Resolution 1990-335
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JUNE 19, 1990
RESOLUTION NO. ~5
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, EXERCISING ITS ABILITY
TO SUCCEED TO THE POWERS, RIGHTS, DUTIES, FUNCTIONS,
AND OBLIGATIONS OF THE PELICAN BAY IMPROVEMENT DISTRICT.
WHEREAS, the Pelican Bay Improvement District, in Collier
County, Florida, was created by Chapter 74-462, Laws of Floridal
and
WHEREAS, the Board of County Commissioners has found that it
is in the public interest of all the citizens of Collier County to
move forward with succession to the powers, right., duties,
functions and obligations of the Pelican Bay Improvement District I
and
WHEREAS, Chapter 74-462, Laws of Florida, expressly
contemplates and provides for such succession by the County
Commission of Collier County.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD or COUNTy
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
1. Having reviewed and considered, among other things, the
reports ot Hole, Montes, , Associates, Inc. and ot the County'.
staff, the County Commission hereby finds that the utility
improvement and development facilities, works, or systems
authorized by Chapter 74-462, Laws of Florida, have been
constructed and established as functional, viable and p~aductive.
2. Having reviewed and considered, among other thing.,
. t_timony offered at prior public meetings, the reports of Hole,
Montes, , Associates, Inc. and of the County's staff, the County
Commission finds that the County, either through a county-wide
district or through its Board of Commissioners, can provide water,
aewer, irrigation water, right-ot-way maintenance and water
management services to Pelican Bay as efflciently as the Pelican
Bay Improvement District Board of Supervisors, at a level of
quality equal to that delivered by the Pelican Bay Improvement
District Board of Supervisors, and at a cost equal to the actual
cost for which the Pelican Bay Improvement District Board of
Supervisors will have to charge Pelican Bay Improvement District
Users for the provision of similar services.
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JUNE 19, 1990
3. The Board of County Commissioners has caused a mutual
agreement to be executed between the County and any guarantor, if
any, of the bonded indebtedness incurred pursuant to ths
provisions ot Cha~ter 74-462, Laws or Florida. Further, Collier
County Resolution No. 90-328 and all mutual agreements identified
or authorized therein are hereby re-adopted, ratified and
confirmed.
4. The County declares and agrees, in any and all evente,
to maintain inviolate so long as they exist in law or equity the
legal and equitable rights, powers, and interests Of each and
every bondholder and any and all bond financing procedures
authorized specifically by Chapter 74-462, so long as they exist
in law or equity and pursuant to the terms and provisions of those
certain bond sale agreements applicable thereto. The County
hereby declares its intention to agree and does so agree to abide
by all the covenants and conditions in the Pelican Bay Improvement
District bond resolutions, and finds, based upon a study of the
Pelican Bay Improvement District's system, that succession as
contemplated by Chapter 74-462, Laws of Florida, and this
Resolution will have no adverse effect on the Pelican Bay
Improvement District bondholders.
5. Section 4(1)-(3) of Chapter 74-462, Laws of Florida,
having been fully satisfied and addressed, the (Jounty deolarss, in
its sole discretion and pursuant to Chapter 74-462(4) (b), Laws of
. Florida, and applicable legal authority, its election, effective
immediately, to suoceed to the povers, rights, duties, functions
and obligations of the Pelican Bay Improvemant District, and
directs the Board of Supervisors of the Pelican Bay Improvement
District to abide with this declaration.
6. The County hereby declares and directn that Pelican Bay
Improvement District Board of Supervisors are hf!reby dismissed,
without further compensation, since no actual or practical
authority or usefulness remains with that body.
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JUNE 19, 1990
7. The County hereby declares that all contracts of the
Pelican Bay Improvement District for supplies, services, and other
things of value shall remain in force until such time as the Board
of County Commissioners shall determine otherwise appropriate;
that all public Pelican Bay Improvement District employees shall
remain in the employ of the Pelican Bay Improvement District until
such time as the Board of County Commissioners shall determine
otherwise appropriate; that all fees, charges, as~essmentB, taxes
and other rates of revenues shall remain unchanged until the Board
of County Commissioners shall otherwise determine appropriate; and
that any and all activities related to the issuance of long term
obligation notes and bonds be suspended until such time as the
Board of County Commissioners shall otherwise determine
appropriate.
8. The County hereby declares, appoints, and authorizes its
County Manager, or his designee, as the County administrator
having the final and ultimate staff authority and responsibility
for the day to day administration, direction, and supervision of
all employees, whether exempt, non-exempt, contract, or otherwise,
and all other affairs of the Pelican Bay Improvement District
until such time as the Board of County Commissie,ners shall
otherwise determine appropriate.
9. The County hereby declares, appoints and authorizes its
County Attorney, or his designee, as lead, counsel having the final
and ultimate authority and responsibility for 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 the Pelican Bay Improvement
District until'such time as the Board of County Commissioners
shall otherwise determine appropriate. Further, the County
Attorney, or his designee, is authorized to initiate, defend or
respond to or direct the Pelican Bay Improvement District's
counsel to initiate, defend or respond to any legal or
administrative action necessary to carry out the objectives Of
this Resolution.
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JUNE 19, 1990
10. The County hereby declares, appoints, and authorizes the
Clerk of the Circuit Court of Collier County, Florida, or his
designee, as the County clerk and accountant having the final and
ultimate authority and responsibility for the day to day
administration of the financial and record keeping affairs of the
Pelican Bay Improvement District until such time as the Board of
County Commissioners shall otherwise determine appropriate.
