Senate Bill sb2564er

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  1

  2         An act relating to Indian Trail Improvement

  3         District, Palm Beach County; providing for

  4         codification of special laws relating to the

  5         Indian Trail Improvement District, a special

  6         tax district of the state; providing

  7         legislative intent; codifying, reenacting, and

  8         amending chapters 57-646, 67-692, 80-569,

  9         82-352, 83-491, 88-501, 89-465, 90-446, 92-261,

10         97-326, 99-473, Laws of Florida; providing for

11         minimum charter requirements; amending the

12         boundaries of the district to include

13         additional lands; providing for supervisor

14         qualifications, terms of office, election

15         procedures, and compensation; providing for a

16         referendum; providing for provisions of other

17         laws made applicable; providing for

18         ratification of prior actions; repealing

19         chapters 57-646, 67-692, 80-569, 82-352,

20         83-491, 88-501, 89-465, 90-446, 92-261, 97-326,

21         99-473, Laws of Florida, relating to the Indian

22         Trail Improvement District; providing for

23         liberal construction; providing for

24         severability; providing an effective date.

25

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

27

28         Section 1.  Pursuant to section 189.429, Florida

29  Statutes, this act constitutes the codification of all special

30  acts relating to the Indian Trail Improvement District, an

31  independent special district and public corporation of the


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  1  state. It is the intent of the Legislature in enacting this

  2  law to provide a single, comprehensive special act charter for

  3  the district, including all current legislative authority

  4  granted to the district by its several legislative enactments

  5  and any additional authority granted by this act. It is

  6  further the intent of this act to preserve all district

  7  authority, including the authority to annually assess and levy

  8  taxes or non-ad valorem assessments against all assessable

  9  property in the district.

10         Section 2.  Chapters 57-646, 67-692, 80-569, 82-352,

11  83-491, 88-501, 89-465, 90-446, 92-261, 97-326, and 99-473,

12  Laws of Florida, are codified, reenacted, amended, and

13  repealed as provided in this act.

14         Section 3.  The Indian Trail Improvement District is

15  re-created, and the charter for the District is re-created and

16  reenacted to read:

17         Section 1.  In accordance with section 189.404(3),

18  Florida Statutes, the following are the minimum requirements

19  for the charter of the Indian Trail Improvement District:

20         (1)  The district is organized and exists for all

21  purposes set forth in this act and chapter 298, Florida

22  Statutes, as they may be amended from time to time, except as

23  otherwise provided in this act.

24         (2)  The powers, functions, and duties of the district

25  regarding non-ad valorem assessments, bond issuance, other

26  revenue-raising capabilities, budget preparation and approval,

27  liens and foreclosure of liens, use of tax deeds and tax

28  certificates as appropriate for non-ad valorem assessments,

29  and contractual agreements shall be as set forth in chapters

30  189, 197, and 298, Florida Statutes, this act, or any other

31


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  1  applicable general or special law, as they may be amended from

  2  time to time.

  3         (3)  The district was created by chapter 57-646, Laws

  4  of Florida.

  5         (4)  The district's charter may be amended only by

  6  special act of the Legislature.

  7         (5)  In accordance with chapter 57-646, Laws of

  8  Florida, and the subsequent amendatory special acts of the

  9  Legislature, the district is governed by a board of

10  supervisors. The membership and organization of the board

11  shall be as set forth in this act, as it may be amended from

12  time to time.

13         (6)  The compensation of board members shall be

14  governed by this act, as it may be amended from time to time.

15         (7)  The administrative duties of the board shall be as

16  set forth in this act, as it may be amended from time to time.

17         (8)  Requirements for financial disclosure, meeting

18  notices, reporting, public records maintenance, and per diem

19  expenses for officers and employees shall be as set forth in

20  chapters 112, 119, 189, 286, and 298, Florida Statutes, as

21  they may be amended from time to time.

22         (9)  The procedures and requirements governing the

23  issuance of bonds, notes, and other evidence of indebtedness

24  by the district shall be as set forth in chapters 189 and 298,

25  Florida Statutes, and applicable general laws, as they may be

26  amended from time to time.

27         (10)  The procedures for conducting district elections

28  and for qualification of electors shall be pursuant to

29  chapters 189 and 298, Florida Statutes, this act, and

30  applicable general laws, as they may be amended from time to

31  time.


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  1         (11)  The district may be financed by any method

  2  established in this act, chapters 189 and 298, Florida

  3  Statutes, or any applicable general laws, as they may be

  4  amended from time to time.

  5         (12)  In accordance with chapter 298, Florida Statutes,

  6  the district may continue to levy upon all of the real taxable

  7  property in the district a special tax each year as

  8  maintenance tax.

  9         (13)  The method for collecting non-ad valorem

10  assessments, fees, or service charges shall be as set forth in

11  chapters 197 and 298, Florida Statutes, as they may be amended

12  from time to time.

13         (14)  The district's planning requirements shall be as

14  set forth in chapters 189 and 298, Florida Statutes, as they

15  may be amended from time to time.

16         Section 2.  District created and boundaries

17  thereof.--For the purpose of reclaiming and draining the lands

18  hereinafter described and protecting such lands from the

19  effects of water by means of the construction and maintenance

20  of canals, ditches, levees, dikes, pumping plants, and other

21  drainage works and improvements, and for the purpose of making

22  the lands within the district available and habitable for

23  settlement and agriculture, for the public convenience,

24  welfare, utility, and benefit, and for the other purposes

25  stated in this act, a water control district is created and

26  established in Palm Beach County, to be known as the Indian

27  Trail Improvement District, a water control district, the

28  territorial boundaries of which shall include the following

29  land:

30

31         TOWNSHIP 41 SOUTH, RANGE 41 EAST


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  1

  2         That part of Sections 18, 19, and 20, lying

  3         South of the southerly right-of-way of the

  4         Seaboard Coast Line Railroad, all being in

  5         Township 41 South, Range 41 East.

  6

  7         The West 1/2 of Section 29, all of Sections 30

  8         and 31, and the West 1/2 of Section 32,

  9         Township 41 South, Range 41 East.

10

11         TOWNSHIP 42 SOUTH, RANGE 39 EAST

12

13         The south one-half (S 1/2) of Sections 13, 14,

14         and 15; all of Sections 21, 22, 23, 24, 25, 26,

15         27, and 28; the north one-half (N 1/2) of

16         Section 29; and all that part of Section 36

17         lying north and east of the north easterly

18         right-of-way line of levee L-8, a project in

19         the plan of water control of the Central and

20         Southern Florida Flood Control District.

21

22         TOWNSHIP 42 SOUTH, RANGE 40 EAST

23

24         The south one-half (S 1/2) of Sections 13, 14,

25         15, 16, 17, and 18 and all of Sections 19, 20,

26         21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32,

27         33, 34, 35, and 36.

