Loading...
HomeMy WebLinkAboutItem R13 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: Feb.17. 2010 (KL) Division: Bulk Item: Yes No~ Department: County Attorney Staff Contact Person/phone #: Suzanne Hutton X3473 AGENDA ITEM WORDING: Approval to advertise a public hearing for an ordinance creating the Key Largo Special Recreational District. ITEM BACKGROUND: A group of citizens known as the Key Largo Recreation Committee has been working on the creation of a special recreation district since late 2008. In December 2009, they requested Mayor Murphy to take such steps necessary for the BOCC to address the adoption of an ordinance subject to referendum in order for such a district to be formed. Their request is in the back- up. PREVIOUS RELEVANT BOCC ACTION: None CONTRACT/AGREEMENT CHANGES: STAFF RECOMMENDATIONS: No recommendation as to whether or not the recreation district should be created. However, if the ordinance is approved, it is recommended that it be changed to be a dependent district with the Board of Supervisors being composed of the County Commission. The explanation for this recommendation is in the County Attorney memo of 2-2-10, included in the back- up. ----- J) . If, l/iJecll3~+ I.eJI ,J-hc,i'I 1IIt~CfllO TOTAL COST: 10 e 0 INDIRECT COST: BUDGETED: Yes _NO/ DIFFERENTIAL OF LOCAL PREFERENCE: COST TO COUNTY: SOURCE OF FUNDS: REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year APPROVED BY: County Atty ~MB/PurChaSing _ Risk Management_ DOCUMENTATION: Included Not Required_ DISPOSITION: AGENDA ITEM # Revised 7/09 Mayor Murphy ORDINANCE NO. - 2010 AN ORDINANCE AMENDING MONROE COUNTY CODE CHAPTER 22, ARTICLE VII, PROVIDING FOR CREATION OF AN INDEPENDENT SPECIAL RECREATIONAL DISTRICT; PROVIDING FOR AN ELECTED BOARD OF SUPERVISORS; PROVIDING FOR POWERS OF DISTRICT; PROVIDING FOR AUTHORITY TO LEVY AD VALOREM TAX AND ISSUE BONDS; PROVIDING FOR A REFERENDUM QUESTION TO BE PLACED ON THE BALLOT; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE OF ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, a group of citizens calling themselves the Key Largo Recreation Committee have signed, in person or by proxy, a letter to Mayor Murphy requesting the creation of a recreation district under Section 418.20, F.S., et.seq.; and WHEREAS, the request sets forth certain provisions which the committee has requested be incorporated into the ordinance; and - WHEREAS, language in Chapters 418 & 189, Florida Statutes require that some of those requested provisions be modified to conform to state law; and WHEREAS, the Board of County Commissioners has determined that it is the interest of the residents of Key Largo to enact an ordinance which will become effective only if approved by referendum of the registered voters in the affected area; NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: SECTION 1. Chapter 22, Article VII, Section 22-130, et.seq., Monroe County Code, is hereby created to read: 22~ 130. Purposes. This ordinance shall be known as the Key Largo Special Recreational District Ordinance. and shall serve as the charter of the district. The primary purpose of the District shall be to provide the citizens and residents of the area included in the District with publicly -owned and -operated recreational venues. Prohibit Commission or other Compo 1 Mayor Murphy 22~131. Definitions. For purposes of this Article, the following definitions shall apply: Board of Supervisors shall mean a seven-member board of supervisors which governs and administers the business and affairs of the district, Charter means the ordinance creating the Key Largo Special Recreational District Ordinance, as it shall from time to time be amended by ordinance subject to referendum. District means the Key Largo Special Recreational District Ordinance, the special park and recreation district established hereunder. Land authority means the Key Largo Special Recreational District Supervisor means one of the members of the Board of Supervisors. 22~132. Kev Lanw Recreational District - Created. There is hereby created. pursuant to Sections 418.20-418.26. Florida Statutes. and in conformity with Chapter 189. Florida Statutes, an independent special district which shall be named the Key Largo Recreational District. subject to a referendum vote of the electors within the district. which shall have the territory within the unincorporated area of Monroe County that includes all of Cross Key south of the Miami-Dade/Monroe County line. and all of Key Largo south of the intersection of the right-of-way County roads 905 and 905A. to Tavernier Creek. 22~133. Same~ Governing Bodv. Pursuant to chapter 418. Florida Statutes. the business and affairs of the district shall be governed and administered by a seven-member board of supervisors elected from among the residents of the district. (a) Initial Election - The seven members of the initial board shall be elected on a Tuesday not less than 30 nor more than 60 days after the date this ordinance is approved by referendum. in an election conducted and supervised by the Supervisor of Elections of Monroe County. Persons desiring to have their name on the ballot for election to the Board of Supervisors shall be qualified electors and freeholders within the district and shall present a petition to the Supervisor of Elections of Monroe County on August 25. 