House Bill hb0981

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    Florida House of Representatives - 2002                 HB 981

        By Representative Bennett






  1                      A bill to be entitled

  2         An act relating to the Trailer Estates Park and

  3         Recreation District, Manatee County; codifying,

  4         reenacting, amending, and repealing special

  5         acts relating to the district; providing for

  6         the administration of the affairs of said

  7         district by a board of nine trustees and

  8         defining their powers and duties; providing for

  9         the qualification of electors in the district

10         and the manner of conducting the first election

11         of trustees and for annual election of trustees

12         thereafter; providing for removal of trustees

13         and appointment to fill vacancies; providing

14         for the assessment and collection of a

15         recreation district tax assessed against each

16         improved residential parcel of real property

17         within the district; providing that such

18         district tax shall be a lien against each

19         parcel of land so assessed and for the method

20         of collecting such tax; providing for the

21         deposit and disbursement of funds of the

22         district; establishing a fiscal year and

23         providing for publication of annual financial

24         statements; authorizing the trustees of the

25         district to issue bonds and other obligations

26         of the district and to secure the same by

27         pledge of tax revenues and other property of

28         the district; authorizing the trustees of the

29         district to acquire and dispose of real and

30         personal property for the general purpose of

31         the district; authorizing the trustees of the

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  1         district to promulgate rules and regulations

  2         for the use of facilities of the district;

  3         providing for the abolishment of the district;

  4         providing conditions precedent to the filing of

  5         suit against the district or any of the

  6         trustees thereof, and relieving individual

  7         trustees from personal liability for

  8         obligations of the district; defining terms;

  9         providing for a special referendum within the

10         district before this act may become effective;

11         providing an effective date.

12

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

14

15         Section 1.  Pursuant to section 189.429, Florida

16  Statutes, this act constitutes the codification of all special

17  acts relating to the Trailer Estates Park and Recreation

18  District. It is the intent of the Legislature in enacting this

19  law to provide a single, comprehensive special act charter for

20  the district, including all current legislative authority

21  granted to the district by its several legislative enactments

22  and any additional authority granted by this act. It is

23  further the intent of this act to preserve all district

24  authority, including the authority to annually assess and levy

25  against the taxable property in the district a tax not to

26  exceed 0.2 mills on the dollar of assessed valuation.

27         Section 2.  Chapters 69-1287, 70-796, 72-612, 73-546,

28  76-420, 76-423, 81-428, 90-447, and 96-442, Laws of Florida,

29  are codified, amended, reenacted, and repealed as herein

30  provided.

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  1         Section 3.  The charter for the Trailer Estates Park

  2  and Recreation District is re-created and reenacted to read:

  3         Section 1.  Upon this act becoming a law, all lands

  4  described in Section 2 lying in Manatee County, hereinafter

  5  described, shall become and be incorporated into and as a park

  6  and recreation district, which shall be a special taxing

  7  district, having the powers and duties herein set forth, under

  8  the name of "Trailer Estates Park and Recreation District."

  9         Section 2.  The lands so to be incorporated being

10  described as follows:

11

12         (a)  Trailer Estates Subdivision as recorded in

13         Plat Book 8, page 138, of the Public Records of

14         Manatee County, Florida. First Addition to

15         Trailer Estates Subdivision as recorded in Plat

16         Book 9, page 71, of the Public Records of

17         Manatee County, Florida.

18

19         (b)  Second Addition to Trailer Estates

20         Subdivision as recorded in Plat Book 9, page

21         61, of the Public Records of Manatee County,

22         Florida.

23

24         (c)  Third Addition to Trailer Estates

25         Subdivision as recorded in Plat Book 10, Page

26         69 of the Public Records of Manatee County,

27         Florida.

28

29         (d)  Fourth Addition to Trailer Estates

30         Subdivision as recorded in Plat Book 11, page

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  1         66, of the Public Records of Manatee County,

  2         Florida.

  3

  4         (e)  Fifth Addition to Trailer Estates

  5         Subdivision as recorded in Plat Book 12, page

  6         55, of the Public Records of Manatee County,

  7         Florida.

  8

  9         (f)  The SW 1/4 of the SE 1/4 of the SE 1/4 of

10         Section 22, TWP. 35 S., Rge. 17 E.; LESS: Land

11         Described in Deed Book 380, Page 451, Official

12         Records Book 208, Pages 156 & 157, Official

13         Records Book 240, Pages 167 & 168, all of the

14         Public Records of Manatee County, Florida; ALSO

15         LESS: The South 133 feet and the East 290 feet

16         of said SW 1/4 of the SE 1/4 of the SE 1/4.

