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Item O5 JUN-02-~0 10,16 FROM,HONROE COUNTY ATTY OFFICE 10,3052823516 PAGE 1/2 BOARD OF COUNTY COMMISSIONERS AGENDA rrEM SUMMARY Meeting Date: June 14, 2000 Division: County Attorney Bulk Item: Yes No x AGENDA ITEM WORDING: Under federal law the Board of County Commissioners must approve the Industrial Development Authority's issuance of bonds, This Resolution approves the IDA's Wesley House bond issue. ITEM BACKGROUND: PREVIOUS RELEVANT BOCC ACTION: The Bee, sitting as the IDA, held the federally required pUblic hearing (TEFRA hearing) on May 17, 2000 to discuss the Wesley House bond Issue. STAFF RECOMMENDATION: Approval. TOTAL COST: BUDGETED: Yes _ No Cost to County: APPROVED BY: County Attorney x OMB/Purchasing RiSk Management DIVISION DIRECTOR APPROV"L~ DOCUMENTATION: Included --L_ To Follow _ Not required _ AGI!NDA ITEM # 1"05 RESOLUTION NO. -2000 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA APPROVING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS IN AN AMOUNT NOT EXCEED $1,000,000 BY THE MONROE COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY. WHEREAS, on May 17, 2000 a public hearing was held by the Monroe County Industrial Development Authority (the "Authority ") with regard to the issuance of the Authority I s Industrial Development Revenue Bonds, Series 2000 (Wesley House Community Center, Inc. Project) in an aggregate principal amount not to exceed $1,000,000 (the "Bonds"); and WHEREAS, the proceeds of the Bonds will be used by the Authority to make a loan to Wesley House Community Center, Inc. (the "Borrower") to finance and refinance the cost of acquisition, renovation and rehabilitation of a social service center located at 1300 Truman Avenue, Key West, Florida, within Monroe County, Florida and to pay the costs of issuance of the Bonds (all of the property financed and refinanced with proceeds of the Bonds being owned and operated by the Borrower); and WHEREAS, the Bonds will not be an obligation of the County, and will be payable solely from funds of the Borrower; and WHEREAS, pursuant to the requirements of the Florida Statutes and of the Internal Revenue Code of 1986, as amended (the "Code"), as a prerequisite to the issuance of the Bonds, it is necessary that the Board of County Commissioners of Collier County, Florida approve the issuance thereof after said public hearing; and WHEREAS, the Board of County Commissioners desires to evidence approval of the issuance of the Bonds solely to satisfy the requirements of the Florida Statutes and of the Code. NOW, THEREFORE, be it resolved by the Board of County Commissioners of Collier County, Florida that: Section 1. The Board of County Commissioners hereby approves the issuance of the Bonds solely for purposes of Section 159.47(1 )(i), Florida Statutes and Section 147 (f) of the Code. Section 2. The Bonds shall not constitute a debt, liability or obligation of Monroe County, Florida, its Board of County Commissioners, or any officers, agents or employees thereof, or of the State of Florida or any political subdivision thereof, but shall be payable solely from the revenues provided therefor, and neither the faith and credit nor any taxing power of Monroe County, Florida, the State of Florida or any political subdivision thereof is pledged to payment of the principal of, premium, if any, and interest on the Bonds. No member of the Board of County Commissioners of Monroe County, Florida or any officer, agent or employee thereof shall be liable personally on the Bonds by reason of their issuance. Section 3. This approval shall in no way be deemed to abrogate any regulations of Monroe County, Florida, and any and all projects contemplated to be financed with the Bonds shall be subject to all such regulations, including, but not limited to, the Monroe County Growth Management Plan, all concurrency requirements contained therein, the Monroe County Land Development Code, and all applicable impact fee regulations. The approval given herein shall not be construed as (i) an endorsement of the creditworthiness of the Borrower or the financial viability of the Project, (ii) a recommendation to any prospective purchaser of the Bonds or (iii) an evaluation of the likelihood of the repayment of the debt service on the Bonds. Section 4. If any Section, paragraph, clause or provision of this Resolution shall be held to be invalid or ineffective for any reason, the remainder of this Resolution shall continue in full force and effect, it being expressly hereby found and declared that the remainder of this Resolution would have been adopted despite the invalidity or ineffectiveness of such Section, paragraph, clause or provision. Section 5. This- Resolution shall take effect immediately upon its adoption. PASSED and Adopted this 14th day of June, 2000. ATTEST: Danny L. Kolhage, Clerk MONROE COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS By: Deputy Clerk , Chair [SEAL] Approved as to form and legal sufficiency: James T. Hendrick, County Attorney G:\06208\165\county resolution(2)_ wpd 2