2010. between 8:30 AM and 5:00 PM, which petition shall be signed by the applicant and not less than 25 persons qualified to vote in said election in the district. In lieu of the petition being signed by 25 persons. the applicant may submit a $25 qualifying fee. The terms shall be staggered such that those four candidates who receive the highest number of votes in the initial election shall serve four-year terms. The remaining three candidates who are elected to the Board shall serve two-year terms. The succeeding terms for those three seats shall be four-year terms after the initial two-year terms are served. (b) All Elections - Prohibit Commission or other Camp. 2 Mayor Murphy (1) All persons desiring to be placed on an election ballot for the Board of Supervisors shall submit to the Supervisor of Elections of Monroe County a $25 qualifying fee (2) Notice of the election setting forth the names of persons proposed to be on the Board of Supervisors shall be given by the Supervisor of Elections in writing to each resident within the district not less than 15 days before the date of each election, and shall also be published one time at least ten days prior to such election. in a newspaper of general circulation in the district. Notwithstanding the provisions of F.S, 101.20, the publication of a sample ballot is not required. (3) Each property owner or resident in the district has the right to vote in the election. (c) Members of the board of supervisors shall serve without compensation. @ In the event an elected supervisor cannot complete. his or her term of office. a replacement may be appointed by the remaining Board of Supervisors until the next regularly scheduled election of supervisors. 22-134. Same - Powers of. The Key Largo Recreational District shall have the following powers: (a) To sue and be sued and to have a corporate seal. (b) To contract and be contracted with. ec) To acquire. purchase. construct. improve. and equip recreational facilities of all types, including real and personal property, within the boundaries of the district: such acquisition may be by purchase. lease, gift. or exercise of the power of eminent domain. (d) To issue bonds. secured by ad valorem taxes or by pledge of both such taxes and other revenues of the district. if approved at a referendum held in such district. and to levy and collect ad valorem taxes. not to exceed .25 mills. on all real property subject to taxation within such district in order to pay the principal of and interest on such bonds as the same respectively fall due or to accumulate a sinking fund for the payment of principal and interest. The referendum required by this section may be held on the same day as any other referendum related to the district: provided that such bonds shall bear interest at a rate pursuant to Section 215.84, Florida Statutes. and be sold at public sale. In the event an offer of an issue of bonds at public sale produces no bid. or in the event all bids received are rejected, the district is authorized to negotiate for the sale of such bonds under such rates and terms as are acceptable: provided that no such bonds shall be sold or delivered on terms less favorable than the terms contained in any bids rejected at the public sale thereof or the terms contained in the notice of public sale if no bids were received at such public sale. Prohibit Commission or other Compo 3 Mayor Murphy (e) To operate and maintain recreational facilities or to enter into arrangements with others for such operation and maintenance pursuant to contract. lease. or otherwise. (1) To establish. charge. and collect fees for admission to or use of recreational facilities and to apply such fees to the operation. maintenance. improvement. enlargement. or acquisition of recreational facilities or to the payment of bonds or revenue bonds of the district. (g) To issue revenue bonds payable solely from the revenues to be derived from recreational facilities owned or operated by such district if approved at a referendum held in such district~ provided that such bonds shall bear interest at a rate pursuant to Section 215.84. Florida Statutes. and be sold at public sale. In the event an offer of an issue of bonds at public sale produces no bid. or in the event all bids received are rejected. the district is authorized to negotiate for the sale of such bonds under such rates and terms as are acceptable~ provided that no such bonds shall be so sold or delivered on terms less favorable than the terms contained in any bids rejected at the public sale thereof or the terms contained in the notice of public sale if no bids were received at such public sale. (h) To adopt and enforce rules for the use of the recreational facilities owned or operated by the district. (i) To employ all personnel deemed necessary for the operation and maintenance of the facilities of the district. 