28

29         TOWNSHIP 42 SOUTH, RANGE 41 EAST

30

31


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  1         The West 1/2 of Section 14, lying South of the

  2         right-of-way for North Lake Boulevard, the same

  3         being a part of Stonewal Estates Plat One as

  4         recorded in Plat Book 47, pages 12 thru 17

  5         inclusive, all in Palm Beach County, Florida;

  6         the West one-half (W 1/2) of Section 23; and

  7         all of Sections 26, 31, 33, 34, and 35.

  8

  9         The West 1/2 of Section 17 and all of Sections

10         18, 19, 20, 21, 22, 27, 28, 29, 30, and 32.

11

12         The West 80 feet of Sections 6 and 7 and the

13         South 80 feet of the North 280 feet of the West

14         1,700 feet of Section 6.

15

16         TOWNSHIP 43 SOUTH, RANGE 39 EAST

17

18         All of Sections 1, 2, 11, 12, 13, 14, 23, and

19         24 and all that part of Sections 25, 26, and 36

20         lying north and east of the northeasterly

21         right-of-way line of levee L-12, a project in

22         the plan of water control of the Central and

23         Southern Florida Flood Control District.

24

25         TOWNSHIP 43 SOUTH, RANGE 40 EAST

26

27         All of Sections 4, 5, 6, 7, 8, 9, 10, 11, 14,

28         15, 17, 18, 20, 21, 22, 23, and 26; that part

29         of Section 3 lying Northerly and Westerly of

30         the Southeasterly right-of-way line of the "M"

31         Canal; the west three-quarters (W 3/4) of


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  1         Sections 13, 24, and 25; all that part of

  2         Section 35 lying north of the northerly

  3         right-of-way line of State Road 80; all that

  4         part of the West three-quarters (W 3/4) of

  5         Section 36 lying north of the northerly

  6         right-of-way line of State Road 80; and all

  7         that part of the West one-half (W 1/2) of

  8         Section 31 lying north and east of the

  9         northerly and easterly right of way lines of

10         State Road 80 and Levee L-12 a project in the

11         plan of water control of the Central and

12         Southern Florida Flood Control District.

13

14         TOWNSHIP 43 SOUTH, RANGE 41 EAST

15

16         All of sections 1, 2, 3, 4, 9, 10, 11, 14, 15,

17         23, and 26; the east one-half (E 1/2) and the

18         east one-half of the southwest one-quarter (E

19         1/2 of SW 1/4) of Section 22; the west

20         one-quarter (W 1/4) of Section 24; the

21         northwest one-quarter (NW 1/4) of Section 25;

22         the east three-quarters (E 3/4) of Section 27;

23         all that part of the east one-half of the west

24         one-half (E 1/2 of W 1/2) of Section 34 lying

25         north of the northerly right-of-way line of

26         State Road 80; and all that part of the west

27         one-half (W 1/2) of Section 35 lying north of

28         the northerly right-of-way line of State Road

29         80.

30

31                         PARCEL 1


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  1

  2         A parcel of land lying in the South 587.82 feet

  3         of Section 15, Township 42 South, Range 41

  4         East, Palm Beach County, Florida, being bounded

  5         as follows:

  6

  7         Bounded on the South by the South line of

  8         Section 15.

  9

10         Bounded on the West by the right-of-way for

11         Coconut Boulevard as recorded in Official

12         Records Book 5778, Page 1279, Public Records,

13         Palm Beach County, Florida.

14

15         Bounded on the North by the right-of-way for

16         Lake Park West Road as recorded in Official

17         Records Book 1229, Page 131, Public Records,

18         Palm Beach County, Florida.

19

20         Bounded on the East by the right-of-way for

21         120th Avenue North as recorded in Official

22         Records Book 1229, Page 135, Public Records,

23         Palm Beach County, Florida.

24

25         Containing: 35.15 acres, more or less.

26

27                         PARCEL 2

28

29         A parcel of land lying in the South 587.82 feet

30         of Section 15, Township 42 South, Range 41

31


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  1         East, Palm Beach County, Florida, being bounded

  2         as follows:

  3

  4         Bounded on the South by the South line of

  5         Section 15.

  6

  7         Bounded on the West by the right-of-way as

  8         recorded in Official Records Book 1229, Page

  9         135, Public Records, Palm Beach County,

10         Florida.

11

12         Bounded on the North by the right-of-way for

13         Lake Park West Road as recorded in Official

14         Records Book 1229, Page 131, Public Records,

15         Palm Beach County, Florida.

16

17         Bounded on the East by the right-of-way for

18         Coconut Boulevard as recorded in Official

19         Records Book 5778, Page 1279, Public Records,

20         Palm Beach County, Florida.

21

22         Containing: 30.71 acres, more or less.

23

24                         PARCEL 3

25

26         A parcel of land lying in the South 587.82 feet

27         of Section 16, Township 42 South, Range 41

28         East, Palm Beach County, Florida, being bounded

29         as follows:

30

31


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  1         Bounded on the South by the South line of

  2         Section 16.

  3

  4         Bounded on the West by the right-of-way for

  5         140th Avenue North as recorded in Official

  6         Records Book 1229, Page 183, Public Records,

  7         Palm Beach County, Florida.

  8

  9         Bounded on the North by the right-of-way for

10         Lake Park West Road as recorded in Official

11         Records Book 1229, Page 125, Public Records,

12         Palm Beach County, Florida.

13

14         Bounded on the East by the East line of the

15         West one-half of Section 16.

16

17         Containing: 35.31 acres, more or less.

18

19                         PARCEL 4

20

21         A parcel of land lying in the South 587.82 feet

22         of Section 17, Township 42 South, Range 41

23         East, Palm Beach County, Florida, being bounded

24         as follows:

25

26         Bounded on the South by the South line of

27         Section 17.

28

29         Bounded on the West by the West line of the

30         East one-half of Section 17.

31


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  1         Bounded on the North by the right-of-way for

  2         Lake Park West Road as recorded in Official

  3         Records Book 1229, Page 125, Public Records,

  4         Palm Beach County, Florida.

  5

  6         Bounded on the East by the right-of-way for

  7         140th Avenue North as recorded in Official

  8         Records Book 1229, Page 133, Public Records,

  9         Palm Beach County, Florida.

10

11         Containing: 35.73 acres, more or less.

12         Section 3.  Provisions of chapter 298, Florida

13  Statutes, made applicable.--The Indian Trail Improvement

14  District shall be a public corporation of this state. The

15  provisions of the general drainage and water control laws of

16  Florida applicable to water control districts which are

17  embodied in chapter 298, Florida Statutes, and all of the laws

18  amendatory thereof, now existing or hereafter enacted, so far

19  as not inconsistent with this act, are declared to be

20  applicable to Indian Trail Improvement District. Indian Trail

21  Improvement District shall have all of the powers and

22  authority mentioned in or conferred by chapter 298, Florida

23  Statutes, and acts amendatory thereof, except as otherwise

24  provided in this act.

