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NOTICE AND ORDER TO SHOW CAUSE


Posted

IN THE CIRCUIT COURT, FOURTH
JUDICIAL CIRCUIT, IN AND FOR
CLAY COUNTY, FLORIDA
CASE NO.:
10-2024-CA-000490-CAAXXY
VALIDATION OF NOT TO EXCEED $174,000,000 PRINCIPAL AMOUNT OF ROOKERY COMMUNITY DEVELOPMENT DISTRICT CAPITAL IMPROVEMENT REVENUE BONDS
ROOKERY COMMUNITY DEVELOPMENT DISTRICT, an independent special district organized and existing under and by virtue of the laws of the State of Florida,
Plaintiff,
vs.
STATE OF FLORIDA, and the Taxpayers, Property Owners and Citizens of the Rookery Community Development District 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 described herein, or to be affected in any way thereby,
Defendants.
TO THE STATE OF FLORIDA, AND THE TAXPAYERS, PROPERTY OWNERS AND CITIZENS OF ROOKERY COMMUNITY DEVELOPMENT DISTRICT, 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 DESCRIBED HEREIN, OR TO BE AFFECTED IN ANY WAY THEREBY:
Rookery Community Development District (the “District”) having filed its Complaint for Validation of not to exceed $174,000,000 Rookery Community Development District Capital Improvement Revenue Bonds, in one or more series (the “Bonds”) and the special assessments levied securing such Bonds pursuant to Chapters 170, 190, and 197, Florida Statutes (the “Special Assessments”), 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 planning, financing, acquiring, constructing, reconstructing, equipping and installing improvements as part of its Project (as defined in said Complaint), and it also appearing that all of the facts required to be stated by said Complaint and the Exhibits by Chapter 75, 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, and others having or claiming any rights, title or interest in property to be affected by the issuance of the Bonds and levy of Special Assessments, or to be affected in any way thereby, and the State of Florida, through the State Attorney of the Fourth Judicial Circuit, in and for Clay County, Florida (the “Parties”), appear on July 29, 2024, at 2:45 p.m. before the Honorable Steven B. Whittington via Zoom Application (invitation below), 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. The parties and public may access the hearing via their computer at the following ZOOM link:
https://zoom.us/j/2988523044
Meeting ID: 298 852 3044
Passcode: No Passcode Required
IT IS FURTHER ORDERED that prior to the date set for the hearing on said Complaint for validation, the Plaintiff, on behalf of the Clerk of this Court, shall cause a copy of this Notice and Order to be published in a newspaper published and of generally circulation in Clay 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 and levy of Special Assessments, or to be affected in any way 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 in Green Cove Springs, Clay County, Florida on June 6, 2024.
STEVEN B. WHITTINGTON, CIRCUIT JUDGE
KATIE S BUCHANAN
Katie.Buchanan@KutakRock.com
Kyle Magee
kyle.magee@kutakrock.com
Jennifer.Gillis@KutakRock.com
Gabe.McKee@KutakRock.com
Sheila Loizos sloizos@coj.net
SAO4duvalcappeal@coj.net
Legal 112933 Published 7/4/2024 and 7/11/2024 in Clay County's Clay Today newspaper