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Backup Document 06/14/2022 Item #16K4 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 K 4 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. ** ROUTING SLIP** Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing_lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s)(List in routing order) Office Initials Date 1. 3. County Attorney Office County Attorney Office JAK 6/14/22 4. BCC Office Board of County Commissioners bl/l II3151 Qiii/z.z 5. Minutes and Records Clerk of Court's Office ixf 4612z, a 517 ttf- PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above may need to contact staff for additional or missing information. Name of Primary Staff Wanda Rodriguez,ACP Phone Number 252-8123 Contact/Department Office of the County Attorney Agenda Date Item was 6/14/22 Agenda Item Number 16-K-Lt Approved by the BCC Type of Document(s) Resolution—Housing Finance Authority Number of Original one Attached single-family mortgage revenue bonds Documents Attached PO number or account N/A number if document is to be recorded ties° Z,e-� j c/(i—i d , INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A" in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature(instead of stamp)? N/A 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legality. (All documents to be signed by JAK the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney.) 4. All handwritten strike-through and revisions have been initialed by the County Attorney N/A Office and all other parties except the BCC Chairman and the Clerk to the Board. 5. The Chairman's signature line date has been entered as the date of BCC approval of the JAK document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's JAK signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is uploaded to the agenda. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 6/14/22 and all changes made during the JAK N/A is not meeting have been incorporated in the attached document. The County Attorney an option for Office has reviewed the changes,if applicable. this line. 9. Initials of attorney verifying that the attached document is the version approved by the j N/A is not BCC,all changes directed by the BCC have been made,and the document is ready for the //�� an option for Chairman's signature. V"l� this line. **send copy to Donald Pickworth at Don(a,dannalaw.com ** I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04;Revised 1.26.05;2.24.05;11/30/12;4/22/16;9/10/21 1 6K4 Ann P. Jennejohn From: Ann P. Jennejohn Sent: Wednesday, June 15, 2022 12:12 PM To: RodriguezWanda; 'Don Pickworth' Subject: Collier County Resolution 2022-106 Attachments: Resolution 2022-106 (Item #16K4 6-14-22 BCC Meeting).pdf Good Ad-ten/loom., Please fivtd the attached executed resolution for your records, adopted by the Collier Couvtty 13CC on Juvte 14, 2022 (Item #16K4) Thavtk you! Ann Jenne,jolin 13MR Senior Deputy Clerk II o'i7lCrt kl Clerk to the Value Adjustment Hoard co 4.`` Office: 239-252-8406 .16 Fax: 239-252-8408 (if applicable) Ann.Jennejohn@CollierClerk.covvt r, � Office of the Clerk of the Circuit Court K,c:• & Comptroller of Collier County 3299 Tawtiawti Trail, Suite #401 Naples, FL 34112-5324 www.CollierClerk.cowt i !+ 1bK4 RESOLUTION NO. 2022 - 106 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, APPROVING A PLAN OF FINANCING INVOLVING THE ISSUANCE BY THE HOUSING FINANCE AUTHORITY OF COLLIER COUNTY, FLORIDA OF ITS SINGLE FAMILY MORTGAGE REVENUE BONDS IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $50,000,000 IN ONE OR MORE SERIES; APPROVING USE OF STATE AWARDED VOLUME CAP ALLOCATION FOR MORTGAGE CREDIT CERTIFICATE PROGRAMS OR MULTIFAMILY BONDS OR CARRY FORWARD; APPROVING BONDS AS REQUIRED BY SECTION 147(F) OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to Ordinance No. 80-66, enacted by the Board of County Commissioners of Collier County, Florida (the "Board") on July 29, 1980 (the "Ordinance"), the Board created the Housing Finance Authority of Collier County, Florida (the "Authority"), in accordance with Part IV, Chapter 159, Florida Statutes (the "Act"), for the purpose of alleviating a shortage of housing available at prices or rentals which many persons and families can afford and a shortage of capital for investment in such housing; and WHEREAS, pursuant to the Act, the Authority is empowered to revenue bonds for single family or multifamily housing for persons of low, moderate or middle income as defined in the Act; and WHEREAS, in furtherance of its statutory purposes, the Authority desires to issue single family mortgage revenue bonds, in one or more series, in an aggregate principal amount not to exceed $50,000,000 (the "Bonds"), or, in the alternative, to use any private activity bond volume cap that may be awarded to be used in conjunction with a mortgage credit certificate program, and/or