Agenda 10/25/2011 Item #16A 7W
n
10/2512011 Item 15.A.7.
Rewamadation to approve a rt,olatloa aBinB lm a bond refereedu elsor m en be held fm Wa
lledio Road, Earl m Seep Barbara Boulevard m [4 Intenceion a Berlin Bred and Basin
Bonhvud Maaicipai Service Tarring Unit (MSTR an dMalline Blhe gaegRM al>lon raiding in
enah MSTU Wrote oimining a loaR not to aead 5649,01111 in order W fiance certain
I rndevaping and irrigation capital I Pro rob within weh BMU, with a authority date not
longer Wen to ye.rn
OMCTWE, To obtain approval from the Breed a County Commissions, a a nanhdm
calling far a brad refsmdwl election to be held fa the Radio Bond, Bast of Santa Barbara
Boulevard to the Imesectlou of Radio Road and Davis Boulevard Municipal Smice Taxing
Unit (MST[) to detenvme if tie qualified elsiors residing in such MSTU approve obtaining a
Iran rat an excmi $649,000 Payable from M valorem tares already bring levied at a rare not to
earned S mills Per Year against all taxable Property within de MSTU, with a uhrity data not
longer than but yeuns, in oNs an fimnce certain landscaping and irrigation nepital impmvamens
within the MSTU.
CONSIDPRAnONS: On Idy 28, 2009, the Bound of Can* Cmn®seioeers emc[ed
ONinance NO. 2009-04, which esmbiisbed the MSTU. The principal purpose of the MSTU ism
provide landscaping and irrigation fm the auction of Radio Bond bran, Same Barbuna Bodevaed
those has swam Davie landscape TMCmem nddevlhem meethbaryp OC for red mthat stns
hired elandscape relaxer: and developed pretmiany pew fs thebwdficedor of the
Oo Muh 29, 2011, the MSTU Advisory Con,misce held a public meeting fm review of
PreliminarY Minot Piece for lendscaphng & irrigation an Radio Road between Same Barbara
Boulevard unal Dave Boulevard. There ware 41 retidmis who attended aka pubhely advadre!
Machold erpresmting the various mmmuoities within the MSTU bomaduny. The ovewhehrung
comments received during the meeting iodic re l that the commudry wooled an see the project
mmplehd as soon M Possible. Public cmomrnt sure in favor of the MSTU pursuing Bouncing to
advance the conatrrodon in coda so take advundege of lows Pricing
On June 14, 2011, the MSTU Advisory C sand is Chairman petitioned the Board of County
COmm1,dPPae seeking direction for stuff Meatavice in acqumng a loan for the landscape and
Irrigator installation project. The Board directed shelf t0 ass ar the MM in obtaining the
appropriate fivmcirg to advance the Project. In Mom to meet the MSN Comanche's fmmcial
goals and to mmplY with Florida Covatiadoml prwearm regarding the isatmee of debt
Payable from ad valorem PhOPeRY taxes a hand referendum question mum be posh to tie
qualified senators residing within the MSTU m detesmhre whetlra tleY agree dut the capital
impmvmema Mina should be financed dwrgh a ban and whatha the ad valorem argon
already being levied ran he adlired to repay said been.
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10/25/2011 Item 16.A.7.
i-. County staff has been working with the Supervisor of Eimtions office to coordinate the timeline
to submit the referendum question for the Presidential Preference Primary. The proposed
question is contained in the attached resolution and asks:
Shall general obligation bonds payable from the existing ad valorem property
taxes levied at a rate not exceeding.5 mills on all taxable pir wry within "Radio
Road Eam Municipal Service Taring Unit (HSTU) " be Issued in a principal
aunt not exceeding $649,000, with a maturity not longer than 10 years and an
interest rate less than the maximum legal rare, to advance the emutrusion of
lands piialirriplon improvements within the MSTU?
If the Board approves the attached Resolution, the referendum question will be included on the
Presldemial Preference Primary election ballot that will occur on January 31, 2012,
FISCAL MPACT: This MSTU currently maintains budgeted reserves for FY12 tetaling
$131,900. Par of these reserves may be need m offset the eventual amount borrowed. Atonal
properly tax eelieetion teal $151,000. Fmtl , staff anticipates annual principal payments of
between $60,WD and 585,000 which leaves sufficient dollars available for landscape
maintenance and routine operational expenses.
