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Resolution 2012-010RESOLUTION NO. 2012 - 10 A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA DIRECTING THE COLLIER COUNTY SUPERVISOR OF ELECTIONS TO TAKE APPROPRIATE ACTION WITH RESPECT TO A RESOLUTION BY THE COLLIER COUNTY SCHOOL DISTRICT, WHICH SEEKS TO PLACE A MILLAGE REFERENDUM ON THE NOVEMBER 6, 2012 GENERAL ELECTION BALLOT WHEREAS, on January 10, 2012, the Collier County School District approved and adopted Resolution 12 -01 (the "Resolution "), pursuant to Florida Statutes Section 1011.73(2), which directs the Collier County Board of Commissioners to call an election as part of the November 6, 2012 General Election, to vote on an ad valorem millage increase for operating expenses by the School District as authorized by Section 1011.71(6), Florida Statutes; and WHEREAS, Section 1011.71(7), Florida Statutes, in part states that "school districts may levy, by local referendum or in a general election, additional millage for school operation purposes... [.];" and WHEREAS, school district millage elections are required to be held in the manner prescribed by law for holding general elections as provided by Section 1011.73(3), Florida Statutes; and WHEREAS, the School District's Resolution includes language it proposes for its millage referendum; and WHEREAS, the Collier County Board of County Commissioners finds that it is lawful and in the public interest to call for the referendum election requested by the School District and to direct the Collier County Supervisor of Elections to take appropriate action with respect to the School District's request as stated in its Resolution, while making no comment on the substance of the School District's proposed referendum and/or the lawfulness of its proposed ballot language. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. The Board of County Commissioners approves, and authorizes its Chairman to sign this Resolution to call an election as part of the November 6, 2012 General Election to vote on a referendum for an ad valorem millage increase for operating expenses by the School District as authorized by Section 1011.71(6), Florida Statutes and hereby directs the Collier County Supervisor of Elections to take appropriate action with respect to the School District Resolution, a copy of which is attached. 2. By taking this action, the Board of County Commissioners makes no comment on the substance of the School District's proposed referendum and/or the lawfulness of its proposed ballot language but is merely performing its duty to call the election as requested by the School District. THIS RESOLUTION ADOPTED after motion, second, and majority vote favoring same, this Z4AZ�N th day of�vo_ 2012. ATTEST , : a 2 . :. DWIGRT: $ROCK,,igrk At z Q s ":. a lc legal sufficiency: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA B Y: - W FRED W. COYLE, Chair RESOLUTION #12 -01 A RESOLUTION DIRECTING THE BOARD OF COUNTY COMMISSIONERS OF COLDER COUNTY TO CALL AN ELECTION AT WHICH THE ELECTORS WITHIN THE SCHOOL DISTRICT MAY APPROVE AD VALOREM TAX MILLAGE OF UP TO.25 MILLS AS AUTHORIZED UNDER SECTION 1011.71, FLORIDA STATUTES FOR OPERATIONAL EXPENSES. WHEREAS, capital funding is adequate to meet the School District's capital needs under the existing ad valorem taxation structure; WHEREAS, in 2008 the voters of Collier County approved a tax neutral Referendum proposed by the District School Board (DSBCC) of Collier County; WHEREAS, this Referendum enabled the DSBCC to remain financially stable during the first four years of reduced revenue because of the economic downturn by increasing the operating tax millage by .25 mills while the DSCBB reduced the capital tax millage by .25 mills; WHEREAS, the DSBCC continues to experience a severe shortfall in the funding provided by the Florida Legislature for the District's operating expenses during the 2011 -2012 fiscal year, WHEREAS, the authority granted by the voters in approving the 2008 referendum expires in June of 2013; -- WHEREAS, the indications from the Florida Legislature are that these shortfalls in funding for the cost of operating the School District will continue in coming years and will impact District finances; WHEREAS, the Collier County School District has made and will continue to make significant and financially responsible reductions and adjustments in its budgets; WHEREAS, these laws permit an increase in ad valorem taxes for up to four (4) years for operating expenses pursuant to voter referendum; WHEREAS, pursuant to F.S. 1011.71(9) and F.S. 1011.73(2), the School District has the legal authority to reduce ad valorem taxes assessed for capital funding in an amount equal to a referendum - approved increase in ad valorem taxes assessed for operating expenses, thereby creating a tax neutral millage shift; WHEREAS, this shift in funding will not result in any additional expense to the taxpayers; NOW, THEREFORE, IT IS RESOLVED by the District School Board of Collier County, Florida, in a regular public meeting duly called and assembled that: 1. Pursuant to F.S. 1011.71(9) and F.S. 1011.73(2), the Board of County Commissioners is hereby directed to call an election as part of the November 6, 2012 General Election for the qualified electors of the District School Board of Collier County, Florida to vote on an ad valorem millage increase for operating expenses by the School District as authorized by Section 1011.71(6), Florida Statutes. 2. The substance of the millage referendum and the ballot title shall read: Renewal of Tax Neutral Flexible Funding for Collier County Public Schools Collier County School District proposes to renew the 2008 voter approved referendum to allow the District the option to reduce the capital tax millage by .25 mills and increase the operating millage by .25 mills to maintain economic stability. This will not result in any increase to the taxpayer. Shall the School District reduce the capital millage and increase the operating millage each by up to .25 mills for a four year period? YES NO APPROVED and ADOPTED at a Meeting of the District School Board of Collier County, Florida on January 10, 2012: The District Schoo ct Board of Collier County, Florida By: -VZ- Roy Dr. Kamela Patton, Superintendent rd Attorney 13, 2011 Vote by the DSBCC on January 10, 2012: Yes No Roy Terry _X_ Barbara Berry Cathy Curatolo X_ Julie Sprague Patricia Carroll _X_