Loading...
HomeMy WebLinkAbout67-16 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 67-16 ARCH I d E D File Number: 2016-0102 FAYETTEVILLE PUBLIC FACILITIES BOARD: A RESOLUTION RATIFYING THE RESOLUTION OF THE FAYETTEVILLE PUBLIC FACILITIES BOARD APPROVING A REFUNDING AND IMPROVEMENT REVENUE BOND (BUTTERFIELD TRAIL VILLAGE PROJECT), SERIES 2016 IN A PRINCIPAL AMOUNT OF NOT TO EXCEED $17,450,000; AND PRESCRIBING OTHER MATTERS PERTAINING THERETO WHEREAS, The Fayetteville Public Facilities Board (the 'Board"), is a public body politic and corporate with the power of perpetual succession created by Ordinance No. 2485, as amended (collectively, the "Ordinance"), of the City of Fayetteville, Arkansas (the "City") under the constitution and laws of the State of Arkansas (the "State"), including the Public Facilities Boards Act as codified at Arkansas Code Annotated §14-137-101 et seq., as amended (the "Act"); and WHEREAS, the Board is authorized by the Act and the Ordinance to issue and sell its revenue bonds and to use the proceeds thereof for the purpose of financing housing, health care and related facilities in the City to serve elderly persons so long as such facilities are owned by nonprofit corporations and to secure payment of such revenue bonds as therein provided, and to issue refunding bonds, all in accordance with the provisions of the Act and the Ordinance; and WHEREAS, Butterfield Trail Village, Incorporated, an Arkansas nonprofit corporation, owns a residential life care retirement facility for the elderly known as 'Butterfield Trail Village" consisting of independent living units, a skilled nursing care center and related facility located on approximately 44 acres of land at 1923 E. Joyce Boulevard in the City ('Butterfield Trail Village"); and WHEREAS, the Board has previously issued its Refunding Revenue Bonds (Butterfield Trail Village Project), Series 2010 (the "2010 Bonds"); and Page 1 Printed on 3116116 File Number.' 2016-0102 Resolution: 67-16 WHEREAS, the Board has determined that the economic interest and public purpose of the Board are served by issuing its Refunding and Improvement Revenue Bond (Butterfield Trail Village Project), Series 2016 (the "Bond") in a principal amount of not to exceed $17,450,000 for the purpose of providing moneys to (a) refund the 2010 Bonds (the "Refunding"), and (b) finance all or a portion of the costs of improvements for Butterfield Trail Village, including particularly, without limitation, (i) acquiring, constructing, renovating, remodeling, equipping and furnishing common areas in the Main Residential Building, including particularly, without limitation, improvements to the main hallways, resident hallways, elevators, the library, meeting rooms, the game room, stairwells and atriums, (ii) acquiring, constructing, renovating, remodeling, equipping and furnishing the Health Care Center in the Main Residential Building, including particularly, without limitation, improvements to hallways, nursing stations, offices, meeting rooms, resident rooms, and auxiliary spaces, and (iii) acquiring, constructing, renovating, equipping and furnishing an approximately 17,200 square foot expansion to the Main Residential Building to include particularly, without limitation, a new lobby and entryway, a convocation room and offices (collectively, the "2016 Project"), to pay the costs of issuing the Bond and accomplishing the Refunding and for other purposes related thereto: and WHEREAS, the Bond is not a debt of or pledge of the credit of either the City or the Board and neither the City or the Board is obligated to pay debt service on the Bond; and WHEREAS, pursuant to the provisions of the Ordinance, resolutions adopted by the Board which authorize the approval of bonds for financing and refinancing residential housing, health care and related facilities for the elderly which are owned by non-profit corporations are required to be ratified by the City prior to the issuance of such bonds; and WHEREAS, such resolution adopted by the Board on March 1, 2016 (the "Board Resolution"), authorized the issuance of the Bond to accomplish the Refunding and to finance the 2016 Project and authorized the Chairman and Secretary of the Board to execute and delivery the Bond and documents to effect the issuance of the Bond; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS Section 1. Recognition of Board's Authority. The Board is authorized by the Act and the Ordinance to approve the issuance of the Bond in a principal amount of not to exceed $17,450,000 for the purpose of providing moneys to accomplish the Refunding, to finance all or a portion of the costs of the 2016 Project, to pay the costs of issuing the Bond and accomplishing the Refunding, and for other purposes related thereto and shall comply with other provisions of the Act and the Ordinance. The Bond by statute and intent of this City Council is not a debt of or pledge of the credit of either the City or the Board and neither the Page 2 Printed on 3/16116 File Number. 