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Resolution 2006-242 RESOLUTION NO. 2006- 242 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA ORDERING AND PROVIDING FOR HOLDING OF A REFERENDUM BALLOT ELECTION TO DETERMINE IF THE REGISTERED ELECTORS OF THE FOREST LAKES ROADWAY AND DRAINAGE MUNICIPAL SERVICE TAXING UNIT OF COLLIER COUNTY, FLORIDA APPROVE THE ISSUANCE OF $6,250,000.00 IN BONDS, IN ORDER TO FINANCE THE PROVISION AND MAINTENANCE OF IMPROVED ROADWAY LIGHTING, ROADWAY-RELATED DRAINAGE AND ROADWAY RESTORATION WITHIN THE FOREST LAKES ROADWAY AND DRAINAGE MUNICIPAL SERIVCE TAXING UNIT, AND PURPOSES INCIDENTAL THERETO, WITH A MATURITY NOT EXCEEDING FIFfEEN (15) YEARS FROM ISSUANCE THEREOF, BEARING INTEREST NOT EXCEEDING THE MAXIMUM LAWFUL RATE, PAYABLE FROM AD VALOREM TAXES LEVIED ON ALL TAXABLE PROPERTY WITHIN THE MUNICIPAL TAXING UNIT NOT EXCEEDING FOUR (4) MILLS. WHEREAS, the Board of County Commissioners adopted Ordinance Number 122-1776, which created the Forest Lakes Roadway and Drainage Municipal Service Taxing Unit (hereafter, the "MSTU"), for the purpose of providing and maintaining improved roadways lighting, roadway related drainage and roadway restoration within the designated boundaries of the MSTU; and WHEREAS, the MSTU's current ad valorem tax of four (4) mills as authorized by the Board of County Commissioners is insufficient to make substantial and necessary progress in the repair and maintenance of the MSTU's identified roadway lighting, roadway related drainage and roadway restoration capital projects; and WHEREAS, the MSTU's advisory committee seeks to promote the prompt, efficient and most economical provision, repair and maintenance of the MSTU on behalf of its residents by requesting that that a bond referendum be included in the November 2006 general election; and WHEREAS, the Board of County Commissioners desire to determine by referendum ballot if a majority of the qualified registered electors of the MSTU approve of the issuance of bonds to further fund the necessary repair and maintenance of the MSTU as designated in Ordinance Number 122-1776; and WHEREAS, the Board of County Commissioners of Collier County, Florida, finds it to be in the best interests of the citizens of Collier County to place this funding issue before the qualified registered electors of the MSTU as a bond referenda on the November 7, 2006 general election; and NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, IN OPEN MEETING DULY ASSEMBLED IN THE BOARD OF COUNTY COMMISSIONERS CHAMBERS, that: SECTION ONE REFERENDUM ELECTION CALLED A ballot referendum is hereby ordered and called to be held during the general election on November 7, 2006 for the purpose of submitting to the qualified registered electors of the MSTU the question of whether they want the Board of County Commissioners to authorize the issuance of bonds to finance the provision and maintenance of improved roadway lighting, roadway-related drainage and roadway restoration within the Forest Lakes Roadway and Drainage Municipal Service Taxing Unit in the total bond amount of $6,250,000.00. SECTION TWO PERSONS ENTITLED TO VOTE All qualified registered electors of the MSTU shall be entitled and permitted to vote at such an election as hereinafter provided. SECTION THREE MANNER OF ELECTION The referendum election 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 a county canvassing board to be comprised of a county court judge, a member of the Board of County Commissioners and the Supervisor of Elections (collectively, the "Canvassing Board") 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 FOUR FORM OF THE BALLOT A. The ballots to be used in the referendum election shall be on paper and/or in accordance with an otherwise permitted electronic format, with a written description of the proposed issuance of the bonds, which will allow qualified registered electors of the MSTU to vote for or against the issuance of the bonds as they may choose. The Supervisor of Elections 2 will facilitate the use of all voting equipment she deems as appropriate and permitted by law. The question appearing on the ballots to be used in the referendum election shall be in substantially the following form: OFFICIAL BALLOT FOREST LAKES ROADWAY AND DRAINAGE MUNICIPAL SERVICE TAXING UNIT: ISSUANCE OF BONDS TO FINANCE MAINTENANCE Shall the provision and maintenance of improved roadway lighting, roadway- related drainage and roadway restoration within the Forest Lakes Roadway and Drainage Municipal Service Taxing Unit be financed by issuing bonds not exceeding $6,250,000.00, with a maturity not exceeding fifteen (15) years from issuance thereof, bearing interest not exceeding the maximum lawful rate, payable from ad valorem taxes levied on all taxable property within the Municipal Service Taxing Unit not exceeding four (4) mills? YES (FOR BONDS) NO (AGAINST BONDS) B. The Supervisor of Elections shall include on all ballots such instructions to voters as are necessary. SECTION FIVE NOTICE OF ELECTIONS Notice of the referendum ballot shall be published 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, one in the fifth week and one in the third week prior to the week in which the referendum election is to be held in the manner provided in Section 100.342, Florida Statutes. Said notice shall be substantially in the following form: NOTICE OF BOND REFERENDUM ELECTION FOR THE FOREST LAKES ROADWAY AND DRAINAGE MUNICIP AL SERVICE TAXING UNIT, COLLIER COUNTY, FLORIDA NOVEMBER 7,2006 NOTICE IS HEREBY GIVEN, that a bond referendum will be held during the general election on November 7, 2006 in Collier County, Florida to determine if the qualified registered electors of the Forest Lakes Roadway and Drainage Municipal Service Taxing Unit want the Board of County Commissioners to authorize the issuance of bonds to finance the provision and maintenance of improved roadway lighting, roadway-related drainage and roadway restoration within the Forest Lakes Roadway and Drainage Municipal Service Taxing Unit in the total bond amount of $6,250,000.00, with a maturity not exceeding fifteen (15) years from issuance thereof, bearing interest not exceeding the maximum lawful rate, payable from ad valorem taxes levied on all taxable property within the Municipal Service Taxing Unit not exceeding four (4) mills? The election shall be conducted by election officials appointed by the Supervisor of Elections pursuant to applicable general law. All qualified registered electors within the Forest Lakes Roadway and Drainage Municipal Service Taxing Unit may vote on said referendum. 3 Collier County, Florida Frank Halas, Chairman Board of County Commissioners SECTION SIX 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 issuance of the bonds shall be "YES" (For Bonds), such bond issuance shall be approved, and bonds shall be issued by the County pursuant to the terms and provisions of applicable law, ordinances, or resolutions. Regardless of the results of the election, the County Manager is hereby directed to submit such results to the Department of State pursuant to Section 100.351, Florida Statutes. THIS RESOLUTION is adopted after motion, second, and majority vote favoring adoption this I J.. th day of September 2006. ATTEST: DWIGHT' E.BROCK, Clerk -~~~ It_tire .If. By: BOARD OF COUNTY COMMISSIONERS COUNTY OF COLLIER, FLORIDA ..-.._~,~~ :.,;;~~~~ Frank Halas, Chairman Approved as to y,m zegal Sufficiency: ~jf-/,- ; "L Scott R:Teach, . Assistant County Attorney 4