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HomeMy WebLinkAboutR-91-0840J-91-839 10/17/91 RESOLUTION NO. A RESOLUTION, WITH ATTACHMENTS, APPROVING THE ISSUANCE OF NOT TO EXCEED $15,000,000 CITY OF MIAMI, FLORIDA HEALTH FACILITIES AUTHORITY HEALTH i FACILITY REVENUE BONDS, SERIES 1991 (MIAMI JEWISH HOME PROJECT), FOR THE PURPOSES OF SECTION 147(F) 1 OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED; I APPROVING THE MINUTES OF THE PUBLIC HEARING HELD BY THE AUTHORITY PURSUANT TO THE TAX EQUITY AND i 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 September 10, 1991, the Authority held a public hearing, notice of which hearing was published on August 27, 1991 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 $15,000,000 City of Miami, Florida Health Facilities Authority Health Facility Revenue Bonds, Series 1991 (Miami Jewish Home Project) (the "Bonds"), as required by Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code"); crily C.- NOV 14 1991 RUOlUT10N Na. WHEREAS, on May 13, 1991, 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 on September 10, 1991 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 issuance of the Bonds in an aggregate principal amount not to exceed $15,000,000 pursuant to a bond resolution adopted by the Authority on September 10, 1991 is hereby in all respects approved for purposes of Section 147(f) of the Code. Section 2. The City Commission hereby approves the minutes of the public hearing held with respect to the Bonds on September 10, 1991 in accordance with the Tax Equity and Fiscal Responsibility Act of 1982, which transcript was presented at this meeting. Section 3. This Resolution shall become effective immediately upon its adoption. L Ul El PASSED AND ADOPTED this 14th day of ___ November_ (SEAL) MATTY HIRAI, CITY CLERK PREPARED AND APPROVED BY: G. M IAM MAER CHIEF ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: -3- XAVIER L. M A , 1991 . SUAREZ 0 R 173 MIAiViI REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally appeared Sookle VAIllams, who on oath says that she Is the Vice President of Legal Advertising of the Miami Review, a dolly (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 MIAMI Health Facilities Authority Public Hearing 9/10/91 In the ........... X ..X . X. .................... Court, was published In said newspaper in the Issues of August 27, 1991 Afflant further says that the said Miami Review is a newspaper published at Miami In said Dade County, Florida, and thhat the sold newspaper has heretofore been continuously published In said Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office In Miami In said Ireffor Florida, for a period of one year next preceding cation of the attached copy of advertisement; and says that she has neither paid nor promised any r corporation any discount, robots, commission the purof securing this advertisement for 4pose newspaper • S'rRanapribed before me this f 2 7 ... day of ......R . U .. . .., A.D. 19.... 1. • • ......� ..... +.• .. . (SEAL) "OFFICIAL NOTARY SEAL" CHERYL H. MARMER MY COW EXP. 4/12/92 EX)11 b1 t A CITY OF MIAM1•�''' : ' ., f` HEALTH FACILI't'�B�;AUTN0 #�, y NOTICE OF PUBLIC, HEARING Please take notice that the City of Mlaml,'F�ofida Neallh t 14b 1ties Authority (the "Authority") will hold a public hearing to commence at 5:30 P.M. on September 10, 1991,-through'one oe more 'of- Its authorized members, at the Miami City Hail, City Commissldh Cham- bers, 3500 Pan American Drive, Miami, Florida, tegarding the proposed Issuance of the Authority's Health Facility Revenud Bonds IR' an aggregate principal amount not to exceed $15,000,000 the probeeds of which bonds will be used to (a) finance the acquisition, cbristruc• lion and equipping of a certain building; bansisting of 'approximalely 106,000 square 'feet, housing approxlm4te1y'174 beds;' whlcht'Will replace a like number of existing beds, the cbnstructlon and 04610• ping of a rehabilitation complex In said bullding,'additlonhl'parking In connection therewith, and related capital facilities and -authorized costs (collectively, the "Facilities"), (b) to repayta priof.loatl tot -the building fund; (c) provide a debt servicereserve, if deemed nAcessaiy, (d) provide for capitalized interest, and (e) payt;ertatn cost§ oYi§su; ance of the bonds (collectively, the "Project'); all on behalf ,ofr,the Miami Jewish Home and