17

18         (g)  A tract of land in the SW 1/4 of the SE

19         1/4 of the SE 1/4 of Section 22, Twp. 35 S.

20         Rge. 17 E. of Manatee County, Florida, more

21         particularly described as follows: From the NW

22         corner of said SW 1/4 of the SE 1/4 of the SE

23         1/4 of Section 22, run S. 88 degrees 30' East

24         along the North line of said SW 1/4 of the SE

25         1/4 of the SE 1/4, 14.74 feet; thence run S. 1

26         degree 48' West, 100 feet for a Point of

27         Beginning; thence run S. 88 degrees 30' East,

28         130 feet to a point; thence run S. 1 degree 48'

29         West, 50 feet to a point; thence run N. 88

30         degrees 30' West, 130 feet to a point; thence

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  1         run N. 1 degree 48' East 50 feet to the Point

  2         of Beginning.

  3

  4         (h)  A tract of land in the SW 1/4 of the SE

  5         1/4 of the SE 1/4 of Section 22, Twp. 35 S.

  6         Rge. 17 E. of Manatee County, Florida, more

  7         particularly described as follows: From the NW

  8         corner of said SW 1/4 of the SE 1/4 of the SE

  9         1/4 of Section 22, run S. 88 degrees 30' East

10         along the North line of said SW 1/4 of the SE

11         1/4 of the SE 1/4, 14.74 feet; thence run S. 1

12         degree 48' West, 150 feet for a Point of

13         Beginning; thence run S. 88 degrees 30' East,

14         130 feet to a point; thence run S. 1 degree 48'

15         West, 50 feet to a point; thence run N. 88

16         degrees 30' West, 130 feet to a point; thence

17         run N. 1 degree 48' East 50 feet to the Point

18         of Beginning.

19

20         (i)  A tract of land in the SW 1/4 of the SE

21         1/4 of the SE 1/4 of Section 22, Twp. 35 S.

22         Rge. 17 E. of Manatee County, Florida, more

23         particularly described as follows: From the NW

24         corner of said SW 1/4 of the SE 1/4 of the SE

25         1/4 of Section 22, run S. 88 degrees 30' East

26         along the North line of said SW 1/4 of the SE

27         1/4 of the SE 1/4, 14.74 feet; thence run S. 1

28         degree 48' West, 200 feet for a Point of

29         Beginning; thence run S. 88 degrees 30' East,

30         130 feet to a point; thence run S. 1 degree 48'

31         West, 50 feet to a point; thence run N. 88

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  1         degrees 30' West, 130 feet to a point; thence

  2         run N. 1 degree 48' East 50 feet to the Point

  3         of Beginning.

  4         Section 3.  The business and affairs of said district

  5  shall be conducted and administered by a board of nine

  6  trustees (hereinafter referred to as the "trustees") who, upon

  7  their annual election, shall organize by electing from their

  8  number a chair, two vice chairs, a secretary, and a treasurer.

  9  Said trustees shall not receive any compensation for their

10  services but shall be entitled to be reimbursed from funds of

11  the district for any authorized disbursements they may

12  properly incur on behalf of the district.  Each trustee

13  authorized to sign checks of the district or otherwise

14  designated to handle its funds shall, before he or she enters

15  upon such duties, execute to the Governor for the benefit of

16  said district, a good and sufficient bond approved by a

17  circuit judge of Manatee County in the sum of $5,000 with a

18  qualified corporate surety conditioned to faithfully perform

19  the duties of such trustee and account for all funds which may

20  come into his or her hands as such trustee.  All premiums for

21  such surety on all bonds shall be paid from the funds of said

22  district.

