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HomeMy WebLinkAboutR-96-0920r I �Y J-96-1262 12/03/96 RESOLUTION NO 9 6 9 42 0 A RESOLUTION, WITH ATTACHMENT (S), APPROVING FOR PURPOSES OF SECTION 147(f) OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED, THE ISSUANCE OF CITY OF MIAMI, FLORIDA HEALTH FACILITIES AUTHORITY HEALTH FACILITIES REVENUE BONDS (MIAMI JEWISH HOME AND HOSPITAL FOR THE AGED, INC. PROJECT), SERIES 1996, IN THE AGGREGATE PRINCIPAL AMOUNT OF NOT TO EXCEED $26,000,000; APPROVING THE MINUTES OF THE PUBLIC HEARING HELD BY THE AUTHORITY PURSUANT TO SAID SECTION 147(f) OF THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Miami, Florida Health Facilities Authority (the "Authority") was created by Resolution No. 79-93, as amended, adopted on February 22, 1979 by the City Commission of the City of Miami, Florida (the "Commission"), all pursuant to the Florida Health Facilities Authorities Law, Chapter 154, Part III, Florida Statutes; and WHEREAS, on October 30, 1996, the Authority held a public hearing, notice of which hearing was published on October 17, 1996 in The Miami Herald (a copy of which notice is attached hereto as Exhibit "A" and incorporated herein), for the purpose of giving all interested persons an opportunity to express their views, either orally or in writing, as required by Section 147(f) 'ATTACHMENT (S) CONTAINED CITY COMMISSION MEETING OF 0 E C 1 2 1996 Resolution N 0=92 of the Internal Revenue Code of 1986, as amended (the "Code"), in connection with the proposed issuance by the City of Miami, Florida Health Facilities Authority of its Health Facilities Authority Revenue Bonds (Miami Jewish Home and Hospital for the Aged, Inc, Project), Series 1996 (the "Bonds"), in the aggregate principal amount of not to exceed $26,000,000, the proceeds of which will be used to (a) refinance and refund the outstanding principal balance of the Authority's Health Facilities Revenue Bonds (Miami Jewish Home and Hospital for the Aged, Inc. Project), issued in 1984, estimated to be outstanding as of the date of issuance of the Bonds in the aggregate principal amount of $10,583,334; (b) finance costs of construction, acquisition and equipping of certain capital improvements to be located on the main campus of the Miami Jewish Home and Hospital for the Aged, Inc. ( the "Company") , a Florida not -for -profit corporation and an entity described in Section 501(c)(3) of the Internal Revenue Code of 1986, as amended, at 5200 Northeast 2nd Avenue, Miami, Florida, 33137, and consisting of an assisted living facility; a new entrance to the campus; a perimeter wall; and relocation of existing utilities, landscaping and irrigation; and all attendant furniture, fixtures and equipment (together, the "Project"), including reimbursements to the Company for prior expenditures anticipating the issuance of the Bonds; (c) finance capitalized interest; and (d) pay certain costs of issuance of the Bonds; and WHEREAS, after reviewing a copy of the minutes of the Authority's public hearing held on October 30, 1996 in respect of 2 _ the Bonds and the Project, a copy of which minutes is attached hereto as Exhibit "B" and incorporated herein, the Commission desires to approve the Bonds and the Project for the purpose of complying with Section 147(f) of the Code; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. The Bonds and the Project are hereby in all respects approved for purposes of Section 147(f) of the Code. Section 3. The Commission hereby approves the minutes of the public hearing held on October 30, 1996 by the Authority with respect to the Bonds and the Project, in accordance with Section 147(f) of the Code, the transcript of which minutes was presented at this meeting. Section 4. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 12th day of December , 1996. 7-tAROLEU, MAYOR ATTEST: A_Ik�' • U% WALTER J'. 0 MAN CITY CLERK - 3 - PREPARED AND APPROVED BY: t(; �- M �Q G. IRIAM AER CHIEF ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: A! Q JJO CITY! ATTO Y W1277:GM/amk - 4 - �i not pfg Brother anymore," said l mes. afeotng to ask a community to take Fyn �nslbt' (or your families, come up with a 1or fit ou should be dealing with battered ,r✓,,bmcn and abused kids, and we'll put it together." Some critics won't be easy to convince. ^I think changing the name is like perfuming a noxious odor." said Sen. John Ostalkiewicz, R-Or- !a lando. But another Republican on the Senate Health 'RS, and Rehabilitative Services committee, Sen. Jim bn, Horne of Jacksonville, said he favored the name ent change even if' spending increases. BLIC HEARING PROPOSE® LEASE OF MIAMI, FLORIDA 7TIES AUTHORITY OF A 'PAN AMERICAN HOSPITAL IINCIPAL