Tuesday, January 12, 2021

RIVER GLEN COMMUNITY DEVELOPMENT DISTRICT
NOTICE OF PUBLIC HEARINGS TO CONSIDER IMPOSITION OF SPECIAL ASSESSMENTS PURSUANT TO SECTION 170.07, FLORIDA STATUTES,
TO CONSIDER ADOPTION OF ASSESSMENT ROLLS PURSUANT TO SECTION 197.3632(4)(b), FLORIDA STATUTES, AND NOTICE OF REGULAR MEETING
The River Glen Community Development District (“District”) intends to levy special assessments to (i) pay the bonds issued by the District for the refunding of its 2006 Capital Improvement Revenue Bonds (“Series 2006 Bonds”), (ii) for the funding of certain capital improvements, repairs, enhancements, and/or additions to District infrastructure improvements, including but not limited to existing amenity improvements, and (iii) for the funding of certain master infrastructure improvements necessary to support residential development of Phases 2 – 5 of the District.
The Board of Supervisors (“Board”) of the District will hold public hearings on Thursday, February 18, 2021 at 1:30 p.m. at the River Glen Amenity Center, 65084 River Glen Parkway, Yulee, Florida 32097, to consider the imposition of special assessments to secure proposed bonds on benefited lands within the District and to provide for the levy, collection and enforcement of the special assessments. The streets and areas to be improved are geographically depicted below and in the District’s Master Engineer’s Report, dated June 8, 2006, as supplemented by the Supplemental Engineer’s Report, Series 2020 Projects, dated November 17, 2020 (together, the “Capital Improvement Plan”). The public hearings are being conducted pursuant to Chapters 170, 190 and 197, Florida Statutes. A description of the property to be assessed and the amount to be assessed to each piece or parcel of property may be ascertained at the office of the District’s Manager located at 2806 North Fifth Street, Unit 403, St. Augustine, Florida 32084, (904) 436-6270 (“District Manager’s Office”).
In general, the District’s proposed bonds consist of two components: (i) an estimated par amount of $2,930,000.00 in bonds to refund the Series 2006 Bonds at a lower interest rate and generate proceeds to fund capital improvements, repairs, enhancements and/or additions to the District’s existing infrastructure (“Refunding Improvements”) and to be secured by assessments levied on benefitted properties within Phase 1 (“Refunding Bonds”) and (ii) an estimated par amount of $24,490,000 in bonds to fund master infrastructure improvements necessary to support residential development of Phases 2 – 5, including but not limited to, roadways, stormwater management facilities, landscaping and hardscaping, utilities, and recreational improvements (“Remaining CIP Improvements”), and to be secured by assessments levied on benefitted properties in such Phases 2 – 5 (“New Money Bonds”). According to the Capital Improvement Plan, the estimated cost of the Refunding Improvements is $921,360, and the estimated cost of the Remaining CIP Improvements is $18,024,227. All improvements are described more fully in the Capital Improvement Plan (defined above) copies of which are available at the District Manager’s Office.
The District plans to levy special assessments to (i) secure repayment of the Refunding Bonds, and (ii) secure repayment of the New Repayment Bonds. The manner in which the District proposes to consider the levy of the respective assessments described above is more fully described in the District’s Preliminary Supplemental Assessment Allocation Report, Capital Improvement Revenue Bonds, Series 2020 – Refunding Improvements, dated December 17, 2020, for the Refunding Bonds, and the District’s Preliminary Master Special Assessment Allocation Report, Remaining CIP Improvements, dated December 17, 2020, for the New Money Bonds, respectively, both of which were prepared by Rizzetta & Company, Inc., and on file in and available upon contacting the District Manager’s Office.
