HomeMy WebLinkAbout2004-062u3, .
RESOLUTION NO. 2004- 062
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER
COUNTY, FLORIDA CALLING A BOND REFERENDUM ELECTION FOR THE ISSUANCE
OF GENERAL OBLIGATION BONDS; PROVIDING THE FORM OF THE BALLOT TITLE AND
THE BOND REFERENDUM QUESTION; PROVIDING FOR PLACES OF VOTING, PRINTING
OF BALLOTS AND BOND REFERENDUM ELECTION PROCEDURE; PROVIDING FOR
EFFECT OF REFERENDUM RESULTS; PROVIDING FOR A GENERAL DESCRIPTION OF
THE PROJECTS TO BE FUNDED BY THE BONDS ISSUED PURSUANT TO THE BOND
REFERENDUM QUESTION; PROVIDING AUTHORIZATION FOR NECESSARY ACTION;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, on August 18, 1992, the Indian River County Board of County
Commissioners ("Board") adopted Resolution No. 92-146, calling for a bond referendum as
more specifically set forth in the resolution; and
WHEREAS, on November 3, 1992, Indian River County, Florida (the "County")
conducted a bond referendum that was approved by a majority of the voters voting thereon,
concerning whether the County should be authorized to acquire environmentally significant land
to protect water quality, open spaces and wildlife habitat, by issuing one or more series of
general obligation bonds (collectively, the "1992 Bonds"), as more specifically set forth in the
referendum question (the "1992 Referendum"); and
WHEREAS, the Board created a Land Acquisition Advisory Committee to determine the
types of lands that should be acquired by the County and adopted a Land Acquisition Advisory
Guide, now known as the Environmental Lands Program Guide (the "Environmental Lands
Program Guide") that sets forth in detail the selection and acquisition methodology and criteria
for the types of land to be acquired with the proceeds of the 1992 Bonds; and
WHEREAS, the proceeds of the 1992 Bonds are all allocated to purchase lands on the
current Land Acquisition Advisory Committee land acquisition list; and
WHEREAS, the Land Acquisition Advisory Committee has requested that the Board
call for a new referendum on a new land acquisition bond question to allow for the acquisition of
lands to protect water resources, drinking water sources, environmentally significant lands,
historic sites, agricultural lands, open spaces, and/or wildlife habitat; and
WHEREAS, it is in the best interest of the citizens of the County that all appropriate
actions be taken to allow for the acquisition of lands to protect water resources, drinking water
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sources, environmentally significant lands, historic sites, agricultural lands, open spaces, and/or
wildlife habitat; and
NOW THEREFORE BE IT RESOLVED by the Board of County Commissioners of Indian River
County, Florida, that:
SECTION 1. AUTHORITY FOR THIS RESOLUTION. This Resolution is adopted
pursuant to the authority granted to the County by Chapter 125 and Chapter 100, Florida
Statutes, and other applicable provisions of law.
SECTION 2. BOND REFERENDUM ELECTION. A bond referendum election of the
qualified electors residing in the County is hereby called to be held in Indian River County,
Florida during the general election on November 2, 2004 (the "2004 Referendum"), and the
Supervisor of Elections shall cause to be placed on the ballot for the November 2, 2004 general
election, the bond referendum question set forth in Section 3 of this Resolution. All qualified
electors residing in the County shall be entitled and permitted to vote in such bond referendum
election.
SECTION 3. OFFICIAL BALLOT. The form of ballot to be used shall be in
substantially the following form:
OFFICIAL BALLOT
COUNTY OF INDIAN RIVER, FLORIDA
BOND REFERENDUM ELECTION - NOVEMBER 2, 2004
WATER RESOURCES PROTECTION, ENVIRONMENTALLY SIGNIFICANT LANDS,
OPEN SPACE AND WILDLIFE HABITAT PRESERVATION
TO ACQUIRE AND PRESERVE LAND TO PROTECT WATER RESOURCES, DRINKING
WATER SOURCES, ENVIRONMENTALLY SIGNIFICANT LANDS, HISTORIC SITES,
AGRICULTURAL LANDS, OPEN SPACES, AND/OR WILDLIFE HABITAT, SHALL INDIAN
RIVER COUNTY BE AUTHORIZED TO ISSUE GENERAL OBLIGATION BONDS WITH
MATURITIES NOT EXCEEDING 15 YEARS AT INTEREST RATES NOT EXCEEDING THE
LEGAL MAXIMUM IN AN AMOUNT NOT EXCEEDING $50 MILLION PAYABLE FROM AD
VALOREM TAXES NOT EXCEEDING Y2 MILL, WITH PROJECT SPENDING SUBJECT TO
ANNUAL INDEPENDENT AUDIT?
For Bonds
Against Bonds
SECTION 4. PLACE OF VOTING. The places of voting and the inspectors and clerks
for the polling places for the bond referendum election shall be the same places and persons as
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for the general election to be held on the same date. The polls will be open in accordance with
law relating to general elections at the various voting places from seven (7) o'clock a.m. until
seven (7) o'clock p.m. on the same day.
SECTION 5. ABSENTEE VOTING. The form of ballot to be used in the election for
absentee voters shall be substantially the form provided in Section 3 above.