COMP0NENTS OF ITS OF UP TO $2,500,000 j ,en that in order to comply with Section 147(I) of the Internal i96, as amended (the "Code"), the City of t,fiami, Florida Irity (the "Authority") will hold a public hearing, commencing mmission Chambers at City Hall, 3500 Pan American Drive, for the purpose of providing a reasonable opportunity for express their views both orally and in writing on the ;he cost of a project (the "Project") of Pan American Hospital !, a not -for -profit corporation organized under the laws of the uthority intends to lease property pursuant to a capital lease E. Capital Public Finance, Inc., the principal component o1 which will not exceed S2,500,000. used to finance the cost of the Project, which consists of the provision of health care, including but not limited to (including a CT Scan Unit), surgical equipment, a mobile certain management information system -related equipment. sill be subleased by the Institution. nt to be financed pursuant to the Lease will be utilized in :alth care facilities owned and operated by the Institution, the h is located at 5959 N.W. 7th Street, Miami, Florida 33126. uant to the Lease shall be limited obligations of the Authority �e revenues pledged therefore under the Lease, and shall not :lity or obligation of the City of Miami or of the State of Florida odivision thereof, or a pledge of the faith and credit or the ity of Miami or the State of Florida or any political subdivision mll not directly, indirectly or contingently obligate the City of Florida or any political subdivision thereof to Levy or pledge ,rhatever therefore or to make any appropriation for the lease rily has no taxing power, express their views regarding the proposed c-an of financing appear at the hearing or may submit their views in writing. ould be submitted to the Authority, Go Mr. Pere Chircut, City oartment, Suite 240, DuPont Plaza Center, 300 Biscayne Ii, Florida, 33131, and should be mailed in sufficient time to :tore October 30, 1996, the date of the hearing. Should any )eat any decision made by the Authority at this hearing, he or d of the proceedings and he or she may need to assure that a a proceedings be made, which record includes the testimony Which the appeal is to be heard. Subsequent to the hearing, in •ection 147(f) of the Code, the Authority will make a he City Commission of the City of Miami for the approval or Ise financing. CITY OF MIAMI, FLORIDA HEALTH FACILITIES AUTHORITY 'i, 1996 Cameron turned the FCCJ job down., " C iron will stay at Guilford Tec,...tcal Community College in Jamestown, N.C. FCCJ has been without a presi- dent since Charles Spence resigned nine months ago. The trustees, who voted 5-3 on Oct. I to hire Cameron, will resume their search for a presi- dent. CITY OF MIAMI, FLORIDA HEALTH FACILITIES AUTHORITY Notice of Public Hearing Please take notice that in order to comply with Section 147(1) of the Ir:erna! Revenue Code of 1986, as amended.(the "Code"), the City of Miami, Florida F-eaftn Facilities Authority (the "Authority") will hold a public hearing to commence a: 5 00 o.m. on October 30. 1996, in the Commission Chambers at City Hall, 350�D Pan American Drive, Miami, Florida 33133, regarding the proposed issuance cf the Authority's Health Facilities Revenue Bonds (Miami Jewish Home and Hosp :al for the Aged, Inc. Project), Series 1996, in an aggregate principal amount not to cee� $26,000,000 (the "Bonds"), to be issued in one or more series, on behalf of .,an Jewish Home and Hospital for the Aged, Inc. (the "Company"), the proceeds cf which Bonds will be used (a) to refinance and refund the outstanding pr -cipal balance of the Authority's Health Facilities Revenue Bonds (Miami Jewish "..ome and Hospital for the Aged Project), issued in 1984 (the "Prior Bonds"), c,.••entl; outstanding in the aggregate principal amount of approximately S10,700,000 to) to finance costs of construction, acquisition and equipping of certain capital improvements to be located on the Company's main campus (the "Facility") a: 5200 N,E. 2nd Avenue, Miami, Florida, 33137, consisting of an assisted living fac -::y; a new entrance to the campus; a perimeter wall; and relocation of existing u:.ties. landscaping and irrigation; and all attendant furniture, fixtures and equ :-nert (together, the "Project"), including reimbursement to the Company fo• pric, expenditures anticipating the issuance of the Bonds; and (c) to pay certain c^sts of issuance of the Bonds. The proceeds of the Prior Bonds were used to `--ante certain capital improvements to the Facility, consisting of health care bu :�ngs. renovations to then existing buildings, surface parking, road and' other improvements. The Facility, as improved by the