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Resolution 1991-216 MARCH II, 111111 ..,....... "'" ,.". ~" PBID RESOLUTION.~. 91- 216 ..tv:;..J A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS O~~COLLIER COUNTY, FLORIDA, AS THE COMMISSION SUCCEEDING TO THE PRINCIPAL FUNCTIONS OF THE PELICAN BAY IMPROVEMENT DISTRICT; PROVIDING FINDINGS; DISSOLVING THE PELICAN BAY IMPROVEMENT DISTRICT, PURSUANT TO CHAPTER 189, FLORIDA STATUTES; PROVIDING FOR TRANSFER OF TITLE TO ALL PROPERTY OWNED' BY THE PELICAN BAY IMPROVEMENT DISTRlcT"'TO COLLIER COUNTY; ADOPTING A PLAN AND PROCEDURE OF DISSOLUTION ~'P~VIDING FOR THE ASSUMPTION OF ALL~~INDEBTEDNESS OF THE PELICAN BAY IMPROVEMENT DISTRICT. IT IS HEREBY ASCERTAINED, DETERMINED, DECLARED AND FOUND THAT: A. The Board of County_commissioners, acting pursuant to specific provisions in Chapte~4-462, Laws of F1or~da, have .... ,'- succeeded to the powers,. .:sightsJ..,-dut1.es,. functions L,nd obligations of the Pelican H~y Improvement District and have become the commission succeeding principle functions thereof (hereinafter "PBID"). B. Having become the governing body of the Pelican Bay Improvement District, it is now necessary for PBID to consider and adopt better procedures resulting in the high quality, efficient, expedient and economic provision of water, sewer, irrigation, street lighting, water management, and beautification services, responsibilities and obligations now provided through the Pelican Bay Improvement District. II 000 PAGE 41 MARCH 15, 11191 C. The Pelican Bay Improvement District boundaries lie Wholly within the boundaries of the Collier County Water-Sewer District. D. It is in the public interest that long-range planning, management and financing and long-term maintenance, upkeep and operation of water, sewer and irrigation facilities within the Collier County Water-Sewer District be uniform, efficient, and economical. E. Pursuant to Chapter 88-499, Laws of Florida, PBID has authorized and consented, in writing, to the exercise and jurisdiction by the Collier County Water-Sewer District over the properties located within the boundaries of the Pelican Bay Improvement District. F. It appears the int~oduction of a special act establishing and organizing a municipality within the confines of the boundaries of Pelican Bay Improvement District is imminent. G. Absent conveyance or transfer by law of all right, title and interest in the water, sewer and irrigation utility facilities and appurtenant easement and use rights within the Pelican Bay Improvement District to Collier County and/or the Collier County Water-Sewer District prior to the passage of any legislation creating a municipality within the Pelican Bay Improvement District, the specific objectives related to the development of a regional water and sewer system and the economies and service enhancements favorable to all residents, ratepayers and landowners in both the Pelican Bay Improvement 2 . 000 PAGE 42 MARCH 15, 19111 District and the Collier County Water-Sewer District, which were in certain respects the genesis of the Board of Commissioners actions in succeeding, will be frustrated and/or thwarted. H. It is not in the overall public interest or the interest of the residents, ratepayers and landowners of the Collier County Water-Sewer District to allow or acquiesce to the secession or erosion of portions of the Collier County Water-Sewer District, its s<rvice areas or facilities whenever areas within the Collier County Water-Sewer District seek incorporation. I. Maintaining the integrity and ability of the Collier County Water-Sewer District to provide regionalized water, sewer and irrigation services within its boundaries is consistent with the County's Comprehensive Plan. J. In any and all events the Board of Commissioners have covenanted to maintain inviolate the legal and equitable rights, powers and interests of each and every bondholder in any and all bond financing proceedings authorized specifically by the enabling legislation for the Pelican Bay Improvement District. l K. The Board of County Commissioners, as the governing body of Collier County, has created the Pelican Bay Municipal Services Taxing and Benefit Unit for, among other reasons, the pUrpose of more efficiently and economically providing, at a minimum, those same services as are presently provided by the Pelican Bay Improvement District, save and except for water, 3 . 000 PAG~ 43 , MARCH 15, 11191 sewer and irrigation services. L. The boundaries of the Pelican Bay Municipal Services Taxing and Benefit Unit are one and the same as the boundaries of the Pelican Bay Improvement District. M. The past and present operating framework of the Pelican Bay Improvement District has proved to be and is awkward, uneconomical and inefficient, and is generally inconsistent with the County'S Growth Management Plan and the specific objectives related to the developmp.nt and furtherance of a regional water and sewer system. N. In Chapter 189, Florida Statutes, the Legislature has specifically found, and PBID concurs, that it is in the public interest that special districts created pursuant to state law not outlive their usefulness. O. Collier County and/or the Collier County Water-Sewer District and/or the Pelican Bay Improvement District have caused the installation of the appropriate infrastructure to interconnect the water, sewer and irrigation systems and facilities of the Pelican Bay Improvement District to regional treatment facilities of the Collier County Water-Sewer District. P. Collier County and/or the Collier County Water-Sewer District through Collier County Utilities Division is capable of providing all of the water, sewer and irrigation services and/or necessary administration to serve the areas presently served by the Pelican Bay Improvement District at the same or better cost, at the same or better level of quality and as 4 . 000 PAGE 44 MARCH 15, 111111 efficiently as is being provided by the Pelican Bay Improvement District. Q. The County and/or the Pelican Bay Municipal Services Taxing and Benefit Unit is capable of providing all services previously provided by the Pelican Bay Improvement District, save water, sewer and irrigation services which will be provided through the Collier County government, at the same or better cost, at the same or better level of quality and as efficiently as is being provided by the Pelican Bay Improvement District. R. The Collier County Board of Commissioners has covenanted to not blend, and thereby raise, the rates of the residents or rate-payers of the Pelican Bay Improvement District relative to water, sewer, irrigation rates, until such time as comparable utility rates within the Collier County Water-Sewer District and the areas previously served by the Pelican Bay Improvement District are generally on parity with each other. S. Section 189.4031, Florida Statutes, provides that all special districts, regardless of the existence of other more specific provisions of applicable law, shall comply with the . creation, dissolution and reporting requirements set forth therein. T. Section 189.4043, Florida Statutes, provides that any eXisting special districts may be dissolved by a resolution of the governing body of the special district and that a copy of any such resolution shall be filed within thirty (30) days 5 . 