25         Section 4.  Provisions of chapter 153, Florida

26  Statutes, made applicable.--The provisions of the County Water

27  System and Sanitary Sewer Financing Law which are embodied in

28  chapter 153, Florida Statutes, and all the laws amendatory

29  thereof, now existing or hereafter enacted, so far as not

30  inconsistent with this act, are declared to be applicable to

31  Indian Trail Improvement District. Indian Trail Improvement


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  1  District shall have all of the powers and authority mentioned

  2  in or conferred by chapter 153, Florida Statutes, and acts

  3  amendatory thereof. Where referred to in chapter 153, Florida

  4  Statutes, "county" or "counties" shall mean this district;

  5  "county commission" or "commission" shall mean the board of

  6  supervisors of this district; "engineer" shall mean the

  7  engineer for this district; "county tax assessor" shall mean

  8  the county tax collector or the treasurer of the district,

  9  whoever is collecting the taxes of the district in the

10  discretion of the board of supervisors; and all other words or

11  terms in chapter 153, Florida Statutes, shall be construed so

12  as to refer and be applicable to this district.

13         Section 5.  Powers of the district.--

14         (1)  The district shall have the power to sue and be

15  sued by its name in any court of law or in equity, to make

16  contracts, to adopt and use a corporate seal and to alter the

17  same at pleasure; to acquire by purchase, gift, or

18  condemnation real and personal property, either or both,

19  within or without the district, and to convey and dispose of

20  such real and personal property, either or both, as may be

21  necessary or convenient to carry out the purposes, or any of

22  the purposes, of this act and chapters 298 and 153, Florida

23  Statutes; to construct, operate, and maintain canals, ditches,

24  drains, levees, and other works for drainage and water control

25  purposes; to acquire, purchase, operate, and maintain pumps,

26  plants, and pumping systems for drainage and water control

27  purposes; to construct, operate, and maintain irrigation

28  works, machinery, and plants; to construct, improve, pave, and

29  maintain roadways and roads necessary and convenient for the

30  exercise of the powers or duties or any of the powers or

31  duties of the district or the supervisors; and, in furtherance


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  1  of the purposes and intent of this act and chapter 298,

  2  Florida Statutes, to construct, improve, pave, and maintain

  3  roadways and roads necessary and convenient to provide access

  4  to and efficient development of areas made suitable and

  5  available for cultivation, settlement, and other beneficial

  6  use and development as a result of the drainage and

  7  reclamation operations of the district; included as a

  8  component of roads in a water control plan parkways, bridges,

  9  landscaping, irrigation, bicycle and jogging paths, street

10  lighting, traffic signals, road striping, and all other

11  customary elements of a modern road system; however, as it

12  relates to traffic signals, the district must obtain

13  authorization from the appropriate state or local government

14  prior to expending funds; to construct, operate, and maintain

15  gas mains and facilities for the distribution of natural gas

16  and to purchase natural gas for distribution in the district;

17  to construct and maintain recreation areas and facilities,

18  including the authority to provide for the construction,

19  operation, and maintenance of such recreation areas and

20  facilities; provide recreation and playground equipment;

21  employ supervisory personnel; organize and sponsor community

22  and athletic teams and events; provide liability insurance to

23  cover such projects; lease recreation areas and facilities to

24  nonprofit community corporations or groups; and provide any

25  other programs and elements of recreation areas and

26  facilities, including trails, the enumeration of the same not

27  being exclusive; to borrow money and issue negotiable or other

28  bonds of the district as provided in this act; to borrow

29  money, from time to time, and issue negotiable or other notes

30  of the district therefor, bearing interest at the rate as

31  provided by law, in anticipation of the collection of taxes,


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  1  levies, and assessments or revenues of the district, and to

  2  pledge or hypothecate such taxes, levies, assessments, and

  3  revenues to secure such bonds, notes, or obligations, and to

  4  sell, discount, negotiate, and dispose of the same; and to

  5  exercise all other powers necessary, convenient, or proper in

  6  connection with any of the powers or duties of the district

  7  stated in this act. The powers and duties of the district

  8  shall be exercised by its board of supervisors, which board

  9  shall have the authority to employ engineers, attorneys,

10  agents, employees, and representatives as the board of

11  supervisors from time to time determines, and to fix their

12  compensation and duties.

13         (2)  There shall be adopted by resolution such

14  policies, guidelines, and procedures which will thereby

15  authorize the district, at its discretion, to elect to use

16  either a public bid negotiation process for the letting of

17  contracts and purchase orders for works and improvements of

18  the district, including procurement of personal property,

19  commodities, and services, when the cost of such works and

20  improvements, personal property, commodities, and services

21  does not exceed the CATEGORY TWO amount set forth in section

22  287.017, Florida Statutes.

23         Section 6.  Board of supervisors; organization; terms

24  of office; election; vacancy.--

25         (1)  Organization.--

26         (a)  The business affairs of the district shall be

27  conducted and administered by a five-member board of

28  supervisors elected by the electors of the district.

29         (b)  The office of each member of the board is

30  designated as being a seat on the board, distinguished from

31  each of the other seats by a numeral: 1, 2, 3, 4, or 5. The


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  1  numerical seat designation does not designate a geographical

  2  subdistrict. Each candidate for a seat on the board shall

  3  designate, at the time the candidate qualifies, the seat on

  4  the board for which the candidate is qualifying. The name of

  5  each candidate who qualifies for election to a seat on the

  6  board shall be included on the ballot in a way that clearly

  7  indicates the seat for which the candidate is a candidate.

  8         (c)  To qualify for office:

  9         1.  Each candidate for the office of district

10  supervisor must be a qualified elector of the district; and

11         2.  At the time of qualification, each candidate for a

12  board of supervisors seat shall reside within the boundaries

13  of an activated unit of the district and, if elected, shall

14  maintain such residency throughout the term of office.

15         (2)  Terms of office.--

16         (a)  In the first election following the effective date

17  of this act, seats 1, 3, and 5 shall be designated for 4-year

18  terms and seats 2 and 4 shall be designated for 2-year terms.

