-
-
Loading
Loading
NOTICE OF PUBLIC HEARINGS TO CONSIDER THE IMPOSITION OF SPECIAL ASSESSMENTS PURSUANT TO SECTIONS 170.07 AND 197.3632, FLORIDA STATUTES, BY
HARMONY ON LAKE ELOISE COMMUNITY DEVELOPMENT DISTRICT
NOTICE OF SPECIAL MEETING OF
HARMONY ON LAKE ELOISE COMMUNITY DEVELOPMENT DISTRICT
In accordance with Chapters 170, 190 and 197, Florida Statutes, the Harmony on Lake Eloise Community Development District's (“District”) Board of Supervisors (“Board”) hereby provides notice of the following public hearings and public meeting:
PUBLIC HEARINGS AND MEETING
DATE: JANUARY 15, 2025
TIME: 9:30 a.m. (EST)
LOCATION: Holiday Inn Express & Suites - Orlando South
4050 Hotel Drive
Davenport, Florida 33897
NOTE: The District previously conducted an assessment hearing to levy master Debt Assessments, but is re-conducting the hearing in order to account for a change in the methodology.
The purpose of the public hearings announced above is to consider the imposition of special assessments (“Debt Assessments”), and adoption of assessment rolls to secure proposed bonds, on benefited lands within the District, and, to provide for the levy, collection and enforcement of the Debt Assessments. The proposed bonds secured by the Debt Assessments are intended to finance certain public infrastructure improvements, including, but not limited to, stormwater management, water and sewer utilities, landscape, irrigation, lighting, and other infrastructure improvements (together, “Project”), benefitting certain lands within the District. The Project is described in more detail in the Harmony on Lake Eloise Community Development District Engineer's Report, dated March 9, 2022 (“Engineer's Report”). Specifically, the Project includes a Capital Improvement Plan to provide public infrastructure benefitting all lands within the District, as identified in the Engineer's Report. The Debt Assessments are proposed to be levied as one or more assessment liens and allocated to the benefitted lands within various assessment areas, as set forth in the Amended and Restated Master Special Assessment Methodology Report, dated (“Assessment Report”). At the conclusion of the public hearings, the Board will, by resolution, levy and impose assessments as finally approved by the Board. A special meeting of the District will also be held where the Board may consider any other business that may properly come before it.
The District is located entirely within the City of Winter Haven, Florida, and consists of approximately 354.37 acres of land. The site is generally located west of Lake Eloise, north of Eagle Lake Loop, south of Lake Lulu and east of US 17. A geographic depiction of the District is shown below. All lands within the District are expected to be improved in accordance with the reports identified above.
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 “District's Office” located at c/o Wrathell, Hunt and Associates, LLC, 2300 Glades Road, Suite 410W, Boca Raton, Florida 33431 (877)276-0889. Also, a copy of the agendas and other documents referenced herein may be obtained from the District Office.
Proposed Debt Assessments
The proposed Debt Assessments are in the total principal amount of $73,185,000 (not including interest or collection costs), and are as follows:
Product Type
Total Number of Units
Total Cost Allocation*
Maximum Total Bond Assessments Apportionment
Maximum Bond Assessments Apportionment per Unit
Maximum Anual Principal and Interest Payment per Unit on the Bonds
Maximum Annual Bond Assessments Payment**
SF 20
288
$10,781,113.23
$13,752,885.91
$47,753.08
$3,469.21
$3,730.33
SF 40
103
$4,406,566.12
$5,621,219.24
$54,574.94
$3,964.81
$4,263.24
SF 40 Rear Load
154
$6,588,458.09
$8,404,541.39
$54,574.94
$3,964.81
$4,263.24
SF 50 Rear Load
111
$5,936,029.61
$7,572,273.49
$68,218.68
$4,956.01
$5,329.05
SF 50
345
$18,449,821.76
$23,535,444.63
$68,218.68
$4,956.01
$5,329.05
SF 60
124
$7,957,488.34
$10,150,939.60
$81,862.42
$5,947.22
$6,394.86
SF 80
38
$3,251,446.85
$4,147,695.75
$109,149.89
$7,929.62
$8,526.47
Total
1,163
$57,370,924.00
$73,185,000.00
*Amount includes principal only, and not interest or collect costs
**Amount includes estimated 3% County collection costs and 4% early payment discounts
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 will be collected on the County tax roll by the Tax Collector. Alternatively, the District may choose to directly collect and enforce these assessments.
