Reedy Creek Improvement District Charter

REEDY CREEK
IMPROVEMENT
DISTRICT
CHAPTER 67-764
GENERAL DRAINAGE
CHAPTER298FLORIDASTATUTES
As Applicable to Chapter 67-764
WITH INDEXES
REEDY CREEK IMPROVEMENT DISTRICT
Section Index
Section Page
1. Creation of the District Ratified and Approved, Change
of Name of District to Reedy Creek Improvement
District; Boundaries Defined _______ _____________ --------------------------- 6
2. Applicability of Certain Provisions of Chapter 298,
Florida Statutes, to the Reedy Creek Improvement
District; Inconsistent Laws Inapplicable -------------------------------- 17
3. Definitions _________________ ------------------------------------------------------------------------- 18
4. Board of Supervisors; Elections; Organization; Term of
Office; Quorum; Annual Meetings, Reports and Min-
utes ________________ _______ ______ _________ ____ ____ ____ ____ ____________________ ______________________ 21
5. Notice and Call of Meetings of Landowners; Quorum;
Adjournments; Representation at Meetings; Recall;
Taking Action without Meeting ------------------------------------------------ 23
6. Compensation of Board ------------------------------------------------------------------- 24
7. Treasurer; Deposition; Fiscal Agent -------------------------------------------- 24
8. Powers and Duties of Board of Supervisors -------------------------------- 25
9. Powers of District -------------------------- ---------------------------------------------- 26
10. Authority of the District with Respect to Roads,
Bridges, Street Lighting, etc. -------------------------------------- 30
11. Adoption, Revision and Revocation of Plan of Reclama-
tion; September 29, 1966 Stipulation with Orange
County Continued in Effect ______________________ __ 32
12. Unit Development; Powers of Board of Supervisors to
Designate Units of District and Adopt System of
Progressive Drainage by Units; Plans of Reclamation
and Financing Assessments for Each Unit; Amend-
ment of Unit Plan ------------------------------------------- 32
13. Creation of Subdistricts __ ------------------------------------------------------------- 35
14. Exercise by District of its Powers Within Municipali-
ties ------------------------------------------------------------------------------- 36
15. Furnishing Facilities and Services Within the District
Territory; Limitation on the Exercise of Powers Out-
side the District ---------------------------------------- _________ 36
16. Mandatory Use of Certain District Facilities and Serv-
ices ---------------------------------------------------------------------------------- 37
17. Maintenance of Projects across Rights-of-Way _______ 37
18. Fees, Rentals, Tolls, Fares and Charges; Procedure for
Adoption and Modification ; Minimum Revenue Re
quirements ----------------------------------------------------------- 37
19. Recovery of Delinquent Charges ____________________ 39
20. Discontinuance of Service ------------------------------------- 39
21. Agreements with Private Parties Concerning the Fur-
nishing of Facilities and Services __________________ 39
22. Within Act is Full Authority for the Establishment of
District Projects and District Finances __________ 40
Section Index
Section Page
23. Planning; Building- Codes: Safety Regulations; Platting
and Subdivisions; Zoning _____________ ---------------------------------------------- 40
24. Ad Valorern Taxes . ___ ------------------------- ----------------------------------- 47
25. Maintenance Taxes ___________________ .. ----------------------------------------- 47
26. Determining Property Values for Ad Valorern Tax Pur-
poses ___________ ._____________ ------------------------------------------------------------ 47
27. Utility Tax . _______________ --- _____ ----------------------------------------------------------- 47
28. Determining Annual Installments of Drainage Taxes ________________ 49
29. Collection of Ad Valorem Taxes; Tax Discounts _____________________ 49
30. Tax Liens ; Service Charge Liens . ____ --·---------------------------------------- 50
31. Foreclosure of Liens ___ . ______ .. -------------------------------------------------------- 50
32. Payment of Taxes and Redemption of Tax Liens by the
District; Sharing in Proceeds of Tax Sale under Sec-
tion 194.21, Florida Statutes _________________________________________ 51
33. General Obligation Bonds ___ ---------------------------------------------------------- 51
34. Revenue Bonds _________________ ------------------------------------------------------------ 52
35. Utility Service Tax Bonds ---------------------------------------- _________ 53
36. Issuance of Additional Bonds ------------------------------------------ 53
37. Refunding Bonds ---------------------------------------------------------- 53
38. Pledging Ad Valorem Taxes, Assessments and Other
Revenues and Properties as Additional Security on
Bonds --------------- - - - - - - - - - - - - - - - - - - 54
39. Lien of Pledges -------------------------------------------------- _ _ _ _ 54
40. Assessable Improvements ; Levy and Payment of Special
Assessments; Assessment Bonds and Certificates ____________________ 54
41. Issuance of Certificates of Indebtedness Based on As
sessments for Assessable Improvements; Assessment
Bonds ----------------------------------------- 60
42. Issuance of Bond Anticipation Notes ---------------------------- 62
43. Short Term Borrowings _________________________ _____ 62
44. Trust Agreements -------------------------------------- 63
45. Sale of Bonds _------------------------- 63
46. Authorization and Form of Bonds --------------------------------------------- 64
47. Increase in Maximum Allowable Interest on District
Bonds ------------·----------------------------------------------------------------- 64
48. Interim Certificates~ Replacement Certificates -------------------------- 64
49. Negotiability of Bonds ------------------------------------- ____ 65
50. Defeasance ------------------------------------------------------ 65
51. Bonds as Legal Investment or Security ---------------------------------------- 65
52. Agreements with the Florida Development Commission
and Others ------------------------------------------------------------- 65
Section Index
Section Page
53. Covenants ----------- -- ----------------------------------------- - - - - - - - 65
54. Validity of Bonds; Validation Proceedings - - - - - - 66
55. Within Act Furnishes Full Authority for Issuance of
Bonds --------------------------------------------------------------------- 66
56. Pledge by the State of Florida to the Bond Holders of
the District and to the Federal Government _______________ 67
57. Agreements with Municipalities within the District for
the Joint Discharge of Common Functions ____________________ 67
58. Cooperation Agreements with the State, Counties and
Municipalities __________________ ------------------------------------- 68
59. Contracts, Grants and Contributions ___________ 69
60. Tax Exemption ____ ______ ___________ ______________________ 69
61. Suits Against the District ________________ ---------------------------- 70
62. Action Taken on Consent of Landowners ________________ _____ 70
63. Posting of Notice in Lieu of Publication ___ ------------------------------ 70
64. Changing Boundary Lines, Annexation and Exclusion
of Lands; Creation of Municipalities Within the Ter-
ritorial Limits of the District; Limitations on the
Furnishing of Services Within Annexed Areas __________________ 70
65. Construction of District Projects ----··-------------- _ _ _ _ _ _ 72
66. Interest of Board Members in Contracts ___________ 73
67. Enforcement and Penalties ------------···--------- 73
68. Investment of Funds _______ -------·-·------------------------ 74
69. Fiscal Year of the District __ ________________________ 74
70. Severability of Provisions ____ _ ______ ________ 74
71. Liberal Construction _________ ____ __________________ 74
72. Notice -------------------------------------------· 75
73. Effective Date -------------------------------- -------------- 75
REEDY CREEK IMPROVEMENT DISTRICT NOTES
CHAPTER 67-764
House Bill No. 486
AN ACT relating to the establishment, powers and functions
of the Reedy Creek Improvement District; changing the
name of the Reedy Creek Drainage District created under
authority of Chapter 298, Florida Statutes, to the Reedy
Creek Improvement District; setting forth new territorial
boundaries of the District in Orange and Osceola Counties
and excluding certain lands from said boundaries; assuming
all lawful debts and other obligations and continuing all
proceedings for the construction of improvements and the
condemnation of land and for tax levies; providing for re
fund of taxes heretofore levied on lands excluded from the
District; making powers and authorities conferred by Chap
ter 298, Florida Statutes, applicable to the Reedy Creek Im
provement District except provisions of sections 298.07,
298.11, 298.12, 298.14, 298.15, 298.17, 298.18, 298.20, 298.23-
298.25, 298.35, 298.37-298.40, 298.401, 298.41, 298.42, 298.44-
298.46, 298.48, 298.52, 298.56, 298.57, 298.61, 298.69-298.74,
Florida Statutes, and amendments thereto; providing for
the election of a Board of Supervisors by the landown
ers within the District and for membership, term of
office, qualification, organization and compensation of the
Board of Supervisors and the filling of vacancies; providing
for meetings of the landowners and supervisors and other
procedures relating to the management and operation of the
District; providing for appointment of a treasurer, deposi
tories, fiscal agent and other officers and their qualifications,
powers and duties; providing powers and duties of the
Board of Supervisors; providing additional powers and duties
of the Reedy Creek Improvement District including the own
ership, acquisition, mortgage, lease and disposal of property
and facilities, and the furnishing of proprietary services
and facilities of all kinds, among them reclamation, drain
age, irrigation, water and flood control, erosion control, wa
ter and sewer systems, waste control and disposal systems,
airport facilities, communication, cultural, recreational and
educational facilities of all kinds, parking facilites and
meters, public transportation and utilities, streets, toll roads
and bridges, sidewalks, street lighting and related facilities,
and other projects and experimental projects; authorizing
the District to control mosquitos and other pests within and
without the District, subject to certain limitations to exer
cise exclusive jurisdiction within the District to regulate wa
ter supply and water levels and to divert waters from one
area or body of water to another, to regulate sewers and
other sanitary facilities and to impose penalties for non
compliance with District regulations, to provide fire protec
tion, to advertise, to establish conservation areas and sanc
tuaries, to exercise the power of eminent domain, and to
finance the projects and activities of the District through
bonds and other obligations; exempting properties, ease
ments and rights of .the District from eminent domain by
other public or private bodies or agencies except with con
currence of the Board of Supervisors; making the District
eligible for state assistance to flood control and water man
agement districts, navigation districts and agencies, and
1.
NOTES REEDY CREEK IMPROVEMENT DISTRICT
mosquito or pest control districts and for gasoline tax or
other gasoline or fuel tax funds available for road con
struction; granting the District the benefits and privileges
of special road and special road and bridge districts; subject
to certain exceptions, granting the Board of Supervisors ex
clusive authority with respect to the construction of public
roads within the District and the maintenance, franchizing
and regulation of toll roads; authorizing the Board of Su
pervisors to enter sale, lease or other agreements with the
State Road Department concerning the construction of roads
within the District and the joint determination with the
State Road Department of certain access and connecting
roads and extensions within the District; authorizing the
adoption, revision and revocation of plans of reclamation,
subject to existing cooperative arrangements with Orange
County; authorizing the division of the District into units
for purposes of drainage and reclamation and providing the
procedures to be followed in connection with the establish
ment and operation of a unit system of drainage and recla
mation; authorizing the creation of subdistricts; authorizing
the District to exercise its rights, powers, privileges and
authorities in municipalities located within the District; au
thorizing the District to construct and furnish proprietary
facilities and services to persons and property outside the
District boundaries subject to certain limitations; providing
authority to require use of certain District facilities and
services and prohibiting the construction or operation of
like facilities or services without consent and approval of
the Board of Supervisors subject to criminal penalties; au
thorizing the District to maintain projects across rights-of
way within or without the District; providing authority to
set rates, fees, rentals, tolls, fares and charges, subject to
certain requirements concerning public hearings and the
sufficiency of revenues, and to make agreements and con
tracts for services without public hearing and pledge the
same as security for District bonds; providing authority to
recover delinquent charges, together with attorney's fees,
expenses and penalties, and to discontinue services; authoriz
ing agreements with private or public persons or agencies
concerning the furnishing of facilities and services and the
inclusion of other utility plants or systems as part of Dis
trict projects; granting the District exclusive authority over
District projects and budgets and providing exemption of
District projects and activities and the District budget and
finances from other regulatory laws and authorities, subject
to certain limitations; exempting the area of the District
from county zoning, building and construction, platting, sub
division, safety, sanitary and like codes and regulations
and from state law pertaining to land use regulation, zoning
and building codes, except to the extent that the Board of
Supervisors may designate District areas subject to county
codes and regulations; authorizing the District to adopt
zoning, building and construction, platting, subdivision,
safety, sanitary and like codes and regulations with respect
to areas within the District including incorporated munici
palities, subject to certain limitations; authorizing the Dis
trict to adopt and revise a comprehensive general plan for
physical development of the area within the District, build-
2.
ing codes and other safety and sanitary codes, and to re
quire building permits; requiring the approval by the Board
of Supervisors and recording of plats, and making the fail
ure to comply with such requirements a misdemeanor and
subject to other penalties; authorizing the Board of Super
visors to adopt rules and regulations with respect to plat
ting; authorizing the Board of Supervisors to vacate plats;
requiring subdivision plans to be approved by the Board of
Supervisors and authorizing the Board to adopt subdivision
regulations; authorizing the Board of Supervisors to adopt
zoning regulations; authorizing the Board of Supervisors to
grant variances and waivers with respect to subdivision,
platting, recording, zoning and other regulations; authoriz
ing the Board of Supervisors to set up a planning and zoning
commission and a zoning board of adjustment and to pre
scribe the powers, duties, organization and functioning of
the same; providing power and authority to levy ad valorem
taxes based on county assessed valuation not to exceed thirty
(30) mills on the dollar per annum; providing power and
authority to levy a maintenance tax under section 298.54,
Florida Statutes, and a ·special ad valorem maintenance tax
not to exceed ten (10) mills on the dollar per annum; pro
viding power and authority to levy utility taxes not to ex
ceed ten per cent (10%) of the payments received by- the
seller, the method of collection of the same, and criminal
and other penalties for violation of District regulations per
taining thereto; providing for determination of annual in
stallments of drainage taxes; providing for collection of
taxes by certification to the respective boards of county
commissioners of Orange and Osceola Counties and assess
ment and collection of taxes by county tax assessors and
collectors or as otherwise directed by the Board of Super
visors; providing for tax discounts and penalties; establish
ing tax and other liens and procedures for the foreclosure
of liens; authorizing the District to pay taxes and redeem
tax sales certificates with respect to property in the District
and to participate in the proceeds of tax sales; providing
power to issue general obligation bonds, revenue bonds, util
ity service tax bonds and refunding bonds; providing for
the pledge of taxes, assessments, revenues and other prop
erties as security to the payment of bonds; providing for
the lien of pledges of revenues, taxes and assessments; pro
viding for the making of special assessments for improve
ments and the procedure to be followed in connection there
with; providing for the collection of special assessments and
the foreclosure of delinquent assessments or installments, in
cluding acceleration of payment and recovery of attorney's
fees and costs; providing power to issue assessment certifi
cates and bonds; providing power to issue bond anticipation
notes; providing power to make short-term borrowings and
to issue certificates of indebtedness; providing authority for
making trust agreements; providing for the sale of bonds;
providing with respect to the authorization and form of
bonds; providing for increase in maximum allowable in
terest on District bonds above six (6) per cent per annum
under certain circumstances ; providing for interim and re
placement certificates and negotiability; providing for bond
defeasance; making District bonds legal investment or se-
3.
curity for other public and private bodies; authorizing
agreements with the Florida Development Commission and
others; providing authority to make bond covenants and to
provide for the rights, remedies and security of bondhold
ers; providing for validation of bonds by publication of
notice of issuance and by validation proceedings under
Chapter 75, Florida Statutes; providing independent author
ity to issue bonds and authorizing the i!'suance of District
bonds without approval of the board of drainage commis
sioners or other public authorities; extending pledge to
bondholders and safeguarding agreements with the Fed
eral government against impairment of rights; providing
for cooperation agreements with municipalities and for the
joint discharge of common functions and the joint under
taking and financing of projects; authorizing cooperative
agreements with Federal and State governments, agencies,
subdivisions and others with respect to financial and other
contributions and loans to the District, the furnishing of
facilities and services by or to the District, and fire and
police protection; providing for tax exemption of District
properties, bonds and revenues ; providing statute of limi
tations on claims, suits or actions against the District; pro
viding for posting of notices in lieu of publication under
certain circumstances; providing for annexation of lands
to and exclusion from the District and revision of the Dis
trict boundaries; authorizing the withdrawal of lands from
the District within sixty (60) days after the effective date
of the Act; limiting the establishment of municipalities
within the area of the District and the annexation of lane
within the District by municipalities; providing for con
struction of District projects with or without competitive
bidding; subject to certain conditions, permitting supervi
sors to have an interest in corporations contracting with
the District; providing power of injunction and other re
lief for violation of District by-laws, regulations, resolutions,
rules, codes and orders; providing criminal and other pen
alties; providing for investment of funds by the District;
providing for fiscal year of the District; providing severa
bility; providing effective date.
WHEREAS, the economic progress and well-being of the
people of Florida depend in large measure upon the many visi
tors and new residents who come to Florida from other parts of
the United States and elsewhere to enjoy its beneficial climate,
scenic beauty and natural resources and the many man-made
attractions, sports and recreation facilities and economic op
portunities offered to them in Florida; and
WHEREAS, tourists and other temporary visitors have for
many years constituted a major source of income for the people
of Florida, and the growing annual inflow of such visitors, to
gether with the steady increase in the number of newcomers
making Florida their permanent home and the many new in
dustries that in recent years have been established in Florida,
are largely responsible for the unpredecented high level of pros
perity that has been attained by the people of Florida; and
WHEREAS, in order to assure the future welfare and con
tinued prosperity of Florida and its people, Florida must con
tinue to attract temporary visitors, permanent residents and
4.
new industries and offer to the public outstanding vacation,
sports and recreation facilities and residential communities;
and
WHEREAS, in light of the recent advances in technology
and the rapidly increasing speed and capacity of modern air
carriers, which have made accessible and led to the development
C'! many new year-round resorts and recreation-oriented com
munities in other states and parts of the world that vie with
Florida for the tourist trade, the maintenance of Florida's pros
perity and its leadership as a tourist state make it imperative
that appropriate measures be taken to promote the conservation
of natural resources and attractions, the creation of vacation,
sports and recreation facilities and residential communities
of high quality and the utilization of the many technological
advances achieved by American industry in developing new
concepts in community living and recreation; and
WHEREAS, the conservation of natural resources and attrac
tions, the creation of favorable conditions for the development
of high-quality vacation, sports and recreation facilities and
residential communities and the utilization of new concepts,
ideas, designs and technological advances in the establishment
of such facilities and communities are valid public purposes and
the legitimate concern of special taxing districts created· for
that purpose; and
WHEREAS, there has heretofore been established by pro
ceedings under chapter 298, Florida Statutes, a drainage dis
~rict, known as the Reedy Creek Drainage District, encompass
ing a large tract of land located in the southwestern part of
Orange County and the northwestern part of Osceola County;
and
WHEREAS, it is the intention of the Legislature through
the within enactment to supplement, expand and otherwise
modify the powers, functions and authorities of the Reedy
Creek Drainage District, which shall hereafter be known as the
Reedy Creek Improvement District, so as to enable that district
to undertake the improvements herein provided for, to promote
and create favorable conditions for the development and prac
tical application of new and advanced concepts, designs and
ideas for a recreation-oriented community and to undertake,
and enable enterprises conducted within the District to under
take, a broad and flexible program of experimentation and de
velopment; and
WHEREAS, the objectives and purposes of the Reedy Creek
Improvement District shall be to provide for the reclamation,
drainage and irrigation of land, to establish water, flood and
erosion control, to provide water and sewer systems and waste
collection and disposal facilities, to provide for mosquito and
other pest controls, to provide public airport, recreation, and
parking facilities, to advertise, to provide for public transporta
tion and public utilities, to create and maintain conservation
areas and wild-life sanctuaries within the District, to provide
streets, roads, bridges and street lighting facilities, to adopt
zoning and building codes and regulations, and to exercise all
of the other powers and authorities provided for in this Act;
. md
6.
WHEREAS, the Legislature hereby finds and declares that
the several powers and authorities provided for in this Act are
each valid and independent objectives and purposes of the
Reedy Creek Improvement District and essential to the accom
plishment of the purposes of this Act; and
WHEREAS, the Legislature further finds and declares that
the purposes of this Act cannot be realized except through a
special taxing district having the powers hereinafter provided
and that the operation of the District and its facilities and
services and the exercise by the Board of Supervisors of the
District of the powers and authorities provided for herein are
necessary for the convenience, comfort and welfare of the Dis
trict and all its inhabitants and landowners, will benefit all
properties, persons and enterprises within the District, and con
stitute a valid public purpose;
NOW, THEREFORE,
Be It Enacted by the Legislature of the State of Florida:
Section 1. Section 1. Creation of the District Ratified and Approved;
Change of Name of District to Reedy Creek Improvement Dis
trict; Boundaries Defined.-The decree of the Circuit Court in
and for the Ninth Judicial Circuit of the State of Florida, en
tered in chancery No. 66-1061, on the 13th day of May, 1966,
creating and incorporating the Reedy Creek Drainage District
as a public corporation of this State, and all subsequent proceed
ings taken in the Circuit Court concerning that District, are
hereby ratified, confirmed and approved, except that the bound
aries of said District henceforth shall be as provided in this
Act. The Reedy Creek Drainage District shall henceforth be
known by the name of Reedy Creek Improvement District, and
Ahall continue to be a public corporation of this State and have
perpetual existence. All lawful debts, bonds, obligations, con
tracts, franchises, promissory notes, audits, minutes, resolutions
and other undertakings of the Reedy Creek Drainage District
are hereby validated and shall continue to be valid and binding
on the Reedy Creek Improvement District in accordance with
their respective terms, conditions, covenants and tenor. All
taxes heretofore levied by the Board of Supervisors of the
Reedy Creek Drainage District on lands within the boundaries
of the Reedy Creek Improvement District shall continue to be
effective, binding and collectible and a lien on such lands in ac
cordance with the provisions of this Act, provided that any
such taxes levied on any lands within the boundaries of the
Reedy Creek Drainage District as heretofore organized but not
within the boundaries of the Reedy Creek Improvement District
as herein established shall be of no further force and effect
with respect to lands not included within the Reedy Creek Im
provement District and shall not constitute a lien on such
lands, and any such tax heretofore collected with respect to
such lands shall be refunded. Any proceeding heretofore begun
by the Reedy Creek Drainage District under chapter 298, Flor
ida Statutes, or any other law, for the construction of any im
provements, works or facilities, for the assessment of benefits
and damages or for the borrowing of money shall not be im
paired or avoided by this Act, but may be continued and com
pleted in the name of the Reedy Creek Improvement District.
All proceedings for the condemnation of land heretofore brought
by the Reedy Creek Drainage District may be continued and
6.
completed in the name of the Reedy Creek Improvement Dis
trict. The Reedy Creek Improvement District shall include
within its territorial boundaries all of the lands within the fol
lowing-described boundaries:
(1) Begin at the Southwest corner of the Northwest quarter
of the Southwest quarter of Section 6, Township 24
South, Range 28 East; then North along the west sec
tion line of said Section 6 to the West quarter corner of
Section 6; then East along the North line of the South
west quarter and the North line of the Southeast quar
ter to a point on the shore line of Lake Mabel; then
meander the shore line of Lake Mabel in a Southwest
erly direction to the South line of said Section 6; then
continue meandering the shore line of Lake Mabel in a
Southeasterly, Easterly and Northeasterly direction
across the North quarter of Section 7, Township 24
South, Range 28 East, to the North line of said Section
7; then continue meandering the shore line of Lake
Mabel in a Northeasterly direction across the Southeast
quarter of Section 6, Township 24 South, Range 28
East, to a point on said shore line which is inter
sected by the South quarter line of said Section 6; then
East along said South quarter line to the East section
line of said Section 6 ; then South along the East section
line of said Section 6 to the Southeast corner of the
Southeast quarter of said Section 6; then East along
the North section line of Section 8, Township 24 South,
Range 28 East to the point where said North section
line intersects the shore line of South Lake; then mean
der the shore line of South Lake in a Southwesterly,
Southeasterly and Northeasterly direction to a point
where the shore line of South Lake intersects the West
quarter line of Section 8, Township 24 South, Range 28
East; then South along the West quarter line of Sec
tion 8, Township 24 South, Range 28 East, and Section
17, Township 24 South, Range 28 East to the North
west corner of the Northeast quarter of the Southwest
quarter of said Section 17 ; then East along the North
line of the South half of said Section 17 to the North
west corner of the East quarter of the Southwest
quarter of said Section 17; then South along the West
line of the East quarter of the Southwest quarter to the
Northwest corner of the Southeast quarter of the South
east quarter of the Southwest quarter of said Section
17; then East along the North line of the Southeast
quarter of the Southeast quarter of the Southwest quar
ter to the Northeast corner thereof ; then North along
the quarter section line to the Northwest corner of the
Southeast quarter of said Section 17; then East along
the North line of the South half of Section 17 to the
East quarter corner of said Section 17 ; then South
along the East section line of Section 17; Township 24
South, Range 28 East, and Section 20, Township 24
South, Range 28 East to the Southwest corner of the
Northwest quarter of the Northwest quarter of Section
21, Township 24 South, Range 28 East; then East
along the North line of the Northwest quarter of the
Southwest quarter of the Northwest quarter of Section
7.
21, Township 24 South, Range 28 East, to the North
east corner thereof; then South along the East line of
the Northwest quarter of the Southwest quarter of the
N01·th west quarter to the Southeast corner thereof;
then East along the North line of the Southeast quar
ter of the Southwest quarter of the Northwest quarter
of Section 21, Township 24 South, Range 28 East to the
Northeast corner thereof; then South along the West
quarter line of Section 21, Township 24 South, Range
28 East to the Southeast corner of the Northeast quar
ter of the Northwest quarter of the Southwest quarter
of said Section 21; then West along the South line of
the North half of the Northwest quarter of the South
west quarter of Section 21 and the South line of the
North half of the Northeast quarter of the Southeast
East, to the Northwest corner of Lot 94, Munger Land
Company Subdivision of said Section 20; then South
along the West line of said Lot 94 to the North line of
the Southeast quarter of the Southeast quarter of said
Section 20; then East along the North line of the
Southeast quarter of the Southeast quarter of said Sec
tion 20 and the North line of the South half of the
Southwest quarter of Section 21, Township 24 South,
Range 28 East, to the Northwest corner of the East
quarter of the Southeast quarter of the Southwest quar
ter of said Section 21; then South along the West line
of the East quarter of the Southeast quarter of the
Southwest quarter to the Southwest corner thereof;
then East along the South line of said Section 21 to
the South quarter corner of said Section 21 ; then
North along the quarter section line to the Northwest
corner of the Southwest quarter of the Southwest quar
ter of the Southeast quarter of said Section 21; then
East along the North line of the Southwest quarter of
the Southwest quarter of the Southeast quarter to the
Northeast corner thereof; then North along the West
line of the Northeast quarter of the Southwest quarter
of the Southeast quarter of said Section 21 to the North
west corner thereof; then East along- the South quarter
line of said Section 21 to the East section line of said
Section 21; then North along the East section line of
Section 21, Township 24 South, Range 28 East to the
East quarter corner of said section, and the West quar
ter corner of Section 22, Township 24 South, Range 28
East; then East along the North line of the South half
of Section 22, Township 24 South, Range 28 East and
the North line of the South half of Section 23, Town
ship 24 South, Range 28 East to the Northeast corner
of the Northwest quarter of the Southwest quarter of
said Section 23; then South along the West quarter sec
tion line of said Section 23 to the South section line of
Section 23; then West along the South section line of
Section 23, Township 24 South, Range 28 East and
North quarter corner of Section 27, Township 24 South,
Range 28 East; then South along the East line of the
Northwest quarter of Section 27, Township 24 South,
&
Range 28 East to the Northeast corner of Lot 41,
Munger Land Company Subdivision of said Section 27;
then West along the North line of said Lot 41, 60 feet;
then Southwesterly 700 feet, more or less, to a point 85
feet West of the East line of Lot 56, Munger Land
Company Subdivision of said Section 27 on a line paral
lel to the South line of the Northwest quarter of said
Section 27 which commenced at a point on the East line
of said Lot 56 at a point 700 feet South from the
:Northeast corner of said Lot 41; then East along a line
parallel to the South line of the Northwest quarter of
said Section 27 to a point on the East line of said Lot
56 which is 700 feet South from the Northeast corner
of said Lot 41 ; then South along the East line of said
Lot 56 to a point on the shore line of Lake Bryan ; then
meander the shore line of Lake Bryan in a Southwest
erly direction to a point on the South line of the North
west quarter of Section 27, Township 24 South, Range
28 East; then West along the South line of the North
half of said Section 27 to the West quarter corner of
Section 27, and the East quarter corner of Section 28,
Township 24 South, Range 28 East; then North along
the West line of Section 27, Township 24 South, Range
28 East, to the Northwest corner of the Southwest
quarter of the Southwest quarter of the Northwest
quarter of said Section 27; then East along the South
line of Lot 48, Munger Land Company Subdivision of
said Section 27, to the Southeast corner of said Lot 48;
then North along the East line of Lot 48 to the North
quarter line of said Section 27; then West along said
North quarter line of Section 27 and the North quarter
line of Section 28, Township 24 South, Range 28 East,
to an intersection with the Westerly right-of-way line of
U. S. Interstate Highway 4; then Southwesterly along
said right-of-way line to an intersection with the
South line of the North half of the Northwest quarter
of the Southeast quarter of said Section 28 ; then West
along said South line to the Southwest corner thereof;
then South along the quarter section line to the South
west corner of the Northwest quarter of the Southeast
quarter ; then East along the South line of the North
west quarter of the Southeast quarter to the Southeast
corner of the Southwest quarter of the Northwest quar
ter of the Southeast quarter of said Section 28; then
South along the West line of Lot 102, Munger Land
Company Subdivision of said Section 28 to the South
west corner of said Lot 102, then East along the South
line of said Lot 102 to the Southeast corner thereof;
then South along the West line of Lot 124, Munger
Land Company Subdivision of said Section 28 to the
South line of said Section 28 ; then West along the
South section line of said Section 28 to the Southwest
corner of the East three-eighths of the Southwest quar
ter of said Section 28 ; then North along the West line
of the East three-eighths of the Southwest quarter of
said Section 28 to the Northwest corner thereof; then
West along the quarter section line to the West quarter
corner of said Section 28 and the East quarter corner o1'
9.
Section 29, Township 24 South, Range 28 East; then
North along the East section line of said Section 29
to the Northeast corner of the South half of the South
east quarter of the Northeast quarter of said Section
29; then West along the North line of Lot 64, Munger
Land Company Subdivision of said Section 29 to the
Northwest corner of said Lot 64; then South along the
West line of said Lot 64 to the quarter section line;
then West along said quarter section line of Section
29 to the Northwest corner of the East half of the
Southeast quarter of said Section 29; then South along
the West line of the East half of the Southeast quar
ter to the Southwest corner thereof; then West along
the South section line of Sections 29 and 30, Township
24 South, Range 28 East, to the Northeast corner of the
West half of the Northwest quarter of the Northwest
quarter of the Northeast quarter of Section 31, Town
ship 24 South, Range 28 East; then South along the
East line of said West half of the Northwest quarter of
the Northwest quarter of the Northeast quarter to the
Southeast corner thereof; then East along the North
line of the South half of the Northwest quarter of the
Northeast quarter of said Section 31 to the Northeast
corner of the West half of the Southeast quarter of the
Northwest quarter of the Northeast qt.:arter of said
Section 31 ; then South along the East line of said
West half of the Southeast quarter of the Northwest
quarter of the Northeast quarter and the East line of
the West half of the Northeast quarter of the South
west quarter of the Northeast quarter of said Section
31 to the Southeast corner thereof; then West along
the South line of the North half of the Southwest
quarter of the Northeast quarter to the Northeast cor
ner of the West half of the Southwest quarter of the
Southwest quarter of the Northeast quarter of said
Section 31; then South along the East line of said West
half of the Southwest quarter of the Southwest quarter
of the Northeast quarter to the Southeast corner thereof;
then East along the North line of the Southeast quarter
of said Section 31 to the Northeast corner of the West
half of the Northwest quarter of the Northeast quarter
of the Southeast quarter of said Section 31; then
South along the East line of the West quarter of the
Northeast quarter of the Southeast quarter to the South
east corner thereof; then West along the South line of
the Northeast quarter of the Southeast quarter of said
Section 31, to the Southwest corner thereof; then North
along the West line of the Southwest quarter of the
Northeast quarter of the Southeast quarter of said Sec
tion 31 to the Northwest corner thereof; then West
along the South line of the North half of the North
west quarter of the Southeast quarter to the Southwest
corner thereof; then South along the quarter section line
to the Northwest corner of the Southwest quarter of
the Southeast quarter; then East along the North line
the Southeast quarter to the Northeast corner thereof;
then South along the East line of the Northwest quarter
10.
of the Southwest quarter of the Southeast quarter to
the Southeast corner thereof; then West along the
South line of the Northwest quarter of the Southwest
quarter of the Southeast quarter to the Southwest cor
ner thereof; then South along the quarter section line
to the South quarter corner of said Section 31 ; then
East along the South section line of said Section 31 to
the Southwest corner of the Southeast quarter of the
Southeast quarter of said Section 31; then North along
the West line of the South half of the Southeast quarter
of the Southeast quarter of said Section 31 to the North
west corner thereof; then East along the North line of
the South half of the Southeast quarter of the South
east quarter to the Kortheast corner thereof; then
South along the East section line to the Southeast cor
ner of said Section 31, Township 24 South, Range 28
East; then East along the South section line of Section
32, Township 24 South, Range 28 East to the Southeast
corner of the West half of the Southwest quarter of the
Southwest quarter of Section 32, Township 24 South,
Range 28 East; then North along the East line of the
West half of the Southwest quarter of the Southwest
quarter of said Section 32 to the Northeast corner of
Lot 114, Munger Land Company Subdivision of said
Section 32; then East along the North line of Lots 115,
116 and 117, Munger Land Company Subdivision of
Northeast corner of said Lot 117; then South along
the East line of Lot 117 to the South line of said Section
32; then East along the South section line of Section
32, Township 24 South, Range 28 East to a point where
said South section line is intersected by the North right
of-way line of U. S. Interstate Highway 4; then South
westerly along the North right-of-way line of U. S. In
terstate Highway 4 to a point where said North right
of-way line intersects the East section line of Section 6,
Township 25 South, Range 28 East; then South along
the East section line of said Section 6 to the Southeast
corner of said Section 6; then East along the North
section line of Section 8, Township 25 South, Range 28
East and Section 9, Township 25 South, Range 28 East
to the Northeast corner of the Northwest quarter of
the Northwest quarter of Section 9, Township 25 South,
Range 28 East; then South along the West quarter
section line of said Section 9 to a point where the
West quarter section line of said section intersects
the South quarter section line of said section; then
East along the South quarter section line of Section 9,
Township 25 South, Range 28 East to the Northwest
corner of the Southeast quarter of the Southeast quarter
of Section 9, Township 25 South, Range 28 East; then
South along the West line of the Southeast quarter of
the Southeast quarter of said Section 9 to the South
west corner of the Southeast quarter of the Southeast
East; then West along the South section line of said
Section 9 to the Northeast corner of the Northwest
quarter of the Northwest quarter of Section 16, Town-
11.
ship 25 South, Range 28 East; then South along the
East line of the Northwest quarter of the Northwest
quarter of said Section 16 to the Southeast corner of
the Northwest quarter of the Northwest quarter of said
Section 16; then West along the South line of the
Northwest quarter of the Northwest quarter of said
Section 16 to the Southwest corner of the Northwest
quarter of the Northwest quarter of said Section 16;
then South along the West section line of Section 16,
Township 25 South, Range 28 East to the West quarter
corner of said Section 16; then East along the North
line of the South half of said Section 16 to the North
east corner of the Southwest quarter of said Section
16; then South along the East line of the Southwest
quarter of said Section 16 to the Southeast corner of
the Northeast quarter of the Southwest quarter of said
Section 16; then West along the South quarter section
line of said Section 16 to the Northwest corner of the
the Southwest quarter of the Southwest quarter of
said Section 16; then South along the West section
line of Section 16, Township 25 South, Range 28 East
and Section 21, Township 25 South, Range 28 East
to the Southeast corner of Section 20, Township 25
South, Range 28 East; then West along the South sec
tion line of said Section 20 to the Southwest corner
of Section 20, Township 25 South, Range 28 East;
then South along the East section line of Section 30,
Township 25 South, Range 28 East, and Section 31,
Township 25 South, Range 28 East to the Southeast
corner of the Northeast quarter of the Southeast quar
ter of Section 31, Township 25 South, Range 28 East;
then West along the South quarter line of said Section
31 to the Southwest corner of the Northeast quarter
of the Southeast quarter of said Section 31; then North
along the West line of the Northeast quarter of the
Southeast quarter of said Section 31 to the Northwest
corner of the Northeast quarter of the Southeast
quarter of said Section 31; then West along the North
line of the South half of said Section 31 to a point on
said North line equal distance between the Northeast
corner and the Northwest corner of the Northwest
quarter of the Southeast quarter of said Section 31;
then North to a point on the North line of said Sec
tion 31 which is equal distance between the North
east corner and the Northwest corner of the North
west quarter of the Northeast quarter of said Section
31 ; then West along the South section line of Section
30, Township 25 S.:>uth, Range 28 East, Section 25,
Township 25 South, Range 27 East and Section 26,
Township 25 South, Range 27 East to the Southwest
corner of the Southeast quarter of the Southeast quar
ter of said Section 26; then North along the West
line of said Southeast quarter of the Southeast quar
ter of Section 26 to the Northwest corner of the South
east quarter of the Southeast quarter of Section 26;
then West along the South quarter section line of said
Section 26 to the Southwest corner of the Northwest
quarter of the Southeast quarter of said Section 26;
12.
then North along the West line of the Northwest quar
ter of the Southeast quarter of Section 26 to the
Northwest corner thereof; then West along the North
line of the South half of said Section 26 to the South
west corner of Lot 14, Block B, Florida Fruit and
Truck Land Company Subdivision of Section 26, Town
ship 25 South, Range 27 East; then North along the
West line of said Lot 14 and the West line of Lot 7,
Block B, Florida Fruit and Truck Land Company Sub
division of Section 26, Township 25 South, Range 27
East to the Northwest corner of said Lot 7; then
East along the North line of said Lot 7 to the North
east corner thereof; then North along the West line of
the Southeast quarter of the Southwest quarter of Sec
tion 23, Township 25 South, Range 27 East to the South
erly right-of-way line of U. S. Interstate Highway
4; then Northeasterly along the Southerly right-of-way
line of U. S. Interstate Highway 4 to the point where
said Southerly right-of-way line intersects the North
line of the Southeast quarter of the Southwest quarter
of said Section 23; then East along the North line of
the Southeast quarter of the Southwest quarter of
said Section 23 to the Northeast corner thereof; then
North along the half-section line of Section 23, Town
ship 25 South, Range 27 East and Section 14, Township
25 South, Range 27 East to the Northeast corner of
the Southeast quarter of the Southwest quarter of said
said Section 14; then West along the North line of said
Southeast quarter of the Southwest quarter of Section
14 to a point which is 235 feet East of the Southwest
corner of the East half of the Northeast quarter of the
Southwest quarter of said Section 14; then North to
a point on the North line of the South half of said Sec
tion 14 which is 235 feet East of the Northwest cor
ner of the East half of the Northeast quarter of the
Southwest quarter of said Section 14; then West along
the North line of the South half of the said Section 14
to the Southwest corner of the East half of the South
east quarter of the Northwest quarter; then North
along the West line of the East half of the Southeast
quarter of the Northwest quarter of said Section 14 to
the North line of the Southeast quarter of the North
west quarter of said Section 14; then West along
the North line of the Southeast quarter of the
Northwest quarter of said Section 14 to the South
west corner of the East three-quarters of the Northeast
quarter of the Northwest quarter of said Section 14;
then North along the West line of the East three-quar
ters of the Northeast quarter of the Northwest quarter
of said Section 14 to the Northwest corner of the East
three-quarters of the Northeast quarter of the North
west quarter of said Section 14; then West along the
North section line of said Section 14 to the Southeast
ter of the Southwest quarter of Section 11, Township 25
South, Range 27 East; then North along the East line of
the Southwest quarter of the Southwest quarter of the
Southwest quarter of said Section 11 to the Northeast
13.
corner thereof; then West along the North line of the
Southwest quarter of the Southwest quarter of the
Southwest quarter of said Section 11 to the West sec
tion line of Section 11, Township 25 South, Range 27
East; then North along the West section line of said
Section 11 to the Northwest corner of the Southwest
quarter of the Southwest quarter of said Section 11 ;
then East to the Southwest corner of the East half of
the Southwest quarter of the Northwest quarter of the
Southwest quarter of said Section 11 ; then North along
the West line of the East half of the Southwest quarter
said Section 11 to the Northwest corner thereof; then
East to the Southwest corner of the East half of the
Northeast quarter of the Northwest quarter of the
Southwest quarter of said Section 11; then North along
the West line of the East half of the East half of the
Northwest quarter of the Southwest quarter of said
Section 11 to a point on said line 50 feet South of the
Northwest corner of the East half of the East half of
the Northwest quarter of the Southwest quarter of said
Section 11 ; then East along a line parallel to the North
line of the South half of said Section 11 to a point on
the East line of the Northwest quarter of the Southwest
quarter of said Section 11, 50 feet South of the North
east corner of the Northwest quarter of the Southwest
quarter of said Section 11; then North along the East
line of the Northwest quarter of the Southwest quarter
of said Section 11, 50 feet to the Northeast corner
thereof; then East along the North line of the South
half of said Section 11 to the Southwest corner of the
East half of the Southwest quarter of the Southeast
quarter of the Northwest quarter of said Section 11 ;
then North along the West line of the East half of the
Southwest quarter of the Southeast quarter of the
Northwest quarter of said Section 11 to the Northwest
corner thereof; then East along the North line of the
Southwest quarter of the Southeast quarter of the
Northwest quarter of said Section 11 to the Northeast
corner thereof; then North along the West line of the
East quarter of the Northwest quarter of said Section
11 to the Southwest corner of the Northeast quarter of
the Northeast quarter of the Northwest quarter of said
Section 11; then East along the South line of the North
east quarter of the Northeast quarter of the Northwest
quarter of said Section 11 to the Southeast corner
thereof; then North along the half-section line of Sec
tion 11, Township 25 South, Range 27 East, Section 2,
Towm,hip 25 South, Range 27 East and Section 35,
Township 24 South, Range 27 East to the Northeast
corner of the Southwest quarter of said Section 35;
then West along the North line of the Southwest quarter
of said Section 35 to the Southwest corner of the South
east quarter of the Northwest quarter of said Section
35; then North along the West line of the Southeast
the Northwest corner of the Southwest quarter of the
Southeast quarter of the Northwest quarter of said Sec-
14.
tion 35; then West along the North line of the Southeast
quarter of the Southwest quarter of the Northwest quar
ter of said Section 35 to the Northwest corner thereof;
then South along the West line of the Southeast quarter
of the Southwest quarter of the Northwest quarter of
said Section 35 to the Southwest corner thereof; then
West along the North line of the Southwest quarter of
said Section 35 to the West quarter corner of
said Section 35; then South along the West section line
of said Section 35 to the Southeast corner of Section 34,
Township 24 South, Range 27 East; then West along
the South section line of Section 34, Township 24 South,
Range 27 East to the Southeast corner of Section 33,
the East section line of said Section 33 to the Northeast
corner of the Southeast quarter of the Southeast quarter
of the Southeast quarter thereof; then West along the
North line of the Southeast quarter of the Southeast
quarter of the Southeast quarter of said Section 33 to
the Northwest corner thereof; then South along the
West line of the Southeast quarter of the Southeast
quarter of the Southeast quarter of said Section 33 to
the Southwest corner thereof; then West along the
South section line of Section 33, Township 24 South,
Range 27 East to the Southwest corner of the South
east quarter of the Southeast quarter of Section 33,
the West line of the East quarter of said Section 33 to
the Southwest corner of the Northeast quarter of the
Northeast quarter of said Section 33; then East along
the South line of the Northeast quarter of the North
east quarter of said Section 33 to the Southeast corner
thereof; then North along the East section line of said
Section 33 to the Southwest corner cf Section 27, Town
ship 24 South, Range 27 East; then East along- the
South section line of Section 27, Township 24 South,
Range 27 East to the half-section line of Section 34,
Township 24 South, Range 27 East; then South along
the half-section line of said Section 34 to the Southwest
corner of the Northwest quarter of the Northeast quar
ter of said Section 34; then East along the North quarter
section line of said Section 34 to the Southwest corner
of the East half of the Northeast quarter of the North
east quarter of said Section 34; then North along the
West line of the East half of the Northeast quarter of
the Northeast quarter of said Section 34 to the North
west corner thereof; then West along the North section
line of said Section 34 to the South quarter corner of
Section 27, Township 24 South, Range 27 East ; then
North along the half-section line of said Section 27 to
the Southeast corner of the Northeast quarter of the
Northwest quarter of said Section 27; then West along
the South line of the Northeast quarter of the North
west quarter of said Section 27 to the Southwest corner
thereof; then North along the West line of the Northeast
the Northwest corner thereof; then West along the
North section line of said Section 27 to the Southwest
16.
corner of Section 22, Township 24 South, Range 27
East; then North along the West section line of Section
22, Township 24 South, Range 27 East to the Northwest
ter of said Section 22; then East along the North line
of the Southwest quarter of the Southwest quarter of
said Section 22 to the Northeast corner thereof ; then
North along the West quarter section line of said Sec
tion 22 to the Southeast corner of the Northwest quar
ter of the Northwest quarter of said Section 22; then
West along the South line of the Northwest quarter of
the Northwest quarter of said Section 22 to the South
west corner thereof; then North along the West section
line of said Section 22 to the Northwest corner of said
Section 22; then West along the South section line of
Southwest corner of the Southeast quarter of the South
east quarter of said Section 16; then North along the
East quarter section line of said Section 16 to the South
east corner of the Southwest quarter of the Northeast
quarter of said Section 16; then West along the South
line of the Southwest quarter of the Northeast quarter
of said Section 16 to the Southwest corner thereof; then
North along the half section line of Section 16 to the
Northwest corner of the Northeast quarter of said Sec
tion 16; then East along the North section line of said
Section 16 to the Northeast corner of said Section 16;
then North along the West section line of Section 10,
Township 24 South, Range 27 East and Section 3, Town
ship 24 South, Range 27 East to the West quarter
corner of said Section 3; then East along the half sec
tion line of said Section 3 to the Northwest corner of
the Northeast quarter of the Southeast quarter of said
Section 3; then South along the West line of the
Northeast quarter of the Southeast quarter of said Sec
tion 3 to the Southwest corner thereof; then East along
the South line of the Northeast quarter of the Southeast
quarter of said Section 3 to the Southeast corner thereof;
then North along the East section line of said Section
3 to the East quarter corner of the said Section
3, then continue North 1° 16' 56" East 475.13 feet; then
South 89° 0' 35" East 1020.61 feet; then North 79° 2'
48" East 1095.42 feet; then North 54° 44' 3" East
1864.38 feet; then South 42° 14' 45" East along the
Westerly right-of-way of Reams Road 1408.11 feet; then
along the arc of a curve concave to the Northeast, hav
ing a radius of 546.86 feet and an intersection angle of
46° 21' 0" a distance of 442.39 feet; then South 88°
35' 45" East along the Southerly right-of-way of Reams
Road 341.61 feet; then South 1 ° 6' 57" West 603.75
feet to the East quarter corner of Section 2, Township
24 South, Range 27 East; then East along the South line
of the Southwest quarter of the Northwest quarter of
Section 1, Township 24 South, Range 27 East to a point
25 feet West of the Southeast corner thereof; then
North parallel to the East line of the Southwest quarter
of the Northwest quarter of said Section 1 a distance
of 598.55 feet to the Southerly right-of-way line of
16.
Reams Road; then East along said Southerly right-of
way line a distance of 100 feet; then South 2 c 4' 3"
East 523.60 feet; then North 89° 43' 41" East a distance
of 52 feet; then South 0° 12' 22" East a distance of 49
feet; then North 89° 43' 41" East a distance of 229
feet; then South 0" 12' 22" East a distance of 26 feet:
then East along the North line of the Northeast quarter
of the Southwest quarter of said Section 1 to a point
90 feet East of the Northeast corner thereof; then
South 5' 34' 38" West a distance of 911.82 feet; then
South along the East line of the Northeast quarter of
the Southwest quarter of Section 1. Township 24 South,
Range 27 East a distance of 420 feet to the Southeast
corner thereof; then East along the South quarter sec
tion line of said Section 1 to the East section line of
said Section 1 and the point of beginning,
(2) The following described parcels shall be excluded from
the District as above described:
I. The west 150 feet of the North 300 feet of Lot 112, Mun
ger Land Company Subdivision of Section 22, Township
24 South, Range 28 East; and
2. That part of the Northwest quarter of the Southeast
quarter of the Southwest quarter of Section 22, Town
ship 24 South, Range 28 East lying North of U. S. Inter
state Highway 4 and East of State Road 535; and
3. That part of Lot 109, Munger Land Company Subdi
vision of Section 22, Township 24 South, Range 28 East
lying North of U. S. Interstate Highway 4 and East of
State Road 535; and
4. Lots 43 and 44, Munger Land Company Subdivision of
Section 27, Township 24 South, Range 28 East; and
5. The North 150 feet of Lot 110 lying West of State Road
535, the North 150 feet of Lot 111 and the North 150
feet of Lot 112 (less the West 150 feet thereof), Munger
Land Company Subdivision of Section 22, Township 24
South, Range 28 East; and
6. Lot 80, Munger Land Company Subdivision of Section
29, Township 24 South, Range 28 East.
Section 2. Applicability of Certain Provisions of Chapter Section 2.
298, Florida Statutes, to the Reedy Creek Improvement Dis-
trict; Inconsistent Laws lnapplicable.-The provisions of
chapter 298, Florida Statutes, and all amendments thereto,
now existing or hereafter enacted, are hereby declared to be
applicable to the Reedy Creek Improvement District insofar
as not inconsistent with the provisions of this Act or any sub-
sequent special acts relating to the Reedy Creek Improvement
District. Except as may be otherwise provided in this Act,
the Reedy Creek Improvement District shall have all of the
powers and authorities mentioned in or conferred by chapter
298, Florida Statutes, and acts amendatory thereof. Notwith-
standing the foregoing, the provisions of sections 298.07,
298.11, 298.12, 298.14, 298.15, 298.17, 298.18, 298.20, 298.23,
298.24, 298.25, 298.35, 298.37, 298.38, 298.39, 298.40, 298.401,
298.41, 298.42, 298.44, 298.45, 298.46, 298.48, 298.52, 298.56,
17.
298.57, 298.61, 298.69, 298.70, 298.71, 298.72 298.73, 298.74,
Florida Statutes, and amendments thereto, shall not be appli
cable to the Reedy Creek Improvement District. In the event
of a conflict between the provisions of this Act and the pro
visions of any other law, now existing or hereafter enacted,
the provisions of this Act shall control to the extent of any
such conflict unless such enactment shall specifically repeal or
amend the provisions of this Act.
Section 3. Section 3. Dejinitions.-Unless the context shall indicate

