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