Resolution 2020-022 RESOLUTION NO. 2020 -22
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
THE COUNTY OF COLLIER, FLORIDA, ORDERING AND CALLING A
REFERENDUM ELECTION TO BE HELD ON NOVEMBER 3, 2020,
WITHIN COLLIER COUNTY, TO DETERMINE IF THE ELECTORS OF
THE COUNTY OF COLLIER, FLORIDA APPROVE THE
REESTABLISHMENT OF THE LEVY OF A .25 MIL AD VALOREM TAX
FOR 10 YEARS FOR THE PURPOSE OF CONTINUING TO ACQUIRE,
PRESERVE AND MANAGE ENVIRONMENTALLY SENSITIVE LANDS,
AND PROVIDE COMPATIBLE PUBLIC ACCESS WHEREVER
APPLICABLE TO SUCH LANDS, FOR THE PROTECTION OF WATER
QUALITY, WATER RESOURCES, WILDLIFE HABITAT, AND PUBLIC
OPEN SPACE IN PERPETUITY; PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, Collier County recognizes the need to plan for future growth and has
initiated a long-term program, known as the Conservation Collier Program, to acquire and
manage environmentally sensitive lands in perpetuity for the protection of water quality,water
resources, wildlife habitat and public open space; and
WHEREAS,the electorate of Collier County on November 5, 2002, authorized Collier
County to levy an additional ad valorem tax not exceeding .25 mil for up to ten (10)years and
to issue up to $75 million dollars' worth of limited tax general obligation bonds, to be issued
in one or more series, payable therefrom, in order to finance acquisition and management of
environmentally sensitive lands for the protection of water resources, wildlife habitat and
public open space in perpetuity for purposes of the Conservation Collier Program; and
WHEREAS, Collier County adopted Ordinance No. 2002-63, as since amended, on
December 3, 2002, known as the Conservation Collier Implementation Ordinance, for
purposes of further establishing the Conservation Collier Program; and
WHEREAS, the electorate of Collier County on November 7, 2006, reaffirmed the
November 5, 2002 electorate vote and funding of the Conservation Collier Program continued
through the year 2013; and
WHEREAS, the Board of County Commissioners generally determined at a public
hearing on January 28, 2020, that it would be in the best interests of the Conservation Collier
Program and the public to determine whether the electorate wished to continue to be subject
to a levy of up to a .25 mil ad valorem tax for 10 years to acquire and manage additional
environmentally sensitive lands through the Conservation Collier Program; and
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WHEREAS, if the electorate of Collier County wishes the Board of County
Commissioners to reestablish a levy up to a .25 mil ad valorem tax for 10 years, additional
environmentally sensitive lands may be acquired and managed by the County through the
Conservation Collier Program for protection of water quality, water resources, wildlife
habitat, and public open space in perpetuity.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS, COLLIER COUNTY, FLORIDA, at an open meeting duly assembled
in the Board of County Commissioners' Chambers at 3299 East Tamiami Trail, Naples,
Florida, this 28th day of January 2020, as follows:
SECTION 1. Findings.
It is found and declared that:
(A) This Resolution is adopted pursuant to applicable provisions of law.
(B) It is desired to ask the electors of the County if they desire the Board of County
Commissioners to authorize the annual levy of an additional ad valorem tax not
exceeding .25 mil for 10 years for the purpose of continuing to fund the Conservation
Collier Program's acquisition and management of environmentally sensitive lands for
the protection of water quality,water resources, wildlife habitat and public open space
in perpetuity.
(C) The expenditures authorized serve a paramount public purpose and benefit.
(D) The recitations of the preamble are hereby adopted as findings herein.
SECTION II. Referendum Election Ordered.
A referendum election is hereby ordered to be held in Collier County, Florida, on
November 3, 2020, to determine whether or not to reestablish the levy of an ad valorem tax
not to exceed .25 mil for 10 years for the aforesaid purposes shall be approved by the electors
of the County.
SECTION III. Voting.
The polls will open at the voting places on the date of such election from 7:00 a.m. to
7:00 p.m. on the same day. All qualified electors residing within the County shall be entitled
and permitted to vote at such an election as hereinafter provided. The referendum election
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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 the County Canvassing Board to
be comprised by law, 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 IV. Ballots.
