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Order to Show Cause Revenue Bonds GMD Undgergrounding Project
Posted Date:
2/2/2016
Case No. 2016-CA-2222 NC Validation of the Not to Exceed $25,250,000 Special Assessment Revenue Bonds, Series 2016 (Gulf of Mexico Drive Undergrounding Project

 

TOWN OF LONGBOAT KEY, FLORIDA, a municipal corporation of the State of Florida,

 

            Plaintiff,

 

vs.

 

STATE OF FLORIDA, and the Taxpayers, Property Owners and Citizens of the Town of Longboat Key, 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.

_____________________________________/

 




















IN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT OF THE STATE OF FLORIDA, IN AND FOR SARASOTA COUNTY, FLORIDA,

GENERAL CIVIL DIVISION

 

CASE NO.: 2016-CA-222 NC

 

VALIDATION OF THE NOT TO EXCEED $25,250,000 SPECIAL ASSESSMENT REVENUE BONDS, SERIES 2016 (GULF OF MEXICO DRIVE UNDERGROUNDING PROJECT)

 

                                                     ORDER TO SHOW CAUSE

 

TO THE STATE OF FLORIDA, AND THE TAXPAYERS, PROPERTY OWNERS AND  CITIZENS OF THE TOWN OF LONGBOAT KEY, FLORIDA, INCLUDING NON-RESIDENTS OWNING PROPERTY OR SUBJECT TO TAXATION THEREIN, AND OTHERS 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 Town of Longboat Key, Florida (the "Town") having filed its Complaint for Validation of its not to exceed $25,250,000 Special Assessment Revenue Bonds, Series 2016 (Gulf of Mexico Drive Undergrounding Project) (the "Bonds"), and thereby seeking validation of its authority to incur indebtedness for purposes of financing the design, demolition, acquisition, equipping and construction of capital improvements associated with the undergrounding of electrical, communications, fiber optics, and other utilities and installation of street lighting relating to Gulf of Mexico Drive (the "Project"), and the related imposition of special assessments which will be pledged to the payment thereof together with other legally available non-ad valorem revenues of the Town, and it appearing in and from said Complaint and the exhibits attached thereto that the Town has adopted its Resolution 2016-01 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 Town 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 Twelfth Judicial Circuit of the State of Florida, and the Taxpayers, Property Owners and Citizens of the Town of Longboat Key, 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 24th day of March, 2016, at 10:00 A.M. before the Honorable Judge Rochelle Curley at Courtroom 7(C), located at the Judge Lynn N. Silvertooth Judicial Center, 2002 Ringling Blvd., Sarasota, FL 34230, 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, the imposition of the special assessments, the pledge of the special assessments and other legally available non-ad valorem revenues of the Town to the payment of the Bonds, and other matters set forth in said Complaint should not be validated and confirmed as therein prayed.

            IT IS FURTHER ORDERED AND ADJUDGED that this Order to Show Cause shall be published in the manner required by Section 75.06, Florida Statutes, in the Sarasota Herald Tribune, a newspaper of general circulation in Sarasota County published in Sarasota, Florida, and the Bradenton Herald, a newspaper of general circulation in Manatee County published in Bradenton, Florida.

AND IT IS FURTHER ORDERED AND ADJUDGED that, by such publication of this Order, all the Taxpayers, Property Owners and Citizens of the Town of Longboat Key, 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. Upon the final hearing of this cause, a final judgment of the Court be entered validating and confirming the authority of the Town to issue the Bonds, to impose special assessments against the real property located within the Town which is specially benefited by the Project, to pledge the special assessments and other legally available non-ad valorem revenues of the Town to the payment of the Bonds, and the legality of all covenants and proceedings in connection therewith,

            DONE AND ORDERED at Sarasota, Sarasota County, Florida, this 26th day of January, 2016.

                                                                                    Judge Rochelle Curley

 

 
 
Town of Longboat Key    -    501 Bay Isles Road Longboat Key, FL 34228    -    Phone: (941) 316-1999 Fax: (941) 316-1656
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