Sec. 122-529. - Governing body; advisory group.
Sec. 122-531. - Advisory committee.
Sec. 122-532. - Budget; annual tax millage.
Sec. 122-533. - Assessment and collection of taxes.
Secs. 122-534—122-555. - Reserved.
All that land located in the county and specifically described as:
The south half of the south half of Section 29, south half of the southeast quarter of Section 30, the northeast quarter of Section 31; all of Section 32; all of Section 33; the southwest quarter of Section 34; and the south half of the southwest quarter of Section 28; all in Township 46 South, Range 29 East;
The southeast quarter of Section 3, the west half of Section 3; all of Section 4; the northwest quarter of Section 5, the east half of Section 9 and the southwest quarter of the northeast quarter of Section 11; all in Township 47 South, Range 29 East;
is hereby created and established as a lighting district known as the Immokalee Lighting District, hereinafter called the "district".
(Ord. No. 71-7, § 1; Ord. No. 72-4, § 1; Ord. No. 77-52, § 3; Ord. No. 92-39, § 2)
This article is enacted pursuant to the authority granted to the Board of County Commissioners under F.S. ch. 125.
(Ord. No. 77-52, § 1)
This article creates the Immokalee Lighting and District as a municipal service taxing or benefit unit pursuant to F.S. §§ 125.01(1)(q) and 125.01(1)(r).
(Ord. No. 77-52, § 2; Ord. No. 92-39, § 1)
Sec. 122-529. - Governing body; advisory group.
The governing body of the district shall be ex officio the Board of County Commissioners. Said board may at its pleasure appoint an advisory group or board to advise it in matters pertaining to the district.
(Ord. No. 71-7, § 2; Ord. No. 77-52, § 4)
State law reference— Board of county commissioners to be governing body of unit, F.S. § 125.01(2).
The district created in this article is formed for the purpose of providing street lighting within the property above described, and to that end shall possess all the powers to do all things reasonably necessary to provide such services, including ownership of property, poles, wires, conduits, lights, meters, and the power to maintain the same and to enter into contracts for providing the same and the electric current to operate any lighting system therein installed.
(Ord. No. 71-7, § 3; Ord. No. 77-52, § 5; Ord. No. 90-19, § 1; Ord. No. 92-39, § 3)
Sec. 122-531. - Advisory committee.
(a)
Created. There is hereby created the Immokalee Lighting District Advisory Committee, hereinafter referred to as the "committee".
(b)
Appointment and composition.
(1)
The committee shall consist of five members which generally represent the population of the area within the Immokalee Lighting District and are interested in the concerns for which the district was created.
(2)
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 of the district.
(3)
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.
(c)
Terms of office. The initial terms of office of the committee shall be as follows:
(1)
Three members shall be appointed for a term of two years.
(2)
Two members shall be appointed for a term of three years.
(3)
Thereafter, each appointment or reappointment shall be for a term of four years.
A member of the committee may be reappointed by the Board of County Commissioners for one successive term, if there are no other qualified applicants for the member's position. Appointments to fill any vacancies on the committee shall be for the remainder of the unexpired term of office.
(d)
Removal from office; failure to attend meetings.
(1)
Any member of the committee may be removed from office by a unanimous vote of the Board of County Commissioners.
(2)
If any member of the committee fails to attend two consecutive committee meetings without a satisfactory excuse or if a member is absent from more than half of the committee's meetings in a given fiscal year, the committee shall declare the member's seat to be vacant and the vacancy shall be filled by the Board of County Commissioners.
(e)
Officers; quorum; rules of procedure.
(1)
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.
(2)
The presence of three or more members shall constitute a quorum of the committee necessary to take action and transact business. In addition, an affirmative vote of three or more members shall be necessary in order to take official action, regardless of whether three or more members of the committee are present at a meeting.
(3)
The committee shall, by majority vote of the entire membership, adopt rules of procedure for the transaction of business and shall keep a record of meetings, resolutions, findings and determinations.
(f)
Reimbursement of expenses. Members of the committee shall serve without compensation, but shall be entitled to receive reimbursement for expenses reasonably incurred in the performance of their duties upon prior approval of the Board of County Commissioners.
(g)
Functions, powers and duties. The functions, powers and duties of the committee shall be as follows:
(1)
To aid and assist the Board of County Commissioners in carrying out the purposes of the Immokalee Lighting District as set forth in this article.
(2)
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 district 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 public works administrator and outline to the administrator those projects which the committee wishes to see accomplished during the next fiscal year. Based upon this information, the administrator shall prepare a proposed budget for the district, 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 public works administrator 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 June 1 of each year, the county administrator shall be authorized to submit a proposed budget to the Board of County Commissioners.
(3)
To adopt and amend guidelines to govern their operation and the operation of the district, subject to approval by the Board of County Commissioners.
(4)
To recommend work programs and priorities to the county public works administrator in accordance with the adopted budget or budget amendments which may be adopted by the Board of County Commissioners in accordance with law. The execution of work programs shall be under the direct supervision and responsibility of the public works administrator or his designee. Said work may be performed under contract (in accordance with law) or by county forces.
(h)
Duties of public works administrator. The duties of the public works administrator shall be:
(1)
To administer the activities of the district in accordance with established policies of the Board of County Commissioners and guidelines adopted by the committee.
(2)
To prepare the annual budget in accordance with subsection (g)(2) of this section.
(3)
To provide periodic written reports to the committee, the county manager and the Board of County Commissioners on the activities of the district and its finances in accordance with established guidelines of the Board of County Commissioners on the committee.
(Ord. No. 86-65, § 8)
Cross reference— Boards, commissions, committees and authorities, § 2-816 et seq.
Sec. 122-532. - Budget; annual tax millage.
For the purpose of carrying into effect this article the Board of County Commissioners shall annually, at the time required by general budgetary law, make an itemized estimate of the amount of money required to carry out the business of the district for the next fiscal year, which shall be from October 1 to and including September 30, following. The estimate shall have for what purpose the moneys are required and the amount necessary to be raised by taxation a millage sufficient to meet the requirements of the estimate; provided, however, the total millage shall not exceed one mill.
(Ord. No. 71-7, § 4; Ord. No. 77-52, § 6)
Sec. 122-533. - Assessment and collection of taxes.
Taxes herein provided for shall be assessed and collected in the same manner and form as provided for the assessment and collection of general county taxes and subject to the same fees for assessing and collecting as general county taxes.
(Ord. No. 71-7, § 5; Ord. No. 77-52, § 7)