Resolution 2023-098 TSOLUTION NO. 2023 - 98
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, APPROVING A PLAN OF FINANCE
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 THE BONDS OR, 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"), or to be
carried forward as permitted by applicable law; 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
[23-SOC-01031/1791711/1]
WHEREAS, the Authority held a public hearing on April 12, 2023, 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. 2023-03 (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. Resolution Effective. This Resolution shall take effect immediately
upon adoption.
[23-S0C-01031/1791711/1]
PASSED AND ADOPTED THIS a3c,4day of May, 2023.
(SEAL)
ATTEST: ,,^ BOARD OF COUNTY COMMISSIONERS
Crystal K. Kinzel,'C1-crk of Courts OF COLLIER COUNTY, FLORIDA
By: , Aa. By:
(--2007' ,
*CLait
rDepu.t l"lc.. Rick LoCastro, Chairman
```°� t as to Chairman
Attest
siortMure ointy:,
Approved,a•1to or,. - d legality:
4,4 f
10,
irm,...1_,
Jeffrey A. ltz.,s w, County Attorney
[23-SOC-01031/1791711/1]
RESOLUTION NO. 2023-03
A RESOLUTION OF THE HOUSING FINANCE AUTHORITY OF
COLLIER 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 of new 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
EXHIBIT A
AUTHORITY RESOLUTION
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 Iiability,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(0 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
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 12th day of April 2023.
HOUSING FINANCE AUTHORITY OF
COLLIER COUNTY, FLORIDA
By: 94421/24
C air
ATT'
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-cretary
3
EXHIBIT A-PROOF OF PUBLICATION OF NOTICE OF HEARING
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fpr., 1n.., rY .,,.. i u r, l k a
Published Daily
Naples, FL 34110
PICKWORTH DONALD P.A.
725 HIGH PINES DR
NOTE OF NAPLES, FL 34103 HOUSING FINANCE AUTHORITY PUBLIC
F COLUER COUNTY,FLORIDA
NOTICE IS HEREBY GIVEN of a public hearing by the Housin Fi-
nance Authority of Collier County, Florida (the 'Authority*), to
Affidavit of Publication
be held on April 12, 2023, at 8:30 a.m. (local time), in the in the
STATE OF WISCONSIN County Manager's Conference Room, second floor, Building F,
Suite 202, Collier County Government Center, 3299 East
COUNTY OF BROWN Tarniarii Trail, Naples, Florida 34112. for the purpose of receiv-
ing comments and hearing discussion concerning a plan of fi-
nancing subject to the Internal Revenue Code of 1986, as
Before the undersigned they serve as the authority, amended (the "Code"), pursuant to which the Authority will is-
sue its Single Family Mortgage Revenue Bonds, in one or more
personally appeared said legal clerk who on oath says that series, in an aggregate principal amount of not to exceed
he/she serves as Legal Clerk of the Naples Daily News, a $50,000,000 pursuant to the plan of finance (the "Bonds"), the
newspaper P y proceeds ofwhich will be used to make available funds to pur-
dailypublished at Naples, in Collier County, chase federally insured or guaranteed mortgage loans originat-
Florida; distributed in Collier and Lee counties of Florida; ed by participating local lending institutions to finance or refi-
nancethat the attached copy of the advertising was published in fiy residences purchase
withinXCollier County,owner-occupied of rrda, and by
said newspaper on dates listed. Affiant further says that the •persons or families of low, moderate or midle income (the
Said Naples Daily News is a newspaper Project"), to purchase securities from a master servicer evidenc-
saidpublished at ing interests in or backed by a pool of such mortgage loans, in-
Naples, in said Collier County, Florida, and that the said cluding, without limitation, securities issued by the federal
newspaper has heretofore been continuous) government or agencies thereof or to be used in conjunction
y published in with a Mortgage Credit Certificate program or for multifamily
said housing. Persons may attend the hearing through the participa-
Collier County, Florida;distributed in Collier and Lee tion options set forth below.
The Bonds shall not be a debt, liability or obligation of the Au-
counties of Florida,each day and has been entered as
in thorny or of Collier County, Florida, or the State of Florida, or of
second class mail matter at the post office in Naples,
any political subdivision thereof, but shall be payable solely
said Collier County, Florida,for a period of one year next from the above-referenced mortgage loans or securities evf-
preceding the first publication of the attached copyof donning an interest in or backed by a pool of such mortgage
loans.Thea
Bonds are not a debt of the United Stales of America
advertisement; and affiant further says that he has neither or any agency thereof, or of GNMA, Fannie Mae or Freddie Mac,
paid nor promised p and are not guaranteed by the full faith and credit of the Unit-
any y person, or cor oration any discount, ed States of America.
rebate,commission or refund for the purpose of securing
this advertisement for publication in said newspaper ina heeonfereation nceoroons:m is limited and not hysical attendance.
11mSeating
y be a
issue(s)dated or by publication on the newspaper's accommo-
dated. (2) Call-in number 929.205.6099; Meeting ID 287 094
website, if authorized,on 7702;Passcode 556757.
All interested persons are invited to attend the meeting
through the options set forth above, and may submit questions
or comments or request copies of the application for financing
Issue(a)dated:04/04/2023 by email to the Authority's executIve director at donOdappalaw
.com. Persons are advised that, if they decide to appeal any de-
"�—� �.— cision made at this hearing, they will need a record of the pro-
ceedings, and, for such purpose, they may need to ensure that a
verbatim record of the proceedings is made, which record in-
cludes the testimony and evidence upon which the appeal is to
Subscribed and sworn to before on April 4, 2023: be based. Please contact Don Pickworth at 234_4041475 with
any questions or concerns.
HOUSING FINANCE AUTHORITY OF COWER COUNTY
General Counsel and Executive Director
April 4,2023 #5652785
N to of WI, County of Brown
/& i 4
My commission expires
Publication Cost: $420.00
Ad No:0005652785
Customer No: 1307145 R YAN S�'E L L E >PO#: i
#of Affidavits1
�iGLdry Pubil:
This Is not an invoice