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NOTICE OF PUBLIC HEARING TO CONSIDER IMPOSITION OF REVISED SPECIAL ASSESSMENTS PURSUANT TO SECTION 170.07,
FLORIDA STATUTES, BY THE HERITAGE HARBOUR SOUTH COMMUNITY DEVELOPMENT DISTRICT
NOTICE OF PUBLIC HEARING TO CONSIDER ADOPTION OF ASSESSMENT ROLL,
AND THE LEVY, COLLECTION, AND
ENFORCEMENT OF SAME PURSUANT TO SECTION 197.3632(4)(b), FLORIDA STATUTES, BY THE
HERITAGE HARBOUR SOUTH COMMUNITY DEVELOPMENT DISTRICT
NOTICE OF PUBLIC HEARING TO CONSIDER THE ADOPTION OF THE FISCAL YEAR 2024/2025 BUDGET
NOTICE OF REGULAR MEETING OF THE
HERITAGE HARBOUR SOUTH COMMUNITY DEVELOPMENT DISTRICT
The Heritage Harbour South Community Development District Board of Supervisors (“Board”) will hold public hearing(s) and a regular meeting on August 20, 2024 at 5:00 PM at The Stoneybrook Recreation Center, 200 Golden Harbour Trail, Bradenton, Florida 34212, to receive public comment and testimony to consider adoption of its Fiscal Year 2024/2025 Budget, the adoption of an assessment roll, and the levy, collection, and enforcement of same as well as the imposition of revised special assessments for operation and maintenance of the District's infrastructure and revised debt assessments secured by benefited lands within the Heritage Harbour South Community Development District, (the “District”), a depiction of the District lands is shown below. The public hearings are being conducted pursuant to Chapters 170, 190 and 197, Florida Statutes. A copy of the proposed budget, preliminary assessment roll, description of the property to be assessed and the amount to be assessed to each piece or parcel of property as well as the agenda for the hearings and meeting may be ascertained at the District's Records Office located at Inframark, 313 Campus Street, Celebration, Florida 34747, or by e-mailing the District Manager, Kristee Cole, at [email protected]. At the conclusion of the public hearings, the Board will, by Resolutions, adopt a budget and levy assessments as finally approved by the Board. A regular Board 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 a unit of special-purpose local government responsible for providing infrastructure improvements to serve lands within the District. The infrastructure improvements (“Improvements”) include, but are not limited to, public roadways, drainage and stormwater improvements and facilities, all as more specifically described in the Improvement Plan, on file and available during normal business hours at the address provided above. The Improvements and Improvement Plan are set forth in the Heritage Harbour South Community Development District Report of District Engineer, as amended, (the “Engineer's Report”).
The District intends to impose revised bond assessments on benefited lands within the District in the manner set forth in the District's proposed Third Supplemental Assessment Methodology Report, dated June 4, 2024, as amended, (the “Bond Assessment Report”). The District further intends to impose additional operation and maintenance assessments on new benefited lands to be constructed within the District as set forth in the District's proposed Fiscal Year 2024/2025 Operation & Maintenance Budget (the “Budget”).
The Engineer's Report, the Bond Assessment Report and the Budget are all on file and available for inspection during normal business hours at the address provided above.
The Bond Assessment Report and Budget identify each benefited and developable parcel within the District and assessments per parcel for each land use category that is currently expected to be assessed. The method of allocating assessments for the Improvements and operation and maintenance thereof to be funded by the District is explained in more detail in the Bond Assessment Report and Budget. Also, as described in more detail in the Bond Assessment Report and Budget, the District's assessments will be levied against all assessable lands within the District. Please consult the Engineers Report, Bond Assessment Report and Budget for more details.
The annual principal assessment for the District Bonds levied against each parcel will be based on repayment over not to exceed thirty (30) years of the total debt allocated to each parcel. The District expects to collect sufficient revenues to retire no more than $4,415,00 in debt to be assessed by the District against the benefitted lands within the District, inclusive of fees and costs of collection or enforcement, and discounts for early payment. The tables below present the proposed schedule of assessments. Amounts are preliminary and subject to change at the hearings and in any future year.
