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HomeMy WebLinkAboutR-93-0535J-93-626 8/23/93 RESOLUTION NO. 93-' A RESOLUTION, WITH ATTACHMENTS, APPROVING THE ISSUANCE OF AN AMOUNT NOT TO EXCEED $60,000,000 CITY OF MIAMI, FLORIDA HEALTH FACILITIES AUTHORITY HEALTH FACILITY REVENUE REFUNDING BONDS, SERIES 1993 (MERCY HOSPITAL PROJECT), FOR THE PURPOSES OF SECTION 147(F) OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED; APPROVING THE MINUTES OF THE PUBLIC HEARING HELD BY THE AUTHORITY PURSUANT TO THE TAX EQUITY AND FISCAL RESPONSIBILITY ACT OF 1982; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Miami, Florida Health Facilities Authority (the "Authority") was created by Resolution No. 79-93, adopted on February 22, 1979 by the City Commission of the City of Miami, Florida (the "Commission"), as amended by Resolution No. 79-330, all pursuant to the Florida Health Facilities Authority Law, Chapter 154, Part III, Florida Statutes; WHEREAS, on August 30, 1993, the Authority held a public hearing, notice of which hearing was published on August 16, 1993 in the Miami Review (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, in connection with the Authority's proposed issuance of not to exceed $60,000,000 City of Miami, Florida Health Facilities Authority Health Facility Revenue Refunding Mtn 'YY �01 T P I7 'I", E rW, CITY CC)MI USSION OF Reeolution Na 93— v+sr Bonds, Series 1993 (Mercy Hospital Project) (the "Bonds"), as required by Section 147(F) of the Internal Revenue Code of 1986, as amended (the "Code"); WHEREAS, on August 30, 1993, the Authority adopted a Resolution expressing its intent to issue the Bonds, subject to approval by the Commission, and final approval by the Authority of the financing documents; WHEREAS, after reviewing a copy of the minutes of the Authority's public hearing held on August 30, 1993 in respect to the Bonds, a copy of which minutes is attached hereto as Exhibit B and incorporated herein, the Commission desires to approve the issuance of the Bonds for the purposes 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 issuance of the Bonds in an aggregate principal amount not to exceed $60,000,000 pursuant to a bond resolution adopted by the Authority on August 30, 1993 is hereby in all respects approved for purposes of Section 147(F) of the Code. Such Bonds may be issued on one or more series at the opinion of the Authority and that approval given hereby shall be for each such series. If issued in separate series, the designation of such series shall be at the Authority's discretion. Section 3. The City Commission hereby approves the minutes of the public hearing held with respect to the Bonds on August 30, 1993 in accordance with the Tax Equity and Fiscal Responsibility Act of 1.982, which transcript was presented at this meeting. Section 4. This Resolution shall become effective immediately upon its adoption. , PASSED AND ADOPTED this 7th _ day of _ September , 1993. XAVIER L. AREZ, MAYOR I AT ES MA If Y HIRAI, CITY CLERK LEGAL REVIEW: f G. MIRIAM MAER CHIEF ASST. CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: QO NNnO Sr II/ CITY ATT EY -s 33- 535 i MIAMI DAILY BUSINESS REVIEW Published Dally except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally appeared Octelms V. Ferbeyre, who on oath says that she Is the Super. visor, Legal Notices of the Miami Daily Business Review f/k/a Miami Review, a daily !except Saturday, Sunday and Legal Holidays) newspaper, published at Miami In Dade County, Florida; that 1he attached copy of advertisement, being a Legal Advertlemnent of Notice In the matter of CITY OF MIAMI, FLORIDA HEALTH FACILITIES AUTHORITY NOTICE OF PUBLIC HEARING AUGUST 30, 1993 In the ....... X.. X..X ....................