0) To invest any funds held by the land authority not required for immediate disbursement in such investments as may be authorized for trust funds under'F.S, ~ 215.47 and in any investment made on behalf of the land authority by the state board of administration or by another trustee appointed for the purpose. (k) To contract for and to accept in any form whatsoever gifts. grants. loans or other aid and assistance from the United States government. the state. the county. or any other person. association or corporation. (1) To ensure and procure insurance against any loss in connection with any action of the land authority. including the issuance of bonds and to pay premiums therefore. (m) To employ personnel. including an executive director. as are necessary and convenient to carry out the purposes of this article and the land authority. (n) To engage the services of private consultants on a contract basis as is necessary and convenient to carry out the purposes of this article: 2-135. Same - Limitations on power. Any changes to this charter shall be made by the Board of County Commissioners of Monroe County and approved by the electors in the district. and may include limitations on power granted by the charter but shall not result in impairing the ability of the district to carry out any contract made by the district prior to the adoption of such restriction. Prohibit Commission or other Compo 4 Mayor Murphy 22-136 Same-- Meetin2s. (a) Meetings. A meeting of the board of supervisors of the district shall be held upon the call of the chair or at the request of three members of the board of supervisors. All meetings shall be open to the public. and notice of meetings of the authority shall be given as required by Ch. 289. Florida Statutes. At least one meeting shall be held quarterly. (b) Quorum and voting. A majority of the governing body of the board of supervisors shall constitute a quorum; provided. however, that no action shall be taken by an affirmative vote of less than a majority of the total membership of the governing body. (c) Expenses. Members of the board of supervisors shall receive no compensation for services. but shall be entitled to necessary expenses. including per diem and travel expenses incurred in the discharge of official duties, as provided by law. Cd) Attendance. Only members physically present at a meeting may be counted for purposes of establishing a quorum. 22-137 Same--Title to and Disposal ofPropertv. (a) All real property acquired by the Key Largo Recreational District shall be titled in the name of the District. (b) A referendum of the electors in the district shall be required to approve the sale or trade of any real property owned by the District. (c) In the event the District is dissolved, title to all property owned by the District which is within the boundaries of an incorporated municipality shall be transferred to that municipality; and title to all property owned by the District which is within the unincorporated county shall be transferred to Monroe County. (d) The Key Largo Recreational District shall be dissolved only by a referendum vote of a majority of the electors in the District or by act of the State. SECTION 2. SEVERABILITY. Should any provision of this Ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of this Ordinance as whole, or any part thereof, other than the part declared to be invalid. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property or circumstances, such holding shall not affect its applicability to any other person, property or circumstances. SECTION 3. CONFLICT WITH OTHER ORDINANCES. All ordinances or parts of ordinances in conflict with this Ordinance are hereby repealed to the extent of said conflict. SECTION 4. INCLUSION IN THE CODE OF ORDINANCES. The provisions of this Ordinance shall be included and incorporated in the Code of Ordinances of the County of Monroe, Florida, as an addition or amendment thereto, and shall be appropriately renumbered to conform to the uniform numbering system of the code. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect on August 24, 2010, provided that this Ordinance shall be filed with the Department of State as provided in section 125.66(2), Florida Statutes, and that it is approved by referendum of voters in the district. Prohibit Commission or other Camp. 5 Mayor Murphy PASSED AND ADOPTED by the Board of County Commissioners of MOlioe County, Florida, at a regular meeting of said Board held on the _th day of ,2010. Mayor Sylvia Murphy Mayor Pro Tern Heather Carruthers Commissioner Mario DiGennaro Commissioner George Neugent Commissioner Kim Wigington (SEAL) Attest: DANNY L. KOLHAGE, Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By Deputy Clerk By Mayor/Chairperson MOj'JROE COUNTY ATTO WROVED AS T Prohibit Commission or other Compo 6 Suzanne A. Hutton, County Attorney** Robert B. Shillinger, Chief Assistant County Attorney ** Pedro J. Mercado, Assistant County Attorney ** Susan M. Grimsley, Assistant County Attorney ** NatiJeene W. Cassel, Assistant County Attorney Cynthia L. Hall, Assistant County Attorney Christine Limbert-Barrows, Assistant County Attorney Derek V. Howard, Assistant County Attorney Lisa Granger, Assistant County Attorney (~.