§ 36-15. Same—Powers and duties of district and governing board.

(a)

General. The water control district established under the provisions of this chapter shall constitute a public body corporate and politic, exercising public powers, and such district and the governing board thereof shall have the usual powers and duties incident to such bodies, and also the following powers, in addition to all other granted in other sections of this chapter (provided, however, that in the exercise of any of the powers and duties authorized under this chapter, the district may undertake only such activities as are consistent with the comprehensive water management plan adopted by the county):

(1)

To sue and be sued; to make contracts; to adopt and use a common seal and to alter the same as may be deemed expedient; to buy, acquire, sell, own, use, control, operate, improve, and lease all land and personal property as the governing board may deem necessary or proper in carrying out the provisions of this chapter; to pay all necessary costs and expenses incident to the administration and operation of the district, and to pay all other costs and expenses reasonably necessary or expedient in carrying out and accomplishing the purposes of this chapter; to do any and all other acts and things hereinafter authorized or required to be done; and to do any and all things, whether or not included in the enumerated powers of this chapter, necessary to accomplish the purposes of this chapter.

(2)

To acquire by purchase, gift, lease, condemnation or eminent domain or any other manner, such lands as may be reasonably necessary for constructing and maintaining the works and making the improvements required to carry out the intent of this chapter, including, without limiting the meaning of the foregoing general terms, the right to acquire by condemnation or eminent domain such lands and any interest therein, reasonably necessary for any such purpose that may already be devoted to public use for county, municipal, district, railroad or public utility purposes where and to the extent that the same may cross, intersect or be situate upon or within the area of such land hereinbefore referred to; and the district shall also have the right to acquire by purchase, gift, lease, condemnation or eminent domain, or in any other manner, land, timber, earth, rock and other materials or property, and property rights, including riparian rights, in such amounts as may be reasonably necessary or useful in the development of the works or improvements before referred to. Condemnation or eminent domain proceedings shall be maintained by and in the name of the district, and the procedure shall be, except insofar as is altered hereby, that prescribed for use by counties in Florida.

(3)

To take, exclusively occupy, use and possess, but only with the express consent of the trustees of the internal improvement fund, and only insofar as may be necessary for carrying out the provisions of this chapter, any areas of land owned by the State of Florida, and within the territorial extent of the district, not in use for state purposes, including, without limiting the foregoing general terms, swamps and overflowed lands, bottoms of streams, lakes and rivers, and the riparian rights thereto pertaining, and, when so taken and occupied, due notice of such taking and occupancy having been filed with the trustees of the internal improvement fund of the State of Florida by the district, such areas of land are hereby granted to and shall be the property of the district. For the purposes of this section, the meaning of the term "use" shall include the removal of material from and the placing of material on any such land. In case it shall be held by any court of competent jurisdiction that there are any lands owned by the State of Florida which may not be so granted, then the provisions of this section shall continue in full force and effect as to all other lands owned by the State of Florida and granted to the district hereunder. The provisions of this section are subject to all laws and regulations of the United States of America with respect to navigable waters.

(4)

To take possession of and control and use and operate and maintain all streams, lakes and canals, dams, locks, levees, dikes, sluiceways, reservoirs, holding basins, floodways, pumping stations, buildings, bridges, highways, navigation and conservation works and other works and facilities, within the territorial limits of the district, to the extent only that such possession, control and use shall be deemed by the governing board, in its sole discretion, to be useful and necessary in carrying out the purposes of this chapter; to enlarge, change, modify or improve any stream, lake or canal within the territorial limits of the district and to clean out, straighten, enlarge or change the course of any waterway or canal, natural or artificial, within the territorial limits of the district; to provide such canals, locks, levees, dikes, dams, sluiceways, reservoirs, holding basins, floodways, pumping stations, buildings, bridges, highways and other works and facilities which the governing board may deem necessary; to cross any highway or railway with works of said district; remove any building or other obstruction necessary for the construction, maintenance and operation of said works; provided that all such activities of the district shall be subject to the rights of persons, firms and corporations, and the rights or municipalities, counties, districts, and political bodies of the State of Florida (which rights may be acquired by the district by condemnation or eminent domain as provided for by this chapter). And provided further that the provisions of this section are subject to all laws and regulations of the United States of America with respect to navigable waters.

