§ 2-8-153. Elections; board of supervisors.

(a)

The UPRD shall be governed by a five-member board of supervisors elected by the owners and residents. The initial election of supervisors is scheduled to take place at the Lakeside Room at the University Park Country Club, 7671 The Park Blvd., University Park, FL 34201 on Monday, September 17, 2018 with proxy submissions beginning at 9:00 a.m., and the election to be held at 3:00 p.m. Notice of the initial election and subsequent elections shall be published once a week for two (2) consecutive weeks in a newspaper which is in general circulation in the area of the UPRD, the last day of such publication to be not fewer than fourteen (14) days or more than twenty-eight (28) days before the date of the election. The owners and residents, when assembled, shall organize by electing a chair who shall conduct the election. The chair may be any person present at the meeting. At the initial and second election, each owner or resident shall be entitled to one vote per parcel for each of up to five (5) nominated candidates. Beginning with the third election and at each election thereafter, each resident and each owner shall be entitled to one vote per board seat. Provided however, no owner may vote if there is a resident residing at owner's address within the UPRD unless such owner has received a proxy from such resident. An owner or resident may vote in person or by proxy in writing. Each proxy must be signed by one of the owners or residents of the property for which the vote is cast and must contain the typed or printed name of the individual who signed the proxy and the street address, legal description of the property, or tax parcel identification number. The signature on a proxy need not be notarized.

(b)

At the initial and second elections, the five (5) candidates receiving the most votes shall be elected. Beginning with the third election and at each election thereafter, the candidate receiving the most votes for each seat in any election shall be elected. The term of office for each successful candidate commences upon election. If, during the term of office, a vacancy occurs, the remaining members of the board shall fill the vacancy by an appointment for the remainder of the unexpired term. Supervisors shall hold office for the terms for which they were elected or appointed and until their successors are chosen and qualified. If no resident qualifies for a seat to be filled in an election, a vacancy in that seat shall be declared by the board effective on the second Tuesday following the election. Within ninety (90) days thereafter, the board shall use its best efforts to identify and appoint a resident to fill the vacancy. Until such appointment, the incumbent supervisor in that seat shall remain in office.

(c)

The supervisors elected at the first election shall each serve a one-year term. At the second election, the two (2) candidates receiving the first and second highest vote totals shall serve three-year terms, the two (2) candidates receiving the third and fourth highest vote totals shall serve two-year terms, and the candidate receiving the fifth highest vote total shall serve a one-year term. At all subsequent elections, each supervisor shall be elected to a three-year term. Any tie in the number of votes cast for a supervisor seat shall be resolved by a coin flip.

(d)

To facilitate the board's usage of the supervisor of elections during a general election year, the board shall have the power by adoption of a resolution to shorten or lengthen all terms of office at the same time and change the terms of office to four (4) year staggered terms with three (3) seats being filled in an even-numbered year and two (2) seats being filled in the next even-numbered year.

(e)

Elections shall be nonpartisan.

(f)

The cost of elections for the board shall be borne by the UPRD.

(g)

The board shall use and rely upon the official records maintained by the Manatee County Supervisor of Elections, Property Appraiser and/or Tax Collector in making the determination of whether a person qualifies as an owner or resident entitled to vote in an election of the board.

(h)

Upon entering into office, supervisors shall take and subscribe to the oath of office as prescribed by Section 876.05, Florida Statutes.

(i)

There shall be a limit of three (3) consecutive terms, and a total limit of four (4) terms, for each person elected as a supervisor.

(j)

Supervisors shall serve without compensation.

(k)

As soon as practicable after each election or appointment, the board shall organize by electing one of its members as chair and by electing a secretary, who need not be a supervisor, and such other officers as the board may deem necessary. The board shall designate a person who is a resident of the state as treasurer of the UPRD, who shall have charge of the funds of the UPRD. Such funds shall be disbursed only upon the order, or pursuant to the resolution, of the board by warrant or check countersigned by the treasurer and by such other person as may be authorized by the board.

(l)

The board shall conduct regular meetings and shall periodically solicit the views of residents and owners as to their concerns regarding any aspect of matters within the authority or purview of the board. The board shall be primarily responsible for developing policy and overseeing the implementation of such policy, but in no way does this expression of intent limit the board's powers.

(m)

A majority of the members of the board shall constitute a quorum for the purposes of conducting its business, exercising its powers and for all other purposes. Action taken by the UPRD shall be upon a vote of a majority of the supervisors present and voting unless general law or a rule of the UPRD requires a greater number.

(Ord. No. 18-29 , § 2(a), 8-2-18)