12/29/2020 2:13:55 PM
5/18/2018 4:01:35 PM
Official Document Type
Agenda Item Number
Palm Beach County Health Facilities Authority
Financing and Refinancing for Improvements and Additions of Facilities
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A TRUE COPY <br />CERTIFICATION ON LAST PAGE <br />J.R. SMITH, CLERIC <br />of governmental organization that will accord best with the geographic, economic, and <br />population characteristics which influence the health care needs of Palm Beach County of the <br />State of Florida ("Palm Beach County") and the County and the inhabitants thereof; and <br />WHEREAS, the Authority finds that ACTS will be financially responsible and fully <br />capable and willing to fulfil its obligations including the obligation to make the debt service <br />payments in the amounts and at the times required and the obligation to repair and maintain the <br />health care facilities to be financed by the proceeds of the Bonds at its own expense; and <br />WHEREAS, title to the health care facilities to be financed by the proceeds of the Bonds <br />shall be in ACTS, and neither the Authority, the County nor the State of Florida or any political <br />subdivision thereof shall in any way be obligated to pay the principal, premium, if any, or <br />interest on the Bonds to be issued to finance the said project as the same shall become due, and <br />the issuance of such Bonds shall not directly, indirectly, or contingently obligate the Authority, <br />the County, the State of Florida, or any political subdivision thereof to levy or pledge any form <br />of taxation whatsoever therefore or to make any appropriation from ad valorem taxation <br />revenues or other revenues for their payment. <br />NOW, THEREFORE, THIS FIFTH AMENDMENT TO THE INTERLOCAL <br />AGREEMENT, BETWEEN THE AUTHORITY AND THE COUNTY, WITNESSETH AS <br />FOLLOWS: <br />SECTION ONE. At all times prior to and during the term of this agreement the <br />Authority and County constitute "public agencies" as that term is defined in Section <br />163.01(3)(b), Florida Statutes, as amended, and both the Authority and the County have in <br />common the power and authority to issue revenue bonds in order to provide financing for the <br />acquisition, operation and maintenance of health care facilities, such power and authority as each <br />might exercise separately. <br />SECTION TWO. The Authority and County are entering into this Amendment in order <br />to more effectively perform their service function related to the provision of adequate health care <br />facilities and services pursuant to the powers granted under Section 163.01, Florida Statutes, as <br />amended, and to permit the Authority to operate within the jurisdiction of the County for the <br />purpose of financing the two health care facilities owned by ACTS within the County. <br />SECTION THREE. This Amendment shall in no way be interpreted to authorize the <br />delegation of the constitutional or statutory duties of the Authority, the County, the State of <br />Florida, or any officers of any political subdivision thereof. <br />SECTION FOUR. This Amendment and the Bonds shall not be deemed to constitute a <br />debt, liability or obligation of or pledge of the faith and credit of the County, Palm Beach <br />County, the Authority, the State of Florida, or any political subdivision thereof. The issuance of <br />the Bonds shall not directly, indirectly, or contingently obligate the Authority, the County, Palm <br />Beach County, the State of Florida, or any political subdivision thereof to levy or to pledge any <br />form of taxation whatsoever therefore, or to make any appropriation for their payment. <br />244122732 <br />
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