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NOTICE OF PUBLIC HEARING TO CONSIDER IMPOSITION OF SPECIAL ASSESSMENTS PURSUANT TO SECTION 170.07, FLORIDA STATUTES,
BY THE BABCOCK RANCH
COMMUNITY INDEPENDENT SPECIAL DISTRICT
NOTICE OF PUBLIC HEARING TO CONSIDER ADOPTION OF
ASSESSMENT ROLL PURSUANT TO SECTION 197.3632(4)(b),
FLORIDA STATUTES, BY THE
BABCOCK RANCH COMMUNITY INDEPENDENT SPECIAL DISTRICT
NOTICE OF REGULAR MEETING OF THE BABCOCK RANCH
COMMUNITY INDEPENDENT SPECIAL DISTRICT
The Governing Board (“Board”) of the Babcock Ranch Community Independent Special District (“District”) will hold public hearings on June 28, 2024 at 1:00 P.M., at Babcock Ranch Field House Cafeteria, 43281 Cypress Parkway, Babcock Ranch, Florida 33982, to consider the adoption of an assessment roll, the imposition of special assessments to secure proposed bonds on benefited lands within the Webb's Reserve area of the District, a depiction of which lands is shown below, and to provide for the levy, collection and enforcement of the special assessments. The Webb's Reserve is a portion of a master development phase of the District known as “Phase VII.”
The District is located entirely within unincorporated Charlotte and Lee Counties, Florida. The Webb's Reserve lands to be improved are located north of the Charlotte/Lee County line and east of State Road 31 in Charlotte County, Florida. The District and the area to be assessed is geographically depicted below (that portion of the map identified as Webb's Reserve) and in the District's Engineer's Report for Phase VII - Project Area: Charlotte County - Midtown - Parcel 1,2,3, and 4; Charlotte County - Lee County Parcel 3; Charlotte County - Webb's Reserve; Lee County - Lee County Parcel 1, 2, and 3) and Supplement to Phase VI Project Area (Lee County - DiVosta Parcel - Phase 2 and Charlotte County - Tuckers Cove Phase 1C & 1D), dated May 2024, prepared by Kimley-Horn & Associates (“Capital Improvement Plan”). The public hearing is being conducted pursuant to Chapters 170, 189 and 197, Florida Statutes, and Chapter 2007-306, Laws of Florida, as amended. 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 c/o Wrathell, Hunt and Associates, LLC, 2300 Glades Road, Suite 410W, Boca Raton, Florida 33410 (“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 for the Webb's Reserve (“Improvements”) are currently expected to include, but are not limited to, earthwork, offsite improvements, master stormwater management facilities and landscaping and other infrastructure, all as more specifically described in the Capital Improvement Plan, on file and available during normal business hours at the District Manager's Office. According to the Capital Improvement Plan, the estimated cost of the Improvements for the Webb's Reserve is $24,096,000.
The District intends to impose assessments on benefited lands within the Webb's Reserve in the manner set forth in the District's Master Special Assessment Methodology Report for Phase VII and Supplement to Master Special Assessment Methodology Report for Phase VI for the Tucker's Cove, former Trabue, and DiVosta Parcels dated May 29, 2024, and prepared by Wrathell, Hunt and Associates, LLC (“Assessment Report”), which is 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 respective benefitted lands within the District. The Assessment Report identifies maximum assessment amounts for each assessment area and land use category that is currently expected to be assessed. The lien for assessments is proposed to be allocated to each parcel within Phase VII of the District based on the development plan associated with (rather than gross acreage) as the land within each parcel (each parcel constituting an assessment area) of Phase VII is anticipated to be and/or has been sold in bulk prior to platting. Consequently, assessments for each assessment area within Phase VII will initially be allocated based on each respective assessment area's gross acreage as described in the Assessment Report, and will be levied on an equivalent residential unit (“ERU”) basis at the time that such property is platted or subject to a site plan or sold.