to be applied toward multifamily housing (the "Plan of Finance") within the meaning of Section 147(f)(2)(C) of the Internal Revenue Code of 1986, as amended (the "Code"); and WHEREAS, the Bonds are to be issued to make available funds to (i) purchase federally insured or guaranteed mortgage loans originated by participating local lending institutions to finance or refinance the purchase of new or existing owner-occupied single family residences (a) situated within Collier County, Florida, and (b) owned by persons or families of low, moderate, or middle income, (ii) purchase securities from a master servicer evidencing interests in or backed by a pool of such mortgage loans, including, without limitation, securities issued by the federal government or agencies thereof, (iii) be used in conjunction with a mortgage credit certificate program, and/or(iv) to be applied toward multifamily housing; and 1 1 6K4 WHEREAS, the Authority held a public hearing on May 5, 2022, as required by Section 147(f) of the Internal Revenue Code of 1986, as amended (the "TEFRA Hearing"), after proper notice was published (the "TEFRA Notice"), for the purpose of giving all interested persons the opportunity to express their views in connection with the Plan of Financing and the issuance of the Bonds (a copy of said TEFRA Notice being attached as Exhibit A to the Authority Resolution as hereinafter defined); and WHEREAS, at the conclusion of said TEFRA Hearing, the Authority adopted Resolution No. 2022-03 (the "Authority Resolution"), a copy of which is attached hereto as Exhibit A; and WHEREAS, the Authority has requested the Board's approval of the Plan of Financing and the issuance of the Bonds by the Authority in one or more series pursuant thereto for purposes of Section 147(f) of the Code: NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: Section 1. Approval of Plan of Financing and Issuance of the Bonds for Purposes of Section 147(f) of the Code. For purposes of Section 147(f) of the Code, the Board hereby approves the Plan of Financing, the notice of public hearing, the public hearing, and the issuance by the Authority of the Bonds in an aggregate principal amount not to exceed Fifty Million and 00/100 Dollars ($50,000,000) pursuant thereto for the purposes stated herein. The Board's approval of the Plan of Financing and the issuance of the Bonds by the Authority shall not be construed to obligate Collier County, Florida, to incur any liability, pecuniary or otherwise, in connection with the issuance of the Bonds or the Plan of Financing. Provided further, however this approval shall in no way be deemed to abrogate any regulations of the County and any project contemplated by this resolution shall be subject to all such regulations, including, but not limited to, the County's Growth Management Plan, all concurrency requirements contained therein, and the Collier County Land Development Code. Section 2. Approval of Use of Single Family Bond Allocation. The Board hereby authorizes the allocation for single family revenue bonds to be used in connection with (i) mortgage credit certificate authority, and/or (ii) multifamily revenue bonds. The Authority is authorized to determine if such allocation will be (i) carried forward for use in future years, and/or (ii) converted for use with mortgage credit certificates and/or multifamily revenue bonds, as the Authority may deem most advisable. Section 3. Effective Date. This Resolution shall take effect immediately upon adoption. 2 16KG PASSED AND ADOPTED THIS 4 day of „ V1A-) , 2022. (SEAL) ATTEST: , BOARD OF COUNTY COMMISSIONERS Crystai,'K. Kinzel, Clerk of Courts COLLIER CO '� ORIDA CU* By; LQ Tf AK g, 4 3;;7; •'f lerk Will•;m L. McDaniel, Jr., Chairman at ep y: A r andlegality: Jeffrey . 1 kow, County Attorney Attachment: Exhibit A—Authority Resolution No. 2022-03 Exhibit A I z RESOLUTION NO, 2022-03 A RESOLUTION OF THE HOUSING FINANCE AUTHORITY OF COWER COUNTY, FLORIDA APPROVING A PLAN OF FINANCE INVOLVING THE ISSUANCE BY THE AUTHORITY OF ITS SINGLE FAMILY MORTGAGE REVENUE BONDS IN AN AGGREGATE FACE AMOUNT OF NOT TO EXCEED $50,000,000 IN ONE OR MORE SERIES; APPROVING USE OF STATE-AWARDED PRIVATE ACTIVITY BOND ALLOCATION ("ALLOCATION") FOR MORTGAGE CREDIT CERTIFICATE PROGRAMS OR MULTIFAMILY CARRY FORWARD; AUTHORIZING THE PROPER OFFICERS OF THE AUTHORITY TO DO ALL THINGS NECESSARY OR ADVISABLE IN CONNECTION WITH THE PLAN OF FINANCE; AND PROVIDING AN EFFECTIVE DATE FOR THIS RESOLUTION. WHEREAS, the Housing Finance Authority of Collier County, Florida (the "Authority") intends to issue its single family mortgage revenue bonds (the "Single Family Bonds"), in one or more series, in an aggregate principal amount of not to exceed $50,000,000, or to participate in one or more issues of single family mortgage revenue bonds issued by other housing finance authorities pursuant to