23         Section 4.  An election shall be held within the

24  district on a Tuesday not less than 30 nor more than 60 days

25  after the date this act is approved at the special referendum

26  herein provided, for the purpose of electing the first Board

27  of Trustees of the district.  The election shall be held at

28  the usual polling place within the district between the hours

29  of 12 noon and 8 p.m. and shall be conducted and supervised by

30  the supervisor of elections of Manatee County under the rules

31  governing general elections in the county, except as may

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  1  otherwise be provided herein.  Election of succeeding Boards

  2  of Trustees shall be held annually on the first Tuesday after

  3  the first Monday of December. In the year 1976, the five

  4  candidates receiving the highest number of votes shall be

  5  elected for a term of 2 years and the four candidates

  6  receiving the next highest number of votes shall be elected

  7  for a term of 1 year, all to take office on January 1

  8  following the election. The four 1-year terms of office which

  9  expire on December 31, 1977, will be filled with trustees

10  elected for 2-year terms at the December 1977 election, thus

11  establishing an annual election thereafter for 2-year terms

12  for all trustees, five to be elected in even years to serve

13  2-year terms and four to be elected in odd years to serve

14  2-year terms in order of expiration of terms of office and as

15  required to maintain a full board of nine trustees.

16         Section 5.  The only persons qualified to vote in said

17  election shall be owners of record of real property within

18  said district, but they need not be actually residing in the

19  district, nor be residents of the state.  The term "owners of

20  record" means record owners appearing on the current rolls of

21  the tax assessor of Manatee County not less than 30 days prior

22  to the date of each election. For the purpose of determining

23  the qualifications of electors, the rolls of the tax assessor

24  of Manatee County shall be presumptive evidence of the record

25  of owners of property within the district, but such

26  presumption may be rebutted by the voter furnishing a recorded

27  deed or facsimile thereof to the supervisor of elections, or

28  his or her designated agent at the polling place, at the time

29  of voting at such election.  Application for absentee ballots

30  may be obtained from the supervisor of elections of Manatee

31  County within 45 days prior to each annual election, and shall

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  1  be counted if actually received by the supervisor of elections

  2  by 5 p.m. on the day before the date of each such election.

  3  All election ballots shall be prepared by the supervisor of

  4  elections of the county.  Persons desiring to have their names

  5  placed on the ballot for election as trustee of the district

  6  shall be qualified electors as defined in this act and shall

  7  present a written petition to the supervisor of elections of

  8  Manatee County not less than 60 days prior to the date of each

  9  election, which petition shall be signed by the candidate and

10  notarized, and signed by not less than 25 persons qualified to

11  vote in said election within the district.  Notice of said

12  election setting forth the names of the persons proposed as

13  trustees of the district for the next ensuing 2 years shall be

14  given by the district in writing addressed to each record

15  owner or owners of each parcel of property within the

16  district, not less than 15 days before the date of each

17  election, and shall also be published by the district one time

18  at least 10 days prior to such election, in a newspaper of

19  general circulation published in the county, and if no

20  newspaper be published in said county, then they shall cause

21  written or printed notices of said election to be posted in

22  five public places within said district.  The trustees may

23  appoint inspectors and clerks for the election whose duties

24  shall be the same as similar officers in general elections,

25  except as herein stated.  Said election may be by ballot or by

26  voting machine, and if by ballot the same shall be written or

27  printed in black ink on plain paper and shall be substantially

28  in the following form:

29

30

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  1         Board of Trustees of the Trailer Estates Park

  2         and Recreation District (stating their names

  3         and residence addresses)

  4

  5  and if by voting machine the requirements for the ballot

  6  herein described shall be adapted to the use of such voting

  7  machine.  The nine persons receiving the highest number of

  8  votes shall be declared trustees of the district for the

  9  ensuing 2 years. Trustees may succeed themselves in office.

