Resolution 386-1998
RESOLUTION NO. 386. 1998
A RESOLUTION ORDERING AND PROVIDING FOR THE HOLDING OF A
REFERENDUM ELECTION TO DETERMINE IF THE ELECTORS OF THE DISTRICT 6
MUNICIPAL SERVICE TAXING UNIT OF MONROE COUNTY, FLORIDA
APPROVE LIMITED AD VALOREM TAXATION ON ALL TAXABLE PROPERTY IN
THE DISTRICT 6 MUNICIPAL SERVICE TAXING UNIT TO FINANCE
CONSTRUCTION AND OPERATION OF A COMMUNITY POOL AND THE
ISSUANCE OF NOT EXCEEDING $4,000,000 OF DISTRICT 6 MUNICIPAL
SERVICE TAXING UNIT LIMITED GENERAL OBLIGATION BONDS PAYABLE
FROM SUCH TAXES; PROVIDING AN EFFECTIVE DATE
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,
FLORIDA;
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Section 1. AUTHORITY FOR THIS RESOLUTION. This Resolution is ad~ p~~<tY
to Chapter 125 and Chapter 100, Florida Statutes. fTI;;:K::-< t; . .....
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A. Pursuant to Section 2-235 of the Monroe County Cod~ t~ ~uni
established municipal service taxing or benefit units, including a unit de~ib:;rd ~tha:IJ
part of Key Largo from South Bay Harbor Drive and Lobster Lane to the southern boundary
of the intersection of the right-of-way County roads 905 and 905A plus Cross Key (the
"District 6 MSTU").
Section 2.
FINDINGS. It is found and declared:
B. The financing of the cost of a community pool and certain related aquatic
recreational facilities within the District 6 MSTU, including working capital expenditures
related thereto (collectively, the "Project"), are projects for which general obligation
bonds payable from limited ad valorem taxes may be issued pursuant to Section 12,
article VII of the State Constitution.
C. The financing of the Project within the District 6 MSTU IS a proper public
purpose.
D. It is in the best interest of Monroe County, Florida (the "County") and the
District 6 MSTU and the residents and property owners thereof to issue bonds to finance
the Project within the District 6 MSTU payable from limited ad valorem taxation, and from
any other legally available funds of the County, if necessary.
Section 3. BONDS AUTHORIZED. That, subject to the referendum election
hereafter provided for and enactment of an ordinance and/or resolution, as required,
providing for the issuance thereof, the District 6 MSTU may issue and sell not exceeding
$4,000,000 of limited general obligation bonds for the purpose of financing the Project
within the District 6 MSTU and to pay the costs related to issuing such bonds. The bonds
shall mature over a period not to exceed twenty (20) years from the date of the bonds,
shall bear interest payable semi-annually or at maturity or redemption at a market rate or
rates not exceeding the maximum allowed by law at the time of sale, shall be dated,
subject to redemption, in the form and contain reasonable covenants, all as provided by
subsequent resolutions of the Board of County Commissioners of the County. The bonds
and the interest thereon shall be limited general obligations of the District 6 MSTU for the
payment of which the limited full faith and credit and taxing power of the District 6 MSTU
shall be pledged. The bonds shall be payable from limited ad valorem taxes on all
taxable property in the District 6 MSTU levied at a rate not to exceed three quarters (3/4)
of one mill (.75 mill) for a period of five years and one quarter (1/4) of one mill (.25 mill) for
an additional period of 15 years.
Section 4. ELECTION ORDERED. A bond referendum election be and is hereby
ordered to be held in the District 6 MSTU on November 3, 1998, to determine whether or
not issuance of said bonds and the levying of ad valorem taxes for said purpose shall be
approved by the electors of the District 6 MSTU.
Section 5. VOTING. The places and times of voting and the Inspectors and
Clerks for the polling places for the bond election shall be the same places and times
and persons as for the General Election to be held on the same date. All qualified
electors residing within the District 6 MSTU shall be entitled and permitted to vote at such
bond election as herein provided.
Section 6. BALLOTS. The form of ballot to be used shall be in substantially the
following form:
OFFICIAL BALLOT
MONROE COUNTY, FLORIDA
BOND REFERENDUM ELECTION - NOVEMBER 3, 1998
APPROVAL OF TAXATION AND BONDS TO FINANCE
A COMMUNITY POOL WITHIN THE DISTRICT 6 MSTU
Shall District 6 MSTU be authorized to finance construction and operation of
community pool and related costs, by levying ad valorem taxes at rates not
exceeding 3/4 of one mill (.75 mill) for not exceeding 5 years and 1/4 of one
mill (.25 mill) for not exceeding an additional 15 years and to issue not
exceeding $4,000,000 of Limited General Obligation Bonds bearing interest
at market rates at time of sale and payable from such taxes.
