18-01265M NOTICE

NOTICE OF PUBLIC HEARINGS TO CONSIDER THE IMPOSITION OF SPECIAL ASSESSMENTS PURSUANT TO SECTIONS 170.07 AND 197.3632, FLORIDA STATUTES, BY THE
AVIARY AT RUTLAND RANCH COMMUNITY DEVELOPMENT DISTRICT

NOTICE OF SPECIAL MEETING OF THE
AVIARY AT RUTLAND RANCH COMMUNITY DEVELOPMENT DISTRICT

In accordance with Chapters 170, 190 and 197, Florida Statutes, the Aviary at Rutland Ranch Community Development District's (“District”) Board of Supervisors (“Board”) hereby provides notice of the following public hearings and public meeting:
PUBLIC HEARINGS AND MEETING
DATE: October 8, 2018
TIME: 5 p.m.
LOCATION: 35100 State Road 64E
Myakka City, Florida 34251
The purpose of the public hearings announced above is to consider the imposition of special assessments and adoption of assessment rolls to secure proposed bonds on benefited lands within the District, and, to provide for the levy, collection and enforcement of the assessments. At this time, the District only intends to commence construction and/or acquisition of that portion (“Master Assessment Area One Project”) of the District's overall capital improvement plan that serves Phases 1 through 4 (“Master Assessment Area One”) of the District - roughly the southern 400 acres of the District, and to levy and impose special assessments (“Master Assessment Area One Assessments”) on the benefitted lands within Master Assessment Area One. The Master Assessment Area One Project includes, but is not limited to, stormwater management, water and sewer utilities, landscape, irrigation, lighting, recreation, and other infrastructure projects, all benefitting lands within Master Assessment Area One, as described in more detail in the District Engineer's Report, dated August 2018. The special assessments are proposed to be allocated as set forth in the Master Special Assessment Methodology Report, dated August 28, 2018 (“Assessment Report”). At the conclusion of the public hearings, the Board will, by resolution, levy and impose assessments as finally approved by the Board. A special meeting of the District will also be held where the Board may consider any other business that may properly come before it.
The District is located entirely within the unincorporated boundaries of Manatee County, Florida. The District is located south of State Road 62, north of Rutland Road, east of US Highway 301 North and west of Tyre Creek. A graphic depiction of the District, which contains Master Assessment Area One, is shown below. All lands within Master Assessment Area One are expected to be improved in accordance with the reports identified above. Further, a description of the property to be assessed (i.e., Master Assessment Area One) and the amount to be assessed to each piece or parcel of property may be ascertained at the “District's Office” located at c/o DPFG Management & Consulting, LLC, 250 International Parkway, Suite 280, Lake Mary, Florida 32746, (321)263-0132. Also, a copy of the agendas and other documents referenced herein may be obtained from the District Office.
The proposed schedule of assessments is as follows:

Proposed Master Assessment Area One Assessments
Land Use Total # of Units/Acres EAU Factor Proposed Debt Assessment (Total Par, Excludes Interest & Collection Costs) (ALL LOTS) Proposed Debt Assessment (Annual)* (ALL LOTS) Proposed Debt Assessment (Total Par, Excludes Interest & Collection Costs) (PER LOT) Proposed Debt Assessment (Annual)* (PER LOT)
Platted Lots
40' Single Family Lot 175 lots 0.8 $10,219,566 $742,415 $58,398 $4,242
50' Single Family Lot 485 lots 1.00 $35,403,496 $2,571,936 $72,997 $5,303
60' Single Family Lot 124 lots 1.20 $10,861,938 $789,081 $87,596 $6,364
Unplatted Lands (Prior to Platting)
Unplatted 400 acres n/a $56,485,000 $4,103,431 $141,212.50 per acre $10,259 per acre'

*The annual amounts stated herein include estimated collection costs and early payment discounts.
The assessments will be levied and imposed as a master lien on Master Assessment Area One only, which master lien without further notice or hearing may be further imposed by supplemental resolution as one or more special assessment liens with each lien securing an individual bond series. With respect to each lien, 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) yearly installments. These assessments will be collected on the County tax roll by the Tax Collector. Alternatively, the District may choose to directly collect and enforce these assessments.
The public hearings and meeting are open to the public and will be conducted in accordance with Florida law. The public hearings and meeting may be continued to a date, time, and place to be specified on the record. There may be occasions when staff or board members may participate by speaker telephone. Any person requiring special accommodations because of a disability or physical impairment should contact the District Office at least forty-eight (48) hours prior to the meeting. If you are hearing or speech impaired, please contact the Florida Relay Service by dialing 7-1-1, or 1-800-955-8771 (TTY) / 1-800-955-8770 (Voice), for aid in contacting the District Office.
Please note that all affected property owners have the right to appear and comment at the public hearings and meeting, and may also file written objections with the District Office within twenty (20) days of issuance of this notice. 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.
Patricia Comings-Thibault
District Manager
RESOLUTION 2018-22