~~ BOARD OF COUNTY O~~Y~O~~~E- (305) 294-4641 Mayor Sylvia J. Murphy, District 5 Mayor Pro Tem Heather Carruthers, District 3 Kim Wigington, District 1 George Neugent, District 2 Mario Di Gennaro, District 4 * Office of the County Attorney 111112'h Street, Suite 408 Key West, FL 33040 (305) 292-3470 - Phone (305) 292-3516 - Fax ** Board Certified in City, County & Local GOVI. Law February 2, 2010 TO: County Commissioners County Administrator Suzanne Hutton ~ County Attorney FROM: RE: Key Largo Special Recreational District Ordinance _ The back-up includes the state statutes regarding the special recreational district which has been requested to be formed. The recommendation of staff is contrary to the desires of the Key Largo Recreation Committee, whose request is also included in the back-up, and was reached only after research by, and discussion between, the County Attorney and the Supervisor of Elections. The state statute says that the ordinance must provide that "each property owner or resident in the district has the right to vote in the election," Sec. 418.21(2)(a), F.S. Section 418,20, F.S., states the referendum to approve the creation of the district has to be approved by a vote of the electors in the district. Since that statute requires the vote to be by registered voters, and the subsequent section states property owners or residents, it is clear that some class of people other than registered voters must be empowered to vote on the board of supervisors. The ordinance as drafted uses the exact language of the statute, to wit: "each property owner or resident." Arguably, it could use either property owners or residents, but if so, the statute should specify either/or. The debate as to who votes has been visited by approximately 10 other jurisdictions. Six of the twenty-two special recreation districts are dependent. Other than the independent districts which have been created solely by ordinance and referendum for mobile home park recreation districts under a subsequent set of statutes, it appears that all independent special recreation districts have been created by special acts of the state legislature. The Supervisor of Elections in Sarasota County cited the difficulty in ascertaining who could vote as the reason they went to the legislature. A special election will cost the taxpayers of the entire County, not just the District, thousands of dollars. At this point, I do not have an estimate for a special election just in the district boundaries, but the estimate last year for a county-wide special election was $160,000. Even if the special election can be processed for 115 that amount, the $25 qualifying fees are not even a drop in the bucket compared to the costs of the elections of the board of supervisors for as long as the district exists. Whether election is by a property owner or freeholder or by residents, either category does not correspond to the registered voters. There will be persons not qualified to vote in the general election who could vote for the board of supervisors. The logistics of operating the polls would require that the election of board of supervisors be kept separate from general elections. Due to the difficulties and costs of elections required for an independent board of supervisors, it is recommended that if an ordinance is passed to create a special recreation district, that it be a dependent district with the county commission sitting as the board of supervisors. Key largo Recreation Committee Dec. 11, 2009 The Honorable Sylvia Murphy Mayor of Monroe County Dear Mayor Murphy: Section 418.20, Florida Statutes, authorizes each county to create one or more recreation districts comprising the whole or any part of the unincorporated areas by ordinance, approved by a vote of the electors in the district with the ordinance, as it may be amended by the Bacc and approved by a vote of the electors in the district, which shall constitute the charter of the recreation district. We, the undersigned, hereby request that the Monroe Board of County Commissioners pass an ordinance, subject to referendum,. to create a Key Largo Recreation District that would accomplish the following, 1. The Key Largo Recreation District (hereafter referred to as the KLRD), an independent district, would geographically cover the unincorporated area of Monroe County from the Tavernier Creek Bridge on the south to the Monroe/Dade County line on the north, with the exclusion of Ocean Reef Club and the Anglers Club. 2. The purpose of the district would be to provide its citizens arfd visitors with publicly-owned and -operated recreational venues. 3. The Board of Supervisors would be composed of seven elected members who reside within the district boundaries, who pay a $25 qualifying fee to the Supervisor of Elections and qualify during the county's normal qualification period. The terms of office shall be four years and staggered as follows: In the initial election, the four candidates receiving the highest vote will receive four-year terms_ The remaining three candidates will receive two-year terms. Thereafter all elected candidates will receive four-year terms. Supervisors shall be elected district-wide. In the event any elected supervisor cannot complete their term of office, a replacement may be appointed by the remaining Board of Supervisors to serve until the next regular election. (a) The voting for the approval of this ordinance shall be by a majority of the registered voters residing within the district boundaries and shall also Include approval for an ad valorem tax, not to exceed .25 mills per $100,000 for a period of 20 years, to be placed on the primary election ballot of August 2010. (b) The voting for the election of thelBoard of Supervisors shall be held among all registered voters within the district boundaries and shall be placed on the ballot of the General Election November 2010. (c) Members of the Board of Supervisors shall serve without compensation. 