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Resolution 1999-464RESOLUTION 99- 464 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, APPROVING THE ISSUIMNCE OF NOT EXCEEDING $13,000,000 HOUSING FIN;d~ICE AUTHORITY OF COLLIER COUNTY MULTI- F;~.itL'..' HOUSING REVENUE BONDS, SERIES 2000 (SIERRA MEADOWS APARTME,'.;TS ) PURSUANT TO CHAPTER 159, PART IV, FLORIDA STATUTES, AS ~34k'NDED. BE iT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COU~T':', ,YLOR IDA: Section 1. Recitals. and declared that: I~ is hereby found, ascertained, determined A. The Housing Finance Authority of Collier County (the "issuer") ~:; a publ~c c.Lrl~orat~on of the State o[ Florida, '...'as duly created by Ordinance ~;c. ~0-46 o[ t;he Board of County Commi:~sioners of Collier CountV, Florida, and ~s a body corporate and politic duly created and exist:ng as a local 9o'/crnmental body and a public ~nstrumentality for th,~ i)u:'po~;,~ ~ ,~n:;i::t :n~3 qualifyin9 housing project~; ~ituated in Collier County, F]ori(Ja (the "County"), under and by virtue ,,~ Chapter 159, Part IV, Florida Star;eros, (the "Act"), to provide for th~ issuance of and to issue and sell its obligations for lawful purposes under the Act. P,. A public hearing was held by the Issuer r~n December 1, 1999 (the "P',~!;liu' }!eari:lg") which public hearing was du',y conducted by the issuer ul~o:; reasonable pub!ic notice, a copy of said notice being attach~,d hereto as Exhibit A, and at such hearing i~l ._~restcd individuals '..:ere affordc<i :k,. opportunity t.r> ~;<press their view[:, both orally and in writing, on all m~tters pertaining ~:o the locatio:: and nature of the proposed project and to the issuance of the Bonds. The Issuer has submitted to the Board of County Commissioners a c,..~titicd c©t>~,' o! an excerpt of. tile minutes o~ the Public Hearing, attached hc~to as Exhibit B, with respect to the i:;suance by it of not to exceed $lB,OOfi,000 Housing Finance Authority of Collier County Multi- Family ?e';e:n]e }4o:;d~, Series 1999 (Sierra Meadows Apartments) (the "Bo:~dn", . L. i?.,.~ ;:3;;uer has recommended and requested that the Board of Count'.,' Ccmm:.~:i:o:]ers approve the ~ssuance of the Bonds so that the interest on ',-he Bonds will be exempt from federal i:~come taxation under applicable provisions of Section 1.t7(a) of the Internal Revenue Code of !986, as amended. E. The ~onds shall not constitute a debt, liability or obligation of Collier O. unty, its Board of County Commissioners, officers, agents or emp!ovee~:, or the State of Florida or any political subdivision thereof, but shall be payable solely from the revenues provided therefore, and n~:ither the faith and credit nor any taxing power of Collier County, or the State of Florida or any political subdivision thereof is pledged to the payment of the principal of, premium, if any, and interest on the Bonds. No member of the Board of County Commissioners of Collier County or any officer, agent, or employee 16J2 thereo£ shall be liable personally on the Bond by reason of their I sstlaP. c~. Section 2. Approval of Issuance of the Bonds. The issuance of the Bonds is hereby appreved, however this approval shall in no way be deemed to abrogate any 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, all concurrency requirements contained therein, and the Collier County Land Development Code. Section 3. Repealing Clause. All resolutions or orders and parts '' .