THE BILL ITSELF
HB 4099
South Indian River Water Control District, Palm Beach County
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A bill to be entitled
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An act relating to the South Indian River Water
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Control District, Palm Beach County; amending chapter
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2001-313, Laws of Florida, as amended; increasing the
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number of members of the governing board; including
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fractions of acres in all gross acreage owned by a
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landowner; providing for compensation for supervisors
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attending board meetings; requiring competitive
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bidding for certain positions; revising residence
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requirements for members of the board; providing for
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staggering of terms, annual elections, and election of
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board officers; requiring an election; removing
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outdated language; requiring the board to authorize
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the formation of an engineering plan under certain
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circumstances; providing a limitation of a one-time
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special assessment; authorizing district money to be
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expended before the levy of such special assessment;
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providing an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Subsections (5), (6), and (8) of section 2,
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subsection (1) of section 3, and sections 9 through 16 of
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section 3 of chapter 2001-313, Laws of Florida, as amended, are
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amended to read:
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Section 2. Minimum charter requirements.—In accordance
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with section 189.404(3), Florida Statutes, the following
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subsections shall constitute the minimum charter requirements
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for the South Indian River Water Control District:
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(5) In accordance with chapter 189, Florida Statutes, this
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act, and chapter 298, Florida Statutes, the District is governed
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by a six-member five-member board, elected based upon the gross
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acreage owned by a landowner. The number of votes cast shall be
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equal to the landowner's total gross acreage reported by the
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Property Appraiser of Palm Beach County, inlcuding any fractions
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of acres on a one-acre, one-vote basis by the landowners in the
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District. The election, membership, and organization of the
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board shall be as set forth in this act and chapter 298, Florida
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Statutes, as they may be amended from time to time.
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(6) The compensation of board members shall be limited to
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a maximum of $50 for physically attending a meeting of the board
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of supervisors governed by this act and chapter 298, Florida
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Statutes, as they may be amended from time to time.
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(8) Requirements for financial disclosure, meeting
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notices, reporting, public records maintenance, and per diem
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expenses for officers and employees shall be as set forth in
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chapters 112, 189, 286, and 298, Florida Statutes, as they may
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be amended from time to time. No less than every 3 years, a
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Request for Proposal (RFP) shall be advertised for positions of
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accountant, attorney, and engineer.
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Section 3. Board of Supervisors; elections.—
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(1) The Board of Supervisors of the South Indian River
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Water Control District shall consist of six five members, at
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least three of whom but not more than four of whom shall reside
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in the District, at least one of whom shall reside to the East
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of Canal 18, and three at least one of whom shall reside to the
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West of Canal 18, and shall each be elected by the landowners of
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each respective side of Canal 18. Immediately following the
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enactment of this act, an election shall be held for the six
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positions. The two candidates receiving the highest number of
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votes from each area shall serve 3-year terms, the two
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candidates receiving the second highest number of votes shall
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serve 2-year terms, and the two candidates with the third
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highest number of votes shall serve 1-year terms. Elections
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shall occur annually thereafter as the initial terms expire. The
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candidates with the highest number of votes in the subsequent
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elections shall be elected for 3-year terms. In even-numbered
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years, the members of the board elected from the area East of
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Canal 18 shall elect the President, the Vice President, and the
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Secretary for the Board that year.
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Section 9. Annexation; outfall limitation.—
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(1) Upon the occurrence of the events described in
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paragraph (3), the following lands shall be annexed into the
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South Indian River Water Control District in Palm Beach County,
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and the boundary lines of the South Indian River Water Control
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District are hereby extended to include an area of land
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consisting of the West one-half of Section 4, and the East one-
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half of Section 5, Township 41 South, Range 41 East, less the
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State Road 706 right-of-way, in Palm Beach County, said area
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being contiguous to lands presently within the District.
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(2) The Plan of Reclamation for the area to be annexed
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shall be that Plan which was approved by the Engineer for the
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District, was constructed to the satisfaction of the Engineer
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for the District, and is maintained in the District's Minutes
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labeled "Indian Lakes Estates, Palm Beach County, Florida,
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prepared by Shalloway, Inc., Engineer of Record for Stuart
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Enterprises, Drawing #79-37-01 consisting of Sheets 1 through 5
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plus the cover sheet and all amendments/changes thereto." For
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25-year storm conditions, the maximum outfall from the annexed
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area into the remainder of the District shall not exceed 8 cubic
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feet per second. For 100-year storm conditions, the maximum
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outfall from the annexed area into the remainder of the District
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shall not exceed 13 cubic feet per second.
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(3) This annexation shall take effect upon certification
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to the Secretary of State of the approval of the Circuit Court
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of the Eighth Plan of Reclamation, a final Report of the
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Commissioners, upon the District's ability to implement reverse
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flow through the G-92 Structure, through contract with the South
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Florida Water Management District.
