Resolution 2011-192RESOLUTION NO. "011-192
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 DA VIS 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 OBLIGA TION BONDS THA T SHALL MA TURE 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
RA TE 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 1. FINDINGS. The Board of County Commissioners (the
"Board") of Collier County, Florida (the "County") hereby finds and determines that:
(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" (the "MSTU"), the 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
allowing the MSTU Improvements to be completed sooner than if the MSTU funded
them on an annual basis.
(c) It is in the best interests of the County and the MSTU 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 finance costs of the MSTU Improvements. Such Bonds 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. Early voting may be utilized to the extent allowable by, and in accordance with,
applicable law.
SECTION 4. OFFICIAL BALLOT. The form of ballot to be used shall
.
be in substantially the form as attached hereto as Exhibit "A." The ballots to be used in
the referendum election, including any 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 S. 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. Ballots
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 manner 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
2
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 aforestated 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
aforestated proposition shall be "NO - Against Bonds" votes, such proposition shall be
defeated and the Bonds described herein may not be issued by the County.
SECTION 8. 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 manner 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 manner provided in Section 1 00.342, Florida
Statutes.
SECTION 9. SUPERVISORS OF ELECTIONS. The County Manager
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]
3
SECTION 12. EFFECTIVE DATE. This Resolution shall become
effective immediately upon its adoption.
DULY ADOPTED this 25th day of October, 2011.
(SEAL)
COLLIER COUNTY, FLORIDA
/,
l'"
Fred W.~i::. ~
Board of County Commissioners
I'! . ...~~.
; .~. . t,
AITEST~ y.y~~~o .
'" "\. /'''''''. 'lc-
. . ", ..."
o gYri E.'Bro' "
-, < . . c-.
By: Depijty:Cl~r,\~ : /~
'11..., ..--..:.......
.fIn.............. t
Approved as to Form and Legal
Sufficiency:
~J} R j~
Scott R. Teach
Deputy County Attorney
4
EXHIBIT 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
taxes 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 1 0 years and an interest rate less
than the maximum legal rate, to advance the construction of landscaping/irrigation
improvements within the MSTU?
INSTRUCTIONS TO VOTERS:
YES - FOR BONDS
NO - AGAINST BONDS
EXHIBIT 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 $649,000, 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.