House Bill 4467er

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  1

  2         An act relating to Tindall Hammock Irrigation

  3         and Soil Conservation District, Broward County;

  4         codifying the district's charter, chapter

  5         27428, Laws of Florida, 1951, as amended;

  6         providing a provision that the district is an

  7         independent special district; providing for the

  8         appointment of the board of supervisors;

  9         providing for correction of scrivener's errors;

10         revising obsolete constitution and statute

11         references; revising obsolete roadway and

12         agency references; providing that all rights,

13         title, and ownership of property owned by the

14         district will continue to be owned by the

15         district and that all obligations, contracts,

16         rules, resolutions, and regulations of the

17         district will continue in effect and be valid

18         as to the district; repealing all prior special

19         acts of the Legislature relating to the Tindall

20         Hammock Irrigation and Soil Conservation

21         District; providing that this act shall take

22         precedence over any conflicting law to the

23         extent of such conflict; providing

24         severability; providing an effective date.

25

26  Be It Enacted by the Legislature of the State of Florida:

27

28         Section 1.  Chapter 27428, Laws of Florida, as amended,

29  is codified, reenacted, amended, and repealed as herein

30  provided.

31


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  1         Section 2.  The Tindall Hammock Irrigation and Soil

  2  Conservation District is re-created and reenacted to read:

  3         Section 1.  For the purpose of draining, reclaiming,

  4  and conserving the lands hereinafter described, for

  5  controlling the water in the district and the water tables

  6  with respect to the lands therein, for agricultural and

  7  sanitary purposes, and for the public health, convenience,

  8  welfare, utility and benefit; an irrigation, soil conservation

  9  and drainage district is hereby established to be known as

10  "Tindall Hammock Irrigation and Soil Conservation District,"

11  an independent special district, the territorial boundaries of

12  which shall be as follows:

13

14         (1)  Begin at a point which point is a point on

15         the South Line of Tract One Tier Thirty-eight,

16         Fifty Feet East of the Southwest Corner of

17         Tract One, Tier Thirty-eight; Thence run

18         Southerly parallel to the West Line of Tier

19         Thirty-seven to a point which is Fifty Feet

20         East of the West Line of Tier Thirty-seven and

21         Fifty Feet North of the South Line of Tract

22         Four, Tier Thirty-seven; Thence run Easterly

23         parallel to the South Lines of Tract Four, Tier

24         Thirty-seven, Tract Four, Tier Thirty-five,

25         Tract Four, Tier Thirty-three, Tract Four, Tier

26         Thirty-one to a point on the West Line of Tier

27         Twenty-nine, Fifty Feet North of the Southwest

28         Corner of Tract Four, Tier Twenty-nine; Thence

29         run Southerly along the West Line of Tier

30         Twenty-nine to the Southwest Corner of Tract

31         Eight, Tier Twenty-nine; Thence run Easterly


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  1         along the South Lines of Tract Eight, Tier

  2         Twenty-nine, Tract Eight, Tier Twenty-seven,

  3         Tract Eight, Tier Twenty-five, and Tract Eight,

  4         Tier Twenty-three to the Southeast Corner of

  5         Tract Eight, Tier Twenty-three; Thence run

  6         Northerly along the East Line of Tier

  7         Twenty-three to the Southeast Corner of Tract

  8         Four, Tier Twenty-three; Thence run Easterly

  9         along the South Lines of Tract Four, Tier

10         Twenty-one, Tract Four, Tier Nineteen, and

11         Tract Four, Tier Seventeen to the Southeast

12         Corner of Tract Four, Tier Seventeen; Thence

13         run Northerly along the East Line of Tier

14         Seventeen to the Southwest Corner of Tract

15         Three, Tier Fifteen; Thence run Easterly along

16         the South Line of Tract Three, Tier Fifteen to

17         the Southeast Corner of Tract Three, Tier

18         Fifteen; Thence run Southerly along the East

19         Line of Tier Fifteen to the Southeast Corner of

20         Tract Four, Tier Fifteen; Thence run Easterly

21         along the South Line of Tract Four, Tier

22         Thirteen to the Southeast Corner of Tract Four,

23         Tier Thirteen; Thence run Southerly along the

24         East Line of Tier Thirteen to the Northeast

25         Corner of Tract Six, Tier Thirteen; Thence run

26         Westerly along the North Line of Tract Six,

27         Tier Thirteen to the Northwest Corner of Tract

28         Six, Tier Thirteen; Thence run Southerly along

29         the West Line of Tier Thirteen to the Southwest

30         Corner of Tract Seven, Tier Thirteen; Thence

31         run Southerly to the Northwest Corner of Tract


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  1         Eight, Section Twenty-five, Township Fifty

