| 1 | A bill to be entitled |
| 2 | An act relating to the East County Water Control District, |
| 3 | Lee and Hendry Counties; amending chapter 2000-423, Laws |
| 4 | of Florida, as amended; changing the name of the district |
| 5 | to the Improvement District of Lehigh Acres; amending the |
| 6 | boundaries of the district; providing for a board of |
| 7 | commissioners in lieu of a board of supervisors; providing |
| 8 | that the board may provide water and sewer services and |
| 9 | levy non-ad valorem assessments or user fees; revising |
| 10 | meeting attendance requirements for commissioners; |
| 11 | providing penalties for unexcused absences from meetings; |
| 12 | providing for a referendum; providing an effective date. |
| 13 |
|
| 14 | Be It Enacted by the Legislature of the State of Florida: |
| 15 |
|
| 16 | Section 1. The charter of the East County Water Control |
| 17 | District, as codified in section 3 of chapter 2000-423, Laws of |
| 18 | Florida, as amended by chapters 2003-315, 2005-308, and 2006- |
| 19 | 319, Laws of Florida, is amended to read: |
| 20 | Section 1. Creation; Status; Charter amendments; District |
| 21 | boundaries.-- |
| 22 | (1) The decree of the circuit court in and for the twelfth |
| 23 | (12th) judicial circuit, Lee County, entered in chancery no. |
| 24 | 12,429 on May 5, 1958, created the East County Water Control |
| 25 | District, and the subsequent decree of the circuit court in and |
| 26 | for the twelfth (12th) judicial circuit, Lee County, extended |
| 27 | the boundaries of said District to include additional lands in |
| 28 | Lee County and Hendry County, said decree being entered in |
| 29 | chancery no. 12,429 on May 26, 1961, together with all |
| 30 | subsequent proceedings taken in said circuit court concerning |
| 31 | said District which were ratified, confirmed, and approved by |
| 32 | special act of the Legislature in 1963. The East County Water |
| 33 | Control District, hereinafter renamed the "Improvement District |
| 34 | of Lehigh Acres," is therefore declared to exist as an |
| 35 | independent special district. |
| 36 | (2) The boundaries of the District are hereby declared to |
| 37 | be as follows: |
| 38 | LANDS IN LEE COUNTY, FLORIDA |
| 39 | TOWNSHIP 43 SOUTH, RANGE 26 EAST |
| 40 | SECTION 25: |
| 41 | The following portions of Section 25; |
| 42 | The East 1/2 of the Northeast 1/4 of the Northeast |
| 43 | 1/4, together with |
| 44 | The Northeast 1/4 of the Southeast 1/4 of the |
| 45 | Northeast 1/4 |
| 46 | TOWNSHIP 43 SOUTH, RANGE 27 EAST |
| 47 | SECTION 19: |
| 48 | Commencing at the Southeast corner of Government Lot 5 |
| 49 | of said Section 19, said point also being the |
| 50 | Southeast Corner of the Southwest 1/4 South 1/4 |
| 51 | Section Corner of said Section 19; thence North 89° |
| 52 | 32' 09" West along the South line of said Section 19, |
| 53 | a distance of 941.17 941.16 feet to the POINT OF |
| 54 | BEGINNING, thence continuing along the south line of |
| 55 | said Section 19 a distance of 623.70 feet; thence |
| 56 | North 00°33' 48" West along the west line of lands |
| 57 | described in Book 4433, Page 952-953 of the Official |
| 58 | Records of Lee County, Florida a distance of 579.14 |
| 59 | feet to a point on the southerly right-of-way of the |
| 60 | Caloosahatchee River Canal; thence North 72° 41' 35" |
| 61 | East along said right-of-way a distance of 264.64 |
| 62 | feet; thence North 50°57' 38" East along said right-of |
| 63 | way a distance of 399.11 feet; thence North 84°04' 34" |
| 64 | East along said right-of-way a distance of 57.98 feet |
| 65 | to the northeast corner of lands described in Book |
| 66 | 3558, Page 3183-3185 of the Official Records of Lee |
| 67 | County, Florida; thence South 00° 33' 49" East along |
| 68 | the east line of said lands a distance of 920.30 feet |
| 69 | to the POINT OF BEGINNING and there terminate of this |
| 70 | description; thence North 00° 33' 49" West, a distance |
| 71 | of 961.01 feet to the Southerly United States |
| 72 | Government Easement line of the Caloosahatchee River; |
| 73 | thence continuing North 00° 33' 48" West, a distance |
| 74 | of 90 feet, more or less, to the Southerly waters edge |
| 75 | of the said Caloosahatchee River; thence Southwesterly |
| 76 | along the meanders of said Southerly waters edge of |
| 77 | the Caloosahatchee River, a distance of 780 feet, more |
| 78 | or less; thence South 00° 33' 48" East, a distance of |
| 79 | 50 feet, more or less, to the said Southerly United |
| 80 | States Government Easement line of the Caloosahatchee |
| 81 | River; thence continuing South 00° 33' 48" East, a |
| 82 | distance of 578.75 feet to the said South line of |
| 83 | Section 19; thence South 89° 32' 09" East along the |
| 84 | said South line of Section 19 to the POINT OF |
| 85 | BEGINNING, LESS the Easterly 35.80 feet of the above |
| 86 | described parcel. |
| 87 | SECTION 30: |
| 88 | The following portions of Section 30; |
| 89 | That portion of the West 1/2 of said Section 30 lying |
| 90 | North of State Road 80, LESS the West 118.40 feet |
