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NOTICE OF PUBLIC HEARING TO CONSIDER IMPOSITION OF SPECIAL ASSESSMENTS PURSUANT TO SECTION 170.07, FLORIDA STATUTES, BY THE BLACKBURN CREEK COMMUNITY DEVELOPMENT DISTRICT
NOTICE OF PUBLIC HEARING TO CONSIDER ADOPTION OF ASSESSMENT ROLL PURSUANT TO SECTION 197.3632(4)(b), FLORIDA STATUTES, BY THE BLACKBURN CREEK COMMUNITY DEVELOPMENT DISTRICT
NOTICE OF REGULAR MEETING OF THE BLACKBURN CREEK COMMUNITY DEVELOPMENT DISTRICT
The Blackburn Creek Community Development District Board of Supervisors (“Board”) will hold public hearings on January 25, 2019 at 11:00 a.m. at 5800 Lakewood Ranch Blvd., Sarasota, FL 34240, to consider the adoption of an assessment roll, the imposition of special assessments to secure proposed bonds on benefited lands within the Blackburn Creek Community Development District (“District”), a depiction of the pertinent Phases 1B(a), 2A(d) and 2A(e) (Series 2019 Bonds) Lands is shown below, and to provide for the levy, collection and enforcement of the special assessments. The streets and areas to be improved are depicted below and in the District's Supplemental Engineer's Report For Blackburn Creek Community Development District's 4rd Bond Issuance dated November 28, 2018 [Phases 1B(a), 2A(d) and 2A(e) Lands] (the “Improvement Plan”). The public hearing is being conducted pursuant to Chapters 170, 190 and 197, Florida Statutes. 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 Records Office located at 12051 Corporate Boulevard, Orlando, Florida 32817, the District's Local Records Office located at 5800 Lakewood Ranch Blvd, Sarasota, FL 34240, or by calling (407) 382-3256.
The District is a unit of special-purpose local government responsible for providing infrastructure improvements to serve lands within the District. The infrastructure improvements (“Improvements”) are currently expected to include, but are not limited to, water and wastewater, drainage facilities, design, fees and permitting, all as more specifically described in the Improvement Plan, on file and available during normal business hours at the address provided above.
The District intends to impose assessments on benefited lands within the District in the manner set forth in the District's Blackburn Creek Community Development District Supplemental Assessment Methodology (Series 2019 Bonds), dated December 3, 2018 [Phases 1B(a), 2A(d) and 2A(e) Lands] (the “Assessment Report”), which is on file and available during normal business hours at the addresses provided above. The Assessment Report identifies each benefited and developable tax parcel identification number within the District and assessments per parcel for each land use category is currently expected to be assessed. The method of allocating assessments for the Improvements to be funded by the District will initially be determined on an equal assessment per benefited and developable acre basis. The methodology is explained in more detail in the Assessment Report. Also as described in more detail in the Assessment Report, the District's assessments will be levied against all assessable lands within the District. Please consult the Assessment Report for more details.
The annual principal assessment levied against each parcel will be based on repayment over thirty (30) years of the total debt allocated to each parcel. The District expects to collect sufficient revenues to retire no more than $5,145,000.00 in debt to be assessed by the District against the Phases 1B(a), 2A(d) and 2A(e) Lands, exclusive of fees and costs of collection or enforcement, discounts for early payment and interest. The proposed annual schedule of assessments is as follows:
APPENDIX TABLE 4
BLACKBURN CREEK COMMUNITY DEVELOPMENT DISTRICT
SERIES 2019A-1 & 2019A-2 BOND ASSESSMENTS
SERIES 2019 SUPPLEMENTAL ASSESSMENT METHODOLOGY
Development Phase & Unit Type Units ERU ERUs - All Units % Total ERUs Total Series 2019 Debt Principal Assessment - All Units Total Series 2019 Debt Principal Assessment per Unit
1B(a) SF 50'-60' (52') 56 1.0 56 21.79% $1,121,089 $20,019
2A(d) SF 70'+ (72') 70 1.2 84 32.68% $1,681,634 $24,023
2A(e) SF 50'-60' (52') 117 1.0 117 45.53% $2,342,276 $20,019
Totals 243 257 100.00% $5,145,000
Development Phase & Unit Type Units Total
Series
2019 Debt Net Ann. Assmt. - All Units* Total Series 2019 Debt
Net Ann.