  2         South, Range Forty-one East; Thence run

  3         Southerly along the West Lines of Tract Eight,

  4         Section Twenty-five, Township Fifty South,

  5         Range Forty-one East and Tract Nine, Section

  6         Twenty-five, Township Fifty South, Range

  7         Forty-one East to the Southwest Corner of said

  8         Tract Nine; Thence run Easterly along the South

  9         Line of said Tract Nine to the Southeast Corner

10         of said Tract Nine; Thence run Northerly along

11         the East Line of said Tract Nine to the

12         Northeast Corner of said Tract Nine; Thence

13         Easterly along the South Line of Tract Seven,

14         Section Twenty-five, Township Fifty South,

15         Range Forty-one East to the Southeast Corner of

16         said Tract Seven; Thence run Northerly along

17         the East Line of Tract Seven to the South Line

18         of Tract Six, Tier Nine; Thence run Easterly

19         along the South Line of Tract Six, Tier Nine to

20         the Southeast Corner of Tract Six, Tier Nine;

21         Thence run Northerly along the East Line of

22         Tier Nine to the Southwest Corner of Tract

23         Four, Tier Seven; Thence run Easterly along the

24         South Line of Tract Four, Tier Seven to the

25         Southeast Corner of Tract Four, Tier Seven;

26         Thence run Northerly along the East Line of

27         Tier Seven to the Northeast Corner of Tract

28         Four, Tier Seven; Thence run Westerly along the

29         North Lines of Tract Four, Tier Seven, Tract

30         Four, Tier Nine, Tract Four, Tier Eleven and

31         Tract Four, Tier Thirteen to the Northwest


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  1         Corner of Tract Four, Tier Thirteen; Thence run

  2         Northerly along the West Line of Tier Thirteen

  3         to the Northwest Corner of Tract One, Tier

  4         Thirteen; Thence run Westerly along the North

  5         Lines of Tract One, Tier Fifteen and Tract One,

  6         Tier Seventeen to the Northwest Corner of Tract

  7         One, Tier Seventeen; Thence run Southerly along

  8         the West Line of Tier Seventeen to the

  9         Northwest Corner of Tract Three, Tier

10         Seventeen; Thence run Westerly along the North

11         Line of Tract Three, Tier Nineteen to the

12         Northeast Corner of Tract Three, Tier

13         Twenty-one; Thence run Northerly along the East

14         Line of Tier Twenty-one to the Southeast Corner

15         of Tract One, Tier Twenty-two; Thence run in a

16         Westerly direction along the prolongation of

17         the South Line of Tract One, Tier Twenty-two to

18         the point of beginning; All in Newman's Survey

19         thereof according to the Plat thereof recorded

20         in Plat Book Two, at Page Twenty-six of the

21         Public Records of Dade County, Florida; said

22         lands situate, lying and being in Broward

23         County, Florida.

24

25         (2)  Also included within the territorial

26         boundaries is the West 50 Feet of Tracts 1, 2,

27         3, and 4, Tier 37; and the South 50 Feet of

28         Tract 4, Tier 31, of Tract 4, Tier 33, of Tract

29         4, Tier 35, and of Tract 4, Tier 37, of

30         Newman's Survey thereof, according to the Plat

31         thereof recorded in Plat Book 2, Page 26, Dade


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  1         County Records, said lands situate, lying and

  2         being in Broward County, Florida.

  3         Section 2.  (1)  The governing board of the district

  4  shall be composed of three landowners of the district. The

  5  governing board shall be designated the Board of Supervisors

  6  of the Tindall Hammock Irrigation and Soil Conservation

  7  District.

  8         (2)  The board of supervisors shall be Hamilton C.

  9  Forman, H. Collins Forman, Jr. and Charles R. Forman and said

10  landowners are hereby appointed as the Board of Supervisors of

11  the Tindall Hammock Irrigation and Soil Conservation District

12  and shall hold office until their successors are elected and

13  shall have qualified.

14         (3)  Notice of a landowners' meeting shall be given by

15  publishing the time and place of such meeting in a newspaper

16  of general circulation of Broward County at least 15 days

17  prior to the meeting, the meeting to be held in a public place

18  in Broward County. The landowners, when assembled, shall

19  organize by the election of a chair and secretary of the

20  meeting, who shall conduct the election. At such election,

21  each and every acre of land in the district, except as

22  hereinafter provided, shall represent one share, and each

23  owner shall be entitled to one vote in person or by proxy in

24  writing, for each acre of land owned by him or her in the

25  district. A fraction of an acre shall be voted as the same

26  fraction of a vote.

