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Resolution 477-2001 RESOLUTION 477 - 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 MULTIFAMILY 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. RECIT ALS. 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 147(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. EFFECTIVE DATE. This Resolution shall take effect immediately upon its PASSED AND ADOPTED, by the Board of County Commissioners of Monroe County, Florida at a regular meeting on said Board on the ~ day of Dee. , A.D., 2001 ~'!i'ifiY~ Mayor McCoy Mayor Pro Tern Commission Commissi Commissi BOARD OF COUNTY COMMISSIONERS OF MONROE COUNT, ORIDA ~~k/ Approved as to form and legal sufficiency: By: Yes SEAL ATTEST: DANNY L. KOLHAGE, Clerk 0_L Date: r--.:J c::t c::t ""T1 r- rrJ o ""T1 o :::0 :::0 rr1 c-) o :::0 o U N/~;~~N 3: o 0 :z: )> ~C")~ r'1 ~ :::~ n' r- oO. ~::OA " 0 -I("')r- :<,-j:I: "}> ." C) ~ ", c::J ,.,., ("") N -0 :Jt .s::- .s::- O'