This Resolution adopted after motion, second and majority
vote favoring same.
DATED: June 19, 1990
ATTEST:
JAMES C. GILES, Clerk
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COMMISSIONERS
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BY:
Approved as to form and
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ASB stant County Attorney
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JUNE 19, 1990
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS
MIDt:l~."'AME
NAME OF 104.0. COUNClL. COMMISSION. AUlltOlITY. 0.. COMMmu
Collier County Board of County Commissioners'
THE IA().t.lo. COUNCIL. COMMISSION. AUTHORITY. 0& COMMlrrEl ON
WHll"H I stav.. IS A UNIT OF:
: 01 y XJt."OUNTT I I O'IliU I.o<:At AGENCY .
"''''''1:: 0." POLITICAL SUIUIYlSlOtl:
l'OUN'rr
ColI ler
DlU'I ON "'HICH mnt on.1JUED
'Jun. 19 1990
MY t'OSITIONIS:
xx EllE.CTlYt
,; APPOIHT1YE.
WHO MUST FILE FOIlM II
This (onn is for use by an)' person servinc ,J.t the county, city, or other local1c'I"cl of 100000mc:nt on l.Ilappointed or eJected board.
council. commission. authority, or commiutc. 1, applies equally to members of advisory and non.advisory bQdia wboare presa'llcd
with I volinc conflict of inteml ulld~r Sccliun.I12.3I,u. Florida Statutes. The rcquiremel\ts or this law are lDIDdatory; aJtboqh
the use ot this pa,icular form is nOI rtquictd by law"rou are encouriilacd to use it in makinc the disclosure requirtd by law.
Your responsibiliries under the law when faced wirh I measure in which you have a connia of intetnt will vary pndy dcpmdlna'
on wh~her you hold an elective orappoinlive pashion. For this reason, please pay close auention to the innruaions on this rorm .~
before completin& the rC'Vtrse side and filinlthe (orm.
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, INSTRUCTIONS FOil COMPLIANCE WITH SECTION 112~143, FlOIlIDA STATUTlS ' f'
ELECTED OFFICERS: . , ,"
A penon holdinl c1CC1h. cou~ry, munidpIl, or oth.r local public orne. MUST ABSTAIN rro"; votinl on I meosure which inu...' I
to his sp<<:ial prh'Zte ,ain. mh local orru::u also is prohibited from knowinaly \'odn, on a measure which inures to the spccfal ',I
lain of . principaJ (other than a .ovemtnent alcncy) by whom he is retained.::
{n tilhtr case, )'OU should disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly Slalinlro rh. ass.mbly rh. nlrure or your ;nr....11D ,h. measure' OIl
which you are abstaininc from volin&: and
WITHIN Il DAYS AFTER THE VOTE OCCURS by completing and filinlrhi. form with 'h. penon ...ponsibl. for recordl..,
the minwcs of the merlin., who should incorporate the form in the minutes.. .
APPOI:'iTED OFFICERS:
.
A person holdina appointive county, municipal. or other local f'lublic offil:e MUST ABSTAIN from valin. on I melSure which
mum 10 his special private gain. Each local officer also is prohibited (rom knowinlty varina on a measure which InuRS to the.....
special ,ain of a principal (other than a 1000rnment leenc)') by whom he is retained. .
A person holding an appointive 1000al office otherwise may panidp:m: in a matter in which he has. conOla of intern I. but must
disclose the nature of the connh,1. before makin. an>' atlemp1to inOuence Ihe decision by oral or wriuen communication, whetber
made by the officer or at his direction. .
IF YOU INTEND TO \IAKE ANY AITEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH'
THE VorE Will BE TAKEN:
. You should complete and file Ihis form (berore making any anempt 10 innuence the dtcisionJ with the penon responsible ror
recordinl the minUltS of Ihe meelinl. who will incorporat~ the rorm in the minutes.
. A copy o( Ihe (orm should be prO\'ided immedi:ucl). 10 lhe olher m!=,mbers of the aaeney.
;J . . The (orm should be read publicly af Ihe medina prior to consideration of lhe mailer In which you have. conflict of InlcrnL
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I, Michael J. Volpe
, haeby disclose that on
June 19
90
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JUNE 19, 1990
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETINO:
. You should disclose orally Ih~ nalure of your conniet in the measure before panlcipltlnl.
. You should complctotho ronn and filo it within 15 days ar.orlho VO'O <XCurs with 'ho person responsiblo rorrO<O>dinB 'ho minutes
or the meetin.. who should incorporale Ihe form in Ihe minutes.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
(a) A masure came or will come be'rore my I.mcy which (check one)
- inured 10 my special prince pin: or
, ..!... IDurnltO the special sain or
Quarles and.Brady
, by whom I am r.:alned.
(b) The measure before my a.col.')' and the nalure of my inleresl in lhe measure is as (allows:
Requisite resolution for the Board' of COunty Commi'8io~r8 of COlli~r COunty. Florida ~o
exerciae its ability to succeed to the powers. rights, duties, functiona, and obligationa
. of the Pelican Bay Improvement District pursuant to Chapter 74-462~'L8wa of Florida.
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Silnllure
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, t,NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES 1112.317 (1985), A FAIWRE TO MAKE ANY REQUIRED
DISCLOSURE CONSTITUTES GROUNDS FOR AND MA Y BE PUNISHED BY ONE OR MORE OF THE FOLLO\\'INO:
IMPEACH~IENT. REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT. DEMOTION. REDUCTION IN
SALARY. REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED SS,OOO.
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