27         (4)  If any elected supervisor is unable to serve by

28  reason of death, incapacity, or refusal, the board of

29  supervisors may call a special election to fill the vacancy.

30         (5)  At any meeting of landowners, legal

31  representatives may represent the landowners; however, lands


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  1  which are delinquent in the payment of district taxes for 2

  2  years or more after tax sale shall not be considered as lands

  3  entitling anyone to vote in the elections, and such lands

  4  shall not be considered as acreage within the district for the

  5  purpose of determining whether a quorum is present.

  6         (6)  Each supervisor, before entering upon his or her

  7  official duties, shall take and subscribe to an oath before an

  8  officer authorized by law to administer oaths that he or she

  9  will honestly, faithfully, and impartially perform the duties

10  devolving upon him or her in office as supervisor of the

11  district, and that he or she will not neglect any of the

12  duties imposed upon him or her by this act.

13         (7)  Each supervisor shall be entitled to receive a per

14  diem of $5 for attending meetings of the said board of

15  supervisors; however, the compensation of each supervisor

16  shall not exceed the sum of $25 during any 1 month. Members of

17  the board of supervisors shall be reimbursed from time to time

18  for traveling and other necessary expenses incurred incident

19  to the performance of their duties as such supervisors.

20         Section 3.  (1)  The Board of Supervisors of Tindall

21  Hammock Irrigation and Soil Conservation District shall have

22  the power to make contracts; to adopt and use a common seal

23  and alter the same at pleasure; to acquire, hold, and control

24  by condemnation, gift, exchange, purchase, or otherwise, any

25  real or personal property, surveyors' notes or engineering

26  data, which may be needed to carry out the provisions of this

27  act, or which may be useful in the accomplishment of any of

28  the purposes for which said district is created, and to sell,

29  lease, or to otherwise dispose of any such property; to

30  appoint or employ such agents, engineers, attorneys, and

31  employees as the business of the board may require; to


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  1  construct, purchase, operate, and maintain pumping plants and

  2  stations, and all equipment and machinery pertaining thereto;

  3  and to contract for the construction, operation, and

  4  maintenance of the pumping plants and stations, including the

  5  purchase and supply of electric and other power and energy for

  6  the operation of the same; to grant permits to owners of land

  7  within the district for the installation of water control

  8  structures upon such terms and conditions as the board may

  9  determine and to supervise and regulate the operation of such

10  structures; and to borrow money and to issue notes and bonds

11  therefor, as hereinafter provided, in order to enable the

12  board to carry out and perform any powers conferred by this

13  act.

14         (2)  The board of supervisors is exclusively authorized

15  and empowered to establish and construct a system of canals,

16  drainage ditches, drains, levees, dikes, dams, sluices,

17  revetments, locks, reservoirs, onsite water retention areas,

18  floodways, pumping stations, and other works and improvements

19  of such dimension, depth, and proportion as in the judgment of

20  the board is advisable to drain, reclaim, and conserve the

21  lands within the district and to accomplish any of the

22  purposes for which the district was created, and to maintain

23  and operate such works in such manner as the board shall deem

24  most advantageous to the improvement and development of the

25  lands in the district and to accomplish the foregoing objects;

26  to clean out, straighten, open up, widen, or change the course

27  and flow, alter or deepen any canal, ditch, drain, river, or

28  watercourse, inside of the district for the benefit of the

29  district, that the board may deem necessary to facilitate the

30  irrigation, reclamation, drainage, conservation, and

31  improvement of the lands in the district, including navigation


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  1  facilities, making the lands within the district available for

  2  agricultural purposes, habitation, and general utilities; to

  3  concentrate, divert, or divide the flow of water in or out of

  4  the district; to construct or enlarge any bridges, culverts,

  5  or water carrying facilities that may be needed by the

  6  district across any ditch, canal, public highway, or road; to

  7  construct such roadways over levees, embankments, and other

  8  works as may be needed by the district.

  9         (3)  The board shall have the exclusive power and

10  authority to pump water into or out of the canals, ditches,

11  drains, and other works in the district, or on or from the

12  lands in the district in such amounts as the board shall

13  determine; to regulate and control the flow of water into and

14  out of the district; to maintain such water tables with

15  respect to the lands in the district as in the judgment of the

16  board shall be to the best interests of the district and of

17  the landowners therein; and to do or cause to be done or

18  permit others to do all things which may be necessary,

19  desirable, or convenient in order to accomplish any of the

20  foregoing objects.

