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NOTICE OF PUBLIC HEARING TO CONSIDER IMPOSITION OF SPECIAL ASSESSMENTS PURSUANT TO SECTION 170.07, FLORIDA STATUTES, BY THE LAKESIDE PRESERVE COMMUNITY DEVELOPMENT DISTRICT
NOTICE OF PUBLIC HEARING TO CONSIDER ADOPTION OF ASSESSMENT ROLL PURSUANT TO SECTION 197.3632(4)(b), FLORIDA STATUTES, BY THE LAKESIDE PRESERVE COMMUNITY DEVELOPMENT DISTRICT
NOTICE OF REGULAR MEETING OF THE
LAKESIDE PRESERVE COMMUNITY DEVELOPMENT DISTRICT
The Board of Supervisors (“Board”) of the Lakeside Preserve Community Development District (“District”) will hold a public hearing on Wednesday October 25 at 11:30 a.m., or as soon thereafter as the matter may be heard, at the Heritage Baptist Church, 4202 Pipkin Creek Road, Lakeland, Florida 33811 to consider the adoption of an assessment roll, the imposition of special assessments to secure proposed bonds on benefited lands within the District, a depiction of which lands is shown below, and to provide for the levy, collection and enforcement of the special assessments. The streets and areas to be improved are geographically depicted below and in the District's First Amendment to Lakeside Preserve Community Development District Engineer's Report, dated August 2023, as may be further amended (the master project described therein, the “CIP”). The public hearing is being conducted pursuant to Chapters 170, 190 and 197, Florida Statutes. 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 located at c/o PFM Group, LLC, 3501 Quadrangle Boulevard, suite 270, Orlando, Florida 32817, (407) 723-5900 (“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 expected to be funded by the District (“Improvements”) are described in the CIP, and are currently expected to include, but are not limited to, roadways, stormwater management system, utilities (water, sewer, reclaim), hardscape/landscape/irrigation, undergrounding of conduit, environmental conservation/mitigation, amenities, off-site improvements, and other improvements, all as more specifically described in the CIP, on file and available during normal business hours at the District Manager's Office. According to the Phase 2 CIP, the estimated cost of the Improvements, including contingency and professional services, is $11,450,000.
The District intends to impose assessments on benefited lands within the District in the manner set forth in the District's Amended and Restated Master Special Assessment Methodology for Lakeside Preserve Community Development District, dated September 2023, as may be amended and supplemented (“Assessment Report”), which is also 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 all benefitted lands within the District. The Assessment Report identifies maximum assessment amounts for each land use category that is currently expected to be assessed. The method of allocating assessments for the Improvements to be funded by the District will initially be determined on an equal assessment per gross acre basis and will be allocated on an equivalent residential unit (“ERU”) basis at the time that such property is platted or subject to a site plan. Please consult the Assessment Report for a more detailed explanation of the methodology.
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 collect sufficient revenues to retire no more than $17,550,000 in debt to be assessed by the District, exclusive of fees and costs of collection or enforcement, discounts for early payment and interest. The proposed annual schedule of assessments is as follows:
Land Use
Total # of Units/ Acres
ERU Factor
Proposed Maximum Principal Per Unit/Acre
Proposed Maximum Annual Assessment Per Unit*
Phase 1 - SF Lots**
135
1
$26,074
$1,802.07
Phase 2 - SF Lots
291
1
$48,213
$4,073.34
* Includes costs of collection and early payment discounts when collected on the County tax bill. All amounts stated herein are subject to change and/or final determination at the public hearings and meeting identified above. Specific maximum amounts expected per parcel or product type are as set forth in the Assessment Report.
**Assessment Levels associated with Series 2019 Bonds
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 are anticipated to be collected on the Polk 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. Notwithstanding the description of the Maximum Assessments herein, landowners will not have a payment obligation until the issuance of bonds, at which time the fixed assessment amounts securing those bonds, as well as a collection protocol, will be determined. The fixed assessment amounts will be determined at a public meeting, pursuant to a supplemental assessment resolution, engineer's report and assessment methodology, but will in no event exceed the Maximum Assessments noticed herein. Please note that the preceding statement only applies to capital (debt) assessments and shall have no effect on the ability of the District to levy assessments and collect payments related to the operation and maintenance of the District.
At the same date, time, and place, 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 community development districts. The Board meeting and/or the public hearings may be continued in progress to a date and time certain announced at the 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.
Pursuant to provisions of the Americans with Disabilities Act, any person requiring special accommodations at this meeting because of a disability or physical impairment should contact the District Manager's Office, PFM Group, LLC, 3501 Quadrangle Boulevard, suite 270, Orlando, Florida 32817, or by calling (407) 723-5900, at least forty-eight (48) hours prior to the meeting. If you are hearing or speech impaired, please contact the Florida Relay Service by dialing 7-1-1, or 1-800-955-8771 (TTY) / 1-800-955-8770 (Voice), for aid in contacting the District Manager's Office.