The public hearings and meeting are open to the public and will be conducted in accordance with Florida law. The public hearings and meeting may be continued to a date, time, and place to be specified on the record. There may be occasions when staff or board members may participate by speaker telephone. Any person requiring special accommodations because of a disability or physical impairment should contact the District Office 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 Office.
Please note that all affected property owners have the right to appear and comment at the public hearings and meeting, and may also file written objections with the District Office within twenty (20) days of issuance of this notice. Each person who decides to appeal any decision made by the Board with respect to any matter considered at the public hearings or meeting is advised that person will need a record of proceedings and that accordingly, the person may need to ensure that a verbatim record of the proceedings is made, including the testimony and evidence upon which such appeal is to be based.
District Manager
RESOLUTION 202503
[REVISED MASTER ASSESSMENTS]
A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE HARMONY ON LAKE ELOISE COMMUNITY
DEVELOPMENT DISTRICT DECLARING SPECIAL ASSESSMENTS; DESIGNATING THE NATURE AND
LOCATION OF THE PROPOSED IMPROVEMENTS; DECLARING THE TOTAL ESTIMATED COST OF THE
IMPROVEMENTS, THE PORTION TO BE PAID BY ASSESSMENTS, AND THE MANNER AND TIMING IN WHICH THE ASSESSMENTS ARE TO BE PAID; DESIGNATING THE LANDS UPON WHICH THE ASSESSMENTS SHALL BE LEVIED; PROVIDING FOR AN ASSESSMENT PLAT AND A PRELIMINARY ASSESSMENT ROLL;
ADDRESSING THE SETTING OF PUBLIC HEARINGS; PROVIDING FOR PUBLICATION OF THIS RESOLUTION; AND ADDRESSING CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, the Harmony on Lake Eloise Community Development District (“District”) is a local unit of special-purpose government organized and existing under and pursuant to Chapter 190, Florida Statutes; and
WHEREAS, the District is authorized by Chapter 190, Florida Statutes, to finance, fund, plan, establish, acquire, install, equip, operate, extend, construct, or reconstruct roadways, sewer and water distribution systems, stormwater management/earthwork improvements, landscape, irrigation and entry features, conservation and mitigation, street lighting and other infrastructure projects, and services necessitated by the development of, and serving lands within, the District; and
WHEREAS, the District hereby determines to undertake, install, plan, establish, construct or reconstruct, enlarge or extend, equip, acquire, operate, and/or maintain the District's overall capital improvement plan (“Project”) for all lands within the District (“Assessment Area”), as described in the Engineer's Report, dated March 9, 2022, which is attached hereto as Exhibit A and incorporated herein by reference; and
WHEREAS, it is in the best interest of the District to pay for all or a portion of the cost of the Project by the levy of special assessments (“Assessments”) on the Assessment Area, using the methodology set forth in that Amended and Restated Master Special Assessment Methodology Report, dated December 9, 2024, which is attached hereto as Exhibit B, incorporated herein by reference, and on file with the District Manager at c/o Wrathell, Hunt & Associates, LLC, 2300 Glades Road, Suite 410W, Boca Raton, Florida 33431 (“District Records Office”);
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE HARMONY ON LAKE
ELOISE COMMUNITY DEVELOPMENT DISTRICT:
1. AUTHORITY FOR THIS RESOLUTION; INCORPORATION OF RECITALS. This Resolution is adopted pursuant to the provisions of Florida law, including without limitation Chapters 170, 190 and 197, Florida Statutes. The recitals stated above are incorporated herein and are adopted by the Board as true and correct statements.
2. DECLARATION OF ASSESSMENTS. The Board hereby declares that it has determined to make the Project and to defray all or a portion of the cost thereof by the Assessments.
3. DESIGNATING THE NATURE AND LOCATION OF IMPROVEMENTS. The nature and general location of, and plans and specifications for, the Project 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.
4. DECLARING THE TOTAL ESTIMATED COST OF THE IMPROVEMENTS, THE PORTION TO BE PAID BY ASSESSMENTS, AND THE MANNER AND TIMING IN WHICH THE ASSESSMENTS ARE TO BE PAID.