A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE AVIARY AT RUTLAND RANCH COMMUNITY DEVELOPMENT DISTRICT DECLARING SPECIAL ASSESSMENTS FOR MASTER ASSESSMENT AREA ONE; DESIGNATING THE NATURE AND LOCATION OF THE PROPOSED IMPROVEMENTS; DECLARING THE TOTAL ESTIMATED COST OF THE IMPROVEMENTS, THE PORTION TO BE PAID BY ASSESSMENTS, AND THE MANNER AND TIMING IN WHICH THE ASSESSMENTS ARE TO BE PAID; DESIGNATING THE LANDS UPON WHICH THE ASSESSMENTS SHALL BE LEVIED; PROVIDING FOR AN ASSESSMENT PLAT AND A PRELIMINARY ASSESSMENT ROLL; ADDRESSING THE SETTING OF PUBLIC HEARINGS; PROVIDING FOR PUBLICATION OF THIS RESOLUTION; AND ADDRESSING CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE.

WHEREAS, the Aviary at Rutland Ranch Community Development District (“District”) is a local unit of special-purpose government organized and existing under and pursuant to Chapter 190, Florida Statutes; and
WHEREAS, the District is authorized by Chapter 190, Florida Statutes, to finance, fund, plan, establish, acquire, install, equip, operate, extend, construct, or reconstruct roadways, sewer and water distribution systems, stormwater management/earthwork improvements, landscape, irrigation and entry features, conservation and mitigation, street lighting and other infrastructure projects, and services necessitated by the development of, and serving lands within, the District; and
WHEREAS, the District hereby determines to undertake, install, plan, establish, construct or reconstruct, enlarge or extend, equip, acquire, operate, and/or maintain the portion (“Master Assessment Area One Project”) of the infrastructure improvements comprising the District's overall capital improvement plan for what is known as Phases 1 through 4 (“Master Assessment Area One”) of the District, as described in the District Engineer's Report, dated August 2018, which is attached hereto as Exhibit A and incorporated herein by reference; and
WHEREAS, it is in the best interest of the District to pay for all or a portion of the cost of the Master Assessment Area One Project by the levy of special assessments (“Master Assessment Area One Assessments”) on Master Assessment Area One, using the methodology set forth in that Master Special Assessment Methodology Report, dated August 28, 2018, which is attached hereto as Exhibit B, incorporated herein by reference, and on file with the District Manager at c/o DPFG, 250 International Parkway, Suite 280, Lake Mary, Florida 32746 (“District Records Office”); 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 Project and to impose, levy and collect the Assessments;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE AVIARY AT RUTLAND RANCH COMMUNITY DEVELOPMENT DISTRICT:
1. AUTHORITY FOR THIS RESOLUTION; INCORPORATION OF RECITALS. This Resolution is adopted pursuant to the provisions of Florida law, including without limitation Chapters 170, 190 and 197, Florida Statutes. The recitals stated above are incorporated herein and are adopted by the Board as true and correct statements.
2. DECLARATION OF ASSESSMENTS. The Board hereby declares that it has determined to make the Master Assessment Area One Project and to defray all or a portion of the cost thereof by the Master Assessment Area One Assessments.
3. DESIGNATING THE NATURE AND Location of Improvements. The nature and general location of, and plans and specifications for, the Master Assessment Area One Project are described in Exhibit A, which is on file at the District Records Office. Exhibit B is also on file and available for public inspection at the same location.
4. DECLARING THE TOTAL ESTIMATED COST OF THE IMPROVEMENTS, THE PORTION TO BE PAID BY ASSESSMENTS, AND THE MANNER AND TIMING IN WHICH THE ASSESSMENTS ARE TO BE PAID.
A. The total estimated cost of the Master Assessment Area One Project is $42,347,396 (“Estimated Cost”).
B. The Master Assessment Area One Assessments will defray approximately $56,485,000, which is the anticipated maximum par value of any bonds and which includes all or a portion of the Estimated Cost, as well as other financing-related costs, as set forth in Exhibit B, and which is in addition to interest and collection costs. On an annual basis, the Master Assessment Area One Assessments will defray no more than $4,103,431 per year, again as set forth in Exhibit B.
