Ordinance 2009-47
ru~ @\H \'!J ~ ~
\\J\l SEP 28 Z009 W
^ ~ - r1f\l I ORDINANCE NO. 09 _~
By ~ =
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
PROVIDING FOR THE DISSOLUTION OF THE ARTESIA
NAPLES COMMUNITY DEVELOPMENT DISTRICT
PURSUANT TO SECTION 190.046(9), FLORIDA ,.j
~""., t"...,:,
STATUTES; PROVIDING FOR THE DISSOLUTION OF r: g
ALL THE COMMUNITY DEVELOPMENT SERVICES OF ;: ~
THE ARTESIA NAPLES COMMUNITY DEVELOPMENT ~~: -, Cd "
DISTRICT, IN ACCORDANCE WITH A PLAN OF t?,. ~ 1'=
DISSOLUTION; PROVIDING A SEVERABILITY CLAUSE; H~ ;!:1lo"n
AND PROVIDING AN EFFECTIVE DATE. 2-: ~ b
:_cl
Recitals 5~:! -
:;;:,,; . I .s.:-
WHEREAS, the Artesia Naples Community Development District (the "District") was
established by Ordinance No. 06-33 of the Board of County Commission of Collier County,
Florida (the "Board"), pursuant to Chapter 190, Florida Statutes, on June 20, 2006; and
WHEREAS, the District is located wholly within the boundaries of Collier County,
Florida (the "County"); and
WHEREAS, the District operations currently are funded solely by assessments; and
WHEREAS, the Board consented to the exercise of additional powers by the Board of
Supervisors of the District by adopting Ordinance No. 2007-45; and
WHEREAS, the District has not issued any bonds, notes or other forms of indebtedness
and has no outstanding fimmcial obligations and no operating or maintenance responsibilities;
and
WHEREAS, the dissolution of the District will not harm or otherwise injure any interests
of the current owners of land or residents of 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 request that the County adopt this non-
emergency ordinance providing for the dissolution of all community development services of the
District and to provide for the dissolution of the District in accordance with Section 190.046(9),
Florida Statutes (2007); and
WHEREAS, the District's Board of Supervisors has adopted Resolution No. 2009-3
dated May 19, 2009 adopting a Plan of Dissolution and expressing the District's desire that the
Page 1 of3
County adopt the same Plan of Dissolution, which Plan of Dissolution is attached to this
Ordinance a Exhibit "A".
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE: AUTHORITY FOR ORDINANCE.
This Ordinance is adopted in compliance with and pursuant to the Uniform Community
Development Act of 1980 codified in Chapter 190, Florida Statutes,
SECTION TWO: INCORPORATION OF WHEREAS CLAUSES.
All of the above representations, findings and determinations contained within the
Whereas Clauses of this Ordinance are recognized as true and accurate, and are incorporated
expressly into this Ordinance and made a material part of this Ordinance.
SECTION THREE: ADOPTION OF PLAN OF DISSOLUTION.
The County hereby approves and adopts the plan of Dissolution of the Artesia Naples
Community Development District, attached to this Ordinance as Exhibit "A".
SECTION FOUR: DISSOLUTION OF DISTRICT.
Once all community development services of the District have been dissolved and upon
compliance with all the terms of the Plan of Dissolution, the District shall file a copy of the Plan
of Dissolution and this Ordinance with the Clerk of the Twentieth (20th) Judicial Circuit in and
for Collier County, Florida, in accordance with Section 190.046(6), Florida Statutes, Upon the
filing of the Plan of Dissolution and this Ordinance with the Clerk of the Circuit Court, the
District is hereby dissolved without further action by either the County or the District.
SECTION FIVE: SEVERABLITY.
In any provision of this Ordinance or the application thereof is finally determined by a
court of competent jurisdiction to be invalid, illegal or unenforceable, such provision shall be
deemed to be severable and the remaining provisions shall continue in full force and effect
Page 2 of3
provided that the invalid, illegal, or unenforceable provision is not material to be logical and
intended interpretation of this ordinance.
SECTION SIX: EFFECTIVE DATE
This Ordinance shall take effect upon filing with the Florida Department of State,
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this.lS:. day of~, 2009.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT:~l\~~~~7~LERK COLLIE~TY' FLJ: _
"",lo, ,^ '. .-
~t" - -. ';
^ ~ :-L~
'--
~ ,.. By:
':-"'ttft",.,,:~tG'_~et DONNA FIALA, CHAIRMAN
, :i,,1~..t,~r.'bq;/"
I.,~ . ~;. tf 3 ~ ~:\:' \ )
Approved as to form
and legal sufficiency:
~Al A C /to
eidi Ashton-Cicko,
Land Use Section Chief
Assistant County Attorney
"'Is OIdlnonce filed with the
SIa..ft..Iy of State \ Office the
~ day of Se.-p ., eXocsA
and acknowledgeme tf1at
'iii 'ved is day
of
Page 3 of3
I EXHIBIT "A"
I PLAN OF DISSOLUTION FOR
ARTESIA NAPLES COMMUNITY DEVELOPMENT DISTRICT
I 1. PURPOSE. The purpose of this Plan of Dissolution is to provide a plan for the orderly
dissolution of Artesia Naples Community Development District (the "District").
I 2. CONSTRUCTION. This Plan of Dissolution shall be construed liberally to accomplish the
smooth and orderly dissolution of the District.
I 3. AUTHORITY. Section 190.046(9), Florida Statutes provides that if a district has no outstanding
financial obligations and no operating or maintenance responsibilities, upon petition of the district, the
I district inay be dissolved by anon-emergency ordinance of the local governmental entity that established
the district.