Instructions to Voters
Yes - For Pool Tax and Bonds
No - Against Pool Tax and Bonds
Section 7. INSTRUCTIONS. Provision shall be made for instructions to the voters
all as provided by general law.
Section 8. ABSENTEE VOTING. Adequate provision shall be made for absentee
voting. Paper ballots shall be used at the bond election for absentee voting. The ballots
to be used in said bond election for absentee voters shall be in substantially the form set
out above.
Section 9. ELECTION PROCEDURE. The Supervisor of Elections shall hold,
administer and conduct the Bond referendum election in the manner prescribed by law
for holding elections in the County. Returns shall show the number of qualified electors
who voted at such bond election on the proposition and the number of votes cast
respectively for and against approval of the proposition. The returns shall be canvassed in
accordance with law.
Section 10. RESULTS OF ELECTIONS. The Supervisor of Elections shall canvass the
ballots and certify same to the Board of County Commissioners. The Board of County
Commissioners shall, in turn, canvass the votes and declare the results thereof and such
returns shall be recorded in the minutes of the Board of County Commissioners at the first
meeting after such certification. If a majority of the votes cast at such election in respect
to the issuance of such bonds shall be "FOR BONDS," such issuance shall be approved;
and then the particular bonds, the issuance of which shall be thereby approved, may be
issued as herein provided by the Board of County Commissioners.
Section 11. NOTICE OF ELECTION. The Clerk of the Board of County
Commissioners is hereby authorized and directed to place a notice of this referendum
election in a newspaper of general circulation published in the County. The first
publication shall be made at least thirty (30) days prior to the referendum and shall be
made at least four times, once in the fifth week and once a week thereafter for each
consecutive week prior to the week in which the referendum is deemed to be held. The
notice of referendum shall be substantially the following form:
MONROE COUNTY, FLORIDA
Notice of bond election to be held on November 3, 1998, as provided by
Resolution No. -1998 of the Board of County Commissioners of Monroe
County, Florida, adopted on September 17, 1998.
NOTICE IS HEREBY GIVEN THAT AN ELECTION shall be held on the 3rd day of
November, 1998, in the District 6 MSTU more particularly described as that part of Key
Largo from South Bay Harbor Drive and Lobster Lane to the southern boundary of the
intersection of the right-of-way County roads 905 and 905A, plus Cross Key, for the
purpose of determining whether or not limited general obligation bonds of the District 6
MSTU may be issued to finance the cost of a community pool and related aquatic
facilities within the District 6 MSTU and certain working capital expenditures and issuance
costs related thereto, in an aggregate principal amount of not exceeding $6,000,000,
bearing interest, payable semi-annually, or at maturity or redemption, at such market
interest rate or rates not exceeding the maximum legal rate at the time of sale thereof,
maturing over a period of not to exceed twenty (20) years from the date of the bonds, all
as shall be determined by a resolution of the Board of County Commissioners at or prior to
the time of sale, payable from limited ad valorem taxation on all taxable property in the
District 6 MSTU levied at a rate not to exceed three quarters (3/4) of one mill (.75 mill) for a
period of five years and one quarter (1/4) of one mill (.25 mill) for an additional period of
15 years, as provided in the resolution of the Board of County Commissioners of Monroe
County, Florida adopted September 17, 1998.
As required by said Resolution of the Board of County Commissioners of Monroe
County, Florida, this Notice is given by publishing the foregoing Resolution in full as follows:
Section 12. EFFECTIVE DATE. This Resolution shall become effective immediately
upon its adoption.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a special meeting of said Board held on the 17th day of September, 1998.
yes
yes
yes
Y~1:)
yes
BOARD OF COUNTY COMMISSIONERS
OF MON C8UNTY, FLORIDA
~~
Mayor/Chairman
B
jresirefll.98
7~
Serving the Florida Keys
P.O. Box 1197 · Tavernier, Florida 33070-1197
(305) 852-3216 Fax: (305) 852-8249
STATEMENT OF PROOF OF PUBLICATION
USPS #905580
STATE OF FLORIDA )
COUNTY OF MONROE )
Before the undersigned authority personally appeared DONNA STUTTS, who on oath, says that she is
PUBLISHER of THE REPORTER, a weekly newspaper entitled to publish legal advertising published
at Tavernier, Monroe County, Florida: that the attached copy of advertisement, being a legal ad.
