HomeMy WebLinkAbout1991-264
RESOLUTION NO. 91-264
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO, CALIFORNIA, DECLARING ITS INTENT TO ISSUE
BONDS AND AUTHORIZING THE PUBLICATION OF A NOTICE OF
PUBLIC HEARING REGARDING THE PROPOSED ISSUANCE OF ITS
"CITY OF SAN BERNARDI NO, CALI FORNIA, SCH HEALTH CARE
SYSTEM REVENUE BONDS (SISTERS OF CHARITY OF THE INCARNATE
WORD, HOUSTON, TEXAS), SERIES 1991A"; MAKING CERTAIN
FINDINGS AND DETERMINATIONS IN CONNECTION THEREWITH.
(SISTERS OF CHARITY OF THE INCARNATE WORD, HOUSTON,
TEXAS, SOLE CORPORATE MEMBER OF ST. BERNARDINE MEDICAL
CENTER)
WHEREAS, the C1ty of San Bernardino, Ca11fornla (the "C1ty"), 1s a
charter c1ty duly organized and existing under and pursuant to a Charter
adopted under the prov1sions of the Constitution of the State of California;
and
WHEREAS, pursuant to the powers provided for within the Charter, the
C1ty duly and regularly enacted Ord1nance No. 3815, as amended (the
"Ordinance"), to finance various types of projects, as def1ned 1n the
Ordinance, and to issue 1ts special revenue bonds for the purpose of pay1ng
the costs of f1nancing such ~rojects; and
WHEREAS, there was filed with the C1ty an App11cat1on (the
"App11cat1on") pursuant to the prov1sions of the Ord1nance by Sisters of
Charity of the Incarnate Word, Houston, Texas, Sole Corporate Member of St.
Bernard1ne Medical Center (referred to here1n as the "Company" or
"S1sters of Charity HospHal") requesting the 1ssuance of revenue bonds for
the purpose of financ1ng the cost and expense of certain health fac1lities
located at St. Bernardine Hospital and more fully described in ExhibH "A"
attached hereto (the "Project"); and
WHEREAS, the Company has requested that the C1ty adopt a bond
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resolution with respect to the bonds or take some other similar official
action toward the issuance of such bonds prior to the commencement of
construction of acquisition of such health facilities; and
WHEREAS, the Internal Revenue Code of 1986, as amended <the "Code"),
requires that both the issuance of the revenue bonds and the Project to be
financed with such bonds be approved by an elected representative of the City
after a public hearing; and
WHEREAS, the City Clerk must cause notice of such hearing to be
published once following at least fourteen (14) days' notice substantially
in the form attached hereto as Exhibit "B".
NOW, THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, DO HERE8Y FIND, RESOLVE, DETERMINE AND ORDER AS
FOLLOWS:
Section 1. The recitals hereinabove are true and correct and are
incorporated herein by this reference.
Section 2. The Company's Application has been reviewed and the
plan of financing has been found to comply with the spirit, intent and
provisions of the Ordinance, as amended, and the City has determined to
proceed with the financing. The City hereby declares its intent to issue and
sell its SCH Health Care System Revenue Bonds <Sisters of Charity of the
Incarnate Word, Houston, Texas), Series 1991A (the "Bonds") pursuant to the
provisions of California law in a principal amount sufficient to pay all or
part of the cost of acquiring and constructing the Project. The Bonds will be
issued and sold in an aggregate pr'incipal amount <excluding bonds issued to
refund any of the Bonds) now estimated to be not more than $60,000,000.
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Section 3. The Company may commence with the acquisition and
construction of the Project, which Project will be in furtherance of the
public purposes of the City, and the Company will provide, or cause to be
provided, at its expense, the necessary interim financing to expedite the
commencement of the acquisition and construction of the Project. On or prior
to the issuance of the Bonds, the Company will enter into a purchase, lease or
loan agreement on an installment payment basis (herein called the "Agreement")
with the City under which the City will sell or lease the Project to the
Company or make a loan to the Company for the purpose of providing temporary
or permanent financing of all or part of the costs of the Project and the
Company will make "nstallment payments sufficient to pay the principal of and
any premium and interest on such Bonds. The Bonds shall be special
obligations of the City and shall not be deemed to constitute a debt or
liability of the City or a pledge of the faith and credit of the City, but
shall be payable solely from the payments received under the terms of the
purchase, lease or loan agreement. The issuance of such Bonds shall not
directly or indirectly or contingently obligate the City to levy or pledge any
form of taxation whatsoever therefor or to make any appropriation for their
payment.
