CS/HB 1365

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

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