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ORDER TO SHOW CAUSE
IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT OF THE STATE OF FLORIDA, IN AND FOR PINELLAS COUNTY, FLORIDA,
GENERAL CIVIL DIVISION
CASE NO.: 2020-CA-003495
VALIDATION OF THE NOT TO EXCEED $45,000.00 CITY OF BELLEAIR BEACH, FLORIDA STORMWATER UTILITY SYSTEM REVENUE NOTE, SERIES 2020
CITY OF BELLEAIR BEACH, FLORIDA, a municipal corporation of the State of Florida,
Plaintiff, vs.
STATE OF FLORIDA, and the Taxpayers, Property Owners and Citizens of the City of Belleair Beach, Florida, including non-residents owning property or subject to taxation therein, and all others having or claiming any right, title or interest in property to be affected by the issuance of the Series 2020 Note herein described or to be affected in any way thereby,
Defendants.
TO: THE STATE OF FLORIDA, THROUGH THE STATE ATTORNEY FOR THE SIXTH JUDICIAL CIRCUIT OF THE STATE OF FLORIDA, AND THE TAXPAYERS, PROPERTY OWNERS AND CITIZENS OF THE CITY OF BELLEAIR BEACH, FLORIDA, INCLUDING NON-RESIDENTS OWNING PROPERTY OR SUBJECT TO TAXATION THEREIN, AND ALL OTHERS HAVING OR CLAIMING ANY RIGHT, TITLE OR INTEREST IN PROPERTY TO BE AFFECTED BY THE CITY OF BELLEAIR BEACH'S ISSUANCE OF ITS STORMWATER UTILITY SYSTEM REVENUE NOTE, SERIES 2020 IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $45,000.00 OR TO BE AFFECTED IN ANY WAY THEREBY
Plaintiff, CITY OF BELLEAIR BEACH, a municipal corporation of the State of Florida (the “City”), having filed a complaint for validation pursuant to chapter 75, Florida Statutes, (the “Complaint”) for purposes of obtaining validation of its authority to incur indebtedness and issue its Stormwater Utility System Revenue Note, Series 2020 in an aggregate principal amount not to exceed $45,000.00 (the “Series 2020 Note”), as more particularly described in the Complaint, to determine the legality of matters in connection therewith including the provisions, projects, covenants, ordinances and resolutions described therein and the imposition and collection of stormwater utility fees pledged to the payment of the Series 2020 Note, and seeking an order to show cause and judgment of this Court, all as contained in the Complaint, and the Court being fully advised in the premises hereby:
ORDERS, ADJUDGES, and DECREES that the State of Florida, through the State Attorney for the Sixth Judicial Circuit of the State of Florida, and the taxpayers, property owners and citizens of the City, including nonresidents owning property subject to taxation therein, and all others having or claiming any right, title or interest in property to be affected by the issuance of the Series 2020 Note or to be affected in any way thereby, are hereby required to appear before the Honorable Thomas H. Minkoff on September 25, 2020 at 1:30 p.m. and show cause, if any there be, why the prayers of the Complaint should not be granted and why the proceedings for the Series 2020 Note and said obligations when issued pursuant thereto and the revenues and funds pledged to the payment thereof and the legality of all matters in connection therewith should not be validated and confirmed as requested. Due to the COVID-19 public health emergency, this hearing will be conducted via communications technology and can be accessed in the following manner:
Via live teleconferencing at Belleair Beach City Hall, 444 Causeway Boulevard, Belleair Beach, Florida 33786. Any property owners, taxpayers and citizens of the City of Belleair Beach may attend and fully participate in the hearing at this site. Telephone and/or computer equipment will be available for anyone who wishes to fully participate in the hearing. Please note that all those attending via this access point will be required to abide by CDC recommendations for social distancing, and must wear a face covering.
IT IS FURTHER ORDERED AND ADJUDGED that prior to the date set for the Order to Show Cause hearing as set forth above, the Clerk of this Court shall cause a copy of this Order to Show Cause to be published in a newspaper published and of general circulation in Pinellas County, Florida, 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.
AND IT IS FURTHER ORDERED AND ADJUDGED that, by such publication of this Order, all taxpayers, property owners and citizens of the City, including non-residents owning property or subject to taxation therein, and others claiming any right, title or interest in property to be affected by the City's issuance of the Series 2020 Note, or to be affected in any way thereby, be and they are made parties defendant to this proceeding, and that this Court shall have jurisdiction of them to the same extent as if named as defendants in the Complaint and personally served with process in this cause.
DONE AND ORDERED in Chambers in Pinellas County, Florida, this this 2nd day of September, 2020.
If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Human Rights Office, 400 S. Ft. Harrison Ave., Ste. 300, Clearwater, FL 33756, (727) 464-4062 (V/TDD) at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711.
Electronically Conformed 9/2/2020
THOMAS H. MINKOFF
Copies furnished to:
Sara Macks, Assistant State Attorney
September 4, 11, 2020 20-03902N