CHARTER OF THE
TRAILER ESTATES RECREATION DISTRICT
Approved by the Governor
April 24, 2002.
Filed in Office
Secretary of State April 24, 2002.
CHARTER 2002-361
House Bill No. 981
An act relating to the Trailer Estates Park and Recreation District, Manatee
County; codifying, reenacting, amending, and repealing
special acts relating to the district; providing for
the administration of the affairs of said district by a board of nine trustees
and defining
their powers and duties; providing for the
qualification of electors in the district and for annual election of trustees;
providing for removal
of trustees and appointment to fill vacancies;
providing for the assessment and collection of a recreation district tax
assessed against
each improved residential parcel of real property
within the district; providing that such district tax shall be a lien against
each parcel
of land so assessed and for the method of collecting
such tax; providing for the deposit and disbursement of funds of the district;
establishing a fiscal year and providing for
publication of annual financial statements; authorizing the trustees of the
district to issue bonds
and other obligations of the district and to secure
the same by pledge of tax revenues and other property of the district;
authorizing the
trustees of the district to acquire and dispose of
real and personal property for the general purpose of the district; authorizing
the
trustees of the district to promulgate rules and
regulations for the use of facilities of the district; providing for the
abolishment of the
district; providing conditions precedent to the filing
of suit against the district or any of the trustees thereof, and relieving
individual
trustees from personal liability for obligations of
the district; defining terms; providing an effective date.
[CODING: Words stricken are deletions; words underlined
are additions.]
Be It Enacted by the Legislature of the State of Florida:
Section 1. Pursuant to section 189.429, Florida
Statutes, this act constitutes the codification of all special acts relating to
the Trailer Estates Park
and Recreation District. It is the intent of
the Legislature in enacting this law to provide a single, comprehensive special
act charter for the district,
including all current legislative authority
granted to the district by its several legislative enactments and any
additional authority granted by this act.
Section 2. Chapters 69-1287, 70-796, 72-612, 73-546,
76-420, 76-423, 81428, 90-447, 94-413, and 96-442, Laws of Florida,
are codified, amended, reenacted, and
repealed as herein provided.
Section 3. The Trailer Estates Park and Recreation
District is re-created and the charter is re-created and reenacted to read:
Section 1. Upon this act becoming a law, all lands
described in Section 2 lying in Manatee County, hereinafter
described, shall become
and be incorporated into and as a park and
recreation district, which shall be an independent special taxing district,
having the powers and duties herein set
forth, under the name of “Trailer Estates Park and Recreation District.”
Section 2. The lands so to be incorporated being
described as follows:
(a) Trailer Estates
Subdivision as recorded in Plat Book 8, page 138, of the Public Records of
Manatee County, Florida.
First Addition to Trailer Estates Subdivision as recorded in Plat Book 9,
page 71, of the Public Records of Manatee County, Florida.
(b) Second Addition to
Trailer Estates Subdivision as recorded in Plat Book 9, page 61, of the
Public Records of Manatee County, Florida.
(c) Third Addition to Trailer Estates Subdivision
as recorded in Plat Book 10, Page 69
of the Public Records of Manatee County,
Florida.
(d)
Fourth Addition to Trailer Estates Subdivision as recorded in Plat
Book 11, page 66, of the Public Records of
Manatee County, Florida.
(e)
Fifth Addition to Trailer Estates Subdivision as recorded in Plat
Book 12, page 55, of the Public Records of
Manatee County, Florida.
(f)
The SW 1/4 of the SE 1/4 of the SE 1/4 of Section 22, TWP. 35 S., Rge. 17
E.; LESS: Land Described in Deed Book 380, Page 451, Official
Records Book 208, Pages 156 & 157, Official Records
Book 240, Pages 167 & 168, all of the Public Records of Manatee County,
Florida; ALSO LESS: The
South 133 feet and the East 290 feet
of said SW 1/4 of the SE 1/4 of the SE 1/4.
