Resolution 1994-587
AU6 1 5 ..
RESOLUTION NO. 94-~7
A RESOLUTION BY THE BOARD OF COUNTY
COMMISSIONERS Of .COLLtER COUNTY, FLORIDA
AMEllDIUG AnD REPEALING SECTION 10.10 OF THE
PLAn OF DISSOLtTl'lON OF THE PELICAn BAY
IMPROVE:MDIT DISTRICT.
WHEREAS, on Karch 5, 1991 the Board ot County Commissioners
or Collier County, Florida as the Commission succeeding to the
pavers ot the Pelican Bay Improvement District, adopted Resolution
91-216, which provided tor the dissolution ot the Pelican Bay
Iaprov..ent District ("peID"); and
WHEREAS, on Karch 5, 1991 the Board ot County Commissioners
ot Collier County, Florida as the governing body or Collier County
and as Ex-Orricio the governing Board or the Collier County
Water-Se~or District adopted Re.olution 91-217 which accepted and
adopted the Plan of ois.olution ror the Pelican Bay Improvement
Districti and
WHEREAS, Section 10.10 ot the Plan ot Dissolution provided
that all water and sewer related utility rates will remain
unchanged, and will be amended trom time to time to retlect the
actual cost and expense or service to the area previously
encoapassed by PBIDi and
WHEREAS, additionally, Section 10.10 ot the Plan ot
Dissolution stated that the Board would not blend the utility
rates, and thereby raise, the total rates ot the residents or rate
payers within ~hat was hereto tore the District relative to wat~r,
sewer or irrigation rates until such time as comparable utility
rates within the Collier County Water-Sewer District and the area
previously served by the PBIo are generally on parity with each
other; and
WHEREAS, the Board ot County commissioners desires to amend
and delete trom the Plan ot DiSSOlution, Section 10.10 which in
part provided assurances to the Pelican Bay community that utility
rates would not be raised until parity existed in the systemi and
WHEREAS, the Pelican Bay KSTBU Advisory Committee and the
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community recognize that with increasing regulations and
additional requirements to construct additional facilities to
achieve increased levels or perrormance that converting to the
Collier County Water-Se~er District rate structure will benefit
all residents and custocers or Pelican Bay; and
WHEREAS, although certain custocers within Pelican Bay will
see an increase in their monthly utility bill. this will be ofrset
by the positive errects of a merger of the rate .tructures; and
WHEREAS, Section 25.1 of the Plan of Dissolution provides
that after the dissolution of the Pelican Bay Improvement
District, the County Commission may act to amend or modify the
Plan or oi.solution, in its sole discretion, wherever the County
Coaai.sion deem. it advisable, prudent or necessary to carry out
the general policies, purposes or objectives of the Plan or
Dissolution or to respond to changed or unforeseen circumstances
which =erit an amendment or modification or the Plan or
Dissolution; and
WHEREAS, the Board of County Commissioners rind. that the
deletion or Section 10.10 or the Plan or Di..olution or the
Pelican Bay Improveaent oi.trict by adoption of the Collier County
Water-Sewer District's utility rates ror the utility customers
within the Pelican Bay community is ~ laWful purpose and in the
best interests or the County; and
WHEREAS, the Board or County Commi.sioners finds that the
rede.ption of the Pelican Bay Improvement District Wate~
Kanaqeaent Special A..e....nt Bond. is a lawful and appropriate
purpo.e.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COKKISSIONERS or COLLIER COUNTY, FLORIDA, that:
l. The above recitals are true and correct and are hereby
incorporated herein.
2. The Plan of Dissolution of the Pelican Bay Improvement
District i. hereby amended by deleting Section 10.10 in its
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entirety and ~hich is stated belo~ ror rererence purposes only.
"10.10 Upon dissolution, all water and
se~er related utility rates ~ill remain
unchanged. These utility rates will be
amended rrom time to time to reflect the
actual cost ~nd expense or services to
the area previously encompassed by PBID.
The Collier County Board of Commissioners
will not blend, and thereby rais., the
total rates of the residents or rate
payers within what ~as heretofore the
District relative to water, sewer or
irrigation rates until such time as
comparable utility rates within the
Collier County Water-Se~er District and
the areas previously served by PBID are
generally on parity ~ith each other".
:J. The property ~Jners within the Pelican Bay community
shall pay the utility rates paid by other utility customers or the
Collier County ~a~~r.srJer District.
4. The r.demption or the prior Pelican Bay Improvement
District Water Management Bonds is her~by approved and to be
redeeced as soon as possible.
5. This Resolution shall become effective immediately upon
its passage.
This Resolution adopted arter motion, second and majority
vote.
DA~~.M~I/
.ATTtsT: /,:'{.:. /tf
'DWIGHT E.. BRQCK, CLER1<
?~4h;~ Q(,
. . ( . :-
. .' ..-
. . ,
/ Approved a. ;to fot"]D and
ieqal.- .uft'1ciency:
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