(5)

To operate and maintain any and all works and improvements of the district.

(b)

Assessable improvements; levy and payment of special assessments; assessment bonds and certificates. The district may provide for the construction or reconstruction of assessable improvements, and for the levying of special assessments upon benefited property for the payment thereof, under the provisions of this section.

(1)

The initial proceeding under this section shall be the passage by the governing board of a resolution ordering the construction or reconstruction of such assessable improvements, indicating the location by terminal points, routes or otherwise, and either giving a description of the improvements by their material, nature, character and size or giving two (2) or more descriptions with the directions that the material, nature, character and size shall be subsequently determined in conformity with one of such descriptions. Assessable improvements need not be continuous and may be in more than one locality or street. The resolution ordering any such improvement may give any short and convenient designation to each improvement ordered thereby, and the property against which assessments are to be made for the cost of such improvement may be designated as an assessment district, followed by a letter or number or name to distinguish it from other assessment districts, after which it shall be sufficient to refer to such improvement and property by such designation in all proceedings and assessments, except in the notices required by this section.

(2)

As soon as possible after the passage of such resolution the engineer for the district shall prepare in duplicate plans and specifications for each improvement ordered thereby and an estimate of the cost thereof. Such cost shall include, in addition to the items of cost as defined in this chapter, the cost of relaying streets, sidewalks and other public facilities or conveniences necessarily torn up or damaged and the following items of incidental expenses:

a.

Printing and publishing notices and proceedings;

b.

Costs of abstracts of title; and

c.

Any other expense necessary or proper in conducting the proceedings and work provided for in this section, including the estimated amount of discount, if any, upon the sale of assessment bonds or any other obligations issued hereunder for which such special assessments are to be pledged. If the resolution shall provide alternative descriptions of material, nature, character and size, such estimate shall include an estimate of the cost of the improvement of each such description.

If the district is to pay any portion of the cost of the construction or reconstruction, the engineer shall also prepare in duplicate a tentative apportionment of the estimated total cost of the improvement as between the district and each lot or parcel of land subject to special assessment under the resolution, such apportionment to be made in accordance with the provisions of the resolution and in relation to apportionment of cost provided herein for the preliminary assessment roll. Such tentative apportionment of total estimated cost shall not be held to limit or restrict the duties of the engineer in the preparation of such preliminary assessment roll. One of the duplicates of such plans, specifications and estimates and such tentative apportionment shall be filed with the governing board and the other duplicate shall be retained by the engineer in his files, all thereof to remain open to public inspection.

(3)

The governing board upon the filing with it of such plans, specifications, estimates and tentative apportionment of cost shall publish once in a newspaper or newspapers published or of general circulation in Broward County a notice stating that at a meeting of the governing board on a certain day and hour, not earlier than fifteen (15) days from such publication, the governing board will hear objections of all interested persons to the confirmation of such resolution, which notice shall state in brief and general terms a description of the proposed assessable improvements with the location thereof, and shall also state that plans, specifications, estimates and tentative apportionment of cost thereof are on file with the governing board. The governing board shall keep record in which shall be inscribed, at the request of any person, firm or corporation having or claiming to have any interest in any lot or parcel of land or property, the name and post-office address of such person, firm or corporation, together with a brief description or designation of such lot or parcel, and it shall be the duty of the governing board to mail a copy of such notice to such person, firm or corporation at such address, at least ten (10) days before the time for the hearing as stated in such notice, but the failure of the governing board to keep such record or so to inscribe any name or address or to mail any such notice shall not constitute a valid objection to holding the hearing as provided in this section or to any other action taken under the authority of this section.

