WHEREAS, on May 9, 2018, the Public Finance Authority (the “Public Finance Authority”), a commission organized under and pursuant to the provisions of Section 66.0301, 66.0303 and 66.0304 of the Wisconsin Statutes, as amended, which has nationwide issuing authority, adopted a preliminary resolution under which it agreed in principle to issue its refunding revenue bonds or other appropriate obligations (the “Bonds”) and to lend the proceeds of the Bonds to the Borrowers for the purpose of (i) refinancing the Borrowers’ Taxable Notes, Series 2018 (collectively, the “Notes”) that were issued on April 6, 2018 to finance the cost of acquiring the Project, the cost of rehabilitating the Project, and the costs of issuing the Notes; and (ii) paying a portion of the costs of issuing the Bonds; and
WHEREAS, the Project will be owned and operated by the Borrowers and will be managed by Affinity Living Group, LLC; and
WHEREAS, on June 18, 2018, a public hearing was held regarding the Bonds and the Project being refinanced with the proceeds of the Bonds following public notice that appeared on June 4, 2018 (which was at least 14 days prior to the date of the hearing) in the Columbus Ledger-Enquirer, a newspaper of general circulation in Columbus, Georgia (the “City”) and
WHEREAS, a copy of the Report of the Hearing Officer is attached hereto as Exhibit A; and
WHEREAS, the limited purpose of this resolution is to satisfy the public approval requirement of Section 147(f) of the Internal Revenue Code of 1986, as amended (the “Code”) in order to qualify the interest on the Bonds for exclusion from the gross income of the owners thereof for federal income tax purposes pursuant to the applicable provisions of the Code; and
WHEREAS, THE BONDS SHALL NOT EVER REPRESENT OR CONSTITUTE A DEBT OR PLEDGE OF THE FAITH AND CREDIT OR THE TAXING POWER OF COLUMBUS GEORGIA OR ANY OTHER POLITICAL SUBDIVISION OR MUNICIPAL CORPORATION AND SHALL SOLELY BE SECURED AND PAYABLE FROM PAYMENTS MADE BY AND COLLATERAL PROVIDED BY THE BORROWERS.
NOW, THEREFORE, THE COUNCIL OF COLUMBUS, GEORGIA, HEREBY RESOLVES AS FOLLOWS:
1. For limited purpose of qualifying the interest on the Bonds for exclusion from the gross income of the owners thereof for federal income tax purposes pursuant to applicable provisions of the Code, the issuance of the Bonds by the Public Finance Authority in the aggregate principal amount not to exceed $6,440,000 for the purpose of (i) refinancing the Notes and (ii) paying a portion of the costs of issuing the Bonds is approved.
2. This approval is given solely for the purpose of compliance with provisions of the Code and in no event shall this approval constitute any obligation on the part of the City with respect to the Bonds.
Introduced at a regular meeting of the Council of Columbus, Georgia, held the 19th day of June, 2018 and adopted at said meeting by the affirmative vote of ________ members of said Council.