23-01890P

NOTICE AND ORDER
TO SHOW CAUSE
IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT OF FLORIDA, IN AND FOR PASCO COUNTY, FLORIDA
CASE NO.:
2023CA004524CAAXES
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 HEREIN DESCRIBED, OR TO BE AFFECTED IN ANY WAY THEREBY,
Defendants.
TO 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 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 in an aggregate principal amount not to exceed $190,185,000 (“Bonds”, inclusive of the previously validated $135,265,000 in aggregate principal amount and an additional $54,920,000 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) the District has power to undertake the 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 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 Amended Bond Resolution are valid and in conformity with law; (c) the Special 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 Amended Bond Resolution and the Indenture, the Bonds will constitute valid and binding obligations of the District and will be enforceable by their terms as established by the Amended Bond Resolution and the 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) 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 Sixth Judicial Circuit, in and for Pasco County, Florida, appear on Monday, December 11, 2023 at 2:30 p.m. of said day, before the Honorable Declan Mansfield by Telephone, Hearing Line Number 727-834-3719 (15 minutes reserved) 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.
DONE AND ORDERED at the Courthouse in Pasco County, Florida, this __ day of ___________, 2023.
Electronically Conformed 11/6/2023 Kemba Lewis
Honorable Kemba Damali
Johnson Lewis,
Circuit Judge
Copies furnished to:
Elaine Babiarz
[email protected]
[email protected]
Jennifer Kilinski
[email protected]
Grace Kobitter
[email protected]
ADA: 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 either the Pasco County Customer Service Center, 8731 Citizens Drive, New Port Richey, FL 34654, (727) 847-2411 (V) or the Pasco County Risk Management Office, 7536 State Street, New Port Richey, FL 34654, (727) 847-8028 (V) 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.
November 10, 17, 2023 23-01890P