HomeMy WebLinkAbout1996-149 RESOLUTION NO. R-96- 14 9
RESOLUTION OF THE BOARD OF THE COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY,
FLORIDA, APPROVING AN INTERLOCAL AGREEMENT AND
THE ISSUANCE OF REVENUE BONDS IN AN AMOUNT NOT TO
EXCEED $29,500,000 BY THE PALM BEACH
COUNTY HEALTH FACILITIES AUTHORITY
WHEREAS, the Palm Beach County Health Facilities Authority (the "Authority") is
considering the issuance of not to exceed $29,500,000 aggregate principal amount of one or
more series of its revenue bonds(the"Bonds%and
WHEREAS, the proceeds of the Bonds will be used by the Authority to make a loan to
Adult Communities Total Services, Inc. ("ACTS")and Brittany Pointe,an ACTS Community,
Inc. ("Brittany Pointe" and, together with ACTS, the "Obligated Group"), to be used to (i)
provide funds to refinance the following projects:
TOW
Assisad Raided
Ywr Rasidsntlel riving Nursing carious by
Nur of Pacilkv (Lebon opened Aglltaments units .BwL .PANOMW
st Aedrowe 29"Nath 6152 NOM Vards Trail 1976 274 0 120 400
Sara Rewe,FL 33433
Edgewater Roser EMM" 23315 Skit Water Cials 1913 360 54 99 516
Son Raton,FL 33433
3L Aedmra Brstas 4owh 6015 SwA Verde Trak 1913 321 40 0 313
Soo Robs,FL 33433
lediari Rivet BMMw But 2250 Indian Creak Blvd.Was 1917 354 46 60 S09
Vero Bomb,FL 32966
IMdin Rive BMMm West 7730 In"Oda Drive 1969 ,n —2 - �
Vero Bata,FL 32%6
TOTAL 1412 142 279 2033
• As of Augvn 31,1996.
(ii) fund a portion of a Master Debt Service Reserve Fund; and (iii) pay costs incurred in
connection with the issuance of the Bond; and
WHEREAS, the Facilities are owned and operated by ACTS; and
WHEREAS, the Authority proposes to finance two of the projects located in Indian River
County pursuant to an Interlocal Agreement authorized by Section 163.01(4), Florida Statutes
with the Board of County Commissioners of Indian River County, Florida;and
WHEREAS,pursuant to the requirements of Section 147(0(2)(A)(ii)the Internal Revenue
Code of 1986(the"Code")as a prerequisite to the issuance of the Bonds it is necessary that the
Board of County Commissioners of Indian River County approve the issuance thereof after said
public hearing;and
WHEREAS, the Board of County Commissioners of Indian River County desires to
evidence its approval of the issuance of said Bonds solely to satisfy the requirements of the Code
and its authorization of the Interlocal Agreement.
NOW, THEREFORE, BE rr RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA:
1. That the Board of County Commissioners of Indian River County hereby approves
the issuance of the Bonds solely for purposes of Section 147(0 of the Internal Revenue Code of
1986.
2. That entry into an Interlocal Agreement substantially in the form presented to this
meeting and attached hereto as Exhibit A is hereby approved.
2
3. That this Resolution shall be effective immediately upon its adoption.
The foregoing resolution was offered by Commissioner Eggert who moved
its adoption. The motion was seconded by Commissioner G i n n and upon being
put to a vote,the vote was as follows:
COMMISSIONER FRAN B. ADAMS, CHAIRMAN Aye
COMMISSIONER CAROLYN K. EGGERT AyP
COMMISSIONER CAROLINE D. GINN A y e
COMMISSIONER KENNETH R. MACHT Aye
COMMISSIONER JOHN W.TIPPIN AYE
The Chair thereupon declared the resolution duly passed and adopted this 26 day of
November , 1996.
INDIAN RIVER COUNTY,FLORIDA,BY ITS
BOARD OF COUNTY CONWSSIONERS
(Seal)
Jeffrey K. Barton,Cie
B
Deputy Clerk
APPROVED AS TO FORM AND
LEGAL SUFFIC CY
By: -
county Attorney Indio wre Ca Approval 0,1
Admen. !