Project, will continue to be :.,,nec. operated and managed by the Company as part of its existing health fa: !ties operations located at 5200 N.E. 2nd Avenue, Miami, Florida 33137. The Bonds shall be limited obligations of the Authority payable solely f• n ;re revenues pledgea therefore under a trust indenture to be entered into betv,n :re Authority and a bond trustee, and shall not constitute a debt, liability or o: gatio-, of the City of Miami or of the State of Florida or of any political subdivision :-erec', or a pledge of the faith and credit or the taxing power of the City of Miar- �r tre State of Florida or any political subdivision thereof, The Bonds shalt not z :;c::, indirectly or contingently obligate the City of Miami or the State of Florica e political subdivision thereof to levy or pledge any form of taxation v.-a:eve• therefore or to make any appropriation for their payment, The Authorm, -as r3 taxing power. Persons wishing to express their views retarding the proposed plan of and issuance of the Bonds may appear at the hearing or may submit their • a::s writing, Written comments should be submitted to the Authority, c/o '.' . Pc -:.a Chircut, City of Miami Finance Department, Suite 240, DuPont Plaza Ce-:er, 333 Biscayne Boulevard Way, Miami, Florida, 33131, and should be mailed in s-"icie't time to be received on or before October 30; 1996, the date of the hearinc. Snou d any person decide to appeal any decision made by the Authority at this he_ ­ng, re or she will need a record of the proceedings and he or she may need to asa_•e trat a verbatim record of the proceedings be made, which record includes the tes:1mo7y and evidence upon which the appeal is to be heard. Subsequent to the hea-ing, In accordance with Section 147(f) of the Code, the Authority will —ake a recommendation to the City Commission of the City of Miami for the ap:•oval or disapproval of the issuance of the Bonds. 4 rGI CITY OF MIAMI, FLORIDA �Q twt tin, dJ HEALTH FACILITIES AUTHORI`• Dated: October 16, 1996 Ad No. 2659 EXHIBIT "A" 96-920 En 1i CITY OF MIAMI, FLORIDA HEALTH FACILITIES AUTHORITY MINUTES OF TEFRA HEARING relating to MIAMI JEWISH HOME AND HOSPITAL FOR THE AGED, INC. FINANCING October 30, 1996 CHAIR: We will now conduct the public hearing on the proposed issuance of health facilities revenue bonds for the purpose of refunding, on a current basis, certain outstanding obligations of the Authority and the proposed financing of a project to be located in the City of Miami, Dade County, Florida, on behalf of Miami Jewish Home and Hospital for the Aged, Inc. This public hearing is being conducted pursuant to the requirements of the Federal Tax Equity and Fiscal Responsibility Act of 1982, as amended by the Tax Reform Act of 1986, together referred to for purposes of this hearing as TEFRA and embodied in Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code"). TEFRA requires that in order for the interest on 501(c)(3) hospital .revenue bonds to be exempt from federal income tax, such bonds and the projects which they will finance must be approved by either a voter referendum or by an applicable elected legislative body after a public hearing following reasonable public notice. A transcript of the testimony given at this hearing will be provided to the City Commission of the City of Miami at a regular meeting of the Commission, at which time the Commission will, for purposes of Section 147 ( f ) of the Code, approve or disapprove the issuance of the bonds by the Authority. It should be noted that the proceedings of this public hearing are being recorded and will be maintained as a permanent record. Will the Debt Service Coordinator please introduce the required notice of public hearing. MR. CHIRCUT: The Notice of Public Hearing was published in The Miami Herald on October 17, 1996, advising that the Authority would hold a public hearing, on October 30, 1996, at 5:00 p.m., in the City Commission Chambers, on the proposed issuance of its health facilities revenue bonds. The location of the D09:[04547.DOCS.MIA200083]TEFRA-HEAR-SCRIPT-2. EXHIBIT "B" g6-920 meeting was subsequently changed, pursuant to due notice, to the City Manager's Conference Room on the 2nd Floor of City Hall. CHAIR: We will now commence the public hearing. The hearing will be conducted in the following format: First, Bond Counsel will provide a brief synopsis of the proposed financing and the project. Second, testimony from anyone desiring to speak or submit written testimony on the proposed project will be heard. Anyone wishing to speak or submit written testimony should give his or her name and address for the record. Will Bond Counsel please introduce the project for consideration. BOND