LAKESIDE PRESERVE COMMUNITY DEVELOPMENT DISTRICT
RESOLUTION 2023-07
A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE LAKESIDE PRESERVE COMMUNITY DEVELOPMENT DISTRICT AMENDING AND SUPPLEMENTING RESOLUTIONS 2018-15 AND 2018-19; ADOPTING AN AMENDED AND RE-STATED MASTER ASSESSMENT METHODOLOGY REPORT; ADOPTING A FIRST AMENDMENT TO THE ENGINEER'S REPORT; 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 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 Board of Supervisors (the “Board”) of the Lakeside Preserve Community Development District (the “District”) previously determined to undertake the construction and maintenance of certain infrastructure improvements, (the “Improvements”) and evidenced its intent to defray the cost of such Improvements through the levy and collection of assessments against property within the District benefitted by the Improvements pursuant to Resolutions 2018-15, and 2018-19, (the Assessment Resolutions”); and
WHEREAS, the owner and developer of the vacant lands within the District formerly designated as Phases 2 and 3, have revised their development plan into a single phase 2 to include new product types and development densities; and
WHEREAS, the District Engineer has prepared a revised engineer's report based on presently anticipated Improvements necessary for the development of phase 2 together with the estimated costs of the Improvements and modified the development plan to incorporate additional Improvements to serve the phase 2 lands, (the “Phase 2 Lands”); and
WHEREAS, the District Engineer has presented a “First Amendment to the Master Engineer's Report dated December 2017, as defined below, that details the scope and cost of Improvements necessary to serve the lands currently located within the District as well as the Phase 2 Lands; and
WHEREAS, because of the increase in the estimated costs of the Improvements to the Phase 2 Lands currently included in the District, the District desires to amend the provisions of the Assessment Resolutions to reflect an increased assessment lien amount for the Phase 2 Lands; and
WHEREAS, the District will by separate resolution declare, levy, and impose special assessments upon the Phase 2 Lands to provide its proportionate share of the costs of the Improvements; and
WHEREAS, the District hereby determines to undertake, install, plan, establish, construct or reconstruct, enlarge or extend, equip, acquire, operate, and/or maintain the infrastructure Improvements described in the District's First Amendment to Lakeside Preserve Community Development District Engineer's Report, dated August 2023, 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 of the Improvements by special assessments pursuant to Chapter 190, Florida Statutes (the “Assessments”); and
WHEREAS, the District is empowered by Chapter 190, the Uniform Community Development District Act, Chapter 170, Supplemental and Alternative Method of Making Local Municipal Improvements, and Chapter 197, the Uniform Method for the Levy, Collection, and Enforcement of Non-Ad Valorem Assessments, Florida Statutes, 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 Amended and Restated Master Assessment Methodology Report for Lakeside Preserve Community Development District, dated August 16, 2023 (“Amended Master Report”), attached hereto as Exhibit B and incorporated herein by reference and on file at the office of the District Manager, c/o PFM Group Consulting, LLC, 3501 Quadrangle Boulevard, Suite 270, Orlando, Florida 32817 (the “District Records Office”); and
WHEREAS, the District hereby determines that the Assessments to be levied will not exceed the benefit to the property improved as set forth in the Amended Master Report.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE RHODINE ROAD NORTH:
1. Assessments shall be levied to defray a portion of the cost of the Improvements as specified in the Amended Master Report.
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. Exhibit B is also on file and available for public inspection at the same location.
3. The total estimated cost of the Improvements for Phase 2 is $11,450,000 (the “Estimated Cost”).
4. The Assessments will defray approximately $17,550,000, which includes the Estimated Cost, plus financing-related costs, capitalized interest and a debt service reserve.
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 the 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 levied and 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; 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) consecutive weeks) in a newspaper of general circulation within Polk 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 is intended to amend and supplement Resolutions 2018-15, and 2018-19, relating to the District's levy of special assessments on certain lands within the boundaries of the District benefitting from the phase 2 Improvements. As such, all such prior resolutions, including but not limited to, Resolutions 2018-15, 2018-19, and 2019-03, remain in full force and effect, except to the extent provided for herein.
13. This Resolution shall become effective upon its passage.
14. The invalidity or enforceability of any one or more provisions of this Resolution shall not affect the validity or enforceability of the remaining portions of this Resolution, or any part thereof.
PASSED AND ADOPTED this 20th day of September 2023.
ATTEST: LAKESIDE PRESERVE COMMUNITY DEVELOPMENT
DISTRICT
___/s/ J. Gaarlandt_________ By: /s/ L. Saunders
Secretary Its: Chairperson
Sept. 29; Oct. 6, 2023 23-01395K