The proposed annual schedule of bond assessments is as follows:
The revised bond 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.
The proposed annual schedule of operations and maintenance assessments is as follows:
The District expects to collect a total of $431,334 in operations and maintenance assessments inclusive of collection costs and early payment discounts.
The annual assessments for the District's bonds and the operations and maintenance assessments will be collected on the Manatee County tax roll by the Tax Collector. Alternatively, the District may choose to directly collect and enforce these assessments. Failure to pay the assessments will cause a tax certificate to be issued against the property which may result in a loss of title. All affected property owners have the right to appear at the public hearing(s) and the right to file written objections with the District within twenty (20) days of the publication of this notice. Written objections may be filed at the District's Records Office, at the address noted above or via e-mail at [email protected]
The Board meeting and hearing(s) 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 hearing(s) may be continued in progress to a date and time certain announced at the meeting and/or hearing(s).
There may be occasions when staff or other individuals may participate by speaker telephone.
If anyone chooses to appeal any decision of the Board with respect to any matter considered at the meeting or hearing(s), 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.
Any person requiring special accommodations at the meeting or hearing(s) because of a disability or physical impairment should contact the District Office at 813-382-7355 at least 48 hours prior to the meeting and/or hearings. If you are hearing or speech impaired, please contact the Florida Relay Service at 1-800-955-8770 for aid in contacting the District office.
RESOLUTION 2024-06
A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE HERITAGE HARBOUR SOUTH COMMUNITY DEVELOPMENT DISTRICT DECLARING REVISED SPECIAL ASSESSMENTS TO SECURE CAPITAL IMPROVEMENT REVENUE REFUNDING BONDS, SERIES 2013; REAFFIRMING THE LOCATION, NATURE AND ESTIMATED COST OF THE IMPROVEMENTS INITIALLY FINANCED, THE COST OF WHICH WILL CONTINUE TO BE DEFRAYED BY THE SPECIAL ASSESSMENTS; PROVIDING THE PORTION OF THE ESTIMATED COST OF THE IMPROVEMENTS 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 MADE; DESIGNATING LANDS UPON WHICH THE SPECIAL ASSESSMENTS SHALL BE LEVIED; PROVIDING FOR AN ASSESSMENT PLAT; PROVIDING FOR PROCEEDINGS IN ACCORDANCE WITH THE APPLICABLE INDENTURES; ADOPTING A PRELIMINARY ASSESSMENT ROLL; PROVIDING FOR PUBLICATION OF THIS RESOLUTION.
WHEREAS, the Heritage Harbour South Community Development District (the “District”) is a local unit of special-purpose government organized and existing in accordance with the Uniform Community Development District Act of 1980, Chapter 190, Florida Statutes, as amended (the “Act”), established by the Board of County Commissioners of Manatee County, Florida; and
WHEREAS, the District was established for the purpose of delivering certain community development services and facilities; and
WHEREAS, on February 6, 2002, the Circuit Court of the Twelfth Judicial Circuit of Florida, in and for Manatee County, Florida, rendered its final judgment (the “Bond Validation”) validating the District's proposed issuance of up to $75,000,000 aggregate principal amount of bonds, the proceeds of which bonds were to be applied to finance certain infrastructure improvements to be undertaken by the District; and
WHEREAS, previously, the District issued its $5,915,000 aggregate principal amount of Capital Improvement Revenue Refunding Bonds, Series 2013A-1 and $665,000 Capital Improvement Revenue Refunding Bonds, Series 2013 A-2 (collectively, the “Series 2013 Bonds”), which were issued in order for the District to refund an earlier series of bonds originally issued to undertake, install, plan, establish, construct or reconstruct, enlarge or extend, equip, acquire, operate and/or maintain certain improvements (the “Improvements”), all as described in the Bond Validation and the District's original Engineer Report, as revised October 22, 2003 (the “Engineer's Report”), which is incorporated herein by this reference and all of which is on file at the District Manager's office (“District Manager's Office”) at Inframark, 313 Campus Street, Celebration, FL 34747; and