(4)

At the time named in such notice, or to which an adjournment may be taken by the governing board, the governing board shall receive any objections of interested persons and may then or thereafter repeal or confirm such resolution with such amendments, if any, as may be desired by the governing board and which do not cause any additional property to be specially assessed.

(5)

All objections to any such resolution on the ground that it contains items which cannot be properly assessed against property, or that it is, for any default or defect in the passage or character of the resolution or the plans or specifications or estimates, void or voidable in whole or in part, or that it exceeds the power of the governing board, shall be made in writing in person or by attorney, and filed with the governing board at or before the time or adjourned time of such hearing. Any objections against the making of any assessable improvements not so made shall be considered as waived, and if any objection shall be made and overruled or shall not be sustained, the confirmation of the resolution shall be the final adjudication of the issues presented unless proper steps shall be taken in the Circuit Court for the Seventeenth Circuit to secure relief within twenty (20) days.

(6)

Whenever any resolution providing for the construction or reconstruction of assessable improvements and for the levying of special assessments upon benefited property for the payment thereof shall have been confirmed, as hereinabove provided, or at any time thereafter, the governing board may issue assessment bonds payable out of such assessments when collected. Said bonds shall mature not later than two (2) years after the last installment in which said special assessments may be paid, as provided in subsection (10), and shall bear interest at not exceeding eight (8) per cent per annum. Such assessment bonds shall be executed, shall have such provisions for redemption prior to maturity, shall be sold in the manner and be subject to all of the applicable provisions contained in this chapter for revenue bonds, except as the same are inconsistent with the provisions of this section. The amount of such assessment bonds for any assessable improvement to be issued, after the confirmation of the preliminary assessment roll provided for in subsection (9), including any assessment bonds theretofore issued, shall not exceed the amount of special assessments actually confirmed and levied by the governing board as provided in subsection (9). Such assessment bonds shall be payable from the proceeds of the special assessments levied for the assessable improvement for which such assessment bonds are issued; provided, however, that the district may also pledge the full faith and credit of the district for the payment of the principal of and interest on such assessment bonds if the issuance of such assessment bonds shall be approved in the manner provided by law.

(7)

After the passage of the resolution authorizing the construction or reconstruction of assessable improvements has been confirmed as provided in subsection (4), the district may proceed with the construction or reconstruction work in accordance with the provisions of this chapter. Promptly after the completion of the work, the engineer for the district, who is hereby designated as the official of the district to make preliminary assessment of benefits from assessable improvements, shall prepare a preliminary assessment roll and file the same with the governing board, which roll shall contain the following:

a.

A description of the lots and parcels of land or property within the district which will benefit from such assessable improvements and the amount of such benefits to each such lot or parcel of land or property, and the preliminary assessment. Such lots and parcels shall include the property of the county or counties and any school district or other political subdivision within the district. There shall also be given the name of the owner of record of each lot or parcel where practicable, and a statement of the method of assessment used by such engineer.

b.

The total cost of the improvement and the amount of incidental expense.

In making such preliminary assessments the engineer may use any method of determining the amount of special benefits accruing to each lot or parcel of land or property from such assessable improvements as shall be approved by the governing board. Such special benefits may be based on an acreage assessment where benefits from such assessable improvements are equal or nearly equal for lands or property in a particular area, front footage, or any other factors which the governing board deems fair and equitable as between the different lots or parcels of land or property benefited. It shall be the duty of the engineer in making such preliminary assessment roll to view all lots or parcels of land or property to be assessed, and to determine, for the preliminary assessment roll, the amount of benefit which each lot or parcel of land or property will receive from such assessable improvements, under the method or methods prescribed by the board of supervisors, or any combination thereof.

(8)

The preliminary roll shall be advisory only and shall be subject to the action of the governing board as hereinafter provided. Upon the filing with the governing board of the preliminary assessment roll, the governing board shall publish at least once in a newspaper or newspapers published or of general circulation within Broward County, a notice stating that at a meeting of the governing board to be held on a certain day and hour, not less than fifteen (15) days from the date of such publication, which meeting may be a regular, adjourned or special meeting, all interested persons may appear and file written objections to the confirmation of such roll. Such notice shall state the class of the assessable improvements and the location thereof by terminal points, route or otherwise. The governing board shall also mail a copy of such notice to the persons, firms or corporations referred to in subsection (3) at least ten (10) days before the time for the meeting as stated in such notice, but the failure of the governing board to mail any such notice shall not constitute a valid objection to holding such meeting or to any other action taken under the authority of this section.

(9)

At the time and place stated in such notice the governing board shall meet and receive the objections in writing of all interested persons as stated in such notice. The governing board may adjourn the hearing from time to time. After the completion thereof the governing board shall either annul or sustain or modify in whole or in part the preliminary assessment as indicated on such roll, either by confirming the preliminary assessment against any or all lots or parcels described therein or by canceling, increasing or reducing the same, according to the special benefits which the governing board decides each such lot or parcel has received or will receive on account of such improvement. If any property which may be chargeable under this section shall have been omitted from the preliminary roll, or if the preliminary assessment shall not have been made against it, the board may place on such roll an apportionment to such property. The governing board shall not confirm any assessments in excess of the special benefits to the property assessed, and the assessments so confirmed shall be in proportion to the special benefits. The assessments so made shall be final and conclusive as to each lot or parcel assessed unless proper steps so taken within thirty (30) days in the Circuit Court for the Seventeenth Circuit to secure relief. If the assessment against any property shall be sustained or reduced or abated by the court, the governing board shall note that fact on the assessment roll opposite the description of the property affected thereby. The amount of the special assessment against any lot or parcel which may be reduced or abated by the court, unless the assessment upon the entire district be reduced or abated, or the amount by which such assessment is so reduced or abated, may by resolution of the governing board be made chargeable against the district at large; or, at the discretion of the governing board, a new assessment roll may be prepared and confirmed in the manner hereinabove provided for the preparation and confirmation of the original assessment roll.

(10)

Any assessment may be paid at the office of the governing board within sixty (60) days after the confirmation thereof, without interest. Thereafter all assessment shall be payable at such times, over such period of years not exceeding twenty (20) years, and in such annual or other installments, with interest at such rate not exceeding eight (8) per cent per annum on the principal amount of such assessments from the expiration of said sixty (60) days, as the governing board shall determine by resolution. The governing board may provide that any assessment may be paid at any time before due, together with interest accrued thereon to the date of prepayment, if such prior payment shall be permitted by the proceedings authorizing any assessment bonds or other obligations for the payment of which such special assessments have been pledged.

(11)

All such special assessments levied pursuant to this act may, in the discretion of the governing board, be collected by the tax collector of the county at the same time as the general county taxes are collected by the tax collector of the county, and the governing board shall, in such event, certify to the county tax collector in each year a list of all such special assessments and a description of and names of the owners of the properties against which such special assessments have been levied and the amounts due thereon in such year and interest thereon and any deficiencies for prior years. The amount to be so certified by the governing board to the county tax collector to be collected in such year may include, in the discretion of the governing board, the principal installment of such special assessments which will become due at any time in the next succeeding fiscal year, and all or any part of the interest which will become due on such special assessments during such next fiscal year, together with any deficiencies for prior years.

(12)

All assessments shall constitute a lien upon the property so assessed from the date of confirmation of the resolution ordering the improvement, of the same nature and to the same extent as the lien for general county taxes falling due in the same year or years in which such assessments or installments thereof fall due, and any assessment or installment not paid when due shall be collectible with such interest and with a reasonable attorney's fee and costs, but without penalties, by the district by proceedings in the Circuit Court for the Seventeenth Circuit to foreclose the lien of assessments as a lien for mortgages is or may be foreclosed under the laws of the state; provided that any such proceedings to foreclose shall embrace all installments of principal remaining unpaid with accrued interest thereon, which installments shall, by virtue of the institution of such proceedings, immediately become due and payable. Nevertheless, if prior to any sale of the property under decree of foreclosure in such proceedings, payment be made of the installments or installments which are shown to be due under the provisions of the resolution passed pursuant to subsection (9) and by subsection (10), and all costs including interest and attorney's fees, such payment shall have the effect of restoring the remaining installments to their original maturities, and the proceedings shall be dismissed. It shall be the duty of the district to enforce the prompt collection of assessments by the means herein provided, and such duty may be enforced at the suit of any holder of bonds issued under this chapter in the Circuit Court for the Seventeenth Circuit by mandamus or other appropriate proceedings or action. Not later than thirty (30) days after any installments are due and payable, it shall be the duty of the governing board to direct the attorney or attorneys whom the governing board shall then designate to institute action within two (2) months after such direction to enforce the collection of all special assessments for assessable improvements made under this section and remaining due and unpaid at the time of such direction. Such action shall be prosecuted in a manner and under the conditions in and under which mortgages are foreclosed under the laws of the state. It shall be lawful to join in one action the collection of assessments against any or all property assessed by virtue of the same assessment roll unless the court shall deem such joinder prejudicial to the interests of any defendant. The court shall allow a reasonable attorney's fee for the attorney or attorneys of the district, and the same shall be collectible as a part of or in addition to the costs of the action. At the sale pursuant to judgment in any such action, the district may be a purchaser to the same extent as an individual person or corporation, except that the part of the purchase price represented by the assessments sued upon and the interest thereon need not be paid in cash. Property so acquired by the district may be sold or otherwise disposed of, the proceeds of such disposition to be placed in the fund provided by subsection (13) of this section; provided, however, that no sale or other disposition thereof shall be made unless the notice calling for bids therefor to be received at a stated time and place shall have been published at least once in a newspaper or newspapers published or of general circulation in Broward County.

(13)

All assessments and charges made under the provisions of this section for the payment of all or any part of the cost of any assessable improvements for which assessment bonds shall have been issued under the provisions of this chapter, or which have been pledged as additional security for any other bonds or obligations issued under this chapter, shall be maintained in a special fund or funds and be used only for the payment of principal of or interest on such assessment bonds or other bonds or obligations.

(14)

Broward County and each school district and other political subdivision wholly or partly within the district shall possess the same power and be subject to the same duties and liabilities in respect of the special assessments under this section affecting the real estate of such county, school district or other political subdivision which private owners of real estate possess or are subject to hereunder, and such real estate of any such county, school district and political subdivision shall be subject to liens for said assessments in all cases where the same property would be subject to such liens had it at the time the lien attached been owned by a private owner.

(15)

Subject to the terms of any bonds or other obligation payable from or secured by the assessments provided for herein, the governing board may at any time and from time to time modify, in whole or in part, or revoke any plan or specification for any assessable improvement. In connection with the revision of any such plan or specification, benefits may be reassessed or additional assessments made in accordance with the provisions and procedures of this section. The governing board may at any time approve and make effective technical changes and modifications of any plan for any improvement not affecting the determination of assessed benefits or the security of bond owners.

(c)

Issuance of certificates of indebtedness based on assessments for assessable improvements;

assessment bonds.

(1)

The governing board may, after any assessments for assessable improvements are made, determined and confirmed as provided in section 36-6, issue certificates of indebtedness for the amount so assessed against the abutting property or property otherwise benefited, as the case may be, and separate certificates shall be issued against each part or parcel of land assessed, which certificates shall state the general nature of the improvement for which the said assessment is made. Said certificates shall be payable in annual installments in accordance with the installments of the special assessments for which they are issued. The governing board may determine the interest to be borne by such certificates at a rate no greater than eight (8) per centum per annum, and may sell such certificates at either private or public sale and determine the form, manner of execution and other details of such certificates. Such certificates shall recite that they are payable only from the special assessments levied and collected from the part or parcel of land against which they are issued. The proceeds of such certificates may be pledged for the payment of principal of and interest on any revenue bonds or assessment bonds issued to finance in whole or in part such assessable improvements.

(2)

The governing board may also issue assessment bonds or other obligations payable from a special fund into which such certificates of indebtedness referred to in the preceding paragraph may be deposited; or, if such certificates of indebtedness have not been issued, the governing board may assign to such special fund for the benefit of the holders of such assessment bonds or other obligations, or to a trustee for such bondholders, the assessment liens provided for in section 36-6, unless such certificates of indebtedness or assessment liens have been theretofore pledged for any bonds or other obligations authorized hereunder. In the event of the creation of such special fund and the issuance of such assessment bonds or other obligations, the proceeds of such certificates of indebtedness or assessment liens deposited therein shall be used only for the payment of the assessment bonds or other obligations issued as provided in this section 36-7. The governing board is hereby authorized to covenant with the holders of such assessment bonds or other obligations that it will diligently and faithfully enforce and collect all the special assessments and interest and penalties thereon for which such certificates of indebtedness or assessment liens have been deposited in or assigned to such fund, and to foreclose such assessment liens so assigned to such special fund or represented by the certificates of indebtedness deposited in said special fund, after such assessment liens have become delinquent and deposit the proceeds derived from such foreclosure, including interest and penalties, in such special fund, and to further make any other necessary covenants deemed necessary or advisable in order to properly secure the holders of such assessment bonds or other obligations.

(3)

All assessment bonds or other obligations issued under the provisions of this chapter, except certificates of indebtedness issued against separate parcels of land as provided in this section, shall be and constitute and have all the qualities and incidents of negotiable instruments under the law merchant and the Uniform Commercial Code.

(d)

All revenue bonds and assessments issued pursuant to this chapter shall be and constitute legal investments for state, county, municipal and all other public funds and for banks, savings banks, insurance companies, executors, administrators, trustees and all other fiduciaries, and shall also be and constitute securities eligible as collateral security for all state, county, municipal or other public funds.

(e)

The governing board is authorized to enter into agreements for the delivery of any revenue bonds or assessment bonds at one time or from time to time as full or partial payment for the services of any engineer or work done by any contractor who may have been retained or hired or been awarded a contract for the construction of all or any part of a water system; provided, however, that any such bonds so delivered for payment of such services or work performed shall have been authorized and issued in the manner provided in this chapter and shall otherwise conform to the provisions hereof.

(f)

Any contract entered into by the county shall be deemed to have been made for the benefit of any holders of bonds issued pursuant to this chapter to the extent necessary, and the terms of any such contract shall be enforceable by such bondholders in any appropriate legal proceeding. Any such contract if made with another public body or municipality shall be enforceable without the requirement of formal consideration.

(g)

As used in this chapter, the following words and terms shall have the following meanings, unless some other meaning is plainly intended:

(1)

Cost shall include the cost of construction or reconstruction, acquisition or purchase, the cost of labor, materials, machinery and equipment, cost of all lands and interests therein, property, rights, easements and franchises of any nature whatsoever, financing charges, interest prior to and during construction or acquisition and for not more than two (2) years after completion of the construction or acquisition, the creation of initial reserve funds for debt service, working capital for a reasonable period after such construction or acquisition, bond discount, cost of plans and specifications, surveys and estimates of costs and revenues, cost of engineering, financial and legal services, and all other expenses necessary or incidental in determining the feasibility or practicality of such construction, reconstruction or acquisitions; administrative expenses and such other expenses as may be necessary or incidental to the financing authorized by this chapter, and including reimbursement of the county or any other person, firm or corporation for any monies advanced in connection with any of the foregoing items of cost.

(2)

Assessable improvements shall mean that portion or portions of any facility or undertaking which the district is empowered to make or do of a local nature and of benefit to the premises or lands served thereby.

(3)

Assessment bonds shall mean bonds or other obligations secured by and payable from special assessments levied against benefited lands pursuant to this chapter.

(Sp. Acts, Ch. 61-1969, § 15; Sp. Acts, Ch. 71-581, § 1; Ord. No. 79-33, § 1, 5-16-79)