Florida Senate - 2008 (NP) SB 3012

By Senator Ring

32-06702B-08 20083012__

A bill to be entitled

An act relating to Tindall Hammock Irrigation and Soil

Conservation District, Broward County; amending chapter

98-523, Laws of Florida; providing for the addition of

certain lands into the district; providing for the

deletion of certain lands from the district; providing the

board with the power to own, acquire, construct, operate,

and improve water systems and sewer systems within and

without the district; amending the amount for which

advertisement for bids is required for the procurement by

the district of contractual services and purchase of

goods, supplies, and materials to comply with general law;

providing additional requirements for the procurement of

goods and services and contracts for improvements to

district facilities; providing for the election of

supervisors; redesignating the office of president of the

board to chair of the board; creating the office of vice

chair of the board; providing for a designation of who

shall preside at meetings of the board; providing for the

election of officers of the board; providing for the

calling of special meetings of the board; providing the

maximum allowable interest rate on loans, notes, bonds,

assessments, and other obligations of the district;

revising the district's bond criteria and provisions;

providing that the meeting place of the district shall be

in Broward County; deleting obsolete provisions; revising

inconsistent provisions; revising provisions relating to

controlling, regulating, and maintaining water systems and

sewer systems within and without the district; providing

severability; providing an effective date.

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

Section 1. Section 1, subsections (2) and (3) of section 2,

subsection (6) of section 3, sections 4, 7, and 8, subsection (1)

of section 9, subsections (1) and (3) of section 10, section 11,

subsection (1) of section 14, and section 18 of section 2 of

chapter 98-523, Laws of Florida, are amended, and subsection (7)

is added to section 3 of section 2 of that chapter, to read:

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

conserving the lands hereinafter described;, for controlling the

water in the district and the water tables with respect to the

lands therein;, for agricultural and sanitary purposes; for

owning, acquiring, constructing, operating, and improving water

systems and sewer systems within or without the district;, and

for the public health, convenience, welfare, utility, and

benefit,; an irrigation, soil conservation, and drainage, and

special improvement district is hereby established to be known as

"Tindall Hammock Irrigation and Soil Conservation District," an

independent special district, the territorial boundaries of which

shall be as follows:

Begin at a point which point is the Northwest Corner of

Tract One, Tier Thirty-seven of John W. Newman's

Survey, according to the plat thereof as recorded in

Plat Book Two, Page Twenty-Six of the Public Records of

Dade County, Florida; Thence run Southerly along the

West Line of Tier Thirty-seven to the Southwest corner

of Tract Four, Tier Thirty-seven; Thence run Easterly

along the South Lines of Tracts Four, of Tiers Thirty-

seven, Thirty-five, Thirty-three and Thirty-one, and

prolongations thereof, to the Southwest Corner of Tract

Four, Tier Twenty-nine; Thence run Southerly along the

West Line of Tier Twenty-nine to the Southwest Corner

of Tract Eight, Tier Twenty-nine; Thence run Easterly

along the South Lines of Tracts Eight, of Tiers Twenty-

nine, Twenty-seven, Twenty-five, Twenty-three, and

prolongations thereof, to the Southwest Corner of Tract

Seven, Tier Twenty-one; Thence run Northerly along the

West Line of Tier Twenty-one to the South line of the

North 497.50 feet of Tract Five, Tier Twenty-one;

Thence run Easterly along said South line to the East

line of the West 245 feet of Tract Five, Tier Twenty-

one; Thence run Northerly along the East line of the

West 245 feet of said Tract Five to the South line of

Tract Four, Tier Twenty-one; Thence run Easterly along

the South Lines of Tracts Four, of Tiers Twenty-one,

Nineteen, and Seventeen, and prolongations thereof, to

the Southeast Corner of Tract Four, Tier Seventeen;