LEGAL CONSIDERAIIONS: This item has been reviewed and approved by the County
Attorney's Office, is legally sufficient for Board action and only requires a majority vote for
approval —SRT.
GROWTH MANAGEMENT IMPACT: There is no growth management impact with this
Executive Summary .
RECOMMENDATION That the Board of County Commissioners approve the resolution
calling for a referendum to IS held for the Radio Road, East of Santa Barbara Boulevard to the
intersection of Radio Road and Davis Boulevard Municipal Service Taxing Unit and atmorize
the Chairman to sign the Resolution on behalf of the Board.
Prepared By: Darryl Richard, Project Manager, Department of Alternative Transportation Modes
Attachment: (1) Resolution Calling for Radio Road, East of South Barbara Boulevard to the
intersection of Radio Road and Davis Boulevard Municipal Service Taxing Unit Referendum
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1012512011 Item 16.A.7.
COLLIER COUNTY
Board d county Commissioners
Rem Number: 16.A.7.
Item Summary: Recommendation to approve a resolution calling for a bond referendum
election to be held forthe Radio Road, East of Santa Barbara Boulevard to the Intersection of
Radio Road and Davis Boulevard Municipal Service Taxing Unit (MSTU) to determine if the
qualified electors residing in such MSTU approve obtaining a loan not to exceed $649,000 in
order to finance certain landscaping and irrigation capital Improvements within such MSTU,
with a maturity date not longer than 10 years.
Meeting Bate: 10/25/2011
PreW red By
Approved By
Name: HerreraGloria
Title.MenagementTei AnalysuTmnsportation Administr
Date: 9/262011331:56 PM
Name: LUIIChPamela
Title: Manager - LOndacape Gpermiom,Ahemztive Trani
Date'. 9/2620114:10 43 PM
Name: ArnoldMidefle
Tire Director -Aft Tramponation Modes,Alternetive Tr
Date 926/20/1 496:38 PM
Name: BetancurNamm
Title: Executive Secretary,Transpertanon Engine nng & C
Date: 927 /2011 10:04:2? AM
Name: Csmellsteve
Title: Director - Pur basing/Geneml Se vices,PUmbasing
Data: 9/29/2011 1:13r50 PM
Name: FederNOrman
Title: Administrator- Groem Marmgement DieTranspe rati ^
Packer Page 1254-
Date K9/2011 1629 PM
Name: Mareellaleanne
Title. Executive Secretary,Tansponation Planning
Date 9 @920114.04:08 PM
Name: TeachSmn
Title. Deputy County Attumey,County Anomey
Date: 102/2011228 46 PM
Name: KlarzkowlefT
Title'. County AMmey,
Date 10/3/20114 ,21 48 PM
Name: IsacUonMark
Title , Director -Cory Flrancial and Mgmt Svs,CMO
Date: 10/1 ]20113:14:04 PM
Name: KlarzkowlefY
Title'. County Attorney,
Date'. 10/1]2011331: 30 PM
Name:OChsLeo
Title: County Manager
Date. 10/17,20114 01 16 PM
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10/25/2011 Item 16.A.7.
10/25/2011 Item 16.A.7.
RESOLUTION NO.