•.... Court, was published In sold newspaper In the Issues of August 16, 1993 Affiant further says that the said Miami Daily Business Review Is a newspaper published at Miami in said Dade County, Florida, and that the said news ppaper has heretofore been continuously published In said 04de County, Florida, each day (except Saturday, Sunday 'And Legal Holidays) and has been entered as second class Mali matter at the poet office In Miami In said Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement, and afftant fu hex says that she has neither paid nor promised an r II or corporation any dls unt, rebate, com on r relu for the purpose of a url It a v4rtl t or publ ation in the said no p e Sworn to and subscribed before me this j 16 day oP A.A. 19. � 3. . OFFICIAL, NOTARY SEA (SEAL) AGN S E. PFNA Octelme V. Ferbsyre parson ja11V{afWrtj'M'Jl IC 5-r 1T. OF FLORiDA CONEWS' i'01NI NO. 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IAN. 6.1996 NOTICE OF PUBLIC NEARING Please take notice that the City of r'.liaml, Florida Health Facilities Authority (the "Authori- ty") will hold a public hearing to commence at 11:00 A.M. on Monday, August 30, 1993, at the City of Miami, City Commission Chambers, 3500 Pan American Drive, Miami, Florida, regarding the proposed Issuance of the Authority's Health Facll- Ilies Revenue Refunding Bonds (Mercy Hospital Project), Series 1993 in an aggregate principal amount not to exceed $60,000, 000, the proceeds of which bonds will be used (a) to refund all or a portion of the Authority's outstanding Health Facil- Itles Revenue Bonds (Mercy Hospital Project) Series 1989 and the Aulhority's.Health Facilities Revenue Bonds (Mercy Hospital Project) Series 1991, both of which were originally Issued to finance the acquisition, con- struction and equipping of health care facilities of the Hospital, (b) to acquire, construct or Improve certain parking facilities, .(c) to fund a, debt service reserve, If deemed appropriate, (d) to EXHIBIT A provide credit enhancement, if' deemed appropriate and (a) to pay certain costs of Issuance of the bonds (collectively, or separately, the "Project"), all on behalf of Mercy Hospital, Inc., a Florida non-profit corporation (the "Hospital"). The Hospital wilt own, operate and manage the Project which is and will be located at 3663 South Miami Avenue, Miami, Florida. The Bonds shall not be a debt,! liability or obligation of thei Authority, or of the City of Miami or of the State of Florida or of j any political subdivision thereof, but shall be payable solely from; revenues derived from operation' of the Project or from security provided by the Hospital. The, Authority has no taxing power, t A transcript of the proceedings of this hearing will be prepared by the Authority. Any person I wishing to comment in writing iiii on the Project should do soli within fourteen (14) days after the date of publication of this notice+ to City of Miami, Florida, Health Facilities+ Authority, Attention: 1 Finance Director. 18116 93.3-081660M. 93-- 535 h LLI l: l3 Minutes of Public Hearing City of Miami, flurida Health Facilities Authority, AugusL 30, 1993, 11:00 a.m. at Miami City Hall, City Commission Chambers, 3500 Pan American Drive, Miami, Florida. Presiding: Dr. Charles Beber• Present: Mrs. Maria Al""su-MarLinez, Authority Member Mrs. Gloria Ru_.ellu, AuthuriLy Member Mrs. G. Miriam Maer, CiLy ALLurney Mr. Kenneth flyers, Bond Counsel Mr. Carlos Gar•c i a, Au Lhur i Ly Secretary Mr. Pete Ch i rwuL, Au(huv i L.y Asst. Secretary Mr. Je► vy Mashburn, Mercy Hospital V.P. { Ilie.