| 1 | A bill to be entitled |
| 2 | An act relating to the North Lauderdale Water Control |
| 3 | District, Broward County; amending, reenacting, repealing, |
| 4 | and codifying chapters 97-370, 94-428, 85-385, 82-273, and |
| 5 | 63-661, Laws of Florida, relating to the North Lauderdale |
| 6 | Water Control District; revising district boundaries; |
| 7 | revising the powers of the district, to provide that the |
| 8 | district may borrow money at a rate not exceeding that |
| 9 | which is provided by law; providing that the members of the |
| 10 | board of supervisors shall be the "city commission," rather |
| 11 | than the "city council," of the City of North Lauderdale |
| 12 | and that a board chair and vice chair shall be elected at |
| 13 | each annual meeting and as necessary to fill vacancies; |
| 14 | providing meeting notice requirements and requiring that |
| 15 | meetings be held at a public place; providing that the City |
| 16 | Clerk of the City of North Lauderdale shall serve as the |
| 17 | district secretary; providing for reimbursement of |
| 18 | supervisors for travel expenses pursuant to section |
| 19 | 112.061, Florida Statutes; providing that the interest rate |
| 20 | on bonds issued by the board not exceed the maximum rate |
| 21 | allowed by law; providing that the interest rates on tax |
| 22 | anticipation notes issued by the board shall not exceed the |
| 23 | maximum rate allowed by law; deleting provision relating to |
| 24 | payment of taxes not authorized in advance; providing for |
| 25 | the use of non-ad valorem assessments; updating references |
| 26 | to chapter 298, Florida Statutes; providing for |
| 27 | severability; and providing an effective date. |
| 28 |
|
| 29 | Be It Enacted by the Legislature of the State of Florida: |
| 30 |
|
| 31 | Section 1. Pursuant to section 189.429, Florida Statutes, |
| 32 | this act constitutes a codification of all special acts relating |
| 33 | to the dependent special district known as the North Lauderdale |
| 34 | Water Control District. It is the intent of the Legislature in |
| 35 | enacting this law to provide a single, comprehensive special act |
| 36 | charter for the district, including all current legislative |
| 37 | authority granted to the district by its several legislative |
| 38 | enactments and any additional authority granted by this act. |
| 39 | Section 2. Chapters 63-661, 82-273, 85-385, 94-428, and 97- |
| 40 | 370, Laws of Florida, are codified, reenacted, amended, and |
| 41 | repealed as herein provided. |
| 42 | Section 3. The North Lauderdale Water Control District is |
| 43 | re-created and reenacted to read: |
| 44 | Section 1. District created and boundaries thereof.--That |
| 45 | for the purpose of reclaiming, draining, and conserving the lands |
| 46 | hereinafter described, and protecting said lands from the effects |
| 47 | of water by means of the construction and maintenance of canals, |
| 48 | ditches, levies, dikes, pumping plants, and other drainage works |
| 49 | and improvements, and for the purpose of making the lands within |
| 50 | said district available and habitable for settlement and |
| 51 | agriculture and for the public convenience, welfare, utility, and |
| 52 | benefit, and for the other purposes stated in this act, a drainage |
| 53 | district is hereby established in Broward County, to be known as |
| 54 | the "North Lauderdale Water Control District," a drainage |
| 55 | district, the territorial boundaries of which are to-wit: |
| 56 |
|
| 57 | The City of North Lauderdale, being a portion of |
| 58 | Sections 1,2,3,10,11 and 12, of Township 49 South, |
| 59 | Range 41 East, of Section 34, of Township 48 South |
| 60 | Range 41 East, and a portion of Section 6 and 7 of |
| 61 | Township 49 South, Range 41 East. All in Broward |
| 62 | County, Florida, being more particularly described as |
| 63 | follows: |
| 64 | BEGIN at the Southwest corner of Section 35; |
| 65 | Township 48 South, Range 41 East; |
| 66 | THENCE N 89( 50?31? E along the South line of |
| 67 | Section 35, Township 48 South, same being the North |
| 68 | line of Section 2, Township 49 South, Range 41 East, |
| 69 | distance of 4233.31 feet to the Northeast corner of |
| 70 | said Section 1, Township 49 South, Range 41 East; |
| 71 | THENCE S 01( 40?11? E along the East line of said |
| 72 | Section 1 a distance of 2268.50 feet to the South line |
| 73 | of a 80? canal right-of-way as shown on KIMBERLY |
| 74 | FOREST, according to the plat thereof, as recorded in |
| 75 | Plat Book 68, Page 31 of the Public Records of Broward |
| 76 | County, Florida; |
| 77 | THENCE N 89( 39?55? E along said South right-of- |
| 78 | way line a distance of 2586.31 feet to the East right- |
| 79 | of-way line of Southwest 64th Terrace, a 60.00 foot |
| 80 | right-of-way as shown on KIMBERLY VILLAGE- Section 3, |
| 81 | according to the plat thereof, as recorded in Plat |
| 82 | Book of, Page 13 of the Public Records of Broward |
| 83 | County, Florida; |
| 84 | THENCE S 01( 40?52? E along said East right-of-way |
| 85 | line a distance of 657.68 feet to the Northwest corner |
| 86 | of Lot 14, Block 17, of KIMBERLY VILLAGE- Section Two |
| 87 | according to the plat thereof as recorded in Plat Book |
| 88 | 66, Page 6 of the Public Records of Broward County, |
| 89 | Florida; |
| 90 | THENCE N 89( 37?08? East along the North line of |
| 91 | said KIMBERLY VILLAGE-Section Two and along the North |
| 92 | line of KIMBERLY VILLAGE-Section 1 according to the |
| 93 | Plat thereof, as recorded in Plat Book 65, Page 16 of |
| 94 | the Public Records of Broward County, Florida and the |
| 95 | Easterly prolongation thereof of 2562.16 feet to a |
| 96 | point on the right-of-way line of State Road Number 7, |
| 97 | a 100.00 foot (1/2) right-of-way as shown on KELLY |
| 98 | PLAT, according to the plat thereof as recorded in |
| 99 | Plat Book 136, Page 39 of the Public Records of |
| 100 | Broward 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 |
| 104 | line a distance of 351.72 feet; |
| 105 | THENCE N 88(16?28? E a distance of 180.28 feet to |
| 106 | a point on the West right-of-way line of State Road |
| 107 | Number 7, a 80 foot more or less (1/2) right-of-way as |
| 108 | shown on SERINO PARK, Section 3, according to the Plat |
| 109 | thereof, as recorded in Plat Book 81, Page 46 of the |
| 110 | Public Records of Broward County, Florida; |
| 111 | THENCE S 01(36?29? E along said right-of-way line |
| 112 | a distance of 1524.08 feet to the South right-of-way |
| 113 | line of S.W. 11th Street a 50.00 right-of-way as shown |
| 114 | on HERITAGE PINES, according to the plat thereof, as |
| 115 | recorded in Plat Book 99, Page 10 of the Public |
| 116 | Records of Broward County, Florida; |
| 117 | THENCE N 89(22?00? E along said South right-of-way |
| 118 | line a distance of 335.91 feet; |
| 119 | THENCE S 01(42?30? E a distance of 712.89 feet to |
| 120 | a point on the South line of OAKLAND HILLS 7th Section, |
| 121 | according to the plat thereof as recorded in Plat Book |
| 122 | 81, Page 30 of the Public Records of Broward County, |
| 123 | Florida, said point also being the North right-of-way |
| 124 | line of an unnamed 20 right-of-way being a part of THE |
| 125 | PALM BEACH FARMS COUNTY PLAT NO. 3 according to the |
| 126 | plat thereof, as recorded in Plat Book 2, Pages 45-54 |
| 127 | of the Public Records of Palm Beach County, Florida. |
| 128 | THENCE N 89(21?59? E along the South line of said |
| 129 | OAKLAND HILLS 7th Section and the North line of said |
| 130 | unnamed right-of-way a distance of 1107.78 feet to the |
| 131 | West line of said OAKLAND HILLS 7th Section; |
| 132 | THENCE N 01(11?43? E along said West line a distance of |
| 133 | 713.33 feet to the previously described South right- |
| 134 | of-way line of S.W. 11th Street; |
| 135 | THENCE N 89(21?59? E along said South right-of-way |
| 136 | line a distance of 1219.85 feet to a point on the West |
| 137 | right-of-way line of a 25.00 un-named right-of-way as |
| 138 | shown on said PALM BEACH FARMS COUNTY, Plat No. 3 |
| 139 | THENCE S 00(56?19? E along said right-of-way line and |
| 140 | along the East line of Parcel B OUR LADY QUEEN OF |
| 141 | HEAVEN CEMETERY PLAT according to the Plat thereof, as |
| 142 | recorded in Plat Book 152, Page 21 of the Public |
| 143 | Records of Broward County, Florida a distance of |
| 144 | 1539.82 feet to a point on the Westerly right-of-way |
| 145 | line of the SUNSHINE STATE PARKWAY as shown on said |
| 146 | OUR LADY QUEEN OF HEAVEN CEMETERY PLAT; |
| 147 | THENCE S 04(20?47? E a distance of 495.04 feet to |
| 148 | a point on the East right-of-way line of said SUNSHINE |
| 149 | STREET said point being the Northeast corner of |
| 150 | MARINERS COVE, according to the Plat thereof, as |
| 151 | recorded in Plat Book 147, Page 44 of the Public |
| 152 | records of Broward County, Florida; |
| 153 | THENCE S 00(56?05? E along the East line of said |
| 154 | MARINERS COVE. a distance of 2276.59 feet to the |
| 155 | Southeast corner of said MARINERS COVE; |
