23-00262K

NOTICE AND ORDER TO
SHOW CAUSE
IN THE CIRCUIT COURT OF THE TENTH JUDICIAL CIRCUIT OF
FLORIDA, IN AND FOR POLK COUNTY
GENERAL CIVIL DIVISION CASE NO:
53-2023CA-000202000000
VILLAMAR 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 VILLAMAR 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 VILLAMAR 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 VILLAMAR 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 District in the County of Polk, State of Florida, seeking to determine the authority of said District to issue its VillaMar Community Development District Special Assessment Bonds in the aggregate principal amount not to exceed $77,615,000 (the “Bonds,” inclusive of previously validated $50,000,000 in aggregate principal amount and an additional $27,615,000 in aggregate principal amount to be validated as sought by the Complaint), 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) all actions taken to amend the boundary of the District were in compliance with law and the Ordinances were lawfully adopted by the City Commission of the City of Winter Haven, Florida; (b) the District has power to undertake the Project, to issue the Bonds and to incur the bonded debt as set forth in this Complaint and has properly approved the issuance of the Bonds; (c) the Bonds when issued pursuant thereto, the Special Assessments pledged for the payment of the principal thereof, redemption premium, if any, and interest thereon, the Amended Bond Resolution and all of the proceedings attendant to all of the foregoing are valid and in conformity with law; (d) upon due issuance of the Bonds in conformance with the Amended Bond Resolution, the Bonds will constitute legal, valid and binding obligations of the District and will be enforceable by their terms as established by the Amended Bond Resolution and the Trust Indenture, as supplemented; (e) the District has power to plan, design, finance, acquire, construct, reconstruct, equip and install, in one or more stages, the Project, as amended; (f) the Project, as amended, serves and will continue to serve a valid public purpose; and (g) this Court may 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 Tenth Judicial Circuit, in and for Polk County, Florida, appear on the 10th day of April, 2023 at the hour of 9:15 a.m. of said day for 15 minutes, before the Honorable James Alan Yancey, via Microsoft Teams Videoconferencing (information below), 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.
PLEASE TAKE FURTHER NOTICE that the above-noticed hearing shall take place remotely via Microsoft Teams Videoconferencing. To participate in the hearing, click the following link to appear by videoconference. (If you received a paper copy of this Notice of Hearing, please visit the Tenth Judicial Circuit website at http://www.jud10.flcourts.org/ for links to Polk County's virtual courtrooms and make sure to select the link listed below.) Alternatively, non-testifying participants may appear telephonically by dialing the number and entering the conference ID appearing below:
To appear via video, click the link below. Click Here to Enter Polk Civil Division 08 Virtual Courtroom
Or
Call in by phone and use ID.
+1 863-225-4022, Conference ID: 520 540 847#
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 Polk 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.
NOTICE REGARDING REMOTE PARTICIPATION OPTIONS FOR PARTICIPATION
Videoconference by computer or laptop: You must have a microphone and camera installed, email account, and reliable internet connection. You may select “Join in Browser” without downloading software or download the free Microsoft Teams app for better user experience.
Videoconference by smartphone or tablet: You must have camera, microphone, reliable internet connection, and an email account. Participation using a smartphone or tablet requires download of the free Microsoft Teams app.
Teleconference option: You may appear by telephone using the telephone number and conference ID provided in the above notice.
OTHER ADVISEMENTS
Any testifying participant must appear by videoconference.
Participate from an indoor location free from excessive background noise.
If you are directed to a virtual lobby, please be patient until the case is called.
Mute your microphone upon entering the virtual courtroom and keep your microphone muted unless speaking.
Additional information may be found on the Tenth Judicial Circuit Website at http://www.jud10.flcourts.org/. If you have questions or need additional support, please email Court Technology at 10thVirtualCourtSupport@jud10. flcourts.org, or call (863) 534-7788.
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 Office of the Court Administrator, 255 N. Broadway Avenue, Bartow, Florida 33830, (863) 534-4686, 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.
DONE AND ORDERED at the Courthouse in Polk County, Florida, this FEB 15 2023.
/s/James A. Yancey
James A. Yancey, Circuit Court Judge
Copies furnished to:
Jacob S. Orr, Esq.
[email protected]
Lauren M. Gentry, Esq.
[email protected]
Grace Kobitter, Esq.
[email protected]
Robert C. Gang, Esq.
[email protected]
Ashton M. Bligh, Esq.
[email protected]
Feb. 24; Mar. 3, 2023 23-00262K