Section 4. The City hereby declares its intent to issue,
pursuant to the terms of the Ordinance, the Bonds, or from time to time the
portion thereof as may be the subject of an opinion of nationally recognized
bond counsel that interest paid on the Bonds or any portion thereof is exempt
from federal income taxation, in an appropriate principal amount not exceeding
that which is the subject of an opinion as aforesaid, maturing in such amount
and times, bearing interest at the rates, payable on the dates and having such
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optional and mandatory redemption features and prices as are approved in
writing by the Company. The City will deliver the Bonds to the purchaser
designated by the Company and will cooperate to the fullest extent in
facilitating delivery of the Bonds. The proceeds of the Bonds shall not be
invested so as to constitute the Bonds as arbitrage bonds within the meaning
of Section 148 of the Code and applicable regulations promulgated pursuant
thereto.
Section 5. The payment of the principal of and premium and
interest on the Bonds shall be made solely from moneys realized from the sale
or lease of the Project or from moneys realized from the loan of the proceeds
of the Bonds to finance all of part of the costs of the Project.
Section 6. Pursuant to the Code, the Notice of Public Hearing,
attached hereto as Exhi bit "B" and hereby made a part hereof, is authori zed
and directed to be published in The Sun by one (1) publication at least
fourteen (14) days prior to the date of the public hearing to be established
by the City Clerk.
Section 7. This Resolution shall be deemed and construed as a
resolution declaring the intent of the City to provide for the issuance of the
aforesaid Bonds or some other similar official action toward the issuance of
the Bonds within the meaning of 26 C.F .R. Section 1.103-B (a) (5).
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO,
CALIFORNIA, DECLARING ITS INTENT TO ISSUE BONDS AND AUTHORIZING THE
PUBLICATION OF A NOTICE OF PUBLIC HEARING REGARDING THE PROPOSED ISSUANCE OF
ITS "CITY OF SAN BERNARDINO, CALIFORNIA, SCH HEALTH CARE SYSTEM REVENUE BONDS
(SISTERS OF CHARITY OF THE INCARNATE WORO, HOUSTON, TEXAS), SERIES 1991A";
MAKING CERTAIN FINDINGS AND DETERMINATIONS IN CONNECTION THEREWITH. (SISTERS
OF CHARITY OF THE INCARNATE WORO. HOUSTON, TEXAS, SOLE CORPORATE MEMBER OF ST.
BERNARDINE MEDICAL CENTER)
Section 8.
The findings and determinations herein shall be final
and conclusive. This Resolution shall take effect upon the date of its
adoption.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by
the Mayor and Common Council of the City of San Bernardino at
a
regular
meeting thereof, held on the
17th
day
of June
, 1991, by the following vote, to wit:
AYES: Council Members Estrada, Reilly, Hernandez, Maudsley,
Minor, Pope-Ludlam, Miller
NAYS:
ABSENT:
None
Hone
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, <" (ijo("
. t~~.A..L.--l._ r,~jL-^,-L-~7"'"
- City Clerk '
The fore9oing resolution is hereby approved this
19th
day of
June , 1991.
.-------:-." ,
) drP1 ~/F'l8-'1......
MaYor of t e City of
San Bernardino, Pro Tempore
Approved as to form and legal content:
JAMES F. PENMAN
Ci ty Attorney
By:
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JUN 12 '91 10:07AM"SABO & GREEN
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Res. 91-264
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Nort.h Tower
EXHIBIT "A"
Degcri~t.ion of th. pro1eot
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This project involves the construction of a six-story ouilding.
