Ahead of this Wednesday’s Board of Supervisors meeting of the Central Florida Tourism Oversight District, the Board has uploaded an agenda package that outlines their argument to void the Development Agreement with the District. The Board says that they will direct litigation counsel to commence litigation to have the development agreement declared void and unenforceable. They will also instruct counsel to have the development agreement “terminated or stricken from the public records of Orange and Osceola Counties and to assert these legislative findings and seek remedies regarding the same”.
Attached as an exhibit to agenda item 8.1, the findings of the District and the Acting General Counsel formalize items that we’ve heard in previous meetings.
Failure to Properly Notify
The findings start by claiming that the Reedy Creek Improvement District failed to properly notify landowners in the district of the planned Development Agreement. The document says that RCID provided two public hearings and properly notified via the Orlando Sentinel. That said, the findings say that “such notices published in the newspaper did not fully inform the public or other property owners of the purposes or contents of the development agreement and how other property owners and the taxpayers of the District were affected by such proposed agreement.”
The findings also say that RCID did not mail notice of intent to consider a development agreement to all property owners. The findings say that the former Board of Supervisors failed to comply with 163.3225(2)(a), rendering the development agreement void and unenforceable.
Lack of Procedures
Another argument that we heard in the last Board of Supervisors meeting was that the former RCID did not establish procedures and requirements to consider and enter into a development agreement. The findings say that the lack of procedures means that the District was “not authorized to enter a development agreement”. The findings conclude that the lack of procedures means that the Development Agreement is void and unenforceable.
Bay Lake and Lake Buena Vista
Another argument put forth in the findings is that the Development Agreement oversteps, and assigns control of certain properties within Bay Lake and Lake Buena Vista. The document says the only signatories to the development agreement are RCID and Disney. The cities of Bay Lake and Lake Buena Vista did not sign the agreement and they did not conduct public hearings on the agreement. On this point, the findings say that the District did not have the authority or jurisdiction to hand over the development rights of these city properties, and by doing so, the development agreement is void and unenforceable.
The 92-point document continues to allege procedural infirmities and concludes the current Board “has no desire to readopt or ratify such instruments”. In short, the new Board will move to void the Development Agreement.
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