19  Thereafter, the terms of all supervisors shall be for 4 years.

20         (b)  Each supervisor shall remain in office until the

21  successor is elected and assumes the duties of the position.

22         (c)  The term of every supervisor who is holding office

23  on the effective date of this act shall be extended from

24  September 2002 until November 2002 to coincide with the first

25  election held pursuant to this section.

26         (3)  Elections.--

27         (a)  Electors.--Any person who is a resident of an

28  activated unit of development of the district who has

29  qualified as an elector of this state and who registers in the

30  manner prescribed by law is an elector of the district.

31


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  1         (b)  Nonpartisan elections.--All elections for the

  2  district supervisors shall be conducted on a nonpartisan basis

  3  without any designation of political party affiliation.

  4         (c)  Qualification.--Any person who wishes to become a

  5  candidate for a district supervisor's seat shall qualify with

  6  the county supervisor of elections in accordance with the

  7  provisions of the Florida Election Code and this act.

  8         (d)  Schedule for elections and primaries.--The regular

  9  nonpartisan district election shall be held on the first

10  Tuesday after the first Monday in November of each

11  even-numbered year, beginning in November 2002. If there are

12  more than two candidates who qualify for any office, a primary

13  election shall be held at the same time as the first primary

14  election.

15         (e)  Schedule for other elections.--An election to fill

16  the remainder of an unexpired term shall be held as provided

17  in this subsection.

18         (f)  Determination of election of office.--If only one

19  candidate qualifies for an office, that candidate shall be

20  deemed to be elected. If two candidates qualify for an office,

21  the names of those candidates shall be placed on the ballot at

22  the general election. If more than two candidates qualify for

23  an office, the names of those candidates shall be placed on

24  the ballot at the first primary election. If no candidate

25  receives a majority of the votes cast for an office in the

26  primary election, the two candidates receiving the highest

27  vote for such office shall be placed on the ballot at the

28  general election, provided that:

29         1.  In any contest in which there is a tie for second

30  place, the name of the candidate placing first and the names

31


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  1  of the candidates tying for second shall be placed upon the

  2  general election ballot.

  3         2.  The candidate receiving the highest number of votes

  4  cast for the office in the general election shall be elected

  5  to such office. If the vote at the general election results in

  6  a tie, the outcome shall be determined by lot.

  7         (g)  Elected or reelected supervisors shall be inducted

  8  into office at the first regularly scheduled meeting following

  9  certification of the election.

10         (4)  Filling of vacancies.--

11         (a)  If any board member fails to attend three

12  consecutive meetings without cause and without prior approval

13  of the chair, that member shall be deemed to have committed

14  neglect of duty and may be subject to the provisions of

15  chapter 112, Florida Statutes.

16         (b)  If any vacancy occurs in the office of any

17  district supervisor and the remainder of the unexpired term is

18  less than or equal to 2 years and 81 days, the remaining

19  supervisors shall, within 30 days following the occurrence of

20  such vacancy, by majority vote, appoint a person to fill the

21  vacancy for the remainder of the unexpired term. If, however,

22  the remainder of the unexpired term exceeds 2 years and 81

23  days, the remaining supervisors shall, within 30 days

24  following the occurrence of such vacancy, by majority vote,

25  appoint a person to fill the vacancy until the next regularly

26  scheduled district election.

27         (c)  Any person appointed to fill a vacant seat on the

28  board of supervisors shall be required to meet the

29  qualifications of the seat to which that person is appointed.

30         Section 7.  Compensation of supervisors.--Each

31  supervisor shall be paid for his or her services in accordance


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  1  with chapter 298, Florida Statutes, and shall be paid 10 cents

  2  per mile for each mile actually traveled in going to and from

  3  his or her place of residence to the place of meeting.

  4         Section 8.  Meeting of landowners; public hearings.--

  5         (1)  The board of supervisors may to call special

  6  meetings of the landowners at any time to receive reports of

  7  the board of supervisors or consider and act upon any matter

  8  upon which the board of supervisors requests advice. Notice of

  9  all meetings of the landowners shall be given by the board of

10  supervisors by causing publication thereof to be made for 2

11  consecutive weeks before such meeting in some newspaper

12  published in Palm Beach County. The meetings of the landowners

13  shall be held in some public place in the county, and the

14  place, day, and hour of holding such meetings shall be stated

15  in the notice. The landowners when assembled shall organize by

16  electing a chair who shall preside at the meeting.

17         (2)  Before adopting the annual budget, authorizing a

18  special assessment, or making a material expenditure, as

19  defined in this act, the board of supervisors shall hold a

20  public hearing upon due public notice, at which time the

21  landowners in the district shall have an opportunity to be

22  heard. At such hearings, the board of supervisors shall hear

23  comments from those landowners who will be directly affected

24  by the issue that is the subject of the public hearing. For

25  purposes of this section, "material expenditure" means an

26  expenditure for a line item in the budget which exceeds, on a

27  cumulative basis, the amount of such line item by 10 percent

28  during each fiscal year. However, an expenditure that does not

29  exceed $1,000, cumulatively, shall not be a material

30  expenditure. For purposes of this act, due public notice shall

31  mean publication of notice of the time, place, and purpose of


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  1  the scheduled meeting or hearing for 2 consecutive weeks in

  2  some newspaper of general circulation published in Palm Beach

  3  County. The board of supervisors need not hold a public

  4  hearing before making a material expenditure if the board, in

  5  its best judgment, determines that an emergency exists.

  6         Section 9.  Installment and maintenance taxes levied

  7  and apportioned and the collection thereof.--Taxes shall be

  8  levied and apportioned as provided for in chapter 298, Florida

  9  Statutes, and amendments thereto.

10         Section 10.  Enforcement of taxes and discounts; when

11  unpaid taxes delinquent; penalty.--

12         (1)  The collection and enforcement of all taxes levied

13  by the district shall be at the same time and in like manner

14  as county taxes, and the provisions of the Florida Statutes

15  relating to the sale of lands for unpaid and delinquent county

16  taxes, the issuance, sale, and delivery of tax certificates

17  for such unpaid and delinquent county taxes, the redemption

18  thereof, the issuance to individuals of tax deeds based

19  thereon, and all other procedures in connection therewith

20  shall be applicable to the district and the delinquent and

21  unpaid taxes of the district to the same extent as if such

22  statutory provisions were expressly set forth in this act. All

23  taxes shall be subject to the same discounts as county taxes.

24  All discounts allowed shall be a charge against the

25  maintenance tax only.

26         (2)  All taxes levied by the district shall be and

27  become delinquent and bear penalties on the amount of such

28  taxes in the same manner as county taxes.

