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Resolution 155-2024 RESOLUTION NO. 155 - 2024 A RESOLUTION APPROVING ADDITIONAL DRAWS OF NOT TO EXCEED $1,340,000 IN AGGREGATE PRINCIPAL AMOUNT AGAINST THE TAX-EXEMPT MASTER AIRPORT REVENUE NOTE (PNC BANK, NATIONAL ASSOCIATION LINE OF CREDIT), SERIES 2024 (AMT) FOR PURPOSES OF SECTION 147(f) OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: SECTION 1. FINDINGS AND AUTHORIZATIONS. It is hereby found and determined that: (A) On August 17, 2022, the Board of County Commissioners (the 'Board") of Monroe County, Florida (the "County") held a duly noticed and called public hearing and approved the issuance of up to $50,000,000 in tax-exempt indebtedness to finance and refinance various costs related to the herein described Project (the "Prior Approval"). (B) In connection with the Prior Approval, the County has issued its $41,340,000 aggregate principal amount of Monroe County, Florida Airport Revenue Bonds (Key West International Airport), Series 2022 and has executed and delivered a Line of Credit Agreement with PNC Bank, National Association, as amended, allowing the County to borrow up to $10,000,000 of tax-exempt indebtedness to finance and refinance various costs of the Project, subject to the terms and provisions of such Agreement. (C) It is necessary and desirable to hold an additional public hearing in order to comply with applicable federal tax laws with respect to any draws that may be made under the Agreement that exceed the $50,000,000 approved amount under the Prior Approval. (D) The County desires to approve additional draw of not to exceed $1,340,000 in aggregate principal amount against its Tax-Exempt Master Airport Revenue Note (PNC Bank, National Association Line of Credit), Series 2024 (AMT) (the "Master Note") to finance and refinance the costs of certain capital improvements to the Key West International Airport (the "Airport"), including the development, construction and equipping of a new second-level concourse of approximately 48,805 square feet ("Concourse A") consisting of. (1) seven gates all fitted with passenger boarding bridges, holdroom areas, passenger circulation space, concession areas, restrooms, a nursing room, a pet relief area, building support areas, including mechanical rooms, IT/Communication rooms, an electrical room, elevator, storage,janitors closet, and stair areas and(2) a ground (apron) level below Concourse A to support a new baggage make-up area and device(s), tug lanes, airline ramp space, ramp equipment storage and circulation space (collectively the "Project"). (E) On the date hereof, in accordance with all requirements of law, upon reasonable public notice setting forth the location and nature of the Project and the proposed additional draws against the Master Note by the County, which notices were published on April 2, 2024 in the Key West Citizen and Key West Weekly, each a newspaper of general circulation in the County, a copy of the affidavit of publication of such notice being attached hereto as Exhibit A, the County held a public hearing at which hearing a quorum of the Board of County Commissioners of the County (the "Board")were present and members of the public were afforded reasonable opportunity to be heard on all matters pertaining to the issuance of the Master Note and the location and nature of the Project, in accordance with Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code"). (F) The Board is the elected legislative body and has jurisdiction over the entire area in which the Project is located. (G) For purposes of meeting the requirements of Section 147(f) of the Code, the Board is required to approve the additional draws against the Master Note to finance the Project. SECTION 2. APPROVAL. For purposes of meeting the requirements of Section 147(f) of the Code, the Board hereby approves the issuance of the Master Note to finance the Project as described herein. SECTION 3. EFFECTIVE DATE. This Resolution shall take effect immediately upon its adoption. [Remainder of page intentionally left blank] 2 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 17 day of April 2024. • Mayor Holly Merrill Raschein Yes Mayor Pro Tem Jim Scholl Yes Commissioner Craig Cates Yes Commissioner Michelle Lincoln Yes Commissioner David Rice Yes r;r.?'.F.�-`,.i'` fit`''.,,i. "':;•1..-}(,�,.7 L 2 BOARD OF COUNTY COMMISSIONERS yr ti -1 (Spal) OF MONROE COUNTY, FLORIDA t l=,`\` '.•tr, ..i a-'e 7vt!�fir','.' �•' t 7 j,Y r.