000 PAG[ 45 MARCH II, 111111 after the effective date of the dissolution of the Special District Information Program and the local general-purpose government within which the special district is located. U. Section 189.4045, Florida Statutes, provides that the dissolution of a special district government shall transfer title to all property owned by the pre-existing special district government to the local general-purpose government, and said local general-purpose government shall also assume all indebtedness of the pre-existing special district, unless otherwise provided in the dissolution plan. V. PBID has considered the Plan of Dissolution of the Pelican Bay Improvement District attached hereto and after having heard public comment on same and after having considered, by way of example and not limitation; a) the many and varied circumstances surrounding the succession; b) the existing local general-purpose government's objectives of providing, and commitment to provide, regionalized utility services; c) the past, current and potential future operating framework of the Pelican Bay Improvement District; d) the alternatives, abilities and economics of providing various municipal services to the Pelican Bay area; . e) the needs and desires of residents, ratepayers and landowners in the Collier County Water-Sewer District, both inside and outside the Pelican Bay Improvement District; and II 000 PAGE 46 MARCH 15, 1991 f) the impacts of incorporation of the Pelican Bay area or any other unincorporated areas within the Collier County Water-Sewer District vis-a-vis the integrity, objectives, commitments of the Collier County Water-Sewer District and how those impacts will affect, both now and in the future, the entire urban area of Collier County; PBID hereby finds and concludes that the Plan of Dissolution represents the best alternative, both short and long term, which best protects, preserves and administers all of the various, and sometimes competing, interests and desires involved. W. PBID finds that the Pelican Bay Improvement District has outlived its usefulness. X. Accordingly, the Board of County Commissioners, as the commission succeeding to the principal functions of the Pelican Bay Improvement District and as the governing body of the Pelican Bay Improvement District, is desirous of dissolving the Pelican Bay Improvement District and causing the title of all property and property rights owned by the Pelican Bay Improvement District to transfer, by law, to Collier County and its regional water-sewer district as the local general-purpose government, which shall assume the indebtedness of the Pelican Bay Improvement District, unless otherwise provided for in the dissolution plan. NOW, THEREFORE, THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE COMMISSION SUCCEEDING THE . OOOPiGE 47 MARCH 15, 111111 PRINCIPAL FUNCTIONS OF THE PELICAN BAY IMPROVEMENT DISTRICT, HEREBY RESOLVES THAT: 1. Pursuant to Section 189.4043, Florida Statutes, the Pelican Bay Improvement District shall be dissolved and its charter revoKed in accordance with the attached Plan of Dissolution of the Pelican Bay Improvement District ("Plan of Dissolution") . 2. The Plan of Dissolution of the Pelican Bay Improvement District attached hereto and incorporated herein by reference is hereby adopted and shall be construed liberally to effect the purposes of a smooth and efficient dissolution which results in Collier County and its regional water-sewer district, as the local general-purpose government, becoming the recipient by law of all title to all property and property rights owned by the Pelican Bay Improvement District Upon the adoption by Collier County of the Plan of Dissolution. 3. The effective date of dissolution of the P~lican Bay Improvement District shall be as of the time the Board of County Commissioners of collier County, as the governing body of collier County, accepts and adopts the attached Plan of Dissolution. 4. Collier County, and the Collier County Water-Sewer District if deemed appropriate by the Board of Commissioners, by and through its governing body the Collier County Board of Commissioners in any of its varying capacities, is hereby empowered, authorized and charged with assuming all indebtedness of the Pelican Bay Improvement District, pursuant . doo PAGE 48 MARCH 15, 111111 to the provisions of the Plan or Dissolution. 5. As soon as practicable after dissolution PBID recommend. and supports the county Manager, the County's Finance Committee and the County's Bond Counsel seeking a bond validation hearing in the local circuit court concerning the re-financing or the refunding of any and all outstanding water and sewer general obligation and revenue refunding bonds, or any other indebtedness of or issued by the Pelican Bay Improvement District. This Resolution adopted after motion, second and majority vote favoring same. DATED: March 5. 1991 , ; 'ATTEST: , , J~S "c~ ,QILES, .....~ ~ ,"" " ';-. / .," Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE COMMISSION SUCCEEDING TO THE PRINCIPAL FUNCTIONS OF THE PELICAN BAY IMPROVEMENT DISTRICT . .' <. ~ -: . ~ . ~ ~~t:~~~- ~. '. ~t!- 1-. , , '_~' u,,/ '0,.., , ',',' ','J ~~'~p,.\. BY:(;/~~~ PATRICIA NE GOODNIGH Chairperson "Approved as to form and .legal SUffiCiency: . Kenneth B. Cuy 'county Attorn "",/dp!mS . 000 PAGE 49 9 MARCH 15, 111111 PLAN OF DISSOLUTION FOR THE PELICAN BAY IMPROVEMENT DISTRICT 1. statement of Dissolution: Construction: PurDose 1.1 This Plan of Dissolution for the Pelican Bay Improvement District (hereinafter "Plan of Dissolution") is representative of the pOlicy, objectives, procedures and guidelines which will govern and effect the dissolution of the Pelican Bay Improvement District. The Plan of Dissolution shall become operative upon the adoption of the governing body of the Pelican Bay Improvement District (hereinafter "PBID" or "District"), the Board of County Commissioners of Collier County, Florida, as the Governing Body of Collier County and as Ex-Officio the Governing Board of the Collier County Water-Sewer District (hereinafter "Collier County" or "County"). 