interlocal agreements between the Authority and such other housing finance authorities to (i) make funds available to purchase federally insured or guaranteed mortgage loans originated by participating local lending institutions to finance or refinance the purchase anew or existing owner-occupied single-family residences (a) situated within Collier County, Florida(the "County") and/or other Florida Counties as authorized by Chapter 159, Part IV, Florida Statutes, as amended,and(b)owned by persons or families of low,moderate or middle income, (ii)purchase securities from a master servicer evidencing interests in or backed by a pool of such mortgage loans, including, without limitation, securities issued by the federal government or agencies thereof, (iii) be used in conjunction with a mortgage credit certificate program, and/or (iv) be applied toward multifamily housing; and WHEREAS, the State of Florida's (the "State") allocation procedures require that (i) a public hearing be held under the Tax Equity and Fiscal Responsibility Act("TEFRA")with respect to the Single Family Bonds, and (ii) the issuance of the Single Family Bonds be approved by the Board of County Commissioners of Collier County, Florida, for purposes of Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code") prior to requesting private activity bond allocation ("Allocation") for said Single Family Bonds; and WHEREAS, the Authority desires to in the alternative provide mortgage credit certificates for the benefit of the citizens of the County and to convert single family mortgage revenue bond Allocation awarded by the State for Allocation applicable to mortgage credit certificate authority; and WHEREAS, the Authority may elect to apply or carry forward any unused single family Allocation awarded by the State for use with either single family revenue bonds or multifamily revenue bonds; and 1 AUTHORITY RESOLUTION EXHIBIT A TO COUNTY RESOLUTION l6K4 WHEREAS, in order to satisfy certain of the requirements of Section 147(f) of the Internal Revenue Code of 1986, as amended, the Authority did on this date hold a public hearing on the proposed Plan of Finance, which date is at least 7 days following the publication of a notice of such public hearing as required by law (proof of publication of such notice is attached hereto as Exhibit A). Such public hearing, which occurred prior to the adoption of this Resolution, was conducted in a manner that provided a reasonable opportunity for persons with differing views to be heard, both orally and in writing, on the Plan of Finance;and WHEREAS, the Authority hereby desires to adopt a plan of financing within the meaning of Section 147(f)(2)(C)of the Code. NOW,THEREFORE,BE IT RESOLVED BY THE HOUSING FINANCE AUTHORITY OF COLLIER COUNTY, FLORIDA: Section 1. Approval of Plan of Finance and Issuance of the Bonds. The Authority hereby authorizes the issuance of the Single Family Bonds in an aggregate face amount of not to exceed $50,000,000 for purposes stated herein. The Authority also hereby approves a plan of financing consisting of the issuance of one or more series of Single Family Bonds at one or more times and from time to time, which provides funds to originate new mortgages for first-time homebuyers within the meaning of Section 143 of the Code (the "Plan of Finance"). Neither the Authority's approval of the Plan of Finance, or the issuance of the Single Family Bonds by the Authority, shall (i) obligate or be construed to obligate the Authority to issue all or any portion of such Single Family Bonds,or(ii)cause the Authority or the County to incur any liability,pecuniary or otherwise, in connection with the Plan of Finance or the issuance of the Single Family Bonds and/or the decision not to issue all or any portion of the Single Family Bonds. Section 2. Approval of Use of Single Family Bond Allocation. The Authority hereby authorizes the Allocation for single family revenue bonds (i) to be converted for mortgage credit certificate authority, and/or (ii) to be used as Allocation for multifamily revenue bonds. The Chairman of the Authority is hereby authorized to determine (i) if such Allocation should be carried forward, and/or (ii) if such Allocation should be converted for use with mortgage credit certificates and/or used for multifamily revenue bonds. Section 3. Delegation of Authority to hold a Public Hearing, If,after consultation with the Authority's Bond Counsel it is deemed necessary to hold further public hearings with respect to the issuance of single family or multifamily bonds, the attorney for the Authority or his designee is hereby authorized to publish a notice and to conduct a public hearing in accordance with Section 147(f)of the Code, and shall report the results of such hearing to the Authority. Section 4. Further Actions and Ratification of Prior Actions. The officers, agents and