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NOTICE AND ORDER TO SHOW CAUSE


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IN THE CIRCUIT COURT OF THE FOURTH JUDICIAL CIRCUIT OF FLORIDA, IN AND FOR CLAY COUNTY
GENERAL CIVIL DIVISION B
CASE NO: 2023CA000937
LAKES AT BELLA LAGO COMMUNITY DEVELOPMENT 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 LAKES AT BELLA LAGO 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 AND LEVY OF ASSESSMENTS HEREIN DESCRIBED, OR TO BE AFFECTED IN ANY WAY THEREBY,
Defendants.
TO THE STATE OF FLORIDA, AND THE TAXPAYERS, PROPERTY OWNERS AND CITIZENS OF LAKES AT BELLA LAGO 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 LAKES AT BELLA LAGO COMMUNITY DEVELOPMENT DISTRICT SPECIAL ASSESSMENT REVENUE BONDS, OR TO BE AFFECTED THEREBY:
The above cause comes to be heard upon the Complaint filed herein by the District in the County of Clay, State of Florida, seeking to determine the authority of said District to issue its Lakes at Bella Lago Community Development District Special Assessment Revenue Bonds (“Bonds”) in an aggregate amount not to exceed $54,320,000, to determine the legality of the proceedings had and taken in connection therewith, including the levy and imposition of non-ad valorem special assessments (“Assessments”) to pay debt service on the Bonds, and seeking a judgment of this Court that: (a) the District has been validly established and lawfully exists as a local unit of special purpose government; has the power to finance, fund, plan, establish, acquire, construct or reconstruct, enlarge or extend, equip, operate, and maintain and otherwise undertake the Capital Improvement Plan, and to issue the Bonds, to levy, impose, and collect the Assessments, and has properly approved the issuance of the Bonds and the levy and imposition of Assessments; (b) the Bonds, Assessments, and all of the proceedings attendant thereto are valid and in conformity with law, and the Assessments constitute a first lien on the property in the District against which they are assessed; (c) the Assessments are supported by sufficient benefit and are fairly and reasonably allocated consistent with Florida law; (d) the District has duly authorized the execution and delivery of the Master Indenture and the execution and delivery from time to time of indentures supplemental thereto, and the Bonds will constitute valid and binding obligations of the District, and will be enforceable by their terms; (e) the District has the power to plan, finance, acquire, construct, reconstruct, equip and install, in one or more stages, the Capital Improvement Plan; (f) the Capital Improvement Plan will serve a valid public purpose; and (g) the members of the District’s Board of Supervisors have been duly and validly elected.
The aforesaid Complaint having been presented to this Court, and this Court being fully advised in the premises, this Court hereby issues this Notice and Order to Show Cause:
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 Fourth Judicial Circuit, in and for Clay County, Florida, appear on the 1st day of June, 2023 at the hour of 11:15 a.m. of said day for 15 minutes, before the Honorable Don H. Lester, via Zoom (information below), this hearing shall be conducted by video conference, 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, the Assessments 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 https://zoom.us.join and enter Meeting ID Code 779 311 0365.
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 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 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 Clay County, Florida, this 13th day of April, 2023.
The Honorable Don H. Lester
Circuit Court Judge

Copies furnished to: Sheila Ann Loizos, Esq. sloizos@coj.net Jennifer Kilinski, Esq. Jennifer@cddlawyers.com George Smith, Esq. george@georgesmithlaw.com

Legal 65641 Published 4/20/2023 and 4/27/2023 in Clay County's Clay Today newspaper