Resolution 2006-201
RESOLUTION NO. 2006- /.0]
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA ORDERING AND PROVIDING FOR
HOLDING OF A REFERENDUM BALLOT ELECTION TO DETERMINE
IF THE FREEHOLD ELECTORS OF THE FOREST LAKES ROADWAY
AND DRAINAGE MUNICIPAL SERVICE TAXING UNIT OF COLLIER
COUNTY, FLORIDA APPROVE THE ISSUANCE OF 56,250,000.00 IN
BONDS, IN ORDER TO FINANCE THE PROVISION AND
MAINTENANCE OF IMPROVED ROADWAY LIGHTING, ROADWAY-
RELATED DRAINAGE AND ROADWAY RESTORATION WITHIN THE
FOREST LAKES ROADWAY AND DRAINAGE MUNICIPAL SERIVCE
TAXING UNIT, AND PURPOSES INCIDENTAL THERETO, WITH A
MATURITY NOT EXCEEDING FIFTEEN (15) YEARS FROM
ISSUANCE THEREOF, BEARING INTEREST NOT EXCEEDING THE
MAXIMUM LAWFUL RATE, PAYABLE FROM AD VALOREM TAXES
LEVIED ON ALL TAXABLE PROPERTY WITHIN THE MUNICIPAL
T AXING UNIT NOT EXCEEDING FOUR (4) MILLS.
WHEREAS, the Board of County Commissioners adopted Ordinance Number 122-1776,
which created the Forest Lakes Roadway and Drainage Municipal Service Taxing Unit
(hereafter, the "MSTU"), for the purpose of providing and maintaining improved roadways
lighting, roadway related drainage and roadway restoration within the designated boundaries of
the MS TU; and
WHEREAS, the MSTU's current ad valorem tax of four (4) mills as authorized by the
Board of County Commissioners is insufficient to make substantial and necessary progress in the
repair and maintenance of the MSTU's identified roadway lighting, roadway related drainage
and roadway restoration capital projects; and
WHEREAS, the MSTU's advisory committee seeks to promote the prompt, efficient and
most economical provision, repair and maintenance of the MSTU on behalf of its residents by
requesting that that a bond referendum be included in the November 2006 general election; and
WHEREAS, the Board of County Commissioners desire to determine by referendum
ballot if a majority of the qualified freehold electors of the MSTU approve of the issuance of
bonds to further fund the necessary repair and maintenance of the MSTU as designated in
Ordinance Number 122-1776; and
WHEREAS, the Board of County Commissioners of Collier County, Florida, finds it to
be in the best interests of the citizens of Collier County to place this funding issue before the
qualified freehold electors of the MSTU as a bond referenda on the November 7, 2006 general
election; and
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, IN OPEN MEETING DULY
ASSEMBLED IN THE BOARD OF COUNTY COMMISSIONERS CHAMBERS, that:
SECTION ONE
REFERENDUM ELECTION CALLED
A ballot referendum is hereby ordered and called to be held during the general election
on November 7, 2006 for the purpose of submitting to the qualified freehold electors of the
MSTU the question of whether they want the Board of County Commissioners to authorize the
issuance of bonds to finance the provision and maintenance of improved roadway lighting,
roadway-related drainage and roadway restoration within the Forest Lakes Roadway and
Drainage Municipal Service Taxing Unit in the total bond amount of $6,250,000.00.
SECTION TWO
PERSONS ENTITLED TO VOTE
All qualified freehold electors of the MSTU shall be entitled and permitted to vote at
such an election as hereinafter provided.
SECTION THREE MANNER OF ELECTION
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 a county
canvassing board to be comprised of a county court judge and two members of the Board of
County Commissioners (collectively, the "Canvassing Board") and all procedures and
requirements of state law and other applicable law shall be complied with for the purpose of
conducting the computation of ballots and completion of election procedures.
SECTION FOUR FORM OF THE BALLOT
A. The ballots to be used in the referendum election shall be on paper and/or in
accordance with an otherwise permitted electronic format, with a written description of the
proposed issuance of the bonds, which will allow qualified freehold electors of the MSTU to
vote for or against the issuance of the bonds as they may choose. The Supervisor of Elections
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will facilitate the use of all voting equipment she deems as appropriate and permitted by law.
The question appearing on the ballots to be used in the referendum election shall be in
substantially the following form:
OFFICIAL BALLOT
Shall the provision and maintenance of improved roadway lighting, roadway-
related drainage and roadway restoration within the Forest Lakes Roadway and
Drainage Municipal Service Taxing Unit be financed by issuing bonds not
exceeding $6,250,000.00, with a maturity not exceeding fifteen (15) years from
issuance thereof, bearing interest not exceeding the maximum lawful rate, payable
from ad valorem taxes levied on all taxable property within the Municipal Service
Taxing Unit not exceeding four (4) mills?
YES (FOR BONDS)
NO (AGAINST BONDS)
B. The Supervisor of Elections shall include on all ballots such instructions to voters
as are necessary.
SECTION FIVE
NOTICE OF ELECTIONS
Notice of the referendum ballot shall be published in Naples Daily News, a newspaper of
general circulation published in Collier County, Florida. There shall be at least thirty (30) days
notice of said election, with publication to be made at least twice, one in the fifth week and one
in the third week prior to the week in which the referendum election is to be held in the manner
provided in Section 100.342, Florida Statutes.
Said notice shall be substantially the following form:
NOTICE OF BOND REFERENDUM ELECTION FOR THE
FOREST LAKES ROADWAY AND DRAINAGE
MUNICIPAL SERVICE TAXING UNIT,
COLLIER COUNTY, FLORIDA
NOVEMBER 7, 2006
NOTICE IS HEREBY GIVEN, that a bond referendum will be held during the
general election on November 7, 2006 in Collier County, Florida to determine if
the qualified freehold electors of the Forest Lakes Roadway and Drainage
Municipal Service Taxing Unit want the Board of County Commissioners to
authorize the issuance of bonds to finance the provision and maintenance of
improved roadway lighting, roadway-related drainage and roadway restoration
within the Forest Lakes Roadway and Drainage Municipal Service Taxing Unit in
the total bond amount of $6,250,000.00, with a maturity not exceeding fifteen
(15) years from issuance thereof, bearing interest not exceeding the maximum
lawful rate, payable from ad valorem taxes levied on all taxable property within
the Municipal Service Taxing Unit not exceeding four (4) mills?
The election shall be conducted by election officials appointed by the Supervisor
of Elections pursuant to applicable general law. All qualified freehold electors
within the Forest Lakes Roadway and Drainage Municipal Service Taxing Unit
may vote on said referendum.
Collier County, Florida
Frank Halas, Chairman
Board of County Commissioners
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SECTION SIX
RESUL TS OF ELECTION
R~turns 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 issuance of the bonds shall be "YES" (For 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 County Manager is hereby directed to submit such results to the Department of State
pursuant to Section 100.351, Florida Statutes.
THIS RESOLUTION is adopted after motion, second, and majority vote favoring
adoption this ~ th day of July 2006.
ATTEST: ' " ,
DWIGHT E. BROCK, Clerk
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BOARD OF COUNTY COMMISSIONERS
COUNTY OF COLLIER, FLORIDA
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Frank Halas, Chairman
By:
A~ovad as to Fo
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Scott R. Teach,
Assistant County Attorney
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