Thence run Northerly along the East Line of Tier

Seventeen to the Southwest Corner of Tract Three, Tier

Fifteen; Thence run Easterly along the South Line of

Tract Three, Tier Fifteen to the Southeast Corner of

Tract Three, Tier Fifteen; Thence run Southerly along

the East Line of Tier Fifteen to the Southeast Corner

of Tract Four, Tier Fifteen; Thence run Easterly along

the Easterly prolongation of the South Line of Tract

Four, Tier Fifteen and the South Line of Tract Four,

Tier Thirteen to the Southeast Corner of Tract Four,

Tier Thirteen; Thence run Southerly along the East Line

of Tier Thirteen to the Northeast Corner of Tract Six,

Tier Thirteen; Thence run Westerly along the North Line

of Tract Six, Tier Thirteen to the Northwest Corner of

Tract Six, Tier Thirteen; Thence run Southerly along

the West Line of Tier Thirteen to the Southwest Corner

of Tract Seven, Tier Thirteen; Thence run Southerly to

the Northwest Corner of Tract Eight, Section Twenty-

five, Township Fifty South, Range Forty-one East;

Thence run Southerly along the West Lines of Tract

100

Eight, Section Twenty-five, Township Fifty South, Range

101

Forty-one East and Tract Nine, Section Twenty-five,

102

Township Fifty South, Range Forty-one East to the

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Southwest Corner of said Tract Nine; Thence run

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Easterly along the South Line of said Tract Nine to the

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Southeast Corner of said Tract Nine; Thence run

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Northerly along the East Line of said Tract Nine to the

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Northeast Corner of said Tract Nine; Thence run

108

Easterly along the Easterly prolongation of the North

109

Line of said Tract Nine and the South Line of Tract

110

Seven, Section Twenty-five, Township Fifty South, Range

111

Forty-one East to the Southeast Corner of said Tract

112

Seven; Thence run Northerly along the East Line of

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Tract Seven and its Northerly prolongation to the South

114

Line of Tract Six, Tier Nine; Thence run Easterly along

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the South Line of Tract Six, Tier Nine to the Southeast

116

Corner of Tract Six, Tier Nine; Thence run Northerly

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along the East Line of Tier Nine to the Southwest

118

Corner of Tract Four, Tier Seven; Thence run Easterly

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along the South Line of Tract Four, Tier Seven to the

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Southeast Corner of Tract Four, Tier Seven; Thence run

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Northerly along the East Line of Tract Four and Tract

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Three, Tier Seven to an intersection with the Easterly

123

prolongation of the Northerly line of Parcel "C" of

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"THE FOUNDATION PLAT," according to the Plat thereof as

125

recorded in Plat Book 158, Page 36, Broward County

126

Public Records; Thence run Westerly along said

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prolongation to the Northerly line of said Parcel "C";

128

Thence continue Westerly along the Northerly line of

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said Parcel "C" to an intersection with the North line

130

of Tract Four, Tier Thirteen; thence Westerly along the

131

north line of Tract Four, Tier Thirteen to the

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Northwest Corner of Tract Four, Tier Thirteen; Thence

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run Northerly along the West Line of Tier Thirteen to

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the Northwest Corner of Tract One, Tier Thirteen;

135

Thence run Westerly along the Westerly prolongation of

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the North Line of said Tract One, Tier Thirteen and the

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

138

Tier Seventeen to the Northwest Corner of Tract One,

139

Tier Seventeen; Thence run Southerly along the West

140

Line of Tier Seventeen to the Northwest Corner of Tract

141

Three, Tier Seventeen; Thence run Westerly along the

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Westerly prolongation of the North Line of Tract Three,

143

Tier Seventeen and along the North Line of Tract Three,

144

Tier Nineteen to the Northeast Corner of Tract Three,

145

Tier Twenty-one; Thence run Northerly along the East

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Line of Tier Twenty-one to the Northeast Corner of

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Tract One, Tier Twenty-one; Thence run in a Westerly

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direction along the North Lines of Tracts One, of Tiers

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Twenty-one, Twenty-three, Twenty-five, Twenty-seven,

150

Twenty-nine, Thirty-one, Thirty-three, Thirty-five, and

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Thirty-seven, and prolongations thereof, to the point

152

of beginning; All in John W. Newman's Survey thereof

153

according to the Plat thereof recorded in Plat Book

154

Two, at Page Twenty-six of the Public Records of Dade

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County, Florida; said lands situate, lying and being in

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Broward County, Florida.

