HB 1365

1
A bill to be entitled
2An act relating to Tindall Hammock Irrigation and Soil
3Conservation District, Broward County; amending chapter
498-523, Laws of Florida; providing for the addition of
5certain lands into the district; providing the board with
6the power to own, acquire, construct, operate, and improve
7water systems and sewer systems within and without the
8district; amending the amount for which advertisement for
9bids is required for the procurement by the district of
10contractual services and purchase of goods, supplies, and
11materials to comply with general law; providing additional
12requirements for the procurement of goods and services and
13contracts for improvements to district facilities;
14providing for the election of supervisors; redesignating
15the office of president of the board to chair of the
16board; creating the office of vice chair of the board;
17providing for a designation of who shall preside at
18meetings of the board; providing for the election of
19officers of the board; providing for the calling of
20special meetings of the board; providing the maximum
21allowable interest rate on loans, notes, bonds,
22assessments, and other obligations of the district;
23revising the district's bond criteria and provisions;
24providing that the meeting place of the district shall be
25in Broward County; deleting obsolete provisions; revising
26inconsistent provisions; revising provisions relating to
27controlling, regulating, and maintaining water systems and
28sewer systems within and without the district; providing
29severability; providing an effective date.
30
31Be It Enacted by the Legislature of the State of Florida:
32
33     Section 1.  Section 1, subsections (2) and (3) of section
342, subsection (6) of section 3, sections 4, 7, and 8, subsection
35(1) of section 9, subsections (1) and (3) of section 10, section
3611, subsection (1) of section 14, and section 18 of section 2 of
37chapter 98-523, Laws of Florida, are amended, and subsection (7)
38is added to section 3 of section 2 of that chapter, to read:
39     Section 1.  For the purpose of draining, reclaiming, and
40conserving the lands hereinafter described;, for controlling the
41water in the district and the water tables with respect to the
42lands therein;, for agricultural and sanitary purposes; for
43owning, acquiring, constructing, operating, and improving water
44systems and sewer systems within or without the district;, and
45for the public health, convenience, welfare, utility, and
46benefit,; an irrigation, soil conservation, and drainage, and
47special improvement district is hereby established to be known
48as "Tindall Hammock Irrigation and Soil Conservation District,"
49an independent special district, the territorial boundaries of
50which shall be as follows:
51
52(1)  Begin at a point which point is a point on the South
53Line of Tract One, Tier Thirty-eight of John W. Newman's
54Survey, according to the plat thereof as recorded in Plat
55Book Two, Page Twenty-Six of the Public Records of Dade
56County, Florida;, Fifty Feet East of the Southwest Corner
57of Tract One, Tier Thirty-eight; Thence run Southerly to a
58point on the North Line of Tract One of Tier Thirty-seven,
59which point is Fifty Feet East of the Northwest Corner of
60Tract One, Tier Thirty-seven; Thence run Westerly to the
61Northwest Corner of said Tract One, Tier Thirty-seven;
62Thence run Southerly along parallel to the West Line of
63Tier Thirty-seven to the Southwest corner a point which is
64Fifty Feet East of the West Line of Tier Thirty-seven and
65Fifty Feet North of the South Line of Tract Four, Tier
66Thirty-seven; Thence run Easterly along parallel to the
67South Lines of Tracts Tract Four, of Tiers Tier Thirty-
68seven, Tract Four, Tier Thirty-five, Tract Four, Tier
69Thirty-three, and Tract Four, Tier Thirty-one, and
70prolongations thereof, to a point on the West Line of Tier
71Twenty-nine, Fifty Feet North of the Southwest Corner of
72Tract Four, Tier Twenty-nine; Thence run Southerly along
73the West Line of Tier Twenty-nine to the Southwest Corner
74of Tract Eight, Tier Twenty-nine; Thence run Easterly