Assmt. per
Unit* Total
Series
2019 Debt
Gross Ann. Assmt. - All Units* Total Series 2019 Debt Gross Ann. Assmt. per Unit*
1B(a) SF 50'-60' (52') 56 $81,197 $1,450 $86,380 $1,543
2A(d) SF 70'+ (72') 70 $121,796 $1,450 $129,570 $1,851
2A(e) SF 50'-60' (52') 117 $169,644 $1,450 $180,473 $1,543
Totals 243 $372,638 $396,423
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) annual installments subsequent to the issuance of debt to finance the improvements. These annual assessments will be collected on the Sarasota County tax roll by the Tax Collector. Alternatively, the District may choose to directly collect and enforce these assessments. 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 the publication of this notice.
Also on January 25, 2019 at 11:00 a.m. at 5800 Lakewood Ranch Blvd., Sarasota, FL 34240, the Board will hold a regular public meeting to consider matters related to the construction of improvements; to consider matters related to a bond issue and special assessments to finance improvements; to consider the services and facilities to be provided by the District and the financing plan for same; and to consider any other business that may lawfully be considered by the District. The Board meeting and hearings are open to the public and will be conducted in accordance with the provisions of Florida law for community development districts. The Board meeting and/or the public hearings may be continued in progress to a date and time certain announced at the meeting and/or hearings.
If anyone chooses to appeal any decision of the Board with respect to any matter considered at the meeting or hearings, such person will need a record of the proceedings and should accordingly ensure that a verbatim record of the proceedings is made, which includes the testimony and evidence upon which such appeal is to be based.
Any person requiring special accommodations at the meeting or hearings because of a disability or physical impairment should contact the District Office at (407) 382-3256 at least 48 hours prior to the meeting. If you are hearing or speech impaired, please contact the Florida Relay Service at 1-800-955-8770 for aid in contacting the District office.
RESOLUTION 2019-03
A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE BLACKBURN CREEK COMMUNITY DEVELOPMENT DISTRICT DECLARING SPECIAL ASSESSMENTS; INDICATING THE LOCATION, NATURE, TYPE AND ESTIMATED COST OF THOSE INFRASTRUCTURE IMPROVEMENTS WHOSE COST IS TO BE DEFRAYED BY THE SPECIAL ASSESSMENTS; PROVIDING THE PORTION OF THE ESTIMATED COST OF THE IMPROVEMENTS TO BE DEFRAYED 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; ADOPTING A PRELIMINARY ASSESSMENT ROLL; PROVIDING FOR PUBLICATION OF THIS RESOLUTION; APPROVING THE SUPPLEMENTAL ENGINEER'S REPORT; AND APPROVING THE SUPPLEMENTAL ASSESSMENT REPORT.
WHEREAS, the Board of Supervisors of the Blackburn Creek Community Development District (the “Board”) hereby determines to undertake, install, plan, establish, construct or reconstruct, enlarge or extend, equip, acquire, operate, and/or maintain the infrastructure improvements (the “Improvements”), as same are described in that certain Supplemental Engineer's Report for Blackburn Creek Community Development District's 4th Bond Issuance Dated November 28, 2018, and approved by the District on this 12th day of December, 2018, (the “Engineer's Report”), which Engineer's Report is attached hereto as Exhibit “A” and incorporated herein by reference; and,
WHEREAS, it is in the best interest of the Blackburn Creek Community Development District (the “District”) to pay the costs of the Improvements by special assessments pursuant to Chapter 190, Florida Statutes, (the “Assessments”); 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 Improvements and to impose, levy and collect the Assessments (as defined below); and,
WHEREAS, the District hereby determines that benefits will accrue to the lands upon which the Assessments shall be placed, (the “4th Bond Issuance Lands”), the legal description describing same being attached hereto as Exhibit “C,” and incorporated herein; and,
WHEREAS, the District hereby determines that benefits will accrue to the 4th Bond Issuance Lands, the amount of those benefits has been determined, and that special assessments will be made in proportion to the benefits received, all as set forth in that certain Blackburn Creek Community Development District Supplemental Assessment Methodology, Phases 1B(a), 2A(d) and 2A(e) (Series 2019 Bonds), Dated December 3, 2018, as approved by the District on this 12th day of December, 2018, (the “Assessment Report”), the same of which is attached hereto as Exhibit “B,” and incorporated herein; and,
WHEREAS, the Engineer's Report, the Assessment Report and all matters described herein this Resolution 2019-03 are on file at 12051 Corporate Boulevard, Orlando, FL 32817 (the “District Records Office”), and same can also be reviewed at 5800 Lakewood Ranch Blvd., Sarasota, Florida, 34240, (the “Local District Records Office”); and,
WHEREAS, the District hereby determines that the Assessments to be levied will not exceed the benefits to the property improved.
