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NOTICE AND ORDER TO SHOW CAUSE
IN THE CIRCUIT COURT OF THE
TWENTIETH JUDICIAL CIRCUIT, IN AND FOR LEE COUNTY, FLORIDA
CIVIL ACTION NO: 2024-CA-7747
VALIDATION OF THE NOT TO
EXCEED $75,000,000 CITY OF FORT MYERS, FLORIDA GENERAL OBLIGATION BONDS, SERIES 2025
CITY OF FORT MYERS, FLORIDA, a municipal corporation and public body corporate and politic of the State of Florida,
Plaintiff, vs.
STATE OF FLORIDA, and the Taxpayers, Property Owners and Citizens thereof and of the City of Fort Myers, Florida, including non-residents owning property or subject to taxation therein, and all others having or claiming any right, title or interest in property to be affected by the issuance of the Bonds herein described, or to be affected in any way thereby,
Defendants.
TO THE STATE OF FLORIDA, AND THE TAXPAYERS, PROPERTY OWNERS AND CITIZENS OF THE CITY OF FORT MYERS, FLORIDA, INCLUDING NON-RESIDENTS OWNING PROPERTY OR SUBJECT TO TAXATION THEREIN, AND ALL OTHERS HAVING OR CLAIMING ANY RIGHT, 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 City of Fort Myers, Florida (the “City”), having filed its Complaint for Validation of its not to exceed $75,000,000 City of Fort Myers, Florida General Obligation Bonds, Series 2025 (a more particular description of the Bonds being contained in the Complaint) and thereby seeking validation of its authority to incur indebtedness, the revenues pledged to the payment thereof, and the legality and validity of proceedings in connection therewith, as more particularly set forth in the Complaint, and it appearing in and from said Complaint and the exhibits attached thereto that the City has adopted a resolution authorizing the issuance of the Bonds and it also appearing that all of the facts required by Chapter 75 of the Florida Statutes to be stated by said Complaint and exhibits are contained therein, and that the City prays that this Court issue an order as directed by said Chapter 75, and the Court being fully advised in the premises:
NOW, THEREFORE, IT IS ORDERED AND ADJUDGED that the State of Florida, through the State Attorney for the Twentieth Judicial Circuit of the State of Florida, and the taxpayers, property owners and citizens of the City of Fort Myers, Florida, including non-residents owning property or subject to taxation therein, and all others having or claiming any right, title, or interest in property to be affected by the issuance of the Bonds herein described or to be affected in any way thereby, appear on the 3rd day of March, 2025, at 11:00 a.m., before the Honorable Judge Kyle Cohen via the meeting instructions below and show cause, if any there be, why the prayers of the Complaint for Validation should not be granted and the legality of all proceedings in connection with issuance of the Bonds and other matters set forth in said Complaint should not be validated and confirmed as therein prayed.
The hearing in this matter will be conducted using the Zoom platform (www.zoom.us). There are no fees for attending this court hearing via the Zoom platform. At the designated hearing time, anyone interested in this bond validation proceedings may appear through Zoom at the following internet address https://zoom.us/j/8966003281 or by going to www.zoom.us and selecting the “Join” option, then entering Meeting ID: 896 600 3281.
IT IS FURTHER ORDERED AND ADJUDGED that this Notice and Order to Show Cause shall be published in the manner required by Section 75.06, Florida Statutes, in a newspaper of general circulation in Lee County, Florida.
AND IT IS FURTHER ORDERED AND ADJUDGED that, by such publication of this Order, all the taxpayers, property owners and citizens of the City of Fort Myers, Florida, including non-residents owning property or subject to taxation therein, and all others having or claiming any right, title or interest in property to be affected by the issuance of the Bonds herein described or to be affected in any way thereby, be and they are made parties defendant to this proceeding, and that this Court shall have jurisdiction of them to the same extent as if named as defendants in said Complaint and personally served with process in this cause.
If you are a person with a disability who needs any accommodation in order to participate in a court proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact Brooke Dean, Operations Division Manager for the 20th Judicial Circuit whose office is located at the Lee City Justice Center, 1700 Monroe St., Fort Myers, FL 33901, and whose telephone number is (239) 533-1771, 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.
DONE AND ORDERED in Chambers at Fort Myers, Lee County, Florida.
Kyle S. Cohen, Circuit Court Judge
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24-CA-007747
01/03/2025 10:52:29
January 17, 24, 2025 25-00235L