75along the South Lines of Tracts Tract Eight, of Tiers Tier
76Twenty-nine, Tract Eight, Tier Twenty-seven, Tract Eight,
77Tier Twenty-five, and Tract Eight, Tier Twenty-three, and
78prolongations thereof, to the Southwest Southeast Corner
79of Tract Seven Eight, Tier Twenty-one Twenty-three; Thence
80run Northerly along the West East Line of Tier Twenty-one
81Twenty-three to the South line of the North 497.50 feet of
82Tract Five, Tier Twenty-one; Thence run Easterly along
83said South line to the East line of the West 245 feet of
84Tract Five, Tier Twenty-one; Thence run Northerly along
85the East line of the West 245 feet of said Tract Five to
86the South line of Tract Four, Tier Twenty-one Southeast
87Corner of Tract Four, Tier Twenty-three; Thence run
88Easterly along the South Lines of Tracts Tract Four, of
89Tiers Tier Twenty-one, Tract Four, Tier Nineteen, and
90Tract Four, Tier Seventeen, and prolongations thereof, to
91the Southeast Corner of Tract Four, Tier Seventeen; Thence
92run Northerly along the East Line of Tier Seventeen to the
93Southwest Corner of Tract Three, Tier Fifteen; Thence run
94Easterly along the South Line of Tract Three, Tier Fifteen
95to the Southeast Corner of Tract Three, Tier Fifteen;
96Thence run Southerly along the East Line of Tier Fifteen
97to the Southeast Corner of Tract Four, Tier Fifteen;
98Thence run Easterly along the Easterly prolongation of the
99South Line of Tract Four, Tier Fifteen and the South Line
100of Tract Four, Tier Thirteen to the Southeast Corner of
101Tract Four, Tier Thirteen; Thence run Southerly along the
102East Line of Tier Thirteen to the Northeast Corner of
103Tract Six, Tier Thirteen; Thence run Westerly along the
104North Line of Tract Six, Tier Thirteen to the Northwest
105Corner of Tract Six, Tier Thirteen; Thence run Southerly
106along the West Line of Tier Thirteen to the Southwest
107Corner of Tract Seven, Tier Thirteen; Thence run Southerly
108to the Northwest Corner of Tract Eight, Section Twenty-
109five, Township Fifty South, Range Forty-one East; Thence
110run Southerly along the West Lines of Tract Eight, Section
111Twenty-five, Township Fifty South, Range Forty-one East
112and Tract Nine, Section Twenty-five, Township Fifty South,
113Range Forty-one East to the Southwest Corner of said Tract
114Nine; Thence run Easterly along the South Line of said
115Tract Nine to the Southeast Corner of said Tract Nine;
116Thence run Northerly along the East Line of said Tract
117Nine to the Northeast Corner of said Tract Nine; Thence
118run Easterly along the Easterly prolongation of the North
119Line of said Tract Nine and the South Line of Tract Seven,
120Section Twenty-five, Township Fifty South, Range Forty-one
121East to the Southeast Corner of said Tract Seven; Thence
122run Northerly along the East Line of Tract Seven and its
123Northerly prolongation to the South Line of Tract Six,
124Tier Nine; Thence run Easterly along the South Line of
125Tract Six, Tier Nine to the Southeast Corner of Tract Six,
126Tier Nine; Thence run Northerly along the East Line of
127Tier Nine to the Southwest Corner of Tract Four, Tier
128Seven; Thence run Easterly along the South Line of Tract
129Four, Tier Seven to the Southeast Corner of Tract Four,
130Tier Seven; Thence run Northerly along the East Line of
131Tract Four and Tract Three, Tier Seven to an intersection
132with the Easterly prolongation of the Northerly line of
133Parcel "C" of "THE FOUNDATION PLAT," according to the Plat
134thereof as recorded in Plat Book 158, Page 36, Broward
135County Public Records; Thence run Westerly along said
136prolongation to the Northerly line of said Parcel "C";
137Thence continue Westerly along the Northerly line of said
138Parcel "C" to an intersection with the North line of Tract
139Four, Tier Thirteen; thence Westerly along the north line
140of the Northeast Corner of Tract Four, Tier Seven; Thence
141run Westerly along the North Lines of Tract Four, Tier
142Seven, Tract Four, Tier Nine, Tract Four, Tier Eleven and
143Tract Four, Tier Thirteen to the Northwest Corner of Tract
144Four, Tier Thirteen; Thence run Northerly along the West
