Ordinance 80-066 ORDINANCE NO. 80-66 REC~EIYED
ORDINANCE CREATING THE HOUSI?~ ~/~I~CEpH
AUTHORITY OF COLLIER COUNTY, FL'ORIDAI'"
PROVIDING A DECLARATION OF NEED} PROVID-
ING FOR THE EXERCISE OF ALL POWERS
AUTHORIZED BY THE FLORIDA
FINANCE AUTHORITY LAW;
OPERATIONS WITHIN THE COUNTY}~INP.~:L~II31NG'~,FLORIDA
FOR THE ISSUANCE OF REVENUE BONDS~
PROVIDING FOR THE ORGANIZATION OF THE
AUTHORITY; PROVIDING FOR THE APPOINT-
MENT OF MEMBERS; PROVIDING FOR THE
ALTERATION OF THE AUTHORITY~S ACTIVI-
TIES BY THE COUNTY~ PROVIDING SEVER-
ABILITY, AND AN EFFECTIVE DATE.
WHEREASt the Legislature in Chapter 159, Part IV, Florida Statutasl
known and cites as the "Florida Housing Finance Authorlty Law" (the "Act"),
found and declared that:
(1) Within this state there Is 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.
This shortage constitutes · threat to the health, safety,
morals, and welfare of the residents of the statet deprives
the state of an adequate tax base~ and causes the state to
make excessive expenditures for crime prevention and control,
public health, welfare, and safety~ fire end accident protec-
tion, and other public services and facilitles.
(2)Such shortage cannot be ralleved except through the eocour-'~
agement of investment by private enterprise and the ~ula-
u,etl°n °f c°nstructi°n and rehabllltati°n °f h°uslng thr°ul; '~'~"l~"*theof public financing.
(3) The financing, acqulsition~ construction, reconstructlon~
rehabilitation of housing and of the real and personal p~ope~
ty and other facilities nacessary~ Incidental, and appurtena .n.~,.~.
thereto era excluslvely public uses end purposes for which~
public money may be spant~ advanced, Ioaned~ or granted
and are governmental functions of' public concern.
WHEREAS~ the Act authorizes each county in the state to create by
ordinance a separate public body corporate and politic to be known as the
"Housing Finance Authority" of the county for whlch It was created; and
WHEREAS, pursuant to the Act, a housing finance authority may not
transact any business or exercise any powers under the Act until the govern-
ing body of the county for which such houslng finance authority is created
passes a resolution declaring the need for a housing finance authority to
function to alleviate a shortage of housing and capital for Investment in
housing In its area of operationl
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY~ FLORIDA:
Section 1. This Ordinance is enacted pursuant to the Florida Housing
Finance Authority Lawt Chapter 159~ Part IV~ Florida Statutes.
Section 2. The Collier (~ounty Board of County Commlsslonars finds and
declares that:
(1) Within this county there Is e shortage of housing available at prices
or rentals which many persons and families can afford and · shortage of
capital for investment in such housing. This shortage constitutes · threat to
the health~ safety, morals and welfare of the residents of the county~ de-
prives the county of an adequate tax base~ and causes the county to make
excessive expenditures for crime prsventlon and control~ public health~ wel-
fare and safety~, fire and accident protection~ and other public services and
facilities.
(2) Such shortage cannot be relieved except through the encourage-
ment of investment by private enterprises end the stimulation of construction
and rehabilitation of housing through the use of public financing.
(3) The financlng~ acquisltlon~ constructlon~ reconstructlon~ and re-
habilitation of housing end of the real and personal property and other faclll-
tles necessary~ lncldental~ and appurtenant thereto ara exclusively public
uses and purposes for which public money may be spent~ advanced~ Ioanedt
or granted and ara governmental functions of public concern.
(4) The Congress of the Unlted States has/ by the enactment of amend-
ments to the Internal Revenue Code of 1954~ found and determined that
housing may ba financed by means of obligations Issued by any state or local
governmental unlt~ the Interest on which obligations Is exempt from federal
Income taxatlon~ and has thereby provided I method to aid state and local
governmental units to provide assistance to meet the need for housing.
(5) The Leglslature of the State of Florida has/ by enactment of Chapter'
78-89~ Laws of Florlda (Chapter 159~ Part IV)~ found and determined that
local housing finance authorities are the proper means by which countles may
avail themselves of the above amendments to the Internal Revenue Code and
thereby assist In meeting local need for housing.