| 156 | THENCE N 88(58?55? W along the South, line of said |
| 157 | MARINERS COVE a distance of 1349.57 feet to the |
| 158 | Northerly right-of-way line of Northwest 62nd Street, |
| 159 | as shown on said MARINERS COVE; |
| 160 | THENCE S 89(45?09? W a distance of 307.79 feet to |
| 161 | a point on the Southerly right-of-way line of |
| 162 | THENCE S 89(30?45? W a distance of 79.68 feet to a |
| 163 | point on the Easterly right-of-way line of said |
| 164 | SUNSHINE STATE PARKWAY, as shown on said MARINERS |
| 165 | COVE; |
| 166 | THENCE S 89(18?13? W a distance of 382.37 feet to |
| 167 | a point on the Westerly right-of-way line of the said |
| 168 | point also being the Northeast corner of The Cummings |
| 169 | Plat No. 1 according to the Plat thereof, as recorded |
| 170 | in Plat Book 126, Page 35 of the Public Records of |
| 171 | Broward County, Florida; |
| 172 | THENCE S 36(59?06? W along the Easterly line of |
| 173 | said THE CUMMINGS PLAT NO. 1, and along said Westerly |
| 174 | right-of-way line a distance of 956.81 feet to a point |
| 175 | on the Easterly right-of-way line of State Road 7 as |
| 176 | shown on said THE CUMMINGS PLAT NO. 1, and projected |
| 177 | Southerly; |
| 178 | THENCE S 89(33?52? W a distance of 117.29 feet to |
| 179 | a point on the West right-of-way line of State Road 7, |
| 180 | as shown on Bailey Road Plaza according to the Plat |
| 181 | thereof, as recorded in Plat Book 86, Page 1 of the |
| 182 | Public Records of Broward County, Florida and |
| 183 | projected Northerly; |
| 184 | THENCE N 01(41?42? W along said Westerly right-of- |
| 185 | way line a distance of 2152.83 feet to a point on the |
| 186 | Southerly right-of-way line of McNab Road being on the |
| 187 | arc of a non-tangent curve concave to the Southwest, a |
| 188 | radial line of said curve through said point having a |
| 189 | bearing of N 57(05?20? E, |
| 190 | THENCE Northwesterly and Westerly along the arc |
| 191 | of said curve to the left, having a central angle of |
| 192 | 47(07?44? and a radius of 975.00 feet for an arc |
| 193 | distance of 801.99 feet to a point on a non-tangent |
| 194 | line, said line being 35.00 feet South of and parallel |
| 195 | to the North Line of Section 12, Township 49, South,, |
| 196 | Range 41 East; |
| 197 | THENCE S 89(23?29? W along said parallel line and |
| 198 | continuing along the South right-of-way line of McNab |
| 199 | Road (Southwest 15th Street) PER BROADVIEW COUNTRY CLUB |
| 200 | ESTATES, according to the Plat thereof, as recorded in |
| 201 | Plat Book 44, Page 31 of the Public Records of Broward |
| 202 | County, Florida a distance of 1805.38 feet; |
| 203 | THENCE S 89(42?10? W, continue along said right- |
| 204 | of-way line, a distance of 2405.94 feet; |
| 205 | THENCE S 01(31?23? E a distance of 2588.98 feet to |
| 206 | a point on the South line of the North one-half (N1/2) |
| 207 | of Section 12, Township 49 South, Range 41 East, said |
| 208 | line also being the centerline of Bailey Road a 50.00 |
| 209 | foot (1/2) right-of-way, as shown on SPRINGBANK PARK, |
| 210 | according to the Plat thereof, as recorded in Plat |
| 211 | Book 63, Page 47 of the Public Records of Broward |
| 212 | County, Florida. |
| 213 | THENCE S 89(31?43? W along said centerline a |
| 214 | distance of 188.48 feet to the East one-quarter (E1/4) |
| 215 | corner of Section 11, Township 49 South, Range 41 |
| 216 | East; |
| 217 | THENCE S 01(23?15? E a distance of 50.11 feet to a |
| 218 | point on the Southerly right-of-way line of Bailey |
| 219 | Road; |
| 220 | THENCE S 89(31?14? W along said Southerly right- |
| 221 | of-way line a distance of 3954.25 feet to a point on |
| 222 | the centerline of Northwest 61st Avenue, 60.00 un-named |
| 223 | right-of-way as shown on BANYAN LAKES according to the |
| 224 | Plat thereof, as recorded in Plat Book 102, Page 18 of |
| 225 | the Public records of Broward County, Florida; |
| 226 | THENCE N 01(12?41? W along said centerline a |
| 227 | distance of 49.96 feet to the previously described |
| 228 | centerline of Bailey Road. |
| 229 | THENCE S 89(30?59? W along said centerline a |
| 230 | distance of 1318.70 feet to the West line of said |
| 231 | Section 11; |
| 232 | THENCE S 01(27?35? E along said Section line, a |
| 233 | distance of 1323.04 feet to the Northeast corner of |
| 234 | The MAINLANDS OF TAMARAC LAKES EIGHTH SECTION |
| 235 | according to the Plat thereof, as recorded in Plat |
| 236 | Book 67, Page 35 of the Public Records of Broward |
| 237 | County, Florida; |
| 238 | THENCE S 89(31?30? W along the North line of said |
| 239 | MAINLANDS OF TAMARAC SECTION EIGHT, a distance of |
| 240 | 1320.00 feet to the Southeast corner of The MAINLANDS |
| 241 | OF TAMARAC LAKES TENTH SECTION, according to the Plat |
| 242 | thereof. As recorded in Plat Book 68, Page 36 of the |
| 243 | Public Records of Broward County, Florida; |
| 244 | THENCE N 01(27?23? W along the East line of said |
| 245 | MAINLANDS OF TAMARAC LAKES TENTH SECTION, a distance |
| 246 | of 1320.00 feet to the Northeast corner of said plat; |
| 247 | THENCE S 89(31?30? W along the North line of said |
| 248 | MAINLANDS OF TAMARAC LAKES TENTH SECTION, a distance |
| 249 | of 1320.00 feet to the Southeast corner of The |
| 250 | Mainlands of Tamarac Lakes Unit Fifteen according to |
| 251 | the plat thereof, as recorded in Plat Book 71, Page 3 |
| 252 | of the Public Records of Broward County, Florida; |
| 253 | THENCE N 01(27?23? W along the East line of said |
| 254 | MAINLANDS OF TAMARAC LAKES UNIT FIFTEEN a distance of |
| 255 | 2642.99 feet to the North line of Section 10 said LINE |
| 256 | BEING 15.00 feet South of and parallel with the North |
| 257 | right-of-way line of McNab Road as shown on said Plat; |
| 258 | THENCE N 89(31?07? E along said North line a |
| 259 | distance of 1320.00 feet to the East line of McNab |
| 260 | Commercial Subdivision No. 1 plat (71-13); |
| 261 | THENCE N 01(40?37? W along said east line a |
| 262 | distance of 7231.05 feet to the South line of Section |
| 263 | 34; |
| 264 | THENCE S 89(52?23? E along said South line a |
| 265 | distance of 158.14 feet; |
| 266 | THENCE N 01(15?23? W a distance of 535.22 feet to |
| 267 | the Southerly right-of-way line of the South Florida |
| 268 | Water Management District Canal C-14 (Pompano Canal) |
| 269 | per North Lauderdale Village Section Five plat (109- |
| 270 | 25); |
| 271 | THENCE N 88(59?53? E along said Southerly right- |
| 272 | of-way line a distance of 2257.64 feet to the East |
| 273 | line of Section 34; |
| 274 | THENCE S 01( 08?20? E a distance of 574.37 feet to |
| 275 | the POINT OF BEGINNING; |
| 276 | PLUS: |
| 277 | Portions of Sections 13 and 13, Township 49, |
| 278 | South, Range 41 East, Broward County, Florida; |
| 279 | Together with portions of Sections 7 and 18, Township |
| 280 | 49 South, Range 42 East Broward County, Florida; |
| 281 | Together with portions of Tracts 4, 8, 9, and 16, |
| 282 | "FORT LAUDERDALE TRUCK FARMS" according to the Public |
| 283 | Records of Broward County, Florida; Together with a |
| 284 | portion of Tract 10, Block 96, "PALM BEACH FARMS CO. |
| 285 | PLAT NO. 3", Plat Book 2, Page 54, Palm Beach County |
| 286 | Records; Together with all of the following plats |
| 287 | recorded in the Public Records of Broward County, |
| 288 | Florida, "BROADVIEW COUNTRY CLUB ESTATES", Plat Book |
| 289 | 44, Page 31, "BROADVIEW COUNTRY CLUB ESTATES, 1st |
| 290 | ADDITION", Plat Book 46, Page 4, "BROADVIEW COUNTRY |
| 291 | CLUB ESTATES, 2ND ADDITION", Plat Book 47, Page 22, |
| 292 | ?BROADVIEW COUNTRY CLUB ESTATES, 3RD ADDITION?, Plat |
| 293 | Book 47, Page 41, "BROADVIEW COUNTRY CLUB ESTATES, 4TH |
| 294 | ADDITION", Plat Book 48, Page 5, "BROADVIEW COUNTRY |
| 295 | CLUB ESTATES, 5TH ADDITION", Plat Book 48, Page 25, |
| 296 | "BROADVIEW COUNTRY CLUB ESTATES, 6TH ADDITION", Plat |
| 297 | Book 51, Page 49, "BROADVIEW COUNTRY CLUB ESTATES, 7TH |
| 298 | ADDITION", Plat Book 51, PAGE 50, "POMPANO PARK |
| 299 | SECTION 1", Plat Book 52, Page 7, "POMPANO PARK |
| 300 | SECTION 2", Plat Book 54, Page 12, "POMPANO PARK |
| 301 | SECTION 3", Plat Book 55, Page 20, "BROADVIEW COUNTRY |
| 302 | CLUB ESTATES, 9TH ADDITION", Plat Book 56, Page 3, |
| 303 | "BROADVIEW COUNTRY CLUB ESTATES, 11TH ADDITION", Plat |
| 304 | Book 56, Page 28, "BROADVIEW COUNTRY CLUB ESTATES, |
| 305 | 12TH ADDITION", Plat Book 57, Page 18, "BROADVIEW |
| 306 | COUNTRY CLUB ESTATES, 14TH ADDITION", Plat Book 58 |
| 307 | Page 18, "BROADVIEW COUNTRY CLUB ESTATES, 15TH |
| 308 | ADDITION", Plat Book 62, Page 35, "PERRY'S ADDITION |
| 309 | TO BROADVIEW COUNTRY CLUB ESTATES", Plat Book 62, Page |
| 310 | 43, "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 |
| 315 | PLAZA", Plat Book 86, Page 1, "STAPLES COMMERCIAL |
| 316 | PLAT", Plat Book 93, Page 2, "CONTINENTAL PLAZA", Plat |
| 317 | Book 96, Page 14, "ZACKOWITZ PLAT", Plat Book 100, |
| 318 | Page 38, ?DARGEL-MINNET PLAT?, Plat Book 104, Page 16, |
| 319 | "GUARDIAN PLAT", Plat Book 111, Page 50, "TAMARAC MINI |
| 320 | STORAGE PLAT No. 1" PLAT BOOK 112, Page 2, "WELLENS |