1.2 The Plan of Dissolution and any amendments or modifications thereto shall be construed liberally to affect the purposes of a smooth and efficient dissolution which results in Collier County and its regional water-sewer district, as the local general purpose government, becoming the recipient by law of title to all property and property rights owned by the Pelican Bay Improvement District. Upon adoption of this Plan of Dissolution by PBID and the County through appropriate resolutions, the charter of the Pelican Bay Improvement District shall be reVOKed and Pelican Bay Improvement District shall be dissolved. 2. J\uthoritv 2.1 Section lS9.4031, Florida Statutes, provides that all special districts, regardless of the existence or other more specific provisions of applicable law, shall comply with the creation, dissolution and reporting requirements set forth therein. 2.2 Section 189.4043, Florida Statutes, provides that the charter of any existing special district may be reVOKed and the special district dissolved by a resolution of the governing body of the special district. 2.3 Section lS9.4045, Florida Statutes, provides that the dissolution of a special district government shall transfer the title to all property owned by the pr~-existing special district government to the local general-purpose government which shall alAo assume all indebtedness of the pre-eXisting special district, unless otherwise provided in the dissolution plan. Therefore, the dissolution of the Pelican Bay Improvement District and this Plan of Dissolution is adopted pursuant to the provisions of Chapter lS9, Florida Statutes. . DOOm! 50 MARCH 15, 111111 3. Effective Date 3.1 The effective date of the dissolution of the Pelican Bay Improvement District shall be as of the date or time specifically identified in any resolution dissolving the Pelican Bay Improvement District passed by the governing body of the Pelican Bay Improvement District. 4. BoarO of Commissioners ~u;~o~;tv =~ A~; :s T~us~~es in Dissolution for the Pel c v I ro m nt is ict 4.1 A majority of the Board of County Commissioners of Collier County, Florida, present and acting at a regular or special meeting of the Board of Commissioners shall also have the authority to act as the Trustees in Dissolution for the Pelican Bay Improvement District whenever they deem such action is advisable or prudent. In its capacity as the Trustees in Dissolution for the Pelican Bay Improvement District, the Board of County Commissioners shall have the power and authority to do any act necessary to wind up or liquidate the Pelican Bay Improvement District's business and affairs. This power and authority shall not be exclusive, but rather shall be supplemental, alternative and cumulative to all other power and authority of the Board of County Commissioners, as the Governing Body of Collier County, or otherwise, to wind up or liquidate the business and affairs of the Pelican Bay Improvement District upon dissolution. 5. Lecal Status S.l Chapter 74-462, Laws of Florida, as amended, established a special district known as the Pelican Bay Improvement District and generally enumerated its authority to provide water management, beautification, street lighting, water, sewer and irrigation services and established the PBID Board of Supervisors as the governing body. 5.2 On June 19, 1990, the Board of County Commissioners of Collier County, Florida opted to succeed to the powers, rights, duties, functions, and obligations of PBID pursuant to the specific terms of Chapter 74-462, Laws of Florida. 5.3 Upon succession the existing PBID Board of Supervisors were dismissed and the Collier County Board of Commissioners succeeded to the principal functions thereof by law. PBID as a legal entity continued to exist in accordance with Chapter 74-462, Laws of Florida after succession. The resolution, Collier County Resolution No. 90-335, embodying the act of succession specifically declared, appointed and authorized the County Manager, or his designee, as the County administrator having the final ultimate staff authority and responsibility for the 2 . OOOPAr.f 51 MARCH 15, 111111 day-to-day administration, direction, and supervision of the affairs of PBID. As well, Collier County ReSOlution No. 90-335 declared that all contracts of PBID for supplies, services, and other things of value would remain in force until such time as the County Commissioners determined otherwise appropriate. Accordingly, the contract management for PBID with Gary L. Moyer, P.A., has been continued since succession. However, since succession, ultimate staff direction and supervision of PBID affairs where needed has come from the County Manager or his designee. 5.4 The dissolution of the PBID special district government shall transfer the title to all property owned by PBID to the local general purpose government, which shall also assume all indebtedness of the pre-existing special district, unless otherwise p~ovided for in this Dissolution Plan or any amendment or modification thereto. 6. Hanaqement structure 6.1 Prior to dissolution PBID was managed by a contract administrator, Gary L. Moyer, P.A. There were three basic organizational units; the District Manager's Office, the Business Services Department and the Field Services Department. 6.2 The District Manager's Office had two employees; the Manager and the Manager's Secretary. The Manager was responsible for overall administration of the day-to-day operations and functions of the District. The Manager serves as the Budget Officer, Finance Officer, Personnel Officer, Property Manager, Risk Management Officer, Procurement Officer and Community Planner for the District. The Manager also personally supervised a number of service contracts, including those with the District Engineer, street lighting and beautification. To a lesser extent the Manager also provided assistance to advisory committees. 6.3 The Business Services Department performed staff functions, including recording, finance, property management, personnel, purchasing and risk management. The Business Services Department had one employee, the staff assistant to the District Manager. 