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

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South Line of Tract One Tier Thirty-eight, Fifty Feet

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East of the Southwest Corner of Tract One, Tier Thirty-

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eight; Thence run Southerly parallel to the West Line

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of Tier Thirty-seven to a point which is Fifty Feet

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

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Feet North of the South Line of Tract Four, Tier

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Thirty-seven; Thence run Easterly parallel to the South

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Lines of Tract Four, Tier Thirty-seven, Tract Four,

166

Tier Thirty-five, Tract Four, Tier Thirty-three, Tract

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

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Tier Twenty-nine, Fifty Feet North of the Southwest

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

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Southerly along the West Line of Tier Twenty-nine to

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the Southwest Corner of Tract Eight, Tier Twenty-nine;

172

Thence run Easterly along the South Lines of Tract

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Eight, Tier Twenty-nine, Tract Eight, Tier Twenty-

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

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Tier Twenty-three to the Southeast Corner of Tract

176

Eight, Tier Twenty-three; Thence run Northerly along

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the East Line of Tier Twenty-three to the Southeast

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Corner of Tract Four, Tier Twenty-three; Thence run

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Easterly along the South Lines of Tract Four, Tier

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

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Tier Seventeen to the Southeast Corner of Tract Four,

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Tier Seventeen; Thence run Northerly along the East

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Line of Tier Seventeen to the Southwest Corner of Tract

184

Three, Tier Fifteen; Thence run Easterly along the

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South Line of Tract Three, Tier Fifteen to the

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Southeast Corner of Tract Three, Tier Fifteen; Thence

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run Southerly along the East Line of Tier Fifteen to

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the Southeast Corner of Tract Four, Tier Fifteen;

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Thence run Easterly along the South Line of Tract Four,

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Tier Thirteen to the Southeast Corner of Tract Four,

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Tier Thirteen; Thence run Southerly along the East Line

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of Tier Thirteen to the Northeast Corner of Tract Six,

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Tier Thirteen; Thence run Westerly along the North Line

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of Tract Six, Tier Thirteen to the Northwest Corner of

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Tract Six, Tier Thirteen; Thence run Southerly along

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the West Line of Tier Thirteen to the Southwest Corner

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of Tract Seven, Tier Thirteen; Thence run Southerly to

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the Northwest Corner of Tract Eight, Section Twenty-

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five, Township Fifty South, Range Forty-one East;

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Thence run Southerly along the West Lines of Tract

201

Eight, Section Twenty-five, Township Fifty South, Range

202

Forty-one East and Tract Nine, Section Twenty-five,

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Township Fifty South, Range Forty-one East to the

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Southwest Corner of said Tract Nine; Thence run

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Easterly along the South Line of said Tract Nine to the

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Southeast Corner of said Tract Nine; Thence run

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Northerly along the East Line of said Tract Nine to the

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Northeast Corner of said Tract Nine; Thence Easterly

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along the South Line of Tract Seven, Section Twenty-

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five, Township Fifty South, Range Forty-one East to the

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Southeast Corner of said Tract Seven; Thence run

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Northerly along the East Line of Tract Seven to the

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South Line of Tract Six, Tier Nine; Thence run Easterly

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

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Southeast Corner of Tract Six, Tier Nine; Thence run

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Northerly along the East Line of Tier Nine to the

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Southwest Corner of Tract Four, Tier Seven; Thence run

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Easterly along the South Line of Tract Four, Tier Seven

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to the Southeast Corner of Tract Four, Tier Seven;

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Thence run Northerly along the East Line of Tier Seven

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to the Northeast Corner of Tract Four, Tier Seven;

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Thence run Westerly along the North Lines of Tract

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Four, Tier Seven, Tract Four, Tier Nine, Tract Four,

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Tier Eleven and Tract Four, Tier Thirteen to the

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Northwest Corner of Tract Four, Tier Thirteen; Thence

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run Northerly along the West Line of Tier Thirteen to

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the Northwest Corner of Tract One, Tier Thirteen;

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Thence run Westerly along the North Lines of Tract One,

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Tier Fifteen and Tract One, Tier Seventeen to the

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Northwest Corner of Tract One, Tier Seventeen; Thence

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run Southerly along the West Line of Tier Seventeen to

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the Northwest Corner of Tract Three, Tier Seventeen;

233

Thence run Westerly along the North Line of Tract

234

Three, Tier Nineteen to the Northeast Corner of Tract

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Three, Tier Twenty-one; Thence run Northerly along the

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East Line of Tier Twenty-one to the Southeast Corner of

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

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direction along the prolongation of the South Line of

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Tract One, Tier Twenty-two to the point of beginning;

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All in Newman's Survey thereof according to the Plat

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thereof recorded in Plat Book Two, at Page Twenty-six

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of the Public Records of Dade County, Florida; said

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lands situate, lying and being in Broward County,

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Florida.