| 321 | COMMERCIAL", Plat Book 115, Page 44, "PLAZA SEVEN |
| 322 | SUBDIVISION", Plat Book 117, PAGE 24, "THE POINT", |
| 323 | Plat Book 119, Page 28, "K.M.R. PLAT", Plat Book 127, |
| 324 | Page 4, "ANDY PLAT", Plat Book 127, Page 16, "CENTRUM- |
| 325 | ROBAINA PLAT", Plat Book 127, Page 27, "HIDDEN LAKE |
| 326 | ESTATES", Plat Book 144, Page 46, and the "WILEY |
| 327 | PLAT", Plat Book 168, Page 29, said portions being |
| 328 | more particularly described as follows: |
| 329 | Beginning at the intersection of a line lying |
| 330 | 170.00 feet East of the West line of said Section 12, |
| 331 | and the North line of said Section 12; said line also |
| 332 | being the municipal limits of North Lauderdale per |
| 333 | Chapter 83-475, House Bill No. 926, Laws of Florida; |
| 334 | THENCE along said North line and said Municipal Limits |
| 335 | line, South 88?55'02" East, 5,098.96 feet to an |
| 336 | intersection with a point on a line lying 15 feet West |
| 337 | of and parallel with the East Line of the Northeast |
| 338 | Quarter (N.E. 1/4) of said Section 12; |
| 339 | THENCE along said parallel line, and said |
| 340 | Municipal Limits line South 00?00'00" East, 2,644.43 |
| 341 | feet; |
| 342 | THENCE South 00?00'03" East 98.89 feet to a point |
| 343 | on the Westerly right of way of Florida's Turnpike; |
| 344 | THENCE North 37?42'49" East along said Westerly |
| 345 | right of way and said Municipal Limits line to the |
| 346 | Northerly prolongation of the West line of Tract 7, |
| 347 | Block 96 of said PALM BEACH FARMS CO. Plat No. 3; |
| 348 | THENCE South 00?01?14? East along the said |
| 349 | Northerly prolongation and along the East right of way |
| 350 | line of State Road 7 said line also being the |
| 351 | Municipal Limits of Fort Lauderdale as per Chapter 69- |
| 352 | 1057 House Bill 2628 of the Laws of Florida and City |
| 353 | of Ft. Lauderdale Ordinance No. C-00-71 to the North |
| 354 | right-of-way line of Prospect Road, as shown on the |
| 355 | State of Florida Department of Transportation right- |
| 356 | of-way map Section 86100-2501 Sheet 7 (Latest Date |
| 357 | 4/17/95); |
| 358 | THENCE easterly along said North right-of-way |
| 359 | line, to a POINT OF INTERSECTION with a line lying |
| 360 | 249.00 feet East of and parallel with the East right- |
| 361 | of-way line of said State Road 7; |
| 362 | THENCE Southerly along said line to an |
| 363 | intersection with the south line of the aforesaid |
| 364 | Tract 10; |
| 365 | THENCE along said South line, 987.82 feet to an |
| 366 | intersection with the Northerly Extension of the |
| 367 | Westerly line of "LINPRO LONESTAR PARK", according to |
| 368 | the plat thereof as recorded in Plat Book 124, Page |
| 369 | 12, of the Public Records of Broward County, Florida; |
| 370 | THENCE South 00?07'30" East, along said Westerly |
| 371 | line and the Westerly line of "PROSPECT INDUSTRIAL AND |
| 372 | COMMERCIAL PARK" according to the plat thereof as |
| 373 | recorded in Plat Book 14, Page 17, of the Public |
| 374 | Records of Broward County, Florida, said line also |
| 375 | being the Municipal Limits of Fort Lauderdale per |
| 376 | Ordinance C-72-22, 2,059.89 feet to the South line of |
| 377 | said PROSPECT INDUSTRIAL AND COMMERCIAL PARK Plat; |
| 378 | THENCE easterly along the said South line and |
| 379 | said Municipal Limits line, South 88?20'25" East, |
| 380 | 1,323.66 feet to an intersection with the West Line of |
| 381 | the East Half (E. 1/2) of said Section 18; |
| 382 | THENCE Southerly along said West line, and said |
| 383 | Municipal Limits line, South 00?11'46" East, 1,120.59 |
| 384 | feet to an intersection with the North right-of-way |
| 385 | line of Commercial Boulevard (N.W. 50th Street); |
| 386 | THENCE along said North right of way line, said |
| 387 | line also being the Municipal Limits of Tamarac per |
| 388 | Ordinance 0-81-17, said line also being the south |
| 389 | lines of said ?GUARDIAN PLAT?, said ?KMR PLAT? and |
| 390 | said ?THE POINT PLAT?, to a line 861.25 feet West of |
| 391 | the East Boundary of the Southwest Quarter (S.W. 1/4) |
| 392 | of said Section 18; |
| 393 | THENCE along said Municipal Limits line the |
| 394 | following Two (2) Courses; (1) THENCE North |
| 395 | 00?29?16? West along said line said line also being |
| 396 | the East line "TAMARAC BUSINESS CENTER? according to |
| 397 | the plat thereof, as recorded in Plat Book 61, Page 27 |
| 398 | of the Public Records of Broward county, Florida |
| 399 | 446.72 feet (2) THENCE along the North line of said |
| 400 | Plat, North 88?29'17" West, 462.40 feet to an |
| 401 | intersection with the Southerly Extension of the |
| 402 | Westerly line of said "TAMARAC MINI STORAGE PLAT NO. |
| 403 | 1"; |
| 404 | THENCE along the Municipal Limits of Fort |
| 405 | Lauderdale per Ordinance C-73-4 the following Three |
| 406 | (3) Courses, and along said Southerly Extension of |
| 407 | said Westerly line and the Westerly line of said |
| 408 | ?TAMARAC MINI STORAGE PLAT NO. 1?, (1) North |
| 409 | 00?07'30" West, 660.26 feet to the Northeast Corner of |
| 410 | "LEDER COMMERCIAL SUBDIVISION", according to the Plat |
| 411 | thereof as recorded in Plat Book 79, Page 25 of the |
| 412 | Public Records of Broward County, Florida; (2) THENCE |
| 413 | along the North line of said "LEDER COMMERCIAL |
| 414 | SUBDIVISION" Plat, North 88?33'38" West, 1,271.42 feet |
| 415 | to the East right of way line of State Road 7; (3) |
| 416 | THENCE along said East right of way line, South |
| 417 | 00?00'30" East, 658.62 feet to the South line of the |
| 418 | Northwest Quarter (N.W. 1/4) of said Section 18; |
| 419 | THENCE along the Municipal Limits of Tamarac, per |
| 420 | Ordinance 0-81-17, the following Nine (9) Courses; |
| 421 | (1) THENCE North 88?29'17" West 153 feet along said |
| 422 | South line and the Westerly prolongation thereof to |
| 423 | the West right of way line of State Road 7; (2) |
| 424 | THENCE Northerly along said West right of way line to |
| 425 | an intersection with the South line of the Southeast |
| 426 | Quarter of Section 12, Township 49 South, Range 41 |
| 427 | East; (3) THENCE along said South line, North |
| 428 | 88?57'06" West 1,220 feet, more or less, to the |
| 429 | intersection with the West line of said Tract 16 and |
| 430 | the Southerly extension of the West line of said |
| 431 | "POMPANO PARK" Plat; (4) THENCE along said West |
| 432 | line, said line also being the East line of Tract 15 |
| 433 | of said FT. LAUDERDALE TRUCK FARMS Plat, North |
| 434 | 00?02'53" West, 1,320.05 feet to the Southeast Corner |
| 435 | of said "POMPANO PARK SECTION 1" PLAT; (5) THENCE |
| 436 | along the South line of the aforesaid "POMPANO PARK |
| 437 | SECTION 1" Plat and the South line of said Tract 10, |
| 438 | North 88?57'12" West, 1,153.35 feet to a POINT OF |
| 439 | INTERSECTION with the line lying 165.83 feet East of |
| 440 | the West line of said Tract 10; (6) THENCE Northerly |
| 441 | along said line 163.73 feet; (7) THENCE Westerly |
| 442 | along a line 163.73 feet North of the South line of |
| 443 | said Tract 10, 165.83 feet to a Point on the West line |
| 444 | of said Tract 10; (8) THENCE along the West line of |
| 445 | said Tract 10, North 01?03'51" East, 1,155.20 feet to |
| 446 | an intersection with the South line of the North (N |
| 447 | 1/2) of said Section 12; (9) THENCE along said South |
| 448 | line, North 88?56'09" West 2,470.48 feet to a POINT OF |
| 449 | INTERSECTION with said line lying 170.00 feet East of |
| 450 | and parallel with the West line of said Section 12; |
| 451 | THENCE along said parallel line said line also |
| 452 | being the Municipal Limits of the City of North |
| 453 | Lauderdale per Chapter 83-475 House Bill 926 Laws of |
| 454 | Florida, North 00?00'05" East, 2,646.09 feet to the |
| 455 | POINT OF BEGINNING. Together with all of the "ANDY |
| 456 | PLAT" Plat Book 127, Page 16 of the Public Records of |
| 457 | Broward County, Florida, and a portion of Section 18, |
| 458 | Township 49 south, Range 42 East, more particularly |
| 459 | described as follows: |
| 460 | Begin at the Northwest Corner of said "ANDY |
| 461 | PLAT"; |
| 462 | THENCE along the North line of said Plat and |
| 463 | Easterly prolongation thereof, said line also being |
| 464 | the Municipal Limits of Tamarac per Ordinance 0-81-17, |
| 465 | South 88?32'02" East, 130.09 feet; |
| 466 | THENCE South 00?08'24" East along the Municipal |
| 467 | Limits of Oakland Park per Chapter 79-458 House Bill |
| 468 | 1498, Laws of Florida, 426.14 feet; |
| 469 | THENCE along the South line of said "ANDY PLAT" |
| 470 | and Easterly prolongation thereof, said line also |
| 471 | being the Municipal Limits of Lauderdale Lakes per |
| 472 | Chapter 84-463, House Bill 1082, Laws of Florida, |
| 473 | 130.09 feet; |
| 474 | THENCE along the West line of said Plat, said |
| 475 | line also being the Municipal Limits of Lauderdale |
| 476 | Lakes per Ordinance 87-10, North 00?08'24" West, |
| 477 | 426.14 feet to the POINT OF BEGINNING. Together with: |