Hospital for the Aged, Inc:;'a non=pfofit Corporation (the "Corporation"). the facilities Will be located on the existing campus and grounds of the Corp6rat{66 at 5200 NZ.lhd Avenue, Miami, Florida and the facilities wilf-'be owned, operated and managed by the Corporation as part Of Its existing and onging health facilities operations at said location. tiro'" The bonds shall not be a debt, liability or obligation of the Author• ity, 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 Facility or from security'provlded by the Corporation. The Authority has no taxing power. At the public hearing any person may be heard regarding,lhe 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 Cotnmisslon of the City of Miami, Florida, which must approve,or disapptoveahe Issuance of the bonds. Any person declring to submit written com,' ments must submit them so as to be received by the' time of the hearing. Ad No. 1164 8/27 91-3-082750Mi 1W Vk Exhibit B A special meeting of the City of Miami, Florida Health Facilities Authority was held commencing at 5:30 P. M., September 10, 1991, at Miami City Hall, Committee of the Whole Room, 3500 Pan American Drive, Miami, Florida. Presiding: Dr. Charles Beber, Chairman Present: Ms. Maria Alonso Martinez Mr. Bruno Barreiro, Jr. Ms. Gloria Rosello Absent: Rev. Ronald Peters 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 of 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: Dr. Beber: 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 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 August 27, 1991, advising that the Authority will hold a public hearing on the proposed issuance of its Health Facilities Revenue Bonds. We have on record a copy of the Notice of Public Hearing. Dr. Beber: 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. Mr. Myers: The project scheduled is a bond issue in an amount not exceeding $15,000,000 the proceeds of which will be used to (a) reimburse the corporation for certain prior capital expenditures which were or will be advanced for the proposed facilities acquisition, construction and improvement, or to repay and retire a previous loan from Sun Bank/Miami, N.A., (b) provide a debt service reserve, if deemed necessary, (c) provide for capitalized interest, and (d) pay certain costs of issuance of the bonds. The building to be constructed is a 106,000 square foot facility, housing approximately 174 beds, which will replace a like number of existing beds, and including a -2- �s .� .s v+::i � _ r ; .{ i��-r •xis rehabilitation complex in the building, additional parking in connection therewith, and related capital facilities and authorized costs. 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. The secretary may indicate what the financial advisor has indicated. Mr. Garcia: The financial advisor has indicated that since there will be a financial institution that will provide a letter of credit, there is no need at this time to have a credit review of the applicant. The financial institution will provide the credit review at the time the letter of credit is issued. Dr. Beber: Testimony will now be heard by anyone desiring to speak on the proposed project. Is there anyone who wishes to speak or file written testimony on this matter? 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. -3- . 40 a 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 September 1.0, 1991, 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 loth day of September, 1991. Secretary ( SEAL) CITY OF M1AMI, FLORIDA 27 INTER -OFFICE MEMORANDUM TO Honorable Mayor and Members of the City Commission 00-11, 6?�eK� :ROM Cesar H. Odio City Manager REQQ— MMJ=_& IQ_R: IATF SUBJECT REFERENCES ENCLOSURES FILE Agenda Item for City Commission Meeting. It is respectfully recommended that the City Commission adopt the attached resolution with attachments, approving the issuance of not to exceed $15,000,000 City of Miami, Florida Health Facilities Authority Health Facility Revenue Bonds, Series 1991 (Miami Jewish Home 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. 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 $15,000,000 City of Miami, Florida Health Facilities Authority Revenue Bonds, Series 1991, (Miami Jewish Home 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 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. '40 �-I 1 1 -j €l b .. .-, '3 W