24-00671P

NOTICE AND ORDER
TO SHOW CAUSE
IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT OF THE STATE OF FLORIDA, IN AND FOR PASCO COUNTY, FLORIDA
GENERAL CIVIL DIVISION
CASE NO: 51-2024-CA-000781-CA-AXES
VIDA'S WAY 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 VIDA'S WAY 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,
Defendant.
TO THE STATE OF FLORIDA, AND THE TAXPAYERS, PROPERTY OWNERS AND CITIZENS OF VIDA'S WAY 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 Vida's Way Community Development District in the County of Pasco, State of Florida, seeking to determine the authority of said District to issue its Vida's Way Community Development District Special Assessment Bonds, (the “Bonds”) in an aggregate amount not to exceed $81,245,000, 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 Sixth Judicial Circuit, in and for Pasco County, Florida, appear on the 15th day of May, 2024, at the hour of 11:30 a.m. of said day, before the Honorable Susan Barthle 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:
https://kutakrock.zoom.
us/j/82166081064
Meeting ID: 821 6608 1064
Passcode: No Passcode Needed
IT IS FURTHER ORDERED that prior to the date set for the hearing on said Complaint for validation, the Plaintiff, on behalf of 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 11th day of April, 2024.
/s/ Susan Barthle
Honorable Susan Barthle
Circuit Court Judge
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 Pasco County Customer Service Center, 8731 Citizens Drive, New Port Richey, Florida 34654, (727) 847-2411 (V) or the Pasco County Risk Management Office, 7536 State Street, New Port Richey, Florida 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.
Electronic Service List
Alyssa C. Willson
[email protected]
Kate V. John
[email protected]
Elaine Babiarz
[email protected]
April 19, 26, 2024 24-00671P