29         Section 11.  Taxes and costs; lien on land against

30  which taxes levied; taxes levied a lien of equal dignity with

31  other taxes.--All drainage taxes levied by the district,


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  1  together with all penalties for default in payment of the same

  2  and all costs in collecting the same, shall constitute a lien

  3  of equal dignity with the liens for county taxes, and other

  4  taxes of equal dignity with county taxes, upon all the lands

  5  against which such taxes are levied. A sale of any of the

  6  lands within the district for county or other taxes shall not

  7  operate to relieve or release the lands so sold from the lien

  8  for subsequent installments of district taxes, which lien may

  9  be enforced against such lands as though no such sale thereof

10  had been made.

11         Section 12.  Uniform acreage tax for payment of

12  expenses.--Pursuant to section 298.349, Florida Statutes, the

13  district may levy upon each and every acre of land within a

14  newly created unit of development within such Indian Trail

15  Improvement District a uniform initial assessment of $50 per

16  acre for the year in which the unit of development is created

17  to be used by the district, through its board of supervisors,

18  for the purpose of paying expenses incurred or to be incurred

19  in making surveys of the lands in the district, assessing

20  district administrator benefits and damages and other expenses

21  necessarily incurred, as estimated or determined by the board

22  of supervisors, before the board of supervisors collects or

23  receives funds under the subsequent provisions of this act.

24  Such assessment shall be a lien upon the lands in the district

25  from the date of the creation of the new unit of development

26  and shall be collected in the same manner as the annual

27  installment of taxes. If it appears to the board of

28  supervisors to be necessary to obtain funds to pay any

29  expenses incurred or to be incurred in organizing the

30  district, making surveys, preparing the water control plan, or

31  other expenses of the conduct and operation of such district


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  1  before a sufficient sum can be obtained by the collection of

  2  the acreage tax levied by this section, the board of

  3  supervisors may borrow a sufficient sum of money for any of

  4  such purposes at a rate of interest as provided by general

  5  law, may issue negotiable notes or bonds therefor signed by

  6  the members of the board of supervisors, and may pledge any

  7  and all assessments of the acreage tax levied under the

  8  provisions of this section for the repayment thereof. The

  9  board of supervisors may issue to any person or persons

10  performing work or services or furnishing anything of value in

11  the organization of the district or making surveys of the same

12  and assessing benefits or damages or preparing the water

13  control plan and other expenses necessarily incurred before

14  the receipt of funds arising from assessments or benefits,

15  negotiable evidence of debt bearing interest at the rate as

16  provided by general law.

17         Section 13.  Bonds may be issued; sale and disposition

18  of proceeds; interest; levy to pay bonds; bonds and duties of

19  Treasurer, etc.--

20         (1)  The board of supervisors may, if in its judgment

21  it seems best, issue bonds not to exceed 90 percent of the

22  total amount of the taxes levied under the provisions of

23  section 298.36, Florida Statutes, in denominations of not less

24  than $100, bearing interest from date at a rate not to exceed

25  the rate as provided by general law, payable annually or

26  semiannually, to mature at annual intervals within 40 years

27  commencing after a period of not later than 10 years, to be

28  determined by the board of supervisors, both principal and

29  interest payable at some convenient place designated by the

30  board of supervisors to be named in such bonds, which bonds

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


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  1  attested with the seal of the district and by the signature of

  2  the secretary of the board. All of the bonds shall be executed

  3  and delivered to the treasurer of the district, who shall sell

  4  the same in such quantities and at such dates as the board of

  5  supervisors deems necessary to meet the payments for the works

  6  and improvements in the district. Such bonds shall not be sold

  7  for less than 90 cents on the dollar, with accrued interest,

  8  shall show on their face the purpose for which they are

  9  issued, and shall be payable out of money derived from the

10  aforesaid taxes. A sufficient amount of the drainage tax shall

11  be appropriated by the board of supervisors for the purpose of

12  paying the principal and interest of the bonds, and the same

13  shall, when collected, be preserved in a separate fund for

14  that purpose and no other. All bonds and coupons not paid at

15  maturity shall bear interest at the rate as provided by

16  general law or until sufficient funds have been deposited at

17  the place of payment, and such interest shall be appropriated

18  by the board of supervisors out of the penalties and interest

19  collected on delinquent taxes or other available funds of the

20  district. However, it may, in the discretion of the board, be

21  provided that at any time, after such date as shall be fixed

22  by the board, the bonds may be redeemed before maturity at the

23  option of the board, or their successors in office, by being

24  made callable prior to maturity at such times and upon such

25  prices and terms and other conditions as the board shall

26  determine. If any bond so issued subject to redemption before

27  maturity shall not be presented when called for redemption, it

28  shall cease to bear interest from and after the date so fixed

29  for redemption.

30         (2)  The board of supervisors of the district may issue

31  refunding bonds to take up any outstanding bonds and any


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  1  interest accrued thereon when, in the judgment of the board,

  2  it is in the best interest of the district so to do. The board

  3  is authorized and empowered to issue refunding bonds to take

  4  up and refund all bonds of the district outstanding that are

  5  subject to call and prior redemption, and all interest accrued

  6  to the date of such call or prior redemption, and all bonds of

  7  the district that are not subject to call or redemption,

  8  together with all accrued interest thereon, where the

  9  surrender of the bonds can be procured from the holders

10  thereof at prices satisfactory to the board or can be

11  exchanged for such outstanding bonds with the consent of the

12  holder thereof. Such refunding bonds may be issued at any time

13  when in the judgment of the board it will be to the interest

14  of the district financially or economically to secure a lower

15  rate of interest on the bonds or by extending the time of

16  maturity of the bonds, or for any other reason in the judgment

17  of the board advantageous to the district. Such refunding

18  bonds may mature at any time or times in the discretion of the

19  board, not later, however, than 40 years from the date of

20  issuance of said refunding bonds. Such refunding bonds shall

21  bear a date of issue and such other details as the board

22  determines and may in the discretion of the board be made

23  callable prior to maturity at such times and upon such prices

24  and terms and other conditions as the board determines. All

25  the other applicable provisions of this act not inconsistent

26  therewith shall apply fully to such refunding bonds and the

27  holders thereof shall have all the rights, remedies, and

28  security of the outstanding bonds refunded, except as may be

29  provided otherwise in the resolution of the board authorizing

30  the issuance of such refunding bonds. Any funds available in

31  the sinking fund for the payment of the principal and interest


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  1  of outstanding bonds may be retained in the fund to be used

  2  for the payment of principal and interest of the refunding

  3  bonds, in the discretion of the board of supervisors. Any

  4  expenses incurred in buying any or all bonds authorized under

  5  the provisions of this section and the interest thereon and a

  6  reasonable compensation for paying same shall be paid out of

  7  the funds in the hands of the treasurer and collected for the

  8  purpose of meeting the expenses of administration. It shall be

  9  the duty of the board of supervisors in making the annual tax

10  levy to take into account the maturing bonds and interest on

11  all bonds and expenses and to make a provision in advance for

12  the payment of same.

