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SECOND AMENDED NOTICE AND ORDER TO SHOW CAUSE WHY SAID BONDS
SHOULD NOT BE VALIDATED AND CONFIRMED
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
OF THE STATE OF FLORIDA, IN AND FOR LEE COUNTY, FLORIDA
GENERAL CIVIL DIVISION
CASE NO.: 24-CA-007791
DIVISION: CIVIL
IBIS LANDING COMMUNITY
DEVELOPMENT DISTRICT, a local unit of special-purpose government organized and existing under the laws of the State of Florida,
Plaintiff, vs.
THE STATE OF FLORIDA, AND THE TAXPAYERS, PROPERTY OWNERS AND CITIZENS OF IBIS LANDING 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,
Defendants.
TO THE STATE OF FLORIDA, AND THE TAXPAYERS, PROPERTY OWNERS AND CITIZENS OF IBIS LANDING COMMUNITY DEVELOPMENT DISTRICT, INCLUDING NON-RESIDENTS OWNING PROPERTY OR SUBJECT TO TAXATION THEREIN AND OTHERS HAVING OR CLAIMING ANY RIGHT, TITLE OR INTEREST IN PROPERTY TO BE AFFECTED BY THE ISSUANCE OF THE IBIS LANDING COMMUNITY DEVELOPMENT DISTRICT SPECIAL ASSESSMENT BONDS OR TO BE AFFECTED IN ANY WAY THEREBY:
Ibis Landing Community Development District (the “District”) having filed its Complaint for Bond Validation of not to exceed $20,000,000.00 principal amount of Ibis Landing Community Development District Special Assessment Bonds, in one or more series (the “Bonds”), and it appearing in and from said Complaint and the Exhibits attached thereto that the District has adopted a resolution authorizing the issuance of the Bonds for the purpose of providing funds, together with other available funds, for paying the costs of acquiring, constructing and equipping certain capital projects (as defined in said Complaint), and it also appearing that all of the facts required to be stated by said Complaint and Exhibits by Chapter 75 of the Florida Statutes are contained therein, and that the District 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 that all taxpayers, property owners and citizens of the District, including non-residents owning property or subject to taxation therein and others having or claiming any right, title or interest in property to be affected by the issuance of the Ibis Landing Community Development District Special Assessment Bonds or to be affected in any way thereby, and the State of Florida, through the State Attorney of the Twentieth Judicial Circuit, in and for Lee County, Florida, appear on the 14th day of April, 2025, at the hour of 10:00 a.m.., and show cause why the prayers of the Complaint for the validation of the Bonds should not be granted and the Bonds, the proceedings therefor, and other matters set forth in said Complaint, should not be validated as prayed in said Complaint. Fifteen (15) minutes have been set aside to consider this matter on said date and time before Judge Rachel Loukonen (JACS confirmation number 973616). The hearing will be conducted via Zoom videoconferencing technology which may be accessed, without charge to the participant using the following information:
The Zoom link is https://zoom.us/join. The Zoom Meeting ID is 983 397 1054.
Below please find the Zoom meeting information for the Hearing scheduled before Judge Rachael Loukonen:
If you do not have a computer or smartphone, you will still be able to participate in the hearing by calling in using a telephone. Please note that there is a distinct numeric password for telephonic appearance.
If you are using a computer, smartphone, or tablet, you need to be sure that you have enabled the microphone, camera (if desired), and speaker prior to joining the meeting. The use of a camera is not required to participate, but is an available option and will permit the Judge to administer an oath to a person wishing to testify who she can see, hear, and positively identify. In such event, please have a form of identification available to produce by displaying to the camera. Please note that sometimes hearings run longer than scheduled and we may not start exactly at the designated time. You will remain in the waiting room until your case is called.
Two ways you may appear are as follows:
1. Use the following information to join a Zoom Meeting from an electronic device (computer, smartphone, or tablet with working microphone and speaker(s) and an optional camera), and joining with audio at:
Enter this Meeting ID on the Zoom website/app: Meeting ID: 983 397 1054
Note: If you have not used the Zoom app before, please ensure the Zoom app is installed on your
electronic device prior to the hearing to avoid delay.
If your electronic device does not have a working microphone/speaker(s), you may also join with audio by following the prompts to dial in by telephone.
Or
2. Use a telephone for audio only, by following the prompts when you call:
Dial by your location
+1 786 635 1003 US (Miami)
+1 312 626 6799 US (Chicago)
+1 470 250 9358 US (Atlanta)
+1 470 381 2552 US (Atlanta)
+1 646 518 9805 US (New York)
+1 646 558 8656 US (New York)
+1 651 372 8299 US (St. Paul)
+1 267 831 0333 US (Philadelphia)
+1 301 715 8592 US (Germantown)
+1 346 248 7799 US (Houston)
+1 602 753 0140 US (Phoenix)
+1 669 219 2599 US (San Jose)
+1 669 900 9128 US (San Jose)
+1 720 928 9299 US (Denver)
+1 971 247 1195 US (Portland)
+1 213 338 8477 US (Los Angeles)
+1 253 215 8782 US (Tacoma)
Meeting ID: 983 397 1054
Find your local number: https://zoom.us/u/ac5DyvC8vz
If you connect before the hearing is ready to begin, you may patiently wait in the waiting room to be brought into the hearing, as other hearings are being conducted.
Once in the hearing, REMEMBER YOU ARE IN COURT. DO NOT SPEAK “OVER” OTHERS
AND MAINTAIN APPROPRIATE DECORUM.
If you have exhibits that you wish to introduce into evidence, THEY SHOULD BE FILED ELECTRONICALLY OR BY MAIL WITH THE CLERK OF COURT FAR IN ADVANCE OF
THE HEARING, with sufficient time to be entered into the viewable Court file.
IT IS FURTHER ORDERED that prior to the date set for the hearing on said Complaint for validation, the Clerk of this Court shall cause a copy of this Notice and Order to be published in a newspaper published for general circulation in Lee County, being the County wherein said Complaint for validation is filed, 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.
DONE AND ORDERED in Chambers at Fort Myers, Lee County, Florida.
Rachael S. Loukonen,
Circuit Court Judge
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24-CA-007791 03/12/2025 10:09:51
Electronic Service List:
Gregory L. Urbancic
Meagan E. Magaldi, Esq.
Kristen Boothroyd
Lee eFile Account
Meagan Elizabeth Magaldi
JoAnn N Biddle
Tyler Patrick Lovejoy
March 14, 21, 2025 25-01094L