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NOTICE AND ORDER TO SHOW CAUSE WHY SAID BONDS
SHOULD NOT BE VALIDATED AND CONFIRMED
(Hearing Confirmation
#: 610833)
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT OF THE STATE OF FLORIDA, IN AND FOR LEE COUNTY, FLORIDA
CASE NO.: 18-CA-001147
BOND VALIDATION
BRIGHTWATER COMMUNITY DEVELOPMENT DISTRICT,
Plaintiff, vs.
THE STATE OF FLORIDA, AND THE TAXPAYERS, PROPERTY OWNERS AND CITIZENS OF
THE BRIGHTWATER COMMUNITY DEVELOPMENT DISTRICT, INCLUDING
NON-RESIDENTS OWNING PROPERTY OR SUBJECT TO ASSESSMENTS OR TAXATION THEREIN, AND ALL OTHERS HAVING OR CLAIMING ANY RIGHTS, TITLE OR INTEREST
IN PROPERTY TO BE AFFECTED BY THE ISSUANCE OF THE BONDS HEREIN DESCRIBED, OR TO BE AFFECTED IN ANY WAY THEREBY,
Defendants.
TO THE STATE OF FLORIDA, AND THE TAXPAYERS, PROPERTY OWNERS AND CITIZENS OF BRIGHTWATER COMMUNITY DEVELOPMENT DISTRICT, INCLUDING NON-RESIDENTS OWNING PROPERTY OR SUBJECT TO ASSESSMENTS OR TAXATION THEREIN, AND ALL OTHERS HAVING OR CLAIMING ANY RIGHTS, TITLE OR INTEREST IN PROPERTY TO BE AFFECTED BY THE ISSUANCE OF THE BONDS HEREIN DESCRIBED, OR TO BE AFFECTED IN ANY WAY THEREBY:
The Brightwater Community Development (the “District”) having filed its Complaint for Validation of not to exceed $44,560,000 principal amount Brightwater Community Development District Capital Improvement Revenue Bonds, in one or more series (the “Bonds”), and it appearing in and from said Complaint and the Exhibits attached thereto that the District has adopted a resolution authorizing the issuance of the Bonds for the purpose of providing funds, together with other available funds, for paying the costs of acquiring, constructing, and equipping certain capital Projects (as defined in said Complaint), and it also appearing that all of the facts required to be stated in said Complaint and Exhibits by Chapter 75 of the Florida Statutes are contained therein, and that the District prays that this Court issue an order as directed by said Chapter 75, and the Court being fully advised in the premises:
NOW, THEREFORE, IT IS ORDERED that all taxpayers, property owners and citizens of the District and Lee County, Florida, including non-residents owning property or subject to taxation therein, and the State of Florida, through the State Attorney of the Twentieth Judicial Circuit, in and for Lee County, Florida, appear on the 16th day of July, 2018, at 10:00 a.m. of said day, before the Honorable Geoffrey H. Gentile, Lee County Justice Center, 1700 Monroe Street, Courtroom 4-H, Fort Myers, Florida 33901 (30 minutes reserved), and show cause why the prayers of the Complaint for the validation of the Bonds should not be granted and the Bonds, the proceedings therefor, and other matters set forth in said Complaint, should not be validated as prayed in said Complaint.
IT IS FURTHER ORDERED that prior to the date set for the hearing on said Complaint for validation, the Clerk of this Court shall cause a copy of this Notice and Order to be published in a newspaper published and of general circulation in Lee County, being the County wherein said Complaint for validation is filed, once each week for two (2) consecutive weeks, commencing with the first publication which shall not be less than twenty (20) days prior to the date set for said hearing.
DONE AND ORDERED at the Courthouse in Lee County, Florida, this 13 day of Apr, 2018.
/s/ Geoffrey H. Gentile
HONORABLE GEOFFREY H.
GENTILE CIRCUIT COURT JUDGE
John M. Vericker, Esquire
Straley Robin Vericker
1510 W. Cleveland Street
Tampa, Florida 33606
Marilla Shoemaker, Esquire
Assistant State Attorney
Office of the State Attorney
20th Circuit
P. 0. Box 399
Fort Myers, Florida 33902-0399
April 27; May 4, 2018 18-01281L