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NOTICE OF PUBLIC HEARING TO CONSIDER IMPOSITION OF SPECIAL ASSESSMENTS
PURSUANT TO SECTION 170.07, FLORIDA STATUTES, BY THE BABCOCK RANCH
COMMUNITY INDEPENDENT SPECIAL DISTRICT
NOTICE OF PUBLIC HEARING TO CONSIDER ADOPTION OF ASSESSMENT ROLL
PURSUANT TO SECTION 197.3632(4)(b), FLORIDA STATUTES, BY THE
BABCOCK RANCH COMMUNITY INDEPENDENT SPECIAL DISTRICT
NOTICE OF REGULAR MEETING OF THE BABCOCK RANCH
COMMUNITY INDEPENDENT SPECIAL DISTRICT
The Governing Board (“Board”) of the Babcock Ranch Community Independent Special District (“District”) will hold public hearings on April 7, 2022 at 1:00 P.M., at The Hatchery - East Conference Room, 42881 Lake Babcock Drive, 2nd Floor, Babcock Ranch, Florida 33982, to consider the adoption of an assessment roll, the imposition of special assessments to secure proposed bonds on benefited lands within the Trabue Parcel area of the District, a depiction of which lands is shown below, and to provide for the levy, collection and enforcement of the special assessments. The Trabue Parcel is a portion of a master development phase of the District known as “Phase VI.”
The District is located entirely within unincorporated Charlotte and Lee Counties, Florida. The Trabue Parcel lands to be improved are located north of the Charlotte/Lee County line and east of State Road 31 in Charlotte County, Florida. The District and the area to be assessed is geographically depicted below (that portion of the map identified as Trabue Hamlet 1 North) and in the District's Engineer's Report Phase VI Project Area; Charlotte County - Village 2 - Parcel 1, 2, 3, 4, 5, and 6, Charlotte County - Orvis Parcel, Charlotte County - Trabue Parcel, Lee County - DiVosta Parcel, dated February 2022, prepared by Kimley-Horn & Associates (“Capital Improvement Plan”). The public hearing is being conducted pursuant to Chapters 170, 189 and 197, Florida Statutes, and Chapter 2007-306, Laws of Florida, as amended. 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 Manager c/o Wrathell, Hunt and Associates, LLC, 2300 Glades Road, Suite 410W, Boca Raton, Florida 33410 (“District Manager's Office”).
The District is a unit of special-purpose local government responsible for providing infrastructure improvements for lands within the District. The infrastructure improvements for the Trabue Parcel (“Improvements”) are currently expected to include, but are not limited to, earthwork, entry features and wayfinding, mitigation, offsite improvements, stormwater management facilities and landscaping, Trabue neighborhood improvements and other infrastructure, all as more specifically described in the Capital Improvement Plan, on file and available during normal business hours at the District Manager's Office. According to the Capital Improvement Plan, the estimated cost of the Improvements for the Trabue Parcel is $95,840,000.
The District intends to impose assessments on benefited lands within the Trabue Parcel in the manner set forth in the District's Master Special Assessment Methodology Report for Phase VI dated February 24, 2022, and prepared by Wrathell, Hunt and Associates, LLC (“Assessment Report”), which is on file and available during normal business hours at the District Manager's Office.
The purpose of any such assessment is to secure the bonds issued to fund the Improvements. As described in more detail in the Assessment Report, the District's assessments will be levied against respective benefitted lands within the District. The Assessment Report identifies maximum assessment amounts for each assessment area and land use category that is currently expected to be assessed. The lien for assessments is proposed to be allocated to each parcel within Phase VI of the District based on the development plan associated with (rather than gross acreage) as the land within each parcel (each parcel constituting an assessment area) of Phase VI is anticipated to be sold in bulk prior to platting. Consequently, assessments for each assessment area within Phase VI will initially be allocated based on each respective assessment area's gross acreage as described in the Assessment Report, and will be levied on an equivalent residential unit (“ERU”) basis at the time that such property is platted or subject to a site plan or sold.
