23-00934P

NOTICE AND ORDER TO
SHOW CAUSE
IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT OF FLORIDA, IN AND FOR
PASCO COUNTY
GENERAL CIVIL DIVISION
CASE NO:
2023CA003059CAAXWS
PTC 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 PTC 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.
NOTICE AND ORDER TO SHOW CAUSE
TO THE STATE OF FLORIDA, AND THE TAXPAYERS, PROPERTY OWNERS AND CITIZENS OF THE PTC COMMUNITY DEVELOPMENT DISTRICT (“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 PTC COMMUNITY DEVELOPMENT DISTRICT SPECIAL ASSESSMENT 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 Pasco, State of Florida, seeking to determine the authority of said District to issue its PTC Community Development District Special Assessment Revenue Bonds (“Bonds”) in an aggregate amount not to exceed $190,185,000, 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 been validly established and has the power to undertake its Capital Improvement Plan, 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 Bonds when issued pursuant to the Act and Indenture, the Assessments pledged for the payment of the principal thereof, redemption premium, if any, and interest thereon, and the Bond Resolution and all of the proceedings attendant to all of the foregoing --including the Assessments -- are valid and in conformity with law and the Assessments constitute a first lien on the property in the District against which they are assessed; (c) the Assessments are supported by sufficient benefit and are fairly and reasonably allocated across all benefitted properties; (d) upon due issuance of the Bonds in conformance with the Bond Resolution and the Trust Indentures, 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; (e) the District has the power to plan, finance, acquire, construct, reconstruct, equip and install, in one or more stages, the Capital Improvement Plan; (f) the Capital Improvement Plan will serve a valid public purpose; and (g) the members of the District's Board have been duly and validly elected. 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 Sixth Judicial Circuit, in and for Pasco County, Florida, appear on the 13th day of July, 2023 at the hour of 9:30 a.m. of said day for 15 minutes, before the Honorable Kimberly Sharpe Byrd, via Telephonic Hearing at (727) 815-7132, 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.
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 Pasco 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.
Electronically Conformed 5/12/2023
Kimberly Sharpe Byrd
Kimberly Sharpe Byrd,
Circuit Court Judge
Copies to:
Sara Elizabeth Macks, Assistant State Attorney ([email protected])
Elaine Babiarz,
Assistant State Attorney
([email protected])
Jennifer Kilinski, Counsel for Plaintiff ([email protected])
Lauren Gentry, Counsel for Plaintiff ([email protected])
Grace Kobitter, Counsel for Plaintiff ([email protected])
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 Public Information Dept., Pasco County Government Center, 7530 Little Rd., New Port Richey, FL 34654; (727) 847-8110 (V) in New Port Richey; (352) 521-4274, ext 8110 (V) in Dade City, 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 impaired call 711. The court does not provide transportation and cannot accommodate for this service. Persons with disabilities needing transportation to court should contact their local public transportation providers for information regarding transportation services.
June 16, 23, 2023 23-00934P