10         Section 6.  The supervisor of elections of Manatee

11  County shall canvass the return of election and shall announce

12  the results thereon the day following the election. Should

13  there be a deadlock in the balloting, a runoff election shall

14  be held on the 3rd Tuesday of December next following the

15  deadlocked election, except if a deadlock should occur in the

16  first election as provided hereunder, a runoff election shall

17  be held on the 3rd Tuesday following such deadlocked election.

18  The supervisor of elections shall be entitled to a reasonable

19  fee for conducting each election, payable out of general funds

20  of the district.

21         Section 7.  The Board of Trustees shall have the right,

22  power, and authority to levy a special assessment known as a

23  recreation district tax against all taxable real estate

24  situated within said district for the purpose of providing

25  funds for the operation of the district.  The trustees shall,

26  on or before April 1 of each year, by resolution, fix the

27  amount of the assessment for the next ensuing year and shall

28  direct the tax assessor of Manatee County to assess and the

29  tax collector of Manatee County to collect such tax as

30  assessed upon each improved residential parcel of property

31  within the district.  Prior to the adoption of the resolution

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  1  fixing the amount of the assessment, the trustees shall hold a

  2  public hearing at which time property owners within the

  3  district may appear and be heard.  Notice of the time and

  4  place of the public hearing shall be published once in a

  5  newspaper of general circulation within the county at least 21

  6  days prior to the public hearing.  The county tax assessor

  7  shall include on the Manatee County tax roll the special

  8  assessment for park and recreation district benefits thus made

  9  by the Board of Trustees of the district, and the same shall

10  be collected in the manner and form as provided for collection

11  of county taxes. The county tax collector and the county tax

12  assessor shall each receive compensation for their services

13  regarding such special assessment of 1-1/2 percent of the

14  gross tax receipts instead of the commissions and fees usually

15  earned for the assessment and collection of county taxes.

16  Further, the services of the tax assessor and the tax

17  collector under this act are hereby declared to be special

18  services performed directly for the district, and any payment

19  therefor shall not be considered of the general income of such

20  official nor come under sections 116.03 and 145.121, Florida

21  Statutes. After deducting therefrom the said fees, the tax

22  collector shall deposit the funds into a depository designated

23  by the Board of Trustees of the district for the account of

24  the district. For the purpose of determining property subject

25  to the district tax, an "improved residential parcel" shall be

26  construed to mean a lot or lots on which a mobile home has

27  been erected as of January 1 of the taxable year.  The

28  district tax shall not be an ad valorem tax but rather shall

29  be a unit tax assessed equally against all improved

30  residential parcels.

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  1         Section 8.  The district may acquire and hold property,

  2  sue and be sued, enter into contracts, and perform other

  3  functions necessary or desirable to the carrying out of the

  4  provisions and intent of this act. No debt shall be created

  5  without the approval of the Board of Trustees.

  6         Section 9.  The district tax shall be a lien upon each

  7  improved residential parcel of land so assessed until said tax

  8  has been paid, and shall be considered a part of the Manatee

  9  County tax, subject to the same penalties, charges, fees, and

10  remedies for enforcement and collection as provided by the

11  laws of the state for the collection of such taxes.

12         Section 10.  The proceeds for said tax and the funds of

13  the district shall be deposited in the name of the district in

14  a bank or savings and loan association or building and loan

15  association authorized to receive deposits of county funds,

16  which depository shall be designated by resolution of the

17  Board of Trustees.  No funds of the district shall be

18  disbursed save and except by check or draft signed by the

19  chair and treasurer of the board or, in the absence of either,

20  by another trustee designated for that purpose by the board.

21         Section 11.  Trustees shall hold office for a term of 2

22  years, and may succeed themselves.  All vacancies occurring in

23  the Board of Trustees for any cause shall be filled for the

24  unexpired term by the remaining trustees by the appointment of

25  a successor trustee or trustees from among the qualified

26  electors of said district as herein defined.  Any trustee

27  failing to discharge the duties of his or her position may be

28  removed for cause by the Board of Trustees, after due notice

29  and an opportunity to be heard upon charges of malfeasance or

30  misfeasance.

