-
-
Loading
Loading
THE WILLOW WALK COMMUNITY DEVELOPMENT DISTRICT
NOTICE OF PUBLIC HEARINGS TO CONSIDER THE IMPOSITION OF DEBT ASSESSMENTS
PURSUANT TO SECTIONS 170.07 AND 197.3632, FLORIDA STATUTES
-and-
NOTICE OF SPECIAL MEETING
In accordance with Chapters 170, 190 and 197, Florida Statutes, The Willow Walk 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: May 21, 2019
TIME: 9:45 a.m.
LOCATION: Trevesta Clubhouse
6210 Trevesta Place
Palmetto, Florida 34221
The purpose of the public hearings announced above is to consider the imposition of special assessments (“Debt Assessments”) and adoption of assessment rolls to secure proposed bonds on benefited lands within North Parcel Assessment Area of the District, and, to provide for the levy, collection and enforcement of the assessments. The proposed bonds to be secured by the Debt Assessments are intended to finance certain public infrastructure improvements, including, but not limited to, stormwater management, water and sewer utilities, and other infrastructure projects, all for the “2019 Project,” and as described in more detail in the Supplemental Engineer's Report (2019 Project), dated April 17, 2019. The special assessments are proposed to be allocated as set forth in the Preliminary Special Assessment Allocation Report, dated April 17, 2019 (“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 Manatee County, Florida and consists of approximately 272.35 acres. The District is located in the northeast quadrant of the intersection of Ellenton Gillette and Mendoza Roads. A graphic depiction of the District, which includes certain of the lands within the District subject to the proposed Debt Assessments, is shown below. Generally speaking, certain of the lands within the North Parcel Assessment Area of the District are expected to be improved in accordance with the reports identified above. Further, 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 “District's Office” located at c/o Rizzetta & Company, Inc., 9530 Marketplace Road, Suite 206, Fort Myers, Florida 33912, Phone 239-936-0913, E-Mail: [email protected]. Also, a copy of the agendas and other documents referenced herein may be obtained from the District Office.
Generally stated, and as more specifically described in the Assessment Report, the Debt Assessments will initially be allocated on an equal, per-acre basis, and, then, as lands are sold and/or developed, the proposed Debt Assessments will be assigned to platted units as follows:
Land Use Total # of Planned Units EAU Factor** Proposed Debt Assessment (Total Par, Excludes Interest) Proposed Debt Assessment (Annual)
Single Family 40' 106 1.0 $16,747 $1,258
Single Family 50' 72 1.25 $16,747 $1,258
Single Family 50' Gated 31 1.25 $16,747 $1,258
*The annual amounts stated herein include estimated collection costs and early payment discounts.
**The total debt and annual amounts are not consistent with the EAU factors because the debt assessments for the SF 50' lots and SF 50' gated lots are being “bought down” with a contribution of infrastructure and to reduce those assessments to the levels set forth in the table above. See the Assessment Report for further information.
The assessments may be prepaid in whole at any time, or in some instances in part, or may be paid in not more than twenty (20) annual installments subsequent to the issuance of debt to finance the improvements. These annual 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.
Belinda Blandon
District Manager
Run Dates: 4/26/2019 & 5/3/2019
RESOLUTION 2019-04
(DECLARING RESOLUTION / 2019 PROJECT & ASSESSMENTS)
A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE WILLOW WALK COMMUNITY DEVELOPMENT DISTRICT DECLARING SPECIAL ASSESSMENTS FOR THE NORTH PARCEL ASSESSMENT AREA; 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 Willow Walk 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, on April 13, 2015, the District's Board met and, after duly noticed public hearings, adopted Resolutions 2015-28 and 2015-29, pursuant to which the District: (i) adopted an Engineer's Report dated March 5, 2015; (ii) divided the District's overall capital improvement plan into a “South Parcel Assessment Area” and a “North Parcel Assessment Area;” and (iii) levied master special assessments on each of the two assessment areas; and
WHEREAS, after the South Parcel Assessment Area had been developed, the District revised its capital improvement plan for the North Parcel Assessment Area, and, after another duly noticed public hearing, adopted Resolution 2018-01, pursuant to which the District: (i) authorized a “2017 Project” that would provide public infrastructure for the first phase of development within the North Parcel Assessment Area, as described in a Supplemental Engineer's Report (2017 Project) dated July 28, 2017; and (ii) levied debt service special assessments (“2017 Assessments”) to secure the issuance of tax-exempt bonds that would finance all or a portion of the 2017 Project, as described in the Final Supplemental Special Assessment Allocation Report (North Parcel Assessment Area), dated September 29, 2017; and
WHEREAS, on October 16, 2017, the District issued its $3,045,000 Special Assessment Bonds, Series 2017 (North Parcel Assessment Area Project) (“2017 Bonds”) and proceeded to fund the construction and/or acquisition of the 2017 Project; and
WHEREAS, at the time of the issuance of the 2017 Bonds, the District contemplated that a second series of bonds would be issued later to fund the construction and/or acquisition of the second phase of the public infrastructure for the North Parcel Assessment Area; and
WHEREAS, the District now determines to undertake, install, plan, establish, construct or reconstruct, enlarge or extend, equip, acquire, operate, and/or maintain the second phase of the public improvements for the North Parcel Assessment Area - i.e., the “2019 Project,” as described in the Supplemental District Engineer's Report (2019 Project), dated April 17, 2019, 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 2019 Project by the levy of special assessments (“2019 Assessments”) on the remaining unplatted lands within the North Parcel Assessment Area, using the methodology set forth in that Preliminary Special Assessment Allocation Report, dated April 17, 2019, which is attached hereto as Exhibit B, incorporated herein by reference, and on file with the District Manager at c/o Rizzetta & Company, Inc., 9530 Marketplace Road, Suite 206, Fort Myers, Florida 33912, Phone 239-936-0913, E-Mail: [email protected] (“District 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 2019 Project and to impose, levy and collect the 2019 Assessments;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE WILLOW WALK 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 2019 Project and to defray all or a portion of the cost thereof by the 2019 Assessments.
3. DESIGNATING THE NATURE AND LOCATION OF IMPROVEMENTS. The nature and general location of, and plans and specifications for, the 2019 Project are described in Exhibit A, which is on file at the District 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 2019 Project is $8,620,222 (“Estimated Cost”).
B. The 2019 Assessments will defray approximately $3,500,000, 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 2019 Assessments will defray no more than $262,910.22 per year, again as set forth in Exhibit B.
C. The manner in which the 2019 Assessments shall be apportioned and paid as set forth in Exhibit B, as may be modified by supplemental assessment resolutions. 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 2019 Assessments is not available to the District in any year, or if determined by the District to be in its best interest, the 2019 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 2019 Assessments securing the 2019 Project shall be levied on the unplatted lands within the North Parcel Assessment Area, 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 Office, an assessment plat showing the area to be assessed, with certain plans and specifications describing the 2019 Project and the estimated cost of the 2019 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:
NOTICE OF PUBLIC HEARINGS
DATE: May 21, 2019
TIME: 9:45 a.m.
LOCATION: Trevesta Clubhouse
6210 Trevesta Place
Palmetto, Florida 34221
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 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 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 17th day of April, 2019.
ATTEST: WILLOW WALK
COMMUNITY DEVELOPMENT DISTRICT
Belinda Blandon___________ Greg Meath_________________________
Asst. Secretary Vice Chairman
Exhibit A: Supplemental District Engineer's Report (2019 Project), dated April 17, 2019
Exhibit B: Preliminary Special Assessment Allocation Report, dated April 17, 2019
April 26, May 3, 2019 19-00604M