•a.,•,.J,gp ,6,'t4 s 3 Attest:: :R= evin Madok, Clerk By: dei0 By:y As eputy Jerk Mayor ANROE COUNTY ATTOfNEY ./0) •liOVED s FORM. !Li:* ASSI&- `► '0 UNTY'ATTORNEY Date 3/27/24 • • 7.) rri -). • 3 EXHIBIT A KeysNews.com KE ZEN khullv Islailds'VOne N",(Jice The Florida Keys Only Daily Newspaper, Est. 1876 PO Box 1800,Key West FL 33041 P:(941)206-1025 F:(305)294-0768 legals@keysnews.com MONROE CO DEPARTMENT OF AIRPORTS 3491 S ROOSEVELT BLVD KEY WEST FL 33040 Account: 420155 Ticket: 3924569 PUBLISHER'S AFFIDAVIT STATE OF FLORIDA NOTICE OF PUBLIC HEARING Live Closed Captioning is available at our web portal @ http:Hmonroecoun- COUNTY OF MONROE Notice is hereby given of a public hear- tyfI.igm2.com/Citizens/Default.aspx ing to be held by the Board of County for meetings of the Monroe County Commissioners (the "Board")of Mon- Board of County Commissioners. Any Before the undersigned authority personally appeared roe County, Florida (the "County")on person deciding to appeal any decision April 17,2024,at 9:00 a.m.or as soon made by the County after the hearing thereafter as the matter can be heard, will need to ensure that a verbatim re- in the Board meeting room of the Mar- cord of the proceeding is made,which Amber Douglas who on oath says that he or she is athon Government Center - BOCC, record includes the testimony and evi- 2798 Overseas Highway, 2nd Floor, dence upon which the appeal is to be Marathon, Florida,for the purpose of based. The legal advertising representative of the Key West Citizen,a five day news- receiving comments and hearing dis- cussion concerning the County's pro- The public hearing is required by paper published in Key West, in Monroe County, Florida;that the attached copy posed additional draws of not to ex- Section 147(f) of the Internal Reve- of advertisment, being a legal notice in the matter of TEFRA Hearing 04.17 was ceed$1,340,000 in aggregate principal nue Code of 1986, as amended (the amount against the Monroe County, "Code"). Subsequent to the public published In said newspaper In the Issues of: Florida Tax-Exempt Master Airport Rev- hearing,the Board will consider wheth- enue Note(PNC Bank,National Associ- er to approve the issuance of the Mas- ation Line of Credit),Series 2024(AMT) ter Note as required by Section 147(f) Tuesday,April 2,2024 (the"Master Note"),pursuant to a res- of the Code.Any person interested in olution to be considered for adoption the issuance of the Master Note or the by the Board on April 17,2024,as sup- location or nature of the Project may Affiant further says that the Key West Citizen is a newspaper published in Key plemented. appear and be heard. West, in said Monroe County, Florida and that the said newspapers has hereto- Draws against the Master Note will be By order of the Board of County Com- fore been continuously published in said Monroe County, Florida Tuesday thru applied to: finance and refinance the missioners of Monroe County,Florida. Saturday weekly,and has been entered as periodicals matter at the post office in costs of certain capital improvements MONROE COUNTY,FLORIDA Key West, in said Monroe County, Florida,for a period of 1 year next preceding to the Key West International Airport /s/Holly Merrill Raschein (the"Airport"),including the develop- Holly Merrill Raschein,Mayor the first publication of the attached copy of advertisement;and affiant further says ment,construction and equipping of a Board of County Commissioners that he or she has neither paid nor promised any person,firm or corporation any new second-level concourse of approx- 04/02/24-KWC imately 48,805 square feet("Concourse 420155 3924569 discount, rebate, commission or refund for the purpose of securing this advertise- A")consisting of:(1)seven gates all fit- ment for publication in the said newspaper. ted with passenger boarding bridges, holdroom areas, passenger circulation space, concession areas, restrooms, a nursing room,a pet relief area,build- ing support areas, including mechan- ical rooms, IT/Communication rooms, an electrical room, elevator, storage, janitors closet,and stair areas and(2)a ground(apron)level below Concourse � Pe A to support a new baggage make-up area and device(s), tug lanes, airline (Signature ofAffiant) ramp space, ramp equipment storage and circulation space (collectively the Affirmed and subscribed before me this 2nd day of April 2024 "Project"). The Project will be located at Key West International Airport,3491 South Roos- evelt Boulevard,Key West,Florida.The County will own and operate the Proj- (Notary Public Signature) ect which will be part of the Airport. All interested persons are invited to at- tend said hearing and to,either person- Jill Kelli Di Benedetto ally or through their representatives, (Notary Public Printed Name) present oral or written comments and discussion concerning the proposed plan of finance.Written comments may My commission expires 8/19/2027 also be submitted prior to the hearing at the Office of the County Attorney, 1111 12th Street,Suite 408,Key West, Personally Known X Produced Identification_ Florida 33040,Attention:County Attor- Type of Identification Produced (Notary Seal) ney.In accordance with the Americans with Disabilities Act,persons needing a special accommodation in order to par- Notary Public State of Florida ticipate in this proceeding should con- Ak Jill Ke111 Di Benedetto tact the County Administrator's Office, t1N My Commission HH 390294 by phoning (305) 292-4441, between ExpirBS 6/1912027 the hours of 8:30 a.m.-5:00 p.m.,no later than five(5)calendar days prior to the scheduled meeting; if you are hearing or voice-impaired, call "711".