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Resolution 2004-223 RESOLUTION NO. 2004 - 223 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF COLLIER, FLORIDA, ORDERING AND CALLING A REFERENDUM ELECTION TO BE HELD ON NOVEMBER 2, 2004, WITHIN COLLIER COUNTY, TO DETERMINE IF THE ELECTORS OF THE COUNTY OF COLLIER, FLORIDA, APPROVE THE LEVY OF AN ADDITIONAL AD VALOREM TAX NOT EXCEEDING .15 MILL FOR 10 YEARS AND THE ISSUANCE OF NOT EXCEEDING $40,000,000 LIMITED TAX GENERAL OBLIGATION BONDS, TO BE ISSUED IN ONE OR MORE SERIES, PAYABLE THEREFROM, IN ORDER TO FINANCE ACQUISITION OF THE LAND PRESENTLY KNOWN AS CARIBBEAN GARDENS, TOGETHER WITH THE PURCHASE OF ADJOINING LAND HELD BY THE SAME OR RELATED OWNERSHIP AS IS NECESSARY TO COMPLETE THE TRANSACTION, TO ASSURE THE CONTINUED OPERATION OF THE CARmBEAN GARDENS; PROVIDING FOR AN EFFECTIVE DATE. lOK WHEREAS, Caribbean Gardens was first established in 1919 by the renowned botanist which still remain; and Dr. Henry Nehrling, who planted a garden containing 3,000 species of tropical plants, many of disuse following the death of Dr. Nehrling, and opened Caribbean Gardens to the public; and WHEREAS, in 1954, Julius Fleischmann restored the gardens, which had fallen into WHEREAS, in 1969, Col. Lawrence and Nancy Jane Tetzlaff, known as Jungle LarryTM their collection of rare animals, began to exhibit their animals in the Gardens; and and Safari Jane™, having previously visited Caribbean Gardens seeking a winter quarters for WHEREAS, Caribbean Gardens has been an important public recreational, educational, Collier County and residents of Collier County, including countless school children; and and economic resource in Collier County for many years, attracting both visitors from outside WHEREAS, the Owners of the property comprising the Caribbean Gardens have stated substantial probability result in the demise of the Caribbean Gardens; and their intent to sell the property, along with certain other adjoining parcels, which sale will in all WHEREAS, the Board of County Commissioners finds that it is in the public's interest that the Caribbean Gardens remain open; and WHEREAS, assuring that the Caribbean Gardens remains open for the use and enjoyment of the residents of and visitors to Collier County will require that the County purchase be required as part of the transaction. the underlying real estate from the Owners, together with such other adjoining parcels that may Page 1 of 5 lOK NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION I. Findings. It is found and declared that: (A) This Resolution is adopted pursuant to applicable provisions of law. (B) It is desired to ask the electors of the County if they desire the Board of County Commissioners to authorize the annual levy of an additional ad valorem tax not exceeding .15 mill for ten years to fund the acquisition of the property presently known as the Caribbean Gardens, for the purpose of ensuring the continued existence of the Caribbean Gardens, together with such other adjacent property owned by the same or related owners of this property which may be required to complete this transaction, from taxes collected and on deposit and from the proceeds of the issuance of short and/or long term indebtedness authorized herein payable from the aforesaid additional ad valorem tax. (C) The expenditures authorized serve a paramount public purpose and benefit. (D) It is in the best interest of the County to issue such bonds as are necessary or desirable to finance this project as heretofore described. (E) The recitations of the preamble are hereby adopted as findings herein. SECTION II. Referendum Election Ordered. A referendum election be and is hereby ordered to be held in Collier County, Florida, on November 2, 2004, to determine whether or not the levy of an additional ad valorem tax and the issuance of limited tax general obligation bonds for the aforesaid purposes shall be approved by the electors of the County. SECTION III. Voting. The polls will be open at the voting places on the date of such election from 7:00 a.m. to 7:00 p.m. on the same day. All qualified electors residing within the County shall be entitled and permitted to vote at such an election as hereinafter provided. The referendum election shall be held and conducted in the place or places prescribed by law for general elections in the County. The referendum election shall be held and conducted in the manner prescribed by law for holding general elections in the County, and the County Manager and Supervisor of Elections are directed to take all necessary measures to conduct the election in all manner required by law. The returns shall be properly canvassed by the County Canvassing Board to be comprised by law Page 2 of 5 "d.1\ J"OC"lure, "d requiremen~ of "ate low "d othe, .ppl""'le I.w ,h.11 be oompli~ wQK