otherwise, the following words as used in this Act shall have
the following meanings:
(1) "Airport facilities" means airport facilities of all
kinds including, but not limited to, landing fields, hangars,
shops, terminals, buildings and all other facilities necessary
or desirable for the landing, taking off, operating, servicing,
repairing and parking of aircraft and helicopters, and the
unloading and handling of passengers, mail, express and
freight, together with all necessary appurtenances and equip
ment and all properties, rights, easements and franchises re
lating thereto and deemed necessary or convenient by the
Board of Supervisors in connection therewith.
(2) "Assessable improvements" includes without limita
tion any and all drainage and land reclamation works and
facilities, sewer systems, storm sewers and drains, water sys
tems, streets, roads or other projects of the District, or that
portion or portions thereof, local in nature and of special
benefit to the premises or lands served thereby, and any and
all modifications, improvements and enlargements thereof.
(3) "Bond" includes "certificate", and provisions appli
cable to bonds shall be equally applicable to certificates.
"Bond" includes general obligation bonds, assessment bonds,
refunding bonds, excise tax bonds, revenue bonds, and such
other obligations in the nature of bonds as are provided for
in this Act, as the case may be.
(4) "Board of Supervisors" means the Board of Supervi
sors of the Reedy Creek Improvement District, or if such
District shall be abolished, the board, body or commission suc
ceeding to the principal functions thereof or to whom the
powers given by this Act to the Board of Supervisors shall be
given by law.
(5) "Cost", when used with reference to any project, in
cludes, but is not limited to, the expenses of determining the
feasibility or practicability of acquisition, construction or re
construction; the cost of surveys, estimates, plans and specifi
cations; the cost of acquisition, construction or reconstruc
tion; the cost of improvements; engineering, fiscal and legal
expenses and charges; the cost of all labor, materials, machin
ery and equipment; the cost of all lands, properties, rights,
easements and franchises acquired; Federal, State and local
taxes and assessments; financing charges; the creation of ini
tial reserve and debt service funds; working capital; inter
est charges incurred or estimated to be incurred on money
borrowed prior to and during construction and acquisition
and for such period of time after completion of construction
or acquisition as the Board of Supervisors may determine; the
18.
cost of issuance of bonds pursuant to this Act, including ad
vertisements and printing, the cost of any election held pur
suant to this Act and all other expenses of issuance of bonds;
discount, if any, on the sale or exchange of bonds; adminis
trative expenses; such other expenses as may be necessary or
incidental to the acquisition, construction or reconstruction
of any project or to the financing thereof, or the development
o' any lands within the District; and reimbursement of any
public or private body, person, firm or corporation for any
moneys advanced in connection with any of the foregoing
items of cost. Any obligation or expense incurred prior to the
issuance of bonds in connection with the acquisition, construc
tion or reconstruction of any project or improvements
thereon, or in connection with any other development of land
that the Board of Supervisors of the District shall determine
to be necessary or desirable in carrying out the purposes of
this Act, may be treated as a part of such cost.
( 6) "District" means the Reedy Creek Improvement Dis
trict.
( 7) "Landowner" means the owner of the freehold estate,
as appears by the deed record, including private corporations
having such an ownership interest, and shall not include re
versioners, remaindermen, trustees ( other than persons own
ing the freehold estate as of deed record) or mortgagees, who
shall not be counted and need not be notified by publication,
or served by process, but shall be represented by the present
owners of the freehold estate in any proceeding under this
Act or under chapter 298, Florida Statutes. For purposes of
this Act the landowner of condominium parcels or property
shall be the association responsible for the operation of the
condominium.
(8) "Parking facilities" means lots, garages, parking term
inals and other structures ( either single or multi-level and
either at, above or below the surface) for the off-street park
ing of motor vehicles, open to public use with or without a
fee, including, but without limiting the generality of the fore
going, facilities for trucks and buses, waiting rooms, lock
ers, and, if deemed necessary or desirable by the Board of Su
pervisors, space to be leased for such uses as the Board of
Supervisors may deem advisable, and all facilities appurtenant
thereto, including on-street parking meters, and all property
rights, easements and interests relating thereto which the
Board of Supervisors deems necessary or desirable for the con
struction or operation thereof.
(9) "Plat" means a map or drawing, depicting the division
of lands into lots, blocks, parcels, tracts, sites or other di
visions, however the same may be designated.
(10) "Project" means any development, improvement,
property, utility, facility, works, road, sidewalk, enterprise,
service or convenience, including without limitation public
transportation facilities and devices and telephone and other
communication facilities and services, now existing or here
after undertaken or established, that under the provisions of
this Act or under chapter 298, Florida Statutes, the District
is authorized to construct, acquire, undertake or furnish for
19.
its own use or for the use of any other person, firm or cor
poration, owning, leasing or otherwise using the same, for any
profit or non-profit purpose or activity, and shall include,
without limitation, such repairs, replacements, additions, ex
tensions and betterments of and to any project as may be
deemed necessary or desirable by the Board of Supervisors
to place or to maintain such project in proper condition for
the safe, efficient and economic operation thereof.
(11) "Sewer system" means any plant, system, facility or
property and additions, extensions and improvements thereto
at any future time constructed or acquired as part thereof,
useful or necessary or having the present capacity for future
use in connection with the collection, treatment, purification
or disposal of sewage, including without limitation industrial
wastes resulting from any processes of industry, manufacture,
trade or business or from the development of any natural
resources; and, without limiting the generality of the forego
ing, shall include treatment plants, pumping stations, lift sta
tions, valves, force mains, intercepting sewers, laterals, pres
sure Jines, mains and all necessary appurtenances and equip
ment, all sewer mains, laterals and other devices for the recep
tion and collection of sewage from premises connected there
with, and all real and personal property and any interest
therein, rights, easements and franchises of any nature what
soever relating to any such system and necessary or convenient
for the operation thereof.
(12) "Subdivision" means the division of a parcel of land,
whether improved or unimproved, into two or more lots of
parcels of land for the purpose, whether immediate or future,
of transfer of ownership or building development where the
subdivider advocates, proposes, suggests or exhibits a proposed
plan, map or plat of development of the land or where the sub
divider proposes to create a street, right-of-way or easement
that joins or connects to an existing public street for ingress
and egress, or to change an existing public street.
(13} "Waste collection and disposal system" means all the
facilities of the District for the collection and disposal of
garbage and other waste matter, except sewage but including
liquid waste material from septic tank and grease trap systems,
together with digested sludge from sewage treatment plants,
and shall include all such facilities, including incinerators, com
posting plants or other means of disposal constructed or ac
quired pursuant to the provisions of this Act, or hereafter con
structed or acquired by the District from any other source
whatsoever.
(14) "Water and flood control facilities" means any canals,
ditches or other drainage facilities, reservoirs, dams, levees,
sluiceways, dredging holding basins, floodways, pumping sta
tions or any other works, structures or facilities for the con
servation, control, development, utilization and disposal of
water, and any purposes appurtenant, necessary or incidental
thereto, and includes all real and personal property and any
interest therein, rights, easements and franchises of any nature
relating to any such water and flood control facilities or neces
sary or convenient for the acquisition, construction, reconstruc
tion, operation or maintenance thereof.
20.
(15) "Water system" means any plant, system, facility or
property and additions, extensions and improvements thereto
at any future time constructed or acquired as part thereof, use
ful or necessary or having the present capacity for future use
in connection with the development of sources, treatment, or
purification and distribution of water for domestic or industrial
use and, without limiting the generality of the foregoing, in
r·!udes darns, reservoirs, storage tanks, mains, lines, valves,
pumping stations, laterals, and pipes for the purpose of carry
ing water to the premises connected with such system, and all
real and personal property and any interests therein, rights,
easements and franchises of any nature whatsoever relating to
any such ,;ystem and necessary or convenient for the opera
tion thereof.
(16) References in this Act to the territorial or corporate
limits of the District mean such limits or boundaries as the
same may from time to time be expanded, contracted or other
wise revised by law or in any proceedings taken under this
Act, and any actions that may be taken by or on behalf of the
District under this Act within the limits or boundaries of the
District may be taken within such limits or boundaries as ex
panded, contracted or otherwise revised.
Section 4. Board of Supervisors; Elections; Organization; Section 4.
Term of Office; Quorum; Annual Meetings, Report and Minutes.
( 1) The Board of Supervisors of the Reedy Creek Improve
ment District shall be the governing body of the District and
shall, subject to the provisions of this Act, exercise the powers
granted to the District under this Act and under chapter 298,
Florida Statutes. The Board of Supervisors shall consist of five
(5) members, and except as otherwise provided herein each
member shall hold office for a term of four ( 4) years and until
his successor shall be chosen and shall qualify. A majority of
the members of the Board of Supervisors shall be residents of
Orange or Osceola Counties, or some adjoining county. All of
the members of the Board shall be owners of land within the
District.
(2) The election of the three (3) members of the Board of
Supervisors of the Reedy Creek Drainage District, held on
June 6, 1966, is hereby ratified, confirmed and approved. The
members of the Board of Supervisors of the Reedy Creek Drain
age District in office on the date of enactment of this Act
shall constitute members of the Board of Supervisors of the
Reedy Creek Improvement District and shall continue to hold
office until June 6, 1967 and thereafter for a term of two (2)
years commencing on June 6, 1967 and until their successors
are chosen and shall qualify.
(3) The first annual meeting of the landowners of the Dis
trict under this Act shall be held in the month of May, 1967,
for the purpose of electing two (2) supervisors for a term of
four (4) years commencing on June 6, 1967 and until their
successors are chosen and shall qualify. If for any reason such
first annual meeting cannot be held in May, 1967, then such
meeting shall be held as soon as practicable thereafter. There
after, an annual meeting of the landowners shall be held dur
ing the month of May of each year.
21.
(4) Following- the first annual meeting of the landowners,
elections of supervisors shall be held every two (2) years for
the purpose of electing two (2) or three (3) supervisors, as
the case may be, as successors to the supervisors whose terms
expire in June of such year. Each supervisor so elected shall
hold office for a term of four ( 4) years, commencing as of the
first Tuesday in June of the year of his election, and until his
successor is chosen and shall qualify. Such elections shall be
held at the annual meeting of the landowners of the District
held in such year.
(5) At all elections of supervisors, each landowner shall
be entitled to one (1) vote in person or by written proxy
for every acre of land and for every major fraction of an
acre owned by him in the District. The ownership of land
or lands aggregating in excess of one-half acre and less than
one (1) acre shall entitle the landowner to one (1) vote with
respect thereto. Except as otherwise provided hereinabove,
there shall be no more than one ( 1) vote for every acre of land
within the District, regardless of the number of fractional
or other ownership interests held therein. Ownership of one
half acre or a lesser fraction of an acre shall not entitle the
owner thereof to a vote. The person receiving the highest
number of votes for the office of supervisor shall be declared
elected. If at any meeting of the landowners more than one
( 1) office of supervisor is to be filled, a separate vote shall
be taken on each such office. Tie votes shall be decided by Jot.
( 6) All supervisors shall hold office for the terms for
which they are elected or appointed and until their successors
shall be chosen and qualify. In case of a vacancy in the office
of any supervisor, the remaining supervisor or supervisors
(even though less than a quorum) may fill such vacancy until
the sooner occurrence of (a) the next annual meeting of the
landowners, when a successor to such appointee shall be
elected by the landowners for the unexpired term, or (b) the
election by the landowners of a successor to such appointee
for the unexpired term, at a special meeting of the landown
ers called for such purpose at any time upon written request
of the landowners as provided in section 5 of this Act. In the
event any vacancy remains unfiIJed for more than thirty (30)
days after such vacancy occurs, it may be filled by Yote of
the landowners at a meeting of landowners called for such
purpose, and the person so elected shall replace any person
who may have been elected by the remaining supervisor or
supervisors after the landowners have made a written request
for such an election as provided in section 5 of this Act.
(7) As soon as practicable after each election, the Board
of Supervisors of the District shall organize by choosing one
of their number President of the Board of Supervisors and by
electing a Secretary, who need not be a member of the Board.
The Board of Supervisors shall adopt a seal which shall be
the seal of the District.
(8) A majority of the members of the Board of Supervisors
shall constitute a quorum.
(9) At each annual meeting of the landowners of the Dis
trict the Board of Supervisors shall report all work undertaken
22.
or completed during the preceding year and the status of the
finances of the District.
(10) The Board of Supervisors shall keep a permanent rec
ord book entitled "Record of Governing Board of Reedy Creek
Improvement District", in which shall be recorded minutes of
all meetings, resolutions, proceedings, certificates, bonds given
t y all employees, and any and all corperate acts, which book
shall at reasonable times be opened to public inspection. Such
record book shall be kept at an office or other regular place
of business maintained by the Board of Supervisors in Orange
or Osceola County.
( 11) Whenever any election shall be authorized or required
by this Act to be held by the landowners at any particular
or stated time or day, and if for any reason such election is
not held at such time or on such day, then in such event
the power or duty to hold such election shall not cease or
lapse, but such election shall be held thereafter when practica
ble, and in accordance with the procedures provided by this
Act.
Section 5. Notice and Call of Meetings of Landowners; Section 5.
Quorum; Adjo1trnments; Representation at Meetings; Recall;
Taking Action without Meeting.-
( 1) The Board of Supervisors shall provide for the giving
of notice of all meetings of landowners by publication once a
week for two (2) consecutive weeks prior to such meeting in
a newspaper or newspapers published or of general circula
tion in Orange and Osceola Counties. Meetings of landowners
shall be held in a public place, or any other place made avail
able for the purpose of such meeting, in Orange or Osceola
County, and the place, date and hour of holding such meeting
and the purpose thereof shall be stated in the notice. Land
owners representing a majority of the number of acres in
the District, present in person or by proxy, shall constitute a
quorum at any meeting of the landowners.
(2) The Board of Supervisors shall have the power to call
special meetings of the landowners at any time to receive re
ports of the Board of Supervisors or for such other purpose as
the Board of Supervisors maay determine. A special meeting
of the landowners may also be called at any time upon notice
as provided hereinabove at the written request of the owners
of not less than twenty-five (25) per cent in acreage of the
land ,vithin the District for the purpose of (a) filling any
vacancy on the Board of Supervisors remaining unfilled for
more than thirty (30) days after such vacancy occurs, (b) re
calling any supervisor theretofore elected or designated and
filling such vacancy for the unexpired term, or (c) taking
any other action by the landowners of the District. Such spe
cial meeting shall be called by any court of competent juris
diction in the event that the Board of Supervisors fails to do
so upon request as provided in the preceding sentence. Except
as otherwise provided in section 4 of this Act with respect
to the election of supervisors, action taken at a meeting of
the landowners shall be by the affirmative vote of the owners
of at least a majority in acreage of the land within the Dis
trict represented at such meeting.
23.
(3) If no quorum is present or represented at a meeting
of the landowners at the time and place the same is called to
be held, the landowners present and represented, although less
than a quorum, may adjourn to another time or day, and at
such 01· any subsequent adjourned meeting may, if a quorum
is then present or represented, take any action that the land
owners could have taken at the meeting or meetings so ad
journed for lack of a quorum.
( 4) At any meeting of the landowners, guardians may
represent their wards; executors and administrators may rep
resent the estate of deceased persons; trustees may represent
lands held by them in trust; and private corporations may be
represented by their duly authorized proxy. All landowners,
including guardians, executors, administrators, trustees and
corporations, may be represented and vote by proxy.
(5) Any action required or that may be taken at a meet
ing of the landowners may be taken, without a meeting or
notice of meeting being given, upon the written consent of all
of the landowners.
Section 6. Section 6. Compensation of Board.-Each supervisor
sh:ill be entitled to receive for his services a per diem of
Twenty-Five Dollars ($25.00) for each day actually engaged
in work pertaining to the District, but not in excess in any
one month of One Hundred Dollars ($100.00). In addition,
each supervisor shall receive reasonable travelling expenses
for attending the place of meeting from his residence. Unless
the Board of Supervisors by resolution otherwise provides, such
travelling expenses shall not be in excess of the amounts pro
vided by law for state and county officials.
Section 7. Section 7. TreaRurer; Depositories; Fiscal Agent.-
(!) The Board of Supervisors shall designate a person who
is a resident of the State of Florida, or a bank or trust com
pany organized under the laws of the State of Florida, as
Treasurer of the District, who shall have charge of the funds
of the District. Such funds shall be disbursed only upon the
order of or pursuant to the resolution of the Board of Super
visors by warrant or check signed by the Treasurer, or by
such other person as may be authorized by the Board of Su
pervisors. The Board of Supervisors may give the Treasurer
such other or additional powers and duties as the Board may
deem appropriate, and fix his compensation. The Board of Su
pervisors may require the Treasurer to give a bond in such
amount, on such terms and with such sureties as may be
deemed satisfactory to the Board to secure the performance
by the Treasurer of his powers and duties. The Board of
Supervisors shall audit or have audited the books of the Treas
urer at least once a year.
(2) The Board of Supervisors is authorized to select as
depositories in which the funds of the Board and of the Dis
trict shall be deposited any banking corporation organized un
der the laws of the State of Florida or under the national
banking act, doing busiess in the State of Florida, upon such
terms and conditions as to the payment of interest by such
depository upon the funds so deposited as the Board may deem
just and reasonable.
24.
(3) The State Comptroller may from time to time, adopt,
revise and rescind rules and regulations prescribing the quali
fications of depositories of funds of the District and establishing
requirements for security to be given by depositories with re
spect to such funds. In the absence of any such rules and regula
tions issued by the State Comptroller, the Board of Supervisors
may prescribe the qualifications of depositories and the re
quirements for security to be given by depositories.
(4) The Board of Supervisors may employ a fiscal agent,
who shall be either a resident of the State of Florida or a cor
poration organized under the laws of this or any other state
and authorized by such laws to act as such fiscal agent for
municipal corporations in the State of Florida and who shall
assist in the keeping of the tax books, the collection of taxes
and the remitting of funds to pay maturing bonds and coupons,
and perform such other or additional services and duties as
fiscal agent and receive such compensation as the Board of Su
pervisors may determine.
Section 8. Powers and Duties of the Board of Supervisors.
Section 8.
-Except as otherwise provided in this Act, all of the powers
and duties of the District shall be exercised by and through
the Board of Supervisors. Without limiting the generality of
the foregoing, the Board shall have the power and authority
to:
( 1) Employ engineers, contractors, consultants, attor
neys, auditors, agents, employees and representatives, as
the Board of Supervisors may from time to time determine,
on such terms and conditions as the Board of Supervisors
may approve, and fix their compensation and duties.
(2) Adopt by-laws, rules, resolutions and orders pre
scribing the powers, duties and functions of the officers
of the District, the conduct of the business of the District,
the maintenance of records, and the form of certificates
evidencing tax liens and all other documents and records
of the District. The Board may adopt administrative rules
and regulations with respect to any of the projects of the
District, on such notice and public hearing, if any, as the
Board may determine.
(3) Maintain an office at such place or places as it may
designate.
(4) Enter or direct the entry upon any lands, premises,
waters or other property subject to the requirements of
due process as to privately owned property.
( 5) Execute all contracts and other documents, adopt
all proceedings and perform all acts determined by the
Board of Supervisors to be necessary or desirable to carry
out the purposes of this Act. The Board may authorize one
or more members of the Board to execute contracts and
other documents on behalf of the Board or the District.
( 6) Establish and create such departments, boards or
other agencies as from time to time the Board of Super
visors may deem necessary or desirable in the performance
of any acts or other things necessary to the exercise of the
powers provided in this Act, and to delegate to such de-
25.
partments, boards or other agencies such administrative
duties and other powers as the Board of Supervisors may
deem necessary or desirable. The Board of Supervisors
may appoint a person to act as general manager of the
District, having such official title, functions, duties and
power as the Board may prescribe.
(7) Examine, and authorize any officer or agent of
t.he District to examine, the county tax rolls with respect
to the assessed valuation of the real and personal property
within the District.
Section 9. Section 9. Powers of the District.-In addition to and not
in limitation of the powers and authorities of the District under
chapter 298, Florida Statutes, and amendments thereto, the
District shall have the following powers:
(1) Legal Proceedings.-To sue and be sued by its name
in any court of law or in equity.
(2) Corporate Seal.-To adopt and use a corporate seal and
to alter the same at pleasure.
(3) Ownership and Disposition of Property.-To acquire
property, real, personal or mixed, within or without its terri
torial limits, in fee simple or any lesser interest or estate, by
purchase gift, devise or lease, on such terms and conditions as
the Board of Supervisors may deem necessary or desirable, and
by condemnation (subject to the limitations of subsection 5
hereinbelow), all provided that the Board of Supervisors de
termines that the use or ownership of such property is neces
sary in the furtherance of a designated lawful purpose au
thorized under the provisions of this Act or chapter 298, Flor
ida Statutes, and amendments thereto; to acquire mineral rights
and leases; to acquire title to submerged lands and riparian
rights and easements or rights-of-way with or without restric
tions within or without the limits of the District; to accept the
dedication of streets and other rights-of-way on such terms
and conditions as the Board of Supervisors may approve; to
make purchase money mortgages and deed trusts and other
forms of encumbrance on any property acquired by the Dis
trict and to purchase property subject to purchase money mort
gages, or other encumbrances; and to mortgage, hold, man
age, control, convey, lease, sell, grant or otherwise dispose of
the same, and of any of the assets and properties of the Dis
trict, with or without consideration.
(4) Lease of Facilities.-Whenever deemed necessary or de
sirable by the Board of Supervisors, to lease as lessor or lessee
to or from any person, firm, corporation, association or body,
public or private, any projects of the type that the District is
authorized to undertake and facilities or property of any na
ture for the use of the District and to carry out any of the
purposes of the District, subject to the limitations of section 21
of this Act.
(5) Eminent Domain.-To exercise within or without the
territorial limits of the District the right and power of emi
nent domain in alJ cases and under all circumstances provided
for in sections 298.22 and 298.62, Florida Statutes, and amend
ments thereto. In addition to and not in limitation of the fore
going, the District may also exercise the right and power of
26.
eminent domain within the territorial limits of the District
for the purpose of condemning any real, personal or mixed
property, public or private, including without limitation prop
erty owned by any other political body or municipal corpora
tion, which the Board of Supervisors shall deem necessary for
the use of, construction or operation of any of the projects of
the District or otherwise to carry out any of the purposes of
the District. The power of condemnation shall be exercised in
.;he same manner as is now provided by the general laws of
the State. In any proceeding under this Act or under chapter
298, Florida Statutes, for the taking of property by eminent
domain or condemnation, the Board of Supervisors is authorized
to file declaration of taking immediate possession of the prop
erty before the final trial by making deposit as to value as
provided by the general statutes, and shall have all the benefits
provided by chapters 73 and 74, Florida Statutes, and amend
ments thereto, or any other statutes of the State of Florida
which give the right to immediate taking and possession. No
public or private body, and no agency or authority of the State
or any political subdivision thereof, shall exercise the power
of eminent domain or condemnation with respect to any of the
properties, easements or· rights owned by the District and ly
ing within the District except with the concurrence of the
Board of Supervisors of the District, which shall not be unrea
sonably withheld.
( 6) Reclamation; Drainage; Irrigation.-To adopt a plan
of reclamation, and to own, acquire, construct, reconstruct,
equip, operate, maintain, extend and improve canals, ditches,
drains, dikes, levees, pumps, plants and pumping systems and
other works for drainage purposes, and irrigation works, ma
chinery and plants.
(7) Water and Flood Control; Erosion Control; Eligibility
for State Assistance.-To own, acquire, construct, reconstruct,
equip, maintain, operate, extend and improve water and flood
control facilities ; to regulate the supply and level of water
within the District; to divert waters from one area, lake, pond,
river, stream, basin, or drainage or water flood control facility
to any other area, lake, pond, river, stream, basin, or drainage
and water flood control facility; to regulate, control and restrict
the development and use of natural or artificial streams or
bodies of water, lakes or ponds; and to take all measures de
termined by the Board of Supervisors to be necessary or de
sirable to prevent or alleviate land erosion. Subject to the limi
tations of subsection 2 of section 11 of this Act, the powers
granted to the District by this subsection 7 shall be exclusive
within the area of the District of the exercise of the same or
like powers by any other public body, agency, authority or sub
division, and no other public body, agency, authority or sub
division shall within the area of the District exercise the same
or like powers as are granted to the District under this subsec
tion except upon the concurrence of the Board of Supervisors.
The Legislature hereby finds and declares the District eligible
to receive moneys, disbursements and assistance from the
State available to flood control or water management districts
and navigation districts or agencies.
(8) Water and Sewer Systems.-To own, acquire, con
struct, reconstruct, equip, operate, maintain, extend and im-
27.
prove water systems and sewer systems or combined water and
sewer systems ; to regulate the use of sewers and the supply of
water within the District and to prohibit or regulate the use
and maintenance of out-houses, privies, septic tanks or other
sanitary structures or appliances within the District; to pre
scribe methods of pretreatment of wastes not amenable to
treatment with domestic sewage before accepting such wastes
for treatment and to refuse to accept such wastes when not
sufficiently pretreated as may be prescribed, and to prescribe
penalties for the refusal of any person or corporation to so pre
treat such wastes; to sell or otherwise dispose of the effluent,
sludge or other by-products as a result of sewage treatment;
and to construct and operate connecting, intercepting or outlet
sewers and sewer mains and pipes and water mains, conduits
or pipelines in, along or under any street, alleys, highways or
other public places or ways within or without the District,
when deemed necessary or desirable by the Board of Super
visors in accomplishing the purposes of this Act.
(9) Waste Collection and Disposal.-To own, acquire, con
struct, reconstruct, equip, operate, maintain, extend and im
prove a waste collection and disposal system, and to sell or
otherwise dispose of any effluent, residue or other by-products
of such system.
( 10) Mosquito and Pest Controls; Eligibility for State
Aid.-To establish a program for the control, abatement and
elimination of mosquitos and other noxious insects, rodents,
reptiles and other pests throughout the District and to under
take such works and construct such facilities within or with
out the District as may be determined by the Board of Su
pervisors to be needed to effectuate such program; to abate
and suppress mosquitos and other arthropods, whether disease
bearing or pestiferous, within the District or without the Dis
trict when in the judgment of the Board of Supervisors neces
sary or desirable for the health and welfare of the inhabitants
of or visitors to the District; and to take any and all tem
porary or permanent eliminative measures that the Board of
Supervisors may deem advisable. The Legislature hereby finds
and declares the District eligible to receive State funds, sup
plies, services and equipment available or that may in the
future become available to mosquito or pest control districts.
(11) Airport Facilities.-To own, acquire, construct, re
construct, equip, operate, maintain, extend and improve air
port facilities.
(12) Recreation Facilities.-To own, acquire, construct,
reconstruct, equip, operate, maintain, extend and improve
parks, playgrounds, picnic grounds camping facilities, golf
courses, athletic fields, marinas, piers, wharves, docks, harbours,
boating and fishing facilities, swimming pools, bathing beaches
and other water recreation facilities, stadiums, auditoriums,
civic centers, aquariums, libraries, museums, recreational cen
ter.a, convention ha11s and facilities, radio and television send
ing, transmission and receiving stations, community antenna
television systems, and cultural, recreational and educational
buildings, facilities and projects of all kinds and descriptions.
(13) Parking Facilities.-To own, acquire, construct, re
con.struct, equip, operate, maintain, extend and improve park-
28.
ing facilities, to install or cause to be installed parking meters
at or near the curbs of streets, roads and other public ways
within the District, and to adopt such regulations and impose
such charges in connection with any parking facilities and
parking meters as the Board of Supervisors may deem neces
sary or desirable.
(14) Fire Protection.-To own, acquire, construct, recon
struct, equip, maintain, operate, extend and improve fire con
trol facilities for the District, including fire stations, water
mains and plugs, fire trucks and other vehicles and equip
ment, and to undertake such works and construct such fa
cilities as may be determined necessary by the Board of Su
pervisors to carry out a program of fire prevention and fire
control within the District.
(15) Advertising.-To undertake a program of advertis
ing to the public and promoting the businesses, facilities and
attractions within the District and the projects of the District,
and to expend moneys and undertake such activities to carry
,mt such advertising and promotional program as the Board
of Supervisors from time to time may determine.
(16) Transportation.-To own, acquire, construct, recon
struct, equip, operate, maintain, extend and improve common,
private or contract carriers, buses, vehicles, railroads, mon
orails, airplanes, helicopters, boats and other transportation
facilities, whether now or hereafter invented or developed in
cluding without limitation novel and experimental facilities
such as moving platforms and sidewalks, as may be determined
from time to time by the Board of Supervisors to be useful
or appropriate to meet the transportation requirements of the
District and activities conducted within the District; and to
extend such transportation facilities to areas outside the Dis
trict in order to provide transportation to and from the Dis
trict.
(17) Public Utilities.-To own, acquire, construct, recon
struct, equip, operate, maintain, extend and improve electric
power plants, transmission lines and related facilities, gas
mains and facilities of any nature for the production or dis
tribution of natural gas, telephone lines, plants and systems
and other communications systems of any nature, transmission
lines and related facilities and plants and facilities for the
generation and transmission of power through nuclear fission
and other new and experimental sources of power and energy;
to purchase electric power, natural gas and other sources of
power for distribution within the District; and to develop and
operate such new and experimental public utilities, including
but not limited to centrally distributed heating and air condi
tioning facilities and services, closed-circuit television sys
tems, and computer service and facilities, as the Board of Su
pervisors may from time to time determine.
(18) Conservation Areas and Sanctuaries.-To designate,
set aside and maintain lands and areas within the District
as conservation areas or bird and wild-life sanctuaries; to
stock such areas with animal and plant life and to stock wa
ter areas with fish and other aquatic life; to promulgate and
enforce rules and regulations with respect thereto and to pro
tect and preserve the natural beauty thereof ; and to do all
29.
acts necessary or desirable in order to qualify such lands and
areas as conservation areas and sanctuaries under any of the
laws of the State or under Federal law.
(19) Issuance of Bonds.-To issue general obligation
bonds, revenue bonds, assessment bonds or any other bonds
or obligations authorized by the provisions of this Act or any
other law, or any combination of the foregoing, to pay all or
part of the cost of the acquisition, construction, reconstruc
tion, extension, repair, improvement, maintenance or opera
tion of any project or combination of projects, to provide for
any facility, service or other activity of the District and to
provide for the retirement or refunding of any bonds or obli
gations of the District, or for any combination of the forego
ing purposes.
(20) Other Powers; Research and Development.-In addi
tion to the powers specifically provided in this Act, the District
shall have the power to own, acquire, construct, reconstruct,
equip, operate, maintain, extend and improve such other proj
ects as the Board of Supervisors may in its discretion find
necessary or desirable to accomplish the purposes of this Act,
and to exercise through its Board of Supervisors all powers
necessary, convenient or proper to carry out the purposes of
this Act. In connection with any of the projects that the District
is authorized to undertake pursuant to the powers and authority
vested in it by this Act, and in order to promote the develop
ment and utilization of new concepts, designs and ideas in the
fields of recreation and community living, the District shall
have the power and authority to examine into, develop and
utilize new concepts, designs and ideas, and to own, acquire,
construct, reconstruct, equip, operate, maintain, extend and im
prove such experimental public facilities and services, includ
ing by way of example and not of limitation facilities for the
generation of power by nuclear fission, and otherwise to under
take, sponsor, finance and maintain such research activities,
experimentation and development as the Board may from time
to time determine.
Section 10. Section 10. Authority of the District with Respect to Roads,
Bridges, Street Lighting, etc.-
(1) The District shall have the powers, and shall be entitled
to the benefits and privileges under law, of special road and
special road and bridge districts. The District shall have the
right and power to own, acquire, open, extend, close, vacate,
abandon, construct, reconstruct, pave, operate, improve and
maintain highways, streets, toll roads and bridges, alleys, side
walks, promenades, boardwalks, bridges, tunnels, interchanges,
underpasses, overpasses, causeways, storm drains and public
thoroughfares of all kinds and descriptions (hereinafter col
lectively and severally referred to as "public roads") and con
nections to and extensions of any and all existing public roads
within the District, deemed necessary or convenient by the
Board of Supervisors to provide access to and efficient develop
ment of the territory within the District; to regulate and con
trol the use, encroachments in, upon, over and under, and the
obstruction thereof; to erect, maintain, from time to time
change the location of and operate toll plazas, traffic control
devices and signs and street signs; and to construct and main
tain sidewalks and street lights along public roads in the Dis-
30.
trict and elsewhere as may from time to time be deemed ap
propriate by the Board of Supervisors adequately to service the
District and its residential, park, recreational, commercial and
industrial areas.
(2) The right and authority of the District to construct, con
trol and maintain public roads and connections to and extensions
thereof now or hereafter acquired, constructed or maintained
with public funds shall be exclusive of and supercede within the
territorial limits of the District the jurisdiction and authority
of the State Road Department of Florida and of any other
agency or authority of the State or any political subdivision
thereof, except as to those portions of State Roads 530 and 535
and Interstate Highway 4 lying within the District, which shall
remain under the jurisdiction and authority of the State Road
Department. No public road within the District or any con
nection to or extensions thereof shall constitute a part of the
state highway system or the county road system unless so desig
nated by the Board of Supervisors of the District, and no agency
or authority of the State or any political subdivision thereof
shall have the power or authority, except with the concurrence
of the Board of Supervisors, to acquire, construct or maintain
public roads within the territorial limits of the District, ex
cepting State Roads 530 and 535 and Interstate Highway 4.
(3) The District shall have the right and authority exclusive
of any other agency or authority of the State or any political
subdivision thereof to contract with and franchise public or
private persons to own, acquire, open, extend, close, vacate, con
struct, pave, operate, maintain, and improve toll highways,
roads and bridges within the territorial limits of the District,
on such terms with respect to construction, maintenance, the
levy of tolls and restrictions on the use of the roadways as the
District may determine to be appropriate. No private toll road
franchised by the District and no private road connected to or
an extension of any State or any other public road within the
District shall by reason of such connection with a public road,
and when not otherwise dedicated to the use of the public, con
stitute or be deemed a public road.
( 4) The Board of Supervisors of the District shall have the
right and authority to sell or lease any road to the State Road
Department, enter lease-purchase agreements with respect
thereto with the State Road Department, and contract with the
same for the construction or maintenance of any road, on such
terms and conditions as the Board of Supervisors of the District
and the State Road Department may agree. The State Road
Department of Florida is hereby authorized and empowered to
purchase or lease any road from the District, enter lease
purchase agreements with respect to the same and construct
or maintain any road within the District pursuant to such
agreement with the Board of Supervisors of the District. The
cost of any road acquired, leased or constructed by the State
Road Department may be defrayed in whole or in part out of
the gasoline tax funds accruing to the State Road Department
for use in Orange and Osceola Counties, as the case may be,
under the provisions of Section 16 of Article IX of the Consti
tution of Florida, section 208.44, Florida Statutes, and any other
laws of the State with respect to the application of taxes levied
upon gasoline, special fuels or other like products.
31.
{5) The location, design, and construction of access roads
and connecting roads and extensions of State Roads 530 and
535 and Interstate Highway 4 within the territorial limits of
the District shall be jointly determined by the Board of Super
visors of the District and the State Road Department of Florida.
The State Road Department of Florida is authorized and em
powered to relinquish control over and transfer to the District
all of its rights, title and interest to any access roads, connect
ing roads or extensions of State Roads 530 and 535 or Interstate
Highway 4 located within the territorial limits of the District.
Section 11. Section 11. Adoption, Revision and Revocation of Plan of
Recl,amation; September 29, 1966 Sti'[J'Ul,ation with Orange
County Continued in Ejject.-
( 1) In addition to and not in limitation of its powers under
section 298.27, Florida Statutes, and amendments thereto, the
Board of Supervisors may at any time and from time to time
adopt, revoke or modify, in whole or in part, any plan of recla
mation or any plan providing for the drainage of lands within
the District, including without limitation any such plan here
tofore approved by the Circuit Court for the Ninth Circuit of
the State of Florida, and may provide for such new and addi
tional drainage facilities, canals, ditches, levees and other works
as the Board may determine. In connection with the revision
of any plan of reclamation or the providing of any new or ad
ditional drainage facilities, canals, ditches, levees or other
works, or in the event that the total taxes and assessments there
tofore levied or the funds derived from the sale of bonds are
insufficient to pay the cost of any drainage works, benefits may
be reassessed, additional assessments made and taxes levied in
accordance with the procedures provided in this Act or in chap
ter 298, Florida Statutes. The Board of Supervisors may at any
time approve and make effective technical changes or modifica
tions in any plan of reclamation or drainage not affecting as
sessed benefits, levy of taxes or the security of bondholders.
(2) The stipulation dated September 29, 1966 by and be
tween the Reedy Creek Drainage District and Orange County,
filed and entered in the proceeding pending in the Circuit Court
of the Ninth Judicial Circuit in and for Orange County, Florida,
being Case No. Chancery 66-1061, shall continue to be effective
and binding on the Reedy Creek Improvement District and
Orange County and applicable to any plan of reclamation now
or hereafter adopted by the Reedy Creek Improvement District
unless and until revised or terminated by agreement of the par
ties thereto.
Section 12. Section 12. Unit Development; Powers of Board of Super-
visors to Designate Units of District and Adopt System of Pro
gressive Drainage by Units; Pl,ans of Recl,amation and Financ
ing Assessments for Each Unit; Amendment of Unit Pl,an.-
(1) The Board of Supervisors of the District shall have the
power and is hereby authorized in its discretion to drain and
reclaim and place under water control or more completely and
intensively to drain and reclaim and place under water control
the lands in the District by designated areas or parts of the
District to be called "units." The units into which the District
may be so divided shall be given appropriate numbers or names
32.
by the Board of Supervisors, so that the units may be readily
identified and distinguished. The Board of Supervisors shall
have the power to fix and determine the location, area and
boundaries of lands to be included in each and all such units,
the order of development thereof, and the method of carrying
on the work in each unit. The unit system of drainage provided
by this section may be conducted and all of the proceedings by
this section and this Act authorized in respect to such unit or
units may be carried on and conducted at the same time as or
after the work of draining and reclaiming of the entire District
has been or is being or shall be instituted or carried on under
the provisions of this Act or under chapter 298, Florida Statutes,
or both.
(2) If the Board of Supervisors shall determine that it is ad
visable to conduct the work of draining and reclaiming the
lands in the District by units, as authorized by this section, the
Board shall, by resolution, declare its purpose to conduct such
work accordingly, and shall fix the number, location and bound
aries of and description of lands within such unit or units and
give them appropriate numbers or names. The entire District
may also be designated as a unit for the proper allocation of such
part of the plan of reclamation and drainage as benefits the en
tire District.
(3) As soon as practicable after the adoption of such resolu
tion, the Board of Supervisors shall publish notice once a week
for two (2) consecutive weeks in a newspaper or newspapers
published or of general circulation in Orange and Osceola Coun
ties, briefly describing the units into which the District has
been divided and the lands embraced in each unit, giving the
name, number or other designation of such units, requiring all
owners of lands in the District to show cause in writing before
the Board of Supervisors at a time and place to be stated in
such notice why such division of the District into such units
should not be approved, and said system of development by units
should not be adopted and given effect by the Board, and why
the proceedings and powers authorized by this section should
not be had, taken and exercised. At the time and place stated
in said notice, the Board of Supervisors shall hear all objections
or causes of objection (all of which shall be in writing) of any
landowner in the District who may appear in person or by at
torney, to the matters mentioned and referred to in such notice,
and if no objections are made, or if objections are made and
overruled by the Board, then the Board shall enter in its min
utes its finding and order confirming the resolution, and may
thereafter proceed with the development, drainage and reclama
tion of the District by units pursuant to such resolution and
to the provisions of this Act. The failure to make objection as
provided hereinabove shall constitute a waiver of such objec
tion, and if any objection shall be made and overruled or other
wise not sustained, confirmation of the resolution shall be the
final adjudication of the issues presented unless a judicial pro
ceeding is initiated within ten (10) days after such ruling as
provided hereinafter.
( 4) The Board of Supervisors may, as a result of any ob
jections or of other matters brought forth at such hearing,
modify or amend said resolution in whole or in part, confirm
said resolution after overruling all objections, or reject said
88.
resolution, and if such resolution is confirmed, modified or
amended, may proceed thereafter in accordance with said reso
lution as confirmed, modified or amended. The sustaining of
such objections and the rescinding of such resolutions shall not
exhaust the power of the Board under this section, but the
Board of Supervisors may at any time adopt other resolutions
under this section and thereupon proceed on due notice in like
manner as above provided. If the Board of Supervisors shall
overrule or refuse to sustain any such objections in whole or
in part made by any landowner in the District, or if any such
landowner shall deem himself aggrieved by any action of the
Board of Supervisors in respect to any objections so filed, such
landowner may, within ten (10) days after the ruling of the
Board, invoke the jurisdiction of the Circuit Court for the
Ninth Circuit, and such suits shall be conducted like other
chancery suits, except that said suits shall have preference over
all other pending actions except criminal actions and writs of
habeas corpus.
( 5) When said resolutions creating said unit system shall be
confirmed by the Board of Supervisors ( or by the Circuit Court
for the Ninth Circuit, if such proposed action shall be chal
lenged by a landowner by the judicial proceedings hereinabove
authorized), the Board of Supervisors may adopt a plan or plans
of reclamation for and in respect to any or all such units, and
have the benefits and damages resulting therefrom assessed and
apportioned (i) in like manner as is provided by chapter 298,
Florida Statutes, in regard to plans of reclamation for and as
sessments of benefits and damages of the entire District, or
(ii) in like manner as is provided for in section 40 of this Act
for the assessments of benefits. The Board of Supervisors shall
have the same powers in respect to each and all of such units
as is vested in them with respect to the entire District. All the
provisions of this Act shall apply to the drainage, reclamation
and improvement of each, any and all of such units, and the
enumeration of or reference to specific powers or duties of the
Supervisors or any other officers or other matters in this Act,
as hereinabove set forth, shall not limit or restrict the applica
tion of any and all of the proceedings and powers herein to the
drainage and reclamation of such units as fully and completely
as if such unit or units were specifically and expressly named
in every section and clause of this Act where the entire District
is mentioned or referred to. Unless the Board of Supervisors
by resolution otherwise provides, all assessments, levies, taxes,
bonds and other obligations made, levied, assessed or issued for
or in respect to any such unit or units shall be a lien and charge
solely and only upon the lands in such unit or units, respectively,
for the benefit of which the same shall be levied, made or is
sued, and not upon the remaining units or lands in the District.
(6) The Board of Supervisors may at any time amend its
said resolutions by changing the location and description of
lands in any such unit or units, provided that if the location of
or description of lands located in any such unit or units is so
changed, notice of such change shall be published as herein
above required in this section for notice of the formation or
organization of such unit or units, and all proceedings shall be
had and done in that regard as are provided in this section for
the original creation of such unit or units.
34.
(7) If, after the determination of benefits with respect to
any unit or units or the issuance of bonds or other obligations
which are payable from taxes or assessments for benefits levied
upon lands within such unit or units, the Board of Supervisors
finds the plan of reclamation of any such unit or units insuffi
cient or inadequate for efficient development, the plan of recla
mation may be amended or changed as provided in chapter 298,
Florida Statutes, or as provided in this Act, and the unit or
units may be amended or changed as provided in this section
by changing the location and description of lands in any such
unit or units or by detaching lands therefrom or by adding
lands thereto, but only upon the approval or consent of not less
than the holders of a majority in principal amount of such
bonds or other obligations, or such other percentage as m:iy be
required by the terms of such bonds or other obligations ( or
without such consent or approval, if the proceedings authorizing
such bonds provide that such action may be taken without the
consent or approval of the holders thereof). In the event of such
amendment or change, all assessments, levies, taxes, bonds or
other obligations made, levied, assessed, incurred or issued for
or in respect to any such unit or units shall be allocated and
apportioned to the amended unit or units in proportion to the
benefits assessed with respect to the amended plan of reclama
tion. In the event of the change of the boundaries of any ·unit
as provided herein and the allocation and apportionment to the
amended unit or units of assessments, levies, taxes, bonds and
other obligations in proportion to the benefits assessed for the
amended plan of reclamation, the holders of bonds or other
obligations heretofore issued for the original unit shall be en
titled to all rights and remedies against any lands added to the
amended unit or units as fully and to the same extent as if such
added lands had formed and constituted a part of the original
unit or units at the time of the original issuance of such bonds
or other obligations, and regardless of whether the holders of
such bonds or other obligations are the original holders thereof
or the holders from time to time hereafter, and the rights and
remedies of such holders against the lands in the amended unit
or units, including any lands added thereto, under such alloca
tion and apportionment, shall constitute vested and irrevocable
rights and remedies to the holders from time to time of such
bonds or other obligations as fully and to the same extent as if
such bonds or other obligations had been originally issued to
finance the improvements in such amended unit or units under
such amended plan of reclamation. Conversely, in the event of
the change of the boundaries of any unit whereby lands are
detached therefrom, as provided for herein, said lands so de
tached shall be relieved and released from any further liability
for the assessment, levy or payment of any taxes for the pur
pose of paying the principal or interest on any bonds originally
issued for the original unit from which said lands were de
tached.
Section 13. Creation of Subdistricts.-The Board of Super Section 13.
visors shall provide for the furnishing of the services and facili
ties authorized by this Act throughout the District or in such
part or parts thereof as the Board of Supervisors shall deter
mine. For the purpose of furnishing such services and facilities
to any part or parts of the District less than the entire area of
the District, the Board of Supervisors shall have the power to
35.
divide the District into such subdistricts, units or zones as the
Board may deem appropriate.
Section 14. Section 14. Exercise by District of its Powers Within Mu-
ni,cipalities.-The District shall have the power to exercise any
of its rights, powers, privileges and authorities in any and all
portions of the District lying within the boundaries of the City
of Bay Lake, the City of Reedy Creek, and any other municipal
corporation or other political subdivision, heretofore or here
after created or organized, whose boundaries lie wholly or
partly within the geographic limits of the District, to the same
extent and in the same manner as in areas of the District not
incorporated as part of a municipality or other political sub
division. With respect to any municipal corporation or other
political subdivision whose boundaries lie partly within and
partly without the geographic limits of the District, the Dis
trict shall have the power to exercise its rights, powers, privi
leges and authorities only within the portion of such municipal
corporation or other political subdivision lying within the
boundaries of the District, except as otherwise provided in sec
tion 15 of this Act. In the event of a conflict between the pro
visions of this Act and the powers of the District herein pro
vided for and the provisions of any charter or law, now or
hereafter enacted or adopted, establishing or pertaining to any
municipal corporation or other political subdivision whose
boundaries lie wholly or partly within the District, the pro
visions of this Act shall control in the portion of such municipal
corporation or other political subdivision which lies within the
geographic limits of the District, unless such other enactment
specifically repeals or amends this Act.
Section 15. Section 15. Furnishing Facilities and Services Within the
District Territory; Limitation on the Exercise of Powers Out
side the District.-
( I) The District shall have the power to construct, maintain
and operate its projects within the geographic limits of the
District, including any portions of the District located inside
the boundaries of any incorporated municipality or other po
litical subdivision, and to offer, supply and furnish the facili
ties and services provided for in this Act to, and to collect fees,
rentals and other charges from, persons, firms, corporations,
municipalities, counties, political subdivisions and other public
or private agencies or bodies within the geographic limits of
the District, and for the use of the District itself.
(2) The District shall have the power to construct, maintain
and operate its projects outside of the geographic limits of the
District, and to offer, supply and furnish the facilities and serv
ices provided for in this Act to, and to collect fees, rentals and
other charges from, persons, firms, corporations, municipalities,
counties, political subdivisions and other public or private agen
cies or bodies outside of the geographic limits of the District,
provided, however, that the District shall not construct any
project or offer, furnish or supply facilities and services outside
of the territorial limits of the District except upon the consent,
approval and certification of any regulatory agency or govern
ing body of the State of Florida or of any municipality or other
political subdivision thereof whose consent, approval or certifi
cation may be required by law, and provided further, that the
36.
District shall not engage in the business of furnishing telephone
service or electrical power for sale to persons, firms or corpora
tions outside of the territorial limits of the District.
Section 16. Mandatory Use of Certain District Facilities and Section 16.
Services.-The District may require all lands, buildings and
premises, and all persons, firms and corporations, within the
District or within any zone or area within such District
created for such purpose, to use the drainage and reclamation
facilities, flood control facilities, water and sewer systems and
waste collection and disposal systems of the District. Subject
to such exceptions as may be provided by the resolutions, rules
or by-laws of the Board of Supervisors, and subject to the terms
and provisions of any resolution authorizing any bonds and
agreements with bondholders, no drainage and reclamation fa
cilities, flood control facilities, water and sewer systems or waste
collection and disposal systems shall be constructed or operated
within the District unless the Board of Supervisors gives its
consent thereto and approves the plans and specifications there
for. The violation of the foregoing user requirements shall be
and constitute a misdemeanor and any person convicted in a
court of competent jurisdiction of violating the same shall be
subject to the penalties provided by section 775.07, Florida
Statutes, and amendments thereto.
Section 17. Maintenance of Projects across Rights-Of-Way.- Section 17.
The District shall have the power to construct and operate its
projects in, along or under any streets, alleys, highways or other
public places or ways, and across any drain, ditch, canal, flood
way, holding basin, excavation, railroad right-of-way, track,
grade, fill or cut, provided, however, that just compensation
shall be paid by the City for any private property taken or
damaged by the exercise of such power.
Section 18. Fees, Rentals, Tolls, Fares and Charges; Proce- Section 18.
dure for Adoption and Modification,· Minimum Revenue Re-
quirements.-
(1) The District shall have the power to prescribe, fix, estab
lish and collect rates, fees, rentals, tolls, fares or other charges
(hereinafter sometimes referred to as "revenues"), and to re
vise the same from time to time, for the facilities and services
furnished or to be furnished by the District, including but not
limited to drainage facilities, water and sewer systems, waste
collection and disposal systems, toll roads and bridges, trans
portation facilities and other public utilities, to recover the costs
of making connection with any District facility or system, and
to provide for reasonable penalties against any user or property
for any such rates, fees, rentals, tolls, fares or other charges
that are delinquent.
(2) No such rates, fees, rentals, tolls, fares or other charges
for any of the facilities or services of the District, other than
parking facilities and parking meters, shall be fixed until after
a public hearing at which all the users of the proposed facility
or services or owners, tenants or occupants served or to be
served thereby and all other interested persons shall have an
opportunity to be heard concerning the proposed rates, fees,
rentals, tolls, fares or other charges. Notice of such public bear
ing setting forth the proposed schedule or schedules of rates,
87.
fees, rentals, tolls, fares and other charges shall have been pub
lished in a newspaper or newspapers published or of general
circulation in Orange and Osceola Counties at least once at
least ten (10) days prior to such public hearing, which may be
adjourned :from time to time. After such hearing such schedule
or schedules, either as initially proposed, or as modified or
amended, may be finally adopted. A copy of the schedule or
schedules of such rates, fees, rentals, tolls, fares or charges as
finally adopted shall be kept on file in an office designated by
the Board of Supervisors and shall be open at all reasonable
times to public inspection. The rates, fees, rentals, tolls, fares
or charges so fixed for any class of users or property served
shall be extended to cover any additional users or properties
thereafter served which shall fall in the same class, without the
necessity of any notice or hearing. Any change or revision of
rates, fees, rentals, tolls, fares or charges may be made in the
same manner as the same were originally established, as here
inabove provided, except that if such changes or revisions are
made substantially pro rata as to all classes of the type of serv
ice involved no notice or hearing shall be required.
(3) Such rates, fees, rentals, tolls, fares and charges shall
be just and equitable and uniform for users of the same class,
and where appropriate may be based or computed either upon
the amount of service furnished or upon the number or average
number of persons residing or working or otherwise occupying
the premises served, or upon any other factor affecting the use
of the facilities furnished, or upon any combination of the fore
going factors, as may be determined by the Board of Super
visors on an equitable basis.
( 4) The rates, fees, rentals, tolls, fares or other charges pre
scribed shall be such as will produce revenues, together with
any other assessments, taxes, revenues or funds available or
pledged for such purpose, at least sufficient to provide for the
items hereinafter listed, but not necessarily in the order stated:
(i) to provide for all expenses of operation and maintenance of
such facility or service including reserves for such purpose (un
less the Board of Supervisors shall determine that in order to
carry out the purposes of this Act to provide novel and experi
mental facilities and services the requirements of this clause
(i) are inappropriate with respect to any such facility or serv
ice), (ii) to pay when due all bonds and interest thereon for the
payment of which such revenues are, or shall have been, pledged
or encumbered, including reserves for such purpose, and (iii) to
provide for any other funds which may be required under the
resolution or resolutions authorizing the issuance of bonds pur
suant to this Act.
( 5) The Board of Supervisors shall have the power to enter
into contracts for the use of the projects of the District and
with respect to the services and facilities furnished or to be
furnished by the District, including but not limited to service
agreements with landowners and others within or without the
District providing for the drainage of land by the District or
the furnishing of any of the other services and facilities of the
District, for such consideration and on such other terms and
conditions as the Board of Supervisors may approve. Such con
tracts and agreements shall not be subject to the provisions and
38.
limitations of subsections (2), (3) and (4) above, but (a) shall
be subject to the limitations of section 15 of this Act, (b) shall
not be entered into for a period longer than forty ( 40) years
from the effective date thereof, and (c) shall be fair and reason
able in relation to the rates, fees, rentals, tolls, fares or other
charges to be paid by other users of the facilities and services
concerned. No hearing or notice thereof shall be required prior
to the authorization or execution by the Board of Supervisors
of any such contract or agreement, and the same shall not be
subject to revision except in accordance with their terms. Such
contracts or agreements, and revenues or service charges re
ceived or to be received by the District thereunder, may be
pledged as security for any of the bonds of the District.
Section 19. Recovery of Delinquent Charges.-In the event Section 19.
that any of the rates, fees, rentals, charges or delinquent penal
ties shall not be paid as and when due and shall be in default
for thirty (30) days or more, the unpaid balance thereof and
all interest accrued thereon, together with attorney's fees and
costs, may be recovered by the District in a civil action.
Section 20. Discontinuance of Service.-In the event that the Section 20.
fees, rentals or other charges for the services and facilities of
any project are not paid when due, the Board of Supervisors
shall have the power to discontinue and shut off the same until
such fees, rentals or other charges, including interest, penalties
and charges for the shutting off and discontinuance and the
restoration of such services and facilities, are fully paid, and
for such purposes may enter on any lands, waters and premises
of any person, firm, corporation or other body, public or private,
within or without the District limits. Such delinquent fees,
rentals or other charges, together with interest, penalties and
charges for the shutting off and discontinuance and the restora
tion of such services and facilities, and reasonable attorney's
fees and other expenses, may be recovered by the District by
suit in any court of competent jurisdiction. The District may
also enforce payment of such delinquent fees, rentals or other
charges by any other lawful method of enforcement.
Section 21. Agreements With Private Parties Concerning Section 21.
the Furnishing of Facilities and Services.-The District shall
have the power to enter into agreements with any person, firm
or corporation for the furnishing by such person, firm or cor
poration of any facilities and services of the type provided for
in this Act to the District, and for or on behalf of the District
to persons, firms, corporations and other public or private bodies
and agencies to whom the District is empowered under this
Act to furnish facilities and services, and the District may by
agreement join with any public or privately owned utility plant
or system in furnishing any of the facilities or services of the
District, provided, however, that any telephone company, as
defined in section 364.02, Florida Statutes, and amendments
thereto, and any privately owned or operated electric power
company, so contracting with the District, shall be subject to
the provisions and requirements of general law pertaining to
certification and regulation of telephone and electric power
companies, and provided further that the District shall not
enter into any franchise or other agreement with any person,
firm or corporation to provide either independently, jointly
with, as agent of the District or otherwise telephone service in
89.
any area of the District as to which area such person, firm or
corporation does not hold a certificate of convenience and neces
sity from the Florida public service commission.
Section 22. Section 22. Within Act is Full Authority for the Establish-
ment of District Projects and District Finances.-
( I) The Board of Supervisors shall have exclusive jurisdic
tion and control over all of the projects of the District, including
but not limited to all drainage and reclamation facilities, water
and flood control facilities, water and sewer systems, public
utilities and transportation facilities, and over the budget and
finances of the District, including without limitation expendi
tures and appropriations, except to the extent otherwise pro
vided in this Act and except to the extent that the Board of
Supervisors may by agreement with any other public or private
body authorize the same to exercise jurisdiction or control over
any of the projects of the District. Subject to the limitations
of and as may be otherwise required in this section and in sec
tion 15 of this Act, it shall not be necessary for the District to
obtain any certificate of convenience or necessity, franchise,
license, permit or other authorization from any bureau, board,
commission or like instrumentality of the State or any political
subdivision thereof in order to construct, reconstruct, acquire,
extend, repair, improve, maintain or operate any project, and
the rates, fees, rentals, fares, tolls or other charges to be fixed
and collected with respect to the facilities and services of the
District shall not be subject to supervision, regulation or the
rate-setting power of any bureau, board, commission or other
agency of the State or any political subdivision thereof. Nothing
in this section or any other section of this Act shall be deemed
to exempt any privately owned or operated telephone company,
as defined in section 364.02, Florida Statutes, and amendments
thereto, or any privately owned or operated electric power com
pany, or any person, firm or corporation other than the District
acting either independently, jointly with, as agent of the Dis
trict or otherwise, from the provisions or requirements of any
other law pertaining to the certification or regulation of tele
phone or electric power companies, persons, firms or corpora
tions, or from the jurisdiction of the Florida public service com
mission or other regulatory agencies.
(2) Except as otherwise provided in this Act, the budget and
finances oi the District, including without limitation expendi
tures and appropriations, and the exercise by the Board of Su
pervisors of the powers herein provided, shall not be subject to
the requirements, limitations or other provisions of chapters
24746 or 26084, Florida Laws, or any other laws of the State
now or hereafter enacted pertaining to or regulating the budgets
or finances of taxing districts, and the budget and finances of
the District shall not be subject to approval or revision by or
otherwise come under the jurisdiction or authority of the Bud
get Commission for Orange County, the State Comptroller or
any other bureau, board, commission or agency of the State or
any political subdivision thereof.
Section 23. Section 23. Planning,· Building Codes; Safety Regulati&ns;
Platting and Subdivisions; Z011.ing.-
(1) Legislative Finding and Declaration.-The Legislature
hereby finds and declares that the provisions o,f this section and
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the powers accorded to the Board of Supervisors under this
section are essential to guide and accomplish the coordinated,
balanced and harmonious development of the District in ac
cordance with existing and future needs, to promote the health,
safety, morals and general welfare of the District and its in
habitants and property owners, to establish, maintain and pre
serve aesthetic values and preserve and foster the development
and display of the natural beauty and attractiveness of the Dis
trict area and of roadsides within the District, to prevent
overcrowding and congestion, to regulate traffic, to secure safety
from fire, storm, panic and other dangers, to conserve and pro
vide adequate light and air and to avoid undue concentration
of population.
(2) Exemption from County Zoning and Regulation, State
wide Zoning and Other Zoning Laws.-Anything in chapters
59-1646, 59-1673, 61-2592, 63-1705, 63-1716, 63-1731, 65-791,
65-975, 65-1171, 65-1999, 65-2004, 65-2015, 65-868, Florida
Laws, and any other laws of the State now or hereafter enacted
to the contrary notwithstanding, the jurisdiction and powers
of the Board of Supervisors with respect to the matters pro
vided for in this section shall be exclusive of any and all codes,
ordinances, requirements, plans or other regulations of the re
spective Boards of County Commissioners of Orange and
Osceola Counties or of any other agency or authority of Orange
or Osceola County with respect to zoning, building and con
struction, planning with respect to the subdividing of land,
regulation of building safety, regulation of escalators, elevators
and other lifting or transportation devices, regulation of amuse
ment and recreation parks and facilities, regulation of plumbing
and electrical installations and other safety or sanitary codes,
regulation of water supply wells and drainage well drilling, the
approval and vacating of plats and subdivisions and the regu
lation of subdivisions. The District, and all land, properties and
activities within the District, shall be exempt from any and all
such codes, ordinances, requirements, plans and regulations, and
any and all requirements for building and construction permits
and licenses pertaining to the same, now or hereafter promul
gated by the respective Boards of County Commissioners of
Orange and Osceola County, provided, however, that nothing
herein shall exempt any general contractor, electrical contrac
tor, builder, owner-builder or specialty contractor from the pro
visions and requirements of Chapters 65-1171, 65-791, 65-868,
Florida Laws, or of any other laws of the State, with respect
to examination and licensing, or from any of the fees and bonds
required of such contractors or builders by law. The Board of
Supervisors may by appropriate rule or regulation provide that
the District or such areas or parts thereof as the Board of Su
pervisors may designate from time to time, shall, for such time
or times as the Board of Supervisors may determine, remain or
become subject to such county zoning, building and safety
codes and regulations, and regulations and controls with respect
to subdivisions and plats and the vacating thereof, or any of
them, as the Board of Supervisors of the District may deter
mine. The jurisdiction and powers of the Board of Supervisors
provided for herein shall also be exclusive of any law now or
hereafter enacted providing for land use regulation, zoning or
building codes by the State of Florida or any agency or author-
41.
ity of the State, and the provisions of any such law shall not be
applicable within the territorial limits of the District. The
Board of Supervisors may exercise the powers granted to it in
this section within the city limits of any municipality now or
hereafter organized or existing within the District, except of
the governing body of such municipality has under the terms
of its charter or under law like powers as provided for herein,
in which event the authority of such municipal governing body
with respect to the matters herein provided for shall be ex
clusive within such city limits.
(3) Comprehensive Planning; Building and Safety Codes.
The Board of Supervisors shall have the power:
(a) To adopt, and from time to time review, amend, supple
ment or repeal, a comprehensive general plan for the physical
development of the area within the District in accordance with
the objectives and purposes of this Act.
(b) To adopt, and from time to time review, amend, supple
ment or repeal codes regulating building safety, elevators, es
calators and similar devices, the prevention of fire hazards,
plumbing and electrical installations, the operation of amuse
ment and recreation parks and facilities, water supply wells
and drainage wells, and such other safety or sanitary codes as
the Board of Supervisors may determine to be necessary or
desirable.
(c) To prohibit the construction, alteration, repair, removal
or demolition, or the commencement of the construction, altera
tion, repair (excepting emergency repairs), removal or demoli
tion, of any building or structure, including but not by way of
limitation public utility poles, lines, pipes and facilities, with
out first obtaining a permit from the Board of Supervisors or
such other officer or agency as the Board may designate, and
and to prescribe the procedure with respect to the obtaining of
such permit.
( d) To provide for the manner in which such comprehensive
general plans, codes, regulations and restrictions shall be de
termined, established and enforced, and from time to time
amended, supplemented, changed or repealed, with or without
notice and public hearing, as the Board of Supervisors may
determine.
(4) Recording of Plats.-
(a) Whenever land in the District is platted into lots, blocks,
parcels, tracts or other portions, however designated, for resi
dential or commercial purposes, a plat thereof shall be recorded
in the public records of Orange or Osceola Counties, as the case
may be. No such plat shaJl be recorded either as an independent
instrument or by attachment to another instrument entitled to
record unless and until it shall first be approved by the Board
of Supervisors. Any plat recorded in violation of this section
shall be invalid and subject to expungement. The recording by
or presentation for recording to any clerk of any circuit court
of any plat in violation of this section shaJl constitute a mis-
demeanor. ·
(b) The Board of Supervisors shall be authorized and em
powered to prescribe, as prerequisites to the approval for record
of any plat or plats of lands within the District, the width and
location of roads, streets, alleys, thoroughfares and ditches and
setback therefrom; to adopt, prescribe and promulgate rules
and regulations to effectuate the provisions and purposes of
this Act; to prescribe specifications and requirements for regu
lations relating to the construction of roads, streets, alleys and
drainage facilities, minimum lot sizes, maximum block sizes,
building lines, names of streets and roads, bridge construction,
water supply, sewage disposal and other related matters in
volving lands to be platted; to prescribe information to be
shown on plats, including without limitation parks, recreation
areas and open spaces; to require the furnishing to the Board
of Supervisors of a good and sufficient bond conditioned upon
the completion of the drainage, sewage, streets, roads and alleys
and other improvements shown on the plat within such time
or times as may be required by the Board of Supervisors, and
the said bond shall be approved by the Board of Supervisors.
(c) The Board of Supervisors is further granted the author
ity and discretion to waive the platting and recording of land
into lots, roads, blocks, parcels, tracts or other portions, how
ever designated, in any instance in which the Board determines
that the dividing or subdividing of the land without a recorded
plat shall not be injurious to the public health, safety, comfort,
convenience, welfare and morals of the inhabitants of the Dis
trict.
( 5) Vacating of Plats.-
(a) Plats or integrated portions or parcels of land heretofore
or hereafter platted within the District may be vacated upon
the resolution of the Board of Supervisors upon such terms and
conditions as the Board of Supervisors may prescribe by regu
lation. Such regulation may require, inter alia, the payment of
all taxes and assessments and the redemption from all outstand
ing tax sales, and the dedication to the public of all roads,
streets, alleys and other thoroughfares, however designated.
(b) Upon approval by the Board of Supervisors of the re
cording of a plat or the vacating of a plat or portions thereof,
the approval or consent to such recording or vacating shall not
be required of any other body, authority or agency of Orange
or Osceola County or any political subdivision thereof.
(6) Subdivision of Lands.-
(a) In addition to and not in limitation of any of the other
powers of the Board of Supervisors under this Act, whenever
land in the District is to be subdivided, the proposed plan for
subdivision and use of the land shall be presented to the Board
of Supervisors for its approval, in accordance with the stand
ards and provisions of this Act and in accordance with any
rules and regulations that may be adopted by the Board of Su
pervisors. The Board shall have the power to adopt subdivision
regulations providing:
I. Requirements for general information concerning existing
conditions and proposed developments as a prerequisite to the
approval of subdivision plans or plats. This information may
include without limitation data on existing covenants, land
characteristics, community facilities, and utilities and informa
tion describing the subdivision proposal, including maps and
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reports presenting the number of residential lots, typical lot
width and depth, price range, business areas, playgrounds, park
areas and other open areas, proposed protective covenants and
proposed utilities, drainage and street improvements.
2. For proper density of population and intensity of use and
the lengths, widths and shapes of blocks and lots.
3. That streets in proposed subdivisions, including streets
bordering on proposed subdivisions, shall be of specified widths
and grades and so located as to accommodate prospective traffic
to serve proposed subdivisions adequately, afford adequate light
and air, facilitate fire protection and provide access for fire
fighting equipment to buildings.
4. That such streets be properly arranged, coordinated and
integrated with existing or planned streets, roads or highways.
5. That adequate easements or rights-of-way shall be pro
vided for drainage and all utilities.
6. That the layout and design of proposed subdivisions shall
conform to a comprehensive plan adopted by the Board of Su
pervisors for the area and to measures adopted to implement
the comprehensive plan.
7. The dedication or reservation of land for streets.
8. The extent to which grounds which are to be used for
public purposes other than streets shall be dedicated or reserved
as a condition precedent to approval of any subdivision or plat.
9. That such parks, playgrounds, sites for public building or
other areas designated for public use shall be of suitable size
and location for their designated uses.
10. The conditions prerequisite to subdivision and develop
ment of lands subject to seasonal or periodic flooding.
11. The manner in which and the extent to which streets,
sidewalks, water, sewer and other utility connections or mains,
piping and any other necessary physical improvements shall be
installed, and the specifications therefor, as conditions preced
ent to final approval of the subdivision plan.
12. The requirements of covenants as a prerequisite to sub
division plan approval.
13. That sufficient and suitable monuments shall be placed to
enable the survey of the subdivision or any part thereof to be
retraced.
14. The numbering and naming of streets and the providing
of street signs.
(b) Subdivision regulations may further provide that the
Board shall not approve any subdivision plan or plat unless it
finds after full consideration of all pertinent data that the sub
division can be served adequately and economically with such
normal public facilities and services as are suitable in the cir
cumstances of the particular case.
(c) Subdivision regulations may further require as a pre
requisite to the approval of a subdivision plan that:
1. All required improvements shall be installed in accord with
the provisions of the subdivision regulations or amendments
thereto, or
2. A surety bond be executed by a company authorized to do
business in the State of Florida that is satisfactory to the Board
of Supervisors, payable to the District in sufficient amount to
assure the completion of all required improvements, and pro
viding for and securing to the public the actual construction
and installation of such improvements within a period required
by the Board and expressed in the bond. The Board is hereby
granted the power to enforce such bonds by resort to legal and
equitable remedies. As an alternative to the provision of a surety
bond, such regulations may also provide for the deposit of cash
in an escrow account whereby the Board or its agent is put in
an assured position to provide the required improvements.
(7) Variances and Waivers.-
(a) Where the Board of Supervisors finds that extraordinary
hardships may result from strict compliance with its regula
tions concerning subdivision and platting, it may vary the regu
lations so that substantial justice may be done and the public
interest secured, provided that such variation will not have the
effect of nullifying the intent and purpose of the comprehensive
general plan or the regulations of the Board.
(b) The regulations of the Board may further provide that
the standards and requirements set out in the regulations may
be modified by the Board in the case of a plan and program for
a new town which comes under the provisions of this Act, a
complete community, or a neighborhood unit, which, in the
judgment of the Board, provides adequate public spaces and
improvements for the circulation, recreation, light, air and
service needs of the tract when fully developed and populated,
and which also provides such covenants or other legal provisions
as will assure conformity with and achievement of the compre
hensive plan of the Board of Supervisors. In granting any such
modifications, the Board may require such reasonable conditions
and safeguards as will secure substantially the objectives of the
standards or requirements so modified.
(c) The Board of Supervisors may waive any or all of the
requirements of this section of the Act and the rules and regula
tions adopted thereunder, if it is determined upon the plans
and data submitted by the subdivider that compliance with this
section is not required because said plan or plat shall not co:;:i
flict with or nullify the intent and purpose of this Act. If a
waiver is granted, compliance with this section shall not be re
quired as long as the plan, plat and use of the land upon which
the waiver is granted shall not be altered, changed or modified
by the subdivider or subsequent owner. In granting variances
and modifications, the Board may require such conditions as
will in its judgment secure substantially the objectives of the
standards or requirements so varied or modified.
(8) Zoning; Planning and Zoning Commission; Zoning
Board of Adjustment.-In addition to and not in limitation of
the foregoing, the Board of Supervisors shall have the power to:
(a) Regulate, restrict and determine the location, height,
number of stories, size, cubic contents, area and design, and the
45.
erection, construction, reconstruction, alteration and repair, of
buildings and other structures for trade, industry, residence
and other purposes, and the materials used in the construction
thereof; the number, location, height, size, appearance and use
of billboards and all other advertising signs, banners, handbills
and devices; the percentage and portion of lots and land that
may be occupied or built on; setback lines, the size of yards,
courts and other open spaces; the density of population; the
use of buildings, structures, land and water for trade, industries,
residences, apartment houses and any and all other purposes;
the location, size and plan of parks and recreational areas,
schools, school sites, churches, cemeteries, burial places, com
mercial and industrial facilities, public and private utilities,
traffic, parking facilities and drainage and water control facili
ties; and to appoint inspectors.
(b) Adopt regulations to prohibit or control the pollution of
air and water, and require electrical power, telephone and other
utility lines, cables, pipes and ducts to be placed underground.
(c) Divide the District into zones or districts of such num
ber, shape and area as the Board of Supervisors may deem best
suited to carry out the purposes of this section, and within and
for each such district make regulations and restrictions as pro
vided for in subsections (a) and (b) above. All such regulations
shall be uniform throughout each district, but the regulations in
one district may differ from those in another district.
(d) Provide for the manner in which zoning regulations and
restrictions and the boundaries of zones and districts shall be
determined, established and enforced, and from time to time
amended, supplemented or repealed.
( e) In appropriate cases, and subject to such principles,
standards, rules, conditions and safeguards as may be provided
by regulation, make special exceptions to the terms of the zon
ing regulations and restrictions in harmony with their general
purpose and intent, and authorize variances from the strict ap
plication of the regulations and restrictions in such situations
and subject to such limitations as may be provided by regula
tion.
(f) Establish a Planning and Zoning Commission, and pre
scribe the powers, duties and functions of such Planning and
Zoning Commission, the requirements for membership on the
commission, the term or terms of office of members of the com
mission, the rules and procedure to be followed in proceedings
before or involving the commission and as to all other matters
affecting the organization and functioning of the commission,
and appoint the members thereof. The Board of Supervisors
may by regulation authorize the Planning and Zoning Commis
sion to discharge such of the administrative duties, powers and
functions of the Board of Supervisors with respect to zoning
as may be provided in such regulation.
(g) Hear and decide appeals from any order, requirement,
decision or determination of the Planning and Zoning Com
mission or by any administrative official in connection with any
zoning matter, hear and decide requests for special exceptions
from the terms and provisions of any planning or zoning regu
lation or restriction, and grant variances from the terms of
46.
any planning or zoning regulation or restriction in appropriate
cases. The Board of Supervisors may by regulation provide for
a Zoning Board of Adjustment to discharge any or all of the
foregoing administrative functions and duties, prescribe the re
quirements for membership on the Zoning Board of Adjust
ment, the term or terms of office, the rules and regulations for
all proceedings before or involving such Zoning Board of Ad
justment and as to all other matters affecting the organization
and functioning of the Zoning Board of Adjustment, and ap
point the members thereof.
(9) Any regulations adopted pursuant to the provisions of
this section relating to safety, health, sanitation or building
safety shall prescribe standards at least equivalent to the mini
mum standards in applicable statewide regulations protecting
the general safety and welfare of the public.
Section 24. Ad Valorem Taxes.-The Board of Supervisors Section 24.
shall have the power to levy and assess an ad valorem tax on
all the taxable real and tangible personal property in the Dis-
trict to pay the principal of and interest on any general obliga-
tion bonds of the District, to provide for any sinking or other
funds established in connection with any such bonds, and to
finance and defray the cost of any of the projects or activities
of the District authorized by the provisions of this Act or under
law. The total amount of such ad valorem taxes levied in any
year shall not be in excess of thirty (30) mills on the dollar
per annum on the assessed value of the taxable property within
the District. The ad valorem tax provided for herein shall be in
addition to county and municipal ad valorem taxes provided
for by law.
Section 25. Maintenance Taxes.-In addition to the ad Section 25.
valorem taxes authorized by section 24 of this Act, the Board
of Supervisors is authorized to levy and assess a maintenance
tax as provided for in section 298.54, Florida Statutes, and
amendments thereto, in an amount not to exceed the maximum
rate therein provided; and in addition thereto, a special ad
valorem maintenance tax on all of the taxable real and tangible
personal property in the District, at a rate not exceeding ten
(10) mills on the dollar per annum, for the purpose of defray-
ing any of the costs and expenses of the District, including but
not limited to maintenance, repair and operation of the projects
of the District, costs incurred in connection with the financing
of District projects, and costs of administration.
Section 26. Determining Property Values for Ad Valorem Section 26.
Tax Purposes.-Ad valorem taxes of the District shall be based
on the assessed valuation for county taxes of the real and per
sonal property subject to such District ad valorem taxes.
Section 27. Utility Tax.- Section 27.
(1) The District shall have the right, power and authority
by resolution of the Board of Supervisors to impose, levy and
collect on each and every purchase of electricity, metered or
bottled gas (natural, liquified, petroleum gas or manufactured),
water service, telephone service and telegraph service in its
geographic limits, a tax (straight percentage, sliding scale,
graduated or other basis) in an amount not to exceed ten (10)
per cent of the payments received by the seller of such utility
47.
service from the purchaser for the purchase of such utility
service, provided, however, that the sale of natural gas to a
public or private utility, including municipal corporations and
rural electric cooperative associations, either for resale or for
use as fuel in the generation of electricity or other forms of
power shall not be deemed to be a utility service and purchases
thereof under such circumstances shall not be taxable hereun
der. In every case the tax shall be collected from the purchaser
of such utility service and paid by such purchaser for the use
of the District to the seller of such utility service at the time of
the purchaser paying the charges therefor to the seller.
(2) It shall be the duty of every seller of such utility serv
ice, in acting as a tax collection medium or agency for the Dis
trict, to collect from the purchaser, for the use of the District,
any tax imposed and levied by resolution of the Board of Super
visors pursuant to this section, and to report and pay over to
the Board of Supervisors or such other body or officer as the
Board of Supervisors may designate all such taxes imposed,
levied and collected in accordance with the accounting and other
provisions of the resolution of the Board of Supervisors. Any
such resolution may provide that federal, state, county and mu
nicipal governments and their commissions and agencies, other
tax-supported bodies, public corporations, authorities, boards
and commissions, and churches and other charitable organiza
tions, shall be exempt from the payment of the taxes imposed
and levied thereby. In the event any such resolution imposes
such a tax on the purchase of one of the utility services de
scribed herein and a competitive utility service or services are
purchased in the District, then such resolution shall impose a
tax in like amount on the purchase of the competitive utility
service or services whether privately or publicly owned or dis
tributed; however, telephone service and telegraph service or
other forms of communication shall not be required to be con
sidered competitive services.
( 3) Any tax levied pursuant to this section shall be separate
and in addition to all other taxes, whether levied in the form
of excise, license or privilege taxes.
( 4) Any person, firm or corporation furnishing such utility
service and required to collect any such tax who shall refuse
to collect the tax or any portion thereof, shall be liable for and
pay the tax himself.
(5) Each person, firm or corporation furnishing such utility
service to users in the District may be required by resolution
of the Board of Supervisors to keep accurate records of the num
ber of such users, the amount of tax collected, and such other
information as the Board of Supervisors may require, and to
submit periodic reports of the same to the District or its agent
for collection, together with remittance of the tax. The Board
of Supervisors may prescribe the form of report and fix a date
upon which the report and tax shall be due. Any such person,
firm or corporation required to keep records, make reports, or
remit taxes who shall neglect or refuse to do so shall be guilty
of a misdemeanor.
( 6) For the purpose of compensating the person, firm or cor
poration furnishing utility services hereunder for the keeping
of records prescribed and proper accounting and remission, the
48.
Board of Supervisors is authorized to allow a credit in an
amount set by the Board to be deducted from the amount of
the tax submitted.
Section 28. Determining Annual Installments of Drainage Section 28.
Taxes.-The Board of Supervisors shall determine, order and
levy the amount of the annual installments of the total taxes
levied under section 298.36, Florida Statutes, and amendments
thereto, which shall become due and be collected during each
year.
Section 29. Collection of Ad Valorem Taxes; Tax Dis- Section 29.
counts.-
(I) The levy by the Board of Supervisors of the taxes au- '
thorized by or referred to in sections 24 and 25 of this Act shall
be by resolution of the Board entered upon the minutes of the
Board. Certified copies of such resolution executed in the name
of the Board by its chairman, or such other officer as the Board
may designate, under its corporate seal, shall be made and de
livered to the respective Boards of County Commissioners of
Orange and Osceola Counties not later than the 15th day of
June of each year in which said taxes are levied. It shall be the
duty of the respective County Commissioners of Orange and
Osceola Counties to order and require the respective county tax
assessors of said counties to assess, and the respective county
tax collectors of said counties to collect, the amount of taxes so
assessed or levied by the Board of Supervisors of the District
upon the taxable property within said District not exempt by
law, at the rate of taxation adopted by the Board of Supervisors
of the District for such year, and to include in the warrant of
the tax assessor and attach to or show the same on the assess
ment roll of taxes for such year. The said tax collectors shall
collect such taxes so levied by the Board of Supervisors of the
District in the same manner as other taxes are collected and
shall pay the same over to the Board of Supervisors of the Dis
trict within the time and in the manner prescribed by law for
the payment by the tax collector of county taxes to the county
depository. The respective county tax collectors shall include
and state separately on the official county tax bill and receipt
each year the amount of District taxes. For their services ren
dered hereunder the respective county tax assessors and col
lectors shall be compensated by the District as prescribed by
section 298.401, Florida Statutes, and amendments thereto.
(2) In lieu of the procedures prescribed in subsection (1)
above, the Board of Supervisors may by resolution direct that
any or all of the taxes of the District shall be assessed and col
lected in such manner and by such officers or employees of the
District as the Board of Supervisors may prescribe, require the
maintenance and prescribe the form of a District tax book and
of District tax bills and otherwise provide for the assessment
and collection of District taxes.
(3) The ad valorem taxes referred to and provided for in
section 24 of this Act and the maintenance and special ad
valorem maintenance taxes referred to and provided for in sec
tion 25 of this Act shall be subject to the same discounts as
county taxes. None of the other taxes referred to or provided
for in this Act or chapter 298, Florida Statutes, shall be sub
ject to discounts for early payment unless the Board of Super-
49.
visors so provides by resolution adopted at the time of the levy
ing or assessment thereof. Except as otherwise provided in this
Act, all taxes remaining unpaid after the first day in April of
the year following that for which said taxes are levied shall
be and become delinquent and bear a penalty of two (2) per
cent a month on the amount of said taxes from date of delin
quency until paid. In computing said penalty, each fractional
part of a month shall be counted as a full month.
Section 30. Section 30. Tax Liens; Service Charge Liens.-
( I) All taxes of the District provided for in this Act or chap
ter 298, Florida Statutes, together with all penalties for default
in payment of the same and all costs in collecting the same, in
cluding a reasonable attorney's fee fixed by the court and taxed
as costs in the action brought to enforce payment, shall from
January 1 for each year the property is liable to assessment and
until paid constitute a lien of equal dignity with the liens for
state and county taxes and other taxes of equal dignity with
state and county taxes upon all the real and personal property
against which such taxes shall be levied. A sale of any of the
real property within the District for state and county or other
taxes shall not operate to relieve or release the property so sold
from the lien for subsequent District taxes, or installments of
District taxes, which lien may be enforced against such prop
erty as though no such sale thereof had been made. The pro
visions of sections 192.21 and 200.02, Florida Statutes, and
amendments thereto, shall be applicable to District taxes with
the same force and effect as if said provisions were expressly
set forth in this Act.
(2) Charges and fees due or to become due under any service
agreements entered into by the District pursuant to subsection
5 of section 18 of the Act shall constitute a lien of equal dignity
with District taxes, as provided for in subsection 1 above, upon
all the real and personal property to which such service agree
ments relate or by which the same are secured, and the pro
visions of subsection 1 above shall be applicable to such charges
and fees.
Section 31. Section 31. Foreclosure of Liens.-
(1) Any lien in favor of the District arising under chapter
298, Florida Statutes, or under this Act may be foreclosed by
the District by bringing foreclosure proceedings in the name of
the District in the Circuit Court for the Ninth Circuit in like
manner as is provided in chapter 173, Florida Statutes, and
amendments thereto, and the provisions of said chapter shall
be applicable to such proceedings with the same force and effect
as if said provisions were expressly set forth in this Act. Any
act required or authorized to be done by or on behalf of a city
or town in foreclosure proceedings under chapter 173, Florida
Statutes, may be performed by such officer or agent of the Dis
trict as the Board of Supervisors may designate. Such fore
closure proceedings may be brought at any time after the ex
piration of one (1) year from the date any tax, or installment
thereof, becomes delinquent.
(2) As an alternative to the foregoing, the District may at
any time foreclose any lien for delinquent taxes or installments
thereof by a chancery action brought in the name of the Dis-
50.
trict in the Circuit Court for the Ninth Circuit. The pleadings,
process, practice and sales in such proceedings shall be the same
as in actions for the foreclosure of mortgages upon real prop
erty. One or more parcels of land may be included in the same
suit.
(3) In any foreclosure action filed by the District pursuant
to this section, the District may join as a party defendant
Orange County or Osceola County, as the case may be, for the
purpose of determining the amount of their respective tax liens.
When a county is so joined in such a foreclosure action, the
judicial sale held in such action shall operate to satisfy all
county tax liens to the date of such sale, and the net proceeds
of such sale shall be applied first against delinquent State and
county taxes and thereafter against delinquent District taxes
on the property affected. The decree of the court in any such
foreclosure action shall operate to quiet title to the property that
is the subject of the action.
Section 32. Payment of Taxes and Redemption of Tax Liens Section 32.
by the District; Sharing in Proceeds of Tax Sale under Section
194.21, Florida Statutes.-
(1) The District has the right to (a) pay any delinquent
state, county, district, municipal or other tax or assessment
upon lands located wholly or partially within the boundaries of
the District; and (b) redeem or purchase any tax sales certifi
cate issued or sold on account of any state, county, district, mu
nicipal or other taxes or assessments upon lands located wholly
or partially within the boundaries of the District.
(2) Delinquent taxes paid, or tax sales certificates redeemed
or purchased, by the District, together with all penalties for
the default in payment of the same and all costs in collecting
the same and a reasonable attorney's fee, shall constitute a lien
in favor of the District of equal dignity with the liens of state
and county taxes and other taxes of equal dignity with state
and county taxes, upon all the real property against which said
taxes were levied. The lien of the District may be foreclosed in
the manner provided in this Act.
(3) In any sale of land pursuant to section 194.21, Florida
Statutes, and amendments thereto, the District may certify to
the clerk of the circuit court of the county holding such sale,
the amount of taxes due to the District upon the lands sought
to be sold, and the District shall share in the disbursement of
the sales proceeds in accordance with the provisions of this Act
and under law.
Section 33. General Obligation Bonds.- Section 33.
(1) The District shall have the power from time to time to
issue general obligation bonds in an aggregate principal amount
of bonds outstanding at any one time not in excess of fifty (50)
percent of the assessed value of the taxable property within the
District as shown on the pertinent tax records at the time of
the authorization of the general obligation bonds for which the
full faith and credit of the District is pledged. Except for re
funding bonds, no general obligation bonds shall be issued un
less the issuance thereof shall have been approved at an election
of freeholders held in accordance with the requirements for such
51.
election as prescribed by the Constitution of the State of Flo
rida, such election to be called and held in the manner provided
in the Constitution and statutes of the State of Florida for free
holder elections. Such elections shall be called to be held in the
District by the respective Boards of County Commissioners of
Orange and Osceola Counties upon the request of the Board of
Supervisors of the District. The expenses of calling and hold
ing such referendum elections shall be borne by the District,
and the District shall reimburse the Board of County Commis
sioners of Orange and Osceola Counties, as the case may be, for
any expenses incurred by said Boards in calling or holding such
elections. In the alternative, at the option of the Board of Su
pervisors, the Board of Supervisors may make such other pro
vision for the registration of such qualified electors who are
freeholders and the calling and holding of such elections as the
Board may from time to time deem appropriate.
(2) The District may pledge its full faith and credit for the
payment of the principal and interest on such general obliga
tion bonds, and for any reserve or other funds provided there
for, and may unconditionally and irrevocably pledge itself to
levy ad valorem taxes on all taxable property in the District,
to the extent necessary for the payment thereof, subject, how
ever, to the limitations on the total amount of ad valorem taxes
that may be levied in any one year as specified in section 24 of
this Act.
(3) If the Board of Supervisors shall determine to issue gen
eral obligation bonds for more than one different purpose, the
approval of the issuance of the bonds for each and all such pur
poses may be submitted to the freeholders on one and the same
ballot. The failure of the freeholders to approve the issuance
of bonds for any one or more purposes shall not defeat the aP
proval of bonds for any purpose which shall be approved by the
freeholders.
Section 34. Section 34. Revenue Bonds.-
( I) The District shall have the power to issue revenue bonds
from time to time without limitation as to amount. Such revenue
bonds may be secured by or payable from the gross or net pledge
of the revenues to be derived from any project or combination
of projects, from the rates, fees, tolls, fares or other charges
to be collected from the users of any project or projects, from
any revenue-producing undertaking or activity of the District,
or from any other source or pledged security. Such bonds shall
not constitute an indebtedness of the District, and the approval
neither of the qualified electors nor of the qualified electors who
are freeholders shall be required unless such bonds are addi
tionally secured by the full faith and credit and taxing power
of the District.
(2) Any two or more projects may be combined and consoli
dated into a single project, and may thereafter be operated and
maintained as a single project. The revenue bonds authorized
herein may be issued to finance any one or more such projects
separately, or to finance two or more such projects, regardless
whether or not such projects have been combined and consoli
dated into a single project. If the Board of Supervisors deems
it advisable, the proceedings authorizing such revenue bonds
may provide that the District may thereafter combine the proj-
52.
ects then being financed or theretofore financed with other
projects to be subsequently financed by the District, and that
revenue bonds to be thereafter issued by the District shall be
on parity with the revenue bonds then being issued, all on such
terms, conditions and limitations as shall be provided, and may
further provide that the revenues to be derived from the subse
quent projects shall at the time of the issuance of such parity
revenue bonds be also pledged to the holders of any revenue
tonds theretofore issued to finance the revenue undertakings
which are later combined with such subsequent projects. The
District may pledge for the security of the revenue bonds a fixed
amount, without regard to any fixed proportion of the gross
revenues of any project.
Section 35. Utility Service Tax Bonds.-The District shall Section 35.
have the power to issue from time to time without limitation as
to amount, bonds payable from the proceeds of any utility serv-
ice taxes or funds of the District, or any combination of the
same. Such bonds shall not constitute an indebtedness of the
District and the approval neither of the qualified electors nor of
the qualified electors who are freeholders shall be required un-
less such bonds are additionally secured by the full faith and
credit and taxing power of the District.
Section 36. Issuance of Additional Bonds.-If the proceeds Section 36.
of any bonds shall be less than the cost of completing the proj-
ect in connection with which such bonds are issued, the Board
of Supervisors may authorize the issuance of additional bonds,
upon such terms and conditions as the Board of Supervisors
may provide in the resolution authorizing the issuance thereof,
but only in compliance with the resolution or other proceedings
authorizing the issuance of the original bonds.
Section 37. Refunding Bonds.-The District shall have the Section 37.
power to issue bonds to provide for the retirement or refunding
of any bonds or obligations of the District that at the time of
such issuance are or subsequently thereto become due and pay-
able, or that at the time of issuance have been called or are or
will be subject to call for redemption within ten (10) years
thereafter, or the surrender of which can be procured from the
holders thereof at prices satisfactory to the Board of Super-
visors. Refunding bonds may be issued at any time when in the
judgment of the Board of Supervisors such issuance will be
advantageous to the District. No approval of the qualified elec-
tors who are freeholders residing in the District shall be re-
quired for the issuance of refunding bonds except in cases where
such approval is required by the Constitution of the State of
Florida. The Board of Supervisors may by resolution confer
upon the holders of such refunding bonds all rights, powers
and remedies to which the holders would be entitled if they
continued to be the owners and had possession of the bonds for
the refinancing of which said refunding bonds are issued, in-
cluding but not limited to the preservation of the lien of such
bonds on the revenues of any project or on pledged funds, with-
out extinguishment, impairment or diminution thereof. The pro-
visions of this Act pertaining to bonds of the District shall,
unless the context otherwise requires, govern the issuance of
refunding bonds, the form and other details thereof, the rights
of the holders thereof, and the duties of the Board of Super-
visors with respect to the same.
53.
Section 38. Section 38. Pledging Ad Valorem Taxes, Assessments and
Other Revenues and Properties as Additional Security on Bonds.
-The District may pledge as additional security for the pay
ment of any of the bonds of the District its full faith and credit
and ad valorem taxing power, and provide that such bonds shall
be payable as to both principal and interest, and as to any re
serve or other funds provided therefor, from ad valorem taxes
levied on the taxable real and tangible personal property in the
District, to the full extent that any revenues (as defined in sec
tion 18 of this Act), taxes, assessments or other funds, or any
combination thereof, pledged therefor are insuificient for the
full payment of the same, but subject to the limitations on the
total amount of ad valorem taxes that may be levied in any one
year specified in section 24 of this Act, and provided further
that no bonds shall be issued to the payment of which the full
faith and credit and taxing power of the District is pledged
unless approved at an election in the manner provided by law.
The District by resolution of the Board of Supervisors may also
pledge as additional security for any bonds the revenues from
any project of the District, utility service taxes, assessments,
and any other sources of revenues or funds, or any combination
of the foregoing, and may pledge or mortgage any of the prop
erties, rights, interests or other assets of the District, and such
pledge shall not require the submission to or approval by the
qualified electors who are freeholders of the District unless re
quired by the Constitution of the State of Florida. The Board
of Supervisors may also provide with respect to any bonds of
the District that such bonds shall be payable, in whole or in
part, as to principal amount or interest, or both, out of rates,
fees, tolls, fares, service charges or other charges collected with
respect to any of the projects of the District.
Section 39. Section 39. Lien of Pledges.-AII pledges of revenues, taxes
and assessments made pursuant to the provisions of this Act
shall be valid and binding from the time when such pledges are
made. All such revenues, taxes and assessments so pledged and
thereafter collected shall immediately be subject to the lien of
such pledges without any physical delivery thereof or further
action, and the lien of such pledges shall be valid and binding
as against all parties having claims of any kind in tort, contract
or otherwise against the District, irrespective of whether such
parties have notice thereof.
Section 40. Section 40. Assessable Improvements; Levy and Payment of
Special Assessments; Assessment Bonds and Certijicates.-The
District may provide for the construction or reconstruction of
assessable improvements, and for the levying of special assess
ments 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 Board of Supervisors of a resolution ordering
the construction or reconstruction of such assessable improve
ments, 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 or
more descriptions with the directions that the material, nature,
character and size shall be subsequently determined in conform
ity with one of such descriptions. Assessable improvements
54.
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 or
dered 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
wVich it shall be sufficient to refer to such improvement and
prnperty by such designation in all proceedings and assess
ments, 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 ad
dition to the items of cost as defined in this Act, the cost of
relaying streets, sidewalks and other public facilities or con
veniences 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 assess
ment 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, char
acter and size, such estimate shall include an estimate of the
cost of the improvement of each such description.
The engineer shall also prepare in duplicate a tentative ap
portionment 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, specifica
tions and estimates and such tentative apportionment shall be
filed with the Board of Supervisors and the other duplicate shall
be retained by the engineer in his files, all thereof to remain
open to public inspection.
(3) The Board of Supervisors 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 Orange and Osceola Counties a no
tice stating that at a meeting of the Board of Supervisors on a
certain day and hour, not earlier than fifteen (15) days from
such publication, the Board of Supervisors 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
Board of Supervisors. The Board of Supervisors shall keep a
55.
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 Board of Supervisors 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 Board of Supervisors 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 ad
journment may be taken by the Board of Supervisors, the Board
of Supervisors 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 Board
of Supervisors and which do not cause any additional property
to be speciaJiy assessed.
(5) AJI 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 ex
ceeds the power of the Board of Supervisors, shall be made in
writing in person or by attorney, and filed with the Board of
Supervisors at or before the time or adjourned time of such hear
ing. Any objections against the making of any assessable im
provements not so made shall be considered as waived, and if
any objection shall be made and overruled or shall not be sus
tained, the confirmation of the resolution shall be the final ad
judication of the issues presented unless proper steps shall be
taken in the Circuit Court for the Ninth Circuit to secure relief
within twenty (20) days.
(6) Whenever any resolution providing for the construction
or reconstruction of assessable improvements and for the levy
ing of special assessments upon benefited property for the pay
ment thereof shall have been confirmed, as hereinabove pro
vided, or at any time thereafter, the Board of Supervisors 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 six (6) percent per annum. Such assessment
bonds shall be executed, shaJI have such provisions for redemp
tion prior to maturity, shall be sold in the manner and be sub
ject to aJI of the applicable provisions contained in this Act 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, after the confirmation of the
initial resolution, shaJI not exceed seventy (70) percent of the
estimated amount of the cost of such assessable improvements
which are to be specially assessed against the land or property
to be specially benefited thereby, as shown in the estimates of
the engineer for the District referred to in subsection (2). The
amount of such assessment bonds for any assessable improve-
56.
ment to be issued, after the confirmation of the preliminary as
sessment roll provided for in subsection (9), including any as
sessment bonds theretofore issued, shall not exceed the amount
of special assessments actually confirmed and levied by the
Board of Supervisors as provided in subsection (9).
Such assessment bonds shall be payable from the proceeds of
th~ special assessments levied for the assessable improvement
fvr which such assessment bonds are issued; provided, however,
that the District may 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 con
struction or reconstruction of asRessable improvements has been
confirmed as provided in subsection ( 4), the District may pro
ceed with the construction or reconstruction work in accordance
with the provisions of section 66 of this Act. Promptly after
the completion of the work, the engineer for the District, who
is hereby designated as the official of the District to make pre
liminary assessment of benefits from assessable improvements,
shall prepare a preliminary assessment roll and file the same
with the Board of Supervisors, which roll shall contain the fol
lowing:
(a) A description of the lots and parcels of land or property
within the District which will benefit from such assessable im
provements 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 ac
cruing to each lot or parcel of land or property from such as
sessable improvements as shall be approved by the Board of
Supervisors. 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 Board of
Supervisors 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 re
ceive from such assessable improvements, under the method or
methods prescribed by the Board of Supervisors, or any com
bination thereof.
( 8) The preliminary roll shall be advisory only and shall be
subject to the action of the Board of Supervisors as hereinafter
provided. Upon the filing with the Board of Supervisors of the
preliminary assessment roll, the Board of Supervisors shall pub~
57.
Jish at least once in a newspaper or newspapers published or of
general circulation within Orange and Osceola Counties, a no
tice stating that at a meeting of the Board of Supervisors 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 regu
lar, 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 improve
ments and the location thereof by terminal points, route or
otherwise. The Board of Supervisors 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 Board of
Supervisors 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 Board of
Supervisors shall meet and receive the objections in writing of
all interested persons as stated in such notice. The Board of Su
pervisors may adjourn the hearing from time to time. After the
completion thereof the Board of Supervisors shall either annul
or sustain or modify in whole or in part the preliminary as
sessment as indicated on such roll, either by confirming the
preliminary assessment against any or all lots or parcels de
scribed therein or by cancelling, increasing or reducing the
same, according to the special benefits which the Board of Super
visors decides each such lot or parcel has received or will re
ceive 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 Board of Super
visors shall not confirm any assessment in excess of the special
benefits to the property assessed, and the assessments so con
firmed shall be in proportion to the special benefits. The assess
ment so made shall be final and conclush'e as to each lot or parcel
assessed unless proper steps be taken within thirty (30) days
in the Circuit Court for the Ninth Circuit to secure relief. If
the assessment against any property shall be sustained or re
duced or abated by the court, the Board of Supervisors shall
note that fact on the assessment roll opposite the description of
the property affected thereby. The amount of the special assess
ment 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 Board of Super
visors be made chargeable against the District at large; or, at
the discretion of the Board of Supervisors, 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 Board
of Supervisors within sixty (60) days after the confirmation
thereof, without interest. Thereafter all assessments 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) percent per
58.
alll1Lin1 on the principal amount of such assessments from the
expiration of said sixty (60) days, as the Board of Supervisors
shall determine by resolution. The Board of Supen·is(1 rs may
proYide that any assessment may be paid at any time before
due, together with inh>rest accrued thereon to the date of pre
payment, if such p1·ior payment shall be permitted by the pro
ceedings authorizing any assessment bonds or other obligatiorn;
for the payment of which such special assessments have been
pledged.
(11) All ::;uch special assessments shall be collected by the
respective tax collectors for Orange and Osceola Counties, as
the cw,e may be, (in which event the last sentence of subsec
tion ( 1) of section 29 shall be applicable), or by such other
officer or agent as the Board may designate, nt such time or
times as the Board of Supervisors shall specify in the proceed
ings authorizing or confirming the special assessments, and if
no other time is specified then at the same time as general
county taxes are collected in Orange and Osceola Counti.:s.
( 12) All assessments shall constitute a lien upon the property
so assessed from the date of confirmation of the resolution or
dering 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 \vith such interest and with a rea
sonable attorney's fee and costs. but without penalties, by the
District by proceedings in the Circuit Court for the Ninth Cir
cuit 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 install
ments 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 in
stallment 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 at
torney's fees, such payment shall have the effect of restoring the
remaining installments to their original maturities, and the pro
ceedings 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 Act in the Circuit Court
for the Ninth Circuit by mandamus or other appropriate pro
ceedings or action. Not later than thirty (30) days after any
installments are due and payable, it shall be the duty of the
Board of Supervisors to direct the attorney or attorneys whom
the Board of Supervisors shall then designate to institute action
within two (2) months after such direction to enforce the col
lection 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 mort
gages are foreclosed under the laws of the State. It shall be law
ful to join in one action the collection of assessments against
any or all property assessed by virtue of the same assessment
59.
roll unless the court shall deem such joinder prejudicial to the
interests of any defendant. The court shall allow a rec1sonable
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 decree 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 ac
quired 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 Orange and
Osceola Counties.
( 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 law, or which
have been pledged as additional security for any other bonds or
obligations issued under this Act, shall be maintained in a spe
cial fund or funds and be used only for the payment of principal
of or interest on such assessment bonds or other bonds or obli
gations.
(14) Orange and Osceola Counties and each school district
and other political subdivision wholly or partly within the Dis
trict 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 dis
trict 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 Board of Supervisors 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 40. The Board of Supervisors 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 own
ers.
Section 41. Section 41. Issuance of Certificates of Indebtedness Based 011
Assessments for Assessable Improvements; Assessment Bond.-
( 1) The Board of Supervisors may, after any assessments for
assessable improvements are made, determined and confirmed as
provided in section 40, 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
60.
shall be issued against each part or parcel of land or property
assessed, which certificates shall state the general nature of the
improvement for which the said assessment is made. Said certifi
cates shall be payable in annual installments or otherwise in
accordance with the installments of the special assessments for
which they are issued. The Board of Supervisors may deter
mine the interest to be borne by such certificates at a rate no
greater than six ( 6) percent per annum, and may sell such cer
tificates 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 spe
cal assessments levied and collected from the part or parcel of
land or property 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 general obligation bonds
issued to finance in whole or in part such assessable improve
ment, or, if not so pledged, may be used to pay the cost or part
of the cost of such assessable improvements.
(2) The District may also issue assessment bonds or other
obligations payable from a special fund into which such cer
tificates of indebtedness referred to in the preceding paragraph
may be deposited; or, if such certificates of indebtedness have
not been issued, the District 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 40, unless such certificates of in
debtedness 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. The District
is hereby authorized to covenant with the holders of such assess
ment bonds or other obligations that it will diligently and faith
fully enforce and collect all the special assessments and interest
and penalties thereon for which such certificates of indebted
ness 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 indebted
ness 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 spe
cial fund, and to make any other covenants deemed necessary
or advisable in order to properly secure the holders of such as
sessment bonds or other obligations.
( 3) The assessment bonds or other obligations issued pur
suant to this section shall have such dates of issue and maturity
as shall be deemed advisable by the Board of Supervisors, pro
vided, however, that the maturities of such assessment bonds or
other obligations shall not be more than two (2) years after the
due date of the last installment which will be payable on any of
the special assessments for which such assessment liens, or the
certificates of indebtedness representing such assessment liens,
are assigned to or deposited in such special fund.
( 4) Such assessment bonds or other obligations issued under
this section shall bear interest at not exceeding six (6) percent
61.
per annum, 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
Act for revenue bonds, except as the same may be inconsistent
with the provisions of this section.
( 5) All assessment bonds or other obligations issued under
the provisions of this Act, except certificates of indebtedness is
sued against separate lots or parcels of land or property as pro
vided in this section, shall be and constitute and have all the
qualities and incidents of negotiable instruments under the law
merchant and the laws of the State.
Section 42. Section 42. Issuance of Bond Anticipation Notes.-ln addi-
tion to the other powers provided for in this Act and not in limi
tation thereof, the District shall have the power, at any time
and from time to time after the issuance of any bonds of the
District shall have been authorized, to borrow money for the
purposes for which such bonds are to be issued in anticipation
of the receipt of the proceeds of the sale of such bonds and to
issue bond anticipation notes in a principal amount not in ex
cess of the authorized maximum amount of such bond issue.
Such notes shall be in such denomination or denominations, bear
interest at such rate or rates not in excess of six (6) percent per
annum, mature at such time or times not later than five (5)
years from the date of issuance, be renewable for an additional
term or terms in the aggregate not in excess of five (5) years
from the date of first renewal, and be in such form and executed
in such manner as the Board of Supervisors shall prescribe.
Such notes may be sold at either public or private sale, or if such
notes shall be renewal notes, may be exchanged for notes then
outstanding on such terms as the Board of Supervisors shall
determine. Such notes shall be paid from the proceeds of such
bonds when issued. The Board of Supervisors may in its dis
cretion, in lieu of retiring the notes by means of bonds, retire
them by means of current revenues or from any taxes or assess
ments levied for the payment of such bonds, but in such event
a like amount of the bonds authorized shall not be issued.
Section 43. Section 43. Short Term Borrowings.-The District at any
time may obtain loans, in such amount and on such terms and
conditions as the Board of Supervisors may approve, for the
purpose of paying any of the expenses of the District or any
costs incurred or that may be incurred in connection with any
of the projects of the District, which loans shall have a term
not exceeding two (2) years from the date of issuance thereof,
and may be renewable for a like term or terms, shall bear in
terest in any amount not in excess of six (6) percent per annum,
and may be payable from and secured by a pledge of such funds,
revenues, taxes and assessments as the Board of Supervisors
may determine. For the purpose of defraying such costs and
expenses, the District may issue negotiable notes, warrants or
other evidences of debt signed on behalf of the District by any
one of the Board of Supervisors duly authorized by the Board,
such notes or other evidences of indebtedness to be payable at
such times, to bear interest at a rate not exceeding six (6) per
cent per annum and to be sold or discounted at such price or
prices and on such terms as the Board may deem advisable. The
Board shall have the right to provide for the payment thereof
by pledging the whole or any part of the funds, revenues, taxes
62.
and assessments of the District. The approval of the qnnlified
electors who are freeholders residing in the District shall not
be necessary except where required by the Constitution.
Section 44. Trust .4gree-ments.-ln the discretion of the Section 44.
Board of Supervisors, any issue of bonds may be secured by a
trust agreement by and between the District and a corporate
trustee or trustees, which may be any trust company or bank
h:-·,dng the powers of a trust company within or without the
State. The resolution authorizing the issuance of the bonds or
such trust agreement may pledge the revenues to be received
from any projects of the District and may contain such pro
visions for protecting and enforcing the rights and remedies of
the bondholders as the Board of Supervisors may approve, in
cluding without limitation covenants setting forth the duties of
the District in relation to the acquisition, construction, recon
struction, improvement, maintenance, repair, operation and in
surance of any projects, the fixing and revising of the rates,
fees, tolls, fares and charges, and the custody, safeguarding and
application of all moneys, and for the employment of counselling
engineers in connection with such acquisition, construction, re
construction, improvement, maintenance, repair or operation.
It shall be lawful for any bank or trust company incorporated
under the laws of the State which may act as a depository of
the proceeds of bonds or of revenues to furnish such indemnify
ing bonds or to pledge such securities as may be required by
the District. Such resolution or trust agreement may set forth
the rights and remedies of the bondholders and of the trustee,
if any, and may restrict the individual right of action by bond
holders. The Board of Supervisors may provide for the payment
of the proceeds of the sale of the bonds and the revenues of any
project to such officer, board or depository as it may designate
for the custody thereof, and for the method of disbursement
thereof with such safeguards and restrictions as it may deter
mine. All expenses incurred in carrying out the provisions of
such resolution or trust agreement may be treated as part of
the cost of operation of the project to which such trust agree
ment pertains.
Section 45. Sale of Bonds.-Bonds may be sold in blocks or Section 45.
installments at different times, or an entire issue or series may
be sold at one time. Bonds may be sold at public or private sale
after such advertisement, if any, as the Board of Supervisors
may deem advisable but not in any event at less than ninety-
five (95) percent of the par value thereof, together with accrued
interest thereon. Bonds may be sold or exchanged for refunding
bonds. Special assessment and revenue bonds may be delivered
as payment by the District of the purchase price or lease of any
project or part thereof, or a combination of projects or parts
thereof, or as the purchase price or exchanged for any property,
real, personal or mixed, including franchises, or services ren-
dered by any contractor, engineer or other person, all at one
time or in blocks from time to time, in such manner and upon
such terms as the Board of Supervisors in its discretion shall
determine. The price or prices for any bonds sold, exchanged or
delivered may be (a) the money paid for the bonds, (b) the
principal amount, plus accrued interest to the date of redemp-
tion or exchange, of outstanding obligations exchanged for re-
funding bonds, (c) in the case of special assessment or revenue
bonds, the amount of any indebtedness to contractors or other
63.
persons paid with such bonds, or the fair value of any proper
ties exchanged for the bonds, as determined by the Board of
Supervisors.
Section 46. Section 46. A utlwrization and Form of Bonds.-Bonds may
be authorized by resolution or resolutions of the Board of Super
visors which shall be adopted by a majority of all of the mem
bers thereof then in office. Such resolution or resolutions may
be adopted at the same meeting at which they are introduced,
and need not be published or posted. The Board of Supervisors
may by resolution authorize the issuance of bonds, fix the ag
gregate amount of bonds to be issued, the purpose or purposes
for which the moneys derived therefrom shall be expended, the
rate or rates of interest, which shall not exceed six (6) percent
per annum, the denomination of the bonds, whether or not the
bonds are to be issued in one or more series, the date or dates
thereof, the date or dates of maturity, which shall not exceed
forty ( 40) years from their respective dates of issuance, the
medium of payment, the place or places within or without the
State where payment shall be made, registration privileges, re
demption terms and privileges (whether with or without pre
mium), the manner of execution, the form of the bonds includ
ing any interest coupons to be attached thereto, the manner of
execution of bonds and coupons, and any and all other terms,
covenants and conditions thereof, and the establishment of re
serve or other funds. Such authorizing resolution may further
provide that such bonds may be executed manually or by en
graved, lithographed or facsimile signature, provided that where
signatures are engraved, lithographed or facsimile no bond shall
be valid unless countersigned by a registrar or other officer
designated by appropriate resolution of the Board of Super
visors. The seal of the District may be affixed, lithographed, en
graved or otherwise reproduced in facsimile on such bonds. In
case any officer whose signature or a facsimile of whose signa
ture shall appear on any bonds or coupons shall cease to be such
officer before the delivery of such bonds, such signature or fac
simile shall nevertheless be valid and sufficient for all purposes
the same as if he had remained in office until such delivery.
Section 47. Section 47. lncrew;e in Maximum Allowable Interest on Dis-
trict Bonds.-Anything in this Act or the laws of the State to
the contrary notwithstanding, if at any time and from time to
time the general laws of the State of Florida permit the coun
ties, municipalities or political subdivisions of the State, or any
of them, to issue general obligation, revenue, assessment or other
bonds bearing interest in an amount or at a rate in excess of
six (6) percent per annum, then the maximum allowable in
terest on any bonds of the District that may be issued during
the effective period of such general law shall be the maximum
amount or rate permitted under such general law.
Section 48. Section 48. Interim Certificates; Replacement Certificates.-
Pending the preparation of definitive bonds, the Board of Su
pervisors may issue interim certificates or receipts or temporary
bonds, in such form and with such provisions as the Board of
Supervisors may determine, exchangeable for definitive bonds
when such bonds shall have been executed and are available for
delivery. The Board of Supervisors may also provide for the
replacement of any bonds which shall become mutilated or be
lost or destroyed.
64.
Section 49. Negotiability of Bonds.-Any bond issued under Section 49.
this Act and any interim certificate, receipt or temporary bond
shall, in the absence of an express recital on the face thereof
that it is nonnegotiable, be fully negotiable and shall be and
constitute negotiable instruments within the meaning and for
all purposes of the law merchant and the laws of the State of
Florida.
Section 50. Defeasance.-The Board of Supervisors may Section 50.
make such provision with respect to the defeasance of the right,
title and interest of the holders of any of the bonds and obliga-
tions of the District in any revenues, funds or other properties
by which such bonds are secured as the Board deems appropriate
and, without limitation on the foregoing, may provide that when
such bonds or obligations become due and payable or shall have
been called for redemption, and the whole amount of the prin-
cipal and the interest and premium, if any, due and payable
upon the bonds or obligations then outstanding shall be paid, or
sufficient moneys or direct obligations of the United States Gov-
ernment the principal of and the interest on which when due
will provide sufficient moneys, shall be held or deposited in
trust for such purpose, and provision shall also be made for
paying all other sums payable in connection with such bonds or
other obligations, then and in such event the right, title and in-
terest of the holders of the bonds in any revenues, funds or other
properties by which such bonds are secured shall thereupon
cease, determine and become void, and the Board of Supervisors
may apply any surplus in any sinking fund established in con-
nection with such bonds or obligations and all balances remain-
ing in all other funds or accounts other than money held for
the redemption or payment of the bonds or other obligations to
any lawful purpose of the District as the Board of Supervisors
shall determine.
Section 51. Bonds as Legal Investment or Security.-Not- Section 51.
withstanding any provisions of any other law to the contrary,
all bonds issued under the provisions of this Act shall constitute
legal investments for savings banks, banks, trust companies, in-
surance companies, executors, administrators, trustees, guardi-
ans, and other fiduciaries, and for any board, body, agency,
instrumentality, county, municipality or other political subdivi-
sion of the State, and shall be and constitute securities which
may be deposited by banks or trust companies as security for
deposits of state, county, municipal or other public funds, or by
insurance companies as required or voluntary statutory deposits.
Section 52. Agreements with the Florida Development Com- Section 52.
mission and Others.-The Board of Supervisors shall have the
power to retain and enter into agreements with fiscal agents,
financial advisers, the Florida Development Commission, engi-
neers and other consultants or advisers with respect to the issu-
ance and sale of any bonds, and the cost and expense thereof
may be treated as part of the cost and expense of such project.
Upon request of the Board of Supervisors, the Florida Develop-
ment Commission may provide such technical assistance or other
services relating to bond issues as may be necessary or desirable
under the circumstances.
Section 53. Covenants.-Any resolution authorizing the issu- Section 53.
ance of bonds may contain such covenants as the Board of
65.
Supervisors may deem advisable and all such covenants shall
constitute valid and legally binding and enforceable contracts
between the District and the bondholders, regardless of the time
of issuance thereof. Such covenants may include, without limita
tion, covenants concerning the disposition of the bond proceeds,
the use and disposition of project revenues, the pledging of
revenues, taxes and assessments, the obligations of the District
with respect to the operation of the project and the maintenance
of adequate project revenues, the issuance of additional bonds,
the appointment, powers and duties of trustees and receivers,
the acquisition of outstanding bonds and obligations, restric
tions on the establishing of competing projects or facilities,
restrictions on the sale or disposal of the assets and property
of the District, the priority of assessment liens, the priority of
claims by bondholders on the taxing power of the District, the
maintenance of deposits to assure the payment of revenues by
users of District facilities and services, the discontinuance of
District services by reason of delinquent payments, acceleration
upon default, the execution of necessary instruments, the proce
dure for amending or abrogating covenants with the bondhold
ers, and such other covenants as may be deemed necessary or
desirable for the security of the bondholders.
Section 54. Section 54. Falidity of Bonds; Validation Proceedings.-(!)
Any bonds issued by the District shall be incontestable in the
hands of bona fide purchasers or holders for value and shall not
be invalid because of any irregularity or defects in the proceed
ings for the issue and sale thereof. Prior to the issuance of
any bonds, the District may, but is not required to, publish a
notice at least once in a newspaper or newspapers published or
of general circulation in Orange and Osceola Counties, stating
the date of adoption of the resolution authorizing such obliga
tions, the amount, maximum rate of interest and maturity of
such obligations, and the purpose in general terms for which
such obligations are to be issued, and further stating that any
action or proceeding questioning the validity of such obligations
or of the proceedings authorizing the issuance thereof, or of any
covenants made therein, must be instituted within twenty (20)
days after the first publications of such notice, or the validity
of such obligations, proceedings and covenants shall not be
thereafter questioned in any court whatsoever. If no such ac
tion or proceeding is so instituted within such twenty (20)
day period then the validity of such obligations, proceedings
and covenants shall be conclusive, and all persons or parties
whatsoever shall be forever barred from questioning the valid
ity of such obligations, proceedings or covenants in any court
whatsoever.
(2) The power of the District to issue bonds under the pro
visions of this Act may be determined and any of the bonds
of the District may be validated and confirmed by circuit court
decree, under the provisions of chapter 75, Florida Statutes,
and laws amendatory thereof or supplementary thereto.
Section 55. Section 55. Within Act Furnishes Full Authority for Issu-
ance of Bonds.-This Act constitutes full and complete authority
for the issuance of bonds and the exercise of the powers of the
District provided herein. No procedures or proceedings, publi
cations, notices, consents, approvals, orders, acts or things by
the Board of Supervisors, or any board, officers, commission,
66.
department, agency or instrumentality of the District, other
than those required by this Act, shall be required to issue any
bonds or to do any act or perform anything under this Act,
and the issuance or sale of bonds pursuant to the provisions of
this Act need not comply with the requirements of any other
law applicable to the issuance or sale of bonds, except as other
wi3e provided in this Act, and shall not require the consent or
arjproval of the board of drainage commissioners of the State
of Florida or of any other board, officers, commission, depart
ment, agency or instrumentality of the State of Florida or any
political subdivision thereof. Except as otherwise provided
herein, no proceedings or procedures of any character what
ever shall be necessary or required for the issuance of bonds
other than the adoption of an appropriate resolution by the
Board of Supervisors as provided in this Act with respect to
the issuance of the same. The powers conferred by this Act on
the District with respect to the issuance and sale of bonds shall
be in addition and supplemental to the powers conferred by
any other law.
Section 56. Pledge by the State of Florida to the Bond Hold- Section 56.
ers of the District and to the Federal Government.-The State
of Florida pledges to the holders of any bonds issued under this
Act that it will not limit or alter the rights of the District to
own, acquire, construct, reconstruct, improve, maintain, operate
or furnish the projects or to levy and collect the taxes, assess-
ments, rentals, rates, fees, tolls, fares and other charges provided
for herein and to fulfill the terms of any agreement made with
the holders of such bonds or other obligations, that it will not
in any way impair the rights or remedies of the holders, and
that it will not modify in any way the exemption from taxa-
tion provided in the Act, until all such bonds together with
interest thereon, and all costs and expenses in connection with
any action or proceeding by or on behalf of such holders, are
fully met and discharged. The State of Florida pledges to and
agrees with the Federal Government that in the event the Fed-
eral Government or any agency or authority thereof shall con-
struct or contribute any funds, materials or property for the
construction, acquisition, extension, improvement, enlargement,
maintenance, operation or furnishing of any of the projects
of the District, or any part thereof, the State will not alter or
limit the rights and powers of the District in any manner which
would be inconsistent with the continued maintenance and oper-
ation of such project, or any part thereof, or the improvement
thereof, or which would be inconsistent with the due perform-
ance of any agreements between the District and the Federal
Government, and the District shall continue to have and may
exercise all powers herein granted so long as the Board of Super-
visors may deem the same necessary or desirable for the carry-
ing out of the purposes of this Act and the purposes of the
Federal Government in the construction, acquisition, extension,
improvement, enlargement, maintenance, operation or furnish-
ing of any of the projects of the District, or any part thereof.
Section 57. Agreements with Municipalities within the Dis- Section 57.
trict for the Joint Discharge of Common Functions.-The Board
of Supervisors of the District and the governing bodies of any
one or more municipalities located wholly or partly within the
District, whether now in existence or hereafter created, are
67.
authorized to enter into and carry into effect contracts and
agreements relating to the common powers, duties and func
tions of the Board of Supervisors and other officers, agents and
employees of the District, and the respective governing bodies of
one or more such municipalities, and their respective officers,
agents and employees, to the end that there may be effective
cooperation between and coordination of the efforts of such
municipalities and the District in discharging their common
functions, powers and duties and in rendering services to the
respective residents and property owners of such municipalities
and the District. The Board of Supervisors of the District and
the governing bodies of one or more such municipalities are
further authorized to enter into and carry into effect contracts
and agreements for the performance of any of their common
functions, powers and duties by a central agency or common
agent of the contracting parties.
Section 58. Section 58. Coopera.tion Agreements with the State, Counties
and Municipalities.-
( I) The State of Florida and the counties, municipalities
and other political subdivisions and public bodies and agencies
thereof, or any of them, whether now existing or hereafter
created, are authorized to aid and cooperate with the District
in carrying out any of the purposes and projects of the District,
to enter into cooperation agreements with the District, to pro
vide in any such cooperation agreement for the making of loans,
gifts, grants or contributions to the District and the granting
and conveyance to the District of real or personal property of
any kind or nature, or any interest therein, for the carrying out
of the purposes and projects of the District, to covenant in any
such cooperation agreement to pay all or any part of the costs
of acquisition, construction, reconstruction, extension, improve
ment, operation and maintenance of any of the projects of the
District, and to pay all or any part of the principal and interest
on any bonds of the District and all or any part of the deposits
required to be made into any reserve, renewal and replacement
or other funds created and established by the indenture, reso
lution, deed of trust or other instrument securing such bonds.
(2) The State of Florida and the counties, municipalities and
other political subdivisions and public bodies and agencies
thereof, or any of them, whether now existing or hereafter cre
ated, and the District created by this Act, are further authorized
to enter cooperative agreements to provide for the furnishing
by the District to the State or any county, municipality or other
political subdivision or public body or agency thereof of any of
the facilities and services of the District, or by the State or
any county, municipality or other political subdivision or public
body or agency thereof to the District and to persons, firms
or corporations within the District of facilities and services of
the type that the District is authorized to furnish or undertake,
or such other facilities and services as may be determined nec
essary or desirable by the Board of Supervisors for the carrying
out of the purposes of this Act, all on such terms and conditions
as the Board of Supervisors may deem appropriate. Without
limitation on the foregoing, such cooperation agreements may
provide for the furnishing by any county, municipality or other
political subdivision of fire and police protection for the District
and persons and property within the District, and for the pro-
68.
viding to the District of any services deemed necessary or de
sirable by the Board of Supervisors for the proper functioning
of the District.
(3) Without limitation of the foregoing, the Board of Super
visors may undertake and finance any of the projects of the
District, in whole or in part, jointly with the City of Bay Lake,
the City of Reedy Creek, or any other municipality, now exist
ir 6 or hereafter created, or in any other manner combine the
projects of the District with the projects of such municipality
or municipalities, on such terms and conditions as the Board of
Supervisors shall approve, and the provisions of this Act, in
cluding without limitation the provisions for the financing of
District projects through bond issues, shall be applicable to such
projects.
( 4) Any agreement of the type authorized by this section
may be made and entered into pursuant to this Act for such
time or times, not exceeding forty ( 40) years, as shall be agreed
by the parties thereto or for such longer time as any bonds of
any of the contracting parties, including refunding bonds, re
main outstanding and unpaid, and may contain such details,
terms, provisions and conditions as shall be agreed upon by the
parties thereto. Any such agreement may be made and entered
into for the benefit of the holders of any bonds of the District
as well as the parties thereto and in such event shall be enforce
able in any court of competent jurisdiction by the holders of
any such bonds or of the coupons appertaining thereto.
Section 59. Contracts, Grants and Contributions.-The Dis- Section 59.
trict shall have the power to make and enter all contracts and
agreements necessary or incidental to the performance of the
functions of the District and the execution of its powers, and to
contract with, and to accept and receive grants or loans of
money, material or property from, any person, private or public
corporation, the State of Florida or any agency or instrumental-
ity thereof, any county, municipality or other political subdivi-
sion, or any agency, instrumentality or corporation of or created
by the United States of America, or the United States of Amer-
ica, as the Board of Supervisors shall determine to be necessary
or desirable to carry out the purposes of this Act, and in con-
nection with any such contract, grant or loan to stipulate and
agree to such covenants, terms and conditions as the Board of
Supervisors shall deem appropriate.
Section 60. Tax Exemption.-As the exercise of the powers Section 60.
conferred by this Act to effect the purposes of this Act constitute
the performance of essential public functions, and as the proj-
ects of the District will constitute public property used for
public purposes, all assets and properties of the District, and all
bonds issued hereunder and interest paid thereon, and all fees,
charges and other revenues derived by the District from the
projects provided for by this Act shall be exempt from all taxes
by the State or by any political subdivision, agency or instru-
mentality thereof, provided, however, that nothing in this act
shall be deemed to exempt from taxation any property, project,
facility business activity or enterprise that cannot validly be
undertaken as a public function by special taxing districts or
other public bodies under the laws and Constitution of the State
of Florida, and provided further, that nothing in this act shall
69.
be deemed to exempt any property, project, facility or business
activity or enterprise of the District, or revenues derived there
from, which would be subject to taxation under the general laws
of the State of Florida if such property, project or facility
were owned or undertaken by a municipal corporation.
Section 61. Section 61. Suits Against the District.-No suit or action
shall be brought or maintained against the District for damages
arising out of tort or breach of contract, including without
limitation any claim arising upon account of an act causing a
wrongful death, unless written notice of such claim is within
ninety ( 90) days after receiving the alleged injury given
to the Secretary of the Board of Supervisors, with detailed spe
cifications as to the time, place and manner of injury. No such
suit or action shall be brought or maintained unless brought
within twelve (12) months from the time of the injury or
damages.
Section 62. Section 62. Action Taken on Consent of Landowners.-Any
action required under this Act or under chapter 298, Florida
Statutes, to be taken on notice to the landowners of the District
and on public hearing for the purpose of receiving and passing
on objections by landowners may be taken without such notice
or hearing upon the written consent of all of the landowners
affected by such action.
Section 63. Section 63. Posting of Notice in Lieu of Publication.-In
the event that at any time or from time to time no newspaper
or newspapers shall be published or of general circulation in
Orange or Osceola Counties, as the case may be, any notice re
quired by this Act or under any other law to be published in
such newspaper or newspapers may be published by posting ~uch
notice in at least ten ( 10) different public places within the
District.
Section 64. Section 64. Changing Boundary Lines; Annexation and Ex-
clusion of Lands; Creation of Municipalities Within the Ter
ritorial Limits of the District; Limitations on the Furnishing
of Services Within Annexed Areas.-
( 1) The Board of Supervisors may at any time strike out or
correct the description of any land within or claimed to be
within the boundary lines of the District upon the consent in
writing of the owners of all of the land that would be included
or excluded from the boundary lines of the District or other
wise affected by the taking of such action, and of the owners of
not less than a majority in acreage of all the lands within the
District. The Board of Supervisors may enlarge the territorial
limits of the District to include any lands not then within the
District (a) upon the written consent of the owners of all of the
land to be included in the District and of not less than a ma
jority in acreage of all the land then within the District, or (b}
by resolution of the Board of Supervisors approved at a special
election called for such purpose, by vote of a majority of the
freeholders residing within the area to be annexed and a ma
jority of the freeholders residing within the District. The Board
of Supervisors may contract the territorial limits of the Dis
trict so as to exclude from the District any land then within the
District (a) upon the written consent of the owners of all of
the land to be so excluded and of the owners of not less than
a majority in acreage of all the land then within the District, or
70.
(b) by resolution of the Board of Supervisors approved at a
special election called for such purpose, by vote of a majority
of the freeholders residing ,vithin the area to be excluded and
a majority of the freeholders residing within the District, or
(c) by resolution of the Board of Supervisors approved by the
o,vners of not less than a majority in acreage of the land within
the District.
(2) Land (including property situated thereon) added to the
District in the manner hereinabcve provided shall from the
time of its inclusion within the District be subject to all of the
taxes and assessments thereafter levied and assessed on other
land or property of the District similarly situated. Land or
property excluded from the District in the manner hereinabove
provided shall from the date of such exclusion be exempt from
taxes or assessments thereafter imposed by the District but
shall not be exempt from any taxes or assessment theretofore
levied and due with respect to such land or property, or from
subsequent installments of taxes or assessments theretofore
levied or assessed with respect thereto, and such taxes or as
sessments may be enforced and collected by or on behalf of
the District in the same manner as if such land or property
continued to be within the territorial limits of the District.
(3) The Board of Supervisors for and in behalf of the Dis
trict shall have the right to file a petition in the Circuit Court
for the Ninth Circuit, praying the court to amend its former
decree incorporating the District by correcting the names of the
landowners, by striking out any such names, by adding, strik
ing out or correcting the description of any land within or al
leged to be within the boundary lines of the District, or in any
manner amend its decree. Said petition may ask permission of
the court to amend or change the plan of reclamation adopted
with respect to the District, or to correct any errors, omissions
or other mistakes that have been discovered in the plan of recla
mation, or may ask that the boundary lines of the District be
extended so as to include lands not described by, or included in,
the petition and decree of the court incorporating the District.
The proceedings on such petition shall be in accordance with
the provisions of section 298.07, Florida Statutes, and amend
ments thereto, provided, however, that the court shall have no
jurisdiction or power in any proceeding under section 298.07 to
terminate the existence of the District or to limit or alter the
rights, powers and authorities of the District provided in this
Act.
(4) Any owner of land located within the geographic limits
of the District may not later than sixty (60) days following the
effective date of this Act make written application to the Board
of Supervisors of the District to have the land of such owner
excluded from the boundP.ries of the District, and in the event
of such written application made within such sixty-day period,
the Board of Supervisors shall exclude the land of such owner
from the District and revise the boundaries thereof accordingly.
Any taxes theretofore levied on such excluded lands by the
Board of Supervisors shall be of no further force and effect with
respect to such lands and shall not constitute a lien on such
lands, and any such tax theretofore collected with respect to
such lands shall be refunded. No such application under this
71.
subsection shall be granted if made later than sixty (60) days
after the effective date of this Act.
(5) Nothing in this section shall permit the annexation or
exclusion of lands contrary to the terms, covenants or condi
tions of any of the bonds or obligations of the District, or in
any manner that would impair the security of the holders of
any bonds or other obligations of the District.
(6) No village, town, city or other municipal corporation
having any of the powers or authorities of the District, or any
like powers or authorities, shall hereafter be organized or es
tablished by any proceedings under the general laws of the
State if upon such organization or establishment the terri
torial limits of such municipal corporation would lie wholly or
partly within the territorial boundaries of the District, except
upon the consent in writing given by a majority in acreage of
the owners of the lands within the District proposed to be so
incorporated within such municipality, and no land within the
territorial boundaries of the District shall be annexed to or
incorporated by any proceeding under any general or special
law, now or hereafter enacted, into any village, town, city or
other municipal corporation, now existing or hereafter created,
except upon the consent in writing given by the owners of a
majority in acreage of the lands within the District to be so
annexed or incorporated.
(7) In the event that the territorial boundaries of the Dis
trict, as set forth in section 1 of this Act, are revised so as to
include within the District any areas not presently contained
within the District, the District shall not engage in the business
of furnishing telephone service in such annexed area unless the
District (i) obtains from the Florida public service commission
a certificate of convenience and necessity authorizing the Dis
trict to offer telephone service in such annexed area, and (ii)
offers to purchase from any telephone company that is at the
time engaged in the business of furnishing telephone service
within such annexed area such portion of its plant and property
suitable and used for such business in connection therewith as
lies within the limits of such annexed area, in a manner con
sistent with the provisions of section 172.09, Florida Statutes,
and amendments thereto, for determining the price thereof;
(8) In the event that the territorial boundaries of the Dis
trict, as set forth in section 1 of this Act, are revised so as to
include within the District any areas not presently contained
within the District, the District shall not engage in the business
of furnishing electric power for sale in such annexed area, un
less the District shall offer to purchase from any person, firm
or corporation that is at the time engaged in the business of
making, generating or distributing electricity for sale within
such annexed area such portion of its electric plant and property
suitable and used for such business in connection therewith as
lies within the limits of such annexed area, in a manner con
sistent with the provisions of section 172.09, Florida Statutes,
and amendments thereto, for determining the price thereof.
Section 65. Section 65. Construction of District Projects.-The Legisla-
ture hereby finds and declares that in order to accomplish the
purposes of this Act, and in view of the novel and experimental
nature of projects that the District is authorized to undertake,
72.
it is essential that the Board of Supervisors have discretion
and authority with respect to the manner in which the con
struction of the projects of the District, including, but not by
way of limitation, projects financed by District bonds, taxes or
assessments, shall be undertaken. The Board of Supervisors shall
have power and authority to acquire, construct, reconstruct, ex
tend, repair, improve, maintain and operate any of the projects
of the District, and to that end to employ contractors, to pur
chase machinery, fo employ men to operate the same, and di
rectly to have charge of and construct the projects of the Dis
trict in such manner as the Board of Supervisors may deter
mine. The District may undertake any construction work with
its own resources, without public advertisement for bids. The
Board of Supervisors in its discretion may, but shall not be re
quired to, let contracts for the projects of the District, either as
a whole or in sections, with or without public advertising and
the receiving of bids, all on such terms and conditions as the
Board of Supervisors may deem appropriate. In the event the
Board of Supervisors advertises and receives bids, the Board of
Supervisors shall let the contract to the lowest responsible bid
der, provided, however, that the Board of Supervisors may in
its discretion reject any and all bids.
Section 66. Interest of Board Members in Contracts.-No Section 66.
member of the Board of Supervisors shall be deemed to have
an interest in any contract of the District with any public or
private corporation by reason of the fact that such supervisor
is a director, officer, employee or non-controlling stockholder of
such a corporation. Contracts of the District with any such
public or private corporation shall not be invalid or unenforce
able by reason of such interest, and no supervisor shall be dis
qualified from voting or otherwise acting upon such contract
as a member of the Board of Supervisors by reason of such in
terest, provided that each member of the Board of Supervisors
shall have submitted to the Board of Supervisors a statement
of his interest in such corporation prior to the approval or au
thorization of the contract by the District. Such statement shall
be maintained as part of the permanent record book of the Dis
trict for as long as such contract continues in effect and for not
less than one (1) year thereafter.
Section 67. Enforcement and Penalties.- Section 67.
( 1) The Board of Supervisors or any aggrieved person may
have recourse to such remedies in law and equity as may be
necessary to ensure compliance with the provision of this Act,
including injunctive relief to enjoin or restrain any person vio
lating the provisions of this Act, and any by-laws, resolutions,
regulations, rules, codes and orders adopted under this Act, and
the court shall, upon proof of such violation, have the duty to
issue forthwith such temporary and permanent injunctions as
are necessary to prevent such further violation thereof. In case
any building or structure is erected, constructed, reconstructed,
altered, repaired, converted or maintained, or any building,
structure, land or water is used, in violation of this Act, or of
any code, order, resolution or other regulation made under au
thority conferred by this Act or under law, the Board of Super
visors and any person residing in the District may institute any
appropriate action or proceeding to prevent such unlawful erec
tion, construction, reconstruction, alteration, repair, conversion,
73.
maintenance or use, to restrain, correct or avoid such violation,
to prevent the occupancy of such building, structure, land or
water, and to prevent any illegal act, conduct, business or use in
or about such premises, land or water.
(2) Any person violating the provisions of this Act or who
shall fail to abide by and obey any of the by-laws, resolutions,
regulations, rules, codes and orders adopted under this Act
shall be guilty of a misdemeanor. Each day that the violation
shall continue shall constitute a separate violation.
(3) It shall be unlawful and a misdemeanor for the owner of
any land subject to this Act, or his agent, or other persons, to
advocate, propose, suggest, use or exhibit a map, plat, survey
or plan of subdivision or development of land except in con
formity with this Act and the rules and regulations of the
Board of Supervisors. -
Section 68. Section 68. Investment of Funds.-The Board of Supervisors
may in its discretion invest funds of the District in (1) direct
obligations of or obligations guaranteed by the United States
of America or for the payment of the principal and interest of
which the faith and credit of the United States is pledged;
(2) bonds or notes issued by any of the following Federal agen
cies: Bank for Cooperatives; Federal Intermediate Credit
Banks; Federal Home Loan Bank System; Federal Land Banks;
or the Federal National Mortgage Association (including de
bentures or participating certificates issued by such Associa
tion); (3) public housing bonds issued by public housing au
thorities and secured by a pledge of annual contributions under
an annual contribution contract or contracts with the United
States of America; ( 4) bonds or other interest-bearing obliga
tions of any county, district, city or town located in the State
of Florida for which the full faith and credit of such political
subdivision is pledged; or ( 5) any investment authorized for
insurers by sections 625.0105 through 625.0115, Florida Statu
tes, inclusive, and amendments thereto.
Section 69. Section 69. Fiscal Year of the District.-The Board of Su-
pervisors has the power to establish and from time to time re
determine the fiscal year of the District. Unless the Board of
Supervisors otherwise provides, the District shall be on a calen
dar fiscal year.
Section 70. Section 70. Severability of Provisions.-If any section,
clause, sentence or provision of this Act, or the application of
such section, clause, sentence or provision to any person or
bodies or under any circumstances shall be held to be inopera
tive, invalid or unconstitutional, the invalidity of such section,
clause, sentence or provision shall not be deemed, held or taken
to affect the validity or constitutionality of any of the remain
ing parts of this Act, or the application of any of the provisions
of this Act to persons, bodies or in circumstances other than
those as to which it or any part thereof shall have been held
inoperative, invalid or unconstitutional, and it is intended that
this Act shall be construed and applied as if any section, clause,
sentence or provision held inoperative, invalid or unconstitu
tional had not been included in this Act.
Section 71. Section 71. Liberal Construction.-The provisions of this Act
shall be liberally construed to effect its purposes and shall be
74.
deemed cumulative, supplemental and alternative authority for
the exercise of the powers provided herein.
Section 72. N otice.-It is found and determined that notice Section 72.
of intention to apply for this legislation was given in the time,
form and manner required by the Constitution and by Jaw. Said
notice is found to be sufficient and is hereby validated and ap
proved.
Section 73. Effective Date.-This Act shall take effect im Section 73.
mediately upon becoming a law.
Approved by the Governor May 12, 1967.
Filed in Office Secretary of State May 12, 1967.
75.
GENERAL INDEX-SECTION NUMBERS