| 478 | all of the "CONTINENTAL PLAZA", Plat Book 96, Page 14 |
| 479 | of the Public Records of Broward County, Florida, and |
| 480 | a portion of Section 18, Township 49 South, Range 42 |
| 481 | East, more particularly described as follows: |
| 482 | BEGIN at the Northwest Corner of said CONTINENTAL |
| 483 | PLAZA; |
| 484 | THENCE along the North line of said Plat and |
| 485 | Easterly prolongation thereof, said line also being |
| 486 | the Municipal Limits of Tamarac per Ordinance 0-81-17, |
| 487 | South 88?32'02" East, 299.77 feet; |
| 488 | THENCE along the West line of CARVEL CORPORATION |
| 489 | PLAT, per Plat Book 123, Page 17, of the Public |
| 490 | Records of Broward County, Florida, said line also |
| 491 | being the Municipal Limits of Lauderdale Lakes per |
| 492 | Ordinance 87-10, South 00?11'09" East, 426.14 Feet; |
| 493 | THENCE along the south line of said CONTINENTAL |
| 494 | PLAZA Plat and the Easterly prolongation thereof said |
| 495 | line also being the Municipal Limits of Lauderdale |
| 496 | Lakes per Chapter 84-463, House Bill 1082, Laws of |
| 497 | Florida, North 88?32'02" West, 299.43 feet; |
| 498 | THENCE along the west line of said Plat, said |
| 499 | line also being the Municipal Limits of Tamarac per |
| 500 | Ordinance 0-81-7, North 00?11'09" West, 426.15 feet to |
| 501 | the POINT OF BEGINNING. |
| 502 | LESS THEREFROM: that portion of the City of Ft. |
| 503 | Lauderdale as per Ordinance C-73-4 lying in Section |
| 504 | 18, Township 49, Range 42 East, Broward County, |
| 505 | Florida, being more particularly described as follows: |
| 506 | BEGINNING at the Northwest corner of the South |
| 507 | half (S 1/2) of the Southeast one (S.E. 1/4) of the |
| 508 | Northwest One Quarter (N.W. 1/4) of Section 18, |
| 509 | Township 49 South, Range 42 East; |
| 510 | THENCE North 00?07?30? West along the Extension |
| 511 | of the West line of the South half (S 1/2) of the |
| 512 | Southeast One Quarter (N.W. 1/4), a distance of 15.00 |
| 513 | feet; |
| 514 | THENCE North 88?33?38? West, a distance of 10.00 |
| 515 | feet; |
| 516 | THENCE South 00?07?30? East, 10.00 feet West of |
| 517 | and parallel to the said West line of the South half |
| 518 | (S 1/2) of the Southeast One Quarter (S.E. 1/4) of |
| 519 | the Northwest One Quarter (N.W. 1/4), a distance of |
| 520 | 33.33 feet; |
| 521 | THENCE South 88?33?38? East, a distance of 10.00 |
| 522 | feet to a point on the West line of said South half (S |
| 523 | 1/2) of the Southeast One Quarter (S.E. 1/4) of the |
| 524 | Northwest One Quarter (N.W. 1/4); |
| 525 | THENCE North 00?07?30? West, along the said West |
| 526 | line of the South half (S 1/2) of the Southeast One |
| 527 | Quarter (S.E. 1/4) of the Northwest One Quarter (N.W. |
| 528 | 1/4), a distance of 18.33 feet to the POINT OF |
| 529 | BEGINNING. |
| 530 | Said lands situate and lying in Broward County, |
| 531 | Florida. |
| 532 |
|
| 533 | It is hereby determined, declared, and enacted that said lands in |
| 534 | their present condition are wet and subject to overflow and that |
| 535 | the drainage, reclamation, and protection of said lands from the |
| 536 | effects of water is in the interest of and conducive to the public |
| 537 | welfare, health, and convenience. |
| 538 | Section 2. Provisions of chapter 298, Florida Statutes, made |
| 539 | applicable.--A public corporation and a political subdivision of |
| 540 | the state is hereby created under the name and style of "North |
| 541 | Lauderdale Water Control District." The provisions of the general |
| 542 | drainage laws of Florida applicable to drainage districts which |
| 543 | are embodied in chapter 298, Florida Statutes, and all the laws |
| 544 | amendatory thereof, now existing or hereinafter enacted so far as |
| 545 | not inconsistent with this act, are hereby declared to be |
| 546 | applicable to said North Lauderdale Water Control District. Said |
| 547 | North Lauderdale Water Control District shall have all the powers |
| 548 | and authorities mentioned in or conferred by said chapter 298, |
| 549 | Florida Statutes, and acts amendatory thereof, except as herein |
| 550 | otherwise provided. |
| 551 | Section 3. Powers of the district.--Said district shall have |
| 552 | the power to sue and be sued by its name in any court of law or in |
| 553 | equity; to make contracts; to adopt and use a corporate seal and |
| 554 | to alter the same at pleasure; to acquire by purchase, gift, or |
| 555 | condemnation, real and personal property, either or both, within |
| 556 | or without the district, and to convey and dispose of such real |
| 557 | and personal property as may be necessary and convenient to carry |
| 558 | out the purposes, or any of the purposes, of this act and chapter |
| 559 | 298, Florida Statutes; to construct, operate, and maintain canals, |
| 560 | ditches, drains, levees, dikes, and other works for drainage |
| 561 | purposes; to acquire, purchase, operate, and maintain pumps, |
| 562 | plants, and pumping systems for drainage purposes; to construct, |
| 563 | operate, and maintain irrigation works, machinery, and plants; to |
| 564 | construct, improve, pave, and maintain roadways and roads |
| 565 | necessary and convenient for the exercise of the powers or duties |
| 566 | or any of the powers or duties of said district or the supervisors |
| 567 | thereof; to pump water into and out of canals, ditches, drains, |
| 568 | and other works of the district, or onto or from the lands in said |
| 569 | district, and to regulate and control the flow of water into and |
| 570 | out of said district; in maintaining and operating canals, drains, |
| 571 | levees, dikes, dams, locks, reservoirs, pumping stations, and |
| 572 | water control structures, the board of supervisors and its agents |
| 573 | and employees shall have the authority to enter at all reasonable |
| 574 | times upon the lands adjacent to any such drainage works in order |
| 575 | to transport and use men and women, equipment, machinery, and |
| 576 | materials necessary to properly maintain, preserve, and operate |
| 577 | such drainage works and in furtherance of the purposes and intent |
| 578 | of this act and chapter 298, Florida Statutes, to construct, |
| 579 | improve, and pave roadways and roads necessary and convenient to |
| 580 | provide access to, and efficient development of, areas made |
| 581 | suitable and available for cultivation, settlement, and other |
| 582 | beneficial use and development as a result of the drainage and |
| 583 | reclamation operations of the district; to borrow money and issue |
| 584 | negotiable or other bonds of said district as hereinafter |
| 585 | provided; to borrow money from time to time, and issue negotiable |
| 586 | or other notes of said district therefor, bearing interest not |
| 587 | exceeding the rate prescribed by Florida general or special law, |
| 588 | in anticipation of the collection of taxes, levies, and |
| 589 | assessments or revenues of said district and to pledge or |
| 590 | hypothecate such taxes, levies, assessments, and revenues to |
| 591 | secure such bonds, notes, or obligations, and to sell, discount, |
| 592 | negotiate, and dispose of the same; and to exercise all other |
| 593 | powers necessary, convenient, or proper in connection with any of |
| 594 | the powers or duties of said district stated in this act or |
| 595 | chapter 298, Florida Statutes. The powers and duties of said |
| 596 | district shall be exercised by and through the board of |
| 597 | supervisors thereof, which board shall have the authority to |
| 598 | employ engineers, attorneys, agents, employees, and |
| 599 | representatives as the board of supervisors may from time to time |
| 600 | determine and to fix their compensation and duties. |
| 601 | Section 4. Board of supervisors; organization; powers, |
| 602 | duties, and terms of office.--There is hereby created a Board of |
| 603 | Supervisors of North Lauderdale Water Control District, which |
| 604 | shall be the governing body of said district. The members of the |
| 605 | board of supervisors of said district shall be composed of five |
| 606 | members, who shall be the five sitting members of the City |
| 607 | Commission of the City of North Lauderdale. The city commission |
| 608 | shall continue all of the duties, functions, and responsibilities |
| 609 | under this act of the supervisors of the district after this act |
| 610 | becomes law. |
| 611 | (1) The term of office of each member of the board of |
| 612 | supervisors shall be coincidental with that member's term of |
| 613 | office as a member of the city commission. The members shall |
| 614 | assume full duties as a member of the board of supervisors once he |
| 615 | or she takes the oath of office as a member of the city |
| 616 | commission. |
| 617 | (2) Terms of office for the board of supervisors shall be |
| 618 | concurrent with the length of time the commission member is in |
| 619 | office. |
| 620 | (3) An annual meeting of the board of supervisors shall be |