4, The charter of the Key Largo Recreation District created by this ordinance should include those powers that may be deemed necessary or useful, including the following: (a) To sue and be sued and to have a corporate seal. (b) To contract and be contracted with. (c) To acquire{ purchasel construct{ improve, and equip recreational facilitIes of all types, including real and personal property, within the boundaries of the district; such acquisition may be by purchase, lease or gift; whether the recreational facilities shall be available exclusively for district residents and property owners, or there should be restrictions on access to recreational facilities by nonresidents by rules adopted by the governing body of the district apply and whether the recreation district shall be available exclusively for the district residents. The recreation district may construct and maintain security buildings and other structures needed to regulate access to, and provide security for, the recreational facilities. (d) To issue bonds, secured by ad valorem taxes or by pledge of both such taxes and other revenues of the district, if approved at a referendum held in such district, and to levy and collect ad valorem taxes{ without limitation or with such limitation as may be Imposed by charter, on all real property subject to district taxation within such district in order to pay the principal of and interest on such bonds as the same respectively fall due or to accumulate a sinking fund for the payment of prinCipal and interest. The referendum required by this section may be held on the same day as any other referendum related,to the district; provided that such bonds shall bear interest at a rate pursuant to s. 215.84 and be sold at public sale. In the event an offer of an issue of bonds at public sale produces no bid, or in the event all bids received are rejected, the district is authorized to negotiate for the sale of such bonds under such rates and terms as are acceptable; provided that no such bonds shall be sold or delivered on terms less favorable than the terms contained in any bids rejected at the public sale thereof or the terms contained in the notice of public sale if no bids were received at such public sale.. (e) To operate and maintain recreational facilities or to enter into arrangements with others for such operation and maintenance pursuant to contract, lease, or otherwise. (f) To establish, charge, and collect fees for admission to or use of recreational facilities and to apply such fees to the operation, maintenance] improvement, enlargementl or acquisition of recreational facilities or to the payment of bonds or revenue bonds of the district. (g) To issue revenue bonds payable solely from the revenues to be derived from recreational facilities owned or operated by such district if approved at a referendum held In such district; provIded that such bonds shall bear interest at a rate pursuant to s. 215.84 and be sold at public sale. In the event an offer of an issue of bonds at public sale produces no bid, or in the event all bids received are rejected{ the district is authorized to negotiate for the sale of such bonds under such rates and terms as are acceptable; provided that no such bonds shall be so sold or delivered on terms less favorable than the terms contained in any bids rejected at the public sale thereof or the terms contained in the notice of public sale if no bids were received at such public sale. (h) To adopt and enforce rules for the use of the recreational facilities owned or operated by the district. (I) To employ all personnel deemed necessary for the operation and maintenance of the facilities of the district. S. Any venues obtained by the KLRD shall be titled in the name of the KLRD. A referendum of the registered voters of the district shall be required to approve the sale or trade of any venue owned by the KLRD. If the KLRD becomes defunct for any reason, all venues would become the property of the municipality within the boundaries of the district. Any facility outside the municipal boundaries would become property of Monroe County. 6. Dissolution of the KLRD shall take place only by referendum vote of a majority of the voters of the district. ~ Jer~~ J 418.20 Creation of recreation districts authorized.