| 91 | thereof. |
| 92 | That portion of the Northwest 1/4 of the Northeast 1/4 |
| 93 | of Section 30 lying North of State Road 80. |
| 94 | That portion of Section 30 lying South of the |
| 95 | Southerly Right-of-Way line of State Road 80, LESS the |
| 96 | West 200.00 feet of said Section 30 lying South of |
| 97 | Hickey's Creek, |
| 98 | AND LESS lots 18 thru 28, Lots 31 and 32, Lots 37 and |
| 99 | 38, Lots 41 thru 44 all as shown on Pine Creek Acres, |
| 100 | Unit No. 1 as recorded in Plat Book 10, Page 13 of the |
| 101 | Public Records of Lee County, Florida. |
| 102 | AND LESS Lot 1, Lots 23 and 24, Lots 27 and 28, the 50 |
| 103 | foot Right-of-Way for Dixie Lane and that portion of |
| 104 | the 50 foot Right-of-Way for Pine Boulevard lying |
| 105 | Easterly of a line connecting the Northeast corner of |
| 106 | Lot 92 with the Southeast corner of Lot 35 all as |
| 107 | shown on Pine Creek Acres, Unit No. 2 as recorded in |
| 108 | Plat Book 10, Page 74 of the said Public Records, |
| 109 | AND LESS the following described parcel; |
| 110 | BEGINNING at the Northeast corner of Pine Creek Acres, |
| 111 | Unit No. 1 as recorded in Plat Book 10, Page 13 of the |
| 112 | said Public Records; thence South 00° 56' 00" East |
| 113 | along the East line of said Pine Creek Acres, Unit No. |
| 114 | 1 and the Southerly projection thereof, a distance of |
| 115 | 223.86 feet; thence North 89° 35' 20" East, a distance |
| 116 | of 166.20 feet; thence North 00° 24' 40" West, a |
| 117 | distance of 203.00 feet to the said Southerly Right- |
| 118 | of-Way line of State Road 80; thence North 82° 54' 00" |
| 119 | West along the said Southerly Right-of-Way line of |
| 120 | State Road 80 to the POINT OF BEGINNING, |
| 121 | AND LESS the following described parcel; |
| 122 | Commencing at the said Northeast corner of Pine Creek |
| 123 | Acres, Unit No. 1; thence South 82° 54' 00" East along |
| 124 | the said Southerly Right-of-Way line of State Road 80, |
| 125 | a distance of 307.31 thence South 00° 56' 00" East |
| 126 | along the said East line of Pine Creek Acres, Unit No. |
| 127 | 1 and the Southerly projection thereof, a distance of |
| 128 | 223.86 feet; thence North 89° 35' 20" East, a distance |
| 129 | of 166.20 feet; thence North 00° 24' 40" West, a |
| 130 | distance of 203.00 feet to the said Southerly Right- |
| 131 | of-Way line of State Road 80, thence South 82° 54' 00" |
| 132 | East along the said Southerly Right-of-Way line of |
| 133 | State Road 80, a distance of 137.61 feet to the POINT |
| 134 | OF BEGINNING of this description; thence South 00° 24' |
| 135 | 40" East, a distance of 237.58 feet; thence North 89° |
| 136 | 35' 20" East, a distance of 209.19 feet; thence South |
| 137 | 00° 24' 40" East, a distance of 918.16 feet; thence |
| 138 | North 89° 35' 20" East, a distance of 420.00 feet; |
| 139 | thence North 00° 24" 40" West, a distance of 1069.39 |
| 140 | feet to the said Southerly Right-of-Way line of State |
| 141 | Road 80; thence Northwesterly along the said Southerly |
| 142 | Right-of-Way line of State Road 80 to the POINT OF |
| 143 | BEGINNING, |
| 144 | AND LESS the following described parcel; |
| 145 | BEGINNING at the intersection of the East line of the |
| 146 | Northwest 1/4 of the Northeast 1/4 of said Section 30 |
| 147 | and the said Southerly Right-of-Way line of State Road |
| 148 | 80; thence South 00° 24' 40" East along the East line |
| 149 | of the West 1/2 of the Northeast 1/4 of said Section |
| 150 | 30 to a point which is South 00° 24' 40" East, a |
| 151 | distance of 129.00 feet from the Northwest corner of |
| 152 | the Southeast 1/4 of the Northeast 1/4 of said Section |
| 153 | 30; thence South 89° 41' 55" East along a line |
| 154 | parallel with the North line of the said Southeast 1/4 |
| 155 | of the Northeast 1/4, a distance of 337.00 feet; |
| 156 | thence North 00° 24' 40" West to the said Southerly |
| 157 | Right-of-Way line of State Road 80; thence North 81° |
| 158 | 08' 00" West along the said Southerly Right-of-Way |
| 159 | line of State Road 80 to the POINT OF BEGINNING. |
| 160 | SECTION 31: |
| 161 | The following portions of Section 31; |
| 162 | The West 1/2, together with |
| 163 | The West 1/2 of the Southeast 1/4, together with |
| 164 | The Southeast 1/4 of the Southeast 1/4, together with |
| 165 | The Southwest 1/4 of the Northeast 1/4, together with |
| 166 | The Southwest 1/4 of the Northwest 1/4 of the |
| 167 | Northeast 1/4, together with |
| 168 | The Northeast 1/4 of the Northeast 1/4 of the |
| 169 | Northeast 1/4 |
| 170 | SECTION 36: |
| 171 | The East 1/2 of Section 36, LESS the Northwest 1/4 of |
| 172 | the Northeast 1/4 thereof. |
| 173 | TOWNSHIP 44 SOUTH, RANGE 26 EAST |
| 174 | SECTION 1-3: |
| 175 | All of Sections 1, 2 and 3. |
| 176 | SECTION 4: |
| 177 | The East 1/2 of Section 4. |
| 178 | SECTION 10: |
| 179 | The following portions of Section 10; |
| 180 | The East 1/2 of the Southeast 1/4, together with |
| 181 | The Northwest 1/4 of the Southeast 1/4. |
| 182 | SECTIONS 11-14: |
| 183 | All of Sections 11, 12, 13 and 14. |