13         (3)  In case the proceeds of the original tax levy made

14  under the provisions of section 298.36, Florida Statutes, are

15  not sufficient to pay the principal and interest of all bonds

16  issued, the board of supervisors shall make such additional

17  levy or levies upon the benefits assessed as are necessary for

18  this purpose, and under no circumstances shall any tax levies

19  be made that will in any manner or to any extent impair the

20  security of the bonds or the fund available for the payment of

21  the principal and interest of the same. The treasurer shall,

22  at the time of the receipt by him or her of such bonds,

23  execute and deliver to the president of the board of the

24  district a bond with good and sufficient surety to be approved

25  by the board, conditioned that he or she shall account for and

26  pay over as required by law and as ordered by the board of

27  supervisors any and all moneys received by him or her on the

28  sale of such bonds, or any of them, and that he or she shall

29  only sell and deliver such bonds to the purchaser or

30  purchasers thereof under and according to the terms herein

31  prescribed, and that he or she shall return to the board of


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  1  supervisors and duly cancel any and all bonds not sold when

  2  ordered by the board to do so. Such bonds when so returned

  3  shall remain in the custody of the president of the board of

  4  supervisors, who shall produce the same for inspection or for

  5  use as evidence whenever and wherever legally requested to do

  6  so. The treasurer shall promptly report all sales of bonds to

  7  the board of supervisors. The board shall at reasonable time

  8  thereafter prepare and issue warrants in substantially the

  9  form provided in section 298.17, Florida Statutes, for the

10  payment of maturing bonds so sold and the interest payments

11  coming due on all bonds sold. Each of such warrants shall

12  specify what bonds and accruing interest it is to pay, and the

13  treasurer shall place sufficient funds at the place of payment

14  to pay the maturing bonds and coupons when due, together with

15  necessary compensation for paying same. The successor in

16  office of any such treasurer shall not be entitled to such

17  bonds or the proceeds thereof until he or she has complied

18  with all of the foregoing provisions applicable to his or her

19  predecessor in office. The aforesaid bond of the treasurer

20  may, if the board so directs, be furnished by a surety or

21  bonding company, which may be approved by the board of

22  supervisors, provided that, if it is deemed more expedient to

23  the board of supervisors as to money derived from the sale of

24  bonds issued, the board may by resolution select some suitable

25  bank or banks or other depository as temporary treasurer or

26  treasurers to hold and disburse such moneys upon the order of

27  the board as the work progresses, until such fund is exhausted

28  or transferred to the treasurer by order of the board of

29  supervisors. The funds derived from the sale of the bonds or

30  any of them shall be used for the purpose of paying the cost

31  of the drainage works and improvements, and such costs, fees,


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  1  expenses, and salaries as may be authorized by law, and used

  2  for no other purpose.

  3         Section 14.  Full authority for issue and sale of bonds

  4  authorized.--

  5         (1)  This act shall, without reference to any other act

  6  of the Legislature, be full authority for the issuance and

  7  sale of the bonds authorized in this act, which bonds shall

  8  have all the qualities of negotiable paper under the law

  9  merchant and shall not be invalid for any irregularity or

10  defect in the proceedings for the issuance and sale thereof

11  and shall be incontestable in the hands of bona fide

12  purchasers or holders thereof. No proceedings in respect to

13  the issuance of any such bonds shall be necessary, except such

14  as are required by this act. The provisions of this act shall

15  constitute an irrepealable contract among the board of

16  supervisors and the Indian Trail Improvement District and the

17  holders of any bonds and the coupons thereof issued pursuant

18  to the provisions hereof. Any holder of any of such bonds or

19  coupons may either in law or in equity by suit, action, or

20  mandamus enforce and compel the performance of the duties

21  required by this act of any of the officers or persons

22  mentioned in this act in relation to the bonds, or to the

23  correct enforcement and application of the taxes for the

24  payment thereof.

25         (2)  After the several bonds and coupons are paid and

26  retired as provided in this act, they shall be returned to the

27  treasurer, and they shall be canceled and an appropriate

28  record thereof made in a book to be kept for that purpose,

29  which record of paid and canceled bonds shall be kept at the

30  office of the treasurer and shall be open for inspection of

31  any bondholder at any time.


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  1         Section 15.  Eminent domain.--The board of supervisors

  2  is authorized and empowered to exercise the right of eminent

  3  domain and may condemn for the use of the district any and all

  4  lands, easements, rights of way, riparian rights, and property

  5  rights of every description, in or out of the district,

  6  required for the public purposes and powers of the board as

  7  granted in this act, and may enter upon, take, and use such

  8  lands as it may deem necessary for such purposes.

  9         Section 16.  Unit development; powers of supervisors to

10  designate units of district and adopt system of progressive

11  drainage by units; water control plans and financing

12  assessments, etc., for each unit.--

13         (1)  The Board of Supervisors of Indian Trail

14  Improvement District may drain and reclaim or more completely

15  and intensively drain and reclaim the lands in the district by

16  designated areas or parts of the district to be called

17  "units." The units into which the district may be so divided

18  shall be given appropriate numbers or names by the board of

19  supervisors, so that such units may be readily identified and

20  distinguished. The board of supervisors shall have the power

21  to fix and determine the location, area, and boundaries of and

22  lands to be included in each and all such units, the order of

23  development thereof, and the method of carrying on the work in

24  each unit. The unit system of drainage provided by this

25  section may be conducted and all of the proceedings by this

26  section and this act authorized in respect to such unit or

27  units may be carried on and conducted at the same time as or

28  after the work of draining and reclaiming of the entire

29  district has been, is being, or shall be instituted or carried

30  on under the provisions of this act. If the board of

31  supervisors determines that it is advisable to conduct the


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  1  work of draining and reclaiming the lands in the district by

