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HomeMy WebLinkAbout2016-007 Arden Park CDD - Dissolution ORDINANCE NO. 2016-007 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA; DISSOLVING THE ARDEN PARK COMMUNITY DEVELOPMENT DISTRICT PURSUANT TO SECTION 190.046(9), FLORIDA STATUTES; PROVIDING FOR THE DISSOLUTION OF ALL THE COMMUNITY DEVELOPMENT SERVICES OF THE ARDEN PARK COMMUNITY DEVELOPMENT DISTRICT IN ACCORDANCE WITH A PLAN OF DISSOLUTION; PROVIDING FOR SEVERABILITY; PROVING AN EFFECTIVE DATE. WHEREAS, the Arden Park Community Development District ("District") was established by Ordinance 2015-008 of the City Commission of the City of Ocoee, Florida, pursuant to Chapter 190, Florida Statutes, on June 2, 2015; and WHEREAS, the District is located wholly within the boundaries of the City of Ocoee, Florida (the "City"); and WHEREAS, the District has forwarded to the City the District's Resolution 2016- 01 ("Resolution"), which includes an adopted Plan of Dissolution for the District, as indicated in Exhibit "A", which is attached hereto and incorporated herein by reference; and WHEREAS, the Resolution indicates that the District's operations have been and currently are funded solely by Standard Pacific of Florida, a general partnership, the sole land holder within the District ("Landowner"); and WHEREAS, the Resolution indicates that the District has not issued any bonds, notes or other forms of indebtedness and has no outstanding financial obligations and no operating or maintenance responsibilities; and WHEREAS, the Resolution indicates that the District has determined, based upon the current economic conditions and the level of improvements already completed within the District, that the planned community development services to be provided to the lands within the boundaries of the District may be provided by and through the Landowner in a manner as efficiently as the District and at a level of quality equal to the level of quality currently being delivered to the users of those services, and at a cost that would be equal to or lower than the annual assessment amount that could be levied by the District; and WHEREAS, the sole owner of one hundred percent (100%) of the land within the District has consented to, and supports, the dissolution as indicated on Exhibit "B", which is attached hereto and incorporated herein by reference; and WHEREAS, the District has represented to the City that the dissolution of the District will not harm or otherwise injure any interests of the sole landowner within the District, nor harm nor otherwise injure any interests of any other party within or without the District; and WHEREAS, the District's Board of Supervisors desires that the City adopt an ordinance providing for the termination of all community development services of the District and to provide for the dissolution of the District in accord with Section 190.046(9), Florida Statutes; and WHEREAS, the City relies on the representations in the Resolution and the landowner consent attached as Exhibits A and B, respectively, in considering and adopting this Ordinance. NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: Section 1. Recitals Incorporated. The above recitals are true and correct and are incorporated herein. Section 2. Authority; Scope. This ordinance is adopted in compliance with and pursuant to the Uniform Community Development Act of 1980 codified in Chapter 190, Florida Statutes. The adoption of this ordinance shall not affect any development agreements, approvals, permits, or conditions applicable to the property within the District except as specifically stated herein. Section 3. Adoption of Plan of Dissolution. The City hereby approves the Plan of Dissolution of the Arden Park Community Development District, which is attached as an exhibit to the Resolution. Section 4. Dissolution of District. Once all community development services of the District have been terminated and upon compliance with all the terms of the Plan of Dissolution, the District shall record a Notice of Dissolution in the public records of Orange County, Florida. Upon the adoption of this Ordinance and recording of the Notice of Dissolution, the District is dissolved without further action by either the City or the District. Section 5. Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. Section 6. Effective Date. This Ordinance shall take effect as provided by law. PASSED AND ADOPTED this 17th day of May, 2016. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA tAA" r Oa_ - - - , City Clerk Ac.-1-1—n. Rusty Johns. ayor \ e,(an;f S1b10-4' (SEAL) ADVERTISED MAY 5th, 2016 READ FIRST TIME MAY 3, 2016 READ SECOND TIME AND ADOPTED MAY 17, 2016 UNDER AGENDA ITEM NO. 9 FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY THIS 1314 DAY OF MAN/ , 2016. SHUFFIELD, LOWMAN & WILSON, P.A. By: _ Ci Att. 4 EXHIBIT A 5 t s4 Et RESOLUTION 2016-01 A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE ARDEN PARK COMMUNITY DEVELOPMENT DISTRICT ADOPTING A PLAN OF DISSOLUTION; REQUESTING THAT THE BOARD OF CITY COMMISSIONERS OF THE CITY OF OCOEE, FLORIDA, ADOPT A NON-EMERGENCY ORDINANCE TO PROVIDE FOR THE DISSOLUTION OF THE ARDEN PARK COMMUNITY DEVELOPMENT DISTRICT; DIRECTING THE DISTRICT MANAGER AND DISTRICT COUNSEL TO TAKE APPROPRIATE ACTION TO DISSOLVE THE ARDEN PARK COMMUNITY DEVELOPMENT DISTRICT IN ACCORD WITH THE NON-EMERGENCY ORDINANCE ADOPTED BY THE BOARD OF CITY COMMISSIONERS OF CITY OF OCOEE, FLORIDA, AND THE PLAN OF