(g) A tract of land in the
SW 1/4 of the SE 1/4 of the SE 1/4 of Section 22, Twp. 35 S. Rge. 17 E. of Manatee County,
Florida, more particularly described as follows: From the NW corner of said
SW 1/4 of the SE 1/4 of the SE 1/4 of
Section 22, run S. 88 degrees 30˘ East along the North line of said SW 1/4
of the SE 1/4 of the SE 1/4, 14.74 feet;
thence run S. 1 degree 48˘ West, 100 feet for a Point of Beginning; thence
run S. 88 degrees 30˘ East, 130 feet to a
point; thence run S. 1 degree 48˘ West, 50 feet to a point; thence run N. 88
degrees 30˘ West, 130 feet to a point;
thence run N. 1
degree 48˘ East 50 feet to the Point of Beginning.
(h) A tract of land in the
SW 1/4 of the SE 1/4 of the SE 1/4 of Section 22, Twp. 35 S. Rge. 17 E. of Manatee County,
Florida, more particularly described as follows: From the NW corner of said
SW 1/4 of the SE 1/4 of the SE 1/4 of Section
22, run S. 88 degrees 30˘ East along the North line of said SW 1/4 of the SE
1/4 of the SE 1/4, 14.74 feet; thence
run S. 1 degree 48' West, 150 feet for a Point of Beginning; thence run S.
88 degrees 30' East, 130 feet to a point; thence
run S. 1 degree 48' West, 50 feet to a
point; thence run N. 88 degrees 30' West, 130 feet to a point; thence run
N. 1 degree 48' East 50
feet to the Point of Beginning.
(i) A tract of land in the SW 1/4 of the SE 1/4 of the SE 1/4 of
Section 22, Twp. 35 S. Rge. 17 E. of Manatee County,
Florida, more particularly described as follows: From the NW corner of said
SW 1/4 of the SE 1/4 of the SE 1/4 of
Section 22, run S. 88 degrees 30' East along the North line of said SW 1/4
of the SE 1/4 of the SE 1/4, 14.74 feet; thence
run S. 1 degree 48˘ West, 200 feet for a
Point of Beginning; thence run S. 88 degrees 30' East, 130 feet to a point;
thence run S. 1 degree 48' West, 50 feet to
a point; thence run N. 88 degrees 30˘ West, 130 feet to a point;
thence
run N. 1 degree 48' East 50 feet to the Point of Beginning.
Section 3. The business and affairs of said district
shall be conducted and administered by a board of nine trustees
(hereinafter referred to as the “trustees”) who,
upon their annual election, shall organize by electing from
their number a chair, two vice chairs, a
secretary, and a treasurer. Said trustees shall not receive any compensation
for their
services but shall be entitled to be
reimbursed from funds of the district for any authorized disbursements they may
properly
incur on behalf of the district. Each trustee
authorized to sign checks of the district or otherwise designated to handle
its funds shall, before he or she enters
upon such duties, execute to the Governor for the benefit of said district, a
good
and sufficient bond approved by a circuit
judge of Manatee County in the sum of $5,000 with a qualified corporate
surety conditioned to faithfully perform the
duties of such trustee and account for all funds which may come into his or her
hands as such trustee. All premiums for such
surety on all bonds shall be paid from the funds of said district.
Section 4. Elections shall be held at the usual polling
place within the district between the hours of 12 noon and 8 p.m. and
shall be conducted and supervised by the
supervisor of elections of Manatee County under the rules
governing general elections in the county,
except as may otherwise be provided herein. Election of the
Board of Trustees shall be held annually on the first Tuesday after the
first Monday of December, establishing 2-year
terms for all trustees, five to be elected
in even years to serve 2-year terms and four to be elected in odd years
to serve 2-year terms in order of expiration
of terms of office and as required to maintain a full board of nine
trustees.
Section 5.
