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HomeMy WebLinkAboutR-92-0176is J-92-178 , 3/4/92 RESOLUTION NO. 9 -9 '- 17 6 A RESOLUTION, WITH ATTACHMENTS, APPROVING THE ISSUANCE OF AN AMOUNT NOT TO EXCEED $16,000,000 CITY OF MIAMI, FLORIDA HEALTH FACILITIES AUTHORITY HEALTH FACILITIES REVENUE BONDS (MIAMI JEWISH HOME AND HOSPITAL FOR THE AGED, INC. PROJECT), SERIES 1992, 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; and WHEREAS, on March 4, 1992, the Authority held a public hearing, notice of which hearing was published on February 20, 1992 and February 21, 1992 in the MIAMI REVIEW (copies of which notices are 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 an amount not to exceed $16,000,000 City of Miami, Florida Health Facilities Authority Health Facilities Revenue Bonds (Miami ATTACHMENT(S) CONTAINED CITY COMMISSION MEETING Or M 4R1 2 1992 Resolution No. 92- 176 Jewish home and Hospital for the Aged, Inc. Project), Series 1992 (the "Bonds"), as required by Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code"); and WHEREAS, on May 13, 1991, the Authority adopted an Inducement Resolution expressing its intent to issue the Bonds and on February 24, 1992, the Authority adopted an Authorizing Resolution (the "Authorizing Resolution") authorizing the issuance, execution, sale and delivery of the Bonds and the forms of financing documents related thereto, all subject to the holding of the Authority's public hearing, approval by the Commission and final approval by the Authority of the financing documents; and WHEREAS, after reviewing a copy of the minutes of the Authority's public hearing held on March 4, 1992 in respect of 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 CITY 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. - 2 - 92- 176 3512/MIA20003-2/AD4 Section 2. The issuance of the Bonds in an aggregate principal amount not to exceed $16,000,000 pursuant to the Authorizing Resolution is hereby in all respects approved for purposes of Section 147(f) of the Code. Section 3. The Board hereby approves the minutes of the public hearing held with respect to the Bonds on March 4, 1992 in accordance with the Tax Equity and Fiscal Responsibility Act of 1982, which transcript was presented at this meeting. Section 4. This Resolution shall become effective immediately upon its adoption. PASSED and ADOPTED this 12th day of March , 1992. ATTEST: MAT Y HIRAI, CITY CLERK LEGAL REVIEW: G. MIRIAM MAER CHIEF ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: M ri 1 35721HIA20003-2/AD4 h 2 "- 176 0 rxtirnzr A. MIAMI REVIEW KIN10 ed ttWty;xaept Iluwid y, UpOr a+d L"m i wws" Mlw%k Dads Ommly, Flotta.. SM Off► OLOYADA CO MTY OP DAD14 $ON* do WA&.,p I oemedly p"Venoh► farad 41Mtraa V. Pbiw Odle M aalh wee am OM to fho aupw Nee► ofI6"0 I►draNt6Jne ar 11•e ta1et Rertan, a dim III M1 t1yM11MIMt� 6" a LeW AMM1MNewit ot M►Mw CM OF HL4M NICS OF P=C MUM Auftrri sl1salthh Fi+eUita of ie9 Revenue Bori ,d MrYe ... m`.........r x .x ............... baum "a pwww IN acted tlataey wr to an bsuee at Fab>:uary 20 a 1992 wtp tuAL wTARY SALO CHtttn tf. *"It M/ C011It. 9111+. 4111103 P1w*# we r4we that ltte city of Wwt AuthoA� Itt►e �v►ut+non 7 MII hM N et 4:30 P.M: On tiAatslt 4, Ill 1 "d Rleflldtlf ' K the all M tila (Melt. MI 1r 04 Dand"m Plan CAIn ter !oo 13mawm rSowdinp a mmPaee0 lewienor MM ttae FAVVM hand. to N sibs io mo the pmows 61 votl1+ Oww phrouph refrn0eneetanl Ot' a Of {p the "MIellten, 09foiA»tlort lia a Ovuue toot, tt4 ItiptWa►tard bed 4141118111 ftwtlity and the OOnrOvOt1On, fff* Mt1 and equipping al an sw*o M tlodeM� toot,120 bad Oktiled nenllnp Witlr � In conttactton EDOita to Ices ooah (eoll. NPyetloan totOO 61rkMO ri •raeNb, it dbemed now �� nec"S" and to the Deyntent Oi a I bonds (OOttect , the * PA*M*%10 Of tsh Home Or10 HoeplW 40 Vw a0rp0ration {the Towmion'$ na Sxl■tlgpOwpul ww Omomm End Ammm. Miami, F$DA a 33W and Ili Opwided and ma"ld by 11M ttu►d *mooing hwh i{Ottllle. opa K tMt� k N a the dlof" met,Nrr . ►re*wn At tm M.! OfNp Nip! N OWNIL r pit of 1% toast" Tile la0rtde tMMI hot be M ttbM, N�4tMt1►M 4bi+tF0�1 M MM MItZMft• i ty, or or the city of Miami or v1 the ittle �gleAtAe of ttsw ' politind aubdlvtelon thpr W, but VW M Nte4 fn�n toymos aarwed from cp"" N 00M�MttitMl MwMtr1'' pravidu by the CorpbrwIcn. M# AuthOittY hm Ob "iftg oamr i tt� At ttte pubtlo Me. f tn0 tl►gr �tlnDll� be�ll�erN 1M ptopoeea Ittwttlltoe of IMt OMtMIt► naturs and It701tlon Of Ve tMIj1t10. lllo Attt�dll►l�rtebtlAlt /� treneactpt of �n+anut bA� Soy M'Ob► city aannttulon of tr+e Olq► �wYA1Mt MdA'1�s or die""" the lettum!" N pN ttaNi. ARM Submit wthtee�� oot»1t+en 0 empt tivMNf Mw trip M by the tko o11he t)Wro. No. 11e7 ' t vso r - ., tg4taZgtlM :. G� El MIAMI 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 Oclelma V. Ferbeyre, who on oath says that she is the Super• visor of Legal Advertising of the Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami In Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice In the matter of CITY OF MI11MI , FLORIDA CORRECTED NOTICE OF PUBLIC HEARING March 4, 1992 Re: proposed issuance of the Authority's Health Facilities Revenue Bonds In the ..............N . -N . N .................... Court, was published In sold newspaper in the Issues of February 21, 1992 Allient further says that the said Miami Review Is a newspaper published at Miami in sold Dads County, Florida, and thhat the said newspaper has heretofore been continuously published In sold Dade County, Florida each day (except Saturday, Sunday and Legal Holidays) and {gas been entered as second class mall matter at the post office In Miami In said Dade County, Florida, for a period of one year next preceding the first publication of the attached co f advertlsement; and afflant further says that she has n r pa nor promised any person, or corpora 'on an m, r bets, commission or rs1 d fN the p o ur g 1hi advertisement for pub ell Ih the ne er 24day of FE (SEAL) before me this A.O. 19..92.. `OFFICIAL ROTARY SEAV CRISTIi A INMLM0 MY C". EXP. 4/S/95 _S e CITY OF MiAMI, FLORIDA ° CORRECTED NOTICE OF PUBLIC HEARING Please take notice that the City of Miami, Florida Health Facilities Authority (the "Authority') will hold a public hearing to commence at 4:30 P.M. on March 4, 1992, through one or more of Its author- Ized members, at the office of the City of Miami Finance Depart- ment, Finance Department Conference Room, Suite 210, Dupont. Plaza Cenlet, 300 Biscayne Boulevard Way, Miami, Florida, 33131 regarding the proposed Issuance of the Authority's Health Facili- ties Revenue Bonds In an aggregate principal amount not to exceed $16,000,000 the proceeds of which bonds will be used to finance (through reimbursement or otherwise) all or a portion of the cost of (a) the acquisition, construction and equipping of a new 106,000 square fool, 174 replacement bed skilled nursing and rehabilitation facility and the construction, renovation, relocation, improvement and equipping of an adjacent existing three-story, 37,000 square foot, 120 bed skilled nursing facility and additional related parking In connection therewith, and related capital facilities and author - [zed costs (collectively,* the "Facilities'), (b) the repayment of a prior loan for the building fund and of a prior loan for construction of skilled nursing facilities; (c) a debt service reserve, it deemed necessary, (d) capitalized Interest, if deemed necessary and (e) the payment of certain costs of Issuance of the bonds (collectively, the "Project'), all on behalf of the Miami Jewish Home and Hospi- tal for the Aged, Inc., a Florida non-profit corporation (the "Corpo- ration'). The Facilities will be located on the existing campus and grounds of the Corporation at 5200 N.E. 2nd Avenue, Miami, Flor• Ida 33137 and the Facilities will be owned, operated and managed by the Corporation as part of its existing and ongoing health facili- ties operations at sold location. The bonds shall not be a debt, liability or obligation of the Authorl- ly, or of the City of Miami or of the State of Florida or of any political subdivision thereof, but shall be payable solely from revenues derived from operation of the Facilities or from security provided by the Corporation. The Authority has no taxing power. At the public hearing any person may be heard regarding the proposed issuance of the bonds, the plan of financing and the nature and location of the Project. The Authority will submit a transcript of statements and a record of the proceedings to the City Commission of the City of Miami, Florida, which must approve or disapprove the Issuance of the bonds. Any person desiring to submit written comments must submit them so as to be received by the time of the hearing. No. 1167 9191 92- 97.."77171 MRR 1 '7 6 EXHIBIT B A special meeting of the City of Miami, Florida Health Facilities Authority was held commencing at 4:30 P.M., March 4, 1992, at the City of Miami Finance Department, Finance Department Conference Room, Suite 210, Dupont Plaza Center, 300 Biscayne Boulevard Way, Miami, Florida 33131. Presiding: Dr. Charles Beber Present: Carlos Garcia, Robin Jackson Absent: Thereupon, the Chairman announced that the Authority would now proceed to hold a public hearing on the issuance of its health facilities revenue bonds for a proposed health facilities project on behalf of Miami Jewish Home and Hospital for the Aged, Inc. The hearing is being held for the purpose of hearing from anyone who wishes to be heard on the proposed bond financing and the proposed project. The following is a substantially verbatim account of the proceedings of this hearing: CHAIR: We will now conduct the public hearing on the proposed issuance of health facilities revenue bonds for 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. TEFRA requires that in order for the interest on hospital revenue bonds to be exempt from federal income tax, such proposed bonds and the projects 92- 176 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. The City Commissioners of the City of Miami have directed that this Authority conduct the required public hearing following which a transcript of the testimony given at the hearing will be provided to the Commission at a regular meeting of the Commission, at which time the Commission will 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 Executive Director please introduce the required notice of public hearing. MR. GARCIA: The Notice of Public Hearing was published in the Miami Review on February 20, 1992 and February 21, 1992, advising that the Authority will hold a public hearing on the proposed issuance of its Health Facilities Revenue Bonds. We have on record copies of the Notice of Public Hearing. 