145Line of Tier Thirteen to the Northwest Corner of Tract
146One, Tier Thirteen; Thence run Westerly along the Westerly
147prolongation of the North Line of said Tract One, Tier
148Thirteen and the North Lines of Tract One, Tier Fifteen
149and Tract One, Tier Seventeen to the Northwest Corner of
150Tract One, Tier Seventeen; Thence run Southerly along the
151West Line of Tier Seventeen to the Northwest Corner of
152Tract Three, Tier Seventeen; Thence run Westerly along the
153Westerly prolongation of the North Line of Tract Three,
154Tier Seventeen and along the North Line of Tract Three,
155Tier Nineteen to the Northeast Corner of Tract Three, Tier
156Twenty-one; Thence run Northerly along the East Line of
157Tier Twenty-one to the Northeast Corner of Tract One, Tier
158Twenty-one; Thence run Northerly to the Southeast Corner
159of Tract One, Tier Twenty-two; Thence run in a Westerly
160direction along the prolongation of the South Lines Line
161of Tracts Tract One, of Tiers Tier Twenty-two, Twenty-
162four, Twenty-six, Twenty-eight, Thirty, Thirty-two,
163Thirty-four, Thirty-six, and Thirty-eight, and
164prolongations thereof, to the point of beginning; All in
165John W. Newman's Survey thereof according to the Plat
166thereof recorded in Plat Book Two, at Page Twenty-six of
167the Public Records of Dade County, Florida; said lands
168situate, lying and being in Broward County, Florida.
169
170(2)  Also included within the territorial boundaries is
171the West 50 Feet of Tracts 1, 2, 3, and 4, Tier 37; and
172the South 50 Feet of Tract 4, Tier 31, of Tract 4, Tier
17333, of Tract 4, Tier 35, and of Tract 4, Tier 37, of
174Newman's Survey thereof, according to the Plat thereof
175recorded in Plat Book 2, Page 26, Dade County Records,
176said lands situate, lying and being in Broward County,
177Florida.
178     Section 2.
179     (2)  The persons who are members of the board of
180supervisors of the district in office when this act takes effect
181shall be Hamilton C. Forman, H. Collins Forman, Jr. and Charles
182R. Forman and said landowners are hereby appointed as the Board
183of Supervisors of the Tindall Hammock Irrigation and Soil
184Conservation District and shall hold office until their
185successors are elected and shall have qualified.
186     (3)  In the month of September 2008, or as soon thereafter
187as practicable, there shall be held a meeting of the landowners
188of the district for the purpose of holding an election to fill
189the seats of the three supervisors; and in the month of
190September, or as soon thereafter as practicable, of every other
191year thereafter, there shall be held such a meeting and election
192to fill the same three seats. Notice of all a landowners'
193meetings meeting shall be given by publishing the time and place
194of such meeting in a newspaper of general circulation of Broward
195County at least 15 days prior to the meeting, the meeting to be
196held in a public place in Broward County. The landowners, when
197assembled, shall organize by the election of a chair and
198secretary of the meeting, who shall conduct the election. At
199such election, each and every acre of land in the district,
200except as hereinafter provided, shall represent one share, and
201each owner shall be entitled to one vote in person or by proxy
202in writing, for each acre of land owned by him or her in the
203District. A fraction of an acre shall be voted as the same
204fraction of a vote. The three persons at each election who
205receive the highest number of votes for the office of supervisor
206shall be declared elected. At the first meeting of the board
207following the effective date of this act, and as soon as
208practicable following each election of supervisors thereafter,
209the board shall organize by electing from their members a chair
210and a vice chair of the board. At this meeting, the board shall
211also appoint a secretary and treasurer of the board, who may be
212the same person and who does not need to be a member of the
213board. The chair shall preside at all meetings. In the chair's
214absence, the vice chair shall preside over the meeting and have
215the same powers as the chair.