The purpose of any such special assessment is to secure the bonds issued to fund the improvements composing the Capital Improvement Plan. As described in more detail in the Assessment Report, the District’s special assessments will be levied against all benefitted lands within the District. The Assessment Report identifies maximum assessment amounts for each land use category that is currently expected to be assessed. The method of allocating assessments for the Improvements to be funded by the District will initially be determined on an equal assessment per acre basis, and will be levied on an equivalent assessment unit (“EAU”) basis at the time that such property is platted or subject to a site plan. The District expects to collect sufficient revenues to retire no more than (i) $2,930,000.00 in debt to be assessed by the District with respect to the Refunding Bonds, and (ii) $24,490,000 in debt to be assessed by the District with respect to the New Money Bonds, each exclusive of fees and costs of collection or enforcement, discounts for early payment and interest.
The respective proposed annual schedules of special assessments are reflected below (inclusive or fees and costs of collection and enforcement and discounts for early payment):
All special assessments described herein may be collected directly by the District in accordance with Florida law, or may be collected on the property tax bill issued by the Nassau County Tax Collector. The decision to collect the assessments by any particular method – e.g., by direct bill or on the tax roll – does not mean that such a method will be used to collect the assessments in future years, and the District reserves the right in its sole discretion to select collection methods in any given year, regardless of past practices. All affected property owners have the right to appear at the public hearing and the right to file written objections with the District within twenty (20) days of the publication of this notice.
Please be advised that failure to pay any special assessments will cause a tax certificate to be issued against your property within the District that may result in a loss of title, or, if the special assessments are directly collected, will cause a foreclosure action to be filed against your property within the District that may result in a loss of title.
If anyone chooses to appeal any decision of the Board with respect to any matter considered at the meeting or hearings, such person will need a record of the proceedings and should accordingly ensure that a verbatim record of the proceedings is made, which includes the testimony and evidence upon which such appeal is to be based.
Also on February 18, 2021 at 1:30 p.m. at the River Glen Amenity Center, 65084 River Glen Parkway, Yulee, Florida 32097, the Board will hold a regular public meeting to consider any other business that may lawfully be considered by the District. The Board meeting, committee meeting and hearings are open to the public and will be conducted in accordance with the provisions of Florida law for community development districts. The Board meeting and/or either or both public hearing(s) may be continued in progress to a date and time certain announced at the meeting and/or public hearings hereby noticed.
Any person requiring special accommodations at the meeting or hearings because of a disability or physical impairment should contact the District Manager’s Office at least 48 hours prior to the meeting. If you are hearing or speech impaired, please contact the Florida Relay Service at 1-800-955-8770 for aid in contacting the District office.
RIVER GLEN COMMUNITY DEVELOPMENT DISTRICT
RESOLUTION 2021-02
A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE RIVER GLEN COMMUNITY DEVELOPMENT DISTRICT DECLARING SPECIAL ASSESSMENTS TO SECURE ITS SERIES 2020, REFUNDING BONDS, AND TO SECURE ITS SERIES 2020, NEW MONEY BONDS, RESPECTIVELY; INDICATING THE LOCATION, NATURE AND ESTIMATED COST OF THOSE INFRASTRUCTURE IMPROVEMENTS WHOSE COST IS TO BE DEFRAYED BY THE SPECIAL ASSESSMENTS SECURING THE SERIES 2020, REFUNDING BONDS, AND SECURING THE SERIES 2020, NEW MONEY BONDS, RESPECTIVELY; PROVIDING THE ESTIMATED COST OF THE IMPROVEMENTS TO BE DEFRAYED BY SUCH SPECIAL ASSESSMENTS, RESPECTIVELY; PROVIDING THE MANNER IN WHICH SUCH SPECIAL ASSESSMENTS, RESPECTIVELY, SHALL BE MADE; PROVIDING WHEN SUCH SPECIAL ASSESSMENTS, RESPECTIVELY, SHALL BE PAID; DESIGNATING LANDS UPON WHICH SUCH SPECIAL ASSESSMENTS, RESPECTIVELY, SHALL BE LEVIED; PROVIDING FOR ASSESSMENT PLATS; ADOPTING PRELIMINARY ASSESSMENT ROLLS; PROVIDING FOR PUBLICATION OF THIS RESOLUTION.