C. The manner in which the Master Assessment Area One Assessments shall be apportioned and paid is set forth in Exhibit B, as may be modified by supplemental assessment resolutions. The Master Assessment Area One Assessments will constitute a “master” lien, which may be imposed without further public hearing in one or more separate liens each securing a series of bonds, and each as determined by supplemental assessment resolution. With respect to each lien securing a series of bonds, the special assessments shall be paid in not more than (30) thirty yearly installments. The special 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, including but not limited to by direct bill. The decision to collect special assessments by any particular method - e.g., on the tax roll or by direct bill - does not mean that such method will be used to collect special assessments in future years, and the District reserves the right in its sole discretion to select collection methods in any given year, regardless of past practices.
5. DESIGNATING THE LANDS UPON WHICH THE SPECIAL ASSESSMENTS SHALL BE LEVIED. The Master Assessment Area One Assessments securing the Master Assessment Area One Project shall be levied on Master Assessment Area One, as described in Exhibit B, and as further designated by the assessment plat hereinafter provided for.
6. ASSESSMENT PLAT. Pursuant to Section 170.04, Florida Statutes, there is on file, at the District Records Office, an assessment plat showing the area to be assessed (i.e., Master Assessment Area One), with certain plans and specifications describing the Project and the estimated cost of the Project, all of which shall be open to inspection by the public.
7. PRELIMINARY ASSESSMENT ROLL. Pursuant to Section 170.06, Florida Statutes, 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 assessment roll is hereby adopted and approved as the District's preliminary assessment roll.
8. PUBLIC HEARINGS DECLARED; DIRECTION TO PROVIDE NOTICE OF THE HEARINGS. Pursuant to Sections 170.07 and 197.3632(4)(b), Florida Statutes, among other provisions of Florida law, there are hereby declared two public hearings to be held as follows:
PUBLIC HEARINGS AND MEETING
DATE: October 8, 2018
TIME: 5 p.m.
LOCATION: 35100 State Road 64E
Myakka City, Florida 34251
The purpose of the public hearings is to hear comment and objections to the proposed special assessment program for District improvements as identified in the preliminary assessment roll, a copy of which is on file and as set forth in Exhibit B. Interested parties may appear at that hearing or submit their comments in writing prior to the hearings at the District Records Office.
Notice of said hearings shall be advertised in accordance with Chapters 170, 190 and 197, Florida Statutes, and the District Manager is hereby authorized and directed to place said notice in a newspaper of general circulation within Manatee County (by two publications one week apart with the first publication at least twenty (20) days prior to the date of the hearing established herein). The District Manager shall file a publisher's affidavit with the District Secretary verifying such publication of notice. The District Manager is further authorized and directed to give thirty (30) days written notice by mail of the time and place of this hearing to the owners of all property to be assessed and include in such notice the amount of the assessment for each such property owner, a description of the areas to be improved and notice that information concerning all assessments may be ascertained at the District Records Office. The District Manager shall file proof of such mailing by affidavit with the District Secretary.
9. PUBLICATION OF RESOLUTION. 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) 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.
10. CONFLICTS. All resolutions or parts thereof in conflict herewith are, to the extent of such conflict, superseded and repealed.
11. SEVERABILITY. If any section or part of a section of this resolution be declared invalid or unconstitutional, the validity, force, and effect of any other section or part of a section of this resolution shall not thereby be affected or impaired unless it clearly appears that such other section or part of a section of this resolution is wholly or necessarily dependent upon the section or part of a section so held to be invalid or unconstitutional.
12. EFFECTIVE DATE. This Resolution shall become effective upon its adoption.

PASSED AND ADOPTED this 28th day of August, 2018.

ATTEST: AVIARY AT RUTLAND RANCH
COMMUNITY DEVELOPMENT DISTRICT

_____________________________ ____________________________________
Secretary/Asst. Secretary Chairman

Exhibit A: District Engineer's Report, dated August 2018
Exhibit B: Master Special Assessment Methodology Report, dated August 28, 2018

September 14, 21, 2018 18-01265M

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