--Each municipality and county in the state is authorized to create one or more recreation districts comprising the whole of or any part of the territory of said municipality and by counties only in the unincorporated areas of each county. Each such district shall be established by ordinance approved by a vote of the electors in the district in accordance with s. 165.041. Such ordinance, as it may from time to time be amended by the governing body of said municipality or county and approved by a vote of the electors in the district, shall constitute the charter of the recreation district, The electors residing in a proposed district may petition the governing body of the city or county to create a recreation district. If a majority of electors has signed the petition, no referendum shall be required to create the district. 418.21 Governing body.-- (1) The governing bOdy of a recreation district shall be determined by ordinance of the municipality or county that created the district and must be either: (a) A five-member or larger board of supervisors elected from among the residents of the district, or (b) The governing body of the municipality or county that created the district. (2)(a) If the governing body is a board of supervisors, the ordinance must specify the date of the election and must provide that each property owner or resident in the district has the right to vote in the election. The ordinance may also provide for the staggering of terms of the supervisors. The ordinance may also provide for the establishment of designated geographic areas within the district from each of which are elected one or more members of the board of supervisors to represent that area, provided the ordinance is made contingent on approval by a majority vote of the electors in each designated area. (b) Members of the board of supervisors shall serve without compensation, (3) If the governing body is the governing body of the municipality or county that created the district, that body may appoint a district advisory board to advise it on all matters relating to the district. Members of the advisory board shall serve without compensation. 418.22 Powers of recreation districts.--The charter of a recreation district may grant to the recreation district the following powers and all further or additional powers as the governing body of the municipality or county establishing the district may deem necessary or useful in order to exercise the powers for which provision is hereinafter made, The powers which may be granted by such charter include the following: (1) To sue and be sued and to have a corporate seal. (2) To contract and be contracted with, (3) To acquire, purchase, construct, improve, and equip recreational facilities of all types, including real and personal property, within the boundaries of the district; such acquisition may be by purchase, lease, gift, or exercise of the power of eminent domain. If the governing body of the municipality or county that created the recreation district for exclusive use by a condominium established under chapter 718 or a cooperative established under chapter 719 makes the finding described in s. 418.24(4), the governing body of the district may make the recreational facilities available exclusively for district residents and property owners, and may restrict any access to recreational facilities by nonresidents by rules adopted by the governing body of the district. Prior to any vote of the electors in the district adopting or amending a charter pursuant to s. 418.20, the governing body shall decide whether the criteria in s. 418.24(4) apply and whether the recreation district shall be available exclusively for the district residents. The recreation district may construct and maintain security buildings and other structures needed to regulate access to, and provide security for, the recreational facilities, (4) To issue bonds, secured by ad valorem taxes or by pledge of both such taxes and other revenues of the district, if approved at a referendum held in such district, and to levy and collect ad valorem taxes, without limitation or with such limitation as may be imposed by charter, on all real property subject to city taxation within such district in order to pay the principal of and interest on such bonds as the same respectively fall due or to accumulate a sinking fund for the payment of principal and interest. The referendum required by this section may be held on the same day as any other referendum related to the district; provided that such bonds shall bear interest at a rate pursuant to s, 215.84 and be sold at public sale. In the event an offer of an issue of bonds at public sale produces no bid, or in the event all bids received are rejected, the district is authorized to negotiate for the sale of such bonds under such rates and terms as are acceptable; provided that no such bonds shall be sold or delivered on terms less favorable than the terms contained in any bids rejected at the public sale thereof or the terms contained in the notice of public sale if no bids were received at such public sale. (5) To operate and maintain recreational facilities or to enter into arrangements with others for such operation and maintenance pursuant to contract, lease, or otherwise. (6) To establish, charge, and collect fees for admission to or use of recreational facilities and to apply such fees to the operation, maintenance, improvement, enlargement, or acquisition of recreational facilities or to the payment of bonds or revenue bonds of the district, (7) To