Whereas, the River Glen Community Development District (“District”) is a local unit of special-purpose government located in Nassau County, Florida, and established pursuant to Chapter 190, Florida Statutes, as amended, and Ordinance Number 2005-80, adopted by the County Commission of Nassau County, Florida, effective as of December 20, 2005;
Whereas, the Act authorizes the District to issue bonds for the purpose, among others, of planning, financing, acquiring, constructing, installing, operating, and/or maintaining certain infrastructure, including infrastructure improvements, transportation improvements, water, sewer and re-use facilities, stormwater management facilities, entry features, landscaping and signage, recreational improvements and other infrastructure within or without the boundaries of the District; and
Whereas, the District previously authorized and determined to undertake the District’s capital improvement program consisting of master infrastructure improvements necessary to support residential development within the District (“CIP”), which capital improvement program is set forth in the District’s Master Engineer’s Report, dated June 8, 2006 (“Master Engineer’s Report”); and
Whereas, the District previously issued its Series 2006A Capital Improvement Revenue Bonds in the par amount of $10,390,000 (“Series 2006A Bonds”) and levied special assessments to secure repayment of the Series 2006A Bonds (“Series 2006A Assessments”); and
Whereas, proceeds of the Series 2006A Bonds were used to finance, in part, that portion of the District’s CIP consisting primarily of those infrastructure improvements necessary to support the initial phase of development within the District generally referred to as Phase 1, as identified in the Master Engineer’s Report (“Series 2006A Project”); and
Whereas, pursuant to Resolutions 2006-27, 2006-28, and 2007-01 (“2006 Assessment Resolutions”), the District imposed the Series 2006A Assessments on developable real property within the boundaries of the District that specially benefits from the Series 2006A Project as described in the 2006 Assessment Resolutions and as set forth in the District’s Final Special Assessment Allocation Report, Capital Improvement Revenue Bonds, Series 2006, dated November 8, 2006 (“2006 Assessment Report”); and
Whereas, due to current interest rate market conditions, and in order to achieve aggregate debt service savings, the District has determined it is in the best interest of the District, its residents, and landowners, to refinance the outstanding Series 2006A Bonds; and
Whereas, the District desires to utilize proceeds generated from refinancing the outstanding Series 2006A Bonds to finance additional Series 2006A Project improvements as well as repairs and enhancements to existing components of the Series 2006A Project and hereby determines to undertake, install, plan, establish, construct or reconstruct, enlarge or extend, equip, acquire, operate, and/or maintain such improvements, capital repairs, and/or enhancements (together with the Series 2006A Project, the “Refunding Improvements”), which are more particularly described in the District’s Supplemental Engineers Report, Series 2020 Projects, dated November 17, 2020 (“2020 Engineer’s Report”), attached hereto as Exhibit A and incorporated herein by reference; and
Whereas, it is in the best interests of the District to continue to pay the costs of the Series 2006 Project and the Refunding Improvements through the levy of special assessments pursuant to Chapters 170, 190, and 197, Florida Statutes (“Series 2020 Refunding Assessments”); and
Whereas, notwithstanding the District’s adoption of this resolution to begin the process of levying the Series 2020 Refunding Assessments, the Series 2006A Assessments shall remain valid and binding until such time as the District levies the Series 2020 Refunding Assessments and issues its Series 2020 Refunding Bonds to be secured by the Series 2020 Refunding Assessments; and
Whereas, the District is empowered by Chapter 190, Florida Statutes, the Uniform Community Development District Act, and Chapter 170, Florida Statutes, Supplemental Alternative Method of Making Local and Municipal Improvements, and Chapter 197, Florida Statutes, to continue implementation of the Improvements and to levy the Series 2020 Refunding Assessments; and
Whereas, the District hereby determines that benefits have accrued and will continue to accrue to the property improved, the amount of those benefits, and that special assessments will be made in proportion to the benefits received as set forth in the District’s 2006A Assessment Report and the Preliminary Supplemental Assessment Allocation Report, Capital Improvement Revenue Refunding Bonds, Series 2020 – Refunding Improvements, dated November 18, 2020 (“2020 Refunding Assessment Report”), attached hereto as Exhibit B and incorporated herein by reference; and