216     Section 3.
217     (6)  The board district is hereby authorized, empowered,
218and directed to construct a water connection by channeling
219through or under State Road 84 and Interstate Highway I-595 to
220the North New River Canal for the purposes as provided herein.
221Said water connection shall be constructed in accordance with
222the regulations, requirements, and specifications of the
223Department of Transportation.
224     (7)  The board shall have the power to own, acquire,
225construct, reconstruct, equip, operate, maintain, extend, and
226improve water systems and sewer systems or combined water and
227sewer systems; to regulate the use of sewers and the supply of
228water within and without the district and to prohibit or
229regulate the use and maintenance of outhouses, privies, septic
230tanks, or other sanitary structures or appliances within or
231without the district; to prescribe methods of pretreatment of
232wastes not amenable to treatment with domestic sewage before
233accepting such wastes for treatment, to refuse to accept such
234wastes when not sufficiently pretreated as may be prescribed,
235and to prescribe penalties for the refusal of any person or
236corporation to so pretreat such wastes; to sell or otherwise
237dispose of the effluent, sludge, or other byproducts as a result
238of sewage treatment; and to construct and operate connecting,
239intercepting, or outlet sewers, sewer mains, pipes and water
240mains, conduits, or pipelines in, along, or under any public
241streets, alleys, highways, or other public places or ways within
242or without the district, when deemed necessary or desirable by
243the board. The plans for any water or sewer system shall be
244subject to the approval of the Department of Health.
245     Section 4.  (1)  The board may, in its discretion, let any
246part or all of the work to be performed within the district by
247contract, but no contract shall be let for the construction or
248maintenance of any improvements authorized by this act, nor
249shall any goods, supplies, or materials be purchased, for an
250amount in excess of the threshold amount provided in s. 287.017,
251Florida Statutes, for category four $25,000 shall be let until
252notice thereof shall have been published in a newspaper of
253general circulation published in Broward County not less than
254once a week for 2 consecutive weeks before the date set for the
255letting of such contract. The work or purchase of goods,
256supplies, or materials so advertised shall be awarded to the
257lowest responsible bidder, as may be determined by the board;
258however, the board shall have the right to reject any and all
259bids and to re-advertise, as provided herein. The board shall
260have the right to require a bond with a surety to be approved by
261the board in such amount as the board may determine, conditioned
262that the contractor or vendor will well and truly carry out the
263contract in accordance with the terms thereof. Nothing in this
264section shall prevent the board of supervisors from undertaking
265and performing the work authorized under this act without a
266contract and by labor operating under the directions of the
267board, its engineer or employees.
268     (2)  The provisions of the Consultants' Competitive
269Negotiation Act as provided in s. 287.055, Florida Statutes,
270shall apply to contracts for engineering, architecture,
271landscape architecture, or registered surveying and mapping
272services let by the board.
273     (3)  Notwithstanding the bidding procedure prescribed in
274this subsection, if the board determines, by resolution, that
275the use of competitive bidding is not practicable, contractual
276services and purchases of goods, supplies, or materials may be
277procured by competitive sealed proposals. The request for
278proposals shall include a statement of the services sought or
279the goods, supplies, or materials requested and all contractual
280terms and conditions applicable to the procurement of the
281contractual services or the goods, supplies, or materials
282requested. The contract shall be awarded to the responsive
283offeror whose proposal is determined to be the most advantageous
284to the district, taking into consideration price and other
285evaluation criteria set forth in the request for proposals.
286     (4)  If the board determines, by resolution, that an
287immediate danger to the public health or safety or other
288substantial loss to the district requires emergency action, the
289board may proceed with the procurement of contractual services
290necessitated by the immediate danger without competition.
291However, such emergency procurement shall be made with such
292competition as is practicable under the circumstances.