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 bond financing and the project. Second, testimony from anyone desiring to speak or submit written testimony on the specific project under consideration will be heard or submitted. Anyone wishing to speak or submit written testimony should give his or her name and address for the record. Will 'Counsel please introduce the project for consideration. MS. JACKSON: The project scheduled is a bond issue in an amount not exceeding $16,000,000, the proceeds of which will be used to finance (through reimbursement or otherwise) all or a portion of the cost of (a) the acquisition, construction and equipping of a new 106,000 square foot, 174 replacement bed skilled nursing and rehabilitation facility and the construction, renovation, relocation, improvement -?- 92- 176 3572/MIA20002-1/AA1 and equipping of an adjacent existing three-story, 37,000 square foot, 120 bed skilled nursing facility and additional related parking in connection therewith, and related capital facilities and authorized costs (collectively, the "Facilities"), (b) the repayment of a prior loan for the building fund and of a prior loan for construction of skilled nursing facilities; (c) a debt service reserve, if deemed necessary, (d) capitalized interest, if deemed necessary and (e) the payment of certain costs of issuance of the bonds (collectively, the "Project"), all on behalf of the Miami Jewish Home and Hospital for the Aged, Inc., a Florida non-profit corporation (the "Corporation"). The Facilities will be located on the existing campus and grounds of the Corporation at 5200 N.E. 2nd Avenue, Miami, Florida 33137 and the facilities will be owned, operated and managed by the Corporation as part of its existing and ongoing health facilities operations at said location. Action taken by the Authority to date includes an initial review of the project by the Authority. 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 Olga Cenal is in attendance representing the Corporation. Is there anyone who wishes to speak or file written testimony on this matter? CHAIR: Let the record reflect that no one appeared desiring to comment on this project. This concludes the public hearing scheduled for today. This project, together with a transcript of today's public hearing, will be forwarded to the City Commission at a regular meeting at which time the Commission will approve or disapprove the proposed issuance of bonds. 9572/MIA20002-1/AAI 9 2 W 176 STATE OF FLORIDA ) ) SS. COUNTY OF DADE ) I, CARLOS GARCIA, Secretary of the City of Miami, Florida Health Facilities Authority, DO HEREBY CERTIFY that the foregoing is an accurate copy of so much of the recorded proceedings of the Authority at a meeting held on March 4, 1992 as set forth in the official minutes of the Authority, as relates to the proceedings of the Public Hearing held pursuant to Section 147(f) of the United States Internal Revenue Code of 1986, concerning the proposed issuance of bonds on behalf of Miami Jewish Home and Hospital for the Aged, Inc., a Florida non-profit corporation. I DO FURTHER CERTIFY that said meeting was duly called and held in accordance with Chapter 286, Florida Statutes. WITNESS my hand and Corporate Seal of said Authority, this 4th day of March, 1992. Secretary (SEAL) on, OF MIAMI, FLORIDA 0 23 INTER -OFFICE MEMORANDUM TO: Honorable Mayor and Members DATE FILE of the City Commission MAR -�2 SUBJECT : Agenda Item for City Commission Meeting FROM : REFERENCES Cesar H. Odio City Manager ENCLOSURES: It is respectfully recommended that the City Commission adopt the attached resolution, with attachments, approving the issuance of not to exceed $16,000,000 City of Miami, Florida Health Facilities Authority Health Facility Revenue Bonds, (Miami Jewish Home and Hospital for the Aged, Inc. Project), Series 1992, 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. City of Miami by resolution 91-840 approved the issuance of not to exceed $15,000,000 City of Miami, Florida Health Facilities Authority Health Facility Revenue Bonds, Series 1991 for the Miami Jewish Home and Hospital for the Aged, Inc. At this time the Hospital has requested an increase in the size of the issue to an amount not to exceed $16,000,000. A new public hearing has been held in accordance with Section 147(F) of the Internal Revenue Code of 1986, which minutes are hereby submitted as Exhibit B to the attached resolution authorizing the issuance of bonds in an amount not to exceed $16,000,000. The attached resolution supersedes and replaces resolution 91-840. These bonds have already been approved by the City of Miami Health Facilities Authority and this resolution is being recommended by the Authority for approval. 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 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. a� 92- 176 ,P3-/