| 621 | held during the first week of June and otherwise in accordance |
| 622 | with this act. At the annual meeting of the board of supervisors |
| 623 | and as necessary to fill a vacancy, the board shall elect, from |
| 624 | its members, a chair and a vice chair, who shall serve in said |
| 625 | positions until the next annual meeting or expiration of his or |
| 626 | her term, whichever occurs first. |
| 627 | Section 5. Meetings of board of supervisors.--The board of |
| 628 | supervisors shall have the power to call special meetings at any |
| 629 | time to receive reports or consider and act upon any matter. |
| 630 | Notice of all meetings shall be given by the board of supervisors |
| 631 | by causing publication thereof to be made once at least 5 days |
| 632 | prior to such meeting in some newspaper published in Broward |
| 633 | County or by sending sufficient notice through the mail to each |
| 634 | landowner. In cases of emergency as determined by a majority of |
| 635 | the board, this notice requirement may be waived. The meetings |
| 636 | shall be held in some public place, and the place, day, and hour |
| 637 | of holding such meeting shall be stated in the notice. The chair |
| 638 | of the board of supervisors shall preside at such meeting. The |
| 639 | City Clerk of the City of North Lauderdale shall serve as |
| 640 | secretary of the board of supervisors and shall serve as the |
| 641 | secretary at the meeting. The Board of Supervisors of the North |
| 642 | Lauderdale Water Control District shall meet not less than 4 times |
| 643 | per year to conduct the business of the district as provided for |
| 644 | in this act. |
| 645 | Section 6. Compensation of the board.--Each supervisor shall |
| 646 | serve without compensation, except that he or she shall be |
| 647 | reimbursed for their travel expenses pursuant to section 112.061, |
| 648 | Florida Statutes, as may be amended from time to time, for each |
| 649 | mile actually traveled in going to and from his or her place of |
| 650 | residence to the place of meeting. |
| 651 | Section 7. Taxes and assessments, levied and apportioned, |
| 652 | and the collection thereof.--Taxes and non-ad valorem assessments |
| 653 | shall be levied and apportioned as provided for by the general |
| 654 | drainage and water control laws of Florida, chapter 298, Florida |
| 655 | Statutes, and amendments thereto, and the general or special laws |
| 656 | of the state; except that the following provisions shall apply to |
| 657 | said district: the board of supervisors shall determine, order, |
| 658 | and levy the amount of the annual taxes or non-ad valorem |
| 659 | assessments levied under chapter 298, Florida Statutes, which |
| 660 | shall become due and be collected during each year at the same |
| 661 | time that county taxes are due and collected, which said annual |
| 662 | tax, assessment, and levy shall be evidenced to and certified by |
| 663 | the said board, no later than July 1 of each year, to the Tax |
| 664 | Assessor of Broward County. Said tax or assessment shall be |
| 665 | extended by the county tax assessor on the county tax roll and |
| 666 | shall be collected by the tax collector in the same manner and |
| 667 | time as county taxes, and the proceeds thereof paid to said |
| 668 | district. |
| 669 | Section 8. Maintenance tax.--The provisions of section |
| 670 | 298.54, Florida Statutes, and amendments thereto shall not be |
| 671 | applicable to said district. In lieu thereof, the following |
| 672 | provisions shall apply to said district: to maintain and preserve |
| 673 | the improvements made pursuant to this chapter and to repair and |
| 674 | restore the same, when needed, and for the purpose of defraying |
| 675 | the current expenses of the district, the board of supervisors, |
| 676 | may, upon completion of said improvements in whole or in part as |
| 677 | may be certified to the said board by the chief engineer, levy |
| 678 | annually a tax upon each tract or parcel of land within the |
| 679 | district, to be known as ?maintenance tax.? Said maintenance tax |
| 680 | shall be apportioned upon the basis of the net non-ad valorem |
| 681 | assessments of benefits assessed as accruing for original |
| 682 | construction, and shall be evidenced to and certified by said |
| 683 | board not later than July 1 of each year to the Tax Assessor of |
| 684 | Broward County, and shall be extended by the county tax assessor |
| 685 | on the county tax roll, and shall be collected by the county tax |
| 686 | collector in the same manner and time as county taxes and the |
| 687 | proceeds therefrom paid to the said district. Said tax shall be a |
| 688 | lien until paid on the property upon which assessed, and |
| 689 | enforceable in like manner as county taxes. |
| 690 | Section 9. Levy of taxes and assessments on fractional |
| 691 | acres.--In levying and assessing all taxes and assessments, each |
| 692 | tract or parcel of land more than 1 acre in area which contains a |
| 693 | fraction of an acre shall be assessed at the nearest whole number |
| 694 | of acres. However, each tract or parcel of land less than 1 acre |
| 695 | in area shall be assessed as a full acre. |
| 696 | Section 10. Enforcement of taxes and assessments.--The |
| 697 | collection and enforcement of all taxes and assessments levied by |
| 698 | said district shall be at the same time and in like manner as the |
| 699 | county. The provisions of the Florida Statutes relating to the |
| 700 | sale of lands for unpaid and delinquent county taxes and |
| 701 | assessments, the issuance, sale, and delivery of tax certificates |
| 702 | for such unpaid and delinquent county taxes, the redemption |
| 703 | thereof, the issuance to individuals of tax deeds based thereon, |
| 704 | and all other procedures in connection therewith shall be |
| 705 | applicable to said district and the delinquent and unpaid taxes |
| 706 | and assessments of said district to the same extent as if said |
| 707 | statutory provisions were expressly set forth in this act. All |
| 708 | taxes and assessments shall be subject to the same discounts as |
| 709 | county taxes. |
| 710 | Section 11. When unpaid tax or assessment is delinquent; |
| 711 | penalty.--All taxes provided for in this act shall be and become |
| 712 | delinquent and bear penalties in the amount of said taxes in the |
| 713 | same manner as county taxes. Assessments provided for in this act |
| 714 | and authorized in chapter 298, Florida Statutes, shall be and |
| 715 | become delinquent and bear penalties and interest at the highest |
| 716 | rate authorized by Florida general or special law, or as otherwise |
| 717 | provided in district legislation imposing the assessment. |
| 718 | Section 12. Bonds may be issued; sale and disposition of |
| 719 | proceeds; interest; levy to pay bonds; bonds and duties of |
| 720 | treasurer, etc.?- |
| 721 | (1) The board of supervisors may, if in their judgment it |
| 722 | seems best, issue bonds not to exceed 90 percent of the total |
| 723 | amount of the taxes levied under the provisions of section |
| 724 | 298.305, Florida Statutes, in denominations of not less than $100, |
| 725 | bearing interest from the date of issuance at a rate as provided |
| 726 | by general law, payable annually or semiannually, to mature at |
| 727 | annual intervals within 40 years commencing after a period of not |
| 728 | later than 10 years, to be determined by the board of supervisors; |
| 729 | both principal and interest payable at some convenient place |
| 730 | designated by the board of supervisors to be named in said bonds; |
| 731 | and said bonds shall be signed by the chair of the board of |
| 732 | supervisors, attested with the seal of said district, and by the |
| 733 | signature of the secretary of said board. All of said bonds shall |
| 734 | be executed and delivered to the treasurer of said district, who |
| 735 | shall sell the same in such quantities and at such dates as the |
| 736 | board of supervisors may deem necessary to meet the payments for |
| 737 | the works and improvements in the district. Said bonds shall not |
| 738 | be sold for less than 90 cents on the dollar, with accrued |
| 739 | interest, shall show on their face the purpose for which they are |
| 740 | issued, and shall be payable out of moneys derived from the |
| 741 | aforesaid taxes. A sufficient amount of the drainage tax shall be |
| 742 | appropriated by the board of supervisors for the purpose of paying |
| 743 | the principal and interest of said bonds and the same shall, when |
| 744 | collected, be preserved in a separate fund for that purpose and no |
| 745 | other. All bonds and coupons not paid at maturity shall bear |
| 746 | interest at the rate of 6 percent per annum from maturity until |
| 747 | paid, or until sufficient funds have been deposited at the place |
| 748 | of payment, and said interest shall be appropriated by the board |
| 749 | of supervisors out of the penalties and interest collected on |
| 750 | delinquent taxes or other available funds of the district. |