| 184 | SECTION 15: |
| 185 | The East 1/2 of the East 1/2 of Section 15. |
| 186 | SECTION 16: |
| 187 | The following portions of Section 16; |
| 188 | All of Units 1 through 5 of "Lehigh Acres" as recorded |
| 189 | in Plat Book 27, Page 186 of the Public Records of Lee |
| 190 | County, Florida together with, |
| 191 | Lot 16, Block 36 of "Buckingham Park, Northwest |
| 192 | Section" as recorded in Plat Book 9, Page 92 of the |
| 193 | said Public Records. |
| 194 | SECTION 19: |
| 195 | The following portions of Section 19; |
| 196 | The Southeast 1/4, together with |
| 197 | That portion of the Northeast 1/4 of said Section 19 |
| 198 | lying South of Buckingham Road. |
| 199 | SECTION 20: |
| 200 | The following portions of Section 20; |
| 201 | The South 1/2, together with |
| 202 | That portion of the North 1/2 of said Section 20 lying |
| 203 | South of Buckingham Road. |
| 204 | SECTION 21: |
| 205 | The following portions of "Buckingham Park, South |
| 206 | Section" as recorded in Plat Book 9, Page 99 of the |
| 207 | said Public Records being in Section 21; |
| 208 | Lots 3 through 10 of Block 40, |
| 209 | Lots 1 and 3 of Block 38, |
| 210 | Lot 28 of Block 29, |
| 211 | The North 40 feet of Lot 29 of Block 29, |
| 212 | All of Tract "D", |
| 213 | All of Block "E" |
| 214 | together with, |
| 215 | the Re-subdivision of that portion of Block "E" of |
| 216 | said "Buckingham Park, South Section" as replatted on |
| 217 | "Plat of Unit 3 Lehigh Park, a Subdivision of Lehigh |
| 218 | Acres" as recorded in Plat Book 15, Page 66 of the |
| 219 | said Public Records, together with |
| 220 | That portion of said Section 21 lying Southwesterly of |
| 221 | the centerline of a 60 foot easement as described in |
| 222 | Miscellaneous Book 32, Page 335 of the said Public |
| 223 | Records. |
| 224 | SECTION 22: |
| 225 | That portion of Section 22 lying South and |
| 226 | Southwesterly of Homestead Road as shown on Plat of |
| 227 | "Buckingham Park Entrance Roads" as recorded in Plat |
| 228 | Book 9, Page 97 of the said Public Records. |
| 229 | SECTIONS 23-29: |
| 230 | All of Sections 23, 24, 25, 26, 27, 28 and 29. |
| 231 | SECTION 30: |
| 232 | The following portions of Section 30; |
| 233 | The South 1/2, together with |
| 234 | The Northeast 1/4, together with |
| 235 | The South 100 feet of the North 1/2 together with |
| 236 | The remainder of the Northeast 1/4. |
| 237 | SECTION 31: |
| 238 | That portion of said Section 31 lying Northeasterly of |
| 239 | State Road 82. |
| 240 | SECTIONS 32-36: |
| 241 | All of Sections 32, 33, 34, 35 and 36. |
| 242 | TOWNSHIP 44 SOUTH, RANGE 27 EAST |
| 243 | SECTION 1: |
| 244 | All of Section 1. |
| 245 | SECTION 2: |
| 246 | All of Section 2, LESS the Northwest 1/4 of the |
| 247 | Northwest 1/4 thereof. |
| 248 | SECTION 3: |
| 249 | All of Section 3, LESS the Northeast 1/4 thereof, |
| 250 | AND LESS the East 1/2 of the Northwest 1/4 thereof. |
| 251 | SECTIONS 4-6: |
| 252 | All of Sections 4, 5 and 6. |
| 253 | SECTION 7: |
| 254 | The following portions of Section 7; |
| 255 | The South 1/2, together with |
| 256 | The Northwest 1/4, together with |
| 257 | The Southwest 1/4 of the Northeast 1/4, together with |
| 258 | The North 1/2 of the Northeast 1/4, together with |
| 259 | The North 854 feet of the East 466 feet of the |
| 260 | Southeast 1/4 of the Northeast 1/4. |
| 261 | SECTION 8: |
| 262 | The following portions of Section 8; |
| 263 | The South 1/2, together with |
| 264 | The Northwest 1/4 of the Northeast 1/4, together with |
| 265 | The West 1/2 of the Northeast 1/4, together with |
| 266 | The East 3/4 of the Southeast 1/4 of the Northwest |
| 267 | 1/4. |
| 268 | SECTION 9: |
| 269 | All of said Section 9, LESS the Southwest 1/4 of the |
| 270 | Northeast 1/4 thereof. |
| 271 | SECTIONS 10-36: |
| 272 | All of Sections 10, 11, 12, 13, 14, 15, 16, 17, 18, |
| 273 | 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, |
| 274 | 32, 33, 34, 35 and 36. |
| 275 | TOWNSHIP 45 SOUTH, RANGE 26 EAST |
| 276 | SECTIONS 1-3: |
| 277 | All of Section 1, 2 and 3. |
| 278 | SECTION 4: |
| 279 | All that portion of Section 4 lying North of State |
| 280 | Road 82. |
| 281 | SECTION 5: |
| 282 | All that portion of Section 5 lying North of State |
| 283 | Road 82. |
| 284 | SECTION 6: |
| 285 | All that portion of Section 6 lying North of State |
| 286 | Road 82. |
| 287 | SECTION 9: |
| 288 | All that portion of Section 9 lying North of State |
| 289 | Road 82. |
| 290 | SECTION 10: |
| 291 | All that portion of Section 10 lying North of State |
| 292 | Road 82. |
| 293 | SECTION 11: |
| 294 | All that portion of Section 11 lying North of State |
| 295 | Road 82. |
| 296 | SECTION 12: |
| 297 | All of Section 12. |
| 298 | SECTION 13: |
| 299 | All that portion of Section 13 lying North of State |
| 300 | Road 82. |
| 301 | SECTION 14: |
| 302 | All that portion of Section 14 lying North of State |
| 303 | Road 82. |
| 304 | TOWNSHIP 45 SOUTH, RANGE 27 EAST |
| 305 | SECTIONS 1-3 : |
| 306 | All of Sections 1, 2 and 3. |
| 307 | SECTION 4: |
