§ 16-29. Same—Form and sale.

(a)

Bonds of the housing finance authority issued pursuant to this article shall be authorized by a resolution of the housing finance authority and may be issued in one or more series and shall bear such dates, mature at such times, bear interest at such rates, be in such denominations, be in such form, either coupon or registered, carry such conversion or registration privileges, have such rank or priority, be executed by such members of the housing finance authority and in such manner, be payable in such means of payment at such places, and be subject to such terms of redemption, with or without premium, as such resolution or any trust indenture entered into pursuant to such resolution may provide; provided, however, that, the provisions of Florida Statutes section 215.84 shall apply.

(b)

The bonds issued by the authority shall be sold by the authority at public sale substantially in the manner provided by Florida Statutes section 215.68(5)(b) and (c), unless otherwise approved by the state board of administration; provided that, such requirement shall be deemed waived if:

(1)

The state board of administration has not responded in writing within thirty (30) days from the date of application, or

(2)

If:

a.

The bonds are rated by at least one nationally recognized rating service in any one of the three (3) highest classifications approved by the comptroller of the currency for the investment of funds of national banks;

b.

An appropriate certification and opinion of counsel pursuant to the applicable arbitrage regulations under section 103(c) of the Internal Revenue Code are delivered simultaneously with the delivery of the bonds; and

c.

The official statement issued in connection with the sale of the bonds has been filed with the state board of administration prior to the closing.

(c)

If an offer of an issue of bonds at public sale produces no bid, or if all bids received are rejected, the authority is authorized to negotiate for the sale of such bonds under such rates and terms as are acceptable; provided, however, that, no such bonds shall be so sold or delivered on terms less favorable than the terms contained in any bids rejected at the public sale thereof, or the terms contained in the notice of public sale if no bids were received at such public sale.

(d)

In case any member of the housing finance authority whose signature appears on the bonds or coupons shall cease to be a member before the delivery of the bonds or coupons, such bonds shall, nevertheless, be valid and sufficient for all purposes, the same as if such member had remained in office until such delivery. Any provision of law to the contrary notwithstanding, any bonds issued pursuant to this article shall be fully negotiable.

(e)

Pursuant to chapter 159, part IV, Florida Statutes, in any suit, action or proceeding involving the validity or enforceability of any bond of the housing finance authority or the security therefor issued pursuant to this article, any such bond reciting in substance that it has been issued by the housing finance authority to assist in providing financing of a qualifying housing development to alleviate the shortage of housing in its area of operation shall be conclusively deemed to have been issued for a qualifying housing development of such character.

(Ord. No. 82-2, § 13, 1-26-82)