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HomeMy WebLinkAbout1978 Resolution No. 041' ,. • • • RESOLUTION NO. il SERIES OF 1~78 A RESOLUTION RATIFYING CERTAIN ACTION HERETOFORE TAKEN; AUTHORIZING THE EXECUTION AND DELIVERY BY THE CITY OF A BOND PURCHASE AGREEMENT; AND REPEALING ACTION HERETOFORE TAKEN IN CONFLICT HEREWITH. WHEREAS, the City of Englewood, in the County of Arapahoe and State of Colorado (the "City"), is a legally and re9ularly created, established, or9anized and existing municipal corporation under the provisions of Article XX of the Constitution of the State of Colorado and the Charter of the City; and WHEREAS, the County and Municipality Development Revenue Bond Act, Article 3, Title 29 of Colorado Revised Statutes 1973, as air.ended (the "Act") authorizes municipalities to finance, refinance, acquire, own, lease, improve, and dis- pose of properties to the end that more adequate hospital care may be provided, which promotes the public health, welfare, safety, convenience, and prosperity; and WHEREAS, the Act fur·ther authorizes municipalities to refinance any obligations previously incurred to finance or aid in financing of hospital, health-care, or nursing home facilities which would constitute a project within the meaning of the Act had such facilities been originally undertaken and financed by a county or municipality pursuant to the Act; and WHEREAS, the Act further authorizes municipalities to issue revenue bonds for the purpose of defraying the cost of refinancing any project constituting hospital, health-care or nursing home facilities and all incidental expenses incurred in issuing such bonds and to secure the payment of such bonds as provided in ~he Act; and -2- , • WHEREAS, The Swedish Medical Center (the "Corpora- ' tion•) presently owns and operates a hospital facility lpcated in the City of Enqlewood, Colorado (the "City") and has pre- viously incurred certain obligations (collectively, the •outstandinq Obliqations") to finance or aid in financing of hospital facilities of the Corporation which would have been •projects• under the Act had they been originally undertaken and financed by a municipality pursuant to the Act; and WHEREAS, pursuant to and in accordance with the Act, the Corporation desires to refinance the Outstanding Obligations; and WHEREAS, pursuant to and in accordance with the Act, the City proposes to refinance the Outstanding Obligations by the issuance of revenue bonds of the City; and WHEREAS, revenue bonds in the aggregate principal • amount of $7,600,000 will be· issued, sold and delivered by the City to The Aetna Casualty and Surety Company (the •purchaser•), to de.fray the cost of refinancing the Outstanding Obliqations; and WHEREAS, on April 17, 1978, the City Council of the City adopted a resolution whereby the City agreed to take all necessary or advisable steps to effect the issuance of revenue bonds pursuant to the Act to refinance the Outstanding Obligc.1tio11s, i t b eing und e rstood that no costs of issuance and sale were to be borne by the City and that the necessary financing documents were subject to formal approval by the City Council pursuant to the Act; and WHEREAS, there have been presented to the City Council the proposed form of Bond Purchase Agreement dated May 15, 1978 among the City, the Corporation and the Purchaser (the "Bond Purchase Agreement") evidencing the sale of the • reven~e bonds by the City to the Purchaser. -3- • • • • • NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. All action (not inconsistent with the provisions of this resolution) heretofore taken by the City Council of the City and the officers of the City directed toward the ref inancinq of the Outstandinq Obliqations and the issuance and sale of the revenue bonds therefor be, and the same is hereby, ratified, approved and confirmed. Section 2. The form, terms and provisions of the Bond Purchase Aqreement be and they hereby are approved and the City shall enter into the Bond Purchase Agreement in the form of such docwnent presented to the City Council of the City at the meetinq at which this resolution is adopted, with such changes therein as are not inconsistent herewith; and the Mayor is hereby authorized and directed to execute and deliver the Bond Purchas~ Agreement and the City Clerk is hereby authorized and directed to affix the City seal to and to attest the Bond Purchase Agreement. Section 3. All bylaws, orders, regulations, resolutions and ordinances, or parts thereof, of the City inconsistent herewith and with the document hereby approved, are hereby repealed to the extent only of such inconsistency. This repealer shall not be construed as reviving any bylaw, orde r , rcgulati o 11s, resolution or ordinance, or part thereof. READ, PASSED, AND ADOPTED this 15th day of May, 1978. ~~~/ May#-~ k-9--v-__ (SEAL) Attest: -4-