| 308 | All of Section 4, LESS the Southeast 1/4 of the |
| 309 | Southeast 1/4 thereof, |
| 310 | AND LESS the South 1/2 of the Northeast 1/4 of the |
| 311 | Southeast 1/4 of said Section 4. |
| 312 | AND LESS the South 1/2 of the Northeast 1/4 of the |
| 313 | Northeast 1/4 of the Southeast 1/4 of said Section 4, |
| 314 | AND LESS the Northwest 1/4 of the Northeast 1/4 of the |
| 315 | Southeast 1/4 of said Section 4. |
| 316 | SECTION 5: |
| 317 | The following portions of Section 5; |
| 318 | The Northwest 1/4, together with |
| 319 | The East 3/4 of the North 1/2 of the Southwest 1/4, |
| 320 | together with The South 1/2 of the Southwest 1/4, |
| 321 | together with |
| 322 | The Southwest 1/4 of the Southeast 1/4 LESS the South |
| 323 | 175 feet of the East 125 feet thereof, together with |
| 324 | The following described parcel being in the Northeast |
| 325 | 1/4 of the Northeast 1/4 of said Section 5; Commencing |
| 326 | at the Northeast corner of said Section 5; thence |
| 327 | Westerly along the North line of said Section 5, said |
| 328 | North line of Section 5 being the South line of Units |
| 329 | 7 and 18 of "Leeland Heights" as shown on plat |
| 330 | recorded in Plat Book 12, Page 53 of the said Public |
| 331 | Records, a distance of 116.51 feet to the Southwest |
| 332 | corner of Lot 10 of Block 87 of said "Leeland Heights" |
| 333 | and the POINT OF BEGINNING of this description; thence |
| 334 | continuing Westerly along the said North line of |
| 335 | Section 5, a distance of 1208.55 feet to the Northwest |
| 336 | corner of the Northeast 1/4 of the Northeast 1/4 of |
| 337 | said Section 5; thence South 01° 35' 34" East along |
| 338 | the West line of the said Northeast 1/4 of the |
| 339 | Northeast 1/4 of Section 5, a distance of 1149.72 |
| 340 | feet; thence Easterly along a line parallel with the |
| 341 | said North line of Section 5, a distance of 1268.07 |
| 342 | feet to a point of intersection with a line parallel |
| 343 | with and 60 feet Westerly of (as measured at right |
| 344 | angles) the East line of said Section 5; thence North |
| 345 | 01° 44' 40" West along said parallel line, a distance |
| 346 | of 1089.78 feet to a point of intersection with a line |
| 347 | parallel with and 60 feet Southerly of (as measured at |
| 348 | right angles) the said North line of Section 5; thence |
| 349 | Westerly along said line parallel with and 60 feet |
| 350 | Southerly of the North line of Section 5, a distance |
| 351 | of 58.31 feet to a point of intersection with the |
| 352 | Southerly prolongation of the West line of said Lot 10 |
| 353 | of Block 87 of "Leeland Heights"; thence Northerly |
| 354 | along said Southerly prolongation, a distance of 60.00 |
| 355 | feet to the POINT OF BEGINNING. Bearings in last |
| 356 | described parcel relative to said Plat of Units 7 and |
| 357 | 18 of "Leeland Heights". |
| 358 | SECTION 6: |
| 359 | All of Section 6, LESS the following described parcel, |
| 360 | BEGINNING at the Southwest corner of Government Lot 5 |
| 361 | of said Section 6; thence Northerly along the West |
| 362 | line of said Government Lot 5, a distance of 466.70 |
| 363 | feet; thence Easterly along a line parallel with the |
| 364 | South line of said Government Lot 5, a distance of |
| 365 | 466.70 feet; thence Southerly along a line parallel |
| 366 | with the said West line of Government Lot 5, a |
| 367 | distance of 466.70 feet; thence Westerly along the |
| 368 | South line of said Government Lot 5, a distance of |
| 369 | 466.70 feet to the POINT OF BEGINNING. |
| 370 | SECTION 7: |
| 371 | All of Section 7. |
| 372 | SECTION 8: |
| 373 | All of Section 8, LESS the Southwest 1/4 of the |
| 374 | Southeast 1/4 thereof. |
| 375 | SECTION 9: |
| 376 | The following portions of Section 9; |
| 377 | The West 1/2 of the Southwest 1/4, together with |
| 378 | The Southeast 1/4, together with |
| 379 | The West 1/2 of the Northeast 1/4, together with |
| 380 | The Southeast 1/4 of the Northeast 1/4. |
| 381 | SECTIONS 10-17: |
| 382 | All of Sections 10, 11, 12, 13, 14, 15, 16 and 17. |
| 383 | SECTION 18: |
| 384 | All of Section 18, LESS the 200 foot Right-of-Way for |
| 385 | State Road 82 thereof, |
| 386 | AND LESS the Westerly 25 feet of that portion of said |
| 387 | Section 18 lying Northerly of said State Road 82, said |
| 388 | 25 foot strip as conveyed to Lee County for roadway |
| 389 | purposes by deed recorded in Official Record Book 147, |
| 390 | Page 73 of the said Public Records of Lee County. |
| 391 | SECTION 19: |
| 392 | All of Section 19, LESS the 200 foot Right-of-Way for |
| 393 | State Road 82 thereof, |
| 394 | AND LESS the following described parcel, BEGINNING at |
| 395 | the Northeast corner of said Section 19; thence South |
| 396 | 89°55'00" West with the North line of said Section 19, |
| 397 | a distance of 1327.50 feet to the Northwest corner of |
| 398 | the East 1/2 of the Northeast 1/4 of Section 19; |
| 399 | thence South 49°30'50" West a distance of 465.93 feet |
| 400 | to the Northern Right-of Way line of State Road 82; |