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Section 9.10. Formulation and implementation of road plan
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and water control plans.—
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(1) The Board of Supervisors of the South Indian River
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Water Control District in Palm Beach County is hereby authorized
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to proceed in accordance with the provisions of chapter 298,
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Florida Statutes, and the District Engineer is hereby given the
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additional authority, in conjunction with the District
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Engineer's powers pursuant to section 298.16, Florida Statutes,
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to formulate a road plan and water control plans for all of the
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lands within the District and to formulate plans for providing
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potable water distribution and wastewater collection systems to
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those lands within the District lying East of Canal 18 of the
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South Florida Water Management District, and to the Northeast
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Quarter (NE 1/4) of the Northeast Quarter (NE 1/4) plus the
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North one-half (N 1/2) of the North one-half (N 1/2) of the
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Southeast Quarter (SE 1/4) of the Northeast Quarter (NE 1/4) of
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Section 1, Township 41 South, Range 41 East, in Palm Beach
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County, with different taxing areas within the taxing District
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according to the benefits received, and to revise the plans
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according to the benefits received from time to time, taking
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into consideration both construction and maintenance benefits so
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as to most equitably provide for taxation according to benefits.
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The Board of Supervisors is hereby given the additional
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authority, in conjunction with its powers pursuant to section
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298.22, Florida Statutes, to implement and authorize
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construction and maintenance of those improvements outlined in
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the road plan, water control plans, and potable water
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distribution and wastewater collection systems plans, according
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to the benefits received so as to most equitably provide for
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taxation within the taxing District.
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(2) In order to implement the road plan and water control
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plans of the District, and the potable water distribution and
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wastewater collection systems plans for all lands within the
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District lying East of Canal 18 of the South Florida Water
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Management District, and to the Northeast Quarter (NE 1/4) of
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the Northeast Quarter (NE 1/4) plus the North one-half (N 1/2)
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of the North one-half (N 1/2) of the Southeast Quarter (SE 1/4)
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of the Northeast Quarter (NE 1/4) of Section 1, Township 41
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South, Range 41 East, in Palm Beach County, the Board of
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Supervisors of the South Indian River Water Control District is
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hereby authorized to exercise any and all powers granted to the
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District in this act, sections 298.22 and 298.23, Florida
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Statutes, and elsewhere in chapter 298, Florida Statutes. The
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Board of Supervisors is hereby further authorized to take any
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and all actions necessary to implement the road plan and water
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control plans of the District, and potable water distribution
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and wastewater collection systems plans for all lands lying East
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of Canal 18 of the South Florida Water Management District, and
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to the Northeast Quarter (NE 1/4) of the Northeast Quarter (NE
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1/4) plus the North one-half (N 1/2) of the North one-half (N
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1/2) of the Southeast Quarter (SE 1/4) of the Northeast Quarter
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(NE 1/4) of Section 1, Township 41 South, Range 41 East, in Palm
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Beach County.
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Section 10.11. Formation of engineering plan East of Canal
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18.—The Board of Supervisors shall authorize is hereby
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prohibited from authorizing the formation of an engineering
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plan, including estimated costs, when unless there is documented
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evidence that at least 25 percent of the affected landowners
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desire to have such a plan formulated, and, thereafter, the
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Board of Supervisors is prohibited from constructing any new
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road or increasing the quality of any existing road within the
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District, except for the placement of stable materials, or
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constructing any facilities to provide potable water
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distribution and wastewater collection systems to those lands
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within the District lying East of Canal 18 of the South Florida
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Water Management District, and to the Northeast Quarter (NE 1/4)
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of the Northeast Quarter (NE 1/4) plus the North one-half (N
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1/2) of the North one-half (N 1/2) of the Southeast Quarter (SE
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1/4) of the Northeast Quarter (NE 1/4) of Section 1, Township 41
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South, Range 41 East, in Palm Beach County, until there has
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first been a vote in favor of the construction or improvement by
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the owners of a majority of the parcels represented in the
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voting after notice has been duly given to all of the owners of
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the lands within the area to be benefited in the same manner as
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notice is given and vote taken in the Annual Landowners Meeting.
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A petition signed and notarized by the owners of 51 percent of
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the parcels to be assessed shall and certified by the county
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Supervisor of Elections will satisfy each of the above
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requirements.
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Section 11.12. Authority to fund engineering studies, road
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improvements, recreational lands.—The Board of Supervisors of
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the South Indian River Water Control District in Palm Beach
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County is hereby authorized, empowered, and permitted to expend
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funds of the District to pay for engineering studies for the
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purpose of planning a road improvement program, and to pay for
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the construction, maintenance, improvement, and repair of
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dedicated roads and road rights-of-way, including the swales
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thereof, within the District where such construction,
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maintenance, improvement, and repair is not performed by other
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governmental bodies and to levy special assessments to acquire,
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construct, and maintain said improvements on the basis of
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parcels benefited rather than acres benefited for said purposes.
