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NOTICE OF PUBLIC HEARING TO CONSIDER IMPOSITION OF SPECIAL ASSESSMENTS PURSUANT TO SECTION 170.07, FLORIDA STATUTES, BY THE HOLLY HILL ROAD EAST COMMUNITY DEVELOPMENT DISTRICT
NOTICE OF PUBLIC HEARING TO CONSIDER ADOPTION OF ASSESSMENT ROLL PURSUANT TO SECTION 197.3632(4)(b), FLORIDA STATUTES, BY THE HOLLY HILL ROAD EAST COMMUNITY DEVELOPMENT DISTRICT
NOTICE OF REGULAR MEETING OF THE HOLLY HILL ROAD EAST
COMMUNITY DEVELOPMENT DISTRICT
The Holly Hill Road East Community Development District Board of Supervisors (“Board”) will hold public hearings on Wednesday, February 20, 2019 at 10:00 a.m. at 346 East Central Avenue, Winter Haven, FL 33880, to consider the adoption of an assessment roll, the imposition of special assessments to secure proposed bonds on benefited lands within the Holly Hill Road East Community Development District (“District”), a depiction of which lands to be assessed is shown below, and to provide for the levy, collection and enforcement of the special assessments. The area to be improved is depicted below and in the District's Second Amended and Restated Engineer's Report for Capital Improvements, dated December 4, 2018 (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 office of the District's Records located at 346 East Central Avenue, Winter Haven, FL 33880 or by calling Jane Gaarlandt at 407-382-3256 or emailing [email protected].
The District is unit of special-purpose local government responsible for providing infrastructure improvements for lands within the District. The infrastructure improvements (“Improvements”) are currently expected to include, but are not limited to, roadways, water/sewer/reuse facilities, utilities improvements, stormwater management systems, landscaping, hardscaping, irrigation, recreational facilities, and other improvements, all as more specifically described in the Improvement Plan, on file and available during normal business hours at the addresses provided above.
The District intends to impose assessments on benefited lands within the District in the manner set forth in the District's Second Amended and Restated Master Assessment Methodology Report, dated December 19, 2018 (the “Assessment Report”), which is on file and available during normal business hours at the addresses provided above. The Assessment Report identifies the assessments per parcel for each land use category that is currently expected to be assessed. The initial method of allocating assessments for the Improvements to be funded by the District will be determined on an equal assessment per acre basis. Once platting has begun, the assessments will be levied to the assigned properties based on the benefits they receive. 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 a maximum of thirty (30) years for the total debt allocated to each parcel. The District expects to collect sufficient revenues to retire no more than $5,330,000 in debt to be assessed by the District, exclusive of fees and costs of collection or enforcement, discounts for early payment and interest. The proposed initial annual schedule of assessments is as follows:
Polk Cty. Parcel ID Acres Max Bond Principal Max Bond Annuala
272705726000040140 5.06 $767,069 $63,161
272705726000040130 5.07 $768,586 $63,286
272705726000040120 5.07 $768,586 $63,286
272705726000040210 9.95b $1,509,098 $124,261
272705726000040250c 5.05 $767,041 $63,159
272705726000040241 3.92 $594,080 $48,917
272705726000040242 1.03 $155,540 $12,807
Subtotal, Phase 4 35.12 $5,330,000 $438,879
As the property is platted, each residential lot within Phase 4 of the District will be subject to maximum assessments of $37,535 in bond principal and $2,874 in annual assessments. 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 Polk 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 hearing and the right to file written objections with the District within twenty (20) days of the publication of this notice.
Also on Wednesday, February 20, 2019 at 10:00 a.m. at 346 East Central Avenue, Winter Haven, Florida 33880, the Board will hold a regular public meeting to consider 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.
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a Values include a 7.0% gross-up to account for the statutory early-payment discount and the fees and costs of collection charged by Polk County property appraiser and tax collector.
b Parcel ID number 272705726000040210 includes acreage of Parcel ID number 272705726000040220.
