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Resolution 1989-053 MARCH 7, 1989 RESOLllTION 89- 53 A RESOLUTION OF THE-BOARO OF COUNTY CO!1MIS- SIONERS OF COLLIER COUNTY, FLORIDA, APPROVING THE ISSUANCE OF NOT EXCEEDING $2~;, 000 ,000 HOUSING FINANCE AUTHORITY OF COLLIER COUNTY MULTI-FAMILY REVENUE BONDS, SERIES 1989 (THE ROOKERY BAY APARTrolENTS PROJECT) PUF.SUANT TO CHAPTER 159, PART IV, FLORIDA STM UTES, AS AMENDED. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISS lONERS OF COLLIER COUNTY, FLORIDA. Section 1. Recitals. It is hereby found, ascertained, determined and declared that. A. The Housing Finance Authority of Collier County (the "Issuer") is a public corporation of the s;!:~e of Florida, was duly created by Home Rule Ordinance No. 80- b of the Board of County Commissioners of Collier County, Florida, and is body cor- porate and politic duly created and existing as a local govern- mental body and a pUblic instrumentality for the purpose of assisting qualifying housing projects situated in Collier 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 pur- poses. B. The Issuer has submitted to the Board of County Commis- sioners a copy of its Resolution, attached hereto as Exhibit "A" (the "Resolution"), with respect to the issuance by it of not ex- ceeding $25,000,000 Housing Finance Authority of Collier County Multi-Family Revenue Bonds, Series 1989 (the Rookery Bay Apart- ments Project) (the "Bonds"). C. A public hearing was held on the Resolution on February 14, 1989, which public hearing was duly conducted by the Issuer upon reasonable public notice, and at such hearing interested individuals were afforded reasonable opportunity to express their views, both orally and in writing, on all matters pertaining to the location and nature of the proposed leased equipment 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 tho Internal Revenue Code of 1986, a~ amended. E. The Resolution shows that the Issuer has acted in accor- dance with all applicable requirements of law, and that the e~..3 c?.,,1. / L...---" " l. Fe " ,;~,,- .11 ",I ~~" ~: MARCH 7., 1989 issuance of the Bonds will serve significant public purposes as provided in the Act. F. The purpose of the Act will be effect~vely 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 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 of the County 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 Growth Management Plan and all concurrency requirements contained therein. Section 3. Repealing Clause. All resolutions or orders and parts thereof in conflict herewith, to the extent of such con- flict, are hereby superseded and repealed. Section 4. Effective Date. This Resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED this 7.." 1989. day of M:n-t'h COLLIER COUNTY, FLORIDA ~.. 'c a rman of the Board of County Commissioners 'of Collier County, Florida /~~ fil. . ,d County eol ierCounty, Floriaa DAP/vab7592 Approved CIS to form & legol suffTclency .d. -d~. ~ L___ County Attorney, Qp. ~.3:J..I'l. ~