293     (5)  If no competitive bids or proposals for contractual
294services or for the purchase of goods, supplies, or materials
295are received, the board may negotiate the best terms and
296conditions available as determined by the board.
297     (6)  The district may apply to the Department of Management
298Services, or an entity succeeding to the duties of such
299department, to purchase commodities or contractual services from
300purchasing agreements established and state term contracts
301procured pursuant to s. 287.057, Florida Statutes, by such
302department, as provided in s. 287.056, Florida Statutes.
303     Section 7.  The Board of Supervisors of Tindall Hammock
304Irrigation and Soil Conservation District is authorized and
305empowered to borrow money on temporary or permanent loans and to
306issue promissory notes, bonds, or other obligations ("bonds")
307and to incur obligations from time to time upon such terms and
308at such rates of interest, not exceeding the maximum rate
309authorized by general law, or, if no rate is authorized by
310general law, at a rate not exceeding 12 percent per year as the
311board may determine for the purpose of raising funds to
312purchase, install, construct, and prosecute to final completion
313the water systems, sewer systems, drainage works, and
314improvements herein authorized, and for the purpose of paying
315all expenses incident to such work and all expenses necessary or
316needful in carrying out the purpose of the act, including,
317without limiting the generality of the foregoing, cost of
318rights-of-way. To enable the board to borrow and obtain money
319necessary to carry out and perform the purposes aforesaid, the
320board is authorized and empowered to issue in the corporate name
321of the district negotiable coupon bonds, the aggregate amount of
322all bonds issued hereunder to be an amount as may be determined
323by the board not to exceed $450,000.
324     Section 8.  (1)  The bonds to be issued pursuant to the
325provisions of this act shall be in denominations of $1,000 $100,
326or any multiple thereof, shall bear interest at a rate not to
327exceed that authorized by general law, shall be payable at such
328times as determined by the board, semiannually, and shall mature
329at intervals within 50 years from the date of their issuance,
330the at first maturity to be not more than 10 years from the date
331thereof, and both principal and interest of such bonds shall be
332payable at a place or places determined by the board and
333designated in the bonds. All bonds and coupons not paid at a
334maturity shall bear interest at a rate not to exceed that
335authorized by general law from maturity until paid.
336     (2)  The bonds shall show on their face the purposes for
337which they are issued and shall be payable solely out of the
338acreage and/or millage taxes levied by or for the district,
339pursuant to the provisions of this act. The bonds shall be
340signed by the chair or, in his or her absence, the vice chair
341president of the board of supervisors and, attested by the
342secretary under the seal of the district. Interest payments
343shall be evidenced by coupons bearing a facsimile of the
344signature of the president of the board of supervisors, or
345secretary of the district. Such bonds and coupons shall be
346considered as having been validly executed if signed by the
347proper officers in the office at the time of such signing. Said
348bonds may contain such provisions for registration, including a
349book entry only provision for registration, either as to
350principal, or principal and interest, as the board may
351prescribe, and in the discretion of the board it may be provided
352that, at any time after such dates as shall be fixed by the
353board, the bonds may be redeemed at the option of the board or
354upon mandatory redemption, in a manner and at prices a price to
355be specified in the resolution pursuant to in pursuance of which
356said bonds are issued.
357     (3)  The board may retain trustees, paying agents, bond
358registrars, or authentication agents in connection with the
359issuance of its bonds, upon such terms as it deems appropriate.
360The board of supervisors is authorized to provide in the
361resolution authorizing the issuance of bonds and in the said
362bonds that one-half of the acreage and/or millage tax will be
363devoted to, so far as necessary, the payment of the principal of
364and interest on said bonds; that the holders of such bonds shall
365have a first lien upon one-half of the acreage and/or millage
366tax; and that no further charge shall be placed upon the
367proceeds of such tax or obligation incurred payable therefrom
368unless such charge or obligation be junior and subordinate to
369the lien upon such proceeds for the payment of the principal and
370interest on the bonds.
371     (4)  All bonds issued under the provisions of this act may
372be validated in the manner now or hereafter provided for the
373validation of bonds of independent drainage districts.
