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HomeMy WebLinkAboutO-2012-027 Dissolution of the Aqua Isles Community Development District ORDINANCE NO. 2012-027 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE DISSOLUTION OF THE AQUA ISLES COMMUNITY DEVELOPMENT DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Dania Beach, Florida (the "City"), adopted Ordinance No. 2007-08 on April 24, 2007, establishing the Aqua Isles Community Development District(the"District"),pursuant to Section 190.005, Florida Statutes; and WHEREAS, the Board of Supervisors of the District has submitted a Petition (the "Petition") to the City Commission dated October 15, 2012, requesting that the District be dissolved; and WHEREAS, the District has provided information to the City that, as of the date of the adoption of this Ordinance, the District has no further outstanding fmancial obligations, nor any further operating or maintenance responsibilities; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH,FLORIDA: Section 1. That the City authorizes the dissolution of the Aqua Isles Community Development District and is authorized to adopt this Ordinance under the authority granted by the provisions of Chapter 166, Florida Statutes, Section 190.046(9), Florida Statutes, and other applicable provisions of law. Section 2. That it is determined that: A. The District Board of Supervisors has petitioned the City to dissolve the Aqua Isles Community Development District. B. The District has provided information to the City that, as of the date of adoption of this Ordinance, it has no further outstanding financial obligations, nor any further operating or maintenance responsibilities. C. The District has provided information to the City that, as of effective date of adoption of this Ordinance, it has conveyed the stormwater management system improvements to a private entity, and that the District is not responsible for, nor is the District the owner of, any other public improvements. Section 3. That the City Commission grants the Petition and dissolves the Aqua Isles Community Development District. Section 4. That if any clause, section, sentence or phrase of this Ordinance is for any reason held unconstitutional or invalid by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this Ordinance. Section 5. That all ordinances or parts of ordinances, resolutions or parts of resolutions in conflict with this Ordinance, are repealed to the extent of such conflict. Section 6. That this Ordinance shall be effective immediately upon its passage and adoption. PASSED on first reading on November 27, 2012. PASSED and ADOPTED on second reading on December 11, 2012. ATTEST: LOUISE STILSON, CMC WA ER B. DUKE III CITY CLERK MAYOR APPROVED AS FO AND CORRECTNESS: e�`o�p�Is�'RsrG "'F' THOMAA J. OSBRO CITY ATTORNEY 2 ORDINANCE#2012-027