§ 9. Transition schedule.
(1)
Referendum. The referendum election called for by this act shall be held on November 4, 1997, at which time the following question shall be placed upon the ballot:
INCORPORATION OF THE VILLAGE OF ISLAMORADA
"Shall Chapter ____________ , Laws of Florida, creating the Islamorada, Village of Islands and providing its Charter be approved?"
□ Yes □ No In the event this question is answered affirmatively by a majority of voters voting in the referendum, the provisions of this charter will take effect as provided in section 14[13].
(2)
Initial election of councilmembers.
(a)
Dates. Following the adoption of this charter in accordance with subsection (1), the Monroe County Commission shall call a special election for the election of the five village councilmembers to be held on March 12, 1998. In the event no candidate for an office receives a majority of the votes cast for said office, then a runoff election shall be held on March 26, 1998.
(b)
Qualifying period. Between noon on January 30, 1998, and noon on February 13, 1998, any individual who wishes to run for one of the five initial seats on the council shall qualify as a candidate with the Monroe County Supervisor of Elections in accordance with the provisions of this charter and general law.
(c)
Certificate of election results. For the initial election, the Monroe County Commission shall appoint a canvassing board which shall certify the results of the election.
(d)
Induction into office. Those candidates who are elected on March 12, 1998, and March 26, 1998, shall take office at the initial village council meeting, which shall be held at 7:00 p.m., on March 28, 1998, at the Islamorada Public Library.
(e)
Initial terms of office. In order to provide for staggering terms of office, the initial term of office for those three council candidates receiving the highest number of votes in the initial election shall be four years, and for the remaining elected candidates two years.
(3)
Creation and establishment of village. For the purpose of compliance with F.S. § 200.066, relating to assessment and collection of ad valorem taxes, the village is hereby created and established effective December 31, 1997, notwithstanding anything to the contrary contained herein, the village although crated and established as of December 31, 1997, shall not be operational until March 26, 1998.
(4)
First year expenses. The village council, in order to provide moneys for the expenses and support of the village, shall have the power to borrow money necessary for the operation of village government until such time as a budget is adopted and revenues are raised in accordance with the provisions of this charter.
(5)
Transitional ordinances and resolutions. The village council shall adopt ordinances and resolutions required to effect the transition. Ordinances adopted within 60 days after the first council meeting may be passed as emergency ordinances. These transitional ordinances, passed as emergency ordinances, shall be effective for no longer than 90 days after adoption, and thereafter may be readopted, renewed, or otherwise continued only in the manner normally prescribed for ordinances.
(6)
Transitional comprehensive plan and land development regulations.
(a)
Until such time as the village adopts a comprehensive plan, the applicable provisions of the Comprehensive Plan of Monroe County, as the same exists on the day the village commences corporate existence, shall remain in effect as the village's transitional comprehensive plan. However, all planning functions, duties, and authority shall thereafter be vested in the Village Council of Islamorada which shall be deemed the local planning agency until and unless the council establishes a separate local planning agency. Prior to the adoption of a village comprehensive master plan, any amendment to any zoning as established in the current county land use plan shall only be by an ordinance adopted by the affirmative vote of not less than four members of the council. Any increase in the residential density or intensity, as established in the current county land use plan which is adopted by the village shall only be by an ordinance adopted by the affirmative vote of not less than four members of the council.
(b)
All powers and duties of the planning commission, zoning authority, any boards of adjustment, and the County Commission of Monroe County, as set forth in these transitional zoning and land use regulations, shall be vested in the Village Council of Islamorada until such time as the village council delegates all or a portion thereof to another entity.
(c)
Subsequent to the commencement of the village's corporate existence, no amendment of the comprehensive plan or land development regulations enacted by the Monroe County Commission shall be deemed as an amendment of the village's transitional comprehensive plan or land development regulations or otherwise take effect within the village's corporate limits unless approved by the village council.
(7)
State shared revenues. Islamorada, Village of Islands shall be entitled to participate in all shared revenue programs of the State of Florida effective immediately on the date of incorporation. The provisions of F.S. § 218.23(1), shall be waived for the purpose of eligibility to receive revenue sharing funds from the date of incorporation through the state fiscal year 1997-1998. F.S. § 218.26(3), shall be waived for the 1997-1998 state fiscal year and the apportionment factors for the municipalities and counties shall be recalculated pursuant to F.S. § 218.245. Initial population estimates for calculating eligibility for shared revenues shall be determined by the University of Florida Bureau of Economic and Business Research. Should the bureau be unable to provide an appropriate population estimate, the Monroe County Planning Division estimate should be utilized.
(8)
Gas tax revenues. Notwithstanding the requirements of F.S. § 336.025, to the contrary, Islamorada, Village of Islands shall be entitled to receive local option gas tax revenues beginning October 1, 1998.