Town & District Merger. The Basics It’s a Long Complicated Process District Services Will Continue...

TOWN OF LOXAHATCHEE GROVES

Town & DistrictMerger

Prepared by Friends of Loxahatchee Groves

The Basics

• It’s a Long Complicated Process • District Services Will Continue to be Needed• Dependent District vs. Contracted• Independent District Must be Dissolved

Steps Needed

1. Decide2. Define 3. Set a Completion Date4. Write a Local Bill5. Florida Legislature6. Governor Signs7. Town Ordinance Creates Dependent District


Decide

• The first step in the merger process is to make the decision to proceed.•Will the District become a dependent district or will its services be contracted? • Requires a unanimous decision by the District board of directors.• Should include a likewise unanimous decision by the Town Council.


HB 107 & SB 192

• If passed, allows the Town to override a no vote by the District and force the dissolution process by ordinance. • Still requires State Legislature action• Approval by the voters. • By our Charter, if the Town Council will not approve a dissolution ordinance, it can be forced by a residents initiative.


Define

WhatServices, properties, liabilities, and other obligations are associated with the District. This must be a complete list - everything must be defined and detailed. This includes taxes (assessments) and any special taxing districts.

WhoWho and how each “what” will be handled must be defined.

WhenDefine when the transfer of each item will be completed. A completion date is needed prior to writing a local bill.


What Dependent ContractedReal estate Deed to Town

Office Space Same as NowClose Town office & move it to current district location

Administrator District Administrator/Engineer Provided by contractor

Drainage Services District ContractedRoad Maintenance District ContractedEquipment District Disposed ofPersonnel Retained Terminated

BoundariesThe Town boundaries may need to expand to contain areas outside of the current bounds or those properties may be need to be disposed of or become "possessions".

Assets Transferred to TownContracts Transferred to Town

Liabilities Transferred to TownTaxes/Assessments Assessments collected by town

Financing Town pays district Town pays contract companies


Local Bill

After the decision to merge has been made, the items needed to be transferred have been defined, and a completion date has been set, a new local bill will be needed that defines the dissolution, how and where the existing functions will be transferred (merged), and the effective date.


Dependent District Ordinance

• A status statement referencing the special district’s dependent status.• Recommendation: Include a brief statement explaining why the special district is dependent as set forth in Section 189.403(2), Florida Statutes.• Its purpose, powers, functions, and duties.• Its geographic boundary limitations.• Its authority.• A statement explaining why the special district is the best alternative.• The membership, organization, compensation, and administrative duties of the governing board.• The applicable financial disclosure, noticing, and reporting requirements.• The methods for financing the special district.• A declaration that the creation of the special district is consistent with the approved local government comprehensive plans.


Legislative DelegationThe proposed bill then goes to our Legislative Delegation for approval and presentation to the State Legislature. This normally occurs in the fourth quarter (Oct-Dec) each year.

State LegislatureThe bill is then presented to the State Legislature for hearings and approval. This normally occurs in the first quarter (Jan-Mar) of each year.

GovernorOnce approved by the Legislature, the bill must be signed by the Governor. This normally occurs in the second quarter (Apr-Jun) of each year.

Merge CompleteThe dissolution and merger is complete when all District functions have been transferred and any required ordinances have been passed as defined in the bill. This can be any time after the Governor approves but must occur by the date specified in the bill.


Time line

•Local bill must be ready by 4th quarter•If accepted, it will be considered the following year. •If you start today, there is barely enough time to have a bill ready for the 2013 Legislative session. •It will probably take several meetings to determine whether or not to proceed with a merger. •An optimistic date for that decision is second quarter 2012 leaving only about three months (90 days) to understand what is needed. •It is possible to have a bill ready in 2012 but unlikely.•A realistic date for being ready to present a bill to the Legislative Delegation is fourth quarter 2013 for consideration in 2014.


Item Now LGPWD Contract

Attorneys District AttorneyTown Attorney

N/AUnchanged

N/AUnchanged

Supervisors5 LGWCD Directors5 Council Members

Council Appointed if neededUnchanged

N/AUnchanged

Staff

LGWCD AdministratorLGWCD ClerkLGWCD Personnel Town ManagerTown Clerk

LGPWD Civil EngineerUnknownRetainedUnchangedUnchanged

By ContractBy ContractTerminatedUnchangedUnchanged

Voting

1 Supervisor by Qualified Electors 4 Supervisors by one acre-one vote Referendum by one acre-one vote 5 Council by popular vote Referendum by popular vote

N/AN/AN/AUnchangedUnchanged

N/AN/AN/AUnchangedUnchanged

TaxesDistrict drainage assessmentDistrict special taxing districts Municipal taxes

Levied by TownLevied by TownUnchanged

Levied by TownLevied by TownUnchanged

PermitsDistrict drainage permitsDistrict hauling permitsMunicipal permits

Issued by TownIssued by TownUnchanged

Issued by TownIssued by TownUnchanged

Services

District road gradingDistrict water managementDistrict road improvementsPublic road improvements

LGPWD road gradingLGPWD water managementManaged by TownManaged by Town

ContractedContractedManaged by TownManaged by Town

New Service

District must pass a Legislative bill Town can pass a local ordinance

N/AUnchanged

N/AUnchanged

Membership&Assoc. Fees

District c$4000 Unknown

UnknownUnchanged

N/AUnchanged


Pros• One attorney - not 2• 5 directors - not 10• Office staff may be reduced• "One-stop" permits• Centralized road service & improvements• New services can be easily provided• Lower membership & association fees• Residents have a stronger voting voice - *• Property size does not bias vote & no proxies - *

Cons• It is a long and complicated process• How to handle current & future employees & contractors.• Residents have a stronger voting voice -*• Property size does not bias vote.& no proxies - *

* - These are included as both pros & cons depending on your viewpoint.


Voting Methods

One Acre-One VoteLandowner votes one vote for every acre & fraction over 1/2 they own.Unconstitutional for several reasons for public electionsAllowed for independent districts (basically corporations)

Qualified ElectorMust be a landowner or landowner’s spouseOne voteRegistered voterResident in the DistrictCurrent assessments (taxes) paid

Elector – Public ElectionsOne voteRegistered voterResident in the Town


Friends of Loxahatchee Groves is a registered political action committee in the Town of Loxahatchee Groves with a charter of:

Fair & Ethical Decisions by the Town and District

We are a nonpartisan committee and do not support any specific agenda.

Friends of Loxahatchee Groves PO Box 1541 Loxahatchee Groves, FL 33470-1541Email: [email protected]://www.MyLoxGroves.net/friends.shtml

mailto:[email protected]

Town & District Merger. The Basics It’s a Long Complicated Process District Services Will Continue...

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