21         (4)  In maintaining and operating the canals, drains,

22  levees, dikes, dams, locks, pumping stations, water control

23  structures, and other works and improvements, the board of

24  supervisors of the district, its agents, and employees shall

25  have the authority at all reasonable times to enter upon the

26  lands in the district in order to transport and use equipment,

27  machinery, and materials necessary to properly maintain,

28  preserve, and operate such irrigation works.

29         (5)  In addition to the powers herein conferred upon

30  the Board of Supervisors of Tindall Hammock Irrigation and

31  Soil Conservation District, the board shall have and may


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  1  exercise all of the powers conferred upon the board of

  2  supervisors of a drainage district created under the

  3  provisions of chapter 298, Florida Statutes, and acts

  4  amendatory thereof and supplemental thereto, except as such

  5  may be in conflict or inconsistent with the provisions of this

  6  act.

  7         (6)  The district is hereby authorized, empowered, and

  8  directed to construct a water connection by channeling through

  9  or under State Road 84 and Interstate Highway I-595 to the

10  North New River Canal for the purposes as provided herein.

11  Said water connection shall be constructed in accordance with

12  the regulations, requirements, and specifications of the

13  Department of Transportation.

14         Section 4.  The board may, in its discretion, let any

15  part or all of the work to be performed within the district by

16  contract, but no contract for an amount in excess of $25,000

17  shall be let until notice thereof shall have been published in

18  a newspaper of general circulation published in Broward County

19  not less than once a week for 2 consecutive weeks before the

20  date set for the letting of such contract. The work so

21  advertised shall be awarded to the lowest responsible bidder,

22  as may be determined by the board; however, the board shall

23  have the right to reject any and all bids and to readvertise,

24  as provided herein. The board shall have the right to require

25  a bond with a surety to be approved by the board in such

26  amount as the board may determine, conditioned that the

27  contractor will well and truly carry out the contract in

28  accordance with the terms thereof. Nothing in this section

29  shall prevent the board of supervisors from undertaking and

30  performing the work without a contract and by labor operating

31  under the directions of the board, its engineer, or employees.


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  1         Section 5.  (1)  To accomplish and carry out the

  2  purpose of the act, the board is authorized and empowered, but

  3  not directed, to levy and impose upon all lands lying and

  4  being situate within the district an acreage tax not to exceed

  5  the sum of $60 per acre per annum and/or a millage tax not to

  6  exceed 6 mills, the taxes to be levied and collected by the

  7  Board of Supervisors of Tindall Hammock Irrigation and Soil

  8  Conservation District.

  9         (2)  Prior to the first imposition of any millage tax,

10  a referendum shall be held to approve the annual imposition,

11  which shall not exceed the maximum millage rate authorized by

12  this act. In such referendum, each and every acre of land in

13  the district shall represent one share, and each owner shall

14  be entitled to one vote for each acre of land owned by him or

15  her in the district. A fraction of an acre shall be voted as

16  the same fraction of a vote. Once such millage is approved,

17  the district shall not be required to seek approval in future

18  years to levy the previously approved millage.

19         Section 6.  (1)  The board of supervisors may purchase

20  any tax sale certificate held by the state, county, or other

21  governmental agency, which includes taxes levied by or for the

22  Tindall Hammock Irrigation and Soil Conservation District, and

23  the right to sell such certificates, institute foreclosure

24  proceedings thereon, or proceedings to quiet title, or to

25  apply for and obtain a tax deed to lands covered thereby.

26         (2)  The board may sell or lease land acquired through

27  tax deed, foreclosure, or otherwise, upon such terms and

28  conditions as it may determine and at the best price

29  obtainable, either at public or private sale.

30         Section 7.  The Board of Supervisors of Tindall Hammock

31  Irrigation and Soil Conservation District is authorized and


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  1  empowered to borrow money on temporary or permanent loans and

  2  to issue promissory notes and to incur obligations from time

  3  to time upon such terms and at such rates of interest, not

  4  exceeding the rate authorized by general law or, if no rate is

  5  authorized by general law, at a rate not exceeding 12 percent

  6  per year, as the board may determine for the purpose of

  7  raising funds to purchase, install, construct, and prosecute

  8  to final completion the drainage works and improvements herein

  9  authorized, and for the purpose of paying all expenses

10  incident to such work and all expenses necessary or needful in

11  carrying out the purpose of the act, including, without

12  limiting the generality of the foregoing, cost of

13  rights-of-way. To enable the board to borrow and obtain money

14  necessary to carry out and perform the purposes aforesaid, the

15  board is authorized and empowered to issue in the corporate

16  name of the district negotiable coupon bonds, the aggregate

17  amount of all bonds issued hereunder not to exceed $450,000.