Whereas, this Resolution shall serve as the “resolution required to declare special assessments” contemplated by Section 170.03, Florida Statutes, for the assessment lien(s) levied against certain property as described in Exhibit B that collectively comprise the Series 2020 Refunding Assessments; and
Whereas, the District hereby determines that the Series 2020 Refunding Assessments to be levied will not exceed the benefits to the property improved; and
Whereas, the Board further hereby determines to undertake, install, plan, establish, construct or reconstruct, enlarge or extend, equip, acquire, operate, and/or maintain the infrastructure improvements necessary to support development of the remaining undeveloped property within the District referred to as Phases 2 – 5, as more specifically described in the 2020 Engineer’s Report (“Remaining CIP Improvements”); and
Whereas, the District anticipates issuing a new series of Capital Improvement Revenue Bonds, Series 2020 (“Series 2020 New Money Bonds”), the proceeds of which will be utilized to finance all or a portion of the acquisition, construction, and installation of the Remaining CIP Improvements; and
Whereas, it is in the best interest of the District to also pay the cost of the Remaining CIP Improvements through the levy of special assessments pursuant to Chapters 170, 190, and 197 Florida Statutes (“Series 2020 Debt Assessments”); and
Whereas, the District hereby determines that benefits will accrue to the property improved, the amount of those benefits, and that special assessments will be made in proportion to the benefits received from the Remaining CIP Improvements as set forth in the Master Special Assessment Allocation Report, Remaining CIP Improvements, dated December 17, 2020, attached hereto as Exhibit C and incorporated herein by reference (“2020 Master Assessment Report”); and
Whereas, the District hereby determines that the Series 2020 Debt Assessments to be levied will not exceed the benefit to the property improved.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF RIVER GLEN COMMUNITY DEVELOPMENT DISTRICT:
Section 1. Recitals. The recitals stated above are true and correct and are incorporated herein by this reference and form a material part of this Resolution.
Section 2. Authority. This Resolution is adopted pursuant to the provisions of Florida law, including Chapters 170, 190, and 197, Florida Statutes.
Section 3. Series 2020 Refunding Assessments.
A. The Series 2020 Refunding Assessments shall be levied to defray the cost of the Refunding Improvements.
B. The nature and general location of, and plans and specifications for, the Refunding Improvements are described in Exhibit A, which is on file at the District Manager’s Office. Exhibit B is also on file and available for public inspection at the same location.
C. The total estimated cost of the Refunding Improvements is $921,360 (“Refunding Improvements Estimated Cost”).
D. The Series 2020 Refunding Assessments will defray a maximum amount of approximately $2,930,000, which includes the Refunding Improvements Estimated Cost, plus repayment of all outstanding Series 2006A Bonds, financing-related costs, capitalized interest, and a debt service reserve.
E. The manner in which the Series 2020 Refunding Assessments shall be apportioned and paid is set forth in Exhibit B, including provisions for supplemental assessment resolutions.
F. The Series 2020 Refunding Assessments shall be levied, within the District, on certain lots and lands adjoining and contiguous or bounding and abutting upon such Refunding Improvements or specially benefitted thereby and further designated by the assessment plat hereinafter provided for.
G. Commencing with the year in which the Series 2020 Refunding Assessments are certified for collection, the Series 2020 Refunding Assessments shall be paid in not more than eighteen (18) annual installments or the maximum period of time permitted by law then in effect. The Series 2020 Refunding Assessments may be payable at the same time and in the same manner as are ad valorem taxes and collected pursuant to Chapter 197, Florida Statutes (the “Uniform Method”); provided, however, that in the event the Uniform Method is not available to the District in any year, or if determined by the District to be in its best interest, the Series 2020 Refunding Assessments, or any portion thereof, may be collected as is otherwise permitted by law. The decision to collect special assessments by any particular method – e.g., by direct bill or on the tax roll – does not mean that such a method will be used to collect special assessments in future years, and the District reserves the right in its sole discretion to select collection methods in any given year, regardless of past practices.