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(2) Also included within the territorial boundaries is

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the West 50 Feet of Tracts 1, 2, 3, and 4, Tier 37; and

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the South 50 Feet of Tract 4, Tier 31, of Tract 4, Tier

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

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Newman's Survey thereof, according to the Plat thereof

250

recorded in Plat Book 2, Page 26, Dade County Records,

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said lands situate, lying and being in Broward County,

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Florida.

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Section 2.

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(2) The persons who are members of the board of supervisors

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of the district in office when this act takes effect shall be

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Hamilton C. Forman, H. Collins Forman, Jr. and Charles R. Forman

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and said landowners are hereby appointed as the Board of

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Supervisors of the Tindall Hammock Irrigation and Soil

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Conservation District and shall hold office until their

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successors are elected and shall have qualified.

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(3) In the month of September 2008, or as soon thereafter

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as practicable, there shall be held a meeting of the landowners

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of the district for the purpose of holding an election to fill

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the seats of the three supervisors; and in the month of

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September, or as soon thereafter as practicable, of every other

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year thereafter, there shall be held such a meeting and election

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to fill the same three seats. Notice of all a landowners'

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meetings meeting shall be given by publishing the time and place

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of such meeting in a newspaper of general circulation of Broward

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County at least 15 days prior to the meeting, the meeting to be

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held in a public place in Broward County. The landowners, when

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assembled, shall organize by the election of a chair and

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secretary of the meeting, who shall conduct the election. At such

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

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hereinafter provided, shall represent one share, and each owner

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shall be entitled to one vote in person or by proxy in writing,

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for each acre of land owned by him or her in the District. A

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fraction of an acre shall be voted as the same fraction of a

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vote. The three persons at each election who receive the highest

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number of votes for the office of supervisor shall be declared

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elected. At the first meeting of the board following the

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effective date of this act, and as soon as practicable following

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each election of supervisors thereafter, the board shall organize

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by electing from their members a chair and a vice chair of the

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board. At this meeting, the board shall also appoint a secretary

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and treasurer of the board, who may be the same person and who

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does not need to be a member of the board. The chair shall

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preside at all meetings. In the chair's absence, the vice chair

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shall preside over the meeting and have the same powers as the

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chair.

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Section 3.

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

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directed to construct a water connection by channeling through or

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under State Road 84 and Interstate Highway I-595 to the North New

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River Canal for the purposes as provided herein. Said water

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connection shall be constructed in accordance with the

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regulations, requirements, and specifications of the Department

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of Transportation.

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(7) The board shall have the power to own, acquire,

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construct, reconstruct, equip, operate, maintain, extend, and

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improve water systems and sewer systems or combined water and

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sewer systems; to regulate the use of sewers and the supply of

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water within and without the district and to prohibit or regulate

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the use and maintenance of outhouses, privies, septic tanks, or

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other sanitary structures or appliances within or without the

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district; to prescribe methods of pretreatment of wastes not

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amenable to treatment with domestic sewage before accepting such

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wastes for treatment, to refuse to accept such wastes when not

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sufficiently pretreated as may be prescribed, and to prescribe

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penalties for the refusal of any person or corporation to so

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pretreat such wastes; to sell or otherwise dispose of the

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effluent, sludge, or other byproducts as a result of sewage

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treatment; and to construct and operate connecting, intercepting,

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or outlet sewers, sewer mains, pipes and water mains, conduits,

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or pipelines in, along, or under any public streets, alleys,

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highways, or other public places or ways within or without the

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district, when deemed necessary or desirable by the board. The

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plans for any water or sewer system shall be subject to the

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approval of the Department of Health.

