Item I2
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: July 19.2001
Division:
County Administrator
Bulk Item: Yes
No -X-
Department: County Administrator
AGENDA ITEM WORDING:
Approval of appointments/reappointments of Mayor Neugent, Commissioner Spehar, Commissioner
McCoy, Commissioner Williams and Commissioner Nelson to the Industrial Development Authority
and appointment of a Chairman, Vice-Chairman, and Secretary.
ITEM BACKGROUND:
The Monroe County Industrial Development Authority was created on December 16, 1980 by
Resolution No. 341-1980. On February 21, 1995, the Board adopted Resolution No. 058-1995
appointing the Board of County Commissioners as new members of the Authority. On March 24,
1999, the Board selected former Commissioners Freeman and Reich to serve as Chairman and Vice-
Chairman and Commissioner Neugent to serve as Secretary.
PREVIOUS RELEVANT BOCC ACTION:
As stated above.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATIONS:
Approval of appointments/reappointments as stated above with terms to run concurrent with the
Commissioner's term.
TOTAL COST:
-0-
BUDGETED: Yes
No
COST TO COUNTY: -0-
REVENUE PRODUCING: Yes
No
AMOUNTPERMONTH_ Year
DIVISION DIRECTOR APPROVAL:
APPROVED BY: County Atty _ OMB/Purchasing _ Risk Management_
=---./ ____?,-O~
James L. Roberts
DOCUMENTATION:
Included X
To Follow_ Not Required_
AGENDA ITEM # tfl.--X"-
DISPOSITION:
--- .. -. ....~ r~Un'nUN~U~ ~UUN~Y ~r~Y U~~I~b IU'~~~2~2~~I~
I-'~ub
1/2
Board of County Commissioners
.RESOLunON NO.
-2001
A RESOLUTION 0'= THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, fLORIDA, APPOINTING A CHAIRPERSON, VICE-
CHAIRPERSON, SECRETARY AND COMMISSIONERS OF THE
MONROE COUNTY INDUSTRIAL DEVELOPMI!NT AUTHORITY;
PROVIDING AN EFFECTIVE DATE
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA:
Section 1. This resolution is adopted pursuant to Chapter 159, Part III, Florida
Statutes, and other applicable provisions of law.
Section 2. It is hereby ascertained, determined and declared as follows:
A. On December 16, 1980, the BOCC, by its Resolution No. 341-1980, (1)
declared the need for an industrial development authority, known as the Monroe County
Industrial Development Aut.hority (IDA), to function in the area of the County; (2)
established such an authority for the County; and (3) appointed the initial members of
the IDA with the BOCC members as the Board of IDA.
B. The terms of the members of the IDA have expired, and it is necessary to
appoint new members of the IDA, in order for the IDA to transact business.
Section 3. The following individuals are hereby appointed as Chairperson, Vice-
Chairperson, Secretary and members of the IDA for the terms commencing on the
effective date of their appointment and running concurrent with each Commissioner's
term.
1. Chairperson
2. Vice-Chairperson
3. Secretary
4.
5.
Before commencing his or 11er duties as IDA members, each member shall take and
Subscribe the oath or affirmation required by the Constitution of the State of Florida.
--~-..-u. .~.~. r~UM'MUN~U~ ~UUN~Y A~~Y urrl~~ IU'~0~2S235J6
PAGE
2/2
Section 4. All resolutions or parts thereof of the BOCC in conflict with the
provisions herein contained are, to the extent of such conflict, hereby superseded and
repealed.
Section 5. This resolution shall take effect immediately upon its adoption.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meetin9 of said Board held on the day of
2001.
Mayor George Neugent
Mayor Pro Tem Nora Williams
Commissioner Murray Nelson
Commissioner Dixie Spehar
Commissioner Charles McCoy
(SEAL)
Attest: DANNY L.KOLHAGE, Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNlY, FLORIDA
By
Deputy Clerk
By
Mayor/Chairperson
)dresIDA
"a~ 01 20 11:53a
Dann~ L. Kolha~e
305 295 3615
INDUSTRIAL V~V~LOPMENT AUTHORITY
003-1999
A RESOLUTION BY THE MONROE COUNTY INDUSTRIAL
DEVELOPMENT AUTHORITY APPOINTING A SECRETARY..,.
OJ' THE AUTIIORITY SOLELY FOR THE PURPOSE Opg !;;
EXECUTING AND ATTESTING VARIOUS AGREEMENTS8'Pf
DOCUMENT~ ANn INSTRUMENTS RBQUlJUID TO B~?=>
DELIVERED BY THE AUTHORITY IN CONNECTION WI'rf€2"
THE ISSUANCE BY THE AUTHORITY OF ITS INDUSTRIAf;:CC;
DEVELOPMENT REVENUE 80NUS, SeRIES I 999A (KE~g~
WEST BREWERY, TNC. PROJECT) AND TAXABL~ ~
INDUSTRIAL DEVELOPMENT REVENl JF. RONDS, SERIES
1999B (KEY WEST BREWERY, TNe. PROJECT); CONFIRMJNG
THE CHAIRMAN AND VICE-CHAIRMAN OF 1lffi
AUTHORITY; AND PROVIDING AN EFFECTIVE DA1"'E.