18         Section 8.  (1)  The bonds to be issued pursuant to the

19  provisions of this act shall be in denominations of $100, or

20  any multiple thereof, shall bear interest at a rate not to

21  exceed that authorized by general law, payable semiannually,

22  and shall mature at intervals within 50 years from the date of

23  their issuance, at first maturity to be not more than 10 years

24  from the date thereof, and both principal and interest of such

25  bonds shall be payable at a place or places determined by the

26  board and designated in the bonds. All bonds and coupons not

27  paid at a maturity shall bear interest at a rate not to exceed

28  that authorized by general law from maturity until paid.

29         (2)  The bonds shall show on their face the purposes

30  for which they are issued and shall be payable solely out of

31  the acreage and/or millage taxes levied by or for the


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  1  district, pursuant to the provisions of this act. The bonds

  2  shall be signed by the president of the board of supervisors,

  3  attested by the secretary under the seal of the district.

  4  Interest payments shall be evidenced by coupons bearing a

  5  facsimile of the signature of the president of the board of

  6  supervisors, or secretary of the district. Such bonds and

  7  coupons shall be considered as having been validly executed if

  8  signed by the proper officers in the office at the time of

  9  such signing. Said bonds may contain such provisions for

10  registration, either as to principal, or principal and

11  interest, as the board may prescribe, and in the discretion of

12  the board it may be provided that, at any time after such

13  dates as shall be fixed by the board, the bonds may be

14  redeemed at the option of the board, in a manner and at a

15  price to be specified in the resolution in pursuance of which

16  said bonds are issued.

17         (3)  The board of supervisors is authorized to provide

18  in the resolution authorizing the issuance of bonds and in the

19  bonds that one-half of the acreage and/or millage tax will be

20  devoted to, so far as necessary, the payment of the principal

21  of and interest on the bonds; that the holders of such bonds

22  shall have a first lien upon one-half of the acreage and/or

23  millage tax; and that no further charge shall be placed upon

24  the proceeds of such tax or obligation incurred payable

25  therefrom unless such charge or obligation be junior and

26  subordinate to the lien upon such proceeds for the payment of

27  the principal and interest on the bonds.

28         (4)  All bonds issued under the provisions of this act

29  may be validated in the manner now or hereafter provided for

30  the validation of bonds of drainage districts.

31


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  1         Section 9.  (1)  This act shall, without reference to

  2  any other act of the Legislature, be full authority for the

  3  issuance and sale of bonds of Tindall Hammock Irrigation and

  4  Soil Conservation District as authorized in this act, which

  5  bonds shall have all the qualities of negotiable paper under

  6  the law merchant, and shall not be invalid for any

  7  irregularity or defect in the proceedings for the sale and

  8  issue thereof and shall be incontestable in the hands of bona

  9  fide purchasers or holders thereof for value. No proceedings

10  in respect to the issuance of any such bonds shall be

11  necessary except such as are required by this act. The

12  provisions of this act shall constitute an irrepealable

13  contract between the district and the holders of any bonds and

14  coupons attached thereto issued pursuant to the provisions

15  hereof. Any holder of any bonds or coupons may either at law

16  or in equity, by suit or mandamus, enforce and compel the

17  performance of the duties required by this act of any of the

18  officers or persons mentioned in this act in relation to the

19  bonds or to the collection, enforcement, and application of

20  the taxes for the payment thereof.

21         (2)  In levying and imposing the acreage and/or millage

22  tax as provided in this act, the board shall take into account

23  maturing bonds and interest on all bonds and, within the

24  limits prescribed by this act, shall levy and impose annually

25  a sufficient amount of acreage and/or millage taxes to pay the

26  principal of and interest on such bonds promptly as they

27  become due. All bonds issued hereunder, regardless of the time

28  of sale, shall be equal in dignity and without priority except

29  as to time of payment therein stated.

30         (3)  All bonds issued pursuant to the provisions of

31  this act, when executed, shall be delivered to the treasurer


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  1  of the district, who shall hold the same subject to the order

  2  of the board. The board may sell or otherwise dispose of the

  3  bonds in such manner as may be deemed necessary to meet the

  4  payments for the works and improvements of the district and

  5  the other purposes for which such bonds were issued. The bonds

  6  shall not be sold for less than 95 percent of the par value

  7  thereof, plus accrued interest.