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 assess and collect sufficient revenues to retire no more than $126,195,319.71 in debt allocated to the Trabue Parcel, exclusive of fees and costs of collection or enforcement, discounts for early payment and interest. The proposed annual schedule of assessments is as follows:
Product Type Number of Units Total Bond Assessment Apportionment Bond Assessment Apportionment per Unit Annual Bond Assessment Debt Service per Unit* Annual Bond Assessment Debt Service per Unit**
Trabue Parcel
20' 404 $13,808,883.46 $34,180.40 $2,894.10 $3,078.83
52' 741 $47,841,172.97 $64,562.99 $5,466.63 $5,815.56
65' 570 $41,130,420.20 $72,158.63 $6,109.76 $6,499.75
Twin Villa 544 $23,414,843.09 $43,041.99 $3,644.42 $3,877.04
2,259 $126,195,319.71
* Excludes costs of collection and early payment discount allowance
** Includes costs of collection and early payment discount allowance
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 Charlotte 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, April 7, 2022 at 1:00 P.M., at The Hatchery - East Conference Room, 42881 Lake Babcock Drive, 2nd Floor, Babcock Ranch, Florida 33982, the Board will hold a regular public meeting 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 special districts. The Board meeting and/or the public hearings may be continued in progress to a certain date and time announced at such 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 Manager's Office 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 2022-29
[TRABUE PARCEL]
A RESOLUTION OF THE GOVERNING BOARD OF THE BABCOCK RANCH COMMUNITY INDEPENDENT SPECIAL DISTRICT DECLARING SPECIAL ASSESSMENTS; 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 Governing Board (the “Board”) of the Babcock Ranch Community Independent Special District (the “District”) hereby determines to undertake, install, plan, establish, construct or reconstruct, enlarge or extend, equip, acquire, operate, and/or maintain the infrastructure improvements for the property known as the Trabue Parcel (the “Improvements”) and described in the District's Engineer's Report - Phase VI Project Area dated February 2022, attached hereto as Exhibit A and incorporated herein by reference; and
WHEREAS, it is in the best interest of the District to pay the cost to finance the Improvements by special assessments pursuant to Chapter 2007-306, Laws of Florida, as amended (the “Assessments”); and
WHEREAS, the District is empowered by Chapter 2007-306, Laws of Florida, as amended, 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, the amount of those benefits, and that special assessments will be made in proportion to the benefits received as set forth in the Master Special Assessment Methodology Report for Phase VI dated February 24, 2022, attached hereto as Exhibit B and incorporated herein by reference and on file at 2300 Glades Road, Suite 410W, Boca Raton, Florida 33431 (the “District Records Office”) and 42891 Lake Babcock Drive, Room 211, Babcock Ranch, Florida 33982 (the “District Local Records Office”); and
WHEREAS, the District hereby determines that the Assessments to be levied will not exceed the benefit to the property improved.
NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BOARD OF THE BABCOCK RANCH COMMUNITY INDEPENDENT SPECIAL DISTRICT:
1. Assessments shall be levied to defray the cost of the Improvements.
2. 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 Office and District Local Records Office. Exhibit B is also on file and available for public inspection at the same locations.
3. The total estimated cost of the Improvements is $201,320,000.00 (the “Estimated Cost”).
4. The Assessments will defray approximately $270,515,000.00, which includes a portion of 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 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 benefitted thereby and further designated by the assessment plat hereinafter provided for.
7. There is on file, at the 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 and Chapter 2007-306, Laws of Florida, as amended; 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 assessment roll 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 Charlotte County and Lee County and to provide such other notice as may be required by law or desired in the best interests of the District.
12. This Resolution shall become effective upon its passage.
PASSED AND ADOPTED this 24th day of February, 2022.
ATTEST: BABCOCK RANCH COMMUNITY
INDEPENDENT SPECIAL DISTRICT
/S/Craig Wrathell By: /S/ Bill Vander May
Secretary Chairman
Exhibit A: Engineer's Report - Phase VI Project Area dated February 2022
Exhibit B: Master Special Assessment Methodology Report for Phase VI dated
February 24, 2022
March 11, 18, 2022 22-00240T