ACTION
Charges, recovery of delinquent, procedure, 19, 20
Condemnation proceeding begun by district prior to act, to
continue, 1
Foreclosure proceedings, liens in favor of district, 31
Landowners, action taken on consent of, 62
Proceedings begun by district prior to act, not impaired or
avoided, 1
Special assessments for assessable improvements, collection,
40
Suits against the district, limitation of time, 61
Advalorem taxes See: TAXATION
Advertising and promotional program, undertaking, 9 (15)
Agencies, creation by board; powers and duties, 8 ( 6)
Agents, employment, 8 ( 1)
AGREEMENTS See: CONTRACTS
Florida development commission and others, 52
Municipalities within district for joint discharge of common
functions, 57
Private parties concerning the furnishing of facilities and
services, 21
State, counties and municipalities; cooperation agreement
with, 58
Trust agreements re bonds, 44
AIRPORT FACILITIES
Defined, 3 ( 1)
Own, acquire, construct, etc., 9 ( 11)
Amusement and recreation parks, regulation; jurisdiction of
the board, 23 ( 2)
Annexation, procedure, 65
Annexed areas, furnishing of services, limited, 64
Assessable improvements See: IMPROVEMENTS, ASSESS-
ABLE
Assessment bonds and certificates, see: BONDS
Assets, disposin_g, 9 (3)
ATTORNEYS
Charges, recovery of delinquent; fees, 19, 20
Employment, 8 ( 1)
Auditors, employment, 8 ( 1)
Banks and trust companies; district bonds as legal investment
or security, 51
BAY-LAKE, CITY OF
Exercise by district of its powers within, 14
Joint undertakings with, 58 ( 3)
Bids; district projects; with or without, 65
BOARD OF SUPERVISORS
Annexation and exclusion of lands; duties re, 64
Assessable improvements; assessment bonds; certificate of
indebtedness, issuance, 41
Bond elections, duties re, 33
Bonds, issuance, etc., generally See: BONDS
Borrowing of money, short term loans, authorized, 43
Budget and finances of district, exemption from certain re
quirements and regulations, 22
Building codes, adoption, 23 (3)
Bylaws, adoption, 8 (2)

