HomeMy WebLinkAbout1997-145 �.. 1033659 97 DEC 18 PM 3:22
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RESOLUTION NO.9L-145 IChICI WRt�t1RT
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A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA,
n11� AUTHORIZING THE ESCAMBIA COUNTY HOUSING
I FINANCE AUTHORITY TO OPERATE WITHIN THE
BOUNDARIES OF INDIAN RIVER COUNTY; AUTHORIZING
THE BOARD TO ENTER INTO AGREEMENTS WITH THE
ESCAMBIA COUNTY HOUSING FINANCE AUTHORITY AND
TO EXECUTE AND DELIVER CERTAIN DOCUMENTS AND
INSTRUMENTS IN CONNECTION THEREWITH; APPROVING
A FORM OF INTERLOCAL AGREEMENT; APPROVING THE
ISSUANCE BY THE ESCAMBIA COUNTY HOUSING FINANCE
AUTHORITY OF NOT EXCEEDING $70,000,000 SINGLE
FAMILY MORTGAGE REVENUE BONDS, SERIES 1998
(MULTI-COUNTY PROGRAM), PURSUANT TO SECTION
1470 OF THE INTERNAL REVENUE CODE OF 1986, AS
AMENDED;AND PROVIDING AN EFFECTIVE DATE.
WHEREAS,Chapter 159, Part IV, Florida Statutes(the "Act") authorized counties to create
.qk housing finance authorities to exercise powers of the Act within their boundaries or outside their
�) boundaries with the consent of the governing body of the territory outside their area of operation;and
WHEREAS, the Board of County Commissioners of Escambia County, Florida, on May 29,
1980, adopted Ordinance No. 80-12, by which it created the Escambia County Housing Finance
Authority(the"Authority")and authorized the Authority to exercise all powers under the Act; and
and WHEREAS,there is no housing finance authority currently operating in Indian River County;
WHEREAS, pursuant to the Act the Board of County Commissioners of Indian River County,
Florida, has found a shortage of affordable housing and capital for investment therein and a need for a
housing finance authority to function in Indian River County;and
WHEREAS, it is not practicable at this time under existing Florida and federal laws and
regulations for a single local agency to issue its bonds for the purpose of implementing a single family
housing program, although the shortage of such single family housing and capital for investment
therein is continuing in Indian River County; and
WHEREAS, the Authority has by resolution duly adopted on July 1, 1997 (the "Escambia
Resolution") authorized a plan of finance for the issuance from time to time of not exceeding
$70,000,000 Single Family Mortgage Revenue Bonds, initially designated as (Multi-County Program)
Series 1998 (the "Bonds"), and has indicated to the Board of County Commissioners of Indian River
County its willingness to exercise its powers in Indian River County to finance single family housing
therein as permitted by the Act upon approval of the Board of County Commissioners of Indian River
County;and
;1 WHEREAS, Section 147(f) of the Internal Revenue Code of 1986, as amended (hereinafter
referred to as the "Code") requires public approval of certain private activity bonds and the plan of
V finance therefor by an applicable elected representative or governmental unit following a public hearing
and the Board of County Commissioners of Indian River County, Florida(the"Board")constitutes an
applicable elected representative or governmental unit; and CD
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WHEREAS,pursuant to Section 147(f)of the Code a public hearing was scheduled before the m
Board fore hnn 0 , 1997, at q..W _L.m. and notice of such hearing was given in the form
required by the Code by publication more than 14 days prior to such hearing; and
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WHEREAS, the Board has on December 9 , 1997, held the public hearing and provided at
such hearing reasonable opportunity for all interested individuals to express their views, both orally
and in writing, on the issuance of the Bonds; and
WHEREAS, the Board diligently and conscientiously considered all comments and concerns
expressed by such individuals;and
WHEREAS, the Board desires to express its approval of the action to be taken pursuant to the
Escambia Resolution and Chapter 159,Part IV, Florida Statutes,and as required by Section 147(f) of
the Code;
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA:
Section 1. Because of the continuing shortage of affordable single family housing and
capital for investment therein in Indian River County and the continuing impediments to a bond issue
to alleviate such shortages as to single family housing, it is hereby determined that the Board of
County Commissioners of Indian River County consents to the Authority exercising its powers to issue
the Bonds and to implement a plan of finance to provide capital from sources of funds available to the
Authority, including but not limited to a portion of the proceeds of the Bonds, and proceeds of
obligations refunded by the Bonds, to establish a program to finance Mortgage Loans for single family
housing within the statutory boundaries of Indian River County("Mortgage Loans");provided,that the
Authority and Indian River County first enter into a written agreement setting forth the powers, duties
and limitations of the Authority as they pertain to the use of said bond proceeds within Indian River
County and payment of the issuance costs for such Bonds.
