17-00916M NOTICE


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LEGENDS BAY COMMUNITY DEVELOPMENT DISTRICT

NOTICE IS HEREBY GIVEN TO ALL LANDOWNERS WITHIN LEGENDS BAY COMMUNITY DEVELOPMENT DISTRICT (“DISTRICT”), ADVISING OF A PUBLIC HEARING TO CONSIDER THE ADOPTION OF THE FISCAL YEAR 2017/2018 BUDGET; AND NOTICE OF PUBLIC HEARING TO CONSIDER THE IMPOSITION OF OPERATION AND MAINTENANCE SPECIAL ASSESSMENTS, ADOPTION OF AN ASSESSMENT ROLL, AND THE LEVY, COLLECTION, AND ENFORCEMENT OF THE SAME; AND NOTICE OF REGULAR BOARD OF SUPERVISORS' MEETING.

The Board of Supervisors for the District will hold two public hearings and a regular meeting at 11:30 a.m. on Tuesday, August 22, 2017, at 1651 Whitfield Avenue, Suite 200, Sarasota, FL 34243.
The purpose of the first public hearing is to receive public comment and objections on the Fiscal Year 2017/2018 Proposed Budget. The first public hearing is being conducted pursuant to Chapter 190, Florida Statutes. The purpose of the second public hearing is to consider the imposition of special assessments to fund the District's proposed budget for Fiscal Year 2017/2018 upon the lands located within the District as described in the map below, consider the adoption of an assessment roll, and to provide for the levy, collection, and enforcement of the assessments. A description of each 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 at the address referenced below. The second public hearing is being conducted pursuant to Florida law including Chapters 170, 190 and 197, Florida Statutes. At the conclusion of the public hearings, the Board will, by resolution, adopt a budget and levy assessments as finally approved by the Board. A regular board meeting of the District will also be held where the Board may consider any other business that may properly come before it.
A copy of the proposed budget, preliminary assessment roll, and the agenda for the hearings and meeting will be available on the website www.legendsbaycdd.org or may be obtained at the offices of the District Manager, located at Fishkind & Associates, Inc. 12051 Corporate Boulevard, Orlando, Florida 32817, Ph: 407.382.3256 during normal business hours.
The special assessments are annually recurring assessments and are in addition to debt assessments, if any. The table below presents the proposed schedule of operation and maintenance assessments (“O&M Assessment”). Amounts are preliminary and subject to change at the hearing and in any future year. The amounts are subject to early payment discount as afforded by law.

LEGENDS BAY COMMUNITY DEVELOPMENT DISTRICT
FISCAL YEAR 2017/2018 O&M ASSESSMENT SCHEDULE

LEGENDS BAY COMMUNITY DEVELOPMENT DISTRICT
FY 17-18 0&M ASSESSMENT ANALYSIS

CURRENT (FY 16-17) O&M BUDGET:

ESTIMATED FY 17-18 O&M BUDGET
Admin., Debt Service, Capital Maint. O&M
Field & Utility O&M
Total O&M Expense Budget

O&M ASSESSMENT SCENARIOS WITH FIXED AND VARIABLE COSTS

Proposed O&M
Methodology (FY 17-18)
Description Budget)
Administrative, Debt Service, Capital Maint.
O&M Budget (Fixed) $72,575
Field O&M Budget (Variable) $101,105
Total O&M Budget $173,680
Administrative, Debt Service, Capital Maint.
O&M Budget (Fixed) $72,575
Assessed Units 249
Subtotal per Unit $291
Field O&M Budget (Variable) $101,105
Assessed Units 100
Subtotal per Unit $1,011
Developed Unit Total Assmt. per Unit $1,303
Developed Unit Count 100
Developed Total Assmt. (all Units) $130,252
Undev. Unit Total Assmt. per Unit $291
Undev. Unit Count 149
Undev. Total Assmt. (all Units) $43,428
Total Assessments, all Units $173,680
Annual O&M Assessment (in addition to the Debt Service Assessment) will appear on November 2017 Manatee County property tax bill. Amount shown includes all applicable collection costs. Property owner is eligible for a discount of up to 4% if paid early.

The Manatee County Tax Collector will collect the assessments for all lots and parcels within the District. Alternatively, the District may elect to directly collect the assessments in accordance with Chapter 190, Florida Statutes. Failure to pay the assessments will cause a tax certificate to be issued against the property which may result in a loss of title or a foreclosure action to be filed against the property. 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 publication of this notice.
The public hearings and meeting are open to the public and will be conducted in accordance with the provisions of Florida law for community development districts. The public hearings and meeting may be continued to a date, time, and place to be specified on the record at the hearings or meeting. There may be occasions when staff or board members may participate by speaker telephone.
Any person requiring special accommodations at this meeting because of a disability or physical impairment should contact the District Office at 407.382.3256 at least forty-eight (48) hours prior to the meeting. If you are hearing or speech impaired, please contact the Florida Relay Service at 711 for aid in contacting the District Office.
Each person who decides to appeal any decision made by the Board with respect to any matter considered at the public hearings or meeting is advised that person will need a record of proceedings and that accordingly, the person may need to ensure that a verbatim record of the proceedings is made, including the testimony and evidence upon which such appeal is to be based.
Jill Cupps Burns
District Manager