| 401 | thence Southeasterly with the said Northern Right-of- |
| 402 | Way line to the East line of Section 19; thence North |
| 403 | 00834'00" West along the East line of Section 19 South |
| 404 | 00° 34' 00" East along the East line of said Section |
| 405 | 19 to the East 1/4 Section corner of said Section 19; |
| 406 | thence South 89° 53' 40" West along the East/West 1/4 |
| 407 | Section line of said Section 19, a distance of 1479.38 |
| 408 | feet; thence North 00° 39' 20" West along a line |
| 409 | parallel with and 156.00 feet Westerly of (as measured |
| 410 | at right angles) the West line of the East 1/2 of the |
| 411 | Northeast 1/4 of said Section 19, a distance of |
| 412 | 2019.77 feet to a point of intersection with the |
| 413 | Southwesterly Right-of-Way line of said State Road 82; |
| 414 | thence South 64° 06' 00" East along the said |
| 415 | Southwesterly right-of-Way line of State Road 82, a |
| 416 | distance of 174.40 feet to a point of intersection |
| 417 | with the said West line of the East 1/2 of the |
| 418 | Northeast 1/4 of Section 19; thence North 00° 39' 20" |
| 419 | West along the said West line of the East 1/2 of the |
| 420 | Northeast 1/4 of Section 19, a distance of 223.58 feet |
| 421 | to a point of intersection with the Northeasterly |
| 422 | Right-of-Way line of State Road 82; thence North 64° |
| 423 | 06' 00" West along the said Northeasterly Right-of-Way |
| 424 | line of State Road 82, a distance of 400.00 feet; |
| 425 | thence North 49° 30' 50" East, a distance of 465.93 |
| 426 | feet to the Northwest corner of the said East 1/2 of |
| 427 | the Northeast 1/4 of Section 19; thence North 89° 55' |
| 428 | 00" East along the North line of said Section 19, a |
| 429 | distance of 1327.50 feet to the POINT OF BEGINNING. |
| 430 | SECTION 20: |
| 431 | All of Section 20, LESS the 200 foot Right-of-Way for |
| 432 | State Road 82 thereof, |
| 433 | AND LESS the following described parcel, BEGINNING at |
| 434 | the Northwest corner of said Section 20; thence North |
| 435 | 89° 15' 50" East along the North line of said Section |
| 436 | 20, a distance of 227.46 feet; thence South 00° 34' |
| 437 | 00" East along a line parallel with the West line of |
| 438 | said Section 20, a distance of 1516.82 feet to a point |
| 439 | of intersection with the Northerly Right-of-Way line |
| 440 | of State Road 82; thence North 49° 52' 20" West along |
| 441 | the said Northerly Right-of-Way line of State Road 82, |
| 442 | a distance of 300.00 feet to a point of intersection |
| 443 | with the West line of said Section 20; thence North |
| 444 | 00° 34' 00" East along the said West line of Section |
| 445 | 20 to the POINT OF BEGINNING |
| 446 | AND LESS the following described parcel, BEGINNING at |
| 447 | the intersection of the Southwesterly Right-of-Way |
| 448 | line of State Road 82 and the South line of said |
| 449 | Section 20; thence North 24° 51' 40" West along the |
| 450 | said Southwesterly Right-of-Way line of State Road 82, |
| 451 | a distance of 1000.00 feet; thence South 32° 24' 30" |
| 452 | West, a distance of 1081.39 feet to a point of |
| 453 | intersection with the said South line of Section 20; |
| 454 | thence North 89° 40' 40" East along the said South |
| 455 | line of Section 20, a distance of 1000.00 feet to the |
| 456 | POINT OF BEGINNING. Last described parcel being |
| 457 | recorded in Deed Book 306, Page 153 of the said Public |
| 458 | Records of Lee County. |
| 459 | SECTIONS 21-26: |
| 460 | All of Sections 21, 22, 23, 24, 25 and 26. |
| 461 | SECTION 27: |
| 462 | All of Section 27 lying NORTH of State Road 82. |
| 463 | SECTION 28: |
| 464 | All of Section 28 lying North of State Road 82. |
| 465 | SECTION 29: |
| 466 | All of Section 29 lying North of State Road 82. |
| 467 | SECTION 34: |
| 468 | All of Section 34 lying North of State Road 82. |
| 469 | SECTION 35: |
| 470 | All of Section 35 lying North of State Road 82. |
| 471 | SECTION 36: |
| 472 | All of Section 36 LESS the 200 foot Right-of-Way for |
| 473 | State Road 82 thereof. |
| 474 | LANDS IN HENDRY COUNTY, FLORIDA. |
| 475 | TOWNSHIP 43 SOUTH, RANGE 28 EAST |
| 476 | SECTION 30: |
| 477 | The following portions of Section 30; |
| 478 | The West 400.00 feet of the Southwest 1/4 less the |
| 479 | right-of-way for State Road 80, together with |
| 480 | The parcel commencing at the West 1/4 corner of |
| 481 | Section 30; thence along the West Section line North |
| 482 | 01° 01' 11" West, a distance of 164.01 feet to the |
| 483 | North right-of-way line of State Road 80 and the POINT |
| 484 | OF BEGINNING; thence continuing North 01° 01' 11" |
| 485 | West, a distance of 1156.17 feet to the South Right- |
| 486 | of-Way line for the Caloosahatchee River (C-43 canal); |
| 487 | thence along said South Right-of-Way line North 78° |
| 488 | 07' 28" East, a distance of 162.92 feet; thence South |
| 489 | 01° 01' 11" East, a distance of 415.55 feet; thence |
| 490 | South 45° 02' 36" East, a distance of 345.35 feet; |
| 491 | thence South 01° 01' 11" East, a distance of 520.42 |
| 492 | feet to the North Right-of-Way for State Road 80; |