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA ORDERING AND CALLING FOR
A BOND REFERENDUM ELECTION TO BE HELD FOR THE RADIO
ROAD, EAST OF SANTA BARBARA BOULEVARD TO THE
INTERSECTION OF RADIO ROAD AND DAVIS BOULEVARD
MUNICIPAL SERVICE TAXING UNIT TO DETERMINE IF THE
QUALIFIED ELECTORS RESIDING IN SUCH MUNICIPAL SERVICE
TAXING UNIT APPROVE THE ISSUANCE BY THE COUNTY OF
GENERAL OBLIGATION BONDS THAT SHALL MATURE NOT
LATER THAN 10 YEARS FROM THEIR DATE OF ISSUANCE IN AN
AGGREGATE PRINCIPAL AMOUNT NOT EXCEEDING $649,000,
PAYABLE FROM EXISTING AD VALOREM TAXES LEVIED AT A
RATE NOT TO EXCEED .5 MILS PER YEAR AGAINST ALL
TAXABLE PROPERTY WITHIN THE MUNICIPAL SERVICE TAXING
UNIT IN ORDER TO FINANCE CERTAIN LANDSCAPING AND
SPRINKLER SYSTEM CAPITAL IMPROVEMENTS WITHIN SUCH
MUNICIPAL SERVICE TAXING UNIT; PROVIDING SEVERABILITY
AND AN EFFECTIVE DATE
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA:
SECTION L FINDINGS. The Board of County Commissioners (the
Board ") of Collier County, Florida (the "County") hereby finds and determines Mat:
(a) On July 28, 2009, the Board enacted Ordinance No. 2009 -44 creating the
"Radio Road, East of Santa Barbara Boulevard to the intersection of Radio Road and
Davis Boulevard Municipal Service Taxing Unit" (Me "MSTU "), Me principal purpose of
which MSTU is to provide landscaping and sprinkler systems for the section of Radio
Road from Santa Barbara Boulevard east to Davis Boulevard (collectively, the "MSTU
Improvements ").
(b) The advisory committee for the MSTU has requested the Board provide for
a bond referendum election to be held to allow the qualified electors residing within the
MSTU to determine whether general obligation bonds secured by and payable from
existing ad valorem taxes levied at a rate not to exceed .5 mils against all taxable property
within the MSTU should be issued to finance costs of the MSTU Improvements thereby
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10/25/2011 Item 16,A.7.
^ allowing the MSTU Improvements to be completed sooner than if the MSTU funded
them on an annual basis.
(c) It is in the beat interests of the County and the MS= to allow the qualified
electors within the MSTU to determine whether or not to issue general obligation bonds
(the "Bonds ") secured by and payable from existing ad valorem taxes levied at a rate not
to exceed .5 mils against all taxable property within the MSTU (the "Ad Valorem
Taxes ") in order to finance costs of the MSTU Improvements.
SECTION 2. BOND REFERENDUM ELECTION. A bond referendum
election of the qualified electors residing within the MSTU is hereby ordered and called
to be held on January 31, 2012, to determine whether or not the County shall issue the
Bonds to bounce costs of the MSTU Improvements. Such Bands shall mature not later
than 10 years from their date of issuance, shall be issued in an aggregate principal amount
of not exceeding $649,000 and shall be payable from existing Ad Valorem Taxes.
SECTION 3. MANNER OF VOTING. The referendum election shall be
conducted in accordance with applicable law at the same time and places as the
Presidential Preference Primary election to be held on January 31, 2012, coordinated and
conducted by the Supervisor of Elections of Collier County; provided, however, the
referendum election shall only be held at those precincts that serve the electors within the
^ MSTU. Ear ly voting may be utilized to me extent allowable by, and in accordance with,
applicable law.
SECTION 4. OFFICIAL BALLOT. The form of ballot to be used shall
be N substantially the form as attached hereto as Exhibit "A." The ballots to be used in
the referendum election, including my required sample ballots, shall be prepared and
distributed by the Supervisor of Elections of Collier County in accordance with
applicable law. Electronic balloting may be utilized to the extent allowable by, and in
accordance with, applicable law.
SECTION 5. ABSENTEE VOTING. Adequate provision shall be made
by the Supervisor of Elections of Collier County for absentee voting. Ballots to be used
in the referendum election for absentee voting shall be in substantially the same form as
those ballots utilized at the polling places on the day of the referendum election. Ballets
for absentee voting shall be distributed, collected and canvassed in accordance with
applicable law.
SECTION 6. ELECTION ADMINISTRATION. The bond referendum
election shall be held and conducted in the manner prescribed by law. The results of the
election shall be as soon as practicable returned and canvassed in the mauner prescribed
by law. The results shall show the number of qualified electors within the MSTU who
^ voted at such bond referendum election and the number of votes cast respectively for and
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1025/2011 Item 16.A.7.
against approval of the Bonds. Upon canvassing and certification in the manner '^
prescribed by law, the results shall be recorded in the minutes of the Board.