BOARD OF SUPERVISORS (Cont.)
Compensation, 6
Comprehensive planning, power re, 23 (3)
Condemnation, power, 9 (3), (5)
Conflict of interest, 66
Contracts, execution, 8 ( 5)
County zoning and regulations, exemption from, 23 (2)
Covenants; bondholders; legal effect, 53
Defined, 3 ( 4)
Departments, boards or agencies, creation; powers and
duties, 8 ( 6)
Depositories
Qualifications and requirements; prescribed by, 7 (3)
Selection by board, 7 (2)
District books
Audit, 7(1)
Permanent record, contents, 4 ( 10)
Prescribe forms of, 29 (2)
District projects See: PROJECTS, DISTRICT
Election held June 6, 1966, ratified, 4(2)
Eminent domain, power of, 9 (5)
Entry upon privately owned property, authority, 8 ( 4)
Exemptions from certain regulations and laws, 23
Facilities and services
Contracts for use of, 18(5)
District furnishing; limitation, 15
Mandatory use of certain district facilities and services, 16
Fiscal agent; employment by, 7 (4)
Florida development commission, agreements with respect
to issuance and sale of bonds, 52
Full authority for establishment of district projects and fi
nances, 22
Funds, investment of, 68
General manager of district, appointment by board; powers
and duties, 8(6)
Hearings, 8 (2)
Improvement, construction and reconstruction; special as-
sessments, 40
Interest of board member in contract, effect, 66
Interim certificates, issuance, 48
Jurisdiction and control of district projects, 22
Landowners to elect board, 4
Lease of facilities; limitation, 9 ( 4)
Maintenance tax levy, 25
Mineral rights and leases, acquiring, 9 ( 3)
Mortgages, etc., 9 ( 3)
Municipalities
Exercise of district powers within, 14
Within district; agreements for joint discharge of common
functions, 57
Mutilated or destroyed bonds; replacement of, 48
Negotiable notes, issuance, rate of interest, etc., 43
Notice of meeting to landowners, 5 ( 1)
Office, designation, 8 (3)
Officers, prescribing powers and duties of, 8 (2), (7)
Ownership and disposition of property, 9 (3)
Permanent record book, contents, 4(10)
Personnel, employment, 8 ( 1)