The ballots to be used in the referendum election shall be on plain white paper, or
otherwise permitted electronic format, with a written description of the proposed continuing
levy of the tax, and which will provide facilities for qualified electors to vote for or against
the continuing levy of the tax as they may choose. Voting equipment shall be used at such
referendum election as the Supervisor of Elections deems appropriate and as permitted by
law. The question appearing on the ballots to be used in the referendum election shall be in
substantially the following form:
BALLOT
REESTABLISH FUNDING FOR CONSERVATION COLLIER TO
PROTECT WATER QUALITY, WATER RESOURCES, AND
WILDLIFE HABITAT
SHALL COLLIER COUNTY REESTABLISH THE LEVY OF A .25 MIL
AD VALOREM TAX FOR 10 YEARS FOR THE PURPOSE OF
CONTINUING TO ACQUIRE, PRESERVE AND MANAGE
ENVIRONMENTALLY SENSITIVE LANDS, AND PROVIDE
COMPATIBLE PUBLIC ACCESS WHEREEVER APPLICABLE TO
SUCH LANDS, FOR THE PROTECTION OF WATER QUALITY,
WATER RESOURCES, WILDLIFE HABITAT, AND PUBLIC OPEN
SPACE IN PERPETUITY?
YES
NO
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SECTION V. Vote-by-mail voting.
Adequate provision shall be made for vote-by-mail voting. Ballots used shall be
suitable for voting by mail. Vote-by-mail ballots shall be in substantially the form set out
above and in accordance with the Florida Election Code.
SECTION VI. Results of Election.
Returns 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 continuing levy of the tax shall be "YES", such tax may
be levied by the County pursuant to the terms and provisions of applicable law, ordinances, or
resolutions. The public should note, however, that this ballot is in the nature of a "straw"
ballot to understand the desires of the electorate and the County has the legal right in
accordance with applicable law to continue or discontinue the levy regardless of the vote.
Regardless of the results of the election, the Supervisor of Elections is hereby directed to submit
such results to the Department of State pursuant to Section 100.351, Florida Statutes.
SECTION VII. Publication of Resolution and Notice.
At least 30 days' notice of the election shall be published in the Naples Daily News,
or any other newspaper of general circulation within the County, at least twice, once in the
fifth week and once in the third week prior to the week in which the election is held, in the
manner provided in Section 100.342, Florida Statutes. The notice of election shall be in
substantially the following form:
NOTICE OF TAX
REFERENDUM COUNTY OF
COLLIER, FLORIDA, ON
NOVEMBER 3, 2020
NOTICE IS HEREBY GIVEN THAT A COUNTY OF
COLLIER, FLORIDA, TAX REFERENDUM will be held on
the 3`d day of November 2020, in the County of Collier, Florida,
for the purpose of determining whether an ad valorem tax not
exceeding .25 mil shall continue to be levied for 10 years for the
purpose of continuing to fund the Conservation Collier Program's
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acquisition, management and preservation of environmentally
sensitive lands, and compatible public access to such lands, for
the protection of water quality, water resources, wildlife habitat
and public open space.
The polls will be open at the voting places on the date of
referendum election at 7:00 a.m. to 7:00 p.m. on the same day,
all as provided in Resolution No. 2020-22 adopted by the Board
of County Commissioners of Collier County, Florida on, which
is a matter of public record.
All qualified electors residing within the County of Collier shall
be entitled, qualified and permitted to vote at such election.
The County of Collier, Florida
Burt L. Saunders, Chairman
Board of County Commissioners
SECTION VIII. Effective Date.
This Resolution shall go into effect immediately upon its passage and adoption.
THIS RESOLUTION ADOPTED after motion, second, and majority vote favoring
same, this 28th day of January, 2020.
ATTEST: r•,, ' BOARD OF COUNTY COMMISSIONERS
CRYST ,•K:IN EL, CLERK COLLIER OUNTY, FLORIDA
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By: 1 ,` " ¢ By:
Deputy\Cl=�Y Burt L. Saunders, CHAIRMAN
Attest as to Chairman's
signature only.
Approved as to form and legality:
Jenni er A. Belpedio
Assistant County Attorney I j 3 a J aDa 0
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