NOTICE OF REFERENDUM, 10/08/98, 10/15/98, 10/22/98 & 10/29/98 ISSUES
Affiant further says that the said REPORTER is a newspaper published at Tavernier, in said Monroe County,
Florida, and that the said newspaper has heretofore been continuously published in the said Monroe County,
Florida, each week (on Thursday), and has been entered as second class mail matter at the Post Office in
Tavernier, in said County of Monroe, Florida, for a period of one year next preceding the first publication
of the attached copy of advertisement;
and affiant further says that she has neither paid nor promised any firm, person, or corporation any discount,
rebate, commission or refund for the purpose of securing this said advertisement for publication in the said
;;;; (9:1-6
SEAL
SWORN TO AND SUBSCRIBED BEFORE ME THIS 29TH DAY OF OCTOBER A.D. , 1998
/J)~ ~? ~
NOTARY PUBLIC
MY COMMISSION EXPIRES:
~t.I\y l'lIo.
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;J~//~.' Of fl,Q~~"
DAVEE R DOVE
(,17 O"".....~6i6" BGtlt878
Explnoe Feb. 06. 1818
Bonded by ANB
800.852.5878
NOTICE OF
REFERENDUM
NOTICE IS
HEREBY GIVEN that the
Board of County
Com!llissioners of Monroe
County, Florida, has caused
tobe.Placed on the ballot at
the Presidential preference
primary
election in Monroe County
to be held on November 3,
1998, the following referen-
dum question:
BOND REFERENDUM
ELECTION -
NOVEMBER 3, 1998
APPROVAL OF TAXA-
TION AND BONDS TO
FINANCE A COMMUNI-
TY POOL WITHIN THE
D1STRlcr 6 MSTU
Shall District 6 MSTU be
aUthorized to frnance con-
struction and operation of a
communiI)' pool and related
costs, by levying ad val-
orem taxes at rates hot
exceeding 3/4 of one mill
(.75 mill) for not exceeding
5 years and 1/4 of one mill
(.25 mill) for not exceeding
an additional 15 years and
to issue not exceeding ,
$4,000,000 2-year Limited
General Obligation Bonds
.bearing interest at market
rates and payable from such
taxes.
Yes -For Pool Tax.
& Bonds
No- Against Pool
- Tax & Bonds
Only those electors residing
within Municipal Service
Tlpdng District 6 (Key
Largq from South Bay
Harbor and Lobster Lane to
the southern boundary of
the intersection of the right-
of-wl!)' of County Roads
905 and 90SA plus ClOSS
Key) may vote in the refer-
eJNlun\.
APROBACION DE TRIO-
UTACION Y BONOS
PARA FINANCIA UNA
PISCINA COMUNITARIA
EN LA UNlOAD DE
TRIBUTACION Y SERVI-
CIOS MUNICIPALES DEL
DfSTRITO (,
Debera autorizarse a la
Unidad de Tributacion y
Servicios Municipalesdel
Distrito para que financie la
construccion y el fun-
cionamiento de la piscina
eomunitaria y los gastos .
rel8cionados mediante el
gravamen do impuestos ad
valorem con tasas que no
excedan los tres cuartos de
milesima de dolar (.75 de
amillaaramiento) durante no
mas de cinco anos y un
cuarto de milesima de dolar.
(.~~ ~e"l!/1liYl\!'l!!t!i~ i ;: ~ ;,
durante no mas de quince
anos adicionales y para que
em ita no mIlS de $4,000,000
20-anos &nos de --
Olbigacion General
Limitada con una tasa de
interes acorde con las del
mercado y paagaderos con
dichos impuestos?
I nstrucciones para los elec-
tores
_ Si, a favOf' del
impuestoy de los bonos
para la piscina
_ NO,encontra del
-impuesto y de los bonos
para lapiscina
DATED atKey West,
Florida, this 18th day of
September, 1998
DANNy L. KOLHAGE,
Clerk of the Circuit Court
and ex officio Clerk Clf the
--.rOOd of County
Commissioners of Monroe
County, Florida
Publish~d: 10/8, lOllS,
10/22 & 10/29/98
The Re,orter
Tavernier, FL
PROOF OF PUBLICATION
f
.... .
THE FLORIDA KEYS KEYNOTER
Published Twice Weekly
MARATHON, MONROE COUNTY, FLORIDA
STATE OF FLORIDA )
COUNTY OF MONROE)
Before tbe undersigned autbority personally appeared _Zorn. S:.huma~er _____ wbo on oatb. says tbat he/she is
>i-
____!_~!sher____ of the FLORIDA' KEYS KEYNOTER. a twice weekly newspaper published at MARATHON,
in MONROE COUNTY. FLORIDA; that the attached copy of advertisement. being Notice of Referendum
Bond Referendum Election November 3, 1998 Community Pool
IN THE MATTER OF: in the
.--------------""----
Court waapliblished in said newspaper in the issues of
October 3, 1998
----------------.