BOARD OF SUPERVISORS (Cont.)
Planning and zoning commission, establishment, 23 (8)
Plats, duties re, 23
Powers and duties, 8, 9
President, 4 (7)
Properties and assets, disposing, 9 (3)
Qualifications, 4 ( 1)
Quorum, 4(8)
Reports, 4 ( 9)
Residence requirements, 4 ( 1)
Riparian rights, easements and rights-of-way, acquire title
to, 9 (3)
Rules and regulations, prescribing, 8 (2)
Seal, adoption, 4 (7)
Secretary, 4 (7)
Special assessments, collection; duties re, 40
Special meetings, power to call, 5 (2)
Streets, accept dedication of, 9 (3)
Subdistrict, creation; power, 13
Subdivision regulations; board to adopt, 23 (6), (7)
Submerged lands, acquire title, etc., 9 (3)
Tax levy and collection See : TAXATION
Term of office, 4 (1), (6)
Travel expense, 6
Treasurer of district, designation, 7 (1)
Trust agreements as security for bond issuance, etc., 44
Unit development, power re, 12
Vacancy, fi))ing, 4 (6), 5 (2)
Variances and waivers, 23 (7)
Zoning board of adjustment, providing for, 23 (8)
Boards, creation by board of supervisors; powers and duties,
8(6)
BONDS
Additional bond issuance when required; authorized, 36
Anticipation notes, issuance, 42
Assessment bonds and certificates, issuance; payment, 40, 41
Authority for issuance of bonds, 55, 96
Bondholders
Covenants; legal effect, 53
Excluded lands from district; effect, 64
Rights and remedies, 44
Covenants, legal effect, 53
Defeasance of right, title and interest of holders, 50
Defined, 3(3)
Florida development commission, agreement with respect to
issuance and sale of bonds, 52
Form of bonds; interest rate ; amount of bond, etc. ; board by
resolution may authorize, 46
General obligation
Issuance; approval by freeholders election, 33
Payment, method of, 33, 38
Holders, defeasance of right, title, etc., 50
Interest rate, 41, 42
Increase in by general law; effect, 47
Interim certificate, 48
Issuance, 9 (19)
Legal investment or security, bonds as, 51

