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Item K1 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: December 19-20, 200 I Division: Monroe County Housing Finance Authority Bulk Item: Yes No Department: Staff will be present at BOCC meeting to answer any questions AGENDA ITEM WORDING: RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, APPROVING THE ISSUANCE OF NOT EXCEEDING $9,350,000.00 MONROE COUNTY HOUSING FINANCE AUTHORITY MULTIFAMILY HOUSING REVENUE BONDS, SERIES 2002 (ROOSEVELT GARDENS APARTMENTS PROJECT) PURSUANT TO CHAPTER 159, PART IV, FLORIDA STATUTES, AS AMENDED. ITEM BACKGROUND The Monroe County Housing Finance Authority has approved and recommended BOCC approval of the issuance of the Authority's Multifamily Housing Revenue Bonds, Series 2002 for the purpose of securing financing for the affordable housing development known as Roosevelt Gardens, a 96 unit affordable housing development in Key West. PREVIOUS RELEVANT BOCC ACTION: Jan. 1999 Monroe County Comprehensive Land Authority approves Resolution 04-1999 authorizing the purchase of property at No. Roosevelt Boulevard "Fairgrounds" for $2,800,000, for the purpose of developing affordable housing. Oct. 2001 BOCC approves Resolution 416-2001 adopting the Regional (Private Activity Bond) Allocation Procedure. This provides for Monroe County to be eligible to submit for a bond funded project of up to $10,000,000 every other year in cooperation with Housing Finance Authorities of Charlotte, Hendry and Collier Counties. I STAFF RECOMMENDATION: Approval. TOTAL COST: $-0- COST TO COUNTY: $-0- APPROVED BY: County Attny. . Manuel Castillo , Momoe County Housing Finance Authority DEPARTMENT APPROVAL: DOCUMENTATION: Included X To Follow Not Required _ DISPOSITION: /-/(/ RESOLUTION - 2001 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, APPROVING THE ISSUANCE OF NOT EXCEEDING $9,350,000.00 MONROE COUNTY HOUSING FINANCE AUTHORITY MUL TIFAMIL Y HOUSING REVENUE BONDS, SERIES 2002 (ROOSEVEL T GARDENS APARTMENTS PROJECT) PURSUANT TO CHAPTER 159, PART IV, FLORIDA STATUTES, AS AMENDED. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: SECTION 1. RECITALS. It is hereby found, ascertained, determined and declared that: A. The Board of County Commissioners of Monroe County, Florida, created the Monroe County Housing Finance Authority (the "Issuer"), by Ordinance No. 10-1979, it abolished the Issuer by Ordinance NO. 354-1993, and it reconstituted the Issuer by Ordinance No. 059-1995. The Issuer is a body corporate and politic duly created and existing as a local governmental body and a public instrumentality for the purpose of assisting qualifying housing projects situated in Monroe County, Florida (the "County"), under and by virtue of Chapter 159, Part IV, Florida Statutes (the "Act"), to provide for the issuance of and to issue and sell its obligations for lawful corporate purposes. B. The Issuer has submitted to the Board of County Commissioners a copy of its Resolution (the "Resolution") with respect to the issuance by it of not exceeding $9,350,000.00 of Monroe County Housing Finance Authority Multifamily Housing Revenue Bonds, Series 2002 (the "Bonds"). C. A public hearing was held on the issuance of the Bonds on November 29,2001, which public hearing was duly conducted by the Issuer upon reasonable public notice, and at such hearing interested individuals were afforded the opportunity to express their views, both orally and in writing, on all matters pertaining to the location and nature of the proposed project and to the issuance of the Bonds. D. The Issuer has recommended and requested that the Board of County Commissioners approve the issuance of the Bonds so that the interest on the Bonds will be exempt from federal income taxation under applicable provisions of Section 14 7( a) of the Internal Revenue Code of 1986, as amended. E. The Resolution shows that the Issuer has acted in accordance with all applicable requirements of law, and that the issuance of the Bonds will serve significant public purposes as provided in the Act. F. The purpose of the Act will be effectively served, and it is necessary and desirable and in the best interest of the County that the issuance of the Bonds be approved by the Board of County Commissioners. G. The Bonds shall not constitute a debt or a pledge of the faith and credit of the Issuer, the County, the State of Florida or any political subdivision thereof and neither the Issuer, the County, the State of Florida nor any political subdivision thereof shall be liable thereon; nor in any event shall the Bonds be payable out of any funds or properties other than those of the Issuer, and then only to the extent provided in the Indenture. No member of the Board of County Commissioners or any officer thereof shall be liable personally on the Bonds by reason of its issuance. SECTION 2. APPROVAL OF ISSUANCE OF THE BONDS. The issuance of the Bonds as contemplated by the Resolution is hereby approved; however, this approval shall in no way be deemed to abrogate any land development regulations of the County and the Project contemplated by this Resolution shall be subject to all such regulations, including, but not limited to, the County's Comprehensive Plan and all concurrence requirements contained therein. SECTION 3. REPEALING CLAUSE. All resolutions or orders and parts thereof in conflict herewith, to the extent of such conflict, are hereby superseded and repealed. SECTION 4. adoption. PASSED AND ADOPTED, by the Board of County Commissioners of Monroe County, Florida at a regular meeting on said Board on the _ day of , A.D., 2001 EFFECTIVE DATE. This Resolution shall take effect immediately upon its Mayor McCoy Mayor Pro Tern Spehar Commissioner Nugent Commissioner Williams Commissioner Nelson BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor/Chairman Charles McCoy SEAL ATTEST: Approved as to form and legal sufficiency: Date: