Clerk's CertificateI
CLERK'S CERTIFICATE
I, Lindsey Ballard, the undersigned Deputy Clerk of the Circuit Court of Monroe
County, Florida and Ex- Officio Deputy Clerk to the Board of County Commissioners
(the "Board ") of Monroe County, Florida (the "County "), DO HEREBY CERTIFY that
attached hereto are copies of:
1. Ordinance No. 013 -1989 entitled "AN ORDINANCE DECLARING THAT
AN EMERGENCY EXISTS AND WAIVING NOTICE BY A FOUR - FIFTH'S VOTE;
LEVYING IN ALL OF MONROE COUNTY A ONE CENT SALES TAX SURTAX;
PROVIDING FOR A FORMULA FOR THE DISTRIBUTION OF REVENUES SO
COLLECTED BETWEEN THE COUNTY AND THE VARIOUS MUNICIPALITIES
WITHIN THE COUNTY; PROVIDING THAT THE SURTAX SHALL BE
COLLECTED FOR A PERIOD OF FIFTEEN (15) YEARS COMMENCING ON
NOVEMBER 1, 1989; PROVIDING THE EXPENDITURE OF THE REVENUES
COLLECTED ON CERTAIN CAPITAL PROJECTS WITH A LIFE EXPECTANCY IN
EXCESS OF FIVE YEARS; PROVIDING THAT THE REVENUES RAISED BY THIS
ORDINANCE SHALL NOT BE USED TO REDUCE AD VALOREM TAXATION OR
USER FEES INCLUDING IMPACT FEES IN EXISTENCE ON OCTOBER 31,1989;
PROVIDING FOR THE PLEDGING OF REVENUES SO RAISED FOR BONDED
INDEBTEDNESS; PROVIDING FOR INCORPORATION INTO THE MONROE
COUNTY CODE OF ORDINANCES; PROVIDING FOR THE REPEAL OF ALL
ORDINANCES OR PARTS OF ORDINANCES INCONSISTENT HEREWITH; AND
PROVIDING FOR AN EFFECTIVE DATE AND REFERENDUM APPROVAL
BEFORE THE SALES TAX SURTAX MAY BE COLLECTED," enacted at a meeting
of the Board duly called and held on May 23, 1989, at which meeting a quorum was
present and acting throughout, which ordinance has been compared by me with the
original thereof as recorded in the Minute Book of said County and that said ordinance is
a true, complete and correct copy thereof, and said ordinance has been duly enacted and
has not been further modified, amended, supplemented or repealed, except as amended
by Ordinance No. 01 -2000, enacted by the Board on January 19, 2000 and Ordinance
No. 017 -2012, enacted by the Board on July 18, 2012, and is in full force and effect on
and as of the date hereof in the form attached hereto as Exhibit A.
2. Ordinance No. 01 -2000 entitled "AN ORDINANCE OF THE BOARD OF
COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, EXTENDING
THE ONE CENT INFRASTRUCTURE SALES TAX, OTHERWISE DUE TO EXPIRE
IN 2004, THROUGH DECEMBER 31, 2018; PROVIDING THAT THE
INFRASTRUCTURE TAX PROCEEDS MAY BE SPENT ON CERTAIN CAPITAL
PROJECTS WITH A LIFE EXPECTANCY OF FIVE YEARS OR MORE AS WELL
AS ANY PUBLIC PURPOSE; PROVIDING THAT SUCH EXTENSION IS ONLY
EFFECTIVE IF APPROVED BY THE COUNTY ELECTORATE VOTING IN THE
MARCH 14, 2000 PRIMARY; PROVIDING FOR NOTIFICATION TO THE
FLORIDA DEPARTMENT OF REVENUE IF THE TAX IS APPROVED BY THE
ELECTORATE; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE
REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR
INCORPORATION INTO THE MONROE COUNTY CODE OF ORDINANCES; AND
PROVIDING AN EFFECTIVE DATE," enacted at a meeting of the Board duly called
and held on January 19, 2000, at which meeting a quorum was present and acting
throughout, which ordinance has been compared by me with the original thereof as
recorded in the Minute Book of said County and that said ordinance is a true, complete
and correct copy thereof and said ordinance has been duly enacted and has not been
further modified, amended or repealed and is in full force and effect on and as of the date
hereof in the form attached hereto as Exhibit B.