BONDS (Cont.)
Lien of pledges, 39
Mutilated or destroyed, replacement, 48
Negotiability of, 49
Payment, additional security, 38
Pledging of taxes and revenues, limitations, lien, 33(2), 38, 39
Refunding bonds, issuance; duties re, 37
Replacement certificates, 48
Resolution for issuance by board, 46
Retiring of, 42
Revenue bond, issuance; method of payment, 34
Sale of bonds, general, 45
Security for payment, 38
Short term borrowings, 43
State of Florida pledge to bondholder; federal government, 56
Trust agreements, bonds may be secured by, 44
Utility service tax bonds, issuance; payment, 35
Validation proceedings; circuit court, jurisdiction, 54
Books, annual audit, 7 (1)
Borrowing of money; short term loans, authorized, 43
BOUNDARIES
Defined, 1
Changing, 64
Budget and finances, exemption from certain requirements and
regulations, 22
Building and construction, regulations, jurisdiction of the
board,23(2)
Building code, adoption, 23 ( 3)
CERTIFICATE OF INDEBTEDNESS
Defined,3(3)
Interim certificates, issuance by board, 48
Issuance by board, 41
Replacement of certain certificates, 48
Chapter 298, Florida Statutes, applicability of certain provi
sions, 2
CHARGES
Delinquent, recovery of; procedure, 19, 20
Establishment and collection, 18
Public hearing on, 18
Conflict of interest, board members, 66
Conflict of laws, law controlling, 2
Conservation areas and sanctuaries, designation of certain
areas, 9 (18)
Construction of act, 71
Consultants, employment, 8 ( 1)
Contractors, employment, 8 ( 1)
CONTRACTS See: AGREEMENTS
Cooperation agreements with state, counties, and municipali-
ties, 58
Execution, board of supervisors, 8(5)
Facilities and services, contracts for use of, 18 ( 5)
Power of the district to make, 59
Projects
Contracts for use of, 18(5)
With or without bids, 65

