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HomeMy WebLinkAboutResolution - 2016-R0216 - New Hope Cultrual Education Facilities For Carillon - 06/23/2016Resolution No.2016-R0216 Item No.5.4 June 23,2016 RESOLUTION GIVING APPROVAL TO THE FINANCING AND REFINANCING BY NEW HOPE CULTURAL EDUCATION FACILITIES FINANCE CORPORATION OF A PROJECT FOR CARILLON.INC. WHEREAS,the New Hope Cultural Education Facilities Finance Corporation (the "Issuer") is empowered pursuant to the Cultural Education Facilities Finance Corporation Act, Art.1528m,V.A.T.C.S.,as amended (the "Act"), to sell and deliver bonds for the purpose of financing and refinancing the cost of health facilities, as defined in the Health Facilities Development Act. Chapter 221.Texas Health and Safety Code; and WHEREAS,Carillon. Inc.. a Texas nonprofit corporation and Section 501(c)(3) organization (the "Borrower"), has requested the Issuer to issue its bonds (the "Bonds") in a maximum aggregate principal amount not to exceed $65,000,000 for the purpose of refunding the outstanding Lubbock Health Facilities Development Corporation Fixed Rate Mortgage Revenue and Refunding Bonds (Carillon LifeCare Community Project) Series 2005A. the proceeds of which were used to finance the Borrower's existing Carillon LifeCare Community senior living retirement community located at 1717B Norfolk Avenue.Lubbock.Texas and to fund certain renovations and equipment at the community (the "Project*");and WHEREAS,pursuant to Section 147(f)of the Internal Revenue Code of 1986 (the "Code"),the Issuer has caused to be published a notice of a public hearing (the "THFRA Notice**)with respect to the issuance of the Bonds and the financing and refinancing of the Project,and held such a hearing after reasonable notice on May 20,2016 (the "TEFRA Hearing");and WHEREAS,pursuant to the provisions of Section 147(1)of the Code, the City Council of the City of Lubbock.Texas, after the TEFRA Hearing, must approve issuance of the Bonds by the Issuer to enable the Bonds to qualify as tax-exempt obligations under the Code;Now Therefore. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK,TEXAS: Section 1. The City Council,solely for the purposes of Section 147(f)of the Code, hereby approves the issuance of the Bonds by the Issuer to finance and refinance the Project for the benefit of the Borrower. Section 2. The foregoing approval is given in accordance with the provisions of Section 147(f)of the Code and for no other purposes and is not to be construed as an undertaking by the City of Lubbock, Texas. The Bonds shall not constitute a liability,indebtedness,or an obligation of the City of Lubbock. Texas nor shall any of the assets of the City of Lubbock. Texas be pledged to the payment of the Bonds. Section 3.This resolution shall take effect immediately from and after its passage and it is accordingly resolved. PASSED AND APPROVED, this June 23, 2016 DANIEL M. POPE, MAYOR ATTEST: A P,0 A )K"i Reb cca Garza, City ecret ccdocs/New Hope Cultural Education Facilities July 13, 2016