Section 2. In furtherance of the purposes set forth in Section 1 hereof the Chairman or
Vice-Chairman and Clerk or Deputy Clerk of the Board of County Commissioners of Indian River
County are hereby authorized to execute such consents, intergovernmental agreements, applications of
other documents as shall be required to implement such single family housing program and to provide
for payment of Indian River County's proportionate share of costs of the costs thereof, including but
not limited to the costs of issuance of such Bonds, all as shall be approved by counsel to Indian River
County.
Section 3. The Interlocal Agreement, in substantially the form attached hereto as Exhibit
"A", and made a part hereof, between Indian River County and the Authority is hereby approved. The
officers of Indian River County are, hereby authorized to enter into such Interlocal Agreements on
behalf of Indian River County, with such changes not inconsistent herewith as the officers executing
same may approve, such execution and delivery to be conclusive evidence of such approval. The
appropriate officers of Indian River County are hereby further authorized to execute and deliver such
other documents and instruments as may be necessary to implement such Interlocal Agreements,
including,without limitation,application for up to the maximum available private activity bond volume
allocations pursuant to Chapter 159, Part VI, Florida Statutes, for the purposes set forth in the
Interlocal Agreement.
Section 4. The Board hereby approves, within the meaning of Section 147(f)of the Code,
the Authority's plan of finance and the issuance by the Authority from time to time of not exceeding to
$70,000,000 Single Family Mortgage Revenue Bonds, initially designated Series 1998 (Multi-County fil
Program)for funding the Authority's program for Mortgage Loans,and such other action to be taken IV
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pursuant to the Escambia Resolution or Chapter 159, Pan IV, Florida Statutes. erg
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Section S. All resolutions or parts thereof of the Board in conflict with the provisions �D
herein contained are, to the extent of such conflict,hereby superseded and repealed. p
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Section 6. Adoption of this Resolution does not authorize or commit the expenditure of
any funds of Indian River County to pay the costs of issuance of such Bonds.
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SeMlon 7. This Resolution shall take effect immediately upon its adoption.
Duly adopted in the session this 9 day of December , 1997,
INDIAN RIVER COUNTY, FLORIDA
By:
(SEAL) Chairm Board ofty
Commi loners Ca yn K. Eggert
ATTEST-.+oN1 R�
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MCL-09/17/97.6Mfor,pore .4_
Exhibit"A"
FORM OF
INTERLOCAL AGREEMENT
THIS AGREEMENT made and entered into this 9 day of December , 1997, b
and between the ESCAMBIA COUNTY HOUSING FINANCE AUTHORITY, a public body
corporate and politic organized and existing under the laws of the State of Florida(hereinafter referred
to as the "Escambia Authority"), and INDIAN RIVER COUNTY,FLORIDA, a political subdivision
of the State of Florida(hereinafter referred to as the "Participating County");
WITNESSETH:
WHEREAS, Part IV of Chapter 159 of the Florida Statutes authorizes the creation of housing
finance authorities within the State of Florida(the "State") for the purpose of issuing revenue bonds to
assist in relieving the shortage of housing available at prices or rentals which many persons and
families can afford;and
WHEREAS, the Escambia Authority has resolved to issue(at one time or from time to time)
not exceeding$70,000,000 Single Family Mortgage Revenue Bonds, initially designated as Series 1998
(Multi-County Program)(the"1998 Escambia Bonds");and
WHEREAS, pursuant to Sections 143 and 146 of the Internal Revenue Code of 1986, as
amended (the "Code"), the amount of Mortgage Subsidy Bonds which may be issued in each year is
limited by a private activity volume cap which has been established for such purpose within the State;
and
WHEREAS, the limitations upon available portions of the volume cap prevent the separate
issuance of bonds for each county from being feasibly and economically accomplished;and
WHEREAS, the Escambia Authority has authorized a sufficient amount of 1998 Escambia
Bonds to fund, or to refund or refinance obligations, the proceeds of which will be used to fund, a
portion of the anticipated demand during the proposed Origination Period for qualifying single family
mortgages of both Escambia County and Indian River County, as well as certain other counties which
may also participate in a joint bond program; and
WHEREAS,the aggregation of mortgage loan demand and the securing of the related amount
of the cummulative State volume cap(the"Allocation Amount")granted by the State through 1998(the
"Authorization Period") for the purpose of issuing bonds to finance qualifying single family
development (the "Bonds") will result in a wider allocation of fixed expenses and certain other
economies of scale;and
WHEREAS, unless such economies are realized, the issuance of Mortgage Subsidy Bonds
would be less economical, resulting in higher mortgage costs to qualified mortgagors;and Z
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WHEREAS, Sections 159.603 and 159.604, Florida Statutes, authorize Indian River County C11
to approve the issuance of revenue bonds through the Escambia Authority to alleviate the shortage of 41
affordable housing within the Participating County,which approval has been granted by a resolution of p
the Board of County Commissioners of the Participating County adopted on December 9 1997 (the fV
"County Resolution");and
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WHEREAS, Sections 163.01, 159.608 and 125.01, Florida Statutes, and the County
Resolution authorize this Agreement by conferring the authority to exercise or contract by agreement
upon the Escambia Authority to exercise those powers which are common to it and the other parties
hereto and to include the Participating County within the Escambia Authority's area of operation
pursuant to Florida Statutes, Section 159.603(1) for the purpose of issuing bonds based on the
Allocation Amount to(1)make available funds to finance qualifying single family housing development
located within the Participating County in accordance herewith, (2)establish the reserves therefor,and
(3)pay the costs of issuance thereof(collectively, the"Program").