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Section 4. (1) The board may, in its discretion, let any

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

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contract, but no contract shall be let for the construction or

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maintenance of any improvements authorized by this act, nor shall

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any goods, supplies, or materials be purchased, for an amount in

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excess of the threshold amount provided in s. 287.017, Florida

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Statutes, for category four $25,000 shall be let until notice

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thereof shall have been published in a newspaper of general

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circulation published in Broward County not less than once a week

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for 2 consecutive weeks before the date set for the letting of

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such contract. The work or purchase of goods, supplies, or

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materials so advertised shall be awarded to the lowest

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responsible bidder, as may be determined by the board; however,

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the board shall have the right to reject any and all bids and to

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re-advertise, as provided herein. The board shall have the right

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to require a bond with a surety to be approved by the board in

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such amount as the board may determine, conditioned that the

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contractor or vendor will well and truly carry out the contract

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in accordance with the terms thereof. Nothing in this section

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shall prevent the board of supervisors from undertaking and

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performing the work authorized under this act without a contract

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and by labor operating under the directions of the board, its

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engineer or employees.

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(2) The provisions of the Consultants' Competitive

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Negotiation Act as provided in s. 287.055, Florida Statutes,

345

shall apply to contracts for engineering, architecture, landscape

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architecture, or registered surveying and mapping services let by

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the board.

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(3) Notwithstanding the bidding procedure prescribed in

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this subsection, if the board determines, by resolution, that the

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use of competitive bidding is not practicable, contractual

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services and purchases of goods, supplies, or materials may be

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procured by competitive sealed proposals. The request for

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proposals shall include a statement of the services sought or the

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goods, supplies, or materials requested and all contractual terms

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and conditions applicable to the procurement of the contractual

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services or the goods, supplies, or materials requested. The

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contract shall be awarded to the responsive offeror whose

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proposal is determined to be the most advantageous to the

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district, taking into consideration price and other evaluation

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criteria set forth in the request for proposals.

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(4) If the board determines, by resolution, that an

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immediate danger to the public health or safety or other

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substantial loss to the district requires emergency action, the

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board may proceed with the procurement of contractual services

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necessitated by the immediate danger without competition.

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However, such emergency procurement shall be made with such

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competition as is practicable under the circumstances.

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(5) If no competitive bids or proposals for contractual

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services or for the purchase of goods, supplies, or materials are

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received, the board may negotiate the best terms and conditions

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available as determined by the board.

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(6) The district may apply to the Department of Management

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Services, or an entity succeeding to the duties of such

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department, to purchase commodities or contractual services from

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purchasing agreements established and state term contracts

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procured pursuant to s. 287.057, Florida Statutes, by such

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department, as provided in s. 287.056, Florida Statutes.

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Section 7. The Board of Supervisors of Tindall Hammock

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Irrigation and Soil Conservation District is authorized and

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empowered to borrow money on temporary or permanent loans and to

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issue promissory notes, bonds, or other obligations ("bonds") and

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to incur obligations from time to time upon such terms and at

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such rates of interest, not exceeding the maximum rate authorized

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by general law, or, if no rate is authorized by general law, at a

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rate not exceeding 12 percent per year as the board may determine

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for the purpose of raising funds to purchase, install, construct,

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and prosecute to final completion the water systems, sewer

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systems, drainage works, and improvements herein authorized, and

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for the purpose of paying all expenses incident to such work and

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all expenses necessary or needful in carrying out the purpose of

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the act, including, without limiting the generality of the

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foregoing, cost of rights-of-way. To enable the board to borrow

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and obtain money necessary to carry out and perform the purposes

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aforesaid, the board is authorized and empowered to issue in the

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corporate name of the district negotiable coupon bonds, the

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aggregate amount of all bonds issued hereunder to be an amount as

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may be determined by the board not to exceed $450,000.

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

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provisions of this act shall be in denominations of $1,000 $100,

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

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exceed that authorized by general law, shall be payable at such

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times as determined by the board, semiannually, and shall mature

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at intervals within 50 years from the date of their issuance, the

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at first maturity to be not more than 10 years from the date

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thereof, and both principal and interest of such bonds shall be

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payable at a place or places determined by the board and

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designated in the bonds. All bonds and coupons not paid at a

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maturity shall bear interest at a rate not to exceed that

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authorized by general law from maturity until paid.