COUNSEL: The proposed financing consists of the issuance by the Authority of its Health Facilities Revenue Bonds (Miami Jewish Home and Hospital for the Aged, Inc. Project), Series 1996 (the "Bonds"), in the aggregate principal amount of not exceeding $26,000,000, the proceeds of which Bonds will be used (a) to refinance and refund, on a current basis, the outstanding principal balance of the Authority's Health Facilities Revenue Bonds (Miami Jewish Home and Hospital for the Aged Project), issued in 1984 (the "Prior Bonds"), estimated to be outstanding as of the date of issuance of the Bonds in the aggregate principal amount of $10,583,334; (b) to finance costs of construction, acquisition and equipping of certain capital improvements to be located on the Company's main campus (the "Facility") at 5200 N.E. 2nd Avenue, Miami, Florida, 33137, consisting of an assisted living facility; a new entrance to the campus; a perimeter wall; and relocation of existing utilities, landscaping and irrigation; and all attendant furniture, fixtures and equipment (together, the "Project"), including reimbursements to the Company for prior expenditures anticipating the issuance of the Bonds; (c) to finance capitalized interest; and (d) to pay certain costs of issuance of the Bonds. The proceeds of the Prior Bonds were used to finance certain capital improvements to the Facility, consisting of heath care buildings, renovations to then existing buildings, surface parking, road and other improvements. The Facility, as improved by the Project, will continue to be owned, operated and managed by the Company as part of its existing and on -going health facilities operations located at 5200 N.E. 2nd Avenue, Miami, Florida 33137. 009:[04547.ROCS.MIA200083]TEFRA-HEAR-SCRIPT-2. N 9 z q 6 r Any final approval of the Authority is conditional upon the Authority's approval of the plan of financing and approval of the financing documents. CHAIR: Testimony will now be heard by anyone desiring to speak on the proposed project. The record indicates that Ms. Olga Cenal, Consultant to the Company, is in attendance representing the Company. Is there anyone who wishes to speak or file written testimony on this matter? CHAIR: Let the record reflect that Mr. Elliot Kalus, representing Clearlake Financial Corp., addressed the Authority. Mr. Kalus introduced his company to the Authority and indicated its desire to be included in Request for Proposals for future financings. He complimented the Authority on its work and the significance of providing tax exempt financing to health care facilities located within the City. Ms. Olga Cenal provided the Authority with an overview of the Project to be financed. This concludes the public hearing scheduled for today. Is D09:(04547.DOCS.MIA2000837TEFRA-HEAR-SCRIPT-2. 3 9 6 - 9 " t Eli CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM 30- TO : Honorable Mayor and Members of the City Commission 6XJ ' FROM : Edward Marq e City Manager RECOMMENDATION: DATE : DEC ' )o0- FILE : SUBJECT : Agenda Item REFERENCES: ENCLOSURES: It is respectfully recommended that the City Commission adopt the attached resolution with attachments, approving the issuance of not to exceed $26,000,000 City of Miami, Florida Health Facilities Authority Health Facility Revenue Bonds, Series 1996 (Miami Jewish Home and Hospital for the Aged, Inc. Project) for the purposes of Section 147(0 of the Internal Revenue Code of 1986, as amended; ratifying, confirming and approving prior resolutions and actions of the Authority; providing for severability, conflicts and an effective date. BACKGROUND: The City of Miami, Florida Health Facilities Authority has held a public hearing for the purpose of giving interested persons an opportunity to express their views in connection with the Authority's proposed issuance of not to exceed $26,000,000 City of Miami, Florida Health Facilities Authority Revenue Bonds, Series 1996, (Miami Jewish Home and Hospital for the Aged, Inc. Project) as required by Section 147 (f) of the Internal Revenue Code of 1986. The Authority has also adopted a resolution expressing its intent to issue such bonds. At this time, the City Commission must confirm and approve the actions of the Authority in authorizing the issuance of the bonds and the holding of the public hearing. These bonds will not constitute a debt or liability of the City of Miami or the City of Miami Health Facilities Authority. They are payable solely out of the revenues of the Miami Jewish Home and Hospital for the Aged, Inc., on whose behalf the bonds are issued. Florida law prohibits the bonds from being an obligation of the City, the State of Florida, or any political subdivision thereof. 6 wo 9� 1