Resolution 1997-275
9 A
RESOLUTION NO, 97--I!.2-
A RESOLUTION ORDERING AND CALLING A REFERENDUM ELECTION
BY MAIL BALLOT TO BE HELD ON AUGUST 28, 1997, TO DETERMINE IF
THE QUALIFIED ELECTORS WITHIN THE TERRITORIAL BOUNDARIES
OF THE PROPOSED CITY OF MARCO ISLAND AS DEFINED IN HOUSE
[JILL 1729 APPROVE HOUSE BILL 1729 CREATING TilE CITY OF
MARCO ISLAND.
WHEREAS, House 8il11729 was cnacted during the 1997 Legislative Session and provides
for a referendum election to be held no later than September I, 1997 for the qualified electors within
the proposed boundaries of the City of Marco Island to approve House Bill 1729 creating the City of
MHCO Island; and
WHEREAS. the Board of County Commissioners ofCollicr County. Florida, pursuant to
general law, herein calls the special mail ballot election for the proposed City of Marc 0 Island as
cre,lled by House Bill 1729.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNn', FLORIDA, that:
SE':IlD.li.ill'lE. REFERENDUM EI ECTION CALLED,
A referendum election be and is hereby ordered. and called to be held on August 28, 1997 by
mail ballot for the purpose of submitting to the qualified electors within the territorial boundaries of
the proposed City of Marco Island the approval of House Bi111729 creating the City of Marco Island
and providing for its Charter,
SE.CTION TWO. PERSONS ENTITLED TO VOTE.
The persons entitled to vote in the referendum election shall be all the qualified electors
residing wilhin the territorial boundaries of the proposed City of Marco Island as described in House
Bill 1729, a copy of which is attached hereto as Exhibit "A",
illTION THREE. MdlLJlALLOT AND ELECTION OFFICIAl S,
The election shall be held hy mail ballot within the territorial boundaries of the proposed City
of Marco Island as described in Ilouse Bill 1729. The mail ballot referendum election shall be
conducted by election officials appointed hy the Supervisor of Elections pursuant 10 applicable
general law,
SECTION FOIlR, FORM OF TilE BALLQL
A. Themail ballot to be used in said referendum election shall be in the following form:
OFFIrIAI. fJAI.I OT
INCORPORA nON OF THE CITY OF MARCO ISLAND
Shall Honse Bill 1729 as enacted by the 1997 Legislature creating a City of
Marco Island and providing for its Chaner, be approved?
YES
NO
9 A
B. The Supervisor of Electio:1s shall include on all mail ballots such instmctions to voters as
arc: nl:cessary.
SE.CrION FlYf. NOTICf. OF Fl,ECTIQJi.
The Clerk of this Board shall publish a notice of the referendum election by mail ballot in the
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,
once in the fifth week a.'1d once in the third week prior 10 the week in which the referendum election is
to be ~lcld. Said notice shall be in substantially the following form;
tillIKLOF REr::F;RENDUM EI.f.CT10l'lJ!Y MAn, BAII.OT
NOTICE IS HEREBY GrVEN, that a referendum election by mail ballot will be held on
Augu~;t 28, 1997, within the territorial boundaries of the proposed City of Marco Island as described
in HOlJse Bill 1729, to determine if thr. qualified electors residing within said houndaries approve the
creation of the City of Marco Island and its charter as contained in House Bill 1729 enacted by the
1997 Legislature.
The election shall be conducted by election omcials appointed by the Supervisor of Elections
pursu;:.nt to applicable general law. All qualified electors residing within the territorial boundaries of
the pmposed City of Marco Island as described in House Bill 1729 may vote by mail ballot in said
referendum election. Absentee voting may be pennitted upon compliance with applicable provisions
of general law.
DWIGHT E. BROCK, CLERK
BY:
Deputy Clerk
This Resolution adopted this ~t-day of June
majority vote.
, 1997 after motion, second and
ATfE~n: ,; '.I,'
DWIGHT E, BR9C~ CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
~.
.
4:-~p;., ~zz;J..l::--.,...& e
BY:
TI
Appro\'ed as to fornl and
leg;;!l sdficiency;
k'J~~1~
David C. Weige
County Attorney
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9 A
ENROLLED
1997 iJcgislature
HB 1729. First Engrossed
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B
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2B
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II
propose or require repeal by the council of any adopted
ordinance if the council fnils to repeal or amend an ordinance
so proposed to approve or reject it at a city election.
provided that such ordinance shall not extend to the operating
budget or any emergency ordinance relating to appropriation of
money. but shall extend to an ordinance providing any single
capital expenditure in excess of $250,000. If the proposed
ordinance to repeal an existing city ordinanct. has met the
signature requirements of section 166.031, Florida Statutes,
council shall repeal
it on the ballot for
Section 6.03
or amend the ordinance rather than place
a vote by the qualified electors.
Recall.--Recall of elected officials
shall be as provided for by general law.
Section 6.04 Commencement of Proceedings.--Any five
qualified voters may commence initiative and referendum
proceedings by filing with the city manager or other official
designated by the council an affidavit stating they will
constitute the petitioner'S committee and be responsible for
circulating the petition and filing it in proper form, stating
their names and addresses and specifying the address to which
all notices to the committee are to be sent, and setting out
in full th~ proposed initiative ordinance or citing the
ordinance sought to be reconsidered. Promptly after the
affidavit of the petitioner's committee is filed, the city
manager or other official designated by the council shall, at
the committee's request, issue the appropriate petition blanks
to the petitioner'S committee at the committee's expense,
Section 6.05 Petition.--
(1) Nllmber of signatures.--Initiative and referendum
petitions must be signed by qualified voters of the city equal
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