~,-~ ~ in con ~n to the e>:tent of such ,.'onfllct are hereby _n_~_o. fiict herewi~'~, ' ' , superseded and repealed. Section 4. Effective Date. immediately upon its adoption. This Resolution shall take effect PASSED ,:,,, ADOPTED THiS 14in day of December, i999 {SEAL} ATTEST: Dwight E. B:-c:"k, Clerk A[t .st Chairman's Approved as to form and legal sufficiency: David C. Weigel County Attorney COLLIER COUNTY, FLORIDA / ~amela S. Mac'Kie, Chairwoman Board o[ County Commissioners of Collier County, Florida /~//y//~ Nuples Dn!ty Nu~s ilsplea, FL 34102 Affidavit of Publicattcx~ Naple~. Daily Neus PICK',~ORTH, D~IALD P.A. NAPL£S FL. 3M03 010784 5796~458 ~otice of PuL~c Hear StDte of Florida County of Collier Before the undersigned authority, personally appeared B. Lamb, who ~n oath says that she serve~ es the Assistant Corporate Sacartery of the Naple~ Deity Hc-~s, a daily newspaper published at Naples, in Collier County, Florida: that the attached copy of advertising v~$ published in setd nagspaper on dates listed. Affiunt further says thut the said Naples Daily Neus is m newspaper published at Naples, in ~aJd Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier Co~ity, Florida, each day and has been entered es second class mail ~att~r at the ~st office in N~les, in said Collier County, Florida, for a period of 1 y~r n~xt precedi~ th~ first pub[icat~o~ of the attac~ copy of adverttse~nt; and affiant further says that ~he has neither paid nor promised any person, firm or coperation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. PUBLtSHED 0If: 11/16 All SPACE: 136.000 iNCH FILED ON: 11/16/99 ..... [6JP_ ' ' Notice O'f Pullc Hearing ,. Notice. is erebvglg'e~ fh¢.t the. l~rlty,~of ~111e~ C0ug)y (the "A~h~l~ ~c~11 condu~ o'l~ec~al. leefine.'a~;~llc he~/~O,Oq.geCe~er 1999'~t'2~ I ~.m.m ~e;~6un~ ~mlsl~ Chambers, Jhe follo~ ng pumo~ m .recmvl~ . ' ' ~st'of C.R, InJllol Owne~: Nicholson Liralied Po~rs~lp Fl~n~lng,Reaueste~ ,Nu~e~f,'unllH , SJ~e'o ;~ ~,,,~,, .,~ · , , .~ ~ · '~th ' -' (west.side of Sha~w~a~ Ave,. or Llnwooo and ~uth All: I~te[este~ per,ns ore I~[te~. t~ ~e~ti m: ,, H~I~ Fl~nce Author ty of.CoiJJe~ c/o Gone~l.~oUnse(, · 51~'N~'Te~bml Troll Sull~ 6d2 Naples,~d~;34107 , . . ~r"ten~o~m~n~.~ecelved In,aavpnc~,~f l~e ~ear~n~ a~.~al comm~Qts'~d~e at.the n~ari~o.are:ror the conSiderbrian at the ~umorltv and:wlfi n~;~l~d t~e. Au.. EXHIBIT A TO COUN'FY RESOLUTION {SIERRA MEADOWS) CEIITIFICATE OF RECOIlDING OFFICER I I IEI~EBY CF.I,~TI FY TI IAT: 16J? I. I am the duly appointed, qualified and acting Assistant Secretary of the t 1ousing Financc Authority of Collier County, l:h}rida and keeper of the records thereof, including the minutes of its proceedings 2. A meeting was duly convened on December 1, 1999, in conformity with all applic;tble requirements; a proper quorum was present throughout said meeting; thc motion hereinafter mentioned was duly proposed, considercd and adopted in conformity with applicable requirements; and all other requirements and procedures incident to lhe proper adoption of said motion have been duly fulfilled, carried out and otherwise observed; 3. I am duly authorized to execute this Certificate. 4. The following is a true and correct excerpt of the nfinutcs of said meeting: "There being no further discussion, (;hairman Conroy called for a motion approving bond issues for those projects the Authority felt should be induced. Member Tom Paltact moved, and Member T.M. Itayes seconded the following motion: That the Authority approve and induce both the Wild l'incs and Sierra Meadows projects for the issuance of tax-exe,npt bonds not exceeding $4 million for Wild Pines and $13 million for Sierra Meadows and submit both projects to the County Commission for approval. There being no further discussion on the motion, Chairman (.tonroy called for a vote, and the motion carried unanimously." as the same appear:; m the oft'~cial minutes and records of the Autholrity, which minutes arc on file and of record. I)ATliD this l stDay of (S~iAl,) December ,1999 I lousing Finance Authority of 0olli,~ounty, Florida EXI liltIT B TO COUNTY RESOLUTION (SII!RRA MEADOWS)