The services by floor are: (1) kitchen, cafeteria, meeting rooms;
(2) 26-bed critical Care Unit; (3) 14 LDRP, 20-bed Neo-Natal
unit; (4) 24-oed Neuro Unit, 12-bed Intermediate Care unit;
(5) 36-bed Medical-Surgical Unit; and (6) 36-b.d Medical-Surgical
unit. A new lobby/entrance has been included in the project cost
to connect the new tower with the existing facility.
caDital Additions/Parkina Garaqe
Various capital additions for reimbursement of prior expenditures
during fiscal years 1990 and 1991 and proposed additions during
fiscal years 1991 and 1992. These major additions primarily
consist of major movable equipment including operating room
monitors, catheterization can, catheterization laboratory
equipment upgrades, intravenous pumps, cardiopulmonary bypass
equipment, and a laboratory hematoloqy analyzer. The
construction of a parking garage is also necessary for hospital
employees, patients and visitors.
Catheterization LahorB~orv Relocation
This project involves the relocation of the existing
Catheterization Laboratory and the addition of a third room
adjacent to the operating room for improved service and quality.
Renova.tion
This project involves the remodeling of the 1974 Building. The
remOdeling includes flooring finish upgrades. wall and ceiling
treatment and improved lighting.
JUN 1" '91 10: 07AM SABO & GREEN
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Res. 91-264
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EXHIBIT "B"
NOTICE OF PUBLIC HEARING
NOTICE OF PUBLIO HEARINC TO BE HELD IN ACCORDANCE WITH
SECTION 147 (f) OF THE INTERNAL REVENUE CODE OF 1986, AS
AMENDED, BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO, CALIFORNIA, ON BEHALF OF THE CITY OF
SAN BERNARDINO, CALIFORNIA FOR THE EXECUTION AND
DELIVERY OF CERTAIN REVENUE BONDS IN AN AGGRECATE
PRINCIPAL AMOUNT NOT TO EXCEED $60,000,000 FOR THE
BENEFIT OF SISTERS OF CHARITY OF THE INCARNATE WORD,
HOUSTON, TEXAS (ST. BERNARDINE MEDICAL CENTER)
Notice is hereby qiven that on July 10, 1991, at 9:00 A.M., or as
soon thereafter as the matter may be heard, the Mayor and Common
~ouncil of the City of San Bernardino, California (the "Council")
on behalf of the City of San Bernardino, California (the "City")
will conduct a hearing which shall be open to the public at the.
Council Chubers, city Hall, 300 North "D" Street,
San Bernardino, california 92418, tor the purpose as hereinafter
set forth.
The purpose of said public hearing to be held in accordance with
Section 147(f) of the Internal Revenue Code of 1986, as amended
(the "Code"), is to consider the City'S authorization to execute
and deliver certain revenue bonds (the "Bonds") in an aggregate
principal amount not to exceed $60,000,000 to provide funds for
the financing of the development of certain health facilities
(the "Project"), which is described as follows:
A. Description:
North Towar
This project involves the construction of a Six-story
buildinq. The services by floor are: (1) kitchen,
cateteria, meetinq rooms; (2) 26-bed Critical Care Unit;
(3) 14 LDRP, 20-bed Neo-Natal Unit; (4) 24-bed Neuro Unit,
12-bed Intermediate Care Unit; (5) 36-bed Medical-Surgical
Unit; and (6) 36-bed Medical-Surgical Unit. A new
lobby/entrance has been included in the project cost to
connect the new tower with the existing facility.
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JUN 12 '91 1q:08AM pABO & GREEN
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CBnital Additions/Parkind Caraae
Various capital additions for reimbursement of prior
expenditures during fiscal years 1990 and 1991 and proposed
additions during fiscal years 1991 and 1992. These major
additions primarily consist of major movable equipment
including operating room monitors, catheterization can,
catheterization laboratory equipment upgrades, intravenous
pumps, cardiopulmonary bypass equipment, and a laboratory
hematology analyzer. The construction of a parking garage
is also necessary for hospital employees, patients and
visitors.
Catheterization Laboratorv Relocation
This project involves the relocation of the existing
Catheterization Laboratory and the addition of a third room
adjacent to the operating room for improved service and
quality.
Renovation
This projeot involves the remodeling of the 1974 Building.
The remodeling includes flooring finish upgrades, wall and
ceiling treatment and improved lighting.