  8         Section 10.  (1)  Upon the adoption by the board of

  9  supervisors of a resolution providing for the issuance of

10  bonds, a certified copy of such resolution shall be forwarded

11  to the Board of County Commissioners of Broward County. At the

12  first meeting of the board of county commissioners after the

13  receipt of the certified copy of the resolution, the board of

14  county commissioners shall order that an election be held in

15  the portion of the district lying within the county at a time

16  and a place designated by the board of county commissioners to

17  determine whether or not the bonds authorized by such

18  resolution shall be issued, and in such election only the

19  landowners who are qualified electors owning land in the

20  district shall be entitled to vote. Prior to the time of the

21  holding of the election, the board of county commissioners

22  shall cause to be published, once a week for 4 consecutive

23  weeks, in a newspaper of general circulation published in the

24  county, a notice of the holding of the election which shall

25  specify the time and place or places of the holding thereof.

26  The board of county commissioners shall appoint a clerk or

27  clerks and inspectors for such election, who need not be

28  qualified electors residing in Tindall Hammock Irrigation and

29  Soil Conservation District.

30         (2)  For such election, electors may be registered as

31  prescribed by the general laws of the State of Florida for


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  1  registration of electors, and such electors shall have the

  2  same qualifications and prerequisites for voting as in

  3  elections under the general election laws, and in addition

  4  thereto they shall submit proof by affidavit before the

  5  registration office that they are landowners who are qualified

  6  electors owning land within the Tindall Hammock Irrigation and

  7  Soil Conservation District. All registered landowner electors

  8  residing in Tindall Hammock Irrigation and Soil Conservation

  9  District, as shown by the general registration books of

10  Broward County on the date of the closing of the registration

11  books, as hereinafter provided, shall be entitled to

12  participate in the bond election. No electors shall be

13  registered for such bond election within 5 days prior to the

14  date of holding of such election. The registration books in

15  the county shall be open during usual office hours, for the

16  registration of landowners of Tindall Hammock Irrigation and

17  Soil Conservation District from the date of the first

18  publication of the notice of the election in the county to the

19  date 5 days prior to the date of holding of the election.

20         (3)  After the closing of the registration books, 5

21  days prior to the date of holding of such election, the Board

22  of County Commissioners of Broward County shall cause to be

23  prepared and certified by the registration officer of the

24  county, a list of the names of all qualified electors

25  appearing on the county registration books who are determined

26  to be landowners of Tindall Hammock Irrigation and Soil

27  Conservation District, and who are also determined to be

28  qualified to vote in the election. In each county, a certified

29  copy of such lists of qualified electors who are landowners of

30  Tindall Hammock Irrigation and Soil Conservation District who

31  are entitled to participate in the election, shall be


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  1  furnished to the inspectors and clerks of the election at

  2  every voting place where election in the county is to be held,

  3  and such lists shall be deemed taken and held to be prima

  4  facie evidence of the total number of qualified electors who

  5  are landowners of the Tindall Hammock Irrigation and Soil

  6  Conservation District who are qualified to vote in such

  7  election, and no person shall be permitted to vote in any

  8  election whose name does not appear upon such list. In making

  9  up the list of qualified voters, as herein provided, such

10  investigation shall be made as will warrant the conclusion

11  that all names appearing on the list are qualified to vote in

12  the bond election and that the list is a complete list of all

13  voters residing in Broward County. After the county

14  registration officer certifies the list of voters, who are

15  qualified electors and who are landowners of the Tindall

16  Hammock Irrigation and Soil Conservation District, the list

17  shall be filed and preserved among the records of the Board of

18  Supervisors of Tindall Hammock Irrigation and Soil

19  Conservation District.

20         (4)  Any person shall be deemed to be a landowner who

21  has an immediate beneficial ownership interest, legal or

22  equitable, in the title to a fee simple estate in land

23  situated within the boundaries of Tindall Hammock Irrigation

24  and Soil Conservation District.