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The Board of Supervisors of the South Indian River Water Control
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District is further authorized, empowered, and permitted to
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expend funds of the District to pay for engineering studies for
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the purpose of planning facilities to provide potable water
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distribution and wastewater collection systems to those lands
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lying East of Canal 18 of the South Florida Water Management
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District, and to the Northeast Quarter (NE 1/ ) of the Northeast 4
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Quarter (NE 1/ ) plus the North one-half (N 1/ ) of the North one- 4 2
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half (N 1/ ) of the Southeast Quarter (SE 1/ ) of the Northeast 2 4
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Quarter (NE 1/ ) of Section 1, Township 41 South, Range 41 East, 4
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in Palm Beach County, in cooperation with the Town of Jupiter
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and the Loxahatchee River Environmental Control District, and to
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pay for the construction, maintenance, improvement, and repair
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of those facilities where such construction, maintenance,
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improvement, and repair is not performed by other governmental
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bodies, and to levy special assessments, on the basis of parcels
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or front footage benefited, acres benefited or other lawful
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basis, for said purposes, and to transfer said facilities to the
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Town of Jupiter and the Loxahatchee River Environmental Control
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District for operation and maintenance. The Board of Supervisors
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of the South Indian River Water Control District is further
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authorized to hold, control, acquire by donation or purchase,
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and maintain real and personal property for recreational
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purposes for land within the District lying East of Canal 18 of
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the South Florida Water Management District only, and to make it
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available for the use of the landowners. The Board of
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Supervisors is authorized to expend funds of the District to pay
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for the maintenance of such property, the cost of which shall be
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borne by the landowners owning land lying East of Canal 18 of
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the South Florida Water Management District.
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Section 12.13. One-time assessment for improvement
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project.—At the time of beginning any improvement project
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authorized by chapter 298, Florida Statutes, or any special
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legislation for the South Indian River Water Control District,
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the Board of Supervisors of the District is authorized and
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empowered to levy a one-time special assessment not to exceed
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$1,000 upon the land to be benefited to pay for the anticipated
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initial legal and engineering planning cost of said project,
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after notice has been given and an opportunity afforded to the
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landowners to discuss the project at a regularly scheduled
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meeting. The estimated initial planning cost of the project must
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be presented as part of the annual budget. No District moneys
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may be expended prior to the levy of said special assessment.
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Section 13.14. Transfer of roads and potable water
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distribution or wastewater collection systems to another
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governmental entity.—If any governmental entity, whether
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existing at this time or created in the future, elects to
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construct, improve, or maintain any road within the District, or
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elects to construct, improve, maintain, or operate facilities to
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provide potable water distribution and wastewater collection
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systems to those lands within the District lying East of Canal
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18 of the South Florida Water Management District, and to the
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Northeast Quarter (NE 1/4) of the Northeast Quarter (NE 1/4)
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plus the North one-half (N 1/2) of the North one-half (N 1/2) of
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the Southeast Quarter (SE 1/4) of the Northeast Quarter (NE 1/4)
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of Section 1, Township 41 South, Range 41 East, in Palm Beach
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County, and the owners of a majority of the parcels within the
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District as a whole or a majority of the landowners within the
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area to be benefited are in favor of said election, then the
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Board of Supervisors shall cease constructing, improving, or
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maintaining said road or roads or facilities providing potable
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water distribution and wastewater collection systems to those
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lands within the District lying East of Canal 18 of the South
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Florida Water Management District, and to the Northeast Quarter
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(NE 1/4) of the Northeast Quarter (NE 1/4) plus the North one-
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half (N 1/2) of the North one-half (N 1/2) of the Southeast
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Quarter (SE 1/4) of the Northeast Quarter (NE 1/4) of Section 1,
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Township 41 South, Range 41 East, in Palm Beach County, on a
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date agreeable to the entity which elects to assume such
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obligation, but in no event later than 30 days after the meeting
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of the Board of Supervisors wherein the election and vote are
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communicated to the board. Pursuant to this provision, and with
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the agreement of the electing entity, the District may transfer
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equipment, water, sanitary sewage lines, funds, materials, and
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obligations to the electing entity.
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Section 14.15. Authority to issue bonds.—The Board of
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Supervisors of the South Indian River Water Control District is
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hereby authorized to issue bonds to pay for the purchase of
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equipment, the construction and improvement of dedicated roads
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and road rights-of-way including the swales thereof within the
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District, all drainage improvements within the District, and all
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potable water distribution and wastewater collection systems
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improvements for those lands within the District lying East of
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Canal 18 of the South Florida Water Management District, and to
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the Northeast Quarter (NE 1/4) of the Northeast Quarter (NE 1/4)
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plus the North one-half (N 1/2) of the North one-half (N 1/2) of
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the Southeast Quarter (SE 1/4) of the Northeast Quarter (NE 1/4)
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of Section 1, Township 41 South, Range 41 East, in Palm Beach
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County. The provisions of chapter 298, Florida Statutes, as well
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as all other applicable laws, shall be followed by the Board of
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Supervisors of the South Indian River Water Control District in
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Palm Beach County in issuing said bonds.
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Section 15.16. No effect on bondholders.—Nothing in this
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Act shall be deemed or construed in any manner to affect the
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rights of the holders of any of the bonds heretofore issued by
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said District in accordance with law, or of depriving said
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bondholders or any of them of any right of action or remedy
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given to them by law in connection with said bonds or the
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enforcement of the collection of taxes to pay principal and
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interest of the same.
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Section 2. This act shall take effect upon becoming a law.