6.4 The Field Service Division was headed by a Field Services Superintendent, who supervised 7 employees. The Field Services Superintendent was responsible for the line operating and maintenance functions of PBID, including water management, right-of-way maintenance, potable water services, sewage treatment and collection services, irrigation water services, storage of field vehicles, equipment and materials, and construction supervision. . OO(hAG[ 52 3 MARCH 15, 19111 6.5 Upon dissolution, management of PBID will be handled by a two-step process. First, in order to make an extraordinary effort to maintain service continuity, service quality and community identity, the County Manager will temporarily create a new division of County government entitled the "Pelican Bay Services Division". The Division Administrator will be appointed from existing staff and will either be or report directly to the County Manager. All employees of the Pelican Bay Services Division will be employees of existing County Divisions, on special assignment. This new division of County government will remain in place until the Board oflCornmissioners feel the extraordinary presence of local government in the Pelican Bay subdivisions is no longer necessary, efficient or serving a needed public purpose. Also, the Collier County Board of County Commissioners will be sensitive to the desires of the residents, business interests and landownership in Pelican Bay as to whether or not continued extraordinary local presence and administration are advantageous and beneficial to these people. Secondly, when the County Commission believes there is no longer a need for an extraordinary local presence or the residents, business interests and landownership interests in Pelican Bay indicate there is no longer a feeling that a local office and local administration are advantageous to them, the offices in Pelican Bay will be closed, the temporary division of County government will be dissolved and all management responsibility within the Pelican Bay area will be transferred to the existing service divisions within the County Manager's agency of County government. 6.6 It is estimated that the current cost of maintaining a local office in Pelican Bay is approximately $140,000 and that $75,000 to $100,000 in savings will be accomplished at such time as the local office is closed and management responsibility is transferred to the existing service divisions within the County Manager's agency of County government. It is the intention of this Plan of Dissolution that the cost and expense for maintaining a satellite office in Pelican Bay will be borne by the residents, ratepayers and landownership in Pelican Bay. 6.7 It is the general intention of this Plan of Dissolution that the management by the new and temporary Pelican Bay Services Division be implemented for at least the balance of fiscal year 1991, and that if the residents, business interests and landownership interests in Pelican Bay do not desire the County to maintain a local presence in Pelican Bay, the present offices will be closed and the operations of the new and temporary Pelican Bay Services Division will be integrated into existing operating Divisions of the County Manager's agency, effective October 1, 1991. . 000 PAGE 53 4 U :~?':; ";>i"': <.1, :/?~. ~,-. ~.i' . ,- ;~~~;, . ~;. ri~ MARCH 15, 111111 6.8 Upon dissolution, the distribution of functions within the newly created Pelican Bay Services Division will be implemented to provide for a separate Utility Department supervised by a utility Superintendent on assignment from the Collier County Utilities DiVision, a separate Public Services Department supervised by a Public Services Superintendent on assignment from another division of the County Manager's agency and a support person to assist the acting Division Administrator and the two superintendents. 6.9 Upon succession, the PBID had one Advisory Board, the PBID Conservation Advisory Committee whose purpose was to advise the PBID Board of Supervisors on all water management and environmental concerns. This Advisory Committee met at the call of the Board of Supervisors .and remained in effect upon succession. Upon dissolution the PBID Conservation Advisory Committee will terminate. 6.10 After succession on December 18, 1990 the Board of County Commissioners, by Ordinance, created the Pelican Bay Municipal Services Taxing and Benefit Unit and an advisory committee. This advisory committee is designed to provide input to the County Manager and the Board of Commissioners relative to Pelican Bay service issues. Upon dissolution, the role of the Pelican Bay Municipal Services Taxing and Benefit Unit Advisory Committee will remain unchanged. 6.11 An organizational chart Showing the organization of the PBID prior to dissolution and the applicable County government immediately after dissolution is attached as Composite Appendix A. 7. Leaal Counsel 7.1 Prior to succession, legal counsel was provided to PBID by private law firms. 7.2 Upon succession, Board of County Commissioners declared, appointed and authorized its County Attorney, or his designee, as the counsel having the final ultimate authority and responsibility to the day-to-day administration, direction and supervision of the Pelican Bay Improvement District's legal counsel, whether general or special, and all other legal affairs of PBID. 7.3 Upon dissolution, legal counsel for the interim or temporary division of County government known as Pelican Bay Services Division and/or the Pelican Bay Municipal Services Taxing and Benefit Unit will continue to be provided through the Office of the Collier County Attorney. . 000 PAGe 54 5 MARCH 15, 111111 S. Contract Manaqement 8.1 Prior to and upon succession, all contracts were managed by the District Manager. S.2 Upon dissolution, the acting Pelican Bay Services Division Administrator will be responsible for the administration of contracts for services rendered in Pelican Bay. However, all insurance contracts will become the responsibility of the Risk Management Department within the Administrative Services Division of County government. S.3 Upon dissolution, the rights and obligations of all contracts for services and materials to which the pre-existing special district was a party, shall be assumed by Collier County as the local general purpose government. However, the Board of County Commissioners shall have the right, authority and discretion to determine if the rights and obligations of the various contracts shall be limited to the confines, tax, and assessment base within the boundaries or a smaller portion of the boundaries of the pre-existing special district, or whether the rights and Obligations of the contracts shall be spread over the juriSdictional boundaries of some larger portion of Collier County. 9. Pinance 9.1 Upon succession, the District Manager served as the Budget Officer and Finance Officer. The District Manager prepared the District budget in accordance with the enabling legislation, and upon succession then submitted to the County Manager for review and subsequent approval by the governing body of PBID. utility billing and collections were carried out under the District Manager's supervision. The assessment functions were performed by the District Manager and, by contract, with the Collier County Property Appraiser. The tax and tax assessment collection function was carried out, by contract, through the Collier County Tax Collector. The treasury function was carried out by the Clerk of the Circuit Court. Budgeting and balance sheet account functions, upon succession were performed by the Clerk of the Board of County Commissioners. Checks for accounts payable and payroll were prepared at the District Office and brought to the Clerk's Office for signature. All cash receipts collected at the Administrative offices are deposited daily in approved bank accounts by the District Manager. 