3. Ordinance No. 017 -2012 entitled "AN ORDINANCE OF THE BOARD OF
COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA EXTENDING
THE ONE CENT INFRASTRUCTURE SALES TAX, OTHERWISE DUE TO EXPIRE
IN 2018, THROUGH DECEMBER 31, 2033; PROVIDING LIMITS ON THE USE OF
THE FUNDS AFTER 2018 UNLESS WASTEWATER PROJECTS ARE IN
PROGRESS AND FULLY FUNDED; PROVIDING THAT SUCH EXTENSION IS
ONLY EFFECTIVE IF APPROVED BY THE COUNTY ELECTORATE VOTING IN
THE NOVEMBER 6, 2012 GENERAL ELECTION; PROVIDING FOR
NOTIFICATION OF THE FLORIDA DEPARTMENT OF REVENUE IF THE TAX IS
APPROVED BY THE ELECTORATE; PROVIDING FOR SEVERABILITY;
PROVIDING FOR THE REPEAL OF ALL ORDINANCES INCONSISTENT
HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY
CODE OF ORDINANCES; PROVIDING FOR AN EFFECTIVE DATE," enacted at a
meeting of the Board duly called and held on July 18, 2012, at which meeting a quorum
was present and acting throughout, which ordinance has been compared by me with the
original thereof as recorded in the Minute Book of said County and that said ordinance is
a true, complete and correct copy thereof and said ordinance has been duly enacted and
has not been further modified, amended or repealed, except as amended by Ordinance
No. 023 -2012 enacted by the Board on September 21, 2012, and is in full force and effect
on and as of the date hereof in the form attached hereto as Exhibit C.
4. Ordinance No. 023 -2012 entitled "AN ORDINANCE OF THE BOARD OF
COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA AMENDING
ORDINANCE NO. 017 -2012 APPROVED JULY 18, 2012; PROVIDING
CLARIFICATION REGARDING USE OF THE FUNDS AFTER 2018; PROVIDING
FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES
INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO THE
MONROE COUNTY CODE OF ORDINANCES; PROVIDING FOR AN EFFECTIVE
DATE," enacted at a meeting of the Board duly called and held on September 21, 2012,
at which meeting a quorum was present and acting throughout, which ordinance has been
compared by me with the original thereof as recorded in the Minute Book of said County
f
and that said ordinance is a true, complete and correct copy thereof and said ordinance
has been duly enacted and has not been further modified, amended or repealed and is in
full force and effect on and as of the date hereof in the form attached hereto as Exhibit D.
5. Resolution No. 077 -2003 entitled "A RESOLUTION OF THE BOARD OF
COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA AUTHORIZING
THE ISSUANCE OF NOT EXCEEDING $25,000,000 IN AGGREGATE PRINCIPAL
AMOUNT OF MONROE COUNTY, FLORIDA INFRASTRUCTURE SALES
SURTAX REVENUE BONDS, SERIES 2003, TO FINANCE THE ACQUISITION,
CONSTRUCTION AND EQUIPPING OF CERTAIN CAPITAL IMPROVEMENTS
WITHIN THE COUNTY; PLEDGING MONEYS RECEIVED BY THE COUNTY
FROM THE ONE CENT LOCAL GOVERNMENT INFRASTRUCTURE SALES
SURTAX TO SECURE PAYMENT OF THE PRINCIPAL OF AND INTEREST ON
SAID BONDS; PROVIDING FOR THE RIGHTS OF THE HOLDERS OF SAID
BONDS; MAKING CERTAIN OTHER COVENANTS AND AGREEMENTS IN
CONNECTION WITH THE ISSUANCE OF SUCH BONDS; PROVIDING CERTAIN
TERMS AND DETAILS OF SAID BONDS; AND PROVIDING FOR AN EFFECTIVE
DATE FOR THIS RESOLUTION," adopted at a meeting of the Board duly called and
held on February 19, 2003, at which meeting a quorum was present and acting
throughout, which resolution has been compared by me with the original thereof as
recorded in the Minute Book of said County and that said resolution is a true, complete
and correct copy thereof and said resolution has been duly adopted and has not been
further modified, amended or repealed, except as amended by Resolution No. 424 -2007,
adopted by the Board on November 14, 2007, and is in full force and effect on and as of
the date hereof in the form attached hereto as Exhibit E.
