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22-1623 Bonds - Orlando Health for new free-standing emergency department RESOLUTION NO. 22-1623 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF LONGWOOD, FLORIDA, APPROVING THE ISSUANCE BY THE ORANGE COUNTY HEALTH FACILITIES AUTHORITY OF ITS HOSPITAL REVENUE BONDS (ORLANDO HEALTH OBLIGATED GROUP) IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $20,000,000, WITH RESPECT TO HEALTHCARE FACILITIES IN LONGWOOD, FLORIDA, IN ONE OR MORE SERIES OVER THE LONGEST PERIOD PERMITTED BY LAW, FOR THE BENEFIT OF ORLANDO HEALTH, INC., A FLORIDA NOT-FOR-PROFIT CORPORATION; PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the Orange County Health Facilities Authority (the "Orange County Authority") has been created pursuant to the Health Facilities Authorities Law, Part III of Chapter 154 of the Florida Statutes, as amended; and WHEREAS, Orlando Health, Inc., a Florida not-for-profit corporation ("Orlando Health") has informed the City of Longwood, Florida (the "City"), that it has requested the Orange County Authority to issue its Hospital Revenue Bonds (Orlando Health Obligated Group) under a plan of finance in an aggregate principal amount not to exceed $20,000,000, with respect to its healthcare facilities in Longwood, Florida, in one or more series over the longest period permitted by law; and WHEREAS, Orlando Health has represented to the City that the proceeds of the bonds issued under such plan (the "Bonds") will be loaned to Orlando Health, and used to (a) finance, refinance, or reimburse the costs of acquiring, constructing, renovating and equipping a new 12,600 square foot free-standing emergency department and related offices, parking and ancillary facilities of Orlando Health (the initial owner or principal user of such facilities), located or to be located on the current South Seminole Hospital Campus at 555 West State Route 434 in Longwood, Florida (collectively, the "Project"), (b) provide one or more debt service reserve funds for the benefit of all or a portion of the Bonds, if deemed necessary or desirable, (c) pay a portion of the interest to accrue on the Bonds, if deemed necessary or desirable, (d) pay certain working capital expenditures, if deemed necessary or desirable, and (e) pay certain costs of issuance of the Bonds, including the costs of any credit or liquidity enhancement thereof, if deemed necessary or desirable; and WHEREAS, Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code"), requires the approval of the issuance of the Bonds by the City Commission of the City (the "City Commission"), as the "applicable elected representative" under Section 147(f) of the Code, after a public hearing following reasonable public notice; and WHEREAS, attached hereto as Exhibit A is a copy of the Notice of Public Hearing (the "Notice") of a Public Hearing held by the City Commission on December 19, 2022 (the "Public Resolution No.22-1623 Page 1 of 4 Hearing"), which notice was posted on the City of Longwood's public website on December 9, 2022; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LONGWOOD, FLORIDA,AS FOLLOWS: Section 1. Approval of Issuance of the Bonds. The issuance by the Orange County Authority of the foregoing Bonds, under the plan of finance describe above, in an aggregate principal amount not to exceed $20,000,000 with respect to the healthcare facilities in Longwood, Florida, described above, in one or more series over the longest period permitted by law for the purposes set forth above, is hereby approved, subject to the limitations set forth in Sections 2 and 3. Section 2. City's Limited Approval and Obligations. The Bonds do not and shall not constitute a debt, liability or obligation of the City of Longwood, Florida or of the State of Florida or of any political subdivision thereof, or as a pledge of the faith and credit or any taxing power of the City of Longwood, Florida or of the State of Florida or of any political subdivision thereof, but shall be limited obligations of the Orange County Authority payable solely from and secured by a pledge of payments to be made only by Orlando Health and certain of its affiliates (the "Orlando Health Obligated Group"). The approval given by the City in this Resolution is solely for the purpose of satisfying the requirements of the Code and shall not be construed as an evaluation by the City of the likelihood of the repayment of the debt service on the Bonds or of the likelihood that the Project will be designed, permitted, constructed or operated as represented by Orlando Health. Further, the approval by the City Commission of the issuance of the Bonds by the Orange County Authority shall not be construed to obligate the City or its officials and employees to incur any liability, pecuniary or otherwise, in connection with either the issuance, marketing or repayment of the Bonds or the acquisition, design, permitting, and construction of the Project. Section 3. Purpose and Limitations on the Approval by the City. The approval given herein shall be solely for the purpose of satisfying the requirements of Section 147(f) of the Code, and shall not be construed as an approval of any zoning application or any regulatory permit required in connection with the issuance of the Bonds or the Project, or creating any vested rights for the Project with respect to any land use regulations, and the City Commission shall not be construed by virtue of its adoption of this Resolution to have waived, or be estopped from asserting, any rights or responsibilities it may have in that regard. The approval given herein shall not be construed as an endorsement or approval or recommendation of the creditworthiness