| 493 | thence along said right-of-way South 88° 36' 43" West, |
| 494 | a distance of 400.00 feet to the POINT OF BEGINNING |
| 495 | SECTION 31: |
| 496 | The following portions of Section 31; |
| 497 | The Southeast 1/4 of the Northwest 1/4, together with |
| 498 | The East 1/2 of the Southwest 1/4, together with, |
| 499 | The South 185.00 feet of the North 1/2 of the |
| 500 | Northwest 1/4 less the West 1189.24 feet of the East |
| 501 | 1439.25 feet of the South 25.00 feet thereof; |
| 502 | Together with the West 660.76 feet of the North 30.00 |
| 503 | feet of the Southwest 1/4 of the Northwest 1/4, |
| 504 | Together with the West 400.00 feet of the Northwest |
| 505 | 1/4 of the Northwest 1/4. |
| 506 | TOWNSHIP 44 SOUTH, RANGE 28 EAST |
| 507 | SECTION 6: |
| 508 | The West 1/2 of Section 6. |
| 509 | SECTION 7: |
| 510 | The West 1/2 of Section 7. |
| 511 | SECTION 18: |
| 512 | The West 1/2 of Section 18. |
| 513 | SECTION 19: |
| 514 | The West 1/2 of Section 19. |
| 515 | SECTION 30: |
| 516 | The West 1/2 of Section 30. |
| 517 | SECTION 31: |
| 518 | The West 1/2 of Section 31. |
| 519 | Section 2. Installment assessments and the collection |
| 520 | thereof.--Annual installment assessments, which are levied under |
| 521 | section 298.36, Florida Statutes, shall become due and be |
| 522 | collected during each year at the same time that county taxes |
| 523 | are due and collected, pursuant to section 298.36, Florida |
| 524 | Statutes, chapter 197, Florida Statutes, and this act. Said |
| 525 | assessments shall be a lien until paid on the property against |
| 526 | which assessed, and enforceable in like manner as county taxes. |
| 527 | Section 3. Maintenance assessments.--Maintenance |
| 528 | assessments as provided for under section 298.54, Florida |
| 529 | Statutes, shall be apportioned upon the basis of the net |
| 530 | assessments of benefits assessed as accruing from original |
| 531 | construction and any subsequent improvements, and shall be due |
| 532 | and collected pursuant to section 298.54, Florida Statutes, |
| 533 | chapter 197, Florida Statutes, and this act. Provided, nothing |
| 534 | herein shall prevent the Board of Commissioners Supervisors from |
| 535 | apportioning maintenance taxes for the maintenance of the |
| 536 | district facilities equally to all benefited acres if the Board |
| 537 | of Commissioners Supervisors determines that benefits are |
| 538 | substantially equal for benefited acreage throughout the |
| 539 | District. Said assessments shall be a lien until paid on the |
| 540 | property against which assessed and enforceable in like manner |
| 541 | as county taxes. |
| 542 | Section 4. Water and sewer powers and duties; non-ad |
| 543 | valorem assessments; user charges and fees.-- |
| 544 | (1) The district shall have, and the board may exercise, |
| 545 | subject to the regulatory jurisdiction and permitting authority |
| 546 | of all applicable governmental bodies, agencies, and special |
| 547 | districts having authority with respect to any area included |
| 548 | therein, the power to provide water supply, sewer, and |
| 549 | wastewater management, reclamation, and reuse or any combination |
| 550 | thereof, and to construct and operate connecting, intercepting, |
| 551 | or outlet sewers and sewer mains and pipes and water mains, |
| 552 | conduits, or pipelines in, along, and under any public street, |
| 553 | alley, highway, or other public place or way, and to dispose of |
| 554 | any effluent, residue, or other byproducts of such system or |
| 555 | sewer system. The district shall also have the authority to |
| 556 | require and enforce the use of its facilities whenever and |
| 557 | wherever they are accessible. |
| 558 | (2) Non-ad valorem assessments, user charges, or fees, |
| 559 | including impact fees, authorized by the Board of Commissioners |
| 560 | may be levied to finance, fund, plan, establish, acquire, |
| 561 | construct, operate, and maintain systems, facilities, and basic |
| 562 | infrastructure for water supply, sewer, and wastewater |
| 563 | management, reclamation, and reuse and to construct and operate |
| 564 | connecting, intercepting, or outlet sewers and sewer mains and |
| 565 | pipes and water mains, conduits, or pipelines in, along, and |
| 566 | under any public street, alley, highway, or other public place |
| 567 | or way, and to dispose of any effluent, residue, or other |
| 568 | byproducts of such system or sewer system. Non-ad valorem |
| 569 | assessments may be levied and collected pursuant to chapter 197 |
| 570 | or chapter 170, Florida Statutes. The receipt and collection of |
| 571 | these charges or fees shall be in the manner prescribed by board |
| 572 | resolution not inconsistent with general law. |
| 573 | (3) Any exercise of the powers and authority granted in |
| 574 | subsections (1) and (2) which is necessary to provide any |
| 575 | proposed facilities, services, or charges within Lee County |
| 576 | shall be subject to prior approval by the adoption of a |