9.2 Upon dissolution, the financial functions will remain for the most part unchanged with the exception of meter reading functions being performed on an inter-agency contracted basis with the Collier County Utilities Division. Initially, the former PBID utility billing system will also be operated as is. . 000 PAGt 55 MARCH 15, 111111 9.3 Upon dissolution, all financial functions, policies and procedures of Collier County shall become effective and applicable to all prior District personnel and operations. 9.4 Upon dissolution, the County's Federal Employer Identification Number, the County's State Sales Tax Identification Number, State Payroll and Pension Identification Numbers or any other like identifying numbers shall be incumbent upon the financial transactions of the Pelican Bay Services Division and the Pelican Bay Municipal services Taxing and Benefit Unit. 9.5 Upon dissolution, the County's budget calendar, policies and procedures will become effective immediately and all PBID enabling act legislation will no longer necessarily apply to the budgetary process. 9.6 Upon dissolution, all assets and liabilities of PBID, with the exception of water, sewer or related utility irrigation facilities and any necessary and/or appurtenant easement or real property interests will be accounted for via the funds of the Pelican Bay Municipal Services Taxing and Benefit Unit. It is not anticipated that there will be any change of revenue structure during the FY 1991 fiscal period. It is anticipated that new or amended revenue authorizations should result from the FY 1992 budgetary process. 9.7 Upon dissolution all debt of PBID shall become debt of Collier County as the local general purpose government. However, the Board of Commissioners of Collier County shall have the right, authority and discretion to determine if the debt or obligations accruing to it by law shall be paid back from revenues derived from the confines, tax, and assessment base within the boundaries of the pre-existing special district or the Pelican Bay Municipal Services Taxing and Benefit Unit or whether the debt and responsibility for the payment thereof shall be derived from revenues obtained from other larger areas within the juriSdictional boundaries of Collier County. 10. Fund structure 10.1 Upon succession and prior to dissolution PBID operated several funds which are as follows: 1) Water Manacement Debt Service Fund accounts for all transactions related to Water Management System bonds. Revenues of the fund consist of collected on an acreage basis. $473.01 per acre. Expenses are the bonds. special assessments The current rate is limited to retirement of . 000 P~E 56 MARCH II, 1991 "." '-.' \ 2) Street Liahtina SDecial Revenue Fund accounts for all transactions related to the operation and maintenance and improvements of the lighting system within the District. Revenues of the system are ad valorem taxes and special assessments. Special assessments are used for capital outlays and indebtedness. Ad valorem taxes are levied for operating and maintaining the street lighting system. In FY 1991 a one-time special assessment was assessed against all property in the amount of $66.00 per equivalent dwelling unit to payoff indebtedness for street light improvements. The ad valorem levy for street light operating and maintenance was terminated for this one year period .'hile the special assessment is in place. 3) Water/Sewer EnterDrise Fund accounts for all transactions related to the operations, maintenance and improvements of the water and sewer utility related facilities. 4) General Fund accounts for all transactions related to the beautification and maintenance of street and right-of-ways, and water management structures and right-of-ways, including cleaning and clearing of vegetation and flora in the lakes and streams. This fund was financed through collected on an acreage basis. rate is $244.38 per acre. special assessments The current assessment 5) Aaencv Fund to account for receipts and disbursements of street lighting revenues collected by the Collier County Tax Collector and transferred to the General Fund. 6) CaDi tal proiect Funds to account for all transactions related to General Fund Capital Improvements. 10.2 Upon dissolution the following fund groups will be established and all assets and liabilities will be accounted for and transferred to the following funds when this Dissolution Plan becomes effective: 1) Water and Sewer EnterDrise Fund to perform the same function of the current Water and Sewer Fund. This Fund shall remain a separate and distinct fund until such time as comparable utility rates within the Collier County water-Sewer District and the areas previously served by the Pelican Bay Improvement District are generally on parity with each other. . OOOPAr,[ 57 8 MARCH 15, 11191 2) The Pelican Bav Municioal Services Taxina and Benefit Unit Fund to include street lighting/beautification/- water management/law enforcement and other general fund activities that might be added later. Special assessments revenues will continue to be used for the acquisition of street lighting improvements, water management, beautification and general management services. At such time that the Board of Commissioners determines that it would be advantageous to the residents, ratepayers and landownership of Pelican Bay to finance beautification, water management and general management services from ad valorem taxes rather than special assessments, the Board will effect the imposition of ad valorem taxes in lieu of special assessments. Ad valorem taxes will be levied to pay for special law enforcement services, if and when such services are initiated. Beginning in FY92 the special street lighting assessment levied to finance outstanding indebtedness will be terminated. The ad valorem tax for street light maintenance and operations will continue to be levied as in prior years. 3) Water Manaoement Debt Fund to continue to perform the same functions of the existing Water Management Debt Fund. Beginning in FY 1992, basic water management services will be financed from the unincorporated General Fund. Services over and beyond basic services will be financed through an ad valorem tax levy by the Pelican Bay Municipal Service Taxing and Benefit Unit beginning in FY 1992. 