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  County Administrator's Report     13. 2.    
BCC Regular Meeting Budget & Finance Consent  
Meeting Date: 09/20/2018  
Issue:    Adoption of Resolution–TEFRA Approval for Escambia County HFA Multifamily Housing Revenue Bonds | Taylor Pointe Apartments in Indian River County, FL
From: JoLinda Herring
Department: Bryant Miller Olive P.A.  
CAO Approval:

RECOMMENDATION:

Recommendation Concerning Multi-family Housing Revenue Bonds for a Multi-Family Rental Housing Project (Taylor Pointe Apartments Located in Indian River County, Florida) - JoLinda H. Herring, Bryant Miller Olive P.A. and Patricia D. Lott, Executive Director, Escambia County Housing Finance Authority

That the Board adopt the Resolution approving the plan of finance therein described and the issuance and sale of not exceeding $16,000,000, Multi-family Housing Revenue Bonds (the “Bonds”) by the Escambia County Housing Finance Authority (the “Authority”) to be used to finance or refinance the Taylor Pointe Apartments located in Indian River County, Florida.

BACKGROUND:

Vero Beach Leased Housing Associates III, LLLP, a Minnesota limited liability limited partnership, or its affiliate (the ”Borrower”), has requested that the Authority issue the Bonds to finance or refinance the acquisition, upgrading, reconditioning, rehabilitation, improving and beautification by the Borrower of an existing 168-unit multi-family rental housing facility (and associated capital expenditures) (the “Taylor Pointe Apartments”) within the territorial limits of Indian River County, Florida, and to pay certain costs of issuance in connection therewith. A minimum of $25,000 per unit will be expended for rehabilitation of the complex.  After an extensive review of the bond application filed by the Borrower, on June 25, 2018 the Authority formally approved Bond Inducement Resolution 2018-02 providing for the issuance of not to exceed $16,000,000 in multifamily housing bonds in support of Taylor Pointe Apartments. 

Because the proposed financing will involve tax-exempt bonds, Federal law requires that public hearings be approved by elected officials following public hearings in both the county where the facility is located (Indian River County) and in Escambia County.  The Indian River county public hearing was noticed in the Indian River Press Journal on August 25, 2018 and was subsequently held by the Indian River County Board of County Commissioners (the “Indian River Board”) on September 11, 2018.  After concluding the public hearing, the Indian River Board adopted a resolution evidencing its support for the issuance of the Authority’s bonds to assist Taylor Pointe Apartments.

Concurrent with the Indian River Board approval process, a local public hearing, noticed in the Pensacola News Journal on August 19, 2018, was conducted by the Authority, on behalf of the Escambia County Board of County Commissioners on September 5, 2018 at 3:00 pm.  The results of the September 5, 2018 hearing have been provided to the Escambia County Board in the form of the Report of Hearing Officer attached to the Resolution as Exhibit A. 

Under the terms of standard financing documents, the Borrower is responsible for use and operation of the facilities to be financed, and the Bonds will not obligate the credit of the Authority or the County or pose any obligation or liability for the County.  Bryant Miller Olive, P.A., the County’s Bond Counsel, will serve as Bond Counsel and Disclosure Counsel for the issue. 

BUDGETARY IMPACT:
The Authority does not receive funds from the County, and no funds of the County are expended in connection with the Taylor Pointe Apartments or the Bonds.
LEGAL CONSIDERATIONS/SIGN-OFF:
The County’s Bond Counsel, Bryant Miller Olive P.A., will review the documents on behalf of the County to ensure that the County has no liability or obligation under the Bonds, and, to the extent required, the County’s Disclosure Counsel, Nabors, Giblin & Nickerson, P.A., will review the documents on behalf of the County to insure federal and state law disclosure requirements are satisfied to assure the County’s interests are protected.

The Resolution has been reviewed and approved as to form and legal sufficiency by County Attorney, Alison Rogers.
PERSONNEL:
None.
POLICY/REQUIREMENT FOR BOARD ACTION:

The Bonds will comply with the Board's requirements for the issuance of conduit bonds, as established in the Conduit Bonds Ordinance.

The Taylor Pointe Apartments will improve the prosperity and welfare of the State of Florida and its inhabitants by encouraging the development and preservation of affordable, decent, safe, and sanitary housing.

Approval of the Taylor Pointe Apartments will allow the Authority to comply with its statutory mission to assist persons in obtaining safe and adequate housing.

IMPLEMENTATION/COORDINATION:
None.

Attachments
Resolution

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