| 751 | Provided, however, that it may, in the discretion of said board, |
| 752 | be provided that at any time, after such date as shall be fixed by |
| 753 | the said board, said bonds may be redeemed before maturity at the |
| 754 | option of said board, or their successors in office, by being made |
| 755 | callable prior to maturity at such times and upon such prices and |
| 756 | terms and other conditions as said board shall determine. If any |
| 757 | bond so issued subject to redemption before maturity shall not be |
| 758 | presented when called for redemption, it shall cease to bear |
| 759 | interest from and after the date so fixed for redemption. |
| 760 | (2) The board of supervisors of said district shall have |
| 761 | authority to issue refunding bonds to take up any outstanding |
| 762 | bonds and any interest accrued thereon when, in the judgment of |
| 763 | said board, it shall be for the best interest of said district to |
| 764 | do so. The said board is hereby authorized and empowered to issue |
| 765 | refunding bonds to take up and refund all bonds of said district |
| 766 | outstanding that are subject to call and prior redemption, and all |
| 767 | interest accrued to the date of such call or prior redemption, and |
| 768 | all bonds of said district that are not subject to call or |
| 769 | redemption, together with all accrued interest thereon, where the |
| 770 | surrender of said bonds can be procured from the holders thereof |
| 771 | at prices satisfactory to the board or can be exchanged for such |
| 772 | outstanding bonds with the consent of the holder thereof. Such |
| 773 | refunding bonds may be issued at any time when, in the judgment of |
| 774 | said board, it will be to the interest of the district financially |
| 775 | or economically to secure a lower rate of interest on said bonds |
| 776 | or by extending the time of maturity of said bonds, or for any |
| 777 | other reason in the judgment of said board advantageous to said |
| 778 | district. Such refunding bonds may mature at any time or times in |
| 779 | the discretion of said board, not later, however, than 40 years |
| 780 | from the date of issuance of said refunding bonds. Said refunding |
| 781 | bonds shall bear such dates of issue and such other details as |
| 782 | said board shall determine and may, in the discretion of said |
| 783 | board, be made callable prior to maturity at such times and upon |
| 784 | such prices and terms and other conditions as said board shall |
| 785 | determine. All the other applicable provisions of this act not |
| 786 | inconsistent therewith shall apply fully to said refunding bonds |
| 787 | and the holders thereof shall have all the rights, remedies, and |
| 788 | security of the outstanding bonds refunded, except as may be |
| 789 | otherwise provided in the resolution of the board authorizing the |
| 790 | issuance of such refunding bonds. Any funds available in the |
| 791 | sinking fund for the payment of the principal and interest of |
| 792 | outstanding bonds may be retained in the fund to be used for the |
| 793 | payment of principal and interest of the refunding bonds, in the |
| 794 | discretion of the board of supervisors. Any expenses incurred in |
| 795 | buying any or all bonds authorized under the provisions of this |
| 796 | section and the interest thereon and a reasonable compensation for |
| 797 | paying same shall be paid out of the funds in the hands of the |
| 798 | treasurer and collected for the purpose of meeting the expenses of |
| 799 | administration. It shall be the duty of the said board of |
| 800 | supervisors in making the annual tax levy as heretofore provided |
| 801 | to take into account the maturing bonds and interest on all bonds |
| 802 | and expenses and to make provision in advance for the payment of |
| 803 | same. |
| 804 | (3) In case the proceeds of the original tax levy made under |
| 805 | the provisions of section 298.36, Florida Statutes, are not |
| 806 | sufficient to pay the principal and interest of all bonds issued, |
| 807 | then the board of supervisors shall make such additional levy or |
| 808 | levies upon the benefits assessed as are necessary for this |
| 809 | purpose, and under no circumstances shall any tax levies be made |
| 810 | that will in any manner or to any extent impair the security of |
| 811 | said bonds or the funds available for the payment of the principal |
| 812 | and interest of same. Said treasurer shall, at the time of the |
| 813 | receipt by him or her of said bonds, execute and deliver to the |
| 814 | chair of the board of said district a bond with good and |
| 815 | sufficient surety to be approved by said board, on the condition |
| 816 | that he or she shall account for and pay over as required by law |
| 817 | and as ordered by said board of supervisors, any and all moneys |
| 818 | received by him or her on the sale of such bonds, or any of them, |
| 819 | and that he or she will only sell and deliver such bonds to the |
| 820 | purchaser or purchasers thereof under and according to the terms |
| 821 | herein prescribed, and that he or she will return to the board of |
| 822 | supervisors and duly cancel any and all bonds not sold when |
| 823 | ordered by said board to do so. Said bonds when so returned shall |
| 824 | remain in the custody of the chair of the board of supervisors, |
| 825 | who shall produce the same for inspection or for use as evidence |
| 826 | whenever and wherever legally requested so to do. The said |
| 827 | treasurer shall promptly report all sales of bonds to the board of |
| 828 | supervisors. The board shall, at a reasonable time thereafter, |
| 829 | prepare and issue warrants in substantially the form provided in |
| 830 | section 298.17, Florida Statutes, for the payment of maturing |
| 831 | bonds so sold and the interest payments coming due on all bonds |
| 832 | sold. Each of said warrants shall specify what bonds and accruing |
| 833 | interest it is to pay, and the treasurer shall place sufficient |
| 834 | funds at the place of payment to pay the maturing bonds and |
| 835 | coupons when due, together with necessary compensation for paying |
| 836 | same. The successor in office of any such treasurer shall not be |
| 837 | entitled to said bonds or the proceeds thereof until he or she |
| 838 | shall have complied with all of the foregoing provisions |
| 839 | applicable to his or her predecessor in office. The aforesaid bond |
| 840 | of said treasurer, if said board shall so direct, may be furnished |
| 841 | by a surety or bonding company, which may be approved by said |
| 842 | board of supervisors; provided, if it should be deemed more |
| 843 | expedient to said board of supervisors as to money derived from |
| 844 | the sale of bonds issued, said board may, by resolution, select |
| 845 | some suitable bank or banks of other depository as temporary |
| 846 | treasurer or treasurers to hold and disburse said moneys upon the |
| 847 | order of said board as the work progresses, until such fund is |
| 848 | exhausted or transferred to the treasurer by order of said board |
| 849 | of supervisors. The funds derived from the sale of said bonds or |
| 850 | any of them shall be used for the purpose of paying the cost of |
| 851 | the drainage works and improvements, and such costs, fees, |
| 852 | expenses, and salaries as may be authorized by law, and used for |
| 853 | no other purpose. |
| 854 | Section 13. Full authority for issue and sale of bonds |
| 855 | authorized.-- |
| 856 | (1) This act shall, without reference to any other act of |
| 857 | the Legislature, be full authority for the issuance and sale of |
| 858 | bonds authorized in this act, which bonds shall have all the |
| 859 | qualities of negotiable paper under the law merchant and shall not |
| 860 | be invalid for any irregularity or defect in the proceedings for |
| 861 | the issuance and sale thereof and shall be incontestable in the |
| 862 | hands of bona fide purchasers or holders thereof. No proceedings |
| 863 | in respect to the issuance of any such bonds shall be necessary, |
| 864 | except such as are required by this act. The provisions of this |
| 865 | act shall constitute an irrepealable contract between the said |
| 866 | board of supervisors and the said North Lauderdale Water Control |
| 867 | District and the holders of any bonds and the coupons thereof |
| 868 | issued pursuant to the provisions hereof. Any holder of any of |
| 869 | said bonds or coupons may, either in law or by equity, suit, |
| 870 | action, or mandamus, enforce and compel the performance of the |
| 871 | duties required by this act of any of the officers or persons |
| 872 | mentioned in this act in relation to the said bonds or to the |
| 873 | correct enforcement and application of the taxes for the payment |
| 874 | thereof. |
| 875 | (2) After the several bonds and coupons are paid and retired |
| 876 | as herein provided, they shall be returned to the treasurer, and |
| 877 | they shall be canceled and an appropriate record thereof made in a |