--I'u I. Ilr. Leber announced l.haL Lire ALI LhOr 1 L)' would now proceed to hold a public: hearing un Lhe issuance of iLs heal Lb faciIiLies revenue refunding bond, for Life purpose of refunding certain outs Landing obiigaLiuns of the Au►huri Ly and f innnc tng a proposed heal Lh faci 1 i t ies pfnijec:L un behalf of Mercy Hospital, 111c. the hearing is belay held for 'the purpose of (rearing f vom anyone who wh i shes to be beard on the proposed bond financing and Life proposed IrrujecL. life following is a substantially verbaLim account of the pruceed i rills or Lh i s hear• i rig : CHAIR: We will now conduct the public hearing on the proposed issuance of health facilities revenue refunding bonds for the purpose of ref"nrding certain outstanding obligations of the A"thority and Lhe proposal financing of a project to be located in the City of Miami, Dade County, Florida on behalf of Mercy Hospital, Inc. 93 - 535 Thjs pub 11c hearing is heiny conducted pursuanL to the requirements of the Federal Tax I=duiLy and Fiscal Respons ib i I i Ly Act of 19B2, as amended by the lax Reform Act of 1986, Lugel.her referred to for prnlposes of Itis heating, as 1EFRA. 1EfRA requires that in order for Lhe inl.eresL on hospital revenue bunds to he exempt from federal inr..ome Lax, such proposed bonds and the projects wilah I mW w111 f in:urce mulk he app-tTved by either a voter referendum or- by an applicable elected legislative burly after a public hearing following reawable public notice. He City Commissimiers of Lhe City of Miami have directed that. this AuLhuriLy conduct. Lhe required public (rearing following which a transcript: of the testimuny given at the hearing wi I I he provided to the Commission at a reynlar meeting of the Ummissiun, al. which time LhO Commission wi I l approve or disapprove Lhe issuance o f the bonds by the Authority. It should he noted that the pr•or.eydings of this public hearing are being recorded and will be mairrtoi►red as a permanent record. 1-1i I1 tho I"yearLive Director please irrLrud= the required nuLice of public hearing. MR. GARCIA: The hluLice of Public Hearing was 'vibl ished in the Miami Review on �nctir : I. 16, 1993, advising Lha L the Au Lhur i Ly will hold a public h(:.rr• i net on (lie proposed i s :ttance of 10 Health f ace i I i t. i es Rovr.►rne Rc: f ur►cl l ng 1loncls . He have on r•ucord a copy of the Notice of Public Ilea► ing. CHAIR: We will now cnnnnence Lhe public hearing. 1 Ire hearing will be condor Led ill Lhe I o I I ow i ng I ornra L: I- i rst, hold Cunrrse, I w i I I prov i de a br• i e f synnps 1 s o f the ' proposed horrd f i rr.rr� i ny and the project. Ocund, Les t im ouy from anyone desiring to speak in, sr(bill j 1. wr•i LLen ' Les[ imuny on the s1.cc:c i f is project tinder cuesideraLjury will be heard or submitted. Anyone wishing to speak. or submit: wr i 1. Len—tes L imuny should give his or hc'r name and address fur the record. Will Cuunsel please inLruduce the project: for cunsideraL►un. MR. MYE-_RS : The project: scheduled is a bund issue in an amount not excr_ed j ng $60,000,UUO, the proceeds of which will be used (a) to refund all or a portion of the An Lhurl l.y' s outstanding Ilusp i La I Revenue Refunding Bonds (Mercy Ilu_;piLa1 Project) Series 1989 and Lhe Authority'sIlra I L.h I ac i I 1 L i es Revenue (fonds (Mc rcy Hospital Prnkyl.) Series 11191., but.h of which were originally issued Lo f ina"ce the acquj ; j L ion, consLrucL ion and equipping of health care fac: i I i t ies a 1. Mercy Hospital; (b) to acquire, cues LrucL. or improve certain parking facilitjes; (c) to fund a debt service reserve, if deemed appropriate, (d) to provide credit enhancement , if deemed appropr• i aLe ,and (e) to pay certain costs of issuance of the bonds (collectively, or separately, the. "Project"), all on behalf of the r Hospital. 93— 535 Any final approva i of Lhe Au (:hoc' i ty is cond i t i olia l upon l.he AuLhoriLy's approvai of the I►Ian or financing and approval of Lhe f i nanc i ny doculllell Ls . CIIAIR: lesLimuny will now Lie heard t!y allycnie desiring Lo streak oil I.he proposed p)-tiject.. the record 111dica1-es Lhal: Jerry Mashburn, Vice Pres i (1011 and Chief Financial UI I icer or Mercy 110'.1)iLit l, Inc. is ill aLLendanc.e r'epresen(. my Lhe Ilu:,p i La; . is Lhere anyone who wishes Lo streak or file wr i LLen LesL imo►ly on Lhis ma LLe r? ". ..'