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Resolution 2007-331 RESOLUTION 2007. 331 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, APPROVING THE ISSUANCE BY THE HOUSING FINANCE AUTHORITY OF COLLIER COUNTY TAX. EXEMPT SINGLE.FAMIL Y MORTGAGE REVENUE BONDS, (FOUNTAIN LAKES PROJECT) PURSUANT TO CHAPTER 159, PART IV, FLORIDA STATUTES, AS AMENDED. WHEREAS, the Housing Finance Authority of Collier County (the "Issuer") is a public corporation of the State of Florida, was duly created by Ordinance No. 80-66 of the Board of County Commissioners of Collier County, Florida, and is a body corporate and politic duly created and existing as a local governmental 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 purposes under the Act; and WHEREAS, as set forth in the resolution of the Authority described below, Fountain Lakes Residential Cooperative Corporation, a Florida non-profit corporation, for and on behalf of itself and/or its related entities (the "Company"), has requested the Authority to issue its Single Family Mortgage Revenue Bonds in an initial principal amount not to exceed $25,000,000 (the "Bonds") for the benefit of the Company and to loan all or a portion of the proceeds thereof to the Company to finance the costs of the Project, as defined herein; and WHEREAS, the "Project" shall consist of the acquisition, construction and equipping of approximately 150 single family residential housing units to be occupied by persons of low and moderate income or who are otherwise "eligible persons" as defined by applicable regulations; and WHEREAS, the Authority caused notice of a public hearing to consider approval of the Bonds and the location and nature of the Project to be financed with the proceeds of the Bonds to be published on October 29,2007 in the Naples Daily News, a newspaper of general circulation in the County, and a copy of said notice is attached as Exhibit A (the "Notice") to the Authority Resolution described below; and WHEREAS, the Authority held a public hearing on November 14, 2007, pursuant to the Notice and has adopted its Resolution 2007-1 (the "Authority Resolution"), a copy of which is attached hereto as Exhibit A, approving the issuance of the Bonds and recommending and requesting 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 the Internal Revenue Code of 1986, as amended; and WHEREAS, Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code"), provides that the elected legislative body of the governmental unit which has jurisdiction over the area in which the facility financed with the proceeds of tax exempt bonds is located is to approve the issuance of such bonds after a public hearing; and WHEREAS, the Board of County Commissioners of Collier County, Florida (the "Board") is the elected legislative body of the County; and WHEREAS, for the reasons set forth above, the Board desires to approve the issuance of such Bonds for the purposes of Section 147(f) of the Code. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: Section 1. Approval of Issuance of the Bonds. This Board hereby approves the issuance of the Bonds by the Authority for the purposes of Section 147(f) of the Code. The Bonds shall not constitute a debt, liability or obligation of Collier County, its Board of County Commissioners, officers, agents or employees, or the State of Florida or any political subdivision thereof, but shall be payable solely from the revenues provided therefor, and neither ClOocllnJelUS and Scrtings\kathYlllIutinslln\Local SettinllslTernponllY llIfeme1 File,\OLK21 E\BCC Res,doc 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 or employee thereof shall be liable personally on the Bonds by reason of their issuance. This approval shall in no way be deemed to abrogate any regulations of Collier County applicable to the project and the project shall be subject to all such regulations, including, but not limited to, the Growth Management Plan, the land development regulations, and all concurrency requirements of the appropriate jurisdiction. Section 2. Effective Date. This Resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED THIS 27th day of November, 2007. (SEAL) ATTEST:, ,"; ':" Dwight E. Brock, Clerk" B:}~\A~iJ~.;~~~ AtusPif!f'o~' Slgft.turt'o.t.." ~ · COLLIER COUNTY, FLORIDA By:..fl~ ~ :.James Coletta, Chairman Board of County Commissioners of Collier County, Florida Approved as to form and legal sufficiency: ~~kei~ County Attorney C:\OocumeOIS and Seniogs\kalbYllIIIninsoo\Local ScttiogslTcmponuy lm.meT FilesIOLK21E\BCC Res.d""