  2  units, as authorized by this section, it shall, by resolution

  3  duly adopted and entered upon its minutes, declare its purpose

  4  to conduct such work accordingly, and shall at the same time

  5  and manner fix the number, location, and boundaries of and

  6  description of lands within such unit or units and give them

  7  appropriate numbers or names. As soon as practicable after the

  8  adoption and recording of such resolution, the board of

  9  supervisors shall publish notice once a week for 2 consecutive

10  weeks in a newspaper published in Palm Beach County, briefly

11  describing the units into which the district has been divided

12  and the lands embraced in each unit, giving the name, number,

13  or other designation of such units, requiring all owners of

14  lands in such district to show cause in writing before the

15  board of supervisors at a time and place to be stated in such

16  notice why such division of the district into such units

17  should not be approved, and the system of development by units

18  should not be adopted and given effect by the board, and why

19  the proceedings and powers authorized by this section should

20  not be had, taken, and exercised. At the time and place stated

21  in the notice, the board of supervisors shall hear all

22  objections or causes of objection, all of which shall be in

23  writing, of any landowner in the district to the matters

24  mentioned and referred to in such notice, and if no objections

25  are made, or if such objections, if made, are overruled by

26  such board, then the board shall enter in its minutes its

27  finding and order confirming said resolution, and may

28  thereafter proceed with the development, drainage, and

29  reclamation of the district by units pursuant to such

30  resolution and to the provisions of this act. If, however, the

31  board of supervisors finds as a result of such objections, or


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  1  any of them, or the hearing thereon, that the division of the

  2  district into such units as aforesaid should not be approved,

  3  that such system of development by units should not be adopted

  4  and given effect, that the proceedings and powers authorized

  5  by this section should not be had, taken, or exercised, or

  6  that any other matter or thing embraced in such resolution

  7  would not be in the best interest of the landowners of the

  8  district or would be unjust or unfair to any landowner therein

  9  or otherwise inconsistent with fair and equal protection and

10  enforcement of the rights of every landowner in the district,

11  then such board of supervisors shall not proceed further under

12  such resolution, but such board of supervisors may, as a

13  result of such hearing, modify or amend such resolution so as

14  to meet such objections so made, and thereupon the board may

15  confirm such resolution as so modified or amended and may

16  thereafter proceed accordingly. The sustaining of such

17  objections and the rescinding of such resolutions shall not

18  exhaust the power of the board under this section; but, at any

19  time not less than 1 year after the date of the hearing upon

20  any such resolution, the board of supervisors may adopt other

21  resolutions under this section and thereupon proceed on due

22  notice in like manner as above. If the board of supervisors

23  overrules or refuses to sustain any such objections in whole

24  or in part made by any landowner in the district, or if any

25  such landowner deems himself or herself aggrieved by any

26  action of the board of supervisors in respect to any

27  objections so filed, such landowner may, within 10 days after

28  the ruling of the board, file a bill of complaint in a court

29  of competent jurisdiction against the district praying an

30  injunction or other appropriate relief against the action or

31  any part of such action proposed by such resolution or


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  1  resolutions of such board, and such suits shall be conducted

  2  like other suits, except that such suits shall have preference

  3  over all other pending actions except criminal actions and

  4  writs of habeas corpus. Upon the hearing of such cause the

  5  court may hear the objections and receive the evidence thereon

  6  of all parties to such cause and approve or disapprove such

  7  resolutions and action of the board in whole or in part, and

  8  render such decree in such cause as right and justice require.

  9  When such resolutions creating such unit system are confirmed

10  by the board of supervisors or by the court if such proposed

11  action is challenged by a landowner by the judicial

12  proceedings hereinabove authorized, the board of supervisors

13  may adopt a plan or plans of water control for and in respect

14  to any or all such units, and to have the benefits and damages

15  resulting therefrom assessed and apportioned by the district

16  engineer and the engineer's report considered and confirmed,

17  all in like manner as is provided by law in regard to water

18  control plans for and assessments for benefits and damages of

19  the entire district. With respect to the water control plan,

20  notices, engineer's report, and notice and confirmation

21  thereof, the levy of assessments and taxes, including

22  maintenance taxes, and the issuance of bonds and all other

23  proceedings as to each and all of such units, such board shall

24  follow and comply with the same procedure as is provided by

25  law with respect to the entire district; and such board of

26  supervisors has the same powers in respect to each and all of

27  such units as is vested in it with respect to the entire

28  district. All the provisions of this act apply to the

29  drainage, reclamation, and improvement of each, any, and all

30  of such units, and the enumeration of or reference to specific

31  powers or duties of the supervisors or any other officers or


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  1  other matters in this act as hereinabove set forth shall not

  2  limit or restrict the application of any and all of the

  3  proceedings and powers herein to the drainage and reclamation

  4  of such units as fully and completely as if such unit or units

  5  were specifically and expressly named in every section and

  6  clause of this act where the entire district is mentioned or

  7  referred to. All assessments, levies, taxes, bonds, and other

  8  obligations made, levied, assessed, or issued for or in

  9  respect to any such unit or units shall be a lien and charge

10  solely and only upon the lands in such unit or units,

11  respectively, for the benefit of which the same shall be

12  levied, made, or issued, and not upon the remaining units or

13  lands in the district. The board of supervisors may at any

14  time amend its resolutions by changing the location and

15  description of lands in any such unit or units; and provided,

16  further, that if the location of or description of lands

17  located in any such unit or units is so changed, notice of

18  such change shall be published as required in this section for

19  notice of the formation or organization of such unit or units,

20  and all proceedings shall be had and done in that regard as

21  are provided in this section for the original creation of such

22  unit or units. However, no lands against which benefits have

23  been assessed may be detached from any such unit after the

24  confirmation of the engineer's report of benefits in such unit

25  or units or the issuance of bonds or other obligations which

26  are payable from taxes or assessments for benefits levied upon

27  the lands within such unit or units.

28         (2)  If, after the confirmation of the engineer's

29  report of benefits in such unit or units, or the issuance of

30  bonds or other obligations which are payable from taxes or

31  assessments for benefits levied upon lands within such unit or


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  1  units, the board of supervisors finds the water control plan

  2  for any such unit or units insufficient or inadequate for

  3  efficient development, the water control plan may be amended

  4  or changed as provided in chapter 298, Florida Statutes, and

  5  the unit or units may be amended or changed as provided in

  6  this section, by changing the location and description of

  7  lands in any such unit or units, by detaching lands therefrom,

  8  or by adding lands thereto. In such event all assessments,

  9  levies, taxes, bonds, and other obligations made, levied,

10  assessed, incurred, or issued for or in respect to any such

11  unit or units may be allocated and apportioned to the amended

12  unit or units in proportion to the benefits assessed by the

13  engineer's report for the amended water control plan and such

14  report shall specifically provide for such allocation and

15  apportionment. However, a change or amendment to a designated

16  unit is not authorized if it has the effect of impairing a

17  debt or other obligation of the unit or district.