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  1         Section 12.  The fiscal year of the district shall

  2  commence January 1.  The trustees shall, on or before April 1

  3  of each year, prepare an annual financial statement of income

  4  and disbursements during the prior fiscal year.  On or before

  5  April 1 of each year, the trustees shall prepare and adopt an

  6  itemized budget showing the amount of money necessary for the

  7  operation of the district for the next fiscal year, and the

  8  district tax to be assessed and collected upon the taxable

  9  property of the district for the next ensuing year. Such

10  financial statement shall be published once during the month

11  of April each year in a newspaper of general circulation

12  within the county. A copy of said statement and a copy of said

13  budget shall also be furnished by mail to each taxpayer within

14  the district within 30 days after its preparation and a copy

15  made available for public inspection at the principal office

16  of the district at reasonable hours.

17         Section 13.  The property of the district shall consist

18  of the recreational hall, shuffleboard courts, marina,

19  playgrounds, walks, and other property and improvements now or

20  hereafter erected or purchased by the trustees for the

21  district, as well as any other real or personal property which

22  the trustees of the district may, in their discretion,

23  determine to be necessary or convenient for the purposes of

24  the district. In addition thereto, for the comfort and

25  convenience of taxpayers within the district, the trustees may

26  in their discretion assume the cost of installing and

27  maintaining entrance parkways and street lighting within the

28  district and may acquire and dispose of any other facilities

29  for the general purpose of the district.

30         Section 14.  Persons entitled to use the facilities and

31  property of the district shall be limited to property owners

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  1  within the district, their family members and guests, and such

  2  other persons and groups as the trustees may authorize from

  3  time to time.

  4         Section 15.  The trustees shall supervise all real and

  5  personal property owned by the district, and shall have the

  6  following powers in addition to those already herein

  7  enumerated:

  8         (a)  To negotiate purchases and to purchase real and

  9  personal property on behalf of the district and to pay for

10  such purchases with either cash or by the issuance of bonds or

11  revenue certificates.

12         (b)  To determine and fix the tax to be assessed

13  annually within the district.

14         (c)  To enter into contracts on behalf of the district.

15         (d)  To incur obligations on behalf of the district,

16  including the power to issue bonds, notes, and other evidence

17  of indebtedness of the district for the purpose of obtaining

18  funds for the operation of the district, including the

19  purchase of land, buildings, and other improvements; provided,

20  however, that the aggregate amount of all obligations of the

21  district payable in any fiscal year shall not exceed the

22  aggregate amount of all revenue received by the district from

23  all sources during such fiscal year. Bonds, notes, or other

24  certificates of indebtedness issued by the district may be

25  secured by the pledge of tax revenues obtained by the

26  district, as well as by mortgage of property owned by the

27  district.

28         (e)  To issue its bonds to finance, in whole or in

29  part, the cost of construction, acquisition, or improvements

30  of real and personal property of the district.  The trustees,

31  in determining such costs, may include all costs and estimated

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  1  costs of the issuance of said bonds, all engineering,

  2  inspection, fiscal, and legal expenses, all costs of

  3  preliminary surveys, plans, maps, and specifications, initial

  4  reserve funds for debt service, the costs of the services of

  5  persons, firms, corporations, partnerships, or associations

  6  employed, or consultants, advisors, engineers, or fiscal,

  7  financial, or other experts in the planning, preparation, and

  8  financing of the district.  The trustees are hereby authorized

  9  to employ and to enter into agreements or contracts with

10  consultants, engineers, attorneys, or fiscal, financial, or

11  other experts for the planning, preparation, and financing of

12  the district, or any asset thereof, upon such terms and

13  conditions as the trustees shall deem desirable and proper.

14  The district may pledge to the punctual payment of bonds or

15  revenue certificates issued pursuant to this act, and interest

16  thereon, an amount of the revenue derived from the facilities

17  and services of the district, including acquisitions,

18  extensions, and improvements thereof sufficient to pay said

19  bonds and the interest thereon as the same shall become due

20  and to create and maintain reasonable reserves therefor.