| 577 | resolution by a majority of the Lee County Commission in session |
| 578 | at a duly advertised public hearing. Any exercise of the powers |
| 579 | and authority as granted in subsections (1) and (2) which is |
| 580 | necessary to provide any proposed facilities, services, or |
| 581 | charges within Hendry County shall be subject to prior approval |
| 582 | by the adoption of a resolution by a majority vote of the Hendry |
| 583 | County Commission in session at a duly advertised public |
| 584 | hearing. |
| 585 | Section 5.4. Board of Commissioners Supervisors; |
| 586 | elections; candidate qualifications; powers and duties.--The |
| 587 | provisions of chapter 298, Florida Statutes, to the contrary |
| 588 | notwithstanding, the following provisions, to the extent of any |
| 589 | conflict, shall control the Improvement District of Lehigh Acres |
| 590 | East County Water Control District: |
| 591 | (1) The Board of Commissioners Supervisors of the |
| 592 | Improvement District of Lehigh Acres East County Water Control |
| 593 | District shall be composed of five members who shall be |
| 594 | registered voters and residents of the District. The Board of |
| 595 | Commissioners Supervisors shall be elected at large by the |
| 596 | electors residing in the District. Terms of all commissioners |
| 597 | supervisors shall be for 4 years. |
| 598 | (2) All District Commissioner Supervisor elections shall |
| 599 | be held on the first Tuesday after the first Monday in November |
| 600 | of even-numbered years. All District Commissioners Supervisors |
| 601 | shall be elected at large by nonpartisan plurality vote with the |
| 602 | candidate who receives the highest number of votes for each seat |
| 603 | winning the election. Only registered voters residing within the |
| 604 | District shall be permitted to vote. The cost of any election |
| 605 | shall be borne by the District. Terms of all commissioners |
| 606 | supervisors shall begin with the first regularly scheduled board |
| 607 | meeting after certification of on the day after the election by |
| 608 | the Secretary of State as established by this act. The terms of |
| 609 | the Board of Commissioners Supervisors of the Improvement |
| 610 | District of Lehigh Acres East County Water Control District |
| 611 | serving on May 27, 1998, shall be extended for one year to the |
| 612 | first Tuesday after the first Monday in November of the even- |
| 613 | numbered year following the year in which their term is |
| 614 | currently due to expire. |
| 615 | (3) Qualifying for the position of District Commissioner |
| 616 | Supervisor shall be coordinated by the supervisors of elections |
| 617 | of the counties within which the District is located. Methods of |
| 618 | qualifying shall be uniform pursuant to section 99.092, Florida |
| 619 | Statutes. Candidates shall be required to open depositories and |
| 620 | appoint treasurers prior to accepting any contributions or |
| 621 | expending any funds. |
| 622 | (4) Vacancies on the Board shall be filled pursuant to |
| 623 | chapter 100, section 298.12, Florida Statutes. |
| 624 | (5) The members of the Board shall be reimbursed for their |
| 625 | expenses pursuant to section 112.061, Florida Statutes, and paid |
| 626 | a salary flat fee of $250 per calendar calender month during |
| 627 | term of office as established herein. The Board may remove any |
| 628 | member who has three consecutive, unexcused absences from |
| 629 | regularly scheduled meetings. In addition, commissioners shall |
| 630 | not be paid for any unexcused absences from regularly scheduled |
| 631 | meetings. The Board shall adopt policies by resolution defining |
| 632 | excused and unexcused absences, provided however, the flat fee |
| 633 | of $250 per calendar month shall only be payable in the event |
| 634 | the member of the Board attends at least one (1) full regularly |
| 635 | scheduled session of the Board during the subject calendar |
| 636 | month. |
| 637 | (6) Each year, the Board of Commissioners Supervisors |
| 638 | shall hold an annual organizational meeting, at which a Chair, |
| 639 | Vice-Chair, Secretary and Treasurer shall be elected, whose |
| 640 | duties shall be established by Resolution of the Board. |
| 641 | (7) The Board of Commissioners Supervisors shall have the |
| 642 | power to employ a person to be designated General Manager of the |
| 643 | District and to vest in him or her such authority and to |
| 644 | delegate to him or her the performance of such duties and to |
| 645 | provide such compensation as may be determined by the Board of |
| 646 | Commissioners Supervisors. The Board may require the General |
| 647 | Manager to furnish bond with good and sufficient surety in such |
| 648 | amount as the Board may by resolution determine. |
| 649 | (8) The District shall have and the Board may exercise and |
| 650 | hold all powers, functions, and duties set forth in this act and |
| 651 | chapters 189, 197, and 298, Florida Statutes, as they may be |
| 652 | amended from time to time, including, but not limited to, non-ad |