.. 1 1 I had eveI, Lrcen Buh l i sIIc d I`'n:m iui n�rJf; t V 1sI:C;U I f LftE rll?rV5 lii )Er' ili ill Spilll i sll . Uue to Lhe lint(? f)rrcen time of Ir i I i tigua l voters !I) Lhe C 1 Ly ads slluu I d he pub I i slit:d ill 511r_I11i ;;h and Creole. Mr. Gave i a responded 11101 LIIP ;ocl(i­s L i on r•iou l d be considered when Llic next. public heariny is advcl•Liscd. Mrmhor AI ni m. l orI.Inez asl;rcl i f Lhr ;e tiomts were needed for Lhe lio:p i t.a l I.o eypand or what was exactly t.trc i r' porlm)se. Mr. Myers sLafcd (hint. Lila llrirpose of Llie ►f-Jundilly was Lo reduce Ulu deht Service of Lhe hush i L,r l . Mrs. AlnnsoTlarLfnnz also asked if Ihe_r" 11. I ho"ll any 501;l,,mntial clim c r, ill (.Ite L i nallt. i a l pw-, i I i can of Lhe I1o";p i La I, Lo wh i ch IIt- I1,aslll�urrr answcl'nd ill I,he II(mP(fvc. CHAIR: I.e1. the record rc;f Ictct. I.hal, nu one fi'unl (Am pub] is appeared desiring Lu cummenL oil Lhis pvojcc(.. I b i s colic i odes the litth I i C heal' i ny schedtc 1 eel for todi>_y. . 'I'll i s irrnjQcL, LnyeHier with a Lr'alisc:l'i11L. of Loday's lcirhlic: hear iny, wi I I he forwa"dr'd Lo I IIQ C f I y Ccmutli ss iun al. a regular meet my at, Which Lime 0!, t'umnli ss itill wi I I approve or disal pvui ve Lhe prolrused issuance of builds. RespecLfully suhmi LLed, cis G- C it 1 . F.�Gill 'c Sec reLilr'y 93- 535 CITY OF MIAMI. FLORIDA INTER -OFFICE MEMORANDUM 11 TO: Honorable Mayor and Members DATE FILE of the City Commission AUG 2 61993 SUBJECT Agenda Item for City Commission Meeting. FROM REFERENCES Ces io Cit a er ENCLOSURES It is respectfully recommended that the City Commission adopt the attached resolution, with attachments, approving the issuance of an amount not to exceed $60,000,000 City of Miami, Florida Health Facilities Authority Health Facility Revenue Refunding Bonds, Series 1993 (Mercy Hospital Project), for the -purposes of Section 147(F) of the Internal Revenue Code of 1986, as amended; approving the minutes of the public hearing held by the Authority pursuant to the Tax Equity and Fiscal Responsibility Act of 1982; and providing an effective date. 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 $60,000,000 City of Miami, Florida Health Facilities Authority Revenue Refunding Bonds, Series 1993 (Mercy Hospital 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, Florida Health Facilities Authority. They are payable solely out of the revenues of Mercy Hospital, 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. 93- 535 h. 5 t: I �)'[j. l Y `' i 1'}} V.,. 4 t CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO H _ DATE FILE Honorable Mayor and Members of the City Commission AUG 2 61993 i SUBJECT . Agenda Item for City Commission Meeting. FROM REFERENCES Ces i io Cit a er ENCLOSURES LOXANOW210¢_ It is respectfully recommended that the City Commission adopt the attached resolution, with attachments, approving the issuance of an amount not to exceed $60,000,000 City of Miami, Florida Health Facilities Authority Health Facility Revenue Refunding Bonds, Series 1993 (Mercy Hospital Project), for the purposes of Section 147(F) of the Internal Revenue Code of 1986, as amended; approving the minutes of the public hearing held by the Authority pursuant to the Tax Equity and Fiscal Responsibility Act of 1982; and providing an effective date. 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 $60,000,000 City of Miami, Florida Health Facilities Authority Revenue Refunding Bonds, Series 1993 (Mercy Hospital 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, Florida Health Facilities Authority. They are payable solely out of the revenues of Mercy Hospital, 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. I 11