10.3 Agency Funds used to account for the transfer of street lighting funds from the Tax Collector to the District will no longer be used. These funds will be demonstrated as revenue in the Pelican Bay Municipal Services Taxing and Benefit Unit Fund for street lighting, beautification, water management and law enforcement rather than a transfer from the agency fund. 10.4 Capital Project Funds used to account for General Fund improvement projects will no longer be used. Improvement projects will be demonstrated directly in the Pelican Bay Municipal Services Taxing and Benefit Unit Fund for street lighting, beautification, water management and law enforcement as accounts of the fund. 10.5 General Fixed Assets shall be transferred to and accounted for in the General Fixed Assets accounts of Collier County. 10.6 General Long Term Debt shall be transferred to and accounted for in General Long Term Debt accounts of Collier County. . 000 PAGE 58 9 MARCH 15, 19111 10.7 Contract Accounts generally will be accounted for directly in the Pelican Bay Municipal Services Taxing and Benefit Unit Fund for contract services. 10.8 The existing utility connection agreements, sometimes referred to as guaranteed revenue agreements, entered into between PBID and Westinghouse, guaranteeing revenue for utility connections will remain in full force and effect. 10.9 Upon dissolution and appropriate changes in any applicable Collier County Ordinances, all applicable impact fees which prior to dissolution were not imposed in the areas encompassed by the Pelican Bay Improvement District shall become effective. However, when applicable, all existing contracts dependent upon the prior impact fee structures will be honored. Until applicable Collier County ordinances are changed instituting a new impact fee structure, the impact fee structure in existence prior to dissolution shall continue in full force and effect and all impact tees collected thereunder shall be kept in a separate account. 10.10 Upon dissolution, all water and sewer related utility rates will remain unchanged. TheSe utility rates will be amended from time to time to reflect the actual cost and expense of service to the area previously encompassed by PBID. The Collier County Board of Commissioners will not blend, and thereby raise, the total rates of the residents or rate payers within what was heretofore the District relative to water, sewer or irrigation rates until such time as comparable utility rates within the Collier County Water-Sewer District and the areas previously served by PBID are generally on parity with each other. 11. Procurement 11.1 Prior to succession and thereafter the District Manager was the Procurement Officer for the District. Upon succession, PBID adhered to Collier County procurement policies and procedures, except where they were superseded by provisions of the PBID enabling legislation. 11.2 Upon dissolution, the PBID enabling legislation shall no longer affect procurement policies and the procurement policy and procedures employed thereafter shall be those of Collier County government. 12. Debt Ob1iaations 12.1 Currently PBID has three outstanding long term debt obligations as follows: . OOOPAGr 59 10 MARCH 5, 1991 1) Series 1989 Water and Sewer General Obligation Revenue Refunding Bonds in the amount of $8,870,000 amortized by the revenues of the water and sewer system and insured by MBIA. The current amount outstanding is approximately $8,660,000. 2) Series 1979 Water and Sewer General Obligations Revenue Refunding Bonds in the amount of $3,750,000 amortized by the revenues of the system and insured by MBIA. The current amount outstanding is approximately $3,610,000. 3) Series 1978 Water Management Special Assessment Bonds in the amount of $3,590,000, amortized by special assessments levied on all property owners of the District on an acreage basis. The current amount outstanding is approximately $2,800,000. 12.2 Upon succession, the obligations of these debt instruments remained unchanged, with the exception of the Collier County Board of Commissioner's covenant to in any and all events maintain inviolate the legal and equitable rights, powers and interests of each and every bondholder in any and all bond financing proceedings authorized specifically by the enabling legislation for PBID. 12.3 Upon dissolution, the debt of PBID will become the debt of Collier County. Due to the fact that the financial capacity of Collier County is far superior to that of PBID an immediate refunding of the debt does not reasonably appear to be necessary nor contemplated by Chapter 189, Florida Statutes. 12.4 At the first opportunity Collier County will refinance any outstanding indebtedness if significant benefits from such activity appear available. At the first opportunity Collier County will refinance the water and sewer bonds in order to transfer the debt obligations from the general pUblic to the Collier County Water-Sewer District or a sUb-district thereof which encompasses the boundaries of the pre-existing special district. 13. Insurance 13.1 Prior to succession and thereafter the District Manager served as the Risk Manager for PBID. Upon succession, the District's insurance contracts remained unchanged. 13.2 Upon dissolution, the rights and obligations to all insurance contracts to which PBID is a party will be assumed by Collier County. However, the Board of County Commissioners will at all times have the right, authority and discretion to determine . OOQrAGE 60 MARCH 15, 19111 it the rights and Obligations of the contracts are to be limited to the confines, tax and assessment base within the boundaries of the pre-existing special district, or whether the rights and obligations of the contracts will be spread over a larger portion of the jurisdictional boundaries of Collier County. 13.3 Immediately following dissolution, all insurance contracts to which PBID is a party will be re-examined to determine which contracts may be eliminated, amended or consolidated with County contracts in order to assure continuity of coverage as well as efficiency in premiums expended vis-a-vis maintaining the same or reduced risk exposure. 13.4 Upon dissolution, all risk management functions shall be assumed by the Risk Management Department of the Division of Administrative Services within County government. 14. printina 14.1 Prior to succession and thereafter PBID contracted for all printing services. 14.2 Upon dissolution, the procurement of printing services will be accomplished through Collier County procurement policies and procedures. 15. K&U 15.1 Prior to succession and thereafter the official mailing address of PBID was as follows: Pelican Bay Improvement District SOl Laurel Oak Drive Suite 510 Naples, Florida 33963 15.2 Upon dissolution, the official mailing address for matters affecting the pre-existing special district will be as follows: Pelican Bay Services Division County Manager's Agency Collier County Government SOl Laurel Oak Drive suite 510 Naples, Florida 33963 16. Personnel 16.1 Upon succession and thereafter the District Manager served as Personnel Officer for PBID and PBID employees were considered employees of PBID and not Collier County employees. Upon . 