374     Section 9.  (1)  This act shall, without reference to any
375other act of the Legislature, be full authority for the issuance
376and sale of bonds of Tindall Hammock Irrigation and Soil
377Conservation District as authorized in this act, which bonds
378shall have all the qualities of negotiable paper under the law
379merchant, and shall not be invalid for any irregularity or
380defect in the proceedings for the sale and issue thereof and
381shall be incontestable in the hands of bona fide purchasers or
382holders thereof for value. No proceedings in respect to the
383issuance of any such bonds shall be necessary except such as are
384required by this act, except that the issuance or sale of bonds
385pursuant to the provisions of this act shall comply with the
386general law requirements applicable to the issuance or sale of
387bonds by the district. The provisions of this act shall
388constitute an irrepealable contract between the district and the
389holders of any bonds and coupons attached thereto issued
390pursuant to the provisions hereof. Any holder of any bonds or
391coupons may either at law or in equity, by suit or mandamus,
392enforce and compel the performance of the duties required by
393this act of any of the officers or persons mentioned in this act
394in relation to the bonds or to the collection, enforcement, and
395application of the taxes for the payment thereof.
396     Section 10.  (1)  Upon the adoption by the board of
397supervisors of a resolution providing for the issuance of bonds,
398a certified copy of such resolution shall be forwarded to the
399Board of County Commissioners of Broward County. At the first
400meeting of the board of county commissioners after the receipt
401of the certified copy of the resolution, the board of
402supervisors county commissioners shall order that an election be
403held in the portion of the district lying within the county at a
404time and a place designated by the board of supervisors county
405commissioners to determine whether or not the bonds authorized
406by such resolution shall be issued, and in such election only
407the landowners who are qualified electors owning land in the
408district shall be entitled to vote. Prior to the time of the
409holding of the election, the board of supervisors county
410commissioners shall cause to be published, once a week for 4
411consecutive weeks, in a newspaper of general circulation
412published in the county, a notice of the holding of the election
413which shall specify the time and place or places of the holding
414thereof. The board of supervisors county commissioners shall
415appoint a clerk or clerks and inspectors for such election, who
416need not be qualified electors residing in Tindall Hammock
417Irrigation and Soil Conservation District.
418     (3)  After the closing of the registration books, 5 days
419prior to the date of holding of such election, the board of
420supervisors County Commissioners of Broward County shall cause
421to be prepared and certified by the registration officer of the
422county, a list of the names of all qualified electors appearing
423on the county registration books who are determined to be
424landowners of Tindall Hammock Irrigation and Soil Conservation
425District, and who are also determined to be qualified to vote in
426the election. In each county, A certified copy of such lists of
427qualified electors who are landowners of Tindall Hammock
428Irrigation and Soil Conservation District who are entitled to
429participate in the election, shall be furnished to the
430inspectors and clerks of the election at every voting place
431where election in the county is to be held, and such lists shall
432be deemed taken and held to be prima facie evidence of the total
433number of qualified electors who are landowners of the Tindall
434Hammock Irrigation and Soil Conservation District who are
435qualified to vote in such election, and no person shall be
436permitted to vote in any election whose name does not appear
437upon such list. In making up the list of qualified voters, as
438herein provided, such investigation shall be made as will
439warrant the conclusion that all names appearing on the list are
440qualified to vote in the bond election and that said list is a
441complete list of all voters residing in Broward County who are
442qualified to vote in such election. After the county
443registration officer certifies the list of voters, who are
444qualified electors and who are landowners of the Tindall Hammock
445Irrigation and Soil Conservation District, the list shall be
446filed and preserved among the records of the Board of
447Supervisors of Tindall Hammock Irrigation and Soil Conservation
448District.