issue revenue bonds payable solely from the revenues to be derived from recreational facilities owned or operated by such district if approved at a referendum held in such district; provided that such bonds shall bear interest at a rate pursuant to s. 215.84 and be sold at public sale, In the event an offer of an issue of bonds at public sale produces no bid, or in the event all bids received are rejected, the district is authorized to negotiate for the sale of such bonds under such rates and terms as are acceptable; provided that no such bonds shall be so sold or delivered on terms less favorable than the terms contained in any bids rejected at the public sale thereof or the terms contained in the notice of public sale if no bids were received at such public sale. (8) To adopt and enforce rules for the use of the recreational facilities owned or operated by the district. (9) To employ all personnel deemed necessary for the operation and maintenance of the facilities of the district. 418.23 Limitation on power of districts.--The charter of any recreation district may contain such limitations and restrictions on any of the powers named in s. 418.22 as the governing body of the municipality or county may from time to time determine, but no such restriction shall result in impairing the ability of a district to carry out any contract made by such district prior to the adoption of such restriction. 418.24 Filing of ordinance.--Any ordinance creating or amending the charter of a recreation district, upon being finally adopted, shall be filed in the minutes of the governing body of the municipality or county, and certified copies thereof shall be filed with the county clerk of the county in which said district is located and with the property appraiser of said county. The charter of a recreation district may contain findings by the governing body of the municipality or county: (1) That the creation of such district is the best alternative available for delivering recreational service. (2) That such district is amenable to separate special district government. (3) That all of the territory in the district will be benefited ,by proposed improvements to be made by said district. (4) That, for recreation districts created for exclusive use by a condominium established pursuant to chapter 718 or a cooperative established under chapter 719, based upon the number of residents, potential for proliferation of crime, automobile traffic flow, district development, availability of other recreational facilities outside the district, excessive noise levels, or other factors applicable to the particular district, a valid and paramount public purpose will be served by making the recreational facilities available exclusively for district residents and property owners. If such charter contains anyone or more such findings, each such finding may be reviewed by a court only as part of any review of the ordinance making such finding. 418.25 Actions by aggrieved parties.--Any person feeling aggrieved by the adoption of an ordinance granting or amending the charter of a recreation district may bring, within the period hereinafter prescribed, an appropriate action in the circuit court of the state for that county in which the municipality is located for declaratory or injunctive relief on the grounds that the adoption of said ordinance or any part thereof was arbitrary, capricious, confiscatory, or violative of constitutional guarantees. Such action may be brought at any time during a period beginning immediately upon the adoption of said ordinance and ending no later than the earlier to occur of: (1) One year from the date of adoption of said ordinance~ or (2) The date of judicial validation of the first bonds, tax bonds, or revenue bonds of said district to be authorized and validated after the adoption of the ordinance under chapter 75. After the expiration of said period, no one shall have any right or cause of action to challenge such ordinance or the existence of any recreation district created thereby, whether such challenge be brought under this law or under any other law. 418.26 Assessment records.--The assessment records for the municipality or county in which a recreation district is located shall be the official assessment records for any recreation district created pursuant to this act. The official charged with keeping said assessment records shall, at the request of the governing body of any recreation district, provide an assessment roll for any such district showing the assessed valuation of taxable property in said district. Unless otherwise provided by the charter of a recreation district, the official who collects taxes in the municipality or county shall be the tax collector of said district. Taxes of any such district shall be payable at the same time as, and shall be secured by a lien on taxable property the same as, municipal or county taxes. Enforcement of any such tax lien shall be in the same manner and by the same officials as enforcement of liens for municipal or county taxes. FS 189.4031 provides that even though there may be other statutes specifically setting forth rules for creation, dissolution, Ch. 189 still has to be adhered to.