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

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which they are issued and shall be payable solely out of the

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acreage and/or millage taxes levied by or for the district,

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pursuant to the provisions of this act. The bonds shall be signed

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by the chair or, in his or her absence, the vice chair president

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of the board of supervisors and, attested by the secretary under

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the seal of the district. Interest payments shall be evidenced by

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coupons bearing a facsimile of the signature of the president of

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the board of supervisors, or secretary of the district. Such

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bonds and coupons shall be considered as having been validly

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executed if signed by the proper officers in the office at the

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time of such signing. Said bonds may contain such provisions for

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registration, including a book entry only provision for

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registration, either as to principal, or principal and interest,

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as the board may prescribe, and in the discretion of the board it

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may be provided that, at any time after such dates as shall be

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fixed by the board, the bonds may be redeemed at the option of

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the board or upon mandatory redemption, in a manner and at prices

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a price to be specified in the resolution pursuant to in

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pursuance of which said bonds are issued.

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(3) The board may retain trustees, paying agents, bond

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registrars, or authentication agents in connection with the

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issuance of its bonds, upon such terms as it deems appropriate.

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The board of supervisors is authorized to provide in the

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resolution authorizing the issuance of bonds and in the said

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

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

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and interest on said bonds; that the holders of such bonds shall

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

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tax; and that no further charge shall be placed upon the proceeds

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of such tax or obligation incurred payable therefrom unless such

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charge or obligation be junior and subordinate to the lien upon

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such proceeds for the payment of the principal and interest on

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the bonds.

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

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be validated in the manner now or hereafter provided for the

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validation of bonds of independent drainage districts.

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

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other act of the Legislature, be full authority for the issuance

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and sale of bonds of Tindall Hammock Irrigation and Soil

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Conservation District as authorized in this act, which bonds

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shall have all the qualities of negotiable paper under the law

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merchant, and shall not be invalid for any irregularity or defect

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in the proceedings for the sale and issue thereof and shall be

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incontestable in the hands of bona fide purchasers or holders

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thereof for value. No proceedings in respect to the issuance of

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any such bonds shall be necessary except such as are required by

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this act, except that the issuance or sale of bonds pursuant to

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the provisions of this act shall comply with the general law

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requirements applicable to the issuance or sale of bonds by the

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district. The provisions of this act shall constitute an

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irrepealable contract between the district and the holders of any

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bonds and coupons attached thereto issued pursuant to the

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provisions hereof. Any holder of any bonds or coupons may either

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at law or in equity, by suit or mandamus, enforce and compel the

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

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officers or persons mentioned in this act in relation to the

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

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taxes for the payment thereof.

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

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supervisors of a resolution providing for the issuance of bonds,

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a certified copy of such resolution shall be forwarded to the

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Board of County Commissioners of Broward County. At the first

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meeting of the board of county commissioners after the receipt of

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the certified copy of the resolution, the board of supervisors

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county commissioners shall order that an election be held in the

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

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place designated by the board of supervisors county commissioners

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to determine whether or not the bonds authorized by such

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resolution shall be issued, and in such election only the

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landowners who are qualified electors owning land in the district

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shall be entitled to vote. Prior to the time of the holding of

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the election, the board of supervisors county commissioners shall

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cause to be published, once a week for 4 consecutive weeks, in a

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newspaper of general circulation published in the county, a

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notice of the holding of the election which shall specify the

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time and place or places of the holding thereof. The board of

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supervisors county commissioners shall appoint a clerk or clerks

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and inspectors for such election, who need not be qualified

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electors residing in Tindall Hammock Irrigation and Soil

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Conservation District.

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

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prior to the date of holding of such election, the board of

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supervisors County Commissioners of Broward County shall cause to

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be prepared and certified by the registration officer of the

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

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on the county registration books who are determined to be

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landowners of Tindall Hammock Irrigation and Soil Conservation

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District, and who are also determined to be qualified to vote in

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the election. In each county, A certified copy of such lists of

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qualified electors who are landowners of Tindall Hammock

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Irrigation and Soil Conservation District who are entitled to

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participate in the election, shall be furnished to the inspectors

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and clerks of the election at every voting place where election

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in the county is to be held, and such lists shall be deemed taken

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and held to be prima facie evidence of the total number of

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qualified electors who are landowners of the Tindall Hammock

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Irrigation and Soil Conservation District who are qualified to

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vote in such election, and no person shall be permitted to vote

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in any election whose name does not appear upon such list. In

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

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investigation shall be made as will warrant the conclusion that

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all names appearing on the list are qualified to vote in the bond

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election and that said list is a complete list of all voters

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residing in Broward County who are qualified to vote in such

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election. After the Broward County Supervisor of Elections county

516

registration officer certifies the list of voters, who are

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qualified electors and who are landowners of the Tindall Hammock

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Irrigation and Soil Conservation District, the list shall be

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filed and preserved among the records of the Board of Supervisors

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of Tindall Hammock Irrigation and Soil Conservation District.