25         Section 11.  (1)  At the bond election, ballot boxes

26  may be used, notwithstanding the fact that at the time of

27  holding the election, voting machines may be in general use in

28  Broward County. The ballots to be used in such election shall

29  have printed thereon the description of the issuance of bonds

30  to be voted on as the board of supervisors of the district may

31  prescribe. Direction to the voter to express his or her choice


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  1  by making an "X" mark in the space opposite the words "For

  2  Bonds" or "Against Bonds" shall be stated on the ballot. The

  3  clerks and inspectors of the elections shall make returns to

  4  the board of county commissioners which appointed them

  5  immediately after the elections and the board of county

  6  commissioners shall hold special meetings as soon thereafter

  7  as practicable for the purpose of canvassing the election

  8  returns and shall determine and certify to the result thereof

  9  for the county. The certificates shall each show the number of

10  qualified electors in the county who are landowners of Tindall

11  Hammock Irrigation and Soil Conservation District, and shall

12  show the total number of votes cast "For Bonds" and "Against

13  Bonds." The certificates shall be forwarded immediately to the

14  Board of Supervisors of the Tindall Hammock Irrigation and

15  Soil Conservation District, by the board of county

16  commissioners. The certificates of declaration of result of

17  such elections shall be recorded in the minutes of the board

18  of supervisors of the district.

19         (2)  If it shall appear from the certificates of the

20  board of county commissioners as a result of the elections

21  that a majority of the landowners who are qualified electors

22  of Tindall Hammock Irrigation and Soil Conservation District

23  participated in the bond elections, and that a majority of the

24  votes cast in such elections are in favor of the issuance of

25  such bonds then the same shall be deemed to have been

26  authorized in accordance with s. 12, Art. VII of the State

27  Constitution, as amended.

28         (3)  Whenever any election shall be called and held,

29  under the provisions of this act, and the votes cast thereat

30  returned, tallied, and canvassed by the board of county

31  commissioners, and the findings of the board certified to the


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  1  Board of Supervisors of Tindall Hammock Irrigation and Soil

  2  Conservation District, as herein provided, and recorded on the

  3  minutes of the board of supervisors, a duly certified copy of

  4  such certificates shall be admissible as evidence in all

  5  courts of the state, and shall be deemed prima facie evidence

  6  of the truth of the facts recited and shown thereby, including

  7  the regularity of the call, conduct, and holding of such

  8  election at the time and place specified.

  9         Section 12.  No proceedings for the holding of the bond

10  election shall be necessary except such as are required by the

11  provisions of this act; however, the board may follow any of

12  the provisions of the General Election Law of Florida or the

13  provisions of chapter 100, Florida Statutes, as now appearing

14  or hereafter amended, except such as are in conflict.

15         Section 13.  All expenses of holding a bond election,

16  pursuant to the provisions of this act, shall be paid out of

17  the funds of Tindall Hammock Irrigation and Soil Conservation

18  District.

19         Section 14.  (1)  Two members of the board of

20  supervisors shall constitute a quorum. The board of

21  supervisors shall, by resolution, fix the time and the place

22  for holding regular meetings, but special meetings may be

23  called by the president or any two members of the board of

24  supervisors, at any time or place. The meeting place of the

25  board may be either within or without the district.

26         (2)  The board of supervisors shall employ a competent

27  person or bank or trust company as treasurer of the district.

28  The same person may act as secretary and treasurer of the

29  district, if the board shall deem it to be advisable. The

30  treasurer shall execute a bond in such sum as shall be fixed

31  by the board and with a surety approved by the board


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  1  conditioned that he or she will well and truly perform the

  2  duties imposed upon him or her by this act and that he or she

  3  will account for all moneys coming into his or her hands as

  4  treasurer of the district. The treasurer shall pay out funds

  5  of the district, only upon checks, drafts, or warrants issued

  6  by the district, which checks, drafts, or warrants shall be

  7  signed by the treasurer and countersigned by at least one

  8  member of the board of supervisors.

  9         (3)  At the organizational meeting of the board, or as

10  soon thereafter as is practicable, the board may, if deemed

11  desirable, select and appoint a competent person as chief

12  engineer of the district. The board may require the chief

13  engineer to enter into a bond with good and sufficient surety

14  in a sum to be named by the board conditioned that he or she

15  will faithfully and honestly perform all of the duties

16  required of him or her by the board of supervisors and deliver

17  to his or her successors all instruments, papers, maps,

18  documents, and other articles which may come into his or her

19  hands by virtue of his or her employment.

20         Section 15.  All taxes or assessments levied pursuant

21  to the provisions of this act shall constitute a lien upon the

22  lands within the district as of the first day of January of

23  each year in which the assessments are made, which liens shall

24  be superior in dignity to all other liens upon the lands

25  except liens for state and county taxes and shall be equal in

26  dignity to the lien for the state and county taxes.