NOW THEREFORE,the parties agree as follows:
Section 1. Allocation Amount;Subetitutioa of Bonds. The Participating County hereby
authorizes the Escambia Authority to issue, reissue, remarket or refund Single Family Mortgage
Revenue Bonds from time to time based on the Allocation Amount through the Authorization Period
for the purpose of financing the program and making funds available for qualifying single family
housing developments in the Participating County to the full extent permitted by the Act. Any
Escambia Bonds issued, reissued, remarketed or refunded for such purposes in the Participating
County are hereby deemed to be in full substitution for an equivalent principal amount of the
Participating County's bonds which could have been issued for such purpose. The Participating
County hereby authorizes the Escambia Authority to utilize the Participating County's Allocation
Amount on behalf of the Participating County as part of its plan of finance for the purpose of financing
the Program, including, among other things, funding of qualifying single family mortgages in the
Participating County, and the Escambia Authority is hereby designated as the bond issuing authority
for the Participating County through the end of the Authorization Period with respect to all Allocation
Amounts. The proceeds of the Bonds shall be allocated and applied to the funding or refinancing or
refunding of obligations, the proceeds of which will be used for the funding, of mortgage loans within
the various Participating Counties and for reserves and the payment of costs of issuing the Bonds, all
in accordance with final program documents approved by the Escambia Authority. All revenues
generated by bonds issued pursuant to this Agreement and by the use of the proceeds thereof, will be
administered by the Escambia Authority or its agents and all payments due from such revenues shall be
paid by the Escambia Authority or its agents without further action by the Participating County.
Section 2. Administration. The Escambia Authority hereby assumes responsibility for
administering this Agreement by and through its employees, agents and officers; provided, however,
that the Participating County retains and reserves its right and obligation to require reasonable
reporting on programs designed for and operated within the Participating County, including, but not
limited, to, reasonably available mortgagor or profile data. The Escambia Authority and its agents
shall provide the Participating County with such reports as may be necessary to account for funds
generated by this Agreement.
The Escambia Authority shall have full authority and responsibility to negotiate, define,
validate, market, sell, issue, reissue deliver, refund or remarket its Bonds in the maximum Allocation
Amount, based upon mortgage loan demand and available Allocation Amounts, permitted by law to
finance qualifying single family housing developments in the Participating County and to take such
other action as may be necessary or convenient to accomplish such purpose. Each Participating m
County may apply for the full allocation amount available for such County. It is agreed that the initial
regional Allocation Amount for 1998 for the Bonds in Indian River County and other Participating
Counties located within the same bond volume allocation region under Section 159.804, Florida
Statutes, shall be allocated ratably between Indian River County and such other Participating Counties tD
within such region based upon lender demand. All lendable proceeds of the Bonds attributable to the 1V
mortgage loan demand in Indian River County shall be reserved for use in originating mortgage loans
in Indian River County for an initial period of 120 days.
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The issuance and administration costs and expenses related to the Bonds issued to finance the
housing program and administration of such program shall be paid from proceeds of the Bonds and
revenues generated from the housing program.