Polk County Property Appraiser, http://www.polkpa.org/CamaDisplay.aspx?OutputMode=Display&SearchType=
RealEstate&ParcelID=272705726000040220 (accessed January 17, 2019)
c Parcel ID number 272705726000040230 is a newly designated portion of Parcel ID number 272705726000040250
Polk County Property Appraiser, http://www.polkpa.org/CamaDisplay.aspx?OutputMode=Display&SearchType=
RealEstate&ParcelID=272705726000040230 (accessed January 17, 2019)
HOLLY HILL ROAD EAST COMMUNITY DEVELOPMENT DISTRICT
RESOLUTION 2019-05
A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE HOLLY HILL ROAD EAST COMMUNITY DEVELOPMENT DISTRICT DECLARING SPECIAL ASSESSMENTS ON THE EXPANSION AREA; INDICATING THE LOCATION, NATURE 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 PAID; 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.
WHEREAS, the Holly Hill Road East Community Development District was established by Ordinance No. 814 of the Board of City Commissioners of the City of Davenport, Florida, pursuant to Chapter 190, Florida Statutes, as amended (the “District”); and
WHEREAS, on November 5, 2018, the Board of City Commissioners of the City of Davenport, Florida adopted Ordinance No. 864, amending the boundaries of the District to include approximately 33.76 additional acres to those lands within the boundaries of the District (the “Expansion Area”); and
WHEREAS, the Board of Supervisors (the “Board”) of the District previously determined to undertake, install, plan, establish, construct or reconstruct, enlarge or extend, equip, acquire, operate, and/or maintain the infrastructure improvements described in the District's Amended and Restated Engineer's Report for Capital Improvements, dated March 21, 2018, as amended in the First Amendment to the Amended and Restated Engineer's Report, dated June 2018, and to defray the cost of such improvements through the levy of special assessments; and
WHEREAS, the Board now hereby determines to undertake, install, plan, establish, construct or reconstruct, enlarge or extend, equip, acquire, operate, and/or maintain the infrastructure improvements (the “Improvements”) described as Phase 4 in the District's Second Amended and Restated Engineer's Report for Capital Improvements, dated December 4, 2018, attached hereto as Exhibit A and incorporated herein by reference, which includes the additional improvements necessary for the Expansion Area; and
WHEREAS, it is in the best interest of the District to pay the cost 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; and
WHEREAS, the District hereby determines that benefits will accrue to the property improved, including the property within the Expansion Area, in the amount of those benefits, and that special assessments will be made in proportion to the benefits received as set forth in the Second Amended and Restated Master Assessment Methodology Report, dated December 19, 2018, attached hereto as Exhibit B and incorporated herein by reference and on file at 12051 Corporate Boulevard, Orlando, Florida 32817 (the “District Records Office”); and
WHEREAS, the District hereby determines that the Assessments to be levied will not exceed the benefit to the property improved, including the property within the Expansion Area.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE HOLLY HILL ROAD EAST COMMUNITY DEVELOPMENT DISTRICT:
1. The nature and general location of, and plans and specifications for, the Improvements are described in Exhibit A, which is on file at the District Records Offices. Exhibit B is also on file and available for public inspection at the same locations.
2. The total estimated cost of the Improvements is $3,920,000.00 (the “Estimated Cost”).
3. The Assessments will defray approximately $5,330,000.00, which includes the Estimated Cost, plus financing-related costs, capitalized interest, debt service reserve and contingency.
4. The manner in which the Assessments shall be apportioned and paid is set forth in Exhibit B, including provisions for supplemental assessment resolutions.
5. The Assessments shall be levied on all lots and lands, including those within the Expansion Area, adjoining and contiguous or bounding and abutting upon such Improvements or specially benefitted thereby and further designated by the assessment plat hereinafter provided for.
6. There is on file, at the District Records Offices, 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.
7. 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.
8. 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.
9. 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.
10. 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 Polk County and to provide such other notice as may be required by law or desired in the best interests of the District.
11. This Resolution shall become effective upon its passage.
PASSED AND ADOPTED THIS 19th DAY OF DECEMBER, 2018.
ATTEST: HOLLY HILL ROAD EAST COMMUNITY DEVELOPMENT DISTRICT
_/s/Jane Gaarlandt________________ _/s/Rennie Heath______________________
Secretary Chairperson, Board of Supervisors
Exhibit A: Second Amended and Restated Engineer's Report for Capital Improvements, dated December 4, 2018
Exhibit B: Second Amended and Restated Master Assessment Methodology Report, dated December 19, 2018
January 25; February 1, 2019 19-00148K