13-01394M

FIRST INSERTION
NOTICE OF PUBLIC HEARING TO CONSIDER IMPOSITION OF SPECIAL ASSESSMENTS PURSUANT TO SECTION 170.07, FLORIDA STATUTES, BY THE FOREST CREEK COMMUNITY DEVELOPMENT DISTRICT
NOTICE OF PUBLIC HEARING TO CONSIDER ADOPTION OF ASSESSMENT ROLL PURSUANT TO SECTION 197.3632(4)(b),
FLORIDA STATUTES, BY THE FOREST CREEK COMMUNITY DEVELOPMENT DISTRICT
NOTICE OF REGULAR MEETING OF THE FOREST CREEK COMMUNITY DEVELOPMENT DISTRICT
The Forest Creek Community Development District Board of Supervisors (“Board”) will hold public hearings at 2:00 p.m. on Thursday, May 23, 2013, at the offices of Neal Communities, 8141 Lakewood Main Street, Suite 210, Bradenton, Florida, to consider the adoption of an assessment roll, the imposition of special assessments to secure proposed Series 2013 Special Assessment Bonds on benefited lands within the Forest Creek Community Development District (“District”), referred to as Forest Creek, Phase III, the depiction of which lands is approximately 41.7 acres a parcel of land lying in Section 5, Township 34 South, Range 19 East, Manatee County, Florida, located near the intersection of US Hwy 301 and Red Rooster Road, and to provide for the levy, collection and enforcement of the special assessments. The streets and areas to be improved are depicted below and in the District's Phase 3 Engineer's Report (the “Series 2013 Improvement Plan”). The public hearing is being conducted pursuant to Chapters 170, 190 and 197, Florida Statutes. A description of the property to be assessed and the amount to be assessed to each piece or parcel of property may be ascertained at the office of the District Manager's Office located at 15310 Amberly Drive, Suite 175, Tampa, Florida 33647, and at the Local Records Office located at 8141 Lakewood Main Street, Suite 210, Bradenton, Florida.
The District is a special-purpose unit of local government responsible for providing infrastructure improvements for lands within the District. The infrastructure improvements (“Series 2013 Improvements”) are currently expected to include, but are not limited to, certain amenities, street lighting, landscaping, conservation and mitigation, and other improvements, all as more specifically described in the Series 2013 Improvement Plan, on file and available during normal business hours at the addresses provided above.
The District intends to impose assessments on benefited lands within the District in the manner set forth in the District's Supplemental Phase 3 Assessment Methodology Report (the “Assessment Report”), which is on file and available during normal business hours at the addresses provided above. The Assessment Report identifies each tax parcel identification number within the District and assessments per parcel for each land use category that is currently expected to be assessed. For platted lots, the method of allocating assessments for the Series 2013 Improvements to be funded by the District is based on the Equivalent Dwelling Unit (“EDU”). The EDU factor per land use type is explained in more detail in the Assessment Report. Also as described in more detail in the Assessment Report, the District's assessments will be levied against all lands within the District.
The annual principal assessment levied against each parcel will be based on repayment over thirty (30) years of the total debt allocated to each parcel. The District expects to collect sufficient revenues to retire no more than $3,700,000 in debt to be assessed by the District, exclusive of fees and costs of collection or enforcement, discounts for early payment and interest. The proposed schedule of assessments is as follows:
Lot Width Units ERU
45' 74 1.0
52' 39 1.16
Total 113