8. Maximum Bond
Proceeds:
$60,000,000
Sisters of Charity of the
Incarnate Word, Houston, Texas
C. Owner:
D. Project
Street Address:
st. Bernardine Medical Center
2101 North Waterman Avenue
San Bernardino, California 92404
The Bonds will be executed and delivered in an aggregate
principal amount presently estimated at approximately
$60,000,000, the proceeds of which will be used to finance the
acquisition, construction, equipping and operation of the
pro~ect, including the buildings, fur~iture, fixtures and
equ1pment comprising the Project and the reimbursement to the
owner for certain prior expenditures in connection with the
Project.
All persons interested in the subject matter and the public
purposes and the pU):)lic benefits and the execution and delivery
of the Bonds of partioipation in an aggregate principal amount
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JUN 12 '1 10:08RM SRBO & GREEN
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1 not to exceed $60,000,000 may attend such hearing at the time and
01~ the GAt. 11. I1bove ..t .cuLLh .mJ/ur .tll.. Lh..lr WL"lLL..ll uUlwu""IlL..
2 thereto in the manner hereinarter set forth.
3 Any person present at the hearing shall have the opportunity to
be heard on the question of the City'. authorization to execute
4 and deliver the proposed Bonds. Any person who wishes to present
written comment. to be summarized at the hearing may do so by
5 deliverinq the same to the attention of Rachel Krasney at the
City Clerk's office at the City'S address noted above, for
6 receipt prior to the close or the hearing.
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This notice is being qiven, and the hearinq beinq held, pursuant
to the requirements of section l47(f) of the Code.
Dated: June 17, 1991
CITY OF SAN IlERNARDINO, CALIFORNIA
By:
Title:
1UOOOO1\D0C\471\df
011112191
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C I T Y
o F SAN B ERN A R DIN 0
DEVELOPMEI!IT DEPARTMEI!IT
MEMORANDUM
TO:
Patty Aguilera
City Clerk's Office
FROM:
Deborah Marez~.~~
Secretary \:fl"
SUBJECT:
MAYOR AND COMMON COUNCIL RESOLUTIONS FROM THE
JUNE 17, 1991 COMl'lUl'lITY DEVELOPMEI!IT COMMISSION MEETING
DATE:
June 17, 1991
COPIES:
File
~ CLI-)G Y
Here are the resolutions which was approved and adopted on June 17, 1991 at
the Mayor and Common Council and Community Development Commission meeting for
your further processing and return. Agenda items numbered 3 through 17
relate to the Fiscal Year 1991/1992 Community Development Block Grant (CDBG)
Agreement between the City and various agency(ies). The Agreements for each
of the resolutions have been forwarded to Leslie Bond, Staff Assistant,
Development Department for processing of the appropriate signatures. The
resolutions enclosed are as follows:
AGENDA
NUMBER RESOLUTION
3 91-246
4 91-247
5 91-248
6 91-249
7 91-250
8 91-251
9 91-252
10 91-253
11 91-254
12 91-255
13 91-256
14 91-257
15 91-258
16 91-259
17 91-260
SUBJECT
Boys and Girls Club, Program Administration
Bethlehem House, Inc., (Renovation)
Rolling Start, Inc., (Helpline)
Bethlehem House, Inc., (Shelter and Support Services)
Easter Seal Society/Inland Area Head Injury Support
Group
Highland Dist. Council on Aging, Inc., (Senior Ctr.)
Highland Dist. Council on Aging, Inc., (Administration)
Easter Seal Society (Renovation)
Rolling Start, Inc., (Deaf Services)
Kids Against Crime, Inc.
San Bernardino Community Against Drugs, Inc.
Inland Mediation Board, Inc.
Boys and Girls Club, Inc., (Rehabilitation)
Legal Aid Society
Frazee Community Center
DEVELOPMENT DEPARTMENT STAFF REPORT
Resolutions from the June 17, 1991 MCC Meeting
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91-261
91-262
Central City Promenade -- Schurgin Development
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91-263
91-264
Sisters of Charity IDB Bond Issue of 1991
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Each of the resolutions have.a cover agenda sheet and attached staff
report which indicate your resolution number. I would appreciate if you keep
this paperwork with the appropriate resolution and return same after all
signatures have been obtained for my records. If there are any questions
please call me at extension 3473. Thank you.
Enclosures
5379R:dlm