| 653 | valorem assessments, bond issuance, other revenue-raising |
| 654 | capabilities, budget preparation and approval, liens and |
| 655 | foreclosure of liens, use of tax deeds and tax certificates as |
| 656 | appropriate for non-ad valorem assessments, and contractual |
| 657 | agreements. |
| 658 | (9) The methods for assessing and collecting non-ad |
| 659 | valorem assessments, fees, or service charges shall be as set |
| 660 | forth in chapter 189, chapter 197, or chapter 298, Florida |
| 661 | Statutes, as amended from time to time. |
| 662 | (10) The District's planning requirements shall be as set |
| 663 | forth in this act and chapters 189 and 298, Florida Statutes, as |
| 664 | amended from time to time. |
| 665 | (11) Requirements for financial disclosure, meeting |
| 666 | notices, reporting, public records maintenance, and per diem |
| 667 | expenses for officers and employees shall be as set forth in |
| 668 | chapters 112, 119, 189, 286, and 298, Florida Statutes, as |
| 669 | amended from time to time. |
| 670 | (12) The District shall have the authority to sell, lease, |
| 671 | or otherwise encumber surplus real property owned by the |
| 672 | District for the benefit of the District, except for |
| 673 | environmentally sensitive property as designated by the Florida |
| 674 | Department of Environmental Protection. |
| 675 | Section 6.5. Bonds issuable for 40 years.--Notwithstanding |
| 676 | the provisions of section 298.47, Florida Statutes, the Board of |
| 677 | Commissioners Supervisors may issue bonds maturing at annual |
| 678 | intervals within 40 years. |
| 679 | Section 7.6. Assessment records.--Notwithstanding the |
| 680 | provisions of section 298.36(2), Florida Statutes, the secretary |
| 681 | of the Board of Commissioners Supervisors, as soon as said total |
| 682 | assessment is levied, shall, at the expense of the District, |
| 683 | prepare a list of all assessments levied, said list to be stored |
| 684 | in electronic format. |
| 685 | Section 8.7. Public improvements and community |
| 686 | facilities.--In addition to the powers provided in chapter 298, |
| 687 | Florida Statutes, the District shall have, and the Board may |
| 688 | exercise, subject to the regulatory jurisdiction and permitting |
| 689 | authority of all applicable governmental bodies, agencies, and |
| 690 | special districts having authority with respect to any area |
| 691 | included therein, any or all of the following special powers |
| 692 | relating to public improvements and community facilities |
| 693 | authorized by this act: |
| 694 | (1) Conservation, mitigation, and wildlife habitat.--The |
| 695 | power to finance, fund, plan, establish, acquire, construct or |
| 696 | reconstruct, enlarge or extend, equip, operate, and maintain |
| 697 | systems, facilities, and basic infrastructure for conservation |
| 698 | areas, mitigation areas, and wildlife habitat, including the |
| 699 | maintenance of any plant or animal species, and any related |
| 700 | interest in real or personal property; |
| 701 | (2) Recreational, cultural, and educational.--After the |
| 702 | Board has obtained the consent of the local general purpose |
| 703 | government within the jurisdiction of which the specified power |
| 704 | is to be exercised, the power to plan, establish, acquire, |
| 705 | construct or reconstruct, enlarge or extend, equip, operate and |
| 706 | maintain additional systems and facilities for parks and |
| 707 | facilities for indoor and outdoor recreational, cultural, and |
| 708 | educational uses; and |
| 709 | (3) Navigational and boating facilities.--The power to |
| 710 | construct and maintain navigational and boating facilities in |
| 711 | its canals, including, but not limited to, locks and dams, to |
| 712 | widen and deepen its canals, to make them usable for navigation |
| 713 | and boating, and to regulate in all respects the use of its |
| 714 | canals for navigation and boating, including, but not limited |
| 715 | to, the size of boats, their speed and hours of use. Prior to |
| 716 | the District having the powers described in subsection (2), the |
| 717 | additional power granted to the District must receive approval |
| 718 | by a majority vote of the qualified electors of the district |
| 719 | voting in a referendum election to be called by the District at |
| 720 | the next general election, with the exception of the following |
| 721 | three parks: |
| 722 | (a) Lake Camille Park |
| 723 | (b) Williams Park |
| 724 | (c) Eco Park. |
| 725 | Section 2. This act shall take effect upon becoming a law, |
| 726 | except that new section 4 of the charter, as created in section |
| 727 | 1 of this act, shall take effect only upon the approval by a |
| 728 | majority vote of those qualified electors of the district, as |
| 729 | set forth in section 1 of the charter as amended and renamed in |
| 730 | section 1 of this act, voting in a referendum to be held by the |
| 731 | district in conjunction with the next primary, general, special, |
| 732 | or other election to be held in the district. |