Lot Total ERU %ERU
45' 74.00 62.12%
52' 45.07 37.85%
Total 119.07 100.00%

Lot Par Amt MADS
45' $2,299,552 $116,127
52' $1,400,448 $101,173
Total $3,700,000 $267,300
The assessments may be prepaid in whole at any time, or in some instances in part, or may be paid in not more than thirty (30) annual installments subsequent to the issuance of debt to finance the improvements. These annual assessments will be collected on the Manatee County tax roll by the Tax Collector. Alternatively, the District may choose to directly collect and enforce these assessments. All affected property owners have the right to appear at the public hearings and the right to file written objections with the District within twenty (20) days of the publication of this notice.
Also at 2:00 p.m. on Thursday, May 23, 2013, at the offices of Neal Communities, 8141 Lakewood Main Street, Suite 210, Bradenton, Florida, the Board will hold a regular public meeting to consider matters related to the construction of improvements; to consider matters related to a bond issue and special assessments to finance improvements; to consider the services and facilities to be provided by the District and the financing plan for same; and to consider any other business that may lawfully be considered by the District. The Board meeting and hearings are open to the public and will be conducted in accordance with the provisions of Florida Law for Community Development Districts. The Board meeting and/or the public hearings may be continued in progress to a date and time certain announced at the meeting and/or hearings.
If anyone chooses to appeal any decision of the Board with respect to any matter considered at the meeting or hearings, such person will need a record of the proceedings and should accordingly ensure that a verbatim record of the proceedings is made, which includes the testimony and evidence upon which such appeal is to be based.
Any person requiring special accommodations at the meeting or hearings because of a disability or physical impairment should contact the District Office at (813) 374-9105 at least two (2) business days prior to the meeting. If you are hearing or speech impaired, please contact the Florida Relay Service at 1-800-955-8770 for aid in contacting the District office.
FOREST CREEK COMMUNITY DEVELOPMENT DISTRICT
RESOLUTION 2013-4
A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE FOREST CREEK COMMUNITY DEVELOPMENT DISTRICT DECLARING SPECIAL ASSESSMENTS; INDICATING THE LOCATION, NATURE AND ESTIMATED COST OF THOSE INFRASTRUCTURE IMPROVEMENTS WHOSE COST IS TO BE DEFRAYED BY THE SPECIAL ASSESSMENTS; PROVIDING THE PORTION OF THE ESTIMATED COST OF THE IMPROVEMENTS TO BE DEFRAYED BY THE SPECIAL ASSESSMENTS; PROVIDING THE MANNER IN WHICH SUCH SPECIAL ASSESSMENTS SHALL BE MADE; PROVIDING WHEN SUCH SPECIAL ASSESSMENTS SHALL BE MADE; DESIGNATING LANDS UPON WHICH THE SPECIAL ASSESSMENTS SHALL BE LEVIED; PROVIDING FOR AN ASSESSMENT PLAT; ADOPTING A PRELIMINARY ASSESSMENT ROLL; PROVIDING FOR PUBLICATION OF THIS RESOLUTION.
WHEREAS, the Board of Supervisors of the Forest Creek Community Development District (the “Board”) hereby determines to undertake, install, plan, establish, construct or reconstruct, enlarge or extend, equip, acquire, operate, and/or maintain the infrastructure improvements (“Improvements”) described in Exhibit “A” incorporated herein by reference; and
WHEREAS, it is in the best interest of the Forest Creek Community Development District (“District”) to pay the cost of the Improvements by special assessments pursuant to Chapter 190, Florida Statutes (“Assessments”); and
WHEREAS, the District is empowered by Chapter 190, the Uniform Community Development District Act, Chapter 170, Supplemental and Alternative Method of Making Local Municipal Improvements, and Chapter 197, the Uniform Method for the Levy, Collection and Enforcement of Non-Ad Valorem Assessments, Florida Statutes, to finance, fund, plan, establish, acquire, construct or reconstruct, enlarge or extend, equip, operate, and maintain the Improvements and to impose, levy and collect the Assessments (as defined below); and
WHEREAS, the District hereby determines that benefits will accrue to the property improved, the amount of those benefits, and that special assessments will be made in proportion to the benefits received as set forth in Exhibit “B” incorporated herein by reference and on file at 15310 Amberly Drive, Suite 175, Tampa, Florida 33647 (“District Records Office”) and 8141 Lakewood Main Street, Suite 210, Bradenton, Florida (“Local District Records Office”); and
WHEREAS, the District hereby determines that the assessments to be levied will not exceed the benefits to the property improved.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE FOREST CREEK COMMUNITY DEVELOPMENT DISTRICT:
1. Assessments shall be levied to defray the cost of the Improvements.
2. The nature and general location of, and plans and specifications for, the Improvements are described in Exhibit “A”, and are on file at the District Records Office and Local District Records Office. Exhibit “B” is also on file and available for public inspection at the same location.
3. The total estimated cost of the Improvements is $2,899,743.17 (the “Estimated Cost”).
4. The Assessments will defray approximately $3,700,000 which includes the Estimated Cost, plus financing-related costs, capitalized interest, debt service reserve and contingency.
5. The manner in which the Assessments shall be apportioned and paid is set forth in Exhibit “B”, including provisions for supplemental assessment resolutions.
6. The Assessments shall be levied, within the District, on all lots and lands adjoining and contiguous or bounding and abutting upon such improvements or specially benefitted thereby and further designated by the assessment plat hereinafter provided for.
7. There is on file, at the District Records Office and the Local District Records Location, an assessment plat showing the area to be assessed, with certain plans and specifications describing the Improvements and the Estimated Cost of the Improvements, all of which shall be open to inspection by the public.
8. Commencing with the year in which the Assessments are confirmed, the Assessments shall be paid in not more than (30) thirty annual installments. The Assessments may be payable at the same time and in the same manner as are ad-valorem taxes and collected pursuant to Chapter 197, Florida Statutes; provided, however, that in the event the uniform non ad-valorem assessment method of collecting the Assessments is not available to the District in any year, or if determined by the District to be in its best interest, the Assessments may be collected as is otherwise permitted by law.
9. The District Manager has caused to be made a preliminary assessment roll, in accordance with the method of assessment described in Exhibit “B” hereto, which shows the lots and lands assessed, the amount of benefit to and the assessment against each lot or parcel of land and the number of annual installments into which the assessment may be divided, which is hereby adopted and approved as the District's preliminary assessment roll.
10. The Board shall adopt a subsequent resolution to fix a time and place at which the owners of property to be assessed or any other persons interested therein may appear before the Board and be heard as to the propriety and advisability of the assessments or the making of the Improvements, the cost thereof, the manner of payment therefore, or the amount thereof to be assessed against each property as improved.
11. The District Manager is hereby directed to cause this Resolution to be published twice (once a week for two (2) weeks) in a newspaper of general circulation within Manatee County and to provide such other notice as may be required by law or desired in the best interests of the District.
12. This Resolution shall become effective upon its passage.
PASSED AND ADOPTED this 9th day of April, 2013.
ATTEST: THE BOARD OF SUPERVISORS OF THE FOREST CREEK COMMUNITY DEVELOPMENT DISTRICT
John Daugirda Priscilla Heim
Secretary Chairman
April 26; May 3, 2013 13-01394M

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