SECTION 6. PRINTING OF BALLOTS. The Supervisor of Elections of Indian River
County is authorized and directed to have printed on plain white paper a sufficient number of the
aforesaid ballots for use of absentee electors entitled to cast such ballots in such bond election
and shall also have printed sample ballots and deliver them to the Inspectors and Clerks on or
before the opening of the polls for such bond election for the voting places; and, further, is
authorized and directed to make appropriate arrangements for the conduct of the election at the
polling places specified.
SECTION 7. BOND REFERENDUM 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 Indian River County. Returns shall show the number
of qualified electors who voted as such bond referendum election on the proposition and the
number of votes cast respectively for and against approval of the bond referendum proposition.
The returns shall be canvassed in accordance with law.
SECTION 8. BOND REFERENDUM ELECTION RESULTS. If a majority of the votes
cast at such bond referendum election in respect to the bond referendum proposition shall be
"For Bonds," such proposition shall be approved and then the particular bonds, the issuance of
which shall be thereby approved, shall be issued as hereafter provided by the County. If less
than a majority of the votes cast at such referendum shall be "Against Bonds," such proposition
shall be defeated and no bonds may be issued and no ad valorem tax shall be levied therefor.
SECTION 9. NOTICE OF BOND REFERENDUM ELECTION. Notice of the bond
referendum election shall be published in the manner required by law.
SECTION 10. AUTHORIZING NECESSARY ACTION. The Board hereby authorizes
the proper officials to do all things deemed necessary in connection with the holding of the bond
referendum election, to the extent provided by law and in this Resolution
SECTION 11. AUTHORIZATION OF BONDS. Subject to and pursuant to the
provisions hereof, one or more series of general obligation bonds of Indian River County,
Florida are authorized to be issued, from time to time, in an aggregate principal amount not
exceeding $50,000,000 and maturing not later than fifteen (15) years from the date of issuance
of each respective series to finance the cost of the purposes generally described in Section 13
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of this Resolution ("Bonds"), including allocations for administrative costs, legal fees, fees of
fiscal agents, and all other costs associated with the issuance of the Bonds, payable from ad
valorem taxes levied at a rate not to exceed one-half (1/2) of one mill (.50 mill) on all taxable
property in the County, if approved by the qualified electors, to finance the cost of the
acquisition of lands to protect water resources, drinking water sources, environmentally
significant lands, historic sites, agricultural lands, open spaces, and/or wildlife habitat in Indian
River County. Such Bonds shall bear interest at such rate or rates not exceeding the maximum
rate permitted by law at the time of the sale of the Bonds.
SECTION 12. BOARD COMMITMENTS ASSOCIATED WITH THE BONDS.
1. The Board hereby commits to do the following if the 2004 Referendum is approved by
the voters:
A. Seek matching funds in connection with the acquisition of the Projects to the
maximum extent such matching funds are available;
B. Make specific provisions for annual independent audit of the uses of the
proceeds of the Bonds;
2. The Board hereby commits to revise the Environmental Lands Program Guide to
provide criteria and guidelines for the acquisition of historic sites and/or agricultural land prior to
the 2004 Referendum.
SECTION 13. PROJECTS. For purposes of the 2004 Referendum and the Bonds,
"Projects" means the acquisition by the County of lands to protect water resources and/or
drinking water sources, environmentally significant lands, historic sites, and/or agricultural land,
by purchasing interests in lands to protect water resources and/or drinking water sources,
environmentally significant lands, historic sites, and/or agricultural lands including, but not
limited to, fee simple interest, less than fee simple interest, conservation easements, the
purchase or transfer of development rights, and the acquisition of other similar interests in lands
to protect water resources and/or drinking water sources, environmentally significant lands,
historic sites, and/or agricultural lands, together with the necessary preservation, restoration,
remediation and reclamation activities to preserve, protect, or enhance such property, or, in the
case of agricultural lands, to maintain the agricultural purpose of such property or restore such
property to its natural state , including customary and necessary costs and expenses incurred in
the acquisition of any such lands and all expenses incident to the sale, issuance and delivery of
the Bonds, all as shall be more specifically determined by subsequent resolution of the County.
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SECTION 14. SEVERABILITY. In the event that any word, phrase, clause, sentence, or
paragraph hereof shall be held invalid by any court of competent jurisdiction, such holding shall
not affect any other word, clause, phrase, sentence, or paragraph hereof.
SECTION 15. EFFECTIVE DATE. This Resolution shall take effect immediately upon
its adoption. The Clerk to the Board of County Commissioners shall provide the Supervisor of
Elections with a certified copy of this Resolution.
This Resolution was moved for adoption by Commissioner Macht and the
motion was seconded by Commissioner Neuberger and, upon being
put to a vote, the vote was as follows:
Chairman Caroline D. Ginn
Aye
Vice Chairman Arthur R. Neuberger
Aye
Commissioner Kenneth R. Macht
Aye
Commissioner Fran B. Adams
Absent
Commissioner Thomas S. Lowther
Aye
The Chairmanthereupon declared this Resolution duly passed and adopted this 22nd day of
June, 2-064-';',
tF y a h
INDIAN RIVER COUNTY, FLORIDA
!Attest JK Barton,'Clerk by its Board of County Commissioners
pdi3'i�jU
Y
ldrkWl Caroline D. Ginn, Chairman
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BCC Approved: June 22, 2004
m;Ap 'over' sJ&formi and legal
%Nl�5h E. Fell v
Assistant County Attorney
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