EXECUTIVE ORDER MJF 02-62

EXECUTIVE ORDER MJF 01-62

Carry-Forward Bond Allocation - Louisiana Housing Finance Agency


WHEREAS, pursuant to the Tax Reform Act of 1986 and Act 51 of the 1986 Regular Session of the Louisiana Legislature (collectively hereafter "the Act"), Executive Order No. MJF 96-25, as amended by Executive Order No. MJF 2000-15, (hereafter collectively "MJF 96-25") was issued to establish:

(1) a method for allocating bonds subject to private activity bond volume limits, including the method of allocating bonds subject to the private activity bond volume limits for the calendar year of 2001 (hereafter "the 2001 Ceiling");

(2) the procedure for obtaining an allocation of bonds under the 2001 Ceiling; and

(3) a system of central record keeping for such allocations;

WHEREAS, Executive Order No. MJF 2001-17, issued on March 27, 2001, as amended by Executive Order No. MJF 2001-25, issued on June 6, 2001, allocated twenty- one million dollars ($21,000,000) from the 2001 Ceiling to the Industrial Development Board of the city of New Orleans, Louisiana, Inc., in connection with a project of CSI Rental, L.L.C., but the twenty-one million dollar ($21,000,000) allocation has been returned unused to the 2001 Ceiling;

WHEREAS, Executive Order No. MJF 2001-27, issued on June 26, 2001, as amended by Executive Order No. MJF 2001-38, issued on September 14, 2001, allocated eight hundred fifty thousand dollars ($850,000) from the 2001 Ceiling to the Louisiana Local Government Environmental Facilities and Community Development Authority in connection with a project of Independence Street Apartments, but the eight hundred fifty thousand dollar ($850,000) allocation has been returned unused to the 2001 Ceiling;

WHEREAS, Executive Order No. MJF 2001-29, issued on July 31, 2001, as amended by Executive Order No. MJF 2001-48, issued on October 25, 2001, allocated ten million dollars ($10,000,000) from the 2001 Ceiling to the Louisiana Local Government Environmental Facilities and Community Development Authority in connection with a project of Quantum Fuel and Refining, Inc., but the ten million dollar ($10,000,000) allocation has been returned unused to the 2001 Ceiling;

WHEREAS, Executive Order No. MJF 2001-43, issued on September 25, 2001, allocated three million six hundred thousand dollars ($3,600,000) from the 2001 Ceiling to the Industrial Development Board of the city of Donaldsonville, Louisiana, Inc., in connection with a project of Chef John Folse Company, Inc., but the three million six hundred thousand dollar ($3,600,000) allocation has been returned unused to the 2001 Ceiling;

WHEREAS, Executive Order No. MJF 2001-56, issued on November 14, 2001, allocated seven million eight hundred fifty-one thousand dollars ($7,851,000) from the 2001 Ceiling to Louisiana Public Facilities Authority, in connection with a project of Baton Rouge Water Company, but one hundred thirty-one thousand one hundred fifty-three dollars ($131,153) of the seven million eight hundred fifty- one thousand dollar ($7,851,000) allocation has been returned unused to the 2001 Ceiling;

WHEREAS, subsection 4.8 of MJF 96-25 provides that if the ceiling for a calender year exceeds the aggregate amount of bonds subject to the private activity bond volume limit issued during the year by all issuers, by executive order, the governor may allocate the excess amount to issuers or an issuer for use as a carry-forward for one or more carry-forward projects permitted under the Act; and

WHEREAS, the governor desires to allocate the excess and/or unused amount of the 2001 Ceiling as a carry- forward for a project which is permitted and eligible under the Act;

NOW THEREFORE I, M.J. "MIKE" FOSTER, JR., Governor of the state of Louisiana, by virtue of the authority vested by the Constitution and laws of the state of Louisiana, do hereby order and direct as follows:

SECTION 1: Pursuant to and in accordance with the provisions of Section 146(f) of the Internal Revenue Code of 1986, as amended, and in accordance with the request for a carry-forward filed by the designated issuer, the excess and/or unissued private activity bond volume limit under the 2001 Ceiling is hereby allocated to the following issuer, for the following carry-forward project, and in the following amount:

Issuer Carry-Forward Project Carry-Forward
Louisiana Housing Finance Agency Single Family Mortagage Revenue Bond Program $35,581,153

SECTION 2: All references in this Order to the singular shall include the plural, and all plural references shall include the singular.

SECTION 3: The undersigned certifies, under penalty of perjury, that the granted allocation was not made in consideration of any bribe, gift, or gratuity, or any direct or indirect contribution to any political campaign. The undersigned also certifies that the granted allocation meets the requirements of Section 146 of the Internal Revenue Code of 1986, as amended.

SECTION 4: This Order is effective upon signature and shall remain in effect until amended, modified, terminated, or rescinded by the governor, or terminated by operation of law.

IN WITNESS WHEREOF, I have set my hand officially and caused to be affixed the Great Seal of the state of Louisiana, at the Capitol, in the city of Baton Rouge, on this 21st day of December, 2001.

M.J. "Mike" Foster, Jr.
Governor

ATTEST BY
THE GOVERNOR
Fox McKeithen
Secretary of State