449     Section 11.  (1)  At the bond election, ballot boxes may be
450used, notwithstanding the fact that at the time of the holding
451the election, voting machines may be in general use in Broward
452County. The ballots to be used in such election shall have
453printed thereon the description of the issuance of bonds to be
454voted on as the board of supervisors of the district may
455prescribe. Direction to the voter to express his or her choice
456by making an "X" mark in the space opposite the words "For
457Bonds" or "Against Bonds" shall be stated on the ballot. The
458clerks and inspectors of the elections shall make returns to the
459board of supervisors county commissioners which appointed them
460immediately after the elections and the board of supervisors
461county commissioners shall hold special meetings as soon
462thereafter as practicable for the purpose of canvassing the
463election returns and shall determine and certify to the result
464thereof for the county. The certificates shall each show the
465number of qualified electors in the county who are landowners of
466Tindall Hammock Irrigation and Soil Conservation District, and
467shall show the total number of votes cast "For Bonds" and
468"Against Bonds." The certificates shall be forwarded immediately
469to the Board of Supervisors of the Tindall Hammock Irrigation
470and Soil Conservation District, by the board of county
471commissioners. The certificates of declaration of result of such
472elections shall be recorded in the minutes of the board of
473supervisors of the district.
474     (2)  If it shall appear from the certificates of the board
475of supervisors county commissioners as a result of the elections
476that a majority of the landowners who are qualified electors of
477Tindall Hammock Irrigation and Soil Conservation District
478participated in the bond elections, and that a majority of the
479votes cast in such elections are in favor of the issuance of
480such bonds, then the same shall be deemed to have been
481authorized in accordance with s. 12, Art. VII of the State
482Constitution, as amended.
483     (3)  Whenever any election shall be called and held, under
484the provisions of this act, and the votes cast thereat returned,
485tallied, and canvassed by the board of supervisors county
486commissioners, and the findings of the board certified to the
487Board of Supervisors of Tindall Hammock Irrigation and Soil
488Conservation District, as herein provided, and recorded on the
489minutes of the board of supervisors, a duly certified copy of
490such certificates shall be admissible as evidence in all courts
491of the state, and shall be deemed prima facie evidence of the
492truth of the facts recited and shown thereby, including the
493regularity of the call, conduct, and holding of such election at
494the time and place specified.
495     Section 14.  (1)  Two members of the board of supervisors
496shall constitute a quorum. The board of supervisors shall, by
497resolution, fix the time and the place for holding regular
498meetings, but special meetings may be called by the chair or
499vice chair president or any two members of the board of
500supervisors, at any time or place. The meeting place of the
501board shall may be in Broward County either within or without
502the district.
503     Section 18.  The purpose of forming the Tindall Hammock
504Irrigation and Soil Conservation District is to create an
505independent improvement irrigation district for the purpose of
506controlling, regulating, and maintaining water systems and sewer
507systems within and without the district and for the purpose of
508controlling, regulating, and maintaining the water levels in all
509the ditches and canals lying within the boundaries of the
510district separate and apart from drainage purposes. To
511accomplish this purpose it is necessary for the irrigation
512district board of supervisors to have full, complete, and
513exclusive control over all water levels within the Tindall
514Hammock Irrigation and Soil Conservation District. In order to
515carry out the purpose and intent of this act, the Board of
516Supervisors of the Tindall Hammock Irrigation and Soil
517Conservation District is authorized and empowered to have the
518exclusive right and power, in their discretion, to regulate,
519maintain, and control water systems and sewer systems within and
520without the district and to regulate, maintain, and control the
521water levels in all the canals and ditches lying within the
522boundaries of the said Tindall Hammock Irrigation and Soil
523Conservation District.
524     Section 2.  A certified copy of this act shall be recorded
525in the Broward County Public Records by the Tindall Hammock
526Irrigation and Soil Conservation District.
527     Section 3.  If any provision of this act or the application
528thereof to any person or circumstance is held invalid, the
529invalidity shall not affect other provisions or applications of
530this act which can be given effect without the invalid provision
531or application, and to this end the provisions of this act are
532declared severable.
533     Section 4.  This act shall take effect upon becoming a law.


CODING: Words stricken are deletions; words underlined are additions.