1/25/2019
Foreclosure Sales - Miscellaneous
Click here to view this notice: http://www.floridapublicnotices.com/ads/34/8352934.pdf
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Business Observer
1/25/2019
Foreclosure Sales - Miscellaneous
NOTICE AND ORDER TO
SHOW CAUSE
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: 2018-CA-6654-NC
WEST VILLAGES
IMPROVEMENT DISTRICT, a local unit of special-purpose government
organized and existing under the laws of the State of Florida,
Plaintiff, v. THE STATE OF FLORIDA, AND THE TAXPAYERS, PROPERTY OWNERS AND CITIZENS OF WEST VILLAGES IMPROVEMENT 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 WEST VILLAGES IMPROVEMENT 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 WEST VILLAGES IMPROVEMENT DISTRICT SPECIAL ASSESSMENT REVENUE BONDS (UNIT OF DEVELOPMENT NO. 7), OR TO BE AFFECTED THEREBY:
The above cause comes to be heard upon the Complaint filed herein by the West Villages Improvement District in the County of Sarasota, State of Florida, seeking to determine the authority of said District to issue its West Villages Improvement District Special Assessment Revenue Bonds (Unit of Development No. 7), (the Bonds) in an aggregate amount not to exceed $174,000,000 to determine the legality of the proceedings had and taken in connection therewith, and the legality of the provisions, covenants and agreements therein contained, and seeking a judgment of this Court that: (a) Unit of Development No. 7 of the District, and the District itself, have been validly established; (b) the District has power to plan, finance, acquire, construct, reconstruct, equip and install, in one or more stages, the Plan of Improvements; (c) the District has the power to issue the Bonds and to incur the bonded debt as set forth in this Complaint, and to levy, impose, and collect the Special Assessments; (d) the improvements comprising the Plan of Improvements serve a valid public purpose; (e) the District has properly approved the issuance of the Bonds and the levy, imposition, and collection of the Special Assessments; (f) the Bonds, when issued by the District, the Indenture, and the Bond Resolution, and all of the proceedings attendant to all of the foregoing, are valid and in conformity with law; (g) the Special Assessments, when imposed by the District pledged for the payment of the principal and the interest on the Bonds pursuant to the Indenture, and all of the proceedings attendant to all of the foregoing, will be valid and binding liens of the District and in conformity with law; (h) upon due issuance of the Bonds in conformance with the Bond Resolution and the Indenture, the Bonds will constitute valid and binding obligations of the District and will be enforceable by their terms as established by the Bond Resolution and the Indenture; and (i) this Court grant such other relief as is just and appropriate.
The aforesaid Complaint having been presented to this Court, and this 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, and others having or claiming any rights, title or interest in property to be affected by the issuance of the Bonds or to be affected thereby, and the State of Florida, through the State Attorney of the Twelfth Judicial Circuit, in and for Sarasota County, Florida, appear on the 25th day of February, 2019, at the hour of 11:00 a.m. of said day, before Judge Andrea McHugh at the Judge Lynn N. Silvertooth Judicial Center, Courtroom 6C, 2002 Ringling Boulevard, Sarasota, Florida 34237, County of Sarasota in said Circuit, and show cause, if any there be, why the prayers of said Complaint for the validation of the Bonds should not be granted and the Bonds, the proceedings therefore, and other matters set forth in said Complaint, should not be validated as prayed for in said Complaint.
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 and of general circulation in Sarasota County, being the County wherein said Complaint for validation is filed, at least 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.
IT IS FURTHER ORDERED that by such publication of this Notice and Order, the State of Florida, and the several taxpayers, property owners and citizens of the 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 or to be affected thereby, shall be and are made party defendants to this proceeding, and that this Court shall have jurisdiction of them to the same extent as if specifically and personally named as defendants in said Complaint and personally served with process in this cause.
DONE AND ORDERED at the Courthouse in Sarasota County, Florida, this 22 day of January, 2019.
Hon. Andrea McHugh
Circuit Court Judge
Jan. 25; Feb. 1, 2019 19-00261S
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