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

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used, notwithstanding the fact that at the time of the holding

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the election, voting machines may be in general use in Broward

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County. The ballots to be used in such election shall have

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printed thereon the description of the issuance of bonds to be

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voted on as the board of supervisors of the district may

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

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making an "X" mark in the space opposite the words "For Bonds" or

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"Against Bonds" shall be stated on the ballot. The clerks and

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inspectors of the elections shall make returns to the board of

531

supervisors county commissioners which appointed them immediately

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after the elections and the board of supervisors county

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commissioners shall hold special meetings as soon thereafter as

534

practicable for the purpose of canvassing the election returns

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and shall determine and certify to the result thereof for the

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county. The certificates shall each show the number of qualified

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electors in the county who are landowners of Tindall Hammock

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Irrigation and Soil Conservation District, and shall show the

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total number of votes cast "For Bonds" and "Against Bonds." The

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certificates shall be forwarded immediately to the Board of

541

Supervisors of the Tindall Hammock Irrigation and Soil

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Conservation District, by the board of county commissioners. The

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certificates of declaration of result of such elections shall be

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recorded in the minutes of the board of supervisors of the

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district.

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

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of supervisors county commissioners as a result of the elections

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that a majority of the landowners who are qualified electors of

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Tindall Hammock Irrigation and Soil Conservation District

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

551

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

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bonds, then the same shall be deemed to have been authorized in

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accordance with s. 12, Art. VII of the State Constitution, as

554

amended.

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

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the provisions of this act, and the votes cast thereat returned,

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tallied, and canvassed by the board of supervisors county

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commissioners, and the findings of the board certified to the

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Board of Supervisors of Tindall Hammock Irrigation and Soil

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Conservation District, as herein provided, and recorded on the

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

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such certificates shall be admissible as evidence in all courts

563

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

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truth of the facts recited and shown thereby, including the

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regularity of the call, conduct, and holding of such election at

566

the time and place specified.

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

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shall constitute a quorum. The board of supervisors shall, by

569

resolution, fix the time and the place for holding regular

570

meetings, but special meetings may be called by the chair or vice

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chair president or any two members of the board of supervisors,

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at any time or place. The meeting place of the board shall may be

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in Broward County either within or without the district.

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Section 18. The purpose of forming the Tindall Hammock

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Irrigation and Soil Conservation District is to create an

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independent improvement irrigation district for the purpose of

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controlling, regulating, and maintaining water systems and sewer

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systems within and without the district and for the purpose of

579

controlling, regulating, and maintaining the water levels in all

580

the ditches and canals lying within the boundaries of the

581

district separate and apart from drainage purposes. To accomplish

582

this purpose it is necessary for the irrigation district board of

583

supervisors to have full, complete, and exclusive control over

584

all water levels within the Tindall Hammock Irrigation and Soil

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Conservation District. In order to carry out the purpose and

586

intent of this act, the Board of Supervisors of the Tindall

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Hammock Irrigation and Soil Conservation District is authorized

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and empowered to have the exclusive right and power, in their

589

discretion, to regulate, maintain, and control water systems and

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sewer systems within and without the district and to regulate,

591

maintain, and control the water levels in all the canals and

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ditches lying within the boundaries of the said Tindall Hammock

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Irrigation and Soil Conservation District.

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Section 2. A certified copy of this act shall be recorded

595

in the Broward County Public Records by the Tindall Hammock

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Irrigation and Soil Conservation District.

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Section 3. If any provision of this act or the application

598

thereof to any person or circumstance is held invalid, the

599

invalidity shall not affect other provisions or applications of

600

this act which can be given effect without the invalid provision

601

or application, and to this end the provisions of this act are

602

declared severable.

603

Section 4. This act shall take effect upon becoming a law.

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