21         (f)  To buy, sell, rent, or lease real and personal

22  property in the name of the district; to deliver purchase

23  money notes and mortgages or to assume the obligation of

24  existing mortgages in connection with the acquisition of

25  property of the district; and to receive gifts of real or

26  personal property.

27         (g)  To promulgate reasonable rules and regulations

28  governing the use of the facilities of the district.

29         (h)  To provide trash and garbage collection and

30  central television antenna signals and services for the

31  benefit of all persons residing within the district, to own,

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  1  operate, and maintain the necessary equipment and apparatus,

  2  or to contract with others to provide such services, and to

  3  hold such franchises as may be necessary or desirable to

  4  provide such services.

  5         (i)  To use district funds in the administration and

  6  enforcement of the deed restriction as filed in the Manatee

  7  County public records for properties within the district.

  8         (j)  To recover all costs and reasonable attorney's

  9  fees in addition to other appropriate relief should the

10  trustees be the prevailing party in any litigation, and in any

11  appellate proceedings, involving the enforcement of this act

12  and/or the deed restrictions as filed in the Manatee County

13  public records.

14         Section 16.  The construction, acquisition, or

15  improvements of real or personal property of the district, or

16  the refunding of any bonds or other obligations issued for

17  such purposes, may be authorized under this act. Bonds may be

18  authorized to be issued under this act to provide funds for

19  such purposes by resolution or resolutions of the trustees,

20  which may be adopted at the same meeting at which they were

21  introduced and may be adopted by a majority of the members

22  thereof, and shall take effect immediately upon adoption and

23  need not be published or posted. Said bonds shall bear

24  interest at such rate or rates not exceeding 6 percent per

25  annum, payable semiannually, may be in one or more series, may

26  bear such date or dates, may mature at such time or times not

27  exceeding 40 years from their respective dates, may be made

28  payable in such medium of payment, at such place, within or

29  without the state, may carry such registration privileges, may

30  be subject to such terms of redemption, with or without

31  premium, may be executed in such manner, may contain such

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  1  terms, covenants, and conditions, and may be in such form,

  2  either coupon or registered, as such resolution or subsequent

  3  resolution may provide.  Said bonds may be sold all at one

  4  time or in blocks from time to time, at public or private

  5  sale, or if refunding bonds, may also be delivered and

  6  exchanged for the outstanding obligations to be refunded

  7  thereby, in such manner as the trustees shall determine by

  8  resolution, and at such price or prices computed according to

  9  standard tables of bond value as will yield to the purchasers

10  or the holders of the obligations surrendered in exchange in

11  the case of refunding bonds, income at a rate not exceeding 6

12  percent per annum to the maturity dates of the several bonds

13  so sold or exchanged on the money paid or the principal amount

14  of obligations surrendered therefor to the district. Pending

15  the preparation of the definitive bonds, interim certificates

16  or receipts or temporary bonds in such form and with such

17  provisions as the trustees may determine may be issued to the

18  purchaser or purchasers of the bonds sold pursuant to this

19  act.  Said bonds, and such interim certificates or receipts or

20  temporary bonds, shall be fully negotiable.

21         Section 17.  A record shall be kept of all meetings of

22  the Board of Trustees and in such meetings a concurrence of a

23  majority of said trustees shall be necessary for any

24  affirmative action taken by the board.  Said trustees may

25  adopt such rules and regulations, not inconsistent with any

26  portion of this act, as they may deem necessary or convenient

27  in and about the transaction of the business of the board and

28  in carrying out the provisions of this act.

29         Section 18.  For the general purposes of this act, each

30  parcel of improved residential property in said district is

31

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  1  hereby declared to be uniformly and generally benefited by the

  2  provisions hereof.