27         Section 16.  Damage to any ditch, canal, drain, levee,

28  pumping station, or other works established or constructed

29  under this act, obstruction of the flow of water in any canal,

30  ditch, drain, or waterway, or removal of any earth, rock, or

31  material from the banks of any canal, drain, ditch, or


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  1  waterway within the district without permission from the board

  2  of supervisors, is declared to be a criminal offense and

  3  misdemeanor within the meaning of s. 775.08, Florida Statutes,

  4  and shall be punishable as provided by general law.

  5         Section 17.  The provisions of chapter 298, Florida

  6  Statutes, as now or hereafter amended, when not in conflict

  7  with the provisions of this act shall be applicable to the

  8  Tindall Hammock Irrigation and Soil Conservation District.

  9         Section 18.  The purpose of forming the Tindall Hammock

10  Irrigation and Soil Conservation District is to create an

11  irrigation district for the purpose of controlling,

12  regulating, and maintaining the water levels in all the

13  ditches and canals lying within the boundaries of the district

14  separate and apart from drainage purposes. To accomplish this

15  purpose it is necessary for the irrigation district board of

16  supervisors to have full, complete, and exclusive control over

17  all water levels within the Tindall Hammock Irrigation and

18  Soil Conservation District. In order to carry out the purpose

19  and intent of this act, the Board of Supervisors of the

20  Tindall Hammock Irrigation and Soil Conservation District is

21  authorized and empowered to have the exclusive right and

22  power, in their discretion, to regulate, maintain, and control

23  the water levels in all the canals and ditches lying within

24  the boundaries of the Tindall Hammock Irrigation and Soil

25  Conservation District.

26         Section 19.  All lawful debts, bonds, obligations,

27  contracts, franchises, promissory notes, audits, minutes,

28  resolutions, and other takings of the Tindall Hammock

29  Irrigation and Soil Conservation District are validated and

30  shall continue to be valid and binding on the Tindall Hammock

31  Irrigation and Soil Conservation Drainage District in


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  1  accordance with their respective terms, conditions, covenants,

  2  and tenor. Any procedure heretofore done by the Tindall

  3  Hammock Irrigation and Soil Conservation District under the

  4  Florida Statutes or any other law for the construction of any

  5  improvements, works, or facilities, for the assessment of

  6  benefits and damages, or for the borrowing of money shall not

  7  be impaired or avoided by this act, but shall be continued and

  8  completed in the name of Tindall Hammock Irrigation and Soil

  9  Conservation Drainage District.

10         Section 20.  The title, rights, and ownership of all

11  property, both real and personal, uncollected taxes,

12  assessments, claims, judgments, decrees, choses in action, and

13  all property and property rights held or owned by the Tindall

14  Hammock Irrigation and Soil Conservation District shall pass

15  to and be vested in the Tindall Hammock Irrigation and Soil

16  Conservation District.

17         Section 21.  No obligations or contracts of Tindall

18  Hammock Irrigation and Soil Conservation District, including

19  financial obligations heretofore made or any proceeding

20  heretofore begun for any improvement, or for the borrowing of

21  money, or issuing of bonds, shall be impaired or avoided by

22  this act, but such debts, obligations, and contracts shall

23  pass to and be binding upon the Tindall Hammock Irrigation and

24  Soil Conservation District and all such proceedings heretofore

25  begun for the construction of any improvements or for the

26  borrowing of money or issuing of bonds may be continued and

27  completed and binding upon the Tindall Hammock Irrigation and

28  Soil Conservation District; and likewise, all debts of and

29  claims against the Tindall Hammock Irrigation and Soil

30  Conservation District shall be valid against the Tindall

31  Hammock Irrigation and Soil Conservation District.


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  1         Section 22.  All existing rules, resolutions, and

  2  regulations of the Tindall Hammock Irrigation and Soil

  3  Conservation District not in conflict with the provisions of

  4  this act shall continue in effect unless repealed, amended, or

  5  modified by the Tindall Hammock Irrigation and Soil

  6  Conservation District.

  7         Section 3.  Except as specifically reenacted herein,

  8  chapter 27428, Laws of Florida, 1951, chapter 28935, Laws of

  9  Florida, 1953, chapters 78-477, 86-370, and 90-475, Laws of

10  Florida, are repealed.

11         Section 4.  In the event any section, or provision of

12  this act is determined to be invalid or unenforceable, such

13  determination shall not affect the validity of or

14  enforceability of each other section and provision of this

15  act.

16         Section 5.  In the event of a conflict of the

17  provisions of this act, with the provisions of any other act,

18  the provisions of this act shall control to the extent of such

19  conflict.

20         Section 6.  This act shall take effect October 1 of the

21  year in which enacted.

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