18         Section 17.  Amendment of water control plan.--

19         (1)  The Board of Supervisors of Indian Trail

20  Improvement District may amend a previously approved water

21  control plan by resolution, provided that the district

22  engineer certifies that all land benefited by the improvements

23  provided for in the original plan receives the same or greater

24  benefits as previously assessed and that the estimated cost of

25  implementing the plan, as amended, does not exceed the total

26  benefits assessed in the manner provided by law, until such

27  time as chapter 298, Florida Statutes, is amended to provide a

28  process for implementing section 298.225(8), Florida Statutes.

29         (2)  Indian Trail Improvement District may accept for

30  maintenance additional facilities which are within its

31  boundaries and which are donated to the district at no cost


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  1  and may supplement a previously adopted water control plan to

  2  include such facilities.

  3         Section 18.  Ratification of prior acts.--All acts and

  4  proceedings of the circuit court taken by, for, and on behalf

  5  of the district since the creation thereof; all of the acts

  6  and proceedings of the board of supervisors, the

  7  commissioners, and all other officers and agents of the

  8  district, and of the county, acting for and on behalf of the

  9  district; and any and all tax levies and assessments which

10  have been made by the board of supervisors for and on behalf

11  of the district, are each and every one of them, and each and

12  every part thereof, ratified, validated, and confirmed.

13         Section 4.  Chapters 57-646, 67-692, 80-569, 82-352,

14  83-491, 88-501, 89-465, 90-446, 92-261, 97-326, and 99-473,

15  Laws of Florida, are repealed.

16         Section 5.  This act shall be construed as remedial and

17  shall be liberally construed to promote the purpose for which

18  it is intended.

19         Section 6.  If any provision of this act or its

20  application to any person or circumstance is held invalid, the

21  invalidity does not affect other provisions or applications of

22  the act which can be given effect without the invalid

23  provision or application, and to this end the provisions of

24  this act are declared severable.

25         Section 7.  Except as otherwise provided in this act,

26  in the event of a conflict of the provisions of this act with

27  the provisions of any other act, the provisions of this act

28  shall control to the extent of such conflict.

29         Section 8.  A landowner referendum shall be called by

30  the board of supervisors within 60 days after the effective

31  date of this act on the question of whether the board of


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  1  supervisors will be elected by qualified electors, as provided

  2  by section 6 of the charter contained in section 3 of this

  3  act. Notwithstanding section 298.12, Florida Statutes, all

  4  district landowners whose lands are not exempt from district

  5  assessments and may be assessed for benefits are entitled to

  6  vote in the referendum held pursuant to this section. The

  7  referendum shall be held on a one-acre/one-vote basis. If the

  8  landowners approve the election procedure described in section

  9  6 of the charter contained in section 3 of this act by a

10  majority vote of the acreage cast, then such section shall

11  take effect immediately. A landowners referendum shall also be

12  called at the same time on the question of whether the

13  governing board shall be a 5-member or 7-member board.

14  Provided the election procedures of section 6 of the charter

15  contained in section 3 of this act are approved and the

16  landowners approve a 7-member board by a majority vote of the

17  acreage cast, then section 6 of the charter contained in

18  section 3 of this act shall be amended to provide a 7-member

19  board with member 6 first term of office 4 years and member 7

20  first term of office 2 years.  If the landowners do not

21  approve the election procedure described in section 6 of the

22  charter contained in section 3 of this act by a majority vote

23  of the acreage cast, then such section shall be replaced by

24  the following:

25         Section 6.  Board of supervisors; election;

26  organization; meetings; powers; duties; terms of office.--

27         (1)  The governing body of the Indian Trail Improvement

28  District shall be the board of supervisors. The board shall

29  have seven members who shall hold office for terms of 3 years

30  each and shall serve until their successors shall be duly

31


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  1  elected and qualified. Current members of the board shall

  2  continue to serve until successors are elected.

  3         (2)  Every 3rd year during the month of September,

  4  beginning September 2003, all supervisors shall be elected, as

  5  provided in this section, by the landowners of the

  6  subdistricts identified in subsection (4). All vacancies or

  7  expirations on such board shall be filled as required by this

  8  act. The Supervisors of the Indian Trail Improvement District

  9  shall be residents of the subdistrict from which elected and

10  owners of lands or property within such subdistrict. In case

11  of a vacancy in the office of any supervisor, the remaining

12  supervisors may fill such vacancy until the next election,

13  when his or her successor shall be elected by the landowners

14  of the subdistrict which elected the supervisor.

15         (3)  As soon as practicable after their election, the

16  board of supervisors of the district shall organize by

17  choosing one of their members as president of such board of

18  supervisors and by electing some suitable person secretary,

19  who may or may not be a member of the board. The secretary

20  shall be required to execute a bond for the faithful

21  performance of his or her duties in such penal amount as the

22  board may determine. The board of supervisors shall adopt a

23  seal which shall be the seal of the district. At each annual

24  meeting of the landowners of the district, the board of

25  supervisors shall report all work undertaken or completed

26  during the preceding year and the status of the finances of

27  the district.

28         (4)  With the assistance of the district engineer and

29  attorney, the board shall designate seven subdistricts as

30  nearly equal in population as practicable, no later than June

31


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  1  30, 2002. Redistricting of the seven subdistricts shall occur

  2  every 10 years thereafter by the end of June.

  3         (5)  The subdistricts shall be designated as

  4  subdistricts 1, 2, 3, 4, 5, 6, and 7, respectively. Beginning

  5  with the 2003 elections, a candidate for a subdistrict seat

  6  shall be a resident of the subdistrict for which he or she

  7  runs.

  8         (6)  All candidates shall qualify with the Secretary of

  9  Indian Trail Improvement District by July 30 of the year in

10  which they run and must declare the subdistrict number for

11  which they qualify.

12         (7)  All assessed acreage within the Indian Trail

13  Improvement District may be voted in any election. Each acre

14  and any fraction thereof shall count as one vote. Only

15  assessed acres within a subdistrict may be cast for a

16  supervisor candidate within a designated district. The

17  candidate receiving the most votes of the acreage cast for

18  each subdistrict is elected. If only one candidate qualifies

19  for a seat, that candidate shall be deemed to have received

20  the most votes and be elected.

21         (8)  The board shall adopt official qualifications,

22  proxy and ballot forms, and such other policy as required to

23  conduct elections. The board shall also appoint an independent

24  certified public accountant who shall count all ballots and

25  certify results of each election.

26         Section 9.  Except as otherwise specifically provided

27  in this act, this act shall take effect upon becoming a law.

28

29

30

31


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