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NOTICE AND ORDER
TO SHOW CAUSE
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT OF FLORIDA, IN AND FOR
CHARLOTTE COUNTY
GENERAL CIVIL DIVISION
CASE NO: 2019-CA-1188
WEST PORT COMMUNITY DEVELOPMENT DISTRICT, a local unit of special-purpose government organized and existing under the laws of the State of Florida,
Plaintiff, v.
THE STATE OF FLORIDA, AND THE TAXPAYERS, PROPERTY OWNERS AND CITIZENS OF THE WEST PORT COMMUNITY DEVELOPMENT DISTRICT, INCLUDING NON-RESIDENTS OWNING PROPERTY OR SUBJECT TO TAXATION THEREIN, AND OTHERS HAVING OR CLAIMING ANY RIGHTS, TITLE OR INTEREST IN PROPERTY TO BE AFFECTED BY THE ISSUANCE OF THE BONDS AND LEVY OF ASSESSMENTS HEREIN DESCRIBED, OR TO BE AFFECTED IN ANY WAY THEREBY,
Defendants.
TO THE STATE OF FLORIDA, AND THE TAXPAYERS, PROPERTY OWNERS AND CITIZENS OF WEST PORT COMMUNITY DEVELOPMENT DISTRICT (“DISTRICT”), INCLUDING NON-RESIDENTS OWNING PROPERTY OR SUBJECT TO TAXATION THEREIN, AND OTHERS HAVING OR CLAIMING ANY RIGHT, TITLE OR INTEREST IN PROPERTY TO BE AFFECTED BY THE ISSUANCE OF WEST PORT COMMUNITY DEVELOPMENT DISTRICT (CHARLOTTE COUNTY, FLORIDA) SPECIAL ASSESSMENT BONDS, OR TO BE AFFECTED THEREBY:
The above cause comes to be heard upon the Complaint filed herein by the District in the County of Charlotte, State of Florida, seeking to determine the authority of said District to issue its West Port Community Development District Special Assessment Bonds (“Bonds”) in an aggregate amount not to exceed $49,525,000, to determine the legality of the proceedings had and taken in connection therewith, and the legality of the provisions, covenants and agreements therein contained, and seeking a judgment of this Court that (a) the District has been validly established and lawfully exists as a local unit of special purpose government, a community development district under the Act, a political subdivision of the State of Florida, and an independent special district within the meaning of Chapter 189, Florida Statutes, has the power to finance, fund, plan, establish, acquire, construct or reconstruct, enlarge or extend, equip, operate, and maintain and otherwise undertake the Capital Improvement Plan, to issue the Bonds and to incur the bonded debt as set forth in this Complaint, and to levy, impose and collect the Assessments in yearly installments as permitted by applicable law and to pledge the revenues derived by the District from the levy and collection of the Assessments and the other Pledged Revenues and the monies on deposit from time to time in certain funds and accounts held under the Indenture to payment of the Bonds, and to enter into and implement the Development & Contribution Agreement and has properly approved the issuance of the Bonds, the levy and imposition of the Assessments and the Development & Contribution Agreement; (b) the Bonds when issued pursuant to the Act and Indenture, the Assessments pledged for the payment of the principal thereof, redemption premium, if any, and interest thereon, and the Bond Resolution and all of the proceedings attendant to all of the foregoing - including the Assessments and the Development & Contribution Agreement - are valid and in conformity with law and the Assessments constitute a first lien on the property in the District against which they are assessed, co-equal with all State of Florida, Charlotte County, school district and municipal taxes and superior in dignity to all other liens, titles and claim on such real property and the Development & Contribution Agreement is a valid and binding obligation of the parties thereto, enforceable in accordance with its terms; (c) the Assessments are supported by sufficient benefit from the Capital Improvement Plan and are fairly and reasonably allocated consistent with Florida law across all benefitted properties within the District; (d) the District has duly authorized the execution and delivery of the Indenture, and upon execution thereof by the District and the Trustee, the Indenture will be a valid and binding agreement, enforceable against the District in accordance with its terms, and the Bonds issued thereunder will be validly issued, and the Pledged Revenues and monies on deposit from time to time in the Pledged Funds will be validly pledged to payment of the Bonds and upon due issuance of the Bonds in conformance with the Bond Resolution and the Indenture, the Bonds will constitute valid and binding obligations of the District, and will be enforceable by their terms as established by the Bond Resolution and the Indenture; (e) the District has the power to plan, finance, acquire, construct, reconstruct, equip and install, in one or more stages, the Capital Improvement Plan; (f) the Capital Improvement Plan will serve a valid public purpose; (g) the members of the Board have been duly and validly elected or appointed as such in compliance with all requirements of the Constitution and laws of the State of Florida and the decisions of the courts with respect thereto and of the Act, and the Ordinance; and (h) this Court grant such other relief as is just and appropriate. The aforesaid Complaint having been presented to this Court, and this Court being fully advised in the premises:
NOW, THEREFORE,
IT IS ORDERED that all taxpayers, property owners and citizens of the District, including non-residents owning property or subject to taxation, and others having or claiming any rights, title or interest in property to be affected by the issuance of the Bonds or to be affected thereby, and the State of Florida, through the State Attorney of the Twentieth Judicial Circuit, in and for Charlotte County, Florida, appear on January 31, 2020, at 1:30 p.m., before the Honorable Lisa S. Porter, at the Charlotte County Justice Center, 350 E. Marion Avenue, Punta Gorda, Florida 33950, County of Charlotte in said Circuit, and show cause, if any there be, why the prayers of said Complaint for the validation of the Bonds should not be granted and the Bonds, the proceedings therefore, and other matters set forth in said Complaint, should not be validated as prayed for 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 Charlotte County, being the County wherein said Complaint for validation is filed, at least 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.
IT IS FURTHER ORDERED that by such publication of this Notice and Order, the State of Florida, and the several taxpayers, property owners and citizens of the District, including non-residents owning property or subject to taxation therein, and others having or claiming any rights, title or interest in property to be affected by the issuance of the Bonds or to be affected thereby, shall be and are made party defendants to this proceeding, and that this Court shall have jurisdiction of them to the same extent as if specifically and personally named as defendants in said Complaint and personally served with process in this cause.
ORDERED AND ADJUDGED.
esigned by JUDGE LISA PORTER in 19001188CA on 12/17/2019 14:28:18 C3jj74hs
Dec. 27, 2019; Jan. 3, 2020 19-01073T