DISSOLUTION; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Arden Park Community Development District (the "District") was established by Ordinance No. 2015-008 of the Board of City Commissioners of the City of Ocoee,Florida,pursuant to Chapter 190,Florida Statutes,and WHEREAS, the District is located wholly within the boundaries of the City of Ocoee, Florida(the"City");and WHEREAS, Standard Pacific of Florida, a Florida general partnership, is the landowner of 100%of the land within the District("the Landowner");and WHEREAS, the District has not taken any actions regarding planned community development services to the lands located within the District and has not levied any debt special assessments against the assessable real property located within the District for the purposes of funding any planned community development services;and WHEREAS, the District's Board of Supervisors has determined that based upon information provided to it by the Landowner, and the current economic conditions and the level of improvements already completed within the District, that the planned community development services to be provided to the lands within the boundaries of the District may be provided by the Landowner in a manner as efficiently as the District and at a level of quality equal to the level of quality to be delivered to the users of those services by the District, at an annual cost that would be equal to or lower than the annual assessment amount that could be levied by the District; and Page 1 of 5 WHEREAS,the District has received a written request from the Landowner to dissolve the District; and WHEREAS, the District has received written consent to the dissolution of the District from the sole Landowner;and WHEREAS,the District's termination will not harm or otherwise injure any interests of the Landowner, nor harm nor otherwise injure any interests of any other party within or without the District; and WHEREAS,the District's Board of Supervisors fords that it is in the best interest of the District and the Landowner that the District be dissolved and that the planned community development services be provided by the Landowner; and • WHEREAS, the District has prepared a Plan of Dissolution that provides for the orderly dissolution of the District and for the final dispensation of all records, financial accounts and contracts; and WHEREAS, the District's Board of Supervisors desires that the City adopt a non.- emergency ordinance to provide for the dissolution of the District in accord with Section 190.046(9),Florida Statutes(2015). NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE ARDEN PARK COMMUNITY DEVELOPMENT DISTRICT: SECTION 1. INCORPORATION OF WHEREAS CLAUSES. All of the above representations, findings, and determinations contained within the Whereas Clauses of this Resolution are recognized as true and accurate, and are expressly incorporated into this Resolution. SECTION 2. APPROVAL OF PLAN OF DISSOLUTION. The District hereby approves the Plan of Dissolution,attached to this Resolution as Exhibit A. SECTION 3. REQUEST FOR ACTION. The District hereby requests that the City adopt a non-emergency ordinance to provide for the termination of the District in accord with Section 190.046(9),Florida Statutes(2015). SECTION 4. DIRECTION TO DISTRICT MANAGER AND DISTRICT COUNSEL. The District Manager and District Counsel are hereby directed to take the appropriate actions to transmit this Resolution to the City. Upon the adoption of a non- emergency ordinance by the City, the District Manager and District Counsel are further directed to proceed with the necessary steps as outlined in the Plan of Dissolution to effectuate an orderly termination of the District. Page 2 of 5 SECTION 5. SEVERABILITY. The invalidity or unenforceability of any one or more provisions of this Resolution shall not affect the validity or enforceability of the remaining portions of this Resolution,or any part thereof. SECTION 6. EFFECTIVE DATE. This Resolution shall take effect immediately upon the passage and adoption of this Resolution by the Board of Supervisors of the Arden Park Community Development District. PASSED AND ADOPTED in public session this 22nd day of January,2016, ATTEST: BOARD OF SUPERVISORS OF THE ARDEN PARK COMMUNITY DEVELOPMENT DISTRICT r_i_ G c‹,r j e. 5. Pie Assi tat Secretary Page 3 of 5 EXHIBIT A PLAN OF DISSOLUTION FOR THE ARDEN PARK COMMUNITY DEVELOPMENT DISTRICT 1. PURPOSE. The purpose of this Plan of Dissolution is to provide a plan for the orderly dissolution of the Arden Park Community Development District(the"District"). 2. CONSTRUCTION. This Plan of Dissolution shall be construed liberally to accomplish the smooth and orderly dissolution of the District. 3. AUTHORITY. Section 190.046(9), Florida Statutes (2015), provides that if a district has no outstanding fmancial obligations and no operating or maintenance responsibilities, upon petition of the district, the district may be dissolved by a non-emergency ordinance of the local governmental entity that established the district. 