employees of the Authority are hereby authorized and directed to do all acts and things required of them by this Resolution and to execute and deliver any and all instruments, affidavits, certificates, and notices necessary or advisable to effectuate the issuance of the Single Family Bonds and the implementation of the Plan of Finance. All actions heretofore undertaken by the 2 l6K4 attorney for the Authority, officers, agents and employees of the Authority with respect to the Single Family Bonds and/or the Plan of Finance are hereby authorized and ratified. Section 5, Effective Date. This Resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED, this 5th day of May 2022. HOUSING FINANCE AUTHORITY OF COLLIER COUNTY, FLORIDA By: .14A4/ae/4---) Chair ATTEST: /L Secrets - E.11 3 .i\ittpirs 1.3 ilItJ 1 6 K 4 PART OF THE USA'TODAY NE TWORX Published Daily Naples, FL 34110 PICKWORTH DONALD P.A . 725 HIGH PINES DR NAPLES, FL 34103 NOTICE OF PUBLIC HEARING HOUSING FINANCE AUTHORITY OF COLLIER COUNTY,FLO NOTICE IS HEREBY GIVEN of a public hearing by the Housing Finance Aut Florida (the "Authority"), to be held on May 5, 2022, at 8:30 a.m. (local Affidavit of Publication room, Suite 102, 5811 Pelican Bay Blvd, Naples FL, for the purpose of r STATE OF WISCONSIN hearing discussion concerning a plan of financing subject to the Internal R amended (the "Code"), pursuant to which the Authority will issue its Sing COUNTY OF BROWN - enue Bonds, in one or more series, in an aggregate principal amc $50,000,000, pursuant to the plan of finance (the "Bonds"), the proceeds make available funds to purchase federally insured or guaranteed mortg Before the undersigned they serve as the authority, participating local lending institutions to finance or refinance the purcl owner-occupied single-family residences situated within Collier County, Fl personally appeared said legal clerk who on oath says that families of low, moderate or middle income (the "Project"), to purchase he/she serves as Legal Clerk of the Naples Daily News, a servicer evidencing interests in or backed by a pool of such mortgage I' limitation, securities issued by the federal government or agencies there daily newspaper published at Naples, in Collier County, junction with a Mortgage Credit Certificate program or for multifamily h Florida; distributed in Collier and Lee counties of Florida; tend the hearing through the participation options set forth below. that the attached copy of the advertising was published in The Bonds shall not be a debt, liability or obligation of the Authority or o said newspaper on dates listed. Affiant further says that the or the State of Florida, or of any political subdivision thereof, but shall be above-referenced mortgage loans or securities evidencing an interest in said Naples Daily News is a newspaper published at such mortgage loans. The Bonds are not a debt of the United States of Naples, in said Collier County, Florida, and that the said thereof, or of GNMA, Fannie Mae or Freddie Mac, and are not guarante newspaper has heretofore been continuously published in credit of the United States of America. said Participation options: (1) Physical attendance. Seating capacity in the cot and not all may be accommodated. (2) Call-in number 929.205.6099; M Collier County, Florida; distributed in Collier and Lee Passcode 556757. counties of Florida, each day and has been entered as All interested persons are invited to attend the meeting through the opti second class mail matter at the post office in Naples, in may submit questions or comments, or request copies of the application f said Collier County, Florida, for a period of one year next the Authority's executive director at don@dappalaw.com. Persons are ads preceding the first publication of the attached of to appeal any decision made at this hearing, they will need a record of tl copy such purpose, they may need to ensure that a verbatim record of the pro advertisement; and affiant further says that he has neither record includes the testimony and evidence upon which the appeal is to t aid nor romised Don Pickworth at 239.404,1475 with any questions or concerns. P p an y person, or corporation any discount, HOUSING FINANCE AUTHORITY OF COLLIER COUNTY rebate, commission or refund for the purpose of securing By;Donald A.Pickworth in said newspaper General Counsel and Executive Director this advertisement for publicationPub Date: April 27,2022 issue(s)dated or by publication on the newspaper's website, if authorized, on Issue(s)dated: 04/27/2022 Subscribed and sworn to before on April 27, 2022: it Notary, State of WI, Cou ty of Brown My commission expires Publication Cost: $430.50 Ad No: 0005232426 Customer No: 1307145 KA�H LEEt\1 I�LLf;`J PO#; PUBLIC HEARING votary Public #ofAffdavitsl ctl.rp of Wisconsin This is not an invoice EXHIBIT A TO AUTHORITY RESOLUTION AFFIDAVIT OF PUBLICATION