The only persons qualified to vote in said election shall be
owners of record of real property within said
district, but they need not be
actually residing in the district, nor be residents of
the state. The term
“owners of record” means record owners
appearing on the current rolls of the
tax assessor of Manatee County not less than 30
days prior to the date of
each election. For the purpose of determining the
qualifications of electors,
the rolls of the tax assessor of Manatee County
shall be presumptive
evidence of the record of owners of property within the
district,
but such presumption may be rebutted by the voter
furnishing
a recorded deed or facsimile thereof to the
supervisor of elections, or
his or her designated agent at the polling place,
at the time of voting at
such election. Application for absentee ballots may
be obtained from the supervisor
of elections of Manatee County within 45 days
prior to each annual election, and
shall be counted if actually received by the supervisor
of elections by 5 p.m. on
the day before the date of each such election. All
election ballots shall be prepared
by the supervisor of elections of the county.
Persons desiring to have their names
placed on the ballot for election as trustee of the
district shall be qualified
electors as defined in this act and shall present a
written petition to the
supervisor of elections of Manatee County not less than 60
days prior to the
date of each election, which petition shall be
signed by the candidate and
notarized, and signed by not less than 25 persons
qualified to vote in said
election within the district. Notice of said election
setting forth the names
of the persons proposed as trustees of the
district for the next ensuing 2
years shall be given by the district in writing
addressed to each record owner
or owners of each parcel of property within the
district, not less than 15 days
before the date of each election, and shall also be
published by the district
one time at least 10 days prior to such election,
in a newspaper of general
circulation published in the county, and if no newspaper be
published in said
county, then they shall
cause written or printed notices of said election to
be posted in five public places within said
district. The trustees may appoint
inspectors and clerks for the election whose duties shall
be the same as
similar officers in general elections, except as herein
stated. Said election
may be by ballot or by voting machine, and if by
ballot the same shall be
written or printed in black ink on plain paper and
shall be substantially in
the following form:
Board of Trustees of the Trailer Estates Park and Recreation
District
(stating their names and residence
addresses)
and if by voting machine
the requirements for the ballot herein described
shall be adapted to the use of such voting machine.
The nine persons receiving the
highest number of votes shall be declared trustees of
the district for
the ensuing 2 years. Trustees may succeed
themselves in office.
Section 6.
The supervisor of elections of Manatee County shall canvass
the return of election and shall announce the
results thereon the day following
the election. Should there be a deadlock in the
balloting, a runoff election
shall be held on the 3rd Tuesday of December next
following the deadlocked
election, except if a deadlock should occur in the first
election as provided
hereunder, a runoff election shall be held on the 3rd
Tuesday following such
deadlocked election. The supervisor of elections shall be
entitled to a
reasonable fee for conducting each election, payable out
of general funds of the
district.
Section 7.
The Board of Trustees shall have the right, power, and
authority to levy a special assessment known as a
recreation district tax against
all taxable real estate situated within said
district for the purpose of providing
funds for the operation of the district. The trustees
shall, on or before
April 1 of each year, by resolution, fix the amount of the
assessment for the
next ensuing year and shall direct the tax assessor
of Manatee County to
assess and the tax collector of Manatee County to
collect such tax as assessed
upon each improved residential parcel of property
within the district.
Prior to the adoption of the resolution fixing the amount of the
assessment,
the trustees shall hold a public hearing at which
time property owners
within the district may appear and be heard. Notice of
the time and place
of the public hearing shall be published once in a
newspaper of general
circulation within the county at least 21 days prior to the
public hearing. The
county tax assessor shall include on the Manatee
County tax roll the special
assessment for park and recreation district benefits thus
made by the Board
of Trustees of the district, and the same shall be
collected in the manner and
form as provided for collection of county taxes. The
county tax collector and
the county tax assessor shall each receive
compensation for their services
regarding such special assessment of 1-1/2 percent of the
gross tax receipts
instead of the commissions and fees usually earned for
the assessment and
collection of county taxes. Further, the services of the
tax assessor and the
tax collector under this act are hereby declared to
be special services performed
directly for the district, and any payment therefor shall not be considered
of the general income of such official nor come
under sections 116.03
and 145.121, Florida Statutes. After deducting therefrom the said fees, the
tax collector shall deposit the funds into a
depository designated by the
Board of Trustees of the district for the
account of the district. For the
purpose of determining property subject to the district
tax, an “improved
residential parcel” shall be construed to mean a lot or
lots on which a mobile
home has been erected as of January 1 of the taxable
year. The district tax
shall not be an ad valorem tax but rather shall be a
unit tax assessed equally
against all improved residential parcels.