A. The total estimated cost of the Project is $57,370,924 (“Estimated Cost”).
B. The Assessments will defray approximately $73,185,000, which is the anticipated maximum par value of any
bonds and which includes all or a portion of the Estimated Cost, as well as other financing-related costs, as set forth
in Exhibit B, and which is in addition to interest and collection costs. On an annual basis, the Assessments will
defray no more than $5,897,716 per year, again as set forth in Exhibit B.
C. The manner in which the Assessments shall be apportioned and paid is set forth in Exhibit B, as may be modified by supplemental assessment resolutions. The Assessments will constitute a “master” lien, which may be
imposed without further public hearing in one or more separate liens each securing a series of bonds, and each as
determined by supplemental assessment resolution. With respect to each lien securing a series of bonds, the special assessments shall be paid in not more than (30) thirty yearly installments. The special 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, including but not limited to by direct bill. The
decision to collect special assessments by any particular method - e.g., on the tax roll or by direct bill - does not
mean that such method will be used to collect special assessments in future years, and the District reserves the right
in its sole discretion to select collection methods in any given year, regardless of past practices.
5. DESIGNATING THE LANDS UPON WHICH THE SPECIAL ASSESSMENTS SHALL BE LEVIED. The Assessments securing the Project shall be levied on the Assessment Area, as described in Exhibit B, and as further designated by the assessment plat hereinafter provided for.
6. ASSESSMENT PLAT. Pursuant to Section 170.04, Florida Statutes, there is on file, at the District Records Office, an assessment plat showing the area to be assessed (i.e., Assessment Area), with certain plans and specifications describing the Project and the estimated cost of the Project, all of which shall be open to inspection by the public.
7. PRELIMINARY ASSESSMENT ROLL. Pursuant to Section 170.06, Florida Statutes, 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.
8. PUBLIC HEARINGS DECLARED; DIRECTION TO PROVIDE NOTICE OF THE HEARINGS. Pursuant to Sections 170.07 and 197.3632(4)(b), Florida Statutes, among other provisions of Florida law, there are hereby declared two public hearings to be held as follows:
PUBLIC HEARINGS AND MEETING
DATE: January 15, 2025
TIME: 9:30 a.m. (EST)
LOCATION: Holiday Inn Express & Suites - Orlando South
4050 Hotel Drive
Davenport, Florida 33897
The purpose of the public hearings is to hear comment and objections to the proposed special assessment program for District improvements as identified in the preliminary assessment roll, a copy of which is on file and as set forth in Exhibit B. Interested parties may appear at that hearing or submit their comments in writing prior to the hearings at the District Records Office.
Notice of said hearings shall be advertised in accordance with Chapters 170, 190 and 197, Florida Statutes, and the District Manager is hereby authorized and directed to place said notice in a newspaper of general circulation within Polk County (by two publications one week apart with the first publication at least twenty (20) days prior to the date of the hearing established herein). The District Manager shall file a publisher's affidavit with the District Secretary verifying such publication of notice. The District Manager is further authorized and directed to give thirty (30) days written notice by mail of the time and place of this hearing to the owners of all property to be assessed and include in such notice the amount of the assessment for each such property owner, a description of the areas to be improved and notice that information concerning all assessments may be ascertained at the District Records Office. The District Manager shall file proof of such mailing by affidavit with the District Secretary.
9. PUBLICATION OF RESOLUTION. Pursuant to Section 170.05, Florida Statutes, the District Manager is hereby directed to cause this Resolution to be published twice (once a week for two (2) 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.
10. CONFLICTS. All resolutions or parts thereof in conflict herewith are, to the extent of such conflict, superseded and repealed.
11. SEVERABILITY. If any section or part of a section of this resolution be declared invalid or unconstitutional, the validity, force, and effect of any other section or part of a section of this resolution shall not thereby be affected or impaired unless it clearly appears that such other section or part of a section of this resolution is wholly or necessarily dependent upon the section or part of a section so held to be invalid or unconstitutional.
12. EFFECTIVE DATE. This Resolution shall become effective upon its adoption.
PASSED AND ADOPTED this 9th day of December, 2024.
ATTEST: HARMONY ON LAKE ELOISE COMMUNITY
DEVELOPMENT DISTRICT
/s/Andrew Kantarzhi /s/ Shelley Kaercher
Secretary/Assistant Secretary Chair/Vice Chair, Board of Supervisors
Exhibit A: Engineer's Report, dated March 9, 2022
Exhibit B: Amended and Restated Master Special Assessment Methodology Report, dated December 9, 2024
December 20, 27, 2024 24-01753K