NOW, THEREFORE, BE IT RESOLVED AND ORDERED BY THE BOARD OF SUPERVISORS OF THE BLACKBURN CREEK COMMUNITY DEVELOPMENT DISTRICT:
1. Assessments shall be levied to defray the cost of the Improvements.
2. The nature, type and general location of, and plans and specifications for, the Improvements, as well as the assessment plat denoting the lands upon which the Improvements shall be made and Assessments levied, including all costs of the Improvements associated therewith that shall be paid by Assessments, are described in Exhibit “A,” and are on file at the District Records Office and the Local District Records Office. Exhibit “B” is also on file and available for public inspection at the same locations, and it further describes the costs of the Improvements, amount of Assessments, manner in which the Assessments shall be paid, the timeframe for paying the Assessments, and all such additional information as required by Sections 170.03 through 170.07, Florida Statutes. Attached hereto as Exhibit “C,” and incorporated herein, is a further description of the 4th Bond Issuance Lands upon which the Improvements shall be made and Assessments levied, which 4th Bond Issuance Lands are further described as: “All lots and lands adjoining and contiguous or bounding and abutting the Improvements or specially benefitted thereby and further designated by the assessment plat, as hereinafter provided.”
3. The total estimated cost of the Improvements is $4,233,400.00 (the “Estimated Cost”).
4. The Assessments will defray approximately $5,145,000.00 which includes the Estimated Cost, plus financing-related costs, capitalized interest, debt service reserve and contingency.
5. The manner in which the Assessments shall be apportioned and paid is set forth in Exhibit “B”, including provisions for additional and supplemental assessment resolutions.
6. The Assessments shall be levied, within the District, on all lots and lands adjoining and contiguous or bounding and abutting upon such Improvements or specially benefited thereby and further designated by the assessment plat as hereinafter provided.
7. There is on file, at the District Records Office and the Local District Records Office, an assessment plat showing the area to be assessed, with certain plans and specifications describing the Improvements and the Estimated Cost of the Improvements, all of which shall be open to inspection by the public.
8. Commencing with the year in which the Assessments are confirmed, the Assessments shall be paid in not more than (30) thirty annual installments. The 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.
9. 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 is hereby adopted and approved as the District's preliminary assessment roll.
10. The Board shall adopt a subsequent resolution to fix a time and place at which the owners of property to be assessed or any other persons interested therein may appear before the Board and be heard as to the propriety and advisability of the Assessments or the making of the Improvements, the cost thereof, the manner of payment therefore, or the amount thereof to be assessed against each property as improved.
11. 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 Sarasota County, Florida, and to provide such other notice as may be required by law or desired in the best interests of the District.
12. The Board does hereby adopt and approve the Engineer's Report and Assessment Report.
13. This Resolution shall become effective upon its passage.
PASSED AND ADOPTED this 12th day of December, 2018.
ATTEST: BOARD OF SUPERVISORS OF THE
BLACKBURN CREEK COMMUNITY
DEVELOPMENT DISTRICT
____________________ _____________________
Secretary/ Asst. Secretary Chairman/Vice-Chairman
Exhibit “A”: Supplemental Engineer's Report for Blackburn Creek Community Development District's 4th Bond Issuance Dated November 28, 2018
Exhibit “B”: Blackburn Creek Community Development District Supplemental Assessment
Exhibit “C”: Designated 4th Bond Issuance Lands Legal Description
January 4, 11, 2019 19-00002M