Section 8.
The district may acquire and hold property, sue and be sued,
enter into contracts, and perform other functions
necessary or desirable to
the carrying out of the provisions and intent of
this act. No debt shall be
created without the approval of the Board of Trustees.
Section 9.
The district tax shall be a lien upon each improved residential
parcel of land so assessed until said tax has been
paid, and shall be considered
a part of the Manatee County tax, subject to the
same penalties,
charges, fees, and remedies for enforcement and
collection as provided by
the laws of the state for the collection of such
taxes.
Section 10.
The proceeds for said tax and the funds of the district shall
be deposited in the name of the district in a bank
or savings and loan
association or building and loan association authorized to
receive deposits
of county funds, which depository shall be designated
by resolution of the
Board of Trustees. No funds of the district shall be disbursed
save and except
by check or draft signed by the chair and
treasurer of the board or, in the
absence of either, by another trustee designated for
that purpose by the
board.
Section 11.
Trustees shall hold office for a term of 2 years, and may
succeed themselves. All vacancies occurring in the
Board of Trustees for any
cause shall be filled for the unexpired term by the
remaining trustees by the
appointment of a successor trustee or trustees from among
the qualified
electors of said district as herein defined. Any trustee
failing to discharge
the duties of his or her position may be removed
for cause by the Board of
Trustees, after due notice and an opportunity to be heard upon
charges of
malfeasance or misfeasance.
Section 12.
The fiscal year of the district shall commence January 1. The
trustees shall, on or before April 1 of each year,
prepare an annual financial
statement of income and disbursements during the prior
fiscal year. On or
before April 1 of each year, the trustees shall
prepare and adopt an itemized
budget showing the amount of money necessary for the
operation of the
district for the next fiscal year, and the district tax
to be assessed and
collected upon the taxable property of the district for
the next ensuing year.
Such financial statement shall be published once during the month
of April
each year in a newspaper of general circulation
within the county. A copy
of said statement and a copy of said budget shall
also be furnished by mail
to each taxpayer within the district within 30
days after its preparation and
a copy made available for public inspection at
the principal office of the
district at reasonable hours.
Section 13.
The property of the district shall consist of the recreational
hall, shuffleboard courts, marina, playgrounds,
walks, and other property
and improvements now or hereafter erected or
purchased by the trustees for
the district, as well as
any other real or personal property which the trustees
of the district may, in their discretion,
determine to be necessary or convenient
for the purposes of the district. In addition
thereto, for the comfort and
convenience of taxpayers within the district, the trustees
may in their
discretion assume the cost of installing and maintaining
entrance parkways
and street lighting within the district and may
acquire and dispose of any
other facilities for the general purpose of the
district.
Section 14.
Persons entitled to use the facilities and property of the
district shall be limited to property owners within the
district, their family
members and guests, and such other persons and groups
as the trustees may
authorize from time to time.
Section 15.
The trustees shall supervise all real and personal property
owned by the district, and shall have the following
powers in addition to
those already herein enumerated:
(a) To negotiate
purchases and to purchase real and personal property
on behalf of the district and to pay for such
purchases with either cash or
by the issuance of bonds or revenue certificates.
(b) To determine and fix
the tax to be assessed annually within the
district.
(c) To enter into
contracts on behalf of the district.