Contributions, 59
Cooperation agreements with state, counties and municipalities,
58
Cooperation with municipalities within district, 57
Corporate powers, 1
Corporate seal, adoption, 9 (2)
Cost defined, 3 ( 5)
County tax assessors and collectors, 29 (1)
County zoning and regulation, exemption from, 23 (2)
Covenants, bondholders; legal effect, 53
Creation of district, 1
Definitions of terms used, 3
Departments, creation by board; powers and duties, 8(6)
DEPOSITORIES
Qualifications and requirements, board to prescribe, 7 (3)
Selection by board, 7 (2)
DISTRICT
Defined, 3 ( 6)
Tax book, form prescribed by board, 29 (2)
DRAINAGE
Extend and improve, 9(6)
Taxes, annual installments, 28
Unit development, 12
Easements, acquire title to, 9 (3)
Effective date of law, 73
ELECTION
Board of supervisors by landowners, 4(4)
Exclusion of land from district, 64
General, 4 ( 11)
General obligation bond issuance; approval by freeholders, 33
Electric power, limitations on furnishing, 21, 22
Electrical installations, regulation; jurisdiction of the board
23(2)
Eminent domain, power of, 9(3), (5)
Employees, employment 8 ( 1)
Enforcement of law, 67
Engineers, employment, 8 ( 1)
Erosion control; extend and improve, 9 (7)
Exclusion of lands, procedure, 64
Exemption from certain regulations and laws, 22, 23
Expenses, tax levy to finance, 25
FACILITIES AND SERVICES
Agreements with private parties concerning, 21
Annexed areas; limitation on, 64
Contracts or agreements for use of, authority of board, 18(5)
Delinquent charges
Discontinuance of services, 20
Payment, lawful method of enforcement, 20
Recovery; procedure, 19
District furnishing within and outside district territory; lim
itation, 15
Fees, rentals, fares, charges, tolls, etc. district to establish
and collect, 18
Mandatory use of certain district facilities and services, 16

