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Resolution 1997-470RESOLUTION 97- 4?0 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, APPROVING THE ISSUANCE OF NOT EXCEEDING 9,800,000 HOUSING FINANCE AUTHORITY OF COLLIER COUNT'f MULTI-FAMILY HOUSING REVENUE BONDS, SERIES 1997 (ARBOR VIEW APARTMENTS) PURSUANT TOCHAPTER 159, PART IV, FLORIDA STATUTES, AS AMENDED. BE IT RESOLVED BY THE BOARD OF CODT~TY CO~4ISSIONERS OF COLLIER COUNTY, FLORIDA: Section 1. Recitals. determined and declared that: It is hereby found, ascertained, A. 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. B. The Issuer has submitted to the Board of County Commissioners a copy of its Resolution (the "Resolution"), attached hereto as Exhibit A, with respec% to the issuance by it of not to exceed $9,800,000 Housing Finance Authority of Collier County Multi-Family Revenue Bonds, Series 1997 (Arbor View Apartments) (the "Bonds"). C. A Public hearing was held on the Resolution on December 8,1997 which public hearing was duly conducted by the Issuer upon reasonable public notice, a copy of said notice being attached as Exhibit A, to the resoluticns and at such hearing interested individuals were afforded the opportunity to express their views, both orally and in writing, on all matters pertaining to the location and nature of the proposed project and to the issuance of the Bonds. No person spoke or wrote in opposition to the project on the issuance of the Bond£. 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 the Internal Revenue Code of 1986, a~ amended. E. The Resolution shows that the Issuer has acted in accordance with all applicable requirements of law, and that the issuance of the Bonds will serve significant public purposes as provided in the Act. F. The purpose of the Act will be effectively 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 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 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 and the Collier County Land Development Code. Section 3. Repealing Clause. Ail resolutions or orders and parts thereof in conflict herewith, to the extent of such conflict, are hereby superseded and repealed. Section 4. Effective Date. This Resolution shall take effect immediately upon its adoption. PASSED A~;D ADOPTED THIS /~- day of .~ , 1997. (SEAL) ATTEST: Dwight' 0~-.~/~B~ock, Clerk ,'~.~ Deputy C~erk COLLIER COUNTY, FLORIDA Ti~othy~.~'h~n~o~k,-chairman Board df County Commissioners of Collier County, Florida Approved as to form and legal sufficiency: County Attorney