(d) To incur obligations
on behalf of the district, including the power to
issue bonds, notes, and other evidence of
indebtedness of the district for the
purpose of obtaining funds for the operation of the
district, including the
purchase of land, buildings, and other improvements;
provided, however,
that the aggregate amount of all obligations of the
district payable in any
fiscal year shall not exceed the aggregate amount of
all revenue received by
the district from all sources during such fiscal
year. Bonds, notes, or other
certificates of indebtedness issued by the district may be
secured by the
pledge of tax revenues obtained by the district, as
well as by mortgage of
property owned by the district.
(e) To issue its bonds
to finance, in whole or in part, the cost of construction,
acquisition, or improvements of real and personal property
of the district.
The trustees, in determining such costs, may include all costs and
estimated costs of the issuance of said bonds, all
engineering, inspection,
fiscal, and legal expenses, all costs of preliminary
surveys, plans, maps, and
specifications, initial reserve funds for debt service, the
costs of the services
of persons, firms, corporations, partnerships, or
associations employed, or
consultants, advisors, engineers, or fiscal, financial, or
other experts in the
planning, preparation, and financing of the district.
The trustees are hereby
authorized to employ and to enter into agreements or
contracts with consultants,
engineers, attorneys, or fiscal, financial, or other
experts for the planning,
preparation, and financing of the district, or any asset
thereof, upon
such terms and conditions as the trustees shall deem
desirable and proper.
The district may pledge to the punctual payment of bonds or
revenue certificates
issued pursuant to this act, and interest thereon, an
amount of the
revenue derived from the facilities and services of the
district, including
acquisitions, extensions,
and improvements thereof sufficient to pay said
bonds and the interest thereon as the same shall
become due and to create
and maintain reasonable reserves therefor.
(f) To buy, sell, rent,
or lease real and personal property in the name of
the district; to deliver purchase money notes and
mortgages or to assume
the obligation of existing mortgages in connection
with the acquisition of
property of the district; and to receive gifts of real
or personal property.
(g) To promulgate
reasonable rules and regulations governing the use of
the facilities of the district.
(h) To provide trash and
garbage collection and central television antenna
signals and services for the benefit of all persons
residing within the
district, to own, operate, and maintain the necessary
equipment and apparatus,
or to contract with others to provide such
services, and to hold such
franchises as may be necessary or desirable to provide
such services.
(i) To use district funds in the administration and enforcement of
the
deed restriction as filed in the Manatee County
public records for properties
within the district.
(j) To recover all costs
and reasonable attorney’s fees in addition to other
appropriate relief should the trustees be the prevailing
party in any litigation,
and in any appellate proceedings, involving the
enforcement of this act
and/or the deed restrictions as filed in the Manatee
County public records.
Section 16.
The construction, acquisition, or improvements of real or
personal property of the district, or the refunding of
any bonds or other
obligations issued for such purposes, may be authorized
under this act.
Bonds may be authorized to be issued under this act to provide
funds for
such purposes by resolution or resolutions of the
trustees, which may be
adopted at the same meeting at which they were
introduced and may be
adopted by a majority of the members thereof, and shall
take effect immediately
upon adoption and need not be published or posted.
Said bonds shall
bear interest at such rate or rates not exceeding 6
percent per annum,
payable semiannually, may be in one or more series, may
bear such date or
dates, may mature at such time or times not exceeding
40 years from their
respective dates, may be made payable in such medium of
payment, at such
place, within or without the state, may carry such
registration privileges,
may be subject to such terms of redemption, with or
without premium, may
be executed in such manner, may contain such
terms, covenants, and conditions,
and may be in such form, either coupon or
registered, as such resolution or
subsequent resolution may provide. Said bonds may be sold
all at one
time or in blocks from time to time, at public or
private sale, or if refunding
bonds, may also be delivered and exchanged for the
outstanding obligations
to be refunded thereby, in such manner as the
trustees shall determine by
resolution, and at such price or prices computed according
to standard tables
of bond value as will yield to the purchasers or
the holders of the obligations
surrendered in exchange in the case of refunding bonds,
income at a rate not
exceeding 6 percent per annum to the maturity dates of
the several bonds
so sold or exchanged on the money paid or the
principal amount of obligations
surrendered therefore to the district. Pending the
preparation of the
definitive bonds,
interim certificates or receipts or temporary bonds in such
form and with such provisions as the trustees may
determine may be issued
to the purchaser or purchasers of the bonds sold
pursuant to this act. Said
bonds, and such interim certificates or receipts or
temporary bonds, shall be
fully negotiable.