4. SERVICES. The District is currently managed by a contract administrator and has no employees. Counsel has been retained by the District to provide legal services to the District. The District currently does not provide any community development services to the owners of lands within the boundaries of the District. The District Manager and District Counsel are responsible for filing any final reports or other documents on behalf of the District that are required by law, and for performing any and all other actions on behalf of the District within thirty (30) days after the effective dissolution of the District. Prior to submitting the resolution requesting dissolution to the Board of City Commissioners of the City of Ocoee, Florida (the "County"), the District shall pay or cause to be paid all outstanding District expenses, including among others invoices from the District Manager and District Counsel, and including invoices sufficient to cover the expenses associated with the dissolution process. 5. ASSETS AND LIABILITIES. The District has no real property, infrastructure or other assets and has no debt or maintenance responsibilities. 6. CONTRACTUAL OBLIGATIONS OF THE DISTRICT. A. All contractual obligations shall be addressed as follows: (1) The District's agreement with the firm of Hopping Green& Sams, P.A.,to serve as District Counsel shall terminate upon the effective dissolution of the District. The District Manager will obtain an appropriate release from Hopping Green&Sams,P.A. (2) The District's agreement with the firm of Governmental Management Services, LLC, to serve as District Manager shall terminate upon the effective dissolution of the District. The District Manager will obtain an appropriate release from Governmental Management Services,LLC. Page 4 of 5 (3) The District's agreement with the firm of Dewberry Engineering, Inc.,to serve as District Engineer shall terminate upon the effective dissolution of the District. The District Manager will obtain an appropriate release from Dewberry Engineering,Inc. (4) All other agreements of the District shall expire and be void upon the effective dissolution of the District. 7. NOTICE OF DISSOLUTION. District Counsel shall file a Notice of Dissolution of the Arden Park Community Development District in the public records of Orange County, Florida. A copy of the Ordinance passed by the County dissolving the District shall be transmitted to the Florida Department of Economic Opportunity pursuant to Section 189.418, Florida Statutes(2015). 8. MODIFICATION OF THE PLAN OF DISSOLUTION. The District's Board of Supervisors may modify this Plan of Dissolution by Resolution prior to the effective date of any ordinance of the County dissolving the District. 9. OFFICIAL DISTRICT RECORDS. All official records of the District shall be transferred to the Florida Secretary of State by the District Manager. However, such a transfer of official District records shall not occur as long as the District has an obligation,under any law, to keep and maintain any such official District record. If any official record of the District cannot be transferred prior to the dissolution of the District, then the failure by the District Manager to transfer such a record shall not cause this Plan of Dissolution not to be completed within the time permitted. Any such record shall be transferred by the District Manager to the Florida Secretary of State as soon as is practicable after the dissolution of the District, in accord with this Plan of Dissolution. 10. OPERATION OF THIS PLAN OF DISSOLUTION. This Plan of Dissolution shall become effective upon adoption of a Resolution by the District's Board of Supervisors approving this Plan of Dissolution. After complying with the terms of this Plan of Dissolution, the District will be dissolved without any further action. Page 5 of 5 EXHIBIT B Consent and Joinder of Landowners to the Dissolution of the Arden Park Community Development District The undersigned understands and acknowledges that the Arden Park Community Development District(the "District") intends to seek dissolution of the District in accordance with the provisions of Chapter 190.046(9), Florida Statutes. As the owner of all the lands within the Arden Park Community Development District, the undersigned hereby consents to the dissolution of the District. The undersigned also hereby waives the right to object to the District's failure to comply with any and all requirements prescribed by Florida Law, including,but not limited to, Chapters 189 and 190, Florida Statutes. A description of the District lands owned by the undersigned is more fully described in Exhibit A attached hereto and made a part hereof. The undersigned acknowledges that this consent will remain in full force and effect until the dissolution of the District is final. The undersigned hereby represents and warrants that it has taken all actions and obtained all consents necessary to duly authorize the execution of this consent and joinder by the officer executing this instrument. iL Executed this B day of CI to r v 4 r ,2016. Witnessed: STANDARD ' • OF FLORIDA, • a Fl 'da'gepe 'I pa ai Print Name: C-, ..- t S. Its: rc�'at,, Print Name: Si-Hc-c- !^• ��r �. � - STATE OF cis r i COUNTY OF 6, , I hereby certify that on this day,before me,an officer duly authorized to take acknowledgments,personally appeared S" � s M<<'r b,a,._, . VA LC. P' of Standard Pacific of Florida,a Florida general partnership, who executed the foregoing instrument,acknowledged before me that he executed the same on behalf of the foregoing entity and was identified in the manner indicated below. Witness my hand and official seal in the County of d.' ,r, and State of no..Q-..this &s `day of (' 2016. L ` S Notary Public GEORGE s.FLINT Personally known: � NOTARY PUBLIC Produced Identification: ✓ _ 10,'' ` Jet-STATE OF FLORIDA Type of Identification: -oL.,... . . .. - . COMM.FF046510 • Expires 10/18/2017