  3         Section 19.  The district hereby created may be

  4  abolished by a majority vote of the qualified electors in the

  5  district at an election called by the trustees of the district

  6  for such purpose, which election shall be held and notice

  7  thereof given under the same requirements as are set forth

  8  hereunder for the election of trustees and the levying and

  9  collecting of the district tax. However, the district shall

10  not be abolished while it has outstanding indebtedness without

11  first making adequate provisions for the liquidation of such

12  outstanding indebtedness.

13         Section 20.  Trustees not guilty of malfeasance in

14  office shall be relieved of any personal liability for any

15  acts done by them while holding office in the district; any

16  trustee who is made a party to any action, suit, or proceeding

17  solely by reason of his or her holding office in the district

18  shall be indemnified by the district against reasonable

19  expenses, including attorney's fees, incurred by him or her in

20  defending such suit, action, or proceeding, except with

21  respect to matters wherein it shall be adjudged in such

22  proceeding that such trustee is liable for negligence or

23  misconduct in the performance of his or her duties.

24         Section 21.  The word "district" means the special park

25  and recreation district hereby organized; the words "board,"

26  "trustees," and "Board of Trustees" mean the Board of Trustees

27  of and for the special park and recreation district hereby

28  created when used in this act, unless otherwise specified.

29         Section 22.  If any clause, section, or provision of

30  this act shall be declared to be unconstitutional or invalid

31  for any cause or reason, the same shall be eliminated from

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  1  this act, and the remaining portion of said act shall be in

  2  force and effect and be as valid as if such invalid portion

  3  thereof had not been incorporated therein.

  4         Section 23.  All laws or parts of laws in conflict

  5  herewith are, to the extent of such conflict, hereby repealed.

  6         Section 24.  The provisions of this act shall be

  7  liberally construed in order to effectively carry out the

  8  purpose of this act in the interest of the public.

  9         Section 25.  This act is to become a law immediately

10  upon its passage and approval by the Governor or upon its

11  becoming a law without such approval and is to become

12  effective immediately after a special referendum election is

13  held in the territory proposed to be constituted into the

14  Trailer Estates Park and Recreation District wherein the

15  majority of the qualified electors (as herein defined)

16  participating in said special election shall vote in favor of

17  constituting said territory into a park and recreation

18  district. Said referendum election shall be held within not

19  less than 30 nor more than 60 days after presentation to the

20  supervisor of elections for Manatee County of a petition for a

21  special referendum election, signed by at least 50 qualified

22  electors.  Should a majority of the qualified electors

23  participating in said election vote "no" and unfavorable to

24  this act, then this act shall be void.

25         Section 26.  (a)  Notwithstanding any provisions to the

26  contrary (as may now appear in section 8, section 13, or

27  section 15), the trustees of Trailer Estates Park and

28  Recreation District shall not enter into any contract

29  involving the initial purchase, lease, conveyance, or other

30  manner of acquisition of real or tangible personal property

31  constituting recreational facilities, which presently exist

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  1  within the territory included in the Trailer Estates Park and

  2  Recreation District, in any instance when the cost price or

  3  consideration therefor exceeds $25,000 including all

  4  obligations proposed to be assumed in connection with such

  5  acquisition, unless:

  6         (1)  The trustees by two-thirds vote have approved the

  7  terms and conditions of such acquisition by written

  8  resolution;

  9         (2)  Within not less than 30 nor more than 60 days

10  after the date of the resolution, the trustees certify the

11  resolution to the supervisor of elections of Manatee County

12  for a referendum election; and

13         (3)  A majority of qualified electors of the district

14  voting in a referendum election approve the resolution.

15         (b)  The qualifications of voters, notice, and

16  procedure for this referendum shall be the same as set forth

17  herein for the election of trustees and for special referendum

18  elections.

19         Section 4.  Chapters 69-1287, 70-796, 72-612, 73-546,

20  76-420, 76-423, 81-428, 90-447, and 96-442, Laws of Florida,

21  are repealed.

22         Section 5.  In the event of a conflict of the

23  provisions of this act with the provisions of any other act,

24  the provisions of this act shall control to the extent of such

25  conflict.

26         Section 6.  This act shall take effect upon becoming a

27  law.

28

29

30

31

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