WHEREAS, the Council, as the governing body for Columbus, Georgia (“Columbus”), declared its official intent, by Resolution No. 380-17, adopted on November 14, 2017, to enter into the First Amendment to Contract, subject to the preparation and review by the Authority and Columbus of the First Amendment to Contract and other necessary documents relating to the issuance of the Hospital Authority of Columbus Revenue Anticipation Certificates, Series 2018 (the “Series 2018 Certificates”), in an aggregate principal amount not exceeding $32,000,000 (such principal amount to be inclusive of any premium received from the sale of the Series 2018 Certificates); and
WHEREAS, Resolution No. 380-17 contemplated that the Series 2018 Certificates would be issued in two series to be designated Hospital Authority of Columbus, Georgia Taxable Revenue Anticipation Certificates, Series 2018A, in an approximate aggregate principal amount of $3,400,000 (the “Series 2018A Taxable Certificates”), and Hospital Authority of Columbus, Georgia Revenue Anticipation Certificates, Series 2018B, in an approximate aggregate principal amount of $28,600,000 (the “Series 2018B Certificates”); and
WHEREAS, as authorized by Resolution No. 380-17, the proper officials of Columbus have provided such financial or other information relating to Columbus as necessary in connection with the preparation of a Preliminary Official Statement relating to the Series 2018 Certificates and the Finance Director executed and delivered a certificate on January 16, 2018, to “deem final” the Preliminary Official Statement within the meaning of the Securities Exchange Act Rule 15c2-12; and
WHEREAS, prior to the acceptance of bids the Authority determined that the exact aggregate principal amount of the Series 2018A Certificates would be $3,395,000 and the exact aggregate principal amount of the Series 2018B Certificates would be $27,915,000; and
WHEREAS, the Finance Director approved notices of sale for the Series 2018 Certificates and the acceptance of bids for the sale of the Series 2018 Certificates on January 23, 2018; and
WHEREAS, it is necessary that the Mayor be authorized to execute and deliver the final Official Statement to be prepared in connection with the offering, sale, and delivery of the Series 2018 Certificates; and
WHEREAS, the Authority has delivered to Columbus a certified copy of the resolution of the Authority adopted on January 23, 2018 (the “Certificate Resolution”), authorizing the issuance of the Series 2018 Certificates in the exact aggregate principal amounts described above, together with the form of the First Amendment to Contract, which documents are on file in the office of the Clerk of Council; and
WHEREAS, the payment of the Series 2018 Certificates and the interest thereon shall be secured by a first and prior pledge of and charge or lien on the gross revenues derived by the Authority from its Health Care System payable on a parity with the outstanding Hospital Authority of Columbus Georgia Revenue Anticipation Certificates, Series 2013 (the “Series 2013 Certificates”), as more specifically described in the Certificate Resolution; and
WHEREAS, the Authority anticipates that gross revenues from the Health Care System will be sufficient to pay the debt service on the Series 2018 Certificates and outstanding Series 2013 Certificates of the Authority; however, as provided for in the Certificate Resolution, in addition to pledging the gross revenues of the Authority derived from the Health Care System, the Authority will secure payment of the Series 2018 Certificates with a pledge of any payments it receives from Columbus pursuant to the First Amendment to Contract; and
WHEREAS, the First Amendment to Contract provides that to the extent necessary Columbus will levy an annual ad valorem tax on all taxable property located within the territorial limits of Columbus at a rate not to exceed four mills of the seven mill limit authorized under the Hospital Authorities Law of Georgia, to produce in each year revenues which are sufficient to pay the principal of and interest on the Series 2018 Certificates and the outstanding Series 2013 Certificates described in the Certificate Resolution and to provide for the continued operation of the Health Care System.
NOW, THEREFORE, BE IT RESOLVED by the Council of Columbus, Georgia as follows:
1. The Certificate Resolution and the form of the First Amendment to Contract attached thereto are approved together with all actions of officials of Columbus taken in connection with the issuance of the Series 2018 Certificates.
2. The City Attorney is authorized and directed to prepare an Answer to be filed in validation proceedings which shall be filed as required by law against the Authority and Columbus by the District Attorney of the Columbus Judicial Circuit seeking the validation of the Series 2018 Certificates and the security therefor, including specifically the First Amendment to Contract, before the Series 2018 Certificates are issued.
3. The Mayor or Mayor Pro-Tem is authorized and directed to execute and deliver the First Amendment to Contract in substantially the same form attached to the Certificate Resolution which is on file in the office of the Clerk of Council.
4. With the advice of the City Attorney, the Mayor or Mayor Pro-Tem shall be authorized to approve any modifications or corrections to the First Amendment to Contract and the execution and delivery of the First Amendment to Contract by the Mayor or Mayor Pro-Tem shall be conclusive evidence of such approval.
5. The Council hereby authorizes the Clerk of Council to attest such execution and delivery and to affix the seal of Columbus thereto.
6. All actions described in the preamble to this resolution which have been taken by the Mayor, Mayor Pro-Tem, City Manager, Deputy City Manager, Finance Director, City Attorney, and such other officers or agents of Columbus are ratified and confirmed and such officers as may be required are directed to take such actions as are necessary to provide security for payment of the Series 2018 Certificates, to fulfill the obligations of Columbus pursuant to the First Amendment to Contract, and to execute closing documents necessary for the issuance of the Series 2018 Certificates, as the same shall be delivered, supplemented, or amended, and to take such other actions as may be required in accordance with the intents and purposes of this resolution.
7. All provisions of Resolution No. 380-17 which are not in conflict herewith are hereby restated, ratified, and confirmed as fully as if set forth herein verbatim.
INTRODUCED at a regular meeting of the Council of Columbus, Georgia, held on January 23, 2018, and adopted at said meeting by the affirmative vote of ________ members of said Council.
Councilor Allen voting
Councilor Baker voting
Councilor Barnes voting
Councilor Davis voting
Councilor Garrett voting
Councilor Henderson voting
Councilor Huff voting
Councilor Pugh voting
Councilor Thomas voting
Councilor Woodson voting
Tiny B. Washington Teresa P. Tomlinson
Clerk of Council Mayor
(S E A L)
Hospital Authority 2018 Resolution.pdf