Section 3. Program Parameters. (a) Upon request of the Escambia Authority, the
Participating County shall,to the extent permitted by law, (i)approve, establish,and update, from time
to time as necessary,upon the request of the Escambia Authority, such program parameters including,
but not limited to, maximum housing price and maximum adjusted family income for eligible
borrowers, as may be required for any bonds issued by the Escambia Authority pursuant to this
Agreement and (ii) approve the allocation of mortgage loan moneys for each Participant offering to
originate Mortgage Loans within the Participating County. Unless otherwise notified in writing by the
Participating County, the Escambia Authority may from time to time approve and establish such
maximum price and family income amounts at the maximum levels provided pursuant to the Code
without further action of the Participating County.
(b) The fees and expenses of the Participating County shall be paid from the proceeds of
the program in the manner and to the extent mutually agreed upon by the officials of the Participating
County and the Escambia Authority at or prior to issuance of the 1998 Escambia Bonds.
Section 4. Term. This Agreement will remain in full force and effect from the date of
its execution until such time as it is terminated by any party upon 10 days written notice to the other
party hereto. Notwithstanding the foregoing, it is agreed that this Agreement may not be terminated
by the Participating County during the Authorization Period, or by any party during any period that
the Bonds issued pursuant to the terms hereof remain outstanding, or during any period in which the
proceeds of such Bonds(or investments acquired through such proceeds) are still in the possession of
the Escambia Authority or its agents pending distribution, unless either (1) the parties to this
Agreement mutually agree in writing to the terms of such termination or (2) such termination, by its
terms, only applies prospectively to the authorization to issue Bonds for which no Allocation Amount
has been obtained or used by the Authority and for which no purchase contract has been entered into.
It is further agreed that in the event of termination the parties to this Agreement will provide
continuing cooperation to each other in fulfilling the obligations associated with the issuance of bonds
pursuant to this Agreement.
Section S. Indemnity. To the full extent permitted by law, the Escambia Authority
agrees to hold the Participating County harmless from any and all liability for repayment of principal
of and interest or penalty on the Bonds, and the members and officials of the Participating County
harmless from any and all liability in connection with the approval rendered pursuant to Sections
159.603 and 159.604, Florida Statutes. The Escambia Authority agrees that any offering, circular or
official statement approved by and used in marketing the 1998 Escambia Bonds will include a
statement to the effect that Bondowners may not look to the Participating County for payment of the
Bonds and interest or premium thereon. c
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W WITNESS WHEREOF, the parties to this Agreement have caused their names to be
-Y{ited relo, / the proper officers thereof as of the 9 day of December , 1997.
ESCANBIA COUNTY HOUSING
FINANCE AUTHORITY
BY
INDIAN RIVER COUNTY, FLORIDA
By:
Chair Car K. Eggert
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(SEAL)
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OFFICE OF COUNNATTORNEY CHA1ua..VIruNAC
oc BOARD OF COUNTY COMMISSIONERS County Aemoy
INDIAN RIVER COUNTY
t 1840 35th Strut, Vero Beach,Florida 33960 WILLIAM e.doctors II
aWh County Attorney
Telephone: (407)567.8000, Ext. 434
Suncom. 324-1424 nRasNcs P.01811IN
Fax: (407) 770.5095 A....aunty A"o ney
SHARON PHILLIPS/atNNAN
Aw.County Anereey
Escambia County Housing William R.Hough 8t Co.
Finance Authority St.Petersburg,FL
_. Pensacola,FL
Miller,Canfield,Paddock and Stone,P.L.C.
Pensacola,FL
Re: Escambia County Housing Finance Authority
Single-Family Mortgage Revenue Bonds
Seria 1998(dated )
Ladies and Gentlemen:
I have acted as attorney for Indian River County, Florida (the "County") in connection with the
issuance and sale by the Escambia County Housing Finance Authority(the"Authority")of the above-
captioned Bonds(the "Bonds*),the adoption of a resolution on December 9, 1997(the "Resolution%
by the Board of County Commissioners (the "Board")of the County approving the issuance of the
Bonds and authorizing the Authority to expand its area of operation to include the County for
purposes of this bond issue,and the execution and delivery of an Interlocal Agreement between the
County and the Authority dated as of December 9, 1997, in connection with the issuance of the
Bonds. The County has entered into the Interlocal Agreement because no Housing Finance Authority
for the County is currently active.
I am of the opinion that:
1. The Resolution has been duly and validly adopted by the Board,has not been amended,modified,
or repealed since its adoption and constitutes the legal and valid act of the County enforceable in
accordance with its terms.
2. The Interlocal Agreement has been duly authorized and delivered by the County and,assuming
the proper authorization,execution,and delivery thereof by the Authority,constitutes a legally
valid and binding agreement of the County enforceable in accordance with its terms.
Sincerely,
Charles P.Vitunae
County Attorney
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