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NOTICE AND ORDER
TO SHOW CAUSE
IN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT OF FLORIDA, IN AND FOR MANATEE COUNTY
GENERAL CIVIL DIVISION
CASE NO: 2020-CA-3905
DW BAYVIEW 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 DW BAYVIEW 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 DW BAYVIEW COMMUNITY DEVELOPMENT 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 DW BAYVIEW COMMUNITY DEVELOPMENT DISTRICT SPECIAL ASSESSMENT BONDS, OR TO BE AFFECTED THEREBY:
DW BayView Community Development District (the “District”) having filed its Complaint for Validation of not to exceed $25,000,000 principal amount of DW BayView Community Development District Special Assessment Bonds, in one or more series (the “Bonds”), and it appearing in and from said Complaint and the Exhibits attached thereto that the District has adopted a resolution authorizing the issuance of the Bonds for the purpose of providing funds, together with other available funds, for paying the costs of planning, financing, acquiring, constructing, reconstructing, equipping and installing improvements as part of its Project (as defined in said Complaint), and it also appearing that all of the facts required to be stated by said Complaint and Exhibits by Chapter 75, Florida Statutes, are contained therein, and that the District prays that this Court issue an order as directed by said Chapter 75, and the 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 Twelfth Judicial Circuit, in and for Manatee County, Florida, appear on the 25th day of January, 2021, at the hour of 1:45 p.m. of said day for 15 minutes, before the Honorable Edward Nicholas, via Zoom Application (information below), this hearing shall be conducted either by telephonic means or video conference), 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. Due to the ongoing COVID-19 public health emergency, the parties shall be required to appear using communications media technology pursuant to Florida Supreme Court's Administrative Order AOSC20-15, as may be extended or supplemented. The parties and public may access the hearing via their computer at https://us02web.zoom.us/j/89463090720?pwd=RkZ4VjZQcDhoN3kxN1llY0s1WUhUZz09 and by entering the Meeting ID 894 6309 0720 and Password 902302, OR may dial in telephonically via Zoom at (646) 876-9923 and enter the above Meeting ID and Password.
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 Manatee 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.
DONE AND ORDERED at the Courthouse in Manatee County, Florida, this 11th day of December, 2020.
The Honorable Edward Nicholas
Circuit Court Judge
January 1, 8, 2021 21-00001M