§ 122-202. Governing board; powers and duties; advisory committee; millage.

(a)

The governing board of the district shall be the Board of County Commissioners with the power and duty to conduct the affairs of the district with the powers prescribed by F.S. § 125.01(l)(q) including, but not limited to, the power to equip, operate and maintain facilities and equipment within the district; to buy, lease, sell, exchange, or otherwise acquire, hold and dispose of equipment and other personal or real property and to employ and discharge employees; to promulgate rules and regulations to administer the district and to protect persons and property within the district.

(b)

In accordance with the procedures specified in subsections (1)—(9) of this subsection, the board shall appoint a committee of three to five electors residing with the district to serve staggered terms of two years each to hold meetings at such times and places as it shall determine for the purposes of advising the board regarding the affairs of the district.

(1)

Creation of land trust committee. Subsections (1) through (9) of this subsection are enacted pursuant to chapter 2, article VIII, division 2 to establish and create the Golden Gate Estates Land Trust Committee, hereinafter referred to as the "committee".

(2)

Appointment and composition.

a.

The committee shall consist of five members, which representation shall consist of no more than one officer or director from any one organization/association.

b.

Members of the committee shall be appointed by and serve at the pleasure of the Board of County Commissioners. Said members shall be permanent residents and electors of the Golden Gate Estates area. There shall be no more than three members on the committee concurrently who live within the same area of any one of those five areas of Golden Gate Estates established and shown on exhibit "A" attached to the ordinance from which this article is derived. If more than one applicant is eligible for a vacancy, selection preference shall be provided to the applicant residing in the area of Golden Gate Estates as shown on said exhibit "A", which is least represented by the existing committee membership.

c.

Appointment of members to the committee shall be by resolution of the Board of County Commissioners, which resolution shall set forth the date of appointment and the term of office.

(3)

Terms of office. The initial terms of office of the committee shall be as follows:

a.

One member shall be appointed for a term of two years.

b.

Two members shall be appointed for a term of three years.

c.

Two members shall be appointed for a term of four years.

d.

Thereafter, each appointment or reappointment shall be for a term of four years.

e.

Appointments to fill any vacancies on the committee shall be for the remainder of the unexpired term of office.

(4)

Removal from office; failure to attend meetings.

a.

Any member of the committee may be removed from office by a majority vote of the Board of County Commissioners.

b.

If any member of the committee fails to attend three consecutive committee meetings without a satisfactory excuse, or if a member is absent from more than one-half of the committee's meetings in a given calendar year, the committee shall declare the member's seat to be vacant and the vacancy shall be filled by the Board of County Commissioners.

(5)

Officers; quorum; rules of procedure.

a.

At its earliest opportunity, the membership of the committee shall elect a chairman and vice-chairman from among the members. Officers' terms shall be for one year, with eligibility for reelection.

b.

The presence of three or more members shall constitute a quorum of the committee necessary to take action and transact business.

c.

The committee shall, by majority vote of the entire membership, adopt rules of procedure for the transaction of business and shall keep a written record of meetings, resolutions, findings and determinations. Copies of all committee minutes, resolutions, reports and exhibits shall be submitted to the Board of County Commissioners.

(6)

Compensation. Members of the committee shall serve without compensation, but may be entitled to receive reimbursement for expenses reasonably incurred in the performance of their duties upon prior approval of the Board of County Commissioners.

(7)

Functions, powers and duties of the committee. The functions, powers and duties of the committee shall be as follows:

a.

To aid and assist the Board of County Commissioners in carrying out the requirements, conditions and various provisions of the GAC/Avatar Agreement dated November 15, 1983 (hereinafter referred to as the "1983 agreement"), said agreement relating to the use of 1061.5 acres conveyed to the county by Avatar and the use of funds obtained from the sale thereof.

b.

To prepare and recommend to the Board of County Commissioners an itemized budget of the amount of money required to carry out the business of the committee for the next fiscal year. In carrying out this responsibility, the committee shall, no later than April 1 of each year, meet with the county real property management director or his designee and outline to the director those projects which the committee wishes to see accomplished during the next fiscal year. Based upon this information the director or his designee shall prepare a proposed budget for Fund 605, GAC Trust Fund-Land Sales, hereinafter referred to as "trust fund", in accordance with standard county guidelines regarding the preparation of budgets. This proposed budget shall then be reviewed by the committee and upon approval by the committee be transmitted through the real property management director to the Board of County Commissioners for adoption in accordance with the procedures for the adoption of budgets set forth under general law and Board of County Commissioners' policy. Should the committee fail to approve a budget by May 1 of each year, the county administrator shall be authorized to submit a proposed budget to the Board of County Commissioners.

c.

To advise the Board of County Commissioners as to specific governmental facilities recommended to be provided on the lands deeded in accordance with the 1983 agreement.

d.

To propose marketing programs for the sale of lands owned by the county pursuant to the conditions and requirements of the 1983 agreement.

e.

To set priorities for expenditures of the trust fund and monitor the expenditures of the trust fund in accordance with the 1983 agreement.

(8)

Duties of the county real property management director or designee. The duties of the county real property management director shall be:

a.

To administer the activities of the committee in accordance with established policies of the Board of County Commissioners, the 1983 agreement and guidelines adopted by the committee.

b.

To provide periodic written reports to the committee, the public works administrator, the county administrator and the Board of County Commissioners on the activities of the trust fund and its financial status accordance with established guidelines of the Board of County Commissioners or the committee.

c.

To prepare the annual budget in accordance with subsection b. of this subsection.

d.

To attend all committee meetings.

(9)

Review process. This committee shall be reviewed once every four years commencing with 1991, in accordance with the procedures contained in chapter 2, article VIII, division 2 of this Code.

(c)

The advisory committee shall annually prepare a district budget and estimate the funds, their purpose and the ad valorem taxes necessary to carry the provisions of this article for the following fiscal year as prescribed by F.S. ch. 129.

(d)

Upon adoption of the district budget by the board it shall cause the budget to be recorded in the board minutes and shall cause to be levied on all property within the district a millage sufficient to fund the budget not exceeding 0.9 mill in any one year to be assessed and collected as though county taxes.

(e)

The treasurer of the board shall:

(1)

Issue all warrants for services, equipment materials and other expenses incurred by the district and approved for payment by the governing board.

(2)

On or before the end of each fiscal year prepare an annual report to the receipts and expenditures of the district to the governing board as required by F.S. § 218.20.

(Ord. No. 75-4, § 1(2); Ord. No. 87-48, §§ 1—9; Ord. No. 87-98, § 1; Ord. No. 94-40, §§ 1, 2, 8-16-94)

State law reference

Board of county commissioners to be governing body of unit, F.S. § 125.01(2).

Cross reference

Boards, commissions, committees and authorities, § 2-816 et seq.