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973202 DEC 17 FM 12:09
to DMERLOCAL AGREEMENT
BETWEEN TIRE PALM BEACH COUNTY HEALTH FACILITIES
AUTHORITY AND INDIAN RIVER COUNTY
WHEREAS, the Palm Beach County Health Facilities Authority (the"Authority") is a
public body corporate, organized and existing under and by virtue of Chapter 154, Part III,
Florida Statutes,and is a properly constituted Health Facilities Authority and a"public agency"
and a"local agency" under Chapter 159, Part H, Florida Statutes; and
WHEREAS, Indian River County (the "County") is a political subdivision of the State
of Florida and a "public agency" and a "local agency" under Chapter 159, Part 11, Florida
Statutes;and
WHEREAS, the Authority is considering the financing of five(5) health care facilities,
three (3) of which are in the jurisdiction of the Authority and two (2) of which are in the
jurisdiction of the County,all pursuant to Chapter 159,Part H,Florida Statutes,and all of which
are owned and operated by Adult Community Total Services, Inc., ("ACTS") a not-for-profit
corporation determined to be tax-exempt under Section 501(c)(3)of the Internal Revenue Code
of 1986 and duly licensed by the Florida Department of Insurance pursuant to Chapter 651,
Florida Statutes;
WHEREAS, it is deemed desirable by both the Authority and County that the Authority
and the County enter into this Interlocal Agreement, as provided for and under the authority of
Chapter 163,Florida Statutes, and Section 125.01(p),Florida Statutes,in order to assist ACTS
by financing the said five (5) projects constituting "health care facilities" under Chapter
159.27(16)of the Florida Statutes; and
WHEREAS, the Authority and ACTS have determined that the provision of funds by
the Authority to ACTS will assist in the maintenance of the public health of the residents of the
County, and shall serve a public purpose by improving the health and living conditions and
providing adequate medical care and health care facilities therein and will promote the most
efficient and economical maintenance of health care facilities in a manner and pursuant to forms
7- of governmental organization that will accord best with the geographic, economic, and
population characteristics which influence the health care needs of Palm Beach County and
< Indian River County and the inhabitants thereof, and
e WHEREAS, the Authority finds that ACTS will be financially responsible and fully
v capable and willing to fulfill its obligations including the obligation to make the debt service
payments in the amounts and at the times required and the obligation to repair and maintain the W
health care facilities at its own expense;and
J WHEREAS, title to the health care facilities shall be in ACTS and neither the Authority,
the County nor the State of Florida or any political subdivision thereof shall in any way be C
obligated to pay the principal,premium,if any,or interest on the Bonds to be issued to finance
the said five (5) health cane projects as the same shall become due, and the issuance of such
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Bonds shall not directly,indirectly,or contingently obligate the Authority,the County,the State
of Florida,or any political subdivision thereof to levy or pledge any form of taxation whatsoever
therefore or to make any appropriation from ad valorem taxation revenues or other revenues for
their payment.
NOW, THEREFORE, THIS INTERLOCAL AGREEMENT, between the Palm Beach
County Health Facilities Authority and Indian River County, WITNESSETH AS FOLLOWS:
SECTION ONE: At all times prior to and during the term of this agreement the
Authority and County constitute "public agencies" as that term is defined in Section
163.02(3)(b), Florida Statutes, as amended, and both the Authority and the County have in
common the power and authority to issue revenue bonds in order to provide financing for the
acquisition,operation and maintenance of health care facilities,such power and authority as each
might exercise separately.
SECTION TWO: The Authority and County are entering into this Interlocal Agreement
in order to more effectively perform their service function related to the provision of adequate
health cane facilides and services pursuant to the powers granted under Section 163.01, Florida
Statutes,as amended,and to permit the Authority to operate within the jurisdiction of the County
for the purpose of financing the two health care facilities owned by ACTS within the County.
SECTION THREE: This Interlocal Agreement shall in no way be interpreted to
authorize the delegation of the constitutional or statutory duties of the Authority, the County,
the State of Florida, or any officers of any political subdivision thereof.
SECTION FOUR: This Interlocal Agreement and the Bonds shall not be deemed to
constitute a debt, liability or obligation of or pledge of the faith and credit of Indian River
County, Palm Beach County, the Authority, the State of Florida, or any political subdivision
thereof. The issuance of the Bonds shall not directly, indirectly, or contingently obligate the
Authority, the County, Palm Beach County, the State of Florida, or any political subdivision
thereof to levy or to pledge any form of taxation whatsoever therefore, or to make any
appropriation for their payment.
SECTION FIVE: Title to the health care facilities financed pursuant to this Interlocal
Agreement shall be in ACTS and neither the Authority nor the County shall have any title or
interest therein. $
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IN WTI'NESS WHEREOF,this Interlocal Agreement has been executed by and on behalf
of the County by its Chairman and the seal of said County affixed hereto and attested by the
Clerk of the County, the Authority has caused this Interlocal Agreement to be executed by its
Chairperson, its seal affixed hereto, as attested by a Designated Member of said Authority.
ATTEST: INDIAN RIVER COUNTY, FLORIDA
(the "County")
By -�`"^- ---" C S210 0 BY
Its CLE5g:&LrjCuiT COU^T Its FR
PALM BEACH COUNTY HEALTH
41.1 ��i.�tc'..• FACILITIES AUTHORITY
(the "Authority")
By , B
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Designated M ChairWson
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STATE OF FLORIDA )
COUNTY OF INDIAN RIVER )
I,R I.t e r C. W01 r'6 ,a Notary Public in and for said County in said State,
hereby certify that on 2e&, a 7 .0 1996,_FRA,y A. A D,4 Al S ,whose name as the
Chairman of the Board of County Commissioners of Indian River County, Florida is signed to
the f niping Interlocal Agreement and who is known to me, acknowledged before me on this
day that, being informed of the contents of said Interlocal Agreement, she, in her capacity as
Chairman of the Board of County Commission of Indian River County, State of Florida,
executed the same voluntarily.
ia��ee�
Notary Public, State of Florida
My Commission Expires.
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STATE OF FLORIDA )
COUNTY OF PALM BEACH )
I, '�Cda �.RBAIyA) , a Notary Public in and for said County in said State,
hereby certify that on tQMj1r: lr5' , 1996,h Its LAI .M.a,whose name as the
Chairperson of the Palm Beach County Health Facilities Authority is signed to the foregoing
Interlocal Agreenwnt sand who is known to me,acknowledged before me on this day that,being
informed of the contents of said Interlocal Agreement, she, in her capaci as Chairperson of
the Palm Beach County Health Facilities Authority, executed the same v u tarily.
Notary Public, State 6Morida
My Commission Expires:
Jh1A1)JHIIJJJ7)»Nl7llnay)�)))
John F.FWJAII
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