6. Resolution No. 424 -2007 entitled "A RESOLUTION OF THE BOARD OF
COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA AMENDING
AND SUPPLEMENTING RESOLUTION NO. 077 -2003 ADOPTED BY THE BOARD
ON FEBRUARY 19, 2003; AUTHORIZING THE ACQUISITION, CONSTRUCTION
AND EQUIPPING OF VARIOUS CAPITAL IMPROVEMENTS WITHIN THE
COUNTY; AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $32,000,000 IN
AGGREGATE PRINCIPAL AMOUNT OF MONROE COUNTY, FLORIDA
INFRASTRUCTURE SALES SURTAX REVENUE BONDS, SERIES 2007, IN
ORDER TO FINANCE A PORTION OF THE COSTS OF SUCH CAPITAL
IMPROVEMENTS; MAKING CERTAIN COVENANTS AND AGREEMENTS IN
CONNECTION WITH THE ISSUANCE OF SUCH SERIES 2007 BONDS;
AUTHORIZING THE AWARDING OF SAID SERIES 2007 BONDS PURSUANT TO
A PUBLIC BID; DELEGATING CERTAIN AUTHORITY TO THE MAYOR AND
THE COUNTY ADMINISTRATOR FOR THE AWARD OF THE SERIES 2007
BONDS AND THE APPROVAL OF THE TERMS AND DETAILS OF SAID SERIES
2007 BONDS; APPOINTING THE PAYING AGENT AND REGISTRAR FOR SAID
SERIES 2007 BONDS; AUTHORIZING THE DISTRIBUTION OF A PRELIMINARY
I
OFFICIAL STATEMENT AND THE EXECUTION AND DELIVERY OF AN
OFFICIAL STATEMENT WITH RESPECT THERETO; ESTABLISHING A BOOK -
ENTRY SYSTEM OF REGISTRATION FOR THE SERIES 2007 BONDS;
AUTHORIZING THE EXECUTION AND DELIVERY OF A CONTINUING
DISCLOSURE CERTIFICATE; AUTHORIZING MUNICIPAL BOND INSURANCE
FOR THE BONDS; AUTHORIZING A RESERVE ACCOUNT SURETY BOND
WITH RESPECT TO THE BONDS; MAKING CERTAIN AMENDMENTS TO
RESOLUTION NO. 077 -2003; AND PROVIDING AN EFFECTIVE DATE," adopted at
a meeting of the Board duly called and held on November 14, 2007, at which meeting a
quorum was present and acting throughout, which resolution has been compared by me
with the original thereof as recorded in the Minute Book of said County and that said
resolution is a true, complete and correct copy thereof and said resolution has been duly
adopted and has not been further modified, amended or repealed and is in full force and
effect on and as of the date hereof in the form attached hereto as Exhibit F
7. Resolution entitled "A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA SUPPLEMENTING
RESOLUTION NO. 077 -2003 ADOPTED BY THE BOARD ON FEBRUARY 19,
2003, AS PREVIOUSLY AMENDED; AUTHORIZING THE ACQUISITION,
CONSTRUCTION AND EQUIPPING OF VARIOUS CAPITAL IMPROVEMENTS
WITHIN THE COUNTY AND THE REFUNDING OF ALL OF THE COUNTY'S
OUTSTANDING INFRASTRUCTURE SALES SURTAX REVENUE BONDS,
SERIES 2003, IN ORDER TO ACHIEVE DEBT SERVICE SAVINGS FOR THE
COUNTY; AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $32,000,000 IN
AGGREGATE PRINCIPAL AMOUNT OF A MONROE COUNTY, FLORIDA
INFRASTRUCTURE SALES SURTAX IMPROVEMENT AND REFUNDING
REVENUE BOND, SERIES 2014, IN ORDER TO FINANCE A PORTION OF THE
COSTS OF SUCH CAPITAL IMPROVEMENTS AND EFFECT SUCH REFUNDING;
MAKING CERTAIN COVENANTS AND AGREEMENTS IN CONNECTION WITH
THE ISSUANCE OF SUCH SERIES 2014 BOND; AUTHORIZING A NEGOTIATED
SALE OF SAID SERIES 2014 BOND AND THE AWARD OF SAID SERIES 2014
BOND PURSUANT TO THE PROPOSAL OF PINNACLE PUBLIC FINANCE, INC.;
DELEGATING CERTAIN AUTHORITY TO THE MAYOR FOR THE APPROVAL
OF THE TERMS AND DETAILS OF SAID SERIES 2014 BOND; APPOINTING THE
CLERK AS THE PAYING AGENT AND REGISTRAR FOR SAID SERIES 2014
BOND; AUTHORIZING THE EXECUTION AND DELIVERY OF AN ESCROW
DEPOSIT AGREEMENT AND APPOINTING THE ESCROW AGENT THERETO;
AND PROVIDING AN EFFECTIVE DATE," adopted at a meeting of the Board duly
called and held on October 17, 2014, at which meeting a quorum was present and acting
throughout, which resolution has been compared by me with the original thereof as
recorded in the Minute Book of said County and that said resolution is a true, complete
and correct copy thereof and said resolution has been duly adopted and has not been
�J
further modified, amended or repealed and is in full force and effect on and as of the date
hereof in the form attached hereto as Exhibit G.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official
seal of the County the 21 st day of October, 2014.
r � ( E ids t.
��J • t z
� n
i Deputy Clerk of the Circuit Court of Monroe
County, Florida and Ex- Officio Deputy Clerk to
k. the Board of County Commissioners of Monroe
County, Florida