SECTION 7. ELECTION RESULTS. If a majority of the votes cast at
the bond referendum election in respect to the amrestmed proposition shall be "YES - For
Bonds" votes, such proposition shall be approved and the Bonds described herein may be
issued by the County. If a majority of the votes cast at such election in respect to the
aforestaled proposition shall be "NO - Against Bonds" votes, such proposition shall be
defeated and the Bands described herein may not be issued by fie County.
SECTIONS. NOTICE OF BOND REFERENDUM ELECTION. A
public notice, substantially in the form attached hereto as Exhibit "B,° shall be published
in full in a newspaper of general circulation in the County in the matter provided by law.
The notice shall be published at least 30 days prior to the bond referendum election, once
in the fifth week prior and once again in the third week prior to the week in which the
bond referendum election is held, all in the marmer provided in Section 100.342, Florida
Statutes.
SECTION 9. SUPERVISORS OF ELECTIONS. The County Stamper
is hereby authorized and directed to coordinate with and through the Supervisor of
Elections of Collier County in carrying out the purposes of this Resolution.
SECTION 10, CONFLICTS. If there is conflict between the provision of .-.
this Resolution and any other resolution or ordinance or portions thereof, the provisions
of this Resolution shall prevail to the extent of such conflict.
SECTION 11. SEVERABILITY. If any section, subsection, sentence,
clause, phrase or portion of this Resolution is for any reason held invalid or
unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and such holding shall not affect the validity
of the remaining portions.
[Remainder of page intentionally left blank]
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10/25/2011 Item 16.A.7.
^ SECTION 12. EFFECTIVE DATE. This Resolution shall become
effective immediately upon its adoption.
DULY ADOPTED this 25m day of October, 2011.
(SFAr) COLLIER COUNTY, FLORIDA
Ymd W. Coyle, Chairman,
ATTEST: Hoard of County Commissioners
Dwight E. Brock, Clerk
By: Deputy Clerk
^ Approved as to Form and Legal
Sufficiency:
Scott R. Teach
Deputy County Attorney
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10/2512011 Item 16.A.7.
E)GIIBIT A
Official Ballot
Collier County, Florida
Radio Road, East of Santa Barbara Boulevard to the intersection of Radio Road
and Davis Boulevard Municipal Service Taxing Unit
Bond Referendum Election
January 31, 2012
Approval of Limited General Obligation Bonds to Finance Landscaping and
Sprinkler Improvements.
Shall general obligation bonds payable from the existing ad valorem property
Wes levied at a rate not exceeding .5 mills on all taxable property within "Radio Road
East Municipal Service Taxing Unit (MSTU)° be issued in a principal amount not
exceeding $649,000, with a maturity not longer than 10 years and an interest rate less
than the maximum legal rate, to advance the construction of landscaping/imigation
improvements within the MSTU7
INSTRUCTIONS TO VOTERS YES -FOR BONDS
NO- AGAINST BONDS
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10/25/2011 Item 16.A.7.
EXBIBIT B
Notice to Electors of the "Radio Road, East of Santa Barbara Boulevard to the
intersection of Radio Road and Davis Boulevard Municipal Service Taxing Unit'
of a Bond Referendum Election to be held on January 31, 2012 Regarding General
Obligation Bonds to be Issued to Finance Certain Landscaping and Sprinkler
Improvements in the MSTU
Notice is hereby given that a bond referendum election will be held on January 31,
2012, to determine whether Collier County, Florida may issue general obligation bonds
with a maturity not longer than 10 years from their issuance in a principal amount not
exceeding $609,000, interest upon which will be less than the maximum legal rate, to
finance various landscaping and sprinkler improvements, which bonds shall be payable
from existing ad valorem property taxes levied at a rate not to exceed .5 mills on all
taxable property within the 'Radio Road, East of Santa Barbara Boulevard to the
intersection of Radio Road and Davis Boulevard Municipal Service Taxing Unit", all as
further provided in Resolution No. adopted by the Board of County Commissioners
of Collier County, Florida on October 25, 2011. A copy of such Resolution No. _ may
be obtained from the Clerk of the Circuit Court for Collier County, Florida.
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