IN THE CIRCUIT COURT IN AND FOR TUSCALOOSA COUNTY, ALABAMA
CASE NO. 2025-CV-900950
THE UNIVERSITY BEACH IMPROVEMENT DISTRICT,
Plaintiff,
vs.
THE TAXPAYERS AND CITIZENS OF THE CITY OF NORTHPORT, ALABAMA,
Defendants.
LEGAL NOTICE
TO THE TAXPAYERS AND CITIZENS OF THE CITY OF NORTHPORT, ALABAMA:
Notice is hereby given to you that a Complaint (the “Complaint”) has been filed in this Court under the provisions of Article 7 of Chapter 81 of Title 11 of the Code of Alabama (1975), as amended (§§ 11-81-220 et seq.), requesting the Court to validate and confirm the proposed issuance by the University Beach Improvement District (the “District”) of its Special Assessment Revenue Bonds, Series 2025 in the principal amount not to exceed $59,770,000 (the “Series 2025 Bonds”).
The proceeds of the Bonds proposed to be issued will be applied (a) to the acquisition, construction and installation of public infrastructure facilities (including but not limited to road facilities, water facilities, wastewater facilities, stormwater facilities, other infrastructure facilities more fully described in the engineering report prepared by TTL, Inc. dated June 6, 2025, and soft costs (including professional fees) (the “Project”) and (b) to pay the costs of issuance of the Series 2025 Bonds.
The Board of Directors of the District duly authorized a Bond Resolution and a Debt Service Assessment Resolution (collectively, the “Resolutions”) approving the execution and delivery of the following documents:
a. Trust Indenture (the “Indenture”) between the District and U.S. Bank National Association, as trustee (the “Trustee”);
b. Development Agreement (the “Development Agreement”) between the District and University Beach, LLC (the “Developer” or “Owner”);
c. True-Up Agreement (the “True-Up Agreement”) between the District and the Developer;
d. Management Agreement (the “Management Agreement”) between the District and Wrathell, Hunt & Associates, L.L.C; and
e. Collection Agreement (the “Collection Agreement”) between the District and Wrathell, Hunt & Associates, L.L.C.
The property on, above or below which the various elements of the Project will be located, together with all easements and other rights necessary to the construction, installation, operation, maintenance and repair of the Project, will be conveyed to and owned by the District or another appropriate governmental entity no later than the completion of the Project.
The District, as authorized in the Resolutions and by Sections 11-99A-11 and 11-99A-13 of the Code of Alabama (1975), has petitioned the governing body of the City of Northport (the “City”) to levy an assessment against the assessable property in the District, all of which will be specially and peculiarly benefited by the Project. The assessments levied by the City (the “Assessments”) will be sufficient to pay the principal of and interest on the Series 2025 Bonds as and when the same come due. To the extent construction costs of the Project exceed the Series 2025 Bond proceeds available therefor, including interest and investment earnings thereon, if any, the Developer will agree, pursuant to the terms of the Development Agreement, to complete the Project as originally planned with its own funds.
The Series 2025 Bonds will be limited obligations of the District, payable from and secured by a pledge of all revenues from the Assessments including, without limitation, amounts received from any foreclosure proceeding for the enforcement of collection of the Assessments. The Series 2025 Bonds will also be secured by all moneys on deposit in certain funds and accounts established under the Indenture (the “Indenture Funds”). Pursuant to the Indenture, the Assessments and the Indenture Funds will be pledged to pay the debt service on the Series 2025 Bonds. The Series 2025 Bonds will not be payable from any taxes.
The Series 2025 Bonds will be issued in one or more series. The Series 2025 Bonds will bear interest at rates not to exceed 7.5% per annum. Interest on the Series 2025 Bonds will be payable on May 1 and November 1 of each year, commencing May 1, 2026. The Series 2025 Bonds will mature on or before November 1, 2055. The Series 2025 Bonds will be subject to redemption prior to maturity in accordance with the Indenture. Payment of interest due on the Series 2025 Bonds will be made through The Depository Trust Company or by wire transfer to the persons entitled thereto at their addresses appearing on the bond register. Payment of the principal of the Series 2025 Bonds due upon redemption or maturity shall be made by through The Depository Trust Company or wire transfer to the persons entitled thereto at their addresses appearing on the bond register.
The Court has issued an Order against the taxpayers and citizens of the City of Northport, Alabama, requiring them to show cause, if any they have, at a hearing of said Complaint to be held at the Tuscaloosa County Courthouse, 714 Greensboro Avenue, Tuscaloosa, Alabama, 35401, on the 14th day of October, 2025, at 4:00 p.m. in the Seventh Floor Courtroom, why the Series 2025 Bonds, the means provided for the payment of the Series 2025 Bonds, the use of the proceeds of the Series 2025 Bonds, the Resolutions and documents approved therein, and other provisions, covenants, and agreements referred to in said Complaint should not be validated and confirmed.
You are therefore hereby required, at the time and place hereinabove set forth, to show cause, if any you have, why the Series 2025 Bonds, the means provided for the payment of the Series 2025 Bonds, the use of the proceeds of the Series 2025 Bonds, the Resolutions and documents approved therein, and other provisions, covenants, and agreements referred to in said Complaint should not be validated and confirmed.
DONE this 9th day of September, 2025.
CLERK OF CIRCUIT COURT OF TUSCALOOSA COUNTY, ALABAMA
Tuscaloosa News: September 16, September 23, & September 30, 2025 Copy to Tuscaloosa County Bulletin Board