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14-025 1 1 ORDINANCE NO. 14 -025 2 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 3 j FLORIDA, RELATING TO THE QUANTUM COMMUNITY 4 DEVELOPMENT DISTRICT; PROVIDING FOR 5 LEGISLATIVE FINDINGS; SPECIFYING AUTHORITY; 6 DISSOLVING THE QUANTUM COMMUNITY 7 DEVELOPMENT DISTRICT PURSUANT TO SECTION 81 190.046(9), FLORIDA STATUTES; PROVIDING FOR 9 I RELIANCE UPON REPRESENTATIONS; SPECIFYING 10 3 INTENT; PROVIDING FOR CONFLICTS, SEVERABILITY 11 I AND AN EFFECTIVE DATE. 12 I 13 ; WHEREAS, the Florida Legislature has enacted and amended chapter 190, Florida 141 Statutes to provide an alternative method to finance and manage basic services for community 15 I development; and 16 WHEREAS, on July 16, 1991, the City Commission adopted Ordinance No. 091 -48 17 establishing the Quantum Community Development District (the "District "); and 181 WHEREAS, Section 196.046(9), Fla. Stat. provides that if a district has no 19 outstanding financial obligations and no operating or maintenance responsibilities, upon the 20 j petition of the district, the district may be dissolved by a nonemergency ordinance of the City 21 Commission that established the district; and 22 WHEREAS, the Board of Supervisors of the District adopted Resolution No. 2014 -01 23 authorizing District Counsel to file a petition with the City to dissolve and terminate the 24 District (the "Petition "), a copy of the Petition is attached hereto as Exhibit "A "; and 25 WHEREAS, the District submitted the Petition to the City, and requested that the 26 City adopt an ordinance terminating and dissolving the Quantum Community Development 27 District pursuant to Section 190.046(9), Fla. Stat.; and 28 WHEREAS, the Petition represents to the City that the District has no outstanding 29 financial obligations and no operating or maintenance responsibilities; and \ \Apps3 City Cbb\Auto \Data\220 \Items\211 \3136\ 4099\ Ordinance _- _Dissolvmg_Quantum_CDD_ Doc 1 1 may be renumbered, re- lettered and the word "Ordinance" may be changed to "Section," I; 21 "Article ", or such other word or phrase in order to accomplish such intention. 1 3i ` SECTION 7. If any clause, section, or other part or application of this Ordinance 4J 1 shall be held by any court of competent jurisdiction to be unconstitutional or invalid, such 5 unconstitutional or invalid part or application shall be considered as eliminated and so not 61 affecting the remaining portions or applications remaining in full force and effect. 7 SECTION 8. All Ordinances or parts of Ordinances, Resolutions or parts of 8 Resolutions in conflict herewith be and the same are hereby repealed to the extent of such 91 conflict. 101 SECTION 9. This Ordinance shall become effective immediately upon its passage jl 11 and adoption. 12 1 1 FIRST READING this 16 day of September, 2014. 1311 SECOND, FINAL READING AND PASSAGE this 7 day of CCT. , 2014. 14 1 V 0 T E CITY OF BOYNTO BEACH, FLORIDA 15 m 16 YES ..L ' ,- 17 *I yor /- I l , : f 19 YES � ► ' 20 '\ i u . or — J. - Casello 21 22 YES I. ■ k■ 23 Com . _ . -r— Mavis . - . — -. 24 '-" 25 YlaS ( ',... 26 • .• - ;sioner • .ck o rax 27 28 YES A 29 Commissioner- Michael M. itzpatrick 30 ATTEST: 31 _ _ 4 . • 0 _ . 33 4 .' " ` ' , MC 34 2 0 e ` 35 ( • t ;' Seal) \ , 0 City •...\Auto\D l a 0 \Items\21 I\ 3136\ 4099\ Ordinance _- _Dissolvmg_Quantum_CDD_ Doc E x ■ 6%+ A CITY COUNCIL CITY OF BOYNTON, FLORIDA IN RE: PETITION FOR DISSOLUTION OF ) QUANTUM COMMUNITY DEVELOPMENT DISTRICT ) PETITION The Board of Supervisors of the Quantum Community Development District ( "Petitioner "), a community development district established pursuant to City of Boynton Beach Ordinance No. 091 -48 in the manner provided by the Uniform Community Development District Act of 1980, Chapter 190, Florida Statutes (the "Act ") hereby petitions the Boynton Beach City Council to adopt a non - emergency ordinance dissolving the Quantum Community Development District (the "District ") in accordance with Sections 190.046(9) of the Act and, in support thereof, attests as follows: 1. On July 16, 1991, the Boynton Beach City Council enacted Ordinance No. 091 -48 pursuant to the Act establishing the District. The boundaries of the District are located wholly within the incorporated boundaries of City of Boynton Beach, Florida (the "City "). A Iegal description of those boundaries is attached as Exhibit "A." 2. The District previously issued bonds and acquired bank loans for the construction of certain improvements within its boundaries; constructed those improvements; maintained the improvements for a number of years; and subsequently conveyed all of its assets (including the improvements) to the Quantum Park Overlay Dependent District (the "QPODD "). 3. The improvements constructed by the District were inspected by the City and are deemed to be complete. 4. 'The bonds issued by the District the bank loans to construct the improvements have been paid in full and the District currently has no financial obligations. S. The Petitioner has heretofore determined that it is in the best interests of the District and the current and future landowners of the lands within its boundaries that the District's existence be terminated. Section 190.046(9) of the Act provides that a community development district may be dissolved, upon petition by the district, if a district has no outstanding financial obligations and no operating or maintenance responsibilities. 6. All statements contained within this Petition are true and correct. WHEREFORE, Petitioner, hereby respectfully requests the Boynton Beach City Council to grant this petition and enact a non - emergency ordinance pursuant to Sections 190.046(9) of the Act and other application law dissolving the Quantum Community Development District. Respectfully submitted this _ 8 24- day of 4 ,dPr, 2014. � JJJ Page 4 QUANTUM COMMUNITY DEVELOPMENT DISTRICT / - --•/ " r .[ . i // .��� B , : ec a ry, Board o t Superv e rs 1 STATE OF FLORIDA ) COUNTY OF MIAMI -DADE ) i The fore ins e t was ackn wedged before me this `j5 day of Qpn �- , 2014, by cQ/', 1/n , the Secretary of the oard of s upervisors for the Quantum Community velopment District. He is personally known to me or has produced as identification. My Commission Expires: AAA A 1 otary Public Jr of Florida , , o ��i'r" "+a PATRICIA LASCASAS i ,? Notary Public • Stale oI Ronde . ' . m y Comm. E May 6590111 r u.. G T7�C Ot Zei,6...Cq. a „t;+ commie :ion r F e Printed Name 2 Page 5