Alliant furtber says that the said FLORIDA KEYS KEYNOTER fa a newspaper
at MARATHON. in said MONROE COUNTY, FLORIDA, and thai the said news-
paper has heretofore been continuously published in said MONROE COUN-
TY, FLORIDA, twice each week (on Wednesday and Saturday) and has been
entered as second class mail matter at the post office in MARATHON, in
said MONROE COUNTY, FLORIDA, for a period of one year next precedinl
the first publication of the attached copy of advertisement; and affiant ful'-
ther says that he has neither paid nor promised any person, firm, or corpo- .
ration any discount, rebate, commission or refund for the purpose of secur-
ing this advertisement for pubUcation in the said newspaper.(SEAL)
SEE REVERSE SIDE
~
(seal)
SWORN TO AND SUBSCRIBED BEFORE ME THIS 5th
DA Y OF
October
A.D. 19 98
~~a-~
L
., _.~
),?q::~~"i)">.' .
.~ NGl'UOFJAEFEMNOUM,
NoTa: is HlJiBY GMN.UIat
the Board of Countv Commis-
$ioMr. of Morn'oe CountV. Flori-
da., h_ C8IISlICt to be, pteced on
the, ballot al the Pt'e$idential
-'-nee IIrimarv election in
..III0,nr0e County to be. held on
... t1oj1ember 3. 19~8, the. follow-
:~~i~..~~:'?,~-
'." -, BON.DF RE. FERENDUM
,"''i11111ct'tMl1t l<HOVlM8Ef.l ~:.
1<; !.~;:~.~'~,-'::~:'~:.~,~~;-~~ ,;,_:_'.;.."
'-'''oQ. v. AlOFTA>Wt. JON..
, , BONDS 'to FINANCE A
r. . "~WlmN
.~ ..J 1 THE DtSTRlCl eMSTU
-;~_..,.Y _ " _ - . ;j..,-f:f;
"I.~trict (lUSTUbe_ho-
, , .to tiiMiftde) "'lXIfIsUl:Iction
~.' ~f/If,.!C~\
'J. .. 8IldNllMellISOS1S;br~
~" J~~a= :J?~"&
i1'~' .....,ttd'iIlOt'~...5
;) i'iIwia ,.(4.,,'_ d. f; ;-:25
.,. . I for notellCeeding en; liddj>.'
" .tiol\a1 15 ~ and to is.- not
elleeedng $4;000,000 '20-.,..,
~ Gentltal. Obligation
Bonds beating intere.t ;al mar-
ket rates 8nd ~8bIe from such
talleS.
;' ","~.;..;.,.y.,s~ f,,~ ~pdITax arid
: fJoft~">,, .,..!' r.,"
~tij~~~f~*\~~r::.~~
Doibet.~...;..~
de 'T1'.ibIIt,p,n rServiciosMlI-
, ilicip8les del,Oi$trito pi,ra que 1"1-
. n~ III cons~VeJ fun-
'C:iCinamiMl:o.~sCinacomu-
~\' 1N......feIacionados
met!liante. eI . gr8llainen' de im-
puestQ$. ~ ..IIl!k!rem.. CQII tases.,
q~'",~~.~ ~."......t9s'
de '".$ima de dolar (.75 de
. . toldurante no mas
~ ..t\lii~de
, mi 'dolaH;~5-. amil-
.. (ar~_np"'ma!l de
~.9uin- _adi<:le...."y., para
'.: ~r emita no jaM'. ~
.'. j41000,OOO 2O-amos B
!~GeIIer .
0. ~.... deil'l . .
, ,!fa del mer
\~~!,,~";
'.'...'.'.~. .to\'.'1Js....~...=......r4...... i...i.. '... j
'.~a ... /', .<; j~
;.~~st;~~t:!i~i~~t
pisoina
DATED at t(ev,'W....l"t0rid8.~
this 18th day of Septet'nber.
1998. ' ,
DANNY l. t(OlHAGE.,Cter1< of
.1tle . CirCUit~. .' 8l<officio
..'.. ! Qert(of1hil ' ,. tv
" I cGmfniejj . HI . roe
I ; " ,).. L~fy,.f1prida.
. P uCalb" .&tM3;'~ ~, .
FIopid8l(ays KeynOter .
--'---~ I ~ _