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 assess and collect sufficient revenues to retire no more than $31,206,635.17 in debt allocated to the Webb's Reserve, exclusive of fees and costs of collection or enforcement, discounts for early payment and interest. The proposed annual schedule of assessments is as follows:
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. 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.
Also, June 28, 2024 at 1:00 P.M., at Babcock Ranch Field House Cafeteria, 43281 Cypress Parkway, Babcock Ranch, Florida 33982, 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 special districts. The Board meeting and/or the public hearings may be continued in progress to a certain date and time announced at such 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.
Any person requiring special accommodations at the meeting or hearings because of a disability or physical impairment should contact the District Manager's Office at least 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.
BABCOCK RANCH COMMUNITY INDEPENDENT SPECIAL DISTRICT
RESOLUTION 2024-64
[WEBB'S RESERVE]
A RESOLUTION OF THE GOVERNING BOARD OF THE BABCOCK RANCH COMMUNITY INDEPENDENT SPECIAL DISTRICT 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 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 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 Governing Board (the “Board”) of the Babcock Ranch Community Independent Special District (the “District”) hereby determines to undertake, install, plan, establish, construct or reconstruct, enlarge or extend, equip, acquire, operate, and/or maintain the infrastructure improvements for the property known as Webb's Reserve (the “Improvements”) and described in the District's [Engineer's Report - Phase VII Project Area dated May 2024], attached hereto as Exhibit A and incorporated herein by reference; and
WHEREAS, it is in the best interest of the District to pay all or a portion of the cost to finance the Improvements by special assessments pursuant to Chapter 2007-306, Laws of Florida, as amended (the “Assessments”); and
WHEREAS, the District is empowered by Chapter 2007-306, Laws of Florida, as amended, and other applicable law referenced therein, 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 [Master Special Assessment Methodology Report for Phase VII dated May 29, 2024], attached hereto as Exhibit B and incorporated herein by reference and on file at 2300 Glades Road, Suite 410W, Boca Raton, Florida 33431 (the “District Records Office”) and 42891 Lake Babcock Drive, Room 211, Babcock Ranch, Florida 33982 (the “District Local Records Office”); and
WHEREAS, the District hereby determines that the Assessments to be levied will not exceed the benefit to the property improved.
NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BOARD OF THE BABCOCK RANCH COMMUNITY INDEPENDENT SPECIAL DISTRICT:
1. Recitals stated above are true and correct and by this reference are incorporated into and form a material part of this Resolution.
2. Assessments shall be levied to defray all or a portion of the cost of the Improvements.
3. 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 and District Local Records Office. Exhibit B is also on file and available for public inspection at the same locations.
4. The total estimated cost of the Improvements is $24,096,000 (the “Estimated Cost”).
5. The Assessments will defray approximately $31,206,635.17, which includes the Estimated Cost, plus financing-related costs, capitalized interest, debt service reserve and contingency.
6. The manner in which the Assessments shall be apportioned and paid is set forth in Exhibit B, including provisions for supplemental assessment resolutions.
7. 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.
8. 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.
9. Commencing with the year in which the Assessments are levied and confirmed, the Assessments shall be paid in not more than thirty (30) 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 and Chapter 2007-306, Laws of Florida, as amended; 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.
10. 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.
11. 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.
12. 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 Charlotte County and Lee County and to provide such other notice as may be required by law or desired in the best interests of the District.
13. This Resolution shall become effective upon its passage.
PASSED AND ADOPTED this 29th day of May, 2024, as continued from 23rd day of May, 2024.
ATTEST: BABCOCK RANCH COMMUNITY
INDEPENDENT SPECIAL DISTRICT
/s/ Cindy Cerbone /s/ Bill Moore
Secretary/Assistant Secretary Chairman/Vice Chairman
Exhibit A: [Engineer's Report - Phase VII Project Area dated May 2024]
Exhibit B: [Master Special Assessment Methodology Report for Phase VII dated May 29, 2024]
June 7, 14, 2024 24-00538T