the plan of
1069reclamation for any such unit or units insufficient or inadequate
1070for efficient development, the plan of reclamation may be amended
1071or changed as provided in chapter 298, Florida Statutes, and the
1072unit or units may be amended or changed as provided in this
1073section, by changing the location and description of lands in any
1074such unit or units, by detaching lands therefrom or by adding land
1075thereto, upon the approval of at least 51 percent of the
1076landowners according to acreage, in any such unit and 75 percent
1077of the holders of bonds issued in respect to any such unit, and
1078provided that in such event all assessments, levies, taxes, bonds,
1079and other obligations made, levied, assessed, incurred, or issued
1080for or in respect to any such unit or units may be allocated and
1081apportioned to the amended unit or units in proportion to the
1082benefits assessed by the commissioners? report for the amended
1083plan of reclamation and said report shall specifically provide for
1084such allocation and apportionment.  The landowners and all
1085bondholders shall file their approval of or objections to such
1086amended plan of reclamation in accordance with section 298.301,
1087Florida Statutes, and shall file their approval of or objections
1088to the amendment of such unit as provided in this section.
1089     (3)  No lands shall be detached from any unit after the
1090issuance of bonds or other obligations for such unit except upon
1091the consent of 75 percent of all the holders of such bonds or
1092other obligations.  In the event of the change of the boundaries
1093of any unit as provided herein and the allocation and
1094apportionment to the amended unit or units of assessments, levies,
1095taxes, bonds, and other obligations in proportion to the benefits
1096assessed by the commissioners? report for the amended plan of
1097reclamation, the holder of bonds or other obligations heretofore
1098issued for the original unit who consents to such allocations and
1099apportionment shall be entitled to all rights and remedies against
1100any lands added to the amended unit or units as fully and to the
1101same extent as if such added lands had formed and constituted a
1102part of the original unit or units at the time of the original
1103issuance of such bonds or other obligations, regardless of whether
1104the holder of such bonds or other obligations is the original
1105holder thereof or the holder from time to time hereafter, and the
1106rights and remedies of such holder against the lands in the
1107amended unit or units, including any lands added thereto, under
1108such allocation and apportionment, shall constitute vested and
1109irrevocable rights and remedies to the holder from time to time of
1110such bonds or other obligations as fully and to the same extent as
1111if such bonds or other obligations had been originally issued to
1112finance the improvements in such amended unit or units under such
1113amended plan of reclamation.
1114     Section 19.  Severability.--In case any one or more of the
1115sections or provisions of this act or the application of such
1116sections or provisions to any situation, circumstances, or person
1117shall for any reason be held to be unconstitutional, such
1118unconstitutionality shall not affect any other sections or
1119provisions of this act or the application of such sections or
1120provisions to any other situation, circumstances, or person, and
1121it is intended that this law shall be construed and applied as if
1122such section or provision had not been included herein for any
1123unconstitutional application.
1124     Section 20.  Notice of intention.--It is found and determined
1125that notice of intention to apply for this legislation was given
1126in the time, form, and manner required by the Florida Constitution
1127and by law. Said notice is found to be sufficient and is hereby
1128validated and approved.
1129     Section 4.  This act shall take effect upon becoming a law.


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