Section 3. There Is hereby created a separate public body corporate
and politic to be known as the Houslng Finance Authority of Collier County~
Florida, referred to as the "Authority% which Is directed to carry out and
exercise~ without Ilmltatlon except as Is herein expressly stated~ all powers
and public and governmental functions set forth in and contemplated by the
Act, and subject to all limitations and prescriptions set forth in the Act.
The Authority shall have the power to make and issue such regulatlonst
bylaws and rules as It deems necessary to Implement its powers and functions.
Section 4, The Authority shall be composed of five (5) membere~ bna
(1) of whom shall be designated chairperson. Not less than three (3) of the
members shall be knowledgeable In one of the following fields: labor~ finance
or commerce. The terms of the members shall be four (4) years each~ except
that the terms of the initial members shall be es follows', two (2) members
shall serve a term of one (1) year'; one (1) member shall serve a term of two
(2) years; one (1) member shall serve a term of three (3) yeers~ and one (1)
member shell serve a term of four (4) years, A member shell hold office
until his successor has been appointed and has qualified, Each vacancy shell
be filled for the remainder of the unexpired term. Each member of the
Authority shall take and subscribe the oath or affirmation required by the
State Constitution. A rocord of oach such oath shall be flied tn the office of
the Clerk of the Clrcuit Court and the certificate of the appointment or
reappolntment of any member shall ba filed with the Clerk of the Clrcult
Court, and the certificate shall be conclusive evidence of the due end proper
appolntment of the member. A member shall receive no compensation for
services, but shall be entitled to necessary axpensest Including travelling
expenses~ Incurred in the discharge of hie dutles.
Section 6. The powers of the Authority granted by the Act~ subject to
the limitations contained hereln, shall be vested In the members of the
Authority in office from time to tlme. Three (3) members shall constitute a
quorum, and action may bm taken by the Authority upon a vote of a majority
of the members present. The Authority may employ such agents and
employees. The Authority may delegate to an ag~t or employee such powers
or duties as It may deem proper and may employ Its own legal counsel.
Section 7. The County may~ at its sole dlscretlon, and at any time,
alter or change the structure~ organlzattons~ programs or activities of the
Authority~ Including the power to terminate the Authorlty~ subject to any
limitation on the Impairment of contracts entered into by the Authority and
subject to the limitations or requirements of the Act.
~ctlon 8. Untll the members of the Housing Finance Authority are
appolnted~ the Board of County Commlssloners of Colller county~ Florlda~ by
which this Housing Finance Authority ls created~ shall carry out the powers
or a Housing Finance Authority under thle Ordh~ance. The Chalrman of the
Board of County Commlssloners shall be Chal~an of the Housing Finance
Authority; however~ the Board of County Commissioners shall not delegate its
authority to the Chalrman under thls provision.
Section 9. If any sectlon~ subsection~ sentence~ clause or pmvlslon
this ordinance is held invalid, the ~malnder of this ordinance shall not be
affected by such Invalidity.
Section 10. This ordinance shall become effective as provided by general
law.
ADOPTED this 29th day of O'ul~
1980.
ATTEST: BOARD OF COUNT~ COHI4ISSIOI~RS
~/ILLIA~! 3. REA6AN, CL£PJ( COLLIER CO~ F~IDA
, . ~,~,~
~.~' .~ ~' ~-~
.....-..
': ' ,~,:'~*-. ~s o~nsnoe ~[ed ~th the See~e=e~ o~
~/.~/~-o '.~)~,.~: .....
.... · ~...,: OEE[ee the 7th de~ o~ A~us~ [980 end ~eknow[ed~e-
?~['~/~80 ..' .'c. ~ent o~ thst ~[[n~ ~eoetved this [3th day
Depu~CZe~
STAT~- OF FLORIDA )
COUNTY OF COLLIER )
I, WILLIAM J. REAOAN, Clerk of Courts in and for tho
~wentieth ~udicial Circuit, Collier County, Florida, do.hereby
certify that the fore~oin~ ks a ~e original of~'
O~DINANCE NO. 80-66
Regular Session July 29 , 1980.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this ~
~ay of .. Au~us~' _, 1980.
wILLIAM J. R~AGAN',
.Clerk o£ Court8 and Clerk
· Ex-o£f~cio to Boaff~ o£
County~iss~oners , . ~'
~epu~F~ erk ,-~ - ".
. . ,......,
, ' ~ ,~ , ' .
~', ~, '~ . .,g'~ ,: ~
, ~:'.. ',.,.; ...' .~:-