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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. Packet Page -12g - 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 Packet Page 1253- 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 Packet Page 1255- 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 Packet Page 1256- 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 Packet Page -1257- 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] Packet Page -1258 - 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 Packet Page 1259- 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 Packet Page 1260 n 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. Packet Page -1261-