H. The District Manager has caused to be made a preliminary assessment roll, in accordance with the method of assessment for the Series 2020 Refunding Assessments described in Exhibit B hereto, which shows the lots and lands assessed, the amount of benefit to and the assessment against each lot or parcel of land and the number of annual installments into which the assessment may be divided, which assessment roll is hereby adopted and approved as the District’s preliminary assessment roll.
Section 4. Series 2020 Debt Assessments.
A. The Series 2020 Debt Assessments shall be levied to defray the cost of the Remaining CIP Improvements.
B. The nature and general location of, and plans and specifications for, the Remaining CIP Improvements are described in Exhibit A, which is on file at the District Manager’s Office. Exhibit C is also on file and available for public inspection at the same location.
C. The total estimated cost of the Remaining CIP Improvements is $18,024,227 (“Remaining CIP Improvements Estimated Cost”).
D. The Series 2020 Debt Assessments will defray approximately $24,490,000, which includes the Remaining CIP Improvements Estimated Cost, plus financing-related costs, capitalized interest, and a debt service reserve.
E. The manner in which the Series 2020 Debt Assessments shall be apportioned and paid is set forth in Exhibit C, including provisions for supplemental assessment resolutions.
F. The Series 2020 Debt Assessments shall be levied, within the District, on certain lots and lands adjoining and contiguous or bounding and abutting upon such Refunding Improvements or specially benefitted thereby and further designated by the assessment plat hereinafter provided for.
G. Commencing with the year in which the Series 2020 Debt Assessments are certified for collection, the Series 2020 Debt Assessments shall be paid in not more than thirty (30) annual installments or the maximum period of time permitted by law then in effect. The Series 2020 Debt Assessments may be payable at the same time and in the same manner as are ad valorem taxes and collected pursuant to Chapter 197, Florida Statutes (the “Uniform Method”); provided, however, that in the event the Uniform Method is not available to the District in any year, or if determined by the District to be in its best interest, the Series 2020 Debt Assessments, or any portion thereof, may be collected as is otherwise permitted by law. The decision to collect special assessments by any particular method – e.g., by direct bill or on the tax roll – does not mean that such a method will be used to collect special assessments in future years, and the District reserves the right in its sole discretion to select collection methods in any given year, regardless of past practices.
H. The District Manager has caused to be made a preliminary assessment roll, in accordance with the method of assessment for the Series 2020 Debt Assessments described in Exhibit C hereto, which shows the lots and lands assessed, the amount of benefit to and the assessment against each lot or parcel of land and the number of annual installments into which the assessment may be divided, which assessment roll is hereby adopted and approved as the District’s preliminary assessment roll.
Section 5. Public Hearings and Publication of This Resolution 2021-02.
A. The Board shall adopt a subsequent resolution to fix a time and place to conduct respective public hearings at which the owners of property to be assessed either Series 2020 Refunding Assessments or Series 2020 Debt Assessments, respectively, or any other persons interested therein, may appear before the Board and be heard as to the propriety and advisability of such Series 2020 Refunding Assessments or Series 2020 Debt Assessments, or the making of the Refunding Improvements or Remaining CIP Improvements, the respective costs thereof, the manners of payment therefore, or the amounts thereof to be assessed against each property as improved.
B. The District Manager is hereby directed to cause this Resolution to be published twice (once a week for two (2) consecutive weeks) in a newspaper of general circulation within Nassau County and to provide such other notice as may be required by law or desired in the best interests of the District.
Section 6. Effective Date. This Resolution shall become effective upon its passage.
PASSED AND ADOPTED this 16th day of December, 2020.
ATTEST: RIVER GLEN COMMUNITY
DEVELOPMENT DISTRICT
_/S/Lesley Gallagher_________________ _/S/Charles Moore_______________
Secretary/Assistant Secretary Chairperson, Board of Supervisors
Exhibit A: Supplemental Engineer’s Report, Series 2020 Projects, dated November 17, 2020
Exhibit B: Preliminary Supplemental Assessment Allocation Repot, Capital Improvement Revenue Refunding Bonds,
Series 2020 – Refunding Improvements, dated November 18, 2020
Exhibit C: Master Special Assessment Allocation Report, Remaining CIP Improvements, dated December 17, 2020