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  County Administrator's Report     14. 1.    
BCC Regular Meeting Technical/Public Service Consent  
Meeting Date: 05/17/2018  
Issue:    Adoption of Resolution–Escambia County HFA Multifamily Housing Revenue Bonds-Affordable Housing Project (Springhill Apartments in Madison County, FL)
From: JoLinda Herring
Department: Bryant Miller Olive P.A.  
CAO Approval:

RECOMMENDATION:

Recommendation Concerning Multifamily Housing Revenue Bonds for Affordable Housing Project (Springhill Apartments located in Madison County, Florida) - JoLinda Herring, Bryant Miller Olive P.A. and Patricia D. Lott, 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 $5,500,000 multi-family housing revenue bonds (the “Bonds”) by the Escambia County Housing Finance Authority (the “Authority”) to be used to finance or refinance the Affordable Housing Project located in Madison County, Florida.

 

BACKGROUND:

Springhill Apartments, LLC, a Florida limited liability company or its affiliate (the ”Borrower”), has requested that the Authority issue the above-referenced Bonds to finance or refinance the acquisition, upgrading, reconditioning, rehabilitation, improving and beautification by the Borrower of an existing multi-family rental housing facility (and associated capital expenditures) (the “Affordable Housing Project”) within the territorial limits of Madison County, Florida, and to pay certain costs of issuance in connection therewith.  A minimum of $35,000 per unit will be expended for rehabilitation of the complex.  

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 (Madison County) and in Escambia County.  Both the Madison County Board and the Escambia Board previously approved this project by Madison County Resolution 2015-12-09 and Escambia County Resolution 2015-171, on December 9, 2015 and December 10, 2015, respectively.  After a number of attempts to secure highly competitive State Apartment Incentive Loan (“SAIL”) and 4% housing tax credit financing through Florida Housing Finance Corporation (“FHFC”), dating back to 2012, the Affordable Housing Project was selected for funding by FHFC in December 2017.

The Borrower has requested the Authority to work to update the various approvals concerning the multifamily housing bonds.  It is expected that the proceeds of the bonds will be used along with the SAIL financing from FHFC, syndication of 4% tax credits, and long-term financing from the U.S. Department of Housing and Urban Development, to fully fund the costs of the plan of finance.

Accordingly, the Madison Board conducted a new TEFRA hearing on May 9, 2018, and adopted a new resolution of approval, further endorsing the need for this Project in Madison County.

An additional public hearing concerning the Affordable Housing Project was held at the Authority’s offices in Pensacola on May 4, 2018. The results of the May 4, 2018 hearing have been provided to the Escambia Board in the form of the Report of Hearing Officer attached to the Resolution as Exhibit A.  The new Resolution is in substantially the same form as the resolution adopted by the Escambia County Board on December 10, 2015, except that the not-to-exceed amount was increased to provide for the possibility of price increases and financing contingencies, along with the decreased value of tax credits resulting from the passage of the 2017 Tax Reform Legislation.

Under the terms of standard financing documents, the Borrower is responsible for use and operation of the Affordable Housing Project, 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 Affordable Housing Project 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.
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 Affordable Housing Project 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 Affordable Housing Project 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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