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NOTICE AND ORDER
TO SHOW CAUSE
IN THE CIRCUIT COURT OF THE
TWELFTH JUDICIAL CIRCUIT
IN AND FOR SARASOTA COUNTY, FLORIDA
CASE NO: 2021 CA 002082 NC
DIVISION C CIRCUIT
GRACEWATER SARASOTA COMMUNITY DEVELOPMENT DISTRICT,
Plaintiff, v.
STATE OF FLORIDA, TAXPAYERS PROPERTY OWNERS AND CITIZENS OF GRACEWATER SARASOTA COMMUNITY DEVELOPMENT DISTRICT INCLUDING NONRESIDENTS 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 SPECIAL ASSESMENTS HEREIN DESCRIBED OR TO BE AFFECTED IN ANY WAY THEREBY,
Defendants.
TO THE STATE OF FLORIDA, AND THE TAXPAYERS, PROPERTY OWNERS AND CITIZENS OF GRACEWATER SARASOTA 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 GRACEWATER SARASOTA COMMUNITY DEVELOPMENT DISTRICT CAPITAL IMPROVEMENT REVENUE BONDS, OR TO BE AFFECTED THEREBY:
The above cause comes to be heard upon the Complaint filed herein by the Gracewater Community Development District in the County of Sarasota, State of Florida, seeking to determine the authority of said District to issue its Gracewater Sarasota Community Development District Capital Improvement Revenue Bonds, (the “Bonds”) in an aggregate amount not to exceed $25,470,000, 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 power to issue the Bonds and all series thereof and to incur the bonded debt as set forth in the Complaint, and to secure the Bonds with the Special Assessments; (b) the proceedings essential to the Bonds and all series thereof when issued pursuant thereto, the Pledged Revenues, including, without limitation, the Special Assessments pledged for the payment of the principal thereof, redemption premium, if any, and interest thereon, and the Bond Resolution are valid and in conformity with law; (c) upon due issuance of the Bonds in conformance with the Bond Resolution and the Trust Indentures, the Bonds will constitute legal, valid and binding obligations of the District and will be enforceable by their terms as established by the Bond Resolution and the Trust Indenture; and (d) 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 Twelfth Judicial Circuit, in and for Sarasota County, Florida, appear on June 17, 2021, at 11:00 a.m. before the Honorable Andrea McHugh via Zoom Application (invitation below), this hearing shall be conducted by 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. The parties and public may access the hearing via their computer at the following ZOOM link:
www.zoom.us
Meeting ID: 353 234 4884
Password: 756433
Telephone +1 253 215 8782 (audio only) and use the same Meeting ID
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 Sarasota 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 this 6th day of May, 2021.
Respond by June 21, 2021
ANDREA MCHUGH,
CIRCUIT JUDGE
(SEAL) glen Kopinsky
May 12, 2021
Hopping Green & Sams PA
119 South Monroe Street, Suite 300
Tallahassee, FL 32301
May 21, 28, 2021 21-01084S