FEES
District to establish and collect for facilities and services
furnished ; public hearings, 18
Fares, 18
Finances, district, exclusive authority, 22
Remedies for nonpayment, 20
Fire protection, powers re, 9 (14)
FISCAL AGENT
Compensation, 7 ( 4)
Duties, 7(4)
Employment, 7 ( 4)
Resident requirement, 7 ( 4)
Fiscal year, 69
Florida development commission, agreements with respect to
issuance and sale of bonds, 52
Foreclosure of liens, proceedings, 31
Fund, special ; payment of assessment bonds, etc., 40
FUNDS
Gasoline tax funds, application of, 10 ( 4)
Investment of, 68
Special assessment and funds, 41
Gasoline tax funds, application of, 10 ( 4)
General obligation bonds See: BONDS
Governing body of district, 4 ( 1)
Grants, accept and receive, 59
Hearings, 8 (2)
Fees, rates, tolls, fares, rentals, etc., for facilities and services
furnished, 18 (2)
IMPROVEMENTS, ASSESSABLE
Assessable improvements, procedure, 40
Assessment bonds, issuance; interest rate, etc., 41
Assessment roll, contents, 40
Certificates of indebtedness, issuance; interest rate, etc., 41
Changes or modifications of plans, 40
Cost of improvements, publication of notice, 40
Defined,3(2)
Objections, hearings on, 40
Special assessment; levy and payment, 40
Special fund, payment of assessment bonds, etc., 40
Injunction, issuance for violations, 67
INTEREST RATE
Board to fix, 46
Bonds, 41, 42, 47
Loans, short term, 43
Negotiable notes, warrants, etc., 43
INVESTMENTS
Bonds as legal investment or security, 51
District funds, 68
Irrigation work, machinery and plants, 9 (6)
LANDOWNERS
Action taken on, written consent, 5(5), 62
Board of supervisors, election by, 4 ( 4)
Defined,3(7)
Elections
General, 4(11)
Board of supervisors, 4 ( 4)

LANDOWNERS (Cont.)
Meeting
Annual; time, 4 (3)
Notice, 5 (1)
Place of meeting, 5 (1)
Proxy representation, 5 (1)
Quorum, 5(3)
Representation at meeting, 5 ( 4)
Special meetings, calling, 4 (6), 5 (2)
Unit of development; objections; hearing, remedies, etc., 12
Vacancy, filling, 5 (2)
Vote by proxy; 5 ( 4)
Voting, qualifications for, 4 ( 5)
Lawsuits against the district, notice, limitation of time, 61
Lease of facilities; limitation, 9 ( 4)
Legal proceedings, authority, 9 (I)
Legislative finding and declaration, 23 (1)
Liberal construction of provisions, 71
LIENS
Foreclosure of; proceedings, 31
Lien of pledges, effect, 39
Prior liens outside district; effect, 1
Service charge liens, enforcement, 30 (2)
Special assessments, 40
Tax liens, enforcement, 30 ( 1)
LOANS
Money,acceptance,59
Short term borrowings, authorized, 43
Manager, general, appointment by board, 8(6)
Meetings See: BOARD OF SUPERVISORS; LANDOWNERS
Mineral rights and leases, acquiring, 9 (3)
Misdemeanors, 67
Mortgages, money: purchase, etc., 9 (3)
Mo11quito and pest control, eligibility for state aid, 9 (10)
MUNICIPALITIES
Cooperation agreements with district, 58
Creation within district, procedure, 64
District, exercise of it's powers within, 14
Within district, agreements for joint discharge of common
functions, 57
Name changed, 1
Negotiable instruments, bonds to constitute as, 49
Negotiable notes, issuance; rate of interest, etc., 43
NOTICE
Posting of in lieu of publication, 63
Publication of notice of intention, 72
Officers, board to prescribe powers and duties of, 8 (2), (7)
Orange and Osceola counties exemption from certain regula-
tions by, 10(3), 22, 23(2), 55
Orange county stipulation of September 29, 1966, 11 (2)
Orders, adoption, 8(2)
Ownership and disposition of property, 9 (3)
PARKING FACILITIES
Defined, 3 ( 8)
Own, acquire, construct, etc., 9(13)
Penalties for violations, 67

Permit; issuance and requirement, 23 (3)
Personnel, employment, 8 ( 1)
Plan of reclamation, adoption, revision and revocation, etc., 11
Planning and zoning commission, establishment; term of of-
fice; powers, 23 (8)
PLATS
Approval by board, 23 ( 4)
Defined, 3 (9)
Recording, 23(4)
Rules and regulations re, 23 (2), ( 5)
Vacating, 23 (5)
Waiver of regulation re, 23(4)
Platting and subdividing of lands, regulations; jurisdiction of
the board, 23 (2)
PLEDGES
Bonds, payment, 33, 38
Certificates of indebtedness and assessment bonds, 41
Lien of; effect, 39
State of Florida pledge to district bondholders; federal gov
ernment, 56
Plumbing installations, regulation; jurisdiction of the board,
23(2)
Powers of district, 9, 15
PROJECTS, DISTRICT
Bids, 65
Boards jurisdiction and control over all projects, 22
Construction, authority of board, 65
Contracts or agreements for use of, authority of board, 18 ( 5)
Defined, 3 (10)
Jointly undertaken with cities of Bay Lake and Reedy Creek,
58(3)
Maintenance of, across rights-of-way, 17
Public advertisement for bids, 65
Tax levy to finance, 24
Property, disposing, 9 (3)
PUBLICATION
Improvements, assessable; notice, 40
Notice
Intention of, passage of act, 72
Posting in lieu of, 63
PUBLIC UTILITIES
Limitations on furnishing and franchising, 21
Ownership, acquisition, construction, etc., 9 (17)
RECLAMATION, PLAN OF
Adoption, 9 (6)
Revision and revocation, etc., adoption, 11
Unit development, 12
Records, 8 (2), 4 (10)
Recreational facilities, own, acquire, construct, etc., 9 (12)
REEDY CREEK, CITY OF
Exercise by districts its powers within, 14
Joint undertakings with, 58 (3)
Refunding bonds See: BONDS

RENTALS
District to establish and collect for facilities and services
furnished; public hearings, 18
Remedies for nonpayment, 58 (3)
Reports, board of supervisors, 4 (9)
Representatives, employment, 8 ( 1)
Research activities, finance and maintain, 9 (20)
Resolutions, adoption, 8 (2)
Revenue bonds See : BONDS
REVENUES
Defined, 18 ( 1)
Discontinuance for nonpayment, 20
Public hearings for fixing of, 18 (2)
Standards, minimum revenue requirements, for fixing of,
18(3) (4)
RIG}lTS-OF-WAY
Acquire title to, 9 (3)
Projects, maintenance of across, 17
Riparian rights, acquire title to, 9 (3)
ROADS AND BRIDGES
Access roads and connecting roads, etc., construction, 10(5)
Cost, payment, 10 ( 4)
Districts authority over, 10
Lease-purchase agreements, 10 ( 4)
Own, acquire, construct, regulate, etc., 10(1) (2)
Special road and bridge districts, District has benefit and
privileges of, 10 (1)
Tolls, construction, etc., 10(3)
Rules and regulations, prescribing, 8 (2)
Safety code, adoption, 23 (3)
SAFETY REGULATIONS
Jurisdiction of the board, 23 (2)
Minimum standards, 23 (9)
Sanctuaries, designation of certain areas, 9 (18)
Sanitary codes, regulation; jurisdiction of the board, 23 (2)
Seal, adoption, 4 (7)
Secretary, 4 (7)
Service charges, 18 (5)
Severability of provisions, 70
Sewer system, defined, 3 ( 11)
Sidewalks, construct and maintain, 10 ( 1)
State comptroller; depositories, rules and regulations re, 7 (3)
State funds, district eligible to receive, 9(7), 9(10), 10(1),
10(4), 59
State of Florida pledge to district bondholders; federal govern
ment, 56
STATE ROAD DEPARTMENT
Access roads, connecting roads or extensions within district,
relinquish certain control, 10 ( 5)
Lease-purchase agreements, 10 ( 4)
State-wide zoning laws, district exempt from, 23 (2)
Street lights, construct and maintain, 10 (1)
Subdistricts, creation; power of board, 13

SUBDIVISIONS
Defined, 3 ( 12)
Jurisdiction of the board, 23 (2)
Modifications of regulations, board may grant, 23 (7)
Regulations generally, 23 (6), (7)
Variances and waivers, authority of board to grant, 23 (7)
Submerged lands, acquire title, etc., 9 (3)
Suits against the district, notice, limitation of time, 61
TAXATION
Ad valorem taxes, 24, 26
Annexation of lands; tax status, 64
Assessment and levy, 24
Board of supervisors, taxes levied by; binding and collective,
1
Collection; discounts, 29 (3)
Delinquent taxes; penalty, 29 (3)
District tax book, 29 (2)
Drainage taxes, determining annual installments of, 28
ExclQded lands from district, tax status, 64
Exemption; limitation, 60
Improvements, special assessment; levy and payment, 40
Liens, enforcement, foreclosure, redemption, 30(1), 31, 32
Maintenance tax levy, maximum millage, 25
Maximum millage, 24, 25
Proceeds from tax sales, disposition, 32
Service charge liens, enforcement, 30 (2)
Special assessments, collection, 40
Tax assessor, duty to assess; compensation, 29 (1)
Tax collector
Duty to collect tax levied; compensation, 29 (1)
Special assessments, collection, 40
Tax liens, redemption by district, 32
Tax roll, examination, by district officer, 8 (7)
Tax sales certificate, redemption or purchase by district, 32
Utility tax, levy and collection; procedure, 27
Valuation of property, determining, 26
Telephone service, limitation on furnishing, 21, 22
Television, closed circuit systems, develop and operate, 9(17)
Territorial or corporate limits of district, defined, 3 (16)
Toll roads and bridges, own, acquire, construct, etc. ; authority
of district, 10(3)
Tolls; district to establish and collect for facilities and serv
ices furnished; public hearings, 18
TRANSPORTATION FACILITIES
Acquire, construct, etc., 9 (16)
Regulations; jurisdiction of the board, 23 (2)
TREASURER
Bond, 7(1)
Books, audit of; annually, 7 (1)
Compensation, 7 (1)
Designation by board; powers and duties, 7 (1)
Trust agreements, bonds may be secured by, etc., 44
UNITED STATES
Contracts with, 59
Eligibility of District for Federal funds, 59
Pledge to bondholders, 56

UNITS
Amendment to unit plans, rights and remedies of holders,
12(7)
Boundaries, 12 ( 1), (2)
Changes, requirements, 12 (6)
Creation, 13
Designation, 12(1)
Developing, plans for, 12(1)
Financing assessments, 12 ( 5)
Objections, hearings, remedies, etc., 12
Progressive drainage, adopt system of, 12
Publication and notice, 12(3)
Reclamation, plans of, 12(1), (2)
UTILITIES, PUBLIC
Limitations on furnishing and franchising, 21
Ownership, acquisition, construction, etc., 9 (17)
Utility services, furnishing 21, 22
Utility tax bonds See: BONDS
Utility tax, levy and collection, procedure, 27
Validation of certain lawful obligations, 1
Violations, penalties, 67
Waste collection and disposal system; acquire, construct, main
iiain, etc., 3 (13), 9 (9)
WATER AND FLOOD CONTROL
Extension and improvement, provide for, 9 (7)
Facilities, defined, 3 (14)
WATER AND SEWER SYSTEM
Acquire, construct, etc., 9(8)
Defined, 3 (15)
Well drilling, regulation; jurisdiction of the board, 23(2)
Zones, creation; power of board, 13
ZONING
Board of adjustment, powers, 23 (8)
Districts, boundaries, etc., 23 (8)
Exemption from county and state regulations, 23 (2)
Planning and zoning commission, powers, 23 (8)

Reedy Creek Improvement District Charter

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REEDY CREEK

Section 3. Section 3. Dejinitions.-Unless the context shall indicate

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