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Resolution 2001-258 RESOLUTION NO. 2001-~ A RESOLUTION ORDERING AND CALLING FOR THE ELECTION OF MEMBERS TO THE BOARD OF SUPERVISORS OF THE LELY COMMUNITY DEVELOPMENT DISTRICT BY QUALIFIED ELECTORS, TO BE HELD AT THE POLLS ON NOVEMBER 6, 2001, AS SET FORTH IN SECTION 190.006, FLORIDA STATUTES. 16L 6 WHEREAS, the Lely Community Development District was established by Rule No. 42K- I, Florida Administrative Code (1990), approved and adopted on December 18. 1990 by the Florida Land and Water Adjudicatory Commission, acting pursuant to the Uniform Community Development District Act of 1980, Chapter 190, Florida Statutes, and Rule 42-Kl, Florida Administrative Code (1990); and WHEREAS, as outlined in Section 190.006, Florida Statutes, a Community Development District of less than 5,000 acres in area must elect members of the Board of Supervisors by qualified electors after a minimum of six (6) years and if there are at least 250 qualified electors in the District; and WHEREAS, the area served by the District is approximately 1,538 acres; and WHEREAS, the number of qualified electors has reached and now exceeds 250 members; and WHEREAS, the Community Development District has been in existence for more than 6 years; and WHEREAS, two (2) of the members of the Board of Supervisors whose terms are expiring or have expired are required to be elected by qualified electors pursuant to Section 190.006, Florida Statutes; and WHEREAS, the Board of County Commissioners of Collier County, Florida, pursuant to general law, herein calls for the election of members to the Board of Supervisors for the Lely Community Development District by qualified electors as set forth in Section 190.006, Florida Statutes. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA. that: SECTION ONE: Election Called. The election is hereby ordered and called to be held at the polls on November 6, 2001, for the purpose of electing two (2) members to the Board of Supervisors of the Lely Community Development District by qualified electors as provided for in Section 190.006, Florida Statutes. Seat NO.2 shall be elected for a four year term. Seat NO.4 shall be elected for a four year term. SECTION TWO: Qualifying Window of Candidates. All candidates shall be qualified electors of the District. The qualifying window for candidates shall be from 12:00 P.M., Noon, on Monday, September 17, 2001, through 12:00 P.M., Noon, on Friday September 21,2001. 16L 6 SECTION THREE: Persons Entitled to Vote. The persons entitled to vote in the election shall be all qualified electors residing within the territorial boundaries of the Lely Community Development District, as described in the metes and bounds legal description of the external boundaries of the District, a copy of which is attached hereby as Exhibit "A." Pursuant to Florida Statutes, the Supervisor of Elections shall close voter registration books on Monday day of October 8, 2001. SECTION FOUR: Election Officials. The election shall be held at the polls for the territorial boundaries of the Lely Community Development District as described in Exhibit "A." The election shall be conducted by election officials appointed by the Supervisor of Elections pursuant to applicable general law. SECTION FIVE: Form of Ballot. A. The ballot to be used in said election shall be in substantially the following form: OFFICIAL BALLOT COLLIER COUNTY. FLORIDA NOVEMBER 6.2001 BOARD OF SUPERVISORS FOR THE LEL Y COMMUNITY DEVELOPMENT DISTRICT BOARD SEAT 2 (FOUR YEAR TERM) [Vote for one (1)] I Name ~ I Name ~ I Name ~ I Name ~ I Name ~ I Name ~ I Name ~ B. The Supervisor of Elect ions shall include on all ballots such instructions to voters as are necessary. SECTION SIX: Notice of Election. The Clerk of this Board shall publish a notice of the election 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 and once in the third week prior to the week in which the election is to be held. Said notice shall be in substantially the following form: 2 16l 6 NOTICE OF BOARD OF SUPERVISORS FOR LELY COMMUNITY DEVELOPMENT DISTRICT ELECTION BY PUNCH CARD BALLOT NOTICE IS HEREBY GIVEN, that an election will be held on November 6,2001. at the polls within the territorial boundaries of the Lely Community Development District as described in "A" to elect members to Seats 2 and 4 of the Board of Supervisors by qualified electors. The election shall be conducted by election officials appointed by the Supervisor of Elections pursuant to applicable general law. All qualified electors residing within the territorial boundaries of the Lely Community Development District as described in "A" may vote in said election. Absentee voting may be permitted upon compliance with applicable provisions of general law. This Resolution adopted this Jt1;J,day of ~ and .majority, yote. , 200 I after motion, second ATTEST: . DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ~:.;~j#;; ~~ "'r~(l Attest as to Chairman's S tgflltMrt on 1 J . Approved as to form and legal sufficiency: t~-~~~.~ David C. Weigel County Attorney h:/Kay/resolutionslLelyCnD election 3