Section 17. A record shall be kept of all meetings of
the Board of Trustees
and in such meetings a concurrence of a majority of
said trustees shall be
necessary for any affirmative action taken by the board.
Said trustees may
adopt such rules and regulations, not inconsistent
with any portion of this
act, as they may deem necessary or convenient in
and about the transaction
of the business of the board and in carrying out
the provisions of this act.
Section 18.
For the general purposes of this act, each parcel of improved
residential property in said district is hereby declared to
be uniformly and
generally benefited by the provisions hereof.
Section 19.
The district hereby created may be abolished by a majority
vote of the qualified electors in the district at an
election called by the
trustees of the district for such purpose, which
election shall be held and
notice thereof given under the same requirements as
are set forth hereunder
for the election of trustees and the levying and
collecting of the district tax.
However, the district shall not be abolished while it has
outstanding indebtedness
without first making adequate provisions for the
liquidation of such
outstanding indebtedness.
Section 20.
Trustees not guilty of malfeasance in office shall be relieved
of any personal liability for any acts done by
them while holding office in the
district; any trustee who is made a party to any action,
suit, or proceeding
solely by reason of his or her holding office in the
district shall be indemnified by
the district against reasonable expenses, including
attorney’s fees,
incurred by him or her in defending such suit, action,
or proceeding, except
with respect to matters wherein it shall be adjudged
in such proceeding that
such trustee is liable for negligence or misconduct
in the performance of his
or her duties.
Section 21.
The word “district” means the special park and
recreation
district hereby organized; the words “board,”
“trustees,” and “Board of Trustees”
mean the Board of Trustees of and for the special
park and recreation
district hereby created when used in this act, unless
otherwise specified.
Section 22.
(a) Notwithstanding any provisions to the contrary (as may
now appear in section 8, section 13, or section
15), the trustees of Trailer
Estates Park and Recreation District shall not enter into any
contract involving the
initial purchase, lease, conveyance, or other manner of
acquisition of real
or tangible personal property constituting
recreational facilities,
which presently exist within the territory included
in the Trailer Estates
Park and Recreation District, in any instance when the cost price
or consideration
therefore exceeds $25,000 including all obligations
proposed to be
assumed in connection with such acquisition, unless:
(1) The trustees by
two-thirds vote have approved the terms
and conditions of such acquisition by written
resolution;
(2) Within not less than
30 nor more than 60 days after the date of the
resolution, the trustees certify the resolution to the
supervisor of elections
of Manatee County for a referendum election; and
(3) A majority of
qualified electors of the district voting in a referendum
election approve the resolution.
(b) The qualifications
of voters, notice, and procedure for this referendum
shall be the same as set forth herein for the
election of trustees and for
special referendum elections.
Section 4. Chapters 69-1287, 70-796, 72-612, 73-546,
76-420, 76-423, 81428, 90-447, 94-413, and 96-442, Laws of Florida, are
repealed.
Section 5. In the event of a conflict of the provisions of
this act with the provisions of any other
act,
the provisions of this act shall control to the extent
of such
conflict.
Section 6. The provisions of this act shall be
liberally construed in order to effectively carry out the purpose of this act
in the interest of the public.
Section 7. This act shall take effect upon becoming a
law.
Approved by the Governor April 24, 2002.
Filed in Office Secretary of State April
24, 2002.
[CODING: Words stricken are deletions; words underlined
are additions.]