WHEREAS, as development of the Improvements and the community has progressed, the owner of the golf course located within the boundaries of the District has sold off property upon which residential villas will be constructed (hereinafter the “Villa Property”); and
WHEREAS, the plan is to remove some of the debt of the Series 2013 Bonds from the golf course owner's remaining lands and assess the Villa Property pursuant to a new Assessment Methodology; and
WHEREAS, the Board of Supervisors of the District (“Board”) has reviewed the new proposed development plan and the application of the District's previously adopted Assessment Methodology Report(s) as well as the proposed Assessment Methodology referenced below to the proposed new development plan; and
WHEREAS, the Board hereby determines it is in the best interest of the District, due to a benefit analysis, to seek to revise the previous Assessment Methodology Report(s) to reflect the addition of application of a bond debt assessment to the Villa Property: and
WHEREAS, the District is empowered by the Act and Chapters 170 and 197, 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 special or non ad valorem assessments; and
WHEREAS, the District hereby determines that benefits have and will continue to accrue to the land within the District, and that special assessments will be made in proportion to the benefits received as set forth in the Third Supplemental Assessment Methodology Report, as it may be amended (the “2024 Methodology”), which is attached hereto as Exhibit A and incorporated herein by reference and is on file at the District Manager's Office.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE HERITAGE HARBOUR SOUTH COMMUNITY DEVELOPMENT DISTRICT:
1. Assessments shall continue to be levied to defray the cost of the Improvements constructed by the District.
2. The nature and general location of and plans and specifications for the Improvements as described in the Engineer's Report are incorporated herein by reference and are on file at the District Manager's Office.
3. The estimated cost of the Improvements as re-financed by the Series 2013 Bonds was $5,897,500 (hereinafter referred to as the “District Construction Cost”).
4. The revised Assessments (“2024 Assessments”) will continue to secure the Series 2013 Bonds.
5. The manner in which the 2024 Assessments are contemplated to be apportioned and paid is set forth in the 2024 Methodology, attached hereto as Exhibit A.
6. The 2024 Assessments shall be levied, within the District, on all lots and lands adjoining and contiguous or bounding and abutting upon such improvements or specially and peculiarly benefited thereby and further designated by the assessment plat hereinafter provided for and on file.
7. There is on file, at the District Manager's Office an assessment plat showing the area to be assessed, with certain plans and specifications describing the cost of the Improvements, all of which shall be open to inspection by the public.
8. The 2024 Assessments shall be paid in not more than thirty (30) annual installments. The 2024 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 method of levying and collecting non ad-valorem assessments for the 2024 Assessments is not available to the District in any year, or if determined by the District to be in its best interest, the 2024 Assessments may be collected as is otherwise permitted by law.
9. The District Manager has caused to be made a preliminary assessment roll, incorporated herein by this reference, in accordance with the method of assessment described in the 2024 Methodology, 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 is hereby adopted and approved as the District's preliminary assessment roll, which roll was prepared in accordance with the 2024 Methodology.
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 2024 Assessments, the cost thereof, the manner of payment therefore, or the amount thereof to be assessed against each property as improved.
11. The 2024 Assessments and all the proceedings relating thereto once completed, to the extent of any overlap, will supplement and/or replace and supersede the assessment proceedings previously enacted and related to the Series 2013 Bonds.
13. 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 Manatee County, Florida, and to provide such other notice as may be required by law or desired in the best interests of the District.
14. This Resolution shall become effective upon its passage.
PASSED AND ADOPTED this 4th day of JUNE, 2024.
ATTEST: HERITAGE HARBOUR SOUTH COMMUNITY DEVELOPMENT DISTRICT
Kristee Cole Phil Frankel
Secretary/Assistant Secretary Chair, Board of Supervisors
July 19, 26, 2024 24-01096M