HomeMy WebLinkAbout02-163RESOLUTION NO. 02-163
A RESOLUTION OF THE COUNTY COMMISSION OF ST.
LUCIE COUNTY, FLORIDA, AUTHORIZING EXECUTION
OF A LIMITED JOINDER TO INTERLOCAL AGREEMENT
BETWEEN ORANGE COUNTY, FLORDA, AND THE
FLOR]DA DEVELOPMENT FINANCE CORPORATION FOR
THE PURPOSE OF AUTHORIZING THE FLORIDA
DEVELOPMENT FINANCE CORPORATION TO EXERCISE
ITS POWER AND AUTHORITY WITHIN THE
JURISDICTIONAL LIMITS OF ST. LUCIE COUNTY FOR
PURPOSES OF FINANCING THE 2002A PROJECT AS
DESCRIBED HEREIN, AND PROVDING AN EFFECTIVE
DATE.
State
WHEREAS, pursuant to Chapter 93-187, Laws of Florida, (1993), the Legislature of the
of Florida adopted the Florida Development Finance Corporation Act of 1993
(Chapter 288, Part IX, Florida Statutes, hereinafter the "Act"); and
WHEREAS, pursuant to the provisions of the Act and, in particular, Section 288.9604,
Florida Statutes, the Florida Development Finance Corporation (the "FDFC") was created as a
body corporate and politic of the State of Florida (the "State") upon a finding of necessity by
Orange County, Florida ("Orange County"), a county of the State of Florida, which county was
selected by a search committee of the Board of Directors of Enterprise Florida Capital
Partnership, Inc., pursuant to Resolution No. 94-M-21 of the Board of County Commissioners of
Orange County, Florida; and
WHEREAS, the Act further provides that, to efficiently and effectively achieve the
purposes of the Act, it is necessary and in the public interest that the FDFC cooperate and act in
conjunction with public agencies of the State and local governments of the State through
interlocal agreements pursuant to the Florida Interlocal Cooperation Act of 1969, as amended
(the "Interlocal Act"); and
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WHEREAS, Orange County and the FDFC have heretofore entered into that certain
Interlocal Agreement, dated as of April 12, 1994 (the "Interlocal Agreement"), a copy of which
is attached hereto as Annex 1, pursuant to which Orange County granted the FDFC full right,
power, and authority to exercise any and all powers set forth in the Act and under the lmterlocal
Act (to the extent that the exercise of such powers is consistent with the purposes of the Act)
within the jurisdictional limits of Orange County; and
WHEREAS, the Interlocal Agreement provides that any other public agency (as defined
in the Act) may join in the Interlocal Agreement at any time for the purpose of granting the
FDFC full right, power, and authority to exercise any and all powers set forth in the Act and
under the Interlocal Act (to the extent that the exercise of such powers is consistent with the
purposes of the Act) within the jurisdictional limits of such public agency by the execution of an
addendum to the Interlocal Agreement in the Form of Exhibit "A" attached thereto; and
WHEREAS, in order to grant the FDFC full right, power and authority to exercise any
and all powers set forth in the Act and under the Interlocal Act (to the extent that the exercise of
such powers is consistent with the purposes of the Act) within the jurisdictional limits of St.
Lucie County, including without limitation the issuance of the Bonds to finance projects, the
County Commission wishes to authorize the execution of an addendum to the Interlocal
Agreement in the form of Exhibit "A" attached hereto;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNTY COMMISSION OF
ST. LUCIE COUNTY:
Section 1. Findings and Declaration of Necessity. The County Commission
finds and declares that:
a. There is a need to enhance economic activity in the cities and counties of
the State by attracting manufacturing, development, business enterprise management, and other
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activities conducive to economic promotion in order to provide a stronger, more balanced, and
stable economy in the cities and counties of the State.
b. A significant portion of the businesses located in the cities and counties of
the State, or desiring to locate in the cities and counties of the State, encounter difficulty in
obtaining financing or are unable to obtain financing at all.
c. The difficulty in obtaining such financing impairs the expansion of the
economic activity and the creation of jobs and income in communities throughout the State.
d. The businesses most often affected by these financing difficulties are
small businesses critical to the economic development of the cities and counties of the State.
e. The economic well-being of the people in, and the commercial and
industrial resources of, the cities and counties of the State would be enhanced by the provision of
financing to businesses on terms competitive with those available in the most developed
financial markets worldwide.
f. In order to improve the prosperity and welfare of the cities and counties of
the State and its inhabitants, to improve and promote the financing of projects related to the
economic development of the cities and counties of the State, and to increase the purchasing
power and opportunities for gainful employment of citizens of the cities and counties of the
State, it is necessary and in the public interest to facilitate the financing of such projects as
provided for in the Act and to do so without regard to the boundaries between counties,
municipalities, special districts, and other local governmental bodies or agencies in order to more
effectively and efficiently serve the interest of the greatest number of people in the widest area
practicable.
g. In order to promote and stimulate development and advance the business
prosperity and economic welfare of the cities and counties of the State and its inhabitants; to
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encourage and assist new business and industry in the State through loans, investments, or other
business transactions; to rehabilitate and assist existing businesses; to stimulate and assist in the
expansion of all kinds of business activity; and to create maximum opportunities for
employment, encouragement of thrift, and improvement of the standard of living of the citizens
of the State, it is necessary and in the public interest to facilitate the cooperation and action
between organizations, public and private, in the promotion, development, and conduct of all
kinds of business activity in the State.
Section2. The County Commission of St. Lucie County hereby approves the
Interlocal Agreement and authorizes the Chair of the County Commission of St. Lucie County to
execute and deliver a Limited Joinder to the Interlocal Agreement solely for the purpose of
authorizing FDFC to finance a manufacturing facility for Nida-Core, which facility will be
located at 541 N.W. Interpark Place, Port St. Lucie, Florida, 34986 (the "2002A Project"),
substantially in the form of Exhibit "A" hereto, with such changes therein as may be hereafter
approved by the Chairman, with execution by such person to constitute conclusive evidence of
such approval.
Section 3. The execution of the Limited Joinder to the Interlocal Agreement
authorized herein shall be solely for the purpose of satisfying the requirements of the Act in
order to grant the FDFC full fight, power, and authority to exercise any and all powers set forth
in the Act and under the Interlocal Act (to the extent that the exercise of such powers is
consistent with the purpose of the Act) within the jurisdictional limits of St. Lucie County with
respect to the 2002A Project and shall not be construed as an approval of any zoning, building,
or other developmental or regulatory permit, and the County Commission of St. Lucie County
shall not be construed by virtue of its adoption of this resolution to have waived, or be estopped
from asserting, any rights or responsibilities it may have in that regard.
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Section 4. St. Lucie County shall not be liable or responsible for any of the
indebtedness, liabilities, costs, or expenses of the FDFC. All debts, liabilities, costs, and
expenses incurred by the FDFC shall be paid solely by the FDFC as permitted under the Act.
Section 5. Bonds, notes, or other indebtedness issued or insured by FDFC shall not
constitute a debt, liability, or obligation of St. Lucie County, or the State, or any political
subdivision thereof or a pledge of the faith and credit or any taxing power of St. Lucie County or
the State or any political subdivision thereof, but shall be limited obligations of the FDFC
payable solely from and secured by a pledge of payments made by the FDFC and other funds
provided therefor.
Section 6.
That this resolution shall take effect immediately upon its adoption.
in regular session, thi,s [ ~' day of (~ ,2002.
DULY
ADOPTED
THE COUNTY COMMISSION OF
ST. LUCIE COUNTY, FLORIDA
By:
Chair,~Co~ty Commission
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