'-0 ..,
\0 -
~ r-
a
, ..,
\D <<::)
2110 ::0
2 ::n
6 "1
C"')
.. 0
C .:0
Q
WHEREAS, on December 9, 1998, following a public hearing. the Board of County
Commissioners of Monroe County, florida, in its capacity as the governing body of the MOllroe
County Industrial Development Authority (the "Authoriay"). IIdupled Resolution .522-1998 and
granted its prdiminary approval of the issuance or the its Industrial Development Revenue Bonds,
Series J 999A(Key West Brewery, Inc. Project) and Taxable Industrial Development Revenue Bonds,
Series 1999B (Key West Brewery, Inc. Project) (collectively,. the "Bonds");
WBl:REAS. on March 10, 1999, the Board, in it. cApacity as the governing body vf lhe
Authority, adopted a resolution (the "Bond Resolution"), authorizing the issuance of the Bonds;
WH'EnAS, an order to issue and deliver the Bonds. it is necessary that the Chairman ofthe
Authority execute and deliver the Bonds and various other agreements, documents and instnlments
related thereto (collectively, the "Bond OO'~lIments"). all or which were authorized and approved
pursuant to the Bond Resolution and it is funher necessary that the signature of the Chairman be
attested by a duly authorized representAtive of the Authority;
WHEREAS, Section 159.45, Florida Statutes. requires the Authority to annually elect a
Chairman and Vice-Chainnan and aJlow~ the Authority to appoint a Secretary to the Authority;
WHEREAS. it is necessary and desirable to appoint a Secretary for the sole purpose of
execuling and alt~'ting the Bond Documcms and to confirm the Chairman and the Vice-Chaimlan
of the governing body of the Authority~
NOW, THEREFORE, BE IT DETERMINED AND RESOLVED BY THE MONROE
COUNTY tNDUSTJUAL DEVELOPMENT AUTHORITY, 'fIlA T:
SECTION I. AUTHORITY FOR THIS RESOLUTION. This Resolution is
adopted pursuant to the provisions of Chapter 159, Parts n and llJ, Florida Statutes, and other
applicable provisions of law.
p.2
-1_
Ma~ 01 20 11:53a
Dann~ L. Kolha,e
305 295 3615
p.3
SECTION z. DEFINITIONS. Unless the context otherwise requires, the tenns used
in this Resolution shall have the meanings specified herein. Words imponing the singular shaD include
tbe plural, words imponing the plunJ shaD include the singular, and words imponing persons shall
include cnrpnration~ And other entities or IsSOC'.iations.
SECTION 3. APPOINTMENT OF SECRETARY: Commissioner George
Neugent is hereby appointed'Secretary ofthc governing body of the Authority solely tor the purpose
oC executing and attesting the Bond Documents. The Secretary is hereby authorized and directed to
execute and attest all Bond Documents required or necessary for the issuance of the Bond,,_ including
the Inducement Resolution and the Bond Resolution. The Secretary is timber authorized and
directed to cause the official seal of the Authority to be affIXed to any Bond Documents requiring
such seal, which seal fo,' Pu,P\)~ hel wr ~hlllJ be lIle seal ufMunroe County, Florida. The Secretary
shall be deemed to be the "Clerk" as such term is used in the Bond Resolution and shall be authorized
and directed to take such action as is delegated to the "Clerk" pursuant thereto.
SECTION 4. CONFIRMA nON OF CHAIRMAN AND VICE-CHAmMAN.
It is hereby Confirmed that Shirley Frc~ and Mary Kay Reich shall serve u Chairman and Vice-
CIiaiiinan. respectively, of the Authority until their successors arc appointed by the governing body
of the Authority. In the Chairman' 5 absence or unavailability, the Vice-Chairman may act in her place
and perform all duties or actions required under the Bond Documents or the Inducement Resolution
or the Bond Resolution.
SECI10N 5. SEVERABn.rrv OFINV ALID PROVISIONS.lCanyoneor more
of the covenants, agreements or provisions herein contained shall be held contrary to any express
proV1sions oflaw or contrary to the policy of express law, though not expressly prohibited, or against
public policy, or shaJJ for any reason whatsoever be held invalid, tben such covenants, agreements or
provisions shall he null and void and mall he deemf!d separable from the remaining covenants,
agreements or provisions, and shall in no way affect the validity of any oflhe other provisions hereof.
SECTION 6. REPEALING CLAUSE. All resolutions or pans lhereofin confhct
with the pruvisions herein contained arc, to the extent of such conflict, hereby superseded and
repealed,
2
"a~ 01 20 11:53a
SECTION 7.
upon its adoption.
Dann~ L. Kolha~e
305 295 3615
p.4
EFFECTIVE DATE. This Resolution shall take effect immediately
ADOPTED this 24th day of March, 1999.
h={I
APPROVED AS TO LEGAL FORM
AND SUFFICIENCY:
~~-
MONROE COUNTY INDUSTRIAL
DEVELOPMENT AUTHORITY, MONROE
COUNTY, FLORIDA
)tJ.i!~
ViCO-Cllilillll~
J