000 PAGs.~l ':." 1t/::. ~."~-' ~'.'1:.: , '.\~" , ?'~ ~lJ',. i:f:: MARCH 5, 1991 succession these employees were governed by the policies and procedures of Collier County except where they were specifically superseded by law or the PBID enabling legislation. l6.2 Upon dissolution, all employees of PBID shall become employees of Collier County under the supervision and control of County Manager. As such, these employees shall comply with all personnel rules, regulations and procedures used and employed by Collier County government. 16.3 Every effort will be made to provide comparable positions for any employees of the pre-existing special district. Such a determination will be based upon those employees existing wage rates and available positions in Collier County government at comparable but not lesser wage rates. 16.4 Upon dissolution all staff related personnel administrative functions will be performed by the Collier County Human Resources Director through Division of Administrative Services in Collier County government. 17. Retirement Svstem 17.1 Prior to succession and thereafter PBID had a separate simplified employer pension program with BancFlorida. All employees were enrolled in the program after two years of employment and were vested upon enrollment. PBID contributed 6% of the employee's salary to that program. The Division of Retirement has contacted the County via Final Agency Action Letter requiring the County to hold an election at which all employees employed before succession may opt to continue their current retirement plan or elect to join the State Retirement Plan. Their letter also stated that all employees employed after succession are required by law to join the state Retirement Plan. Finally, the Division required that the retirement benefits must be paid retroactively to the date the Board of County Commissioners succeeded to the Board of Supervisors. Due to the pending litigation initiated by the former Board of Supervisors, the County has requested an informal hearing to appeal the Division's final agency action. 17.2 Upon dissolution, all employees employed after dissolution shall be required by law to join the state Retirement Plan. Those employed prior to dissolution must be given the opportunity to elect coverage under the state System or to remain under the current PBID plan. 17.3 Depending upon the outcome of the pending appeal of the Division of Retirement's Final Agency Action Letter, retirement benefits may need to be paid retroactively to the date of . ODOPlr,! 62 13 MARCH ~, 1991 .ucc...ion tor those employees employed prior to the date of succession choosing to enroll in the state Retirement System and for those employed after the date of succession. 18. Data processina 18.1 Prior to succession and thereafter the PBID employed the use of a financial accounting software package consisting of budgetary, general ledger, income statements, cash receipts, accounts payable and payroll components, and a utility billing package. This software is proprietary, developed and licensed by Manatron, Inc. The software application runs on a Unisys B25 hardware system owned by PBID. l8.2 Upon dissolution, there will not be an immediate change or modification in the current PBID software systems. However, at the first reasonable opportunity the software system should be brought on line with the County's Financial Accounting system by modem, or otherwise, be replaced with the County'S systems. l8.3 Upon SUccession and thereafter PBID employed the use of two IBM word processors. Upon dissolution, there does not appear to be an immediate need to change the current word processing system. However, at the first reasonable opportunity the County's AII-In-One System should be employed. 19. ProDertv Manaaement 19.1 Upon succession and thereafter the PBID administrative offices were located in approximately l245 square feet of rental Space in the Sun Bank Building at 80l Laurel Oak Drive in Pelican Bay. This office space was leased on a three-year lease with two optional one-year extensions. At the time of preparation of this Plan of Dissolution the lease was in the first one-year extension and is scheduled to terminate on February 11, 1992. 19.2 Upon dissolution, the administrative office space will be maintained at the current location until such time as such offices are closed or the lease terminates. 19.3 PBID owns approximately 14 acres of land in Pelican Bay on which is located the water and sewer treatment facilities and field maintenance barn. Additionally, PBID is the beneficiary of numerous easement rights within the Pelican Bay area. These rights range from water management to utilities interests. Additionally, PBID owns approximately 1 acre north of Immokalee Road and West of I-75 which is being used for a wellfield tract. 19.4 PBID does not have an inventory accounting and management system. Vehicles and equipment are presently stored in the field maintenance barn. Upon dissolution, there does not appear to be .~~m l4 ''$':~' ,,: :$~~;- ;fI'~;. ',",' \,'."~ .,,: ';,'" , ~....'~:.' :. ~ , :,.!'. MARCH 15, 1991 any need to establish a separate inventory management system due to the small size of the pre-existing special district. However, an inventory will be made at the time of dissolution and upon dissolution all office materials will thereafter be drawn from the County's central stores and will otherwise be procured as all other materials are procured through the County's purchasing system. 20. RecorcHna 20.1 Prior to succession, one of the members of PBID Board of Supervisors was designated the SecretarY/Clerk of the District. The District Manager and staff generated and maintained the records of PBID. The records of PBID were maintained at the administrative offices located in Pelican Bay. 20.2 Upon succession, the Clerk of the Circuit Court of Collier County became the Clerk of the District and took custody of the cash and cash related records of PBID. All official records of the PBID are currently maintained by the Clerk of the Circuit Court, or his designee. 20.3 Upon dissolution, the Clerk of the Circuit Court will continue to perform the recording and retention function for all records in the same manner as the Clerk performs that function for Collier County government. 21. Water. Sewer and Irriaation utilitv Services: policv Direction. 2l.l Until November, 1991 potable water was supplied to the Pelican Bay area via Interlocal Agreement between the City of Naples, Collier County and PBID. The County has completed the extension of potable water lines to serve the Pelican Bay area and is prepared to begin providing potable water to the Pelican Bay area, pursuant to the Interlocal Agreement, by November, 1991. 