for the purpose of conducting the computation of ballots and completion of election procedures. SECTION IV. Ballots. The ballots to be used in the referendum election shall be on plain white paper, or otherwise permitted electronic format, with a written description of the proposed issuance of the bonds and levy of the tax, and which will provide facilities for qualified electors to vote for or against the issuance of the Bonds paid for by the levy of the tax as they may choose. Voting equipment shall be used at such referendum election as the Supervisor of Elections deems appropriate and as permitted by law. The question appearing on the ballots to be used in the referendum election shall be in substantially the following form: BALLOT ACQUISITION OF CERTAIN LAND, INCLUDING THE LAND CURRENTLY USED AS CARIBBEAN GARDENS SHALL COLLIER COUNTY BE AUTHORIZED TO ACQUIRE CERTAIN LAND, INCLUDING THE LAND CURRENTLY USED AS CARIBBEAN GARDENS, FOR THE PURPOSE OF ENSURING THE CONTINUED OPERATION OF THE CARIBBEAN GARDENS, BY ISSUING BONDS UP TO FORTY MILLION DOLLARS PAYABLE FROM AD VALOREM TAXES NOT EXCEEDING .15 MILL FOR A PERIOD OF TEN (10) YEARS, AND BEARING INTEREST AT A RATE NOT EXCEEDING THE MAXIMUM LEGAL RATE? YES (FOR BONDS) NO (AGAINST BONDS) SECTION V. Absentee Voting. Adequate provision shall be made for absentee voting. Ballots shall be used suitable for absentee voting at the election. The form of ballots to be used in the election for absentee voters shall be in substantially the form set out above and in accordance with the Florida Election Code. SECTION VI. Results of Election. Returns of the votes cast at the election shall be made to and canvassed by the Canvassing Board and the Canvassing Board shall declare the results and certify the same to the County Manager to be recorded in the minutes of the County. If a majority of the votes cast at such election in respect to the levy of the tax and issuance of the bonds shall be "YES" (For Page 3 of 5 lOK Bonds), such bond issuance shall be approved, and bonds shall be issued by the County pursuant to the terms and provisions of applicable law, ordinances, or resolutions. Regardless of the results of the election, the Supervisor of Elections is hereby directed to submit such results to the Department of State pursuant to Section 100.351, Florida Statutes. SECTION VII. Publication of Resolution and Notice. At least 30 days' notice of the election shall be published in the Naples Daily News, or any other newspaper of general circulation within the County, at least twice, once in the fifth week and once in the third week prior to the week in which the election is held, in the manner provided in Section 100.342, Florida Statutes. The notice of election shall be in substantially the following form: NOTICE OF TAX AND BOND REFERENDUM COUNTY OF COLLIER, FLORIDA, ON NOVEMBER 2, 2004 NOTICE IS HEREBY GIVEN THAT A COUNTY OF COLLIER, FLORIDA, TAX AND BOND REFERENDUM will be held on the 2nd day of November, 2004, in the County of Collier, Florida, for the purpose of determining whether or not an additional ad valorem tax not exceeding .15 mill shall be levied annually for ten (10) years and limited tax general obligation bonds of the County issued in one or more series, payable therefrom, shall be issued in the aggregate principal amount of not exceeding $40,000,000, bearing interest, payable at such interest rate or rates not exceeding the maximum rate permitted by law and redeemable as shall be determined at or before the time of sale thereof, maturing over a period of not to exceed ten years from the date of the bonds, to finance the acquisition of certain land, including the land currently used as the Caribbean Gardens, for the purpose of ensuring the continued operation of the Caribbean Gardens. The polls will be open at the voting places on the date of referendum election at 7:00 a.m. to 7:00 p.m. on the same day, all as provided in Resolution No. 2004-_, adopted by the Board of County Commissioners of Collier, Florida on June 22, 2004, which is a matter of public record. All qualified electors residing within the County of Collier shall be entitled, qualified and permitted to vote at such election. The County of Collier, Florida Donna Fiala, Chairman Board of County Commissioners SECTION VIII. Effective Date. This Resolution shall go into effect immediately upon its passage and adoption. THIS RESOLUTION ADOPTED after motion, second, and majority vote favoring same, this 22nd day of June, 2004. Page 4 of 5 ATTEST: " '::'}"'~" DWIGHT E,~ROCK;''Cfer!< ...~>,' /"~j: "\'<-~ BY~4~)4"~..l~I>':J', h.c; . . " J ., \ ::t: {.. ,;:~ ~uty Clerk , ,'. ..-<~_', \ 1_\ \\ \'" .: Att.st....t:4o .Cha'~~,~i st9l11.t&&r~ ~t,.ll~ti3\..C..'-" By: Page 5 of 5 1 OK · , Y COMMISSIONERS LLIER, FLORrpA ~~~ ALA, Chairman Item # ID~ Agenda f !J Date fQ-Z1. '0.