of the Orlando Health Obligated Group or a recommendation to prospective purchasers to purchase the Bonds. The City and its officials and employees do not give any representations or warranties concerning the Bonds or the Project to anyone Section 4. Further Acts. The Mayor and, if necessary, the City Clerk shall sign all necessary documents on behalf of the City to comply with Orlando Health's requirements of the documentation pursuant to which the Bonds will be issued, and shall furnish the Orange County Authority and Orlando Health with such further assurances as the Orange County Authority and Orlando Health may reasonably require of the City in connection with the Resolution No.22-1623 Page 2 of 4 issuance and sale of the Bonds which are in conformity with the limitations of this Resolution in Sections 2 and 3. Section 5. Ratification of Acts. All of the acts and doings of the Mayor of the City and of the members of the City Commission, officials, officers, agents and employees of the City which are in conformity with the intent and purposes of this Resolution, whether heretofore or hereafter taken or done, shall be and are hereby ratified, confirmed and approved. Additionally, the City Commission hereby ratifies the posting of the Notice in connection with the holding of the Public Hearing. Section 6. Conflicts. All Resolutions or parts of Resolutions in conflict with any of the provisions of this Resolution are hereby repealed. Section 7. Severability. If any Section or portion of a Section of this Resolution proves to be invalid, unlawful, or unconstitutional, it shall not be held to invalidate or impair the validity, force, or effect of any other Section or part of this Resolution. Section 8. Effective Date. This Resolution shall become effective immediately upon its passage and adoption. PASSED AND ADOPTED THIS 19th DAY OF December A.D., 2022. CITY COMMISSION CITY OF LONGWOOD, FLORIDA Zr'.----- MATT MORGAN, OR ATTEST: H LL NG M , FCRM, CITY CLERK Approved as to form and legality for the use and reliance of the City of Longwood, Florida, only. -..........--1.......). h DANIEL W. LA JPg(4.--, RNEY Resolution No.22-1623 Page 3 of 4 EXHIBIT A [COPY OF NOTICE OF PUBLIC HEARING] [To BE ATTACHED] A-1 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that a public hearing will be held by the City Commission (the "Commission") of the City of Longwood, Florida (the "City") on Monday, December 19, 2022 at 6:00 p.m. in the Longwood City Commission Chambers of the Longwood City Hall, located at 175 West Warren Avenue in Longwood, Florida, regarding a plan by the Orange County Health Facilities Authority (the "Authority") to issue its Hospital Revenue Bonds (Orlando Health Obligated Group) in an aggregate principal amount not to exceed$20,000,000 with respect to the healthcare facilities in Longwood, Florida described in this notice, in one or more series over the longest period permitted by law. The proceeds of the bonds issued under such plan(the"Bonds") will be loaned to Orlando Health,Inc.,a Florida not-for-profit corporation("Orlando Health")and will be qualified 501(c)(3)bonds(as defined in Section 145 of the Internal Revenue Code of 1986, as amended (the "Code")), and will be used to (a) finance, refinance, or reimburse the costs of acquiring, constructing, renovating and equipping a new 12,600 square foot free-standing emergency department and related offices, parking and ancillary facilities of Orlando Health (the initial owner or principal user of such facilities), located or to be located on the current South Seminole Hospital Campus at 555 West State Route 434 in Longwood,Florida, (b)provide one or more debt service reserve funds for the benefit of all or a portion of the Bonds,if deemed necessary or desirable, (c) pay a portion of the interest to accrue on the Bonds, if deemed necessary or desirable, (d) pay certain working capital expenditures, if deemed necessary or desirable, and (e) pay certain costs of issuance of the Bonds, including the costs of any credit or liquidity enhancement thereof, if deemed necessary or desirable. The public hearing is required by Section 147(f) of the Code. Interested individuals are invited to express their views, both orally and in writing, on the proposed issuance of the Bonds by the Authority for the benefit of Orlando Health. Comments at the public hearing are invited. Written comments may be submitted to Orlando Health or to the City in care of its City Clerk at 175 West Warren Avenue, Longwood, Florida 32750 or by email at clerk@longwoodfl.org, until the conclusion of the public hearing. At the conclusion of the public hearing,the Commission will consider the adoption of a resolution approving the issuance of the Bonds solely for the purposes of Section 147(f)of the Code. A copy of the proposed resolution can be inspected at the office of the City Clerk at the address set forth above. Additional information can be obtained from Orlando Health or the City in care of its City Clerk at the address listed above. In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes,persons with disabilities needing special accommodation to participate in this proceeding, or those requiring language assistance should contact the City's ADA Coordinator, no later than 48 hours prior to the proceeding,at(407)260-3466, for assistance. Pursuant to Section 286.0105, Florida Statutes, the City hereby advises that if any person decides to appeal any decision made by the Commission with respect to any matter considered at such hearing, such person will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and the evidence upon which the appeal is to be based. Dated: Friday, December 9, 2022