2l.2 Prior to succession and thereafter, PBID provided sewage treatment services to the Pelican Bay area through a one MGD treatment facility located in Pelican Bay. The current treatment works have long since reached capacity and this plant condition has in the past resulted in numerous odor complaints from surrounding property owners. Thus, the genesis for the County Commission to act to succeed was partly borne of the need to take decisive action to provide regional treatment facilities as well as to avoid unnecessary building moritoria. 21.3 Upon succession and thereafter Collier County, PBID and the prime developer of Pelican Bay have cooperated in undertaking the interconnection of the PBID sewage treatment system with that of the Collier County Water-Sewer District's regional facilities. . OOOn:;r 64 , ~ MARCH 15, 19111 This has been accomplished through the extension of a sewage transmission facility from Collier County's North County Regional Treatment Plant. It i8 expoctod that Collier County will begin receiving sewage in excess of the PDID plant capacity in February or March, 1991. Upon completion of the Phase II expansion of Collier County's North County Regional Sewage Treatment Plant, no later than early 1995, the County will receive all of the sewage generated within the boundaries of PBID. At such time it is expected the existing tank structure will be converted to an irrigation storage facility and unnecessary treatment works will be moved from Pelican Bay. 21.4 PBID currently provides a combined fire defense and irrigation water system. Irrigation water used therein is a blend of sewage effluent and low quality ground water pumped from off-site wells. The demand for irrigation water far exceeds the irrigation water capacity of the present PBID utility system. Upon succession, Collier County embarked upon a program to provide irrigation water to the areas served by PBID from sewage effluent processed at the County's North County Regional Sewage Treatment Plant. The extension of irrigation water transmission lines from Collier County facilities to the areec served by PDID are under construction and planned to be completed by June 1991. Upon completion of these effluent transmission lines, Collier County will supplement the irrigation water needs of the Pelican Bay area. Upon termination of the on-site sewage treatment operation in Pelican Bay, the County will provide all irrigation water to Pelican Bay. 2l.5 It is in the public interest that long-range planning, management and financing and long-term maintenance, upkeep and operation of water, sewer and irrigation within the Collier County Water-Sewer District be uniform, efficient and economical. To that end, Collier County plans to provide water, sewer and irrigation services to the areas previously served by the PBID and as soon as reasonably feasible to terminate the on-site treatment of sewage within Pelican Bay. 21.6 If upon dissolution, the County Commission feels that it is advisable to specifically convey all of the water, sewer and irrigation utility assets accruing to it by law to the Collier County Water-Sewer District, then any such transaction will be in conformance with applicable law. 22. DeveloDment Reoulation 22.1 Prior to succession and thereafter PBID maintained its own design and development manual. The District performed all plan review through a combination of the District Manager and the use of a District Engineer. The District Engineer heretofore has been . 00011'-1 65 16 MARCH 15, 19111 the consulting engineering firm of Wilson, Miller, Barton & Peek. The District Manager served as the District Planner. The District Engineer reviewed all site development plans and provided inspection services. Currently the development of basic infrastructure in Pelican Bay is approximately 80% complete. Accordingly, there does not appear to be any need to modify the design and development standards in Pelican Bay. 22.2 Upon dissolution all design development review shall be in conformance with applicable Collier County regulations to the extent same do not conflict with the previous design development manual of the District. Whenever such conflict occurs County government staff will reasonably resolve the conflict in order to protect and further any unique design and beautification standards of the Pelican Bay area. 22.3 Any continuing contract for consulting services must be in compliance with Consultants Competitive Negotiation Act, Section 2S7.055, Florida Statutes (1990). 22.4 The South Florida Water Management District, by agreement has allowed the PBID to regulate its water management system. This process differs from the procedures and relationship that the County has with the South Florida Water Management District. However, inasmuch as the water management system for PBID is complete it appears that the process of water management reviews in the Pelican Bay area now should conform to operating standards governing interaction between Collier County and the South Florida Water Management District elsewhere in Collier County. 23. Water Manaaemene 23.1 The overall Water Management system of the District is completed. 23.2 The Water Management system is internal to the confines of the Pelican Bay Improvement District and will heretofore upon dissolution be serviced by the Pelican Bay Municipal Services Taxing and Benefit Unit. 24. street Liahtina 24.1 On August 28, 1990 the Board of County Commissioners, acting as the commission succeeding the principal functions of the Pelican Bay Improvement District, adopted a one-time special assessment to payoff existing debt and to properly allocate the financial burden of future expansions of the street lighting system to new development. After all residents pay this assessment, and existing debt is retired, any future expense relative to the installation and maintenance of new street lights . 000 PAGE 66 17 PBIO 1J'.' ..,' ".'1"734 "o,',.~" . ~Y~\'f?:,~122/91 ~A~!:':F:~,~"~<.'. ,.' ~,t'~'l 1';,0". , MARCH 15, 111111 will be borne by new developments specifically benefited by the street lights. This will be done through the Pelican Bay MuniCipal Services Taxing and Benefit Unit. 25. Amendment or MOdification 25.l After dissolution of the Pelican Bay Improvement District, the County Commission may act to amend or modify this Plan of Dissolution, in its sole discretion, whenever the County Commission deems it advisable, prudent or necessary to carry out the general policies, purposes or objectives of the Plan of Dissolution or to respond to changed or unforeseen circumstances which merit an amendment or modification of the Plan of Dissolution. " . ODD PAGE 67 IS