HomeMy WebLinkAboutR-91-0521J-91-505
6/11/91
RESOLUTION NO.
A RESOLUTION, WITH ATTACHMENTS, APPROVING THE
ISSUANCE OF NOT TO EXCEED $1,600,000 CITY OF
MIAMI, FLORIDA HEALTH FACILITIES AUTHORITY
HEALTH FACILITY REVENUE BONDS, SERIES 1991
(PASSAGEWAY RESIDENCE OF DADE COUNTY 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;
and
WHEREAS, on May 13, 1991, the Authority held a public hearing,
notice of which hearing was published on April 26, 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 $1,600,000 City of Miami, Florida Health
Facilities Authority Health Facility Revenue Bonds, Series 1991
(Passageway Residence of Dade County Project) (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 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; and
. ATTACHMENTS
C � TAIND
CITY CONDUSSIONi
METING OF
J U L 11 1991
91- 521
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 $1,600,000 pursuant to a bond
resolution adopted by the Authority on May 13, 1991 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 May 13, 1991 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 llth
ATTES
MA HIRAI, CITY CLERK
PREPARED AND APPROVED BY:
G. MIRIAM 14AER
CHIEF ASSISTANT CITY ATTORNEY
GMM:ra:M2291
day of
Jul
APPROVED AS TO FORM AND
CORRECTNESS:
'JOR E L FEEZ
CITY ATTORK9
, 1991.
91- 521
EXHIBIT A
MIAMI 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
Sookla Wlillams, who on 6olh says that she Is the Vice
President of Legal Advertising of the Miami Review, a daily
(except Saturday, Sunday and Legal Holldays) 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
NOTICE OF RESCHEDULING OF PUBLIC
BEARING
May 13, 1991
In the ................... X. X. X.............. Court,
was published In sold newspaper In the Issues of
April 76, 1991
Alfiani further says that the said Miami Review Is s
newspaper published at Miami In said Dade County, Florida,
and Ihat 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 sea mall matter at the post office In Miami In sold
Dade u y Florida, for a period of one year next precedlnp
the at pu Ilcallon of the attached copy of advertisement, and
&fit I fur or says that she has neither paid nor promissa any
per on, m or co oration any dlscounl, rebate, commission
or of or for the urpose of securing this advertisement for
pu lod Ion In Ih old news/paa or.
,li�i��rt°�6�• scd ad before me this
t 1.. .. .o. te.91...
(SEAL) »• rE . �.•
"OFFICIAL NOTARY SEAL"
OCTWIA V. FEROEYRE
My COMIC EXP. 7/9/94
` 'ITY OF MIAMI,
DADE COUNTY, FLORIDA
NOTICE OF RESCHEDULING
OF PUBLIC HEARING '
I Please take notice that the
public hearing originally ached-
.uled by the City of Miami, Flor-
Ida Health Facilities Authority
(the . "Authorily'l to bommence
at 6.30 p.m. on Aprll 30, 1991 has
been rescheduled to -commence,
at L.� p.m. on May 13, 1991 all
the Miami City Hell; Cily' Corri
mission Chambers, 3500 Pan'
American Drive, Miami, Florldti.
The Authority will hold the public
hearing regarding the proposed ,
Issuance of Its Health Facility'
Revenue Bonds In an aggregate
principal amount not to exceed
$1,600,000. the proceeds of
which bonds will be used to (a)
finance the acqulsitlonl con.,
struation.and •equipping of,a
1200 square toot, two•slory, 391
bed building for use as a mental
health residential treatment and
program facility (the "Facility"),
(b) provide a debt service reserve,
If deemed necessary, and (c) pay
certain coals of Issuance of the
bonds (collectively, the
"Project"). The Facility Is to be
located within the block bounded
on the weal by the 101h Avenue,
on the east by 71h Avenue, on
the south by 22nd Street and on
the north by 23rd Street near
2251 N.W. 10th Avenue, Miami,,
Florida 33127 and Is to bit.
operated and managed by.
Passageway Residence of Dade
County, Inc., a non-profit corpo•
ration (the "Corporation"), under
a sublease agreement from the
Florida Department of Health and
Rehabilitative Services, and•a
primary lease from the Board of
Trustees of the Internal
Improvement Trust Fund of the
State of Florida, as lessor and
owner of the site.
The bonds shall not be a debt,
liability or obligation of the
Authority, or of the City of Miami
or of the State of Florida or of
any political subdivision lhereol,:
but shall be payable solely from
revenues derived from operation
of the Facility or from security
provided by the Corporation. The
Authority has no taxing power.
I. At the pubpc 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 sub-
mit 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
las to be received by the (line of
the hearing. .
Ad Nc: 1157
4126 91.3-042639M
91•- 521
9:1-- ~�1
VVUThTT h
A special meeting of the City of Miami, Florida Health
Facilities Authority was held commencing at 5:30 P.M., May 13,
1991, at Miami City Hall, City Commission Chambers, 3500 Pan
American Drive, Miami, Florida.
Presiding: Dr. Beber
Present:Ms. Alonso-Martinez, Mr. Barreiro, Ms. Rosello
Absent: Rev. Peters '
Thereupon, Dr. Beber 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 Passageway Residence of Dade County, 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:
i
CHAIR: We will now conduct the public hearing on the
proposed issuance of health facilities revenue
i bonds for a project to be located in the City of
Miami, Dade County, Florida on behalf of
Passageway Residence of Dade County, Inc.
This public hearing is being conducted pursuant to
t.
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 t
P o be exempt from fedora
P 1
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
91-- ~?1
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 April 26, 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.
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.
MR. GARCIA: The project scheduled is a bond issue in an amount
not exceeding $1,600,000, 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, (b)
financing the acquisition, construction and
improvement of a building and related facilities
for the delivery of mental health services, and
the acquisition of related equipment, (c) provide
- 2 - 91-.
521
r
for capitalized interest, (d) provide a debt
service reserve, if deemed necessary, and (e) pay
certain costs of issuance of the bonds. The
building to be constructed is a 12,000 square
foot, two story, 38 bed, mental health residential
treatment and program facility.
Action taken by the Authority to date includes an
initial review of the project by the Authority's
Financial Advisor. 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 Percy Aguila is in attendance
representing the underwriters and Passageway.
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.
3119/MIA20001-0/AA5
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 - 91-- 521
91-- r21
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 May 13, 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 Passageway
Residence of Dade County, 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 13th day of May, 1991.
(SEAL)
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1119/MIA20001-0/AA5
e ary
91 - 521
9I-- r1
CITY OF MIAMI FLORIDA 6
INTER -OFFICE MEMORANDUM
TO Honorable Mayor and Members
of the 'ty Commission
FROM Cesar H . Odio
City Manager
$-COMMENDATION:
DATE
FILE .
JUN 2 71991
SUBJECT
Agenda Item for City
Commission Meeting.
REFERENCES
ENCLOSURES
It is respectfully recommended that the City Commission adopt the
attached resolution, with attachments, approving the issuance of
not.to exceed $1,600,000 City of Miami, Florida Health Facilities
Authority Health Facility Revenue Bonds, Series 1991 (Passageway
Residence of Dade County 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 $1,600,000 City of
Miami, Florida Health Facilities Authority Revenue Bonds, Series
1991, 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
Passageway Residence of Dade County 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.
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