Tab 17 Opinion of CAY17
County of Monroe
The Florida Keys
BOARD OF COUNTY COMMISSIONERS
Mayor Sylvia J. Murphy, District 5
Mayor Pro Tern Danny L. Kolhage, District 1
George Neugent, District 2
Heather Carruthers, District 3
David Rice, District 4
Robert B. ShiWnger, County Attorney"
Pedro J. Mercado, Assistant County Attorney **
Natileene W. Cassel, Assistant County Attorney **
Cynthia L. Hall, Assistant County Attorney **
Christine Limbert- Barrows, Assistant County Attorney **
Derek V. Howard, Assistant County Attorney **
Lisa Granger, Assistant County Attorney
Steven T. Williams, Assistant County Attorney
Peter H. Morris, Assistant County Attorney
** Board Certified in City, County & Local Govt. Law
Board of County Commissioners
of Monroe County, Florida
Key West, Florida
Pinnacle Public Finance, Inc.
Scottsdale, Arizona
October 21, 2014
Office of the County Attorney
1111 12` Street, Suite 408
Key West, FL 33040
(305) 292 -3470 — Phone
(305) 292 -3516 — Fax
Re: $31,885,00 Monroe County, Florida Infrastructure Sales Surtax
Improvement Refunding and Revenue Bond, Series 2014
Ladies and Gentlemen:
I am an Assistant County Attorney to Monroe County, Florida (the "County "), and in
connection with the County's issuance of its Monroe County, Florida Infrastructure Sales Surtax
Improvement and Refunding Revenue Bond, Series 2014 (the "Series 2014 Bond "), I have
examined a record of proceedings relating to the issuance of the Series 2014 Bond, including
without limitation, the Infrastructure Sales Surtax Ordinance and Resolution No. 077 -2003
adopted by the Board of County Commissioners of the County (the "Board ") on February 19,
2003, as amended and supplemented, particularly by a resolution adopted by the Board on
October 17, 2014, authorizing the issuance of the Series 2014 Bond (collectively, the
"Resolution "). Capitalized terms not otherwise defined herein shall have the meanings ascribed
thereto in the Resolution.
Based on the foregoing, I am of the opinion that:
1. The County is a duly created and validly existing political subdivision of the State
of Florida and had and has good right and lawful authority under the Constitution and laws of the
State to enact the Infrastructure Sales Surtax Ordinance and adopt the Resolution, and to authorize
and issue the Series 2014 Bond.
2. The Infrastructure Sales Surtax Ordinance has been duly enacted and the Resolution
has been duly adopted by the County and are in full force and effect and subject to the extent that
Board of County Commissioners
of Monroe County October 21, 2014 Page 2
Pinnacle Public Finance, Inc.
the enforceability of the rights and remedies set forth therein, may be limited by insolvency or
other laws affecting creditors' rights, each constitutes valid and binding obligations of the County
enforceable in accordance with their respective terms.
3. The enactment of the Infrastructure Sales Surtax Ordinance and the adoption of the
Resolution and the issuance of the Series 2014 Bond and compliance with the provisions thereof
will not conflict with or constitute a material breach of or default under any existing law,
administrative regulation, court decree, resolution or agreement to which the County is subject and
the County has the power and authority under the laws of the State to receive the Infrastructure
Sales Surtax Revenues, to pledge the Pledged Funds so pledged under the Resolution and to pay
the Series 2014 Bond and interest thereon in accordance with the terms thereof.
4. To the best of my knowledge after due inquiry, all approvals, consents,
authorizations and orders of any governmental authority or agency having jurisdiction in any
matter which would constitute a condition precedent to the performance by the County of its
obligations under the Resolution and the Series 2014 Bond have been obtained and are in full force
and effect.
5. The County is lawfully empowered to pledge the Pledged Funds to the extent
provided in the Resolution.
6. To my knowledge after due inquiry, as of the date hereof, there is no action, suit,
proceeding, inquiry or investigation, at law or in equity, before or by any court, government
agency, public board or body, pending or, to the best of my knowledge, threatened against the
County, affecting or seeking to prohibit, restrain or enjoin the sale, issuance or delivery of the
Bond or the collection of the Pledged Funds to pay the principal of, premium, if any, and interest
on the Bond, or contesting or affecting as to the County the validity or enforceability of the Act in
any respect relating to authorization for the issuance of the Bond, the Resolution, or contesting the
tax- exempt status of interest on the Bond, or contesting the powers of the County or any authority
for the issuance of the Bond, or the adoption of the Resolution.
All of the above opinions as to enforceability of the legal obligations of the County are
subject to and limited by bankruptcy, insolvency, reorganization, moratorium and similar laws, in
each case relating to or affecting the enforcement of creditors' rights generally, and other general
principles of equity.
Very truly yours,
Cynthia L. Hall
Assistant County Attorney