RESOLUTION NO. 2017-06

A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE LEGENDS BAY COMMUNITY DEVELOPMENT DISTRICT DECLARING SPECIAL ASSESSMENTS; INDICATING THE LOCATION, NATURE, AND ESTIMATED OPERATIONS AND MAINTENANCE COSTS FOR THE MAINTENANCE OF THE IMPROVEMENTS WHOSE COST IS TO BE DEFRAYED IN WHOLE OR IN PART BY THE SPECIAL ASSESSMENTS; PROVIDING THE OPERATIONS AND MAINTENANCE COSTS FOR THE IMPROVEMENTS AND FACILITIES TO BE DEFRAYED IN WHOLE OR IN PART 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; AUTHORIZING THE PREPARATION OF AND ADOPTING A PRELIMINARY ASSESSMENT ROLL; PROVIDING FOR AND SETTING THE TIME AND PLACE FOR A PUBLIC HEARING TO CONSIDER THE ADVISABILITY AND PROPRIETY OF THE ASSESSMENTS AND THE RELATED OPERATIONS AND MAINTENANCE OF THE IMPROVEMENTS AND FACILITIES; PROVIDING FOR NOTICE OF SAID PUBLIC HEARING; PROVIDING FOR PUBLICATION OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS, the Board of Supervisors (the “Board”) of the Legends Bay Community Development District (the “District”) previously authorized and approved issuance of the District's $7,475,000 Capital Improvement Revenue Bonds, Series 2007A (the “Series 2007A Bonds”) and the $5,905,000 Capital Improvement Revenue Bonds, Series 2007B (the “Series 2007B Bonds,” together with the Series 2007A Bonds, the “Series 2007 Bonds”) for the purpose of constructing certain public infrastructure and public improvements (collectively the “Improvements”), pursuant to provisions of Chapter 190, Florida Statutes; and
WHEREAS, the plans and specifications for the Improvements are a part of the District's records that are held by the District Manager; and
WHEREAS, the operation and maintenance of the Improvements will benefit the District and its residents and guests; and
WHEREAS, the District is empowered by Chapters 190 and 170, Florida Statutes, to levy operations and maintenance special assessments (the “O& M Assessments”) upon the lots and property located in the District which are specifically benefited by the operations and maintenance of the Improvements; and
WHEREAS, the District hereby determines that benefits have and will continue accrue to the property upon which the O&M Assessments are levied and that the O& M Assessments will be made in proportion to the benefits received as set forth in the District's Preliminary Assessment Allocation Report dated May 23, 2017, (the “Assessment Report”) attached hereto as Exhibit A incorporated by reference as part of this Resolution and on file at the District Office.

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE LEGENDS BAY COMMUNITY DEVELOPMENT DISTRICT THAT:

1. The foregoing recitals are hereby incorporated as the findings of fact of the Board.

2. Assessments shall be levied to fund the cost of operating and maintaining the Improvements.

3. The nature of Improvements and the operations and maintenance activities for the Improvements is described more particularly in the plans, specifications and budget on file at the District Office; which are by specific reference incorporated herein and made part hereof.

4. The estimated cost of maintaining the Improvements is approximately $173,680 (the “Estimated Cost”).

5. The manner in which the O&M Assessments shall be made is amended and is based upon an allocation of the benefits among the residential lots benefited by the operation and maintenance of the Improvements as set forth in the Assessment Report.

6. The O&M Assessments shall be levied in accordance with the Assessment Report referenced above on all lots and lands, within the District, which are adjoining and contiguous or bounding and abutting upon the Improvements or specially benefited thereby and further designated by the assessment plat hereinafter provided for.

7. There is on file at the District Office; an assessment plat showing the area to be assessed, with the plans and specifications describing the Improvements and the Estimated Cost, all of which shall be open to inspection by the public.

8. The Chairman of the Board has caused the District Manager to prepare a preliminary assessment roll, which is hereby adopted and approved, a copy of which is attached in the Assessment Report, which shows the lots and lands assessed, the amount of benefit to and the assessment against each residential lot and the number of annual installments in which each of the assessments may be divided. The preliminary assessment roll is part of the Assessment Report which is on file at the District Office.

9. In accordance with the Assessment Report and commencing with the adoption of the O&M Assessments, the O&M Assessments shall be paid at the same time and in the same manner as are ad-valorem taxes and as prescribed by Chapter 197, Florida Statutes; provided, however, that in the event the non ad-valorem assessment method of collecting the O&M Assessments is not available to the District in any year, or the District determines not to utilize the provision of Chapter 197, Florida Statutes, the O&M Assessments may be collected as is otherwise permitted by law.

10. Pursuant to Section 170.07, Florida Statutes, a public hearing is required to permit interested persons to be heard as to the advisability and propriety of the operations and maintenance of the Improvements, as to the cost thereof, as to the manner of payment thereof, and as to the amount thereof to be assessed against each property so specially benefitted by the Improvements. In accordance therewith, a public hearing shall be held on August 22, 2017, at 11:30 A.M., at 1651 Whitfield Avenue, Suite 200, Sarasota, FL 34243. The Secretary is hereby directed to give notice of this public hearing in accordance with the requirements of Section 170.07, Florida Statutes.

11. The assessments as outlined in the Assessment Report and all the proceedings related thereto once completed, to the extent of any overlap, will replace and supersede any previous operation and maintenance assessments levied by the District and the proceedings thereto.

12. Pursuant to Section 170.05, Florida Statutes, the District Manager is hereby directed to cause this resolution to be published twice (once a week for two (2) consecutive weeks, with the last publication being at least one (1) week prior to the date of the hearing referenced in Section 10 herein) in a newspaper of general circulation within Manatee County, Florida.

13. This Resolution shall become effective upon its passage.

PASSED AND ADOPTED this 23rd day of May, 2017.

July 28; August 4, 2017 17-00916M

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