2016-0102 Resolution: 67-16 City nor the Board is obligated to pay debt service on the Bond whether or not the Bond has been properly issued. Section 2. Ratification of Board's Resolution. The provisions of the Board Resolution, a copy of which is filed with the Clerk of the City, are hereby ratified by the City. Section 3. Severability. If any provision of this Resolution shall be held or deemed to be or shall, in fact, be illegal, inoperative or unenforceable, the same shall not affect any other provision or provisions herein contained or render the same invalid, inoperative or unenforceable to any extent whatever. Section 4. Repeal of Resolutions in Conflict. All resolutions and parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. PASSED and APPROVED on 3/15/2016 Attest: Sondra E. Smith, City Clerk Treasurer `;1"/iYETTEViLLL; `V � f () Page 3 Printed on 3116116 KL r:� ..- - City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 41 Text File File Number: 2016-0102 Agenda Date: 3/15/2016 Version: 1 Status: Passed In Control: City Council Meeting File Type: Resolution Agenda Number: C. 1 FAYETTEVILLE PUBLIC FACILITIES BOARD: A RESOLUTION RATIFYING THE RESOLUTION OF THE FAYETTEVILLE PUBLIC FACILITIES BOARD APPROVING A REFUNDING AND IMPROVEMENT REVENUE BOND (BUTTERFIELD TRAIL VILLAGE PROJECT), SERIES 2016 IN A PRINCIPAL AMOUNT OF NOT TO EXCEED $17,450,000; AND PRESCRIBING OTHER MATTERS PERTAINING THERETO WHEREAS, The Fayetteville Public Facilities Board (the 'Board"), is a public body politic and corporate with the power of perpetual succession created by Ordinance No. 2485, as amended (collectively, the "Ordinance"), of the City of Fayetteville, Arkansas (the "City") under the constitution and laws of the State of Arkansas (the "State"), including the Public Facilities Boards Act as codified at Arkansas Code Annotated §14-137-101 et seq., as amended (the "Act"); and WHEREAS, the Board is authorized by the Act and the Ordinance to issue and sell its revenue bonds and to use the proceeds thereof for the purpose of financing housing, health care and related facilities in the City to serve elderly persons so long as such facilities are owned by nonprofit corporations and to secure payment of such revenue bonds as therein provided, and to issue refunding bonds, all in accordance with the provisions of the Act and the Ordinance; and WHEREAS, Butterfield Trail Village, Incorporated, an Arkansas nonprofit corporation, owns a residential life care retirement facility for the elderly known as 'Butterfield Trail Village" consisting of independent living units, a skilled nursing care center and related facility located on approximately 44 acres of land at 1923 E. Joyce Boulevard in the City ('Butterfield Trail Village"); and WHEREAS, the Board has previously issued its Refunding Revenue Bonds (Butterfield Trail Village Project), Series 2010 (the "2010 Bonds"); and WHEREAS, the Board has determined that the economic interest and public purpose of the Board are served by issuing its Refunding and Improvement Revenue Bond (Butterfield Trail Village Project), Series 2016 (the 'Bond") in a principal amount of not to exceed $17,450,000 for the purpose of providing moneys to (a) refund the 2010 Bonds (the "Refunding"), and (b) finance all or a portion of the costs of improvements for Butterfield Trail Village, including particularly, without limitation, (i) acquiring, constructing, renovating, remodeling, equipping and furnishing common areas in the Main Residential Building, including particularly, without limitation, improvements to the main hallways, resident hallways, elevators, the library, meeting rooms, the game room, stairwells and atriums, (ii) acquiring, constructing, renovating, remodeling, equipping and furnishing the Health Care Center in the Main Residential Building, including particularly, without limitation, improvements to hallways, City of Fayetteville, Arkansas Page 1 Printed on 311612016