4. ASSIGNMENT OF RIGHTS TO MASTER ASSOCIATION. In connection with the
I dissolution of the District, the District and Artesia Naples Master Association, Inc. (the "Master
Association") have entered into that certain Agreement Relating to CDD Dissolution dated May 19,2009
(the "Master Association Agreement") wherein, among various items, certain property interests of the
I District will be assigned to the Master Association and the Master Association will assume the rights and
obligations of the District under that certain Landscape Maintenance Agreement with Collier CoWlty
dated January 28, 2008 and recorded May 22, 2008 in Official Records Book 4363, Page 284 of the
I Public Records of Collier County, Florida ("ROW Agreement"). This agreement between the District and '
the Master Association is contingent upon, and shall be effective upon, the adoption by the Board of
County Commissioners of Collier County of an ordinance dissolving the District and approval of the
I assignment to the Master Association.
5. SERVICES. The District is currently managed by a contract administrator and has no
I employees. Legal counsel has been retained by the District by. contract to provide legal services to the
District. As a result of the asswnption by the Master Association of the District's obligations Under the
I ROW Agreement, the District will not provide any community development services to the owners of
I lands within the bOlmdaries of the District The District Manager and District Counsel are responsible for
i
I I filing any final reports or other documents on behalf of the District that are required by law, and for
I
I performing any and all other, actions on behalf of the District within thirty (30) days after the effective
I dissolution of the District. Following dissolution of the District, all outstanding invoices from the District
I
I Manager and District Counsel are intended to be paid by operating funds of the District.
6. ASSETS AND LIABILITIES. The District owns no real property in fee simple. All other real
I property interests of the District are being conveyed to the Master Association pursuant to the Master
Association Agreement. The District owns no infrastructure or other assets and has no debt
responsibilities,
I 7. CONTRACTUAL OBLIGATIONS OF THE DISTRICT. All existing contractual obligations
of the District shall be addressed as follows:
I (a) The District's agreement with the firm of Darrill Management Group, Inc. to serve as
District Manager shall terminate upon the effective dissolution of the District. The District will obtain an I
appropriate release other acknowledgment of the termination from DorriU Management Group, Inc.
I
(b) The District's agreement with the law firm of Goodlette, Coleman, Johnson, Yovanovich
& Koester, P.A. to serve as District Counsel shall terminate upon the effective dissolution of the District.
I I
I
I
~-;;;;;';J./J:.';. ~. ..:: ~ _'~ ;' . . , ,
.. . , '1, -. . '. ' . '
.., ::
."~....-
I
I The District will obtain an appropriate release or other acknowledgment of the termination from
Goodlette, Coleman, lolmson, Yovanovich & Koester, P.A.
I (c) The District's agreement with AlC Associates, Inc. for special assessment roll services
shall be terminated by the District upon the effective dissolution of the District. The District will obtain
I an appropriate release other acknowledgment of the termination from AlC Associations, Inc.
(d) The District's agreement with Q. Grady Minor and Associates for engineering work shall
be terminated by the District upon the effective dissolution of the District. The District will obtain an
I appropriate release other acknowledgment of the termination from Q. Grady Minor and Associates.
(e) The District's Interlocal Agreement with the Collier County Tax Collector for tax roll
I services shall be terminated by the District upon the effective dissolution of the District. The District will
obtain an appropriate release other acknowledgment of the tennination from the Collier County Tax
Collector.
I (f) The District's Interlocal Agreement with the Collier County Property Appraiser for tax
roll services shaH be tenninated by the District upon the effective dissolution of the District, The District
I will obtain an appropriate release other acknowledgment of the termination from the Collier County
Property Appraiser.
(g) The District's Facilities Operation and Maintenance Agreement with the Master
I Association wherein the Master Association would maintain future District systems and facilities shall be
terminated by the Master Association Agreement upon the effective dissolution of the District.
I (h) All other contracts of the District, if any, existing at the time of dissolution shall be
terminated and the District shall obtain appropriate releases.
I 8. FINANCE. The District maintains one operating account with Fifth Third Bank. The revenue in
this operating account is provided by way of an annual operating and maintenance special assessment
levied against, and paid to the District by, the property owners within the District. Said assessment is
I collected on the Collier County property tax rolls through the services of the Collier County Property
Appraiser and Collier County Tax Collector. Following the dissolution of the District and fulfillment of
all financial obligations of the District, the balance of this operating account, if any, shall be refunded to
I the owners of the District on a pro rata basis.
9. NOTICE OF DISSOLUTION. District Counsel shall file a Notice ofDissoJution of the Artcsia
Naples Community Development District in the Public Records of Collier' County, Florida. A copy of the
I Ordinance passed by the County dissolving the District shall be transmitted to the Florida Department of
Community Affairs by the County pursuant to Section 189.418, Florida Statutes.
I 10. 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
I 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 to not be completed within the time permitted. Any such record shall be
I 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.
I
2
I
it'l- . "
"
--..--
I
I 11. OPERATION OF TIllS PLAN OF DISSOLUTION. This Plan of Dissolution shall be carried
I out in accordance with Resolution 2009-3 of the District's Board of Supervisors to dissolve the District.
After complying with the terms of this Plan of Dissolution, the District will be dissolved without any
further action.
I Adopted May 19,2009.
I
I
I
I
I
I
I
I
I
I
I
I
I
I
3
I
i
~ .. <./1< , . , : ,
- '^; . ,
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true and correct
copy of:
ORDINANCE 2009-47
Which was adopted by the Board of County Commissioners
on the 15th day of September, 2009, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 18th
day of September, 2009,
DWIGHT E. BROCK Ji"
./,', .
Clerk of Courts a~~'Cl~~~
Ex-officio tc? BQ~rd'iof, ,-
County Commi~~~pers ;',,"
~~
" '" '. " '
~'..~ . ';;'"
",-,. ,.' -
Polaski,
Clerk