| 878 | book to be kept for that purpose, which record of paid and |
| 879 | canceled bonds shall be kept at the office of the treasurer and |
| 880 | shall be opened for inspection of any bondholder at any time. |
| 881 | Section 14. Approval of board of drainage commissioners not |
| 882 | required to issue bonds.--The board of supervisors may issue bonds |
| 883 | under the provisions of this act without the approval of the Board |
| 884 | of Drainage Commissioners of the state. |
| 885 | Section 15. Floating indebtedness.-- |
| 886 | (1) After the levy of taxes in any years, and before the |
| 887 | collection thereof, the board of supervisors shall have the power |
| 888 | to issue tax anticipation notes. Said notes shall bear interest |
| 889 | at a rate not exceeding the maximum rate allowed by general or |
| 890 | special law, shall be payable at such times, and may be sold or |
| 891 | discounted at such price or on such terms as the said board may |
| 892 | deem advisable, and the board may pledge the whole or any part of |
| 893 | the tax levy for the payment thereof. |
| 894 | (2) The board shall also have the right to issue temporary |
| 895 | obligations or interim certificates after the issuance of any |
| 896 | bonds authorized under this act but, prior to the sale thereof, |
| 897 | said temporary obligations and interim certificates shall be paid |
| 898 | within 2 years from the proceeds of the sale of said bonds. |
| 899 | (3) Said temporary obligations and interim certificates |
| 900 | shall have all the rights and privileges of the permanent |
| 901 | bondholders. |
| 902 | (4) The tax anticipation notes, temporary obligations, and |
| 903 | interim certificates shall be termed ?floating indebtedness? in |
| 904 | order to distinguish the same from the bonded debt as provided for |
| 905 | herein. |
| 906 | Section 16. Eminent domain.--The said board of supervisors |
| 907 | is hereby authorized and empowered to exercise the right of |
| 908 | eminent domain and may condemn for the use of said district any |
| 909 | and all lands, easements, rights-of-way, riparian rights, and |
| 910 | property rights of every description, in or out of said district, |
| 911 | required for the public purposes and powers of said board as |
| 912 | herein granted, and may enter upon, take, and use such lands as it |
| 913 | may deem necessary for such purposes. |
| 914 | Section 17. Water a common enemy.--It is hereby declared |
| 915 | that in said district surface waters, which shall include rainfall |
| 916 | and the overflow of rivers and streams, are a common enemy, and |
| 917 | the said district and any individual or agency holding a permit to |
| 918 | do so from said district, shall have the right to dike, dam, and |
| 919 | construct levies to protect the said district or any part thereof, |
| 920 | or the property of said individual or agency against the same, and |
| 921 | thereby divert the course and flow of such surface waters and/or |
| 922 | pump the water from within such dikes and levees. |
| 923 | Section 18. Unit development; powers of supervisors to |
| 924 | designate units of district and adopt system of progressive |
| 925 | drainage by units; plans of reclamation and financing assessments, |
| 926 | etc. for each unit.-- |
| 927 | (1) The Board of Supervisors of North Lauderdale Water |
| 928 | Control District shall have the power and is hereby authorized in |
| 929 | its discretion to drain and reclaim or more completely and |
| 930 | intensively to drain and reclaim the lands in said district by |
| 931 | designated areas or parts of said district to be called ?units.? |
| 932 | The units into which said district may be so divided shall be |
| 933 | given appropriate numbers or names by said board of supervisors, |
| 934 | so that said units may be readily identified and distinguished. |
| 935 | The board of supervisors shall have the power to fix and determine |
| 936 | the location, area, and boundaries of and lands to be included in |
| 937 | each and all such units, the order of development thereof, and the |
| 938 | method of carrying on the work in each unit. The unit system of |
| 939 | drainage provided by this section may be conducted and all of the |
| 940 | proceedings by this section and this act authorized in respect to |
| 941 | such unit or units may be carried on and conducted at the same |
| 942 | time as or after the work of draining and reclaiming of the entire |
| 943 | district has been or is being or shall be instituted or carried on |
| 944 | under the provisions of this act. If the board of supervisors |
| 945 | shall determine that it is advisable to conduct the work of |
| 946 | draining and reclaiming the lands in said district by units, as |
| 947 | authorized by this section, said board shall, by resolution duly |
| 948 | adopted and entered upon its minutes, declare its purpose to |
| 949 | conduct such work accordingly, and shall at the same time and |
| 950 | manner fix the number, location, and boundaries of and description |
| 951 | of lands within such unit or units and give them appropriate |
| 952 | numbers or names. As soon as practicable after the adoption and |
| 953 | recording of such resolution, said board of supervisors shall |
| 954 | publish notice once a week for 2 consecutive weeks in a newspaper |
| 955 | published in Broward County, or duly notify the landowners by |
| 956 | registered letter, briefly describing the units into which said |
| 957 | district has been divided and the lands embraced in each unit, |
| 958 | giving the name, number, or other designation of such units, |
| 959 | requiring all owners of lands in said district to show cause in |
| 960 | writing before said board of supervisors at a time and place to be |
| 961 | stated in such notice why such division of said district into such |
| 962 | units should not be approved, and said system of development by |
| 963 | units should not be adopted and given effect by said board, and |
| 964 | why the proceedings and powers authorized by this section of this |
| 965 | act should not be had, taken, and exercised. At the time and |
| 966 | place stated in said notice, said board of supervisors shall hear |
| 967 | all objections or causes of objection, all of which shall be in |
| 968 | writing, of any landowner in said district to the matters |
| 969 | mentioned and referred to in such notice, and if no objections are |
| 970 | made, or if objections are made, shall be overruled by said board, |
| 971 | then said board shall enter in its minutes its findings and order |
| 972 | confirming said resolution and may thereafter proceed with the |
| 973 | development, drainage, and reclamation of said district by units |
| 974 | pursuant to such resolution and to the provisions of this act. |
| 975 | If, however, said board of supervisors shall find as a result of |
| 976 | such objections, or any of them or the hearing thereon, that the |
| 977 | division of said district into such units as aforesaid should not |
| 978 | be approved, or that said system of development by units should |
| 979 | not be adopted and given effect, or that the proceedings and |
| 980 | powers authorized by this section should not be had, taken, or |
| 981 | exercised, or that any other matter or thing embraced in said |
| 982 | resolution would not be in the best interest of the landowners of |
| 983 | said district or would be unjust or unfair to any landowner |
| 984 | therein or otherwise inconsistent with fair and equal protection |
| 985 | and enforcement of the rights of every landowner in said district, |
| 986 | then said board of supervisors shall not proceed further under |
| 987 | such resolution, but said board of supervisors may, as a result of |
| 988 | such hearing, modify or amend said resolution so as to meet such |
| 989 | objections so made, and thereupon said board may confirm said |
| 990 | resolution as so modified or amended and may thereafter proceed |
| 991 | accordingly. The sustaining of such objections and the rescinding |
| 992 | of such resolutions shall not exhaust the power of said board |
| 993 | under this section but, at any time not less than 1 year after the |
| 994 | date of the hearing upon any such resolution, the board of |
| 995 | supervisors may adopt other resolutions under this section and |
| 996 | thereupon proceed on due notice in like manner as above. If said |
| 997 | board of supervisors shall overrule or refuse to sustain any such |
| 998 | objections in whole or in part made by a landowner in the |
| 999 | district, or if any such landowner shall deem himself or herself |
| 1000 | aggrieved by any action of the board of supervisors in respect to |
| 1001 | any objections so filed, such landowner may, within 10 days after |
| 1002 | the ruling of said board, file his or her bill of complaint in the |
| 1003 | Circuit Court in and for Broward County, against said district, |
| 1004 | praying an injunction or other appropriate relief against the |
| 1005 | action or any part of such action proposed by such resolution or |
