Ordinance 2015-04 ORDINANCE NO.2015- 04
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, PROVIDING FOR THE DISSOLUTION
OF THE PARKLANDS COLLIER COMMUNITY DEVELOPMENT
DISTRICT PURSUANT TO SECTION 190.046(9), FLORIDA STATUTES;
PROVIDING FOR THE DISSOLUTION OF ALL THE COMMUNITY
DEVELOPMENT SERVICES OF THE PARKLANDS COLLIER
COMMUNITY DEVELOPMENT DISTRICT IN ACCORDANCE WITH A
PLAN OF DISSOLUTION; PROVIDING FOR SEVERABILITY; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Parklands Collier Community Development District (the "District")
was established by Ordinance No. 2006-24 of the Board of County Commissioners of Collier
County, Florida,pursuant to Chapter 190, Florida Statutes, on May 23, 2006; and
WHEREAS, the District is located wholly within the boundaries of Collier County,
Florida(the "County"); and
WHEREAS, the District operations have been and currently are funded solely by the
contributions, in lieu of taxes or assessments, by Parklands Associates I, LLLP the sole
landowner within the District(the "Landowner"); and
WHEREAS, the District's Board of Supervisors and the Landowner, who owns one
hundred percent (100%) of the lands within the District, request that the County adopt this non-
emergency ordinance providing for the dissolution of all community development services of the
District and provide for the dissolution of the District in accordance with Section 190.046(9),
Florida Statutes (2014); and
WHEREAS, the District's Board of Supervisors has adopted Resolution No. 2014-3
dated September 30, 2014, adopting a Plan of Dissolution (the "Plan") and expressing the
District's desire that the County adopt the same Plan as attached hereto as Exhibit A; and
WHEREAS, the District has not issued any bonds, notes or other forms of indebtedness;
and
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WHEREAS, the Plan provides for the satisfaction of any remaining contractual
obligations and upon following such provisions the District will have no outstanding financial
obligations or contractual obligations; and
WHEREAS, the District does not own any infrastructure or other public assets,
improvements or facilities and, therefore, has no outstanding operating or maintenance
obligations; 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 or otherwise injure any
interests of any other party within or without the District.
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 the 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 Parklands Collier
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, the District shall file a copy of the Plan and this
Ordinance with the Clerk of the Twentieth (20th) Judicial Circuit in and for Collier County,
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Florida, in accordance with Section 190.046(6), Florida Statutes. Upon the filing of the Plan and
this Ordinance with the Clerk of the Circuit Court, the District will be dissolved without further
action by either the County or the District.
SECTION FIVE: CONFLICT AND SEVERABILITY.
In the event this Ordinance conflicts with any other ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is 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.
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 27th day of January , 2015.
ATTEST: - BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BR.00K,CLERK COLLIER COUNTY, FLORIDA
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Attest as to It,
signature only
Approved as to form and legality:
Emily R. Pe• n -'
Assistant C. my Attorney
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EXHIBIT A
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PLAN OF DISSOLUTION FOR
PARKLANDS COLLIER COMMUNITY DEVELOPMENT DISTRICT
1. PURPOSE. The purpose of this Plan of Dissolution is to provide a plan for the orderly
dissolution of Parklands Collier 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 provides that if a district has no
outstanding financial 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. Legal Counsel has been retained by the District to provide legal services to the District
("District Counsel"). 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 and petition requesting dissolution
to the Board of County Commissioners of Collier County, Florida ("BCC"), Parklands Associates I,
LLLP will pay 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 owns no real property in fee simple. The
District owns no infrastructure or other assets and has no debt or maintenance responsibilities.
6. CONTRACTUAL OBLIGATIONS OF THE DISTRICT.
A. All contractual obligations of the District shall be addressed as follows:
(1) Except for those duties and obligations required of the District Counsel
pursuant to this Plan of Dissolution, the District's agreement with the
firm of Coleman, Yovanovich and Koester, PA to serve as District
Counsel shall terminate upon the effective dissolution of the District.
The District Manager will obtain an appropriate release from Coleman,
Yovanovich and Koester,P.A.
(2) Except for those duties and obligations required of the District Manager
pursuant to this Plan of Dissolution, the District's agreement with the
firm of Wrathell, Hunt & Associates, to serve as District Manager shall
terminate upon the effective dissolution of the District. The District
Manager will obtain an appropriate release from Wrathell, Hunt &
Associates. •
(3) Prior to submitting the resolution requesting dissolution to the BCC, the
District Manager on behalf of the District shall terminate any other
EXHIBIT A
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pending District agreements by sending notice of termination to, and
obtaining an appropriate release from, each of the contractors and/or
consultants.
B. All revenue agreements with Parklands Associates I, LLLP shall expire and be
void upon final payment of all financial obligations of the District to any third party beneficiary,
including any payments due to any other governmental entity, the District Manager and/or District
Counsel resulting from the dissolution of the District.
7. FINANCE. Prior to submitting the resolution and related petition requesting dissolution
to the BCC, Parklands Associates I, LLLP will pay or fund all outstanding invoices or accounts of the
District. In the event the District recovers any pre-paid premiums from canceled insurance policies, such
premiums shall first be used to pay the outstanding invoices or accounts of the District and then, if all
invoices or accounts of the District are settled with no amounts due or outstanding, any remaining money
shall be returned to Parklands Associates I,LLLP.
S. NOTICE OF DISSOLUTION. Following the adoption of an ordinance by the BCC to
dissolve the District, District Counsel shall file a Notice of Dissolution of Parklands Collier Community
Development District in the Public Records of Collier County, Florida. A copy of the ordinance passed
by the BCC dissolving the District shall be transmitted to the Florida Department of Economic
Opportunity pursuant to Section 189.016, Florida Statutes.
9. 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 passed by the BCC dissolving the District.
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 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 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.
11. 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.
FLORIDA DEPARTMENT Of STATE
RICK SCOTT KEN DETZNER
Governor Secretary of State
February 2, 2015
Honorable Dwight E. Brock
Clerk of the Circuit Court
Collier County
Post Office Box 413044
Naples, Florida 34101-3044
Attention: Ann Jennejohn, Deputy Clerk
Dear Mr. Brock:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 15-04, which was filed in this office on February 2, 2015.
Sincerely,
Ernest L. Reddick
Program Administrator
ELR/lb
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270 • Facsimile: (850) 488-9879
www.dos.state.fl.us