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AMENDED NOTICE AND
ORDER TO SHOW CAUSE
IN THE CIRCUIT COURT OF THE
TWENTIETH JUDICIAL CIRCUIT OF THE STATE OF FLORIDA, IN AND FOR LEE COUNTY, FLORIDA
GENERAL CIVIL DIVISION
CASE NO: 2022-CA-003024
DEL WEBB OAK CREEK
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 DEL WEBB OAK CREEK
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 HEREIN DESCRIBED, OR TO BE
AFFECTED IN ANY WAY THEREBY,
Defendants.
TO THE STATE OF FLORIDA, AND THE TAXPAYERS, PROPERTY OWNERS AND CITIZENS OF DEL WEBB OAK CREEK 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 HEREIN DESCRIBED, OR TO BE AFFECTED IN ANY WAY THEREBY:
The above cause comes to be heard upon the Complaint filed herein by the Del Webb Oak Creek Community Development District in the County of Lee, State of Florida, seeking to determine the authority of said District to issue its Del Webb Oak Creek Community Development District Special Assessment Bonds, (the “Bonds”) in an aggregate amount not to exceed $38,560,000, 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 levy, impose and collect the Special Assessments, as set forth in the Complaint; (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 Indenture, the Bonds will constitute 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) the District has the power to plan, finance, construct and/or acquire the Capital Improvement Plan; (e) the Capital Improvement Plan serves a valid public purpose; and (f) 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 Twentieth Judicial Circuit, in and for Lee County, Florida, appear on the 28th day of November 2022, at the hour of 3:00 p.m. (JACS Booking Confirmation Number 827209) of said day, before the Honorable Joseph C. Fuller, Jr., 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 Special Assessments, 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 and in accordance with the Zoom Instructions attached as Exhibit A:
www.zoom.us
Meeting ID: 983 397 1054
Telephone 786-635-1003 (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 Amended Notice and Order to be published in a newspaper published and of general circulation in Lee 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 Amended 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.
EXHIBT A
Below please find the Zoom meeting information for the Hearing scheduled before Judge Fuller:
If you do not have a computer or smartphone, you will still be able to participate in the hearing by calling in using a telephone. Please note that there is a distinct numeric password for telephonic appearance.
If you are using a computer, smartphone, or tablet, you need to be sure that you have enabled the microphone, camera (if desired), and speaker prior to joining the meeting. The use of a camera is not required to participate, but is an available option and will permit the Judge to administer an oath to a person wishing to testify who she can see, hear, and positively identify. In such event, please have a form of identification available to produce by displaying to the camera. Please note that sometimes hearings run longer than scheduled and we may not start exactly at the designated time. You will remain in the waiting room until your case is called.
Two ways you may appear are as follows:
1. Use the following information to join a Zoom Meeting from an electronic device (computer, smartphone, or tablet with working microphone and speaker(s) and an optional camera), and joining with audio at:
Enter this Meeting ID on the Zoom website/app: Meeting ID: 983 397 1054
Note: If you have not used the Zoom app before, please ensure the Zoom app is installed on your electronic device prior to the hearing to avoid delay.
If your electronic device does not have a working microphone/speaker(s), you may also join with audio by following the prompts to dial in by telephone.
Or
2. Use a telephone for audio only, by following the prompts when you call:
Dial by your location
+1 786 635 1003 US (Miami)
+1 312 626 6799 US (Chicago)
+1 470 250 9358 US (Atlanta)
+1 470 381 2552 US (Atlanta)
+1 646 518 9805 US (New York)
+1 646 558 8656 US (New York)
+1 651 372 8299 US (St. Paul)
+1 267 831 0333 US (Philadelphia)
+1 301 715 8592 US (Germantown)
+1 346 248 7799 US (Houston)
+1 602 753 0140 US (Phoenix)
+1 669 219 2599 US (San Jose)
+1 669 900 9128 US (San Jose)
+1 720 928 9299 US (Denver)
+1 971 247 1195 US (Portland)
+1 213 338 8477 US (Los Angeles)
+1 253 215 8782 US (Tacoma)
Meeting ID: 983 397 1054
Find your local number: https://zoom.us/u/ac5DyvC8vz
If you connect before the hearing is ready to begin, you may patiently wait in the waiting room to be brought into the hearing, as other hearings are being conducted.
Once in the hearing, REMEMBER YOU ARE IN COURT. DO NOT SPEAK “OVER” OTHERS AND MAINTAIN APPROPRIATE DECORUM.
If you have exhibits that you wish to introduce into evidence, THEY SHOULD BE FILED ELECTRONICALLY OR BY MAIL WITH THE CLERK OF COURT FAR IN ADVANCE OF THE HEARING, with sufficient time to be entered into the viewable Court file.
DONE AND ORDERED at the Courthouse in Lee County, Florida.
/s/ Joseph Fuller
eSigned by Jospeh Fuller
10/12/2022
15:57:08
October 21, 28, 202222-03593L