| 1006 | resolutions of said board and, such suits shall be conducted like |
| 1007 | other suits, except that said suits shall have preference over all |
| 1008 | other pending actions except criminal actions and writs of habeas |
| 1009 | corpus. Upon the hearing of said cause said circuit court shall |
| 1010 | have the power to hear the objections and receive the evidence |
| 1011 | thereon of all parties to such cause and approve or disapprove |
| 1012 | said resolutions and action of said board in whole or in part, and |
| 1013 | to render such decree in such cause as right and justice require. |
| 1014 | When said resolutions creating said unit system shall be |
| 1015 | confirmed by the board of supervisors or by the Circuit Court in |
| 1016 | and for Broward County if such proposed action shall be challenged |
| 1017 | by a landowner by the judicial proceedings hereinabove authorized, |
| 1018 | said board of supervisors may adopt a plan or plans of reclamation |
| 1019 | for and in respect to any or all such units and have the benefits |
| 1020 | and the damages resulting therefrom assessed and apportioned by |
| 1021 | commissioners appointed by the circuit court, and have the report |
| 1022 | of the said commissioners considered and confirmed, all in like |
| 1023 | manner as is provided by law in regard to plans of reclamation for |
| 1024 | and assessments for benefits and damages of, the entire district. |
| 1025 | With respect to plan of reclamation, notices, appointment of |
| 1026 | commissioners to assess benefits and damages, report of |
| 1027 | commissioners, and notice and confirmation thereof, the levy of |
| 1028 | assessments and taxes, including maintenance taxes, and the |
| 1029 | issuance of bonds and all other proceedings as to each and all of |
| 1030 | such units, said board shall follow and comply with the same |
| 1031 | procedure as is provided by law with respect to the entire |
| 1032 | district, and said board of supervisors shall have the same powers |
| 1033 | in respect to each and all of such units as is vested in them with |
| 1034 | respect to the entire district. All the provisions of this act |
| 1035 | shall apply to the drainage, reclamation, and improvement of each, |
| 1036 | any, and all of such units, and the enumeration of or reference to |
| 1037 | specific powers or duties of the supervisors of any other officers |
| 1038 | or other matters in this act as hereinabove set forth, shall not |
| 1039 | limit or restrict the application of any and all of the |
| 1040 | proceedings and powers herein to the drainage and reclamation of |
| 1041 | such units as fully and completely as if such unit or units were |
| 1042 | specifically and expressly named in every section and clause of |
| 1043 | this act where the entire district is mentioned or referred to. |
| 1044 | All assessments, levies, taxes, bonds, and other obligations made, |
| 1045 | levied, assessed, or issued for or in respect to any such unit or |
| 1046 | units shall be a lien and charge solely and only upon the lands in |
| 1047 | such units, respectively, for the benefit of which the same shall |
| 1048 | be levied, made, or issued, and not upon the remaining units or |
| 1049 | lands in said district. The board of supervisors may at any time |
| 1050 | amend its said resolutions by changing the location and |
| 1051 | description of lands in any such unit or units; and provided, |
| 1052 | further, that if the location of or description of lands located |
| 1053 | in any such unit or units is so changed, notice of such change |
| 1054 | shall be published as hereinabove required in this section for |
| 1055 | notice of the formation or organization of such unit or units, and |
| 1056 | all proceedings shall be had and done in that regard as are |
| 1057 | provided in this section for the original creation of such unit or |
| 1058 | units, provided, however, that no lands against which benefits |
| 1059 | shall have been assessed may be detached from any such unit after |
| 1060 | the confirmation of the commissioners? report of benefits in such |
| 1061 | unit or units or the issuance of bonds or other obligations which |
| 1062 | are payable from taxes or assessments for benefits levied upon the |
| 1063 | lands within such unit or units. |
| 1064 | (2) Provided, however, that if, after the confirmation of |
| 1065 | the commissioners? report of benefits in such unit or units, or |
| 1066 | the issuance of bonds or other obligations which are payable from |
| 1067 | taxes or assessments for benefits levied upon lands within such |
| 1068 | unit or units, the board of supervisors finds the plan of |
| 1069 | reclamation for any such unit or units insufficient or inadequate |
| 1070 | for efficient development, the plan of reclamation may be amended |
| 1071 | or changed as provided in chapter 298, Florida Statutes, and the |
| 1072 | unit or units may be amended or changed as provided in this |
| 1073 | section, by changing the location and description of lands in any |
| 1074 | such unit or units, by detaching lands therefrom or by adding land |
| 1075 | thereto, upon the approval of at least 51 percent of the |
| 1076 | landowners according to acreage, in any such unit and 75 percent |
| 1077 | of the holders of bonds issued in respect to any such unit, and |
| 1078 | provided that in such event all assessments, levies, taxes, bonds, |
| 1079 | and other obligations made, levied, assessed, incurred, or issued |
| 1080 | for or in respect to any such unit or units may be allocated and |
| 1081 | apportioned to the amended unit or units in proportion to the |
| 1082 | benefits assessed by the commissioners? report for the amended |
| 1083 | plan of reclamation and said report shall specifically provide for |
| 1084 | such allocation and apportionment. The landowners and all |
| 1085 | bondholders shall file their approval of or objections to such |
| 1086 | amended plan of reclamation in accordance with section 298.301, |
| 1087 | Florida Statutes, and shall file their approval of or objections |
| 1088 | to the amendment of such unit as provided in this section. |
| 1089 | (3) No lands shall be detached from any unit after the |
| 1090 | issuance of bonds or other obligations for such unit except upon |
| 1091 | the consent of 75 percent of all the holders of such bonds or |
| 1092 | other obligations. In the event of the change of the boundaries |
| 1093 | of any unit as provided herein and the allocation and |
| 1094 | apportionment to the amended unit or units of assessments, levies, |
| 1095 | taxes, bonds, and other obligations in proportion to the benefits |
| 1096 | assessed by the commissioners? report for the amended plan of |
| 1097 | reclamation, the holder of bonds or other obligations heretofore |
| 1098 | issued for the original unit who consents to such allocations and |
| 1099 | apportionment shall be entitled to all rights and remedies against |
| 1100 | any lands added to the amended unit or units as fully and to the |
| 1101 | same extent as if such added lands had formed and constituted a |
| 1102 | part of the original unit or units at the time of the original |
| 1103 | issuance of such bonds or other obligations, regardless of whether |
| 1104 | the holder of such bonds or other obligations is the original |
| 1105 | holder thereof or the holder from time to time hereafter, and the |
| 1106 | rights and remedies of such holder against the lands in the |
| 1107 | amended unit or units, including any lands added thereto, under |
| 1108 | such allocation and apportionment, shall constitute vested and |
| 1109 | irrevocable rights and remedies to the holder from time to time of |
| 1110 | such bonds or other obligations as fully and to the same extent as |
| 1111 | if such bonds or other obligations had been originally issued to |
| 1112 | finance the improvements in such amended unit or units under such |
| 1113 | amended plan of reclamation. |
| 1114 | Section 19. Severability.--In case any one or more of the |
| 1115 | sections or provisions of this act or the application of such |
| 1116 | sections or provisions to any situation, circumstances, or person |
| 1117 | shall for any reason be held to be unconstitutional, such |
| 1118 | unconstitutionality shall not affect any other sections or |
| 1119 | provisions of this act or the application of such sections or |
| 1120 | provisions to any other situation, circumstances, or person, and |
| 1121 | it is intended that this law shall be construed and applied as if |
| 1122 | such section or provision had not been included herein for any |
| 1123 | unconstitutional application. |
| 1124 | Section 20. Notice of intention.--It is found and determined |
| 1125 | that notice of intention to apply for this legislation was given |
| 1126 | in the time, form, and manner required by the Florida Constitution |
| 1127 | and by law. Said notice is found to be sufficient and is hereby |
| 1128 | validated and approved. |
| 1129 | Section 4. This act shall take effect upon becoming a law. |