Loading...
FY2016-19 Outstanding Long-Term Care Center Revenue Bond, Series 20131 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 Introduced by: Finance Director Requested by: Finance Director Drafted by: Bond Counsel Introduced on: 11/05/2015 Adopted on: 11 /05/2015 KODIAK ISLAND BOROUGH, ALASKA RESOLUTION NO. FY2016-19 RELATING TO THE BOROUGH'S OUTSTANDING LONG-TERM CARE CENTER REVENUE BOND, SERIES 2013 (PROVIDENCE KODIAK ISLAND MEDICAL CENTER); PROVIDING FOR THE PREPAYMENT OF ALL OR A PORTION OF SUCH BOND PURSUANT TO AN ESCROW DEPOSIT AGREEMENT BETWEEN THE BOROUGH AND THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A.; AUTHORIZING THE EXECUTION OF SUCH ESCROW DEPOSIT AGREEMENT; AND AUTHORIZING, RATIFYING AND CONFIRMING ACTIONS TAKEN ON BEHALF OF THE BOROUGH IN CONNECTION THEREWITH WHEREAS, pursuant to Resolution No. FY2013-13 (the "Bond Resolution") of the Kodiak Island Borough, Alaska (the "Borough"), the Borough issued its Long -Term Care Center Revenue Bond, Series 2013 (Providence Kodiak Island Medical Center) (the "Bond"), in the principal amount of $17,110,000; and WHEREAS, the Bond is now outstanding in the principal amount of $16,505,000 and matures on June 1, 2033, with principal installments due on June 1 of each of the years 2016 through 2033, inclusive; and WHEREAS, pursuant to the Bond Resolution, the principal installments of the Bond due in each of the years 2025 through 2030, inclusive, are subject to prepayment in whole or in part at the option of the Borough on any date on oryafter June 1, 2018; and WHEREAS, pursuant to the Bond Resolution, the principal installments of the Bond due in the year 2024 and in each of the years 2031 through 2033, inclusive, are subject to prepayment in whole or in part at the option of the Borough on any date on or after June 1, 2023; and WHEREAS, the Borough wishes to defease a portion of the principal installments of the Bond due in each of the years 2016 through 2033, inclusive (the "Defeased Portion"); and WHEREAS, prior to the dates on which the principal of and interest on the Defeased Portion are due, the Borough has determined to cause certain proceeds of the Bond and other money of the Borough to be invested in certain securities by The Bank of New York Mellon Trust Company, N.A. (the "Escrow Agent"), pursuant to the provisions of an escrow deposit agreement between the Borough and the Escrow Agent (the "Escrow Deposit Agreement"); NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: Section 1: Approval of Escrow Deposit Agreement. The Assembly hereby approves the Escrow Deposit Agreement in substantially the form attached to this resolution as Exhibit A. Each of the Borough Manager and the Borough Finance Director is individually authorized and directed to execute the Escrow Deposit Agreement, with such changes, not inconsistent with the material terms of this resolution, as shall be approved by the Borough Manager or the Borough Finance Director, and approved as to form by the Borough Attorney or bond counsel to the Borough. Kodiak Island Borough Resolution No. FY2016-19 Page 1 of 2 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 Section 2: Authority of Officers. The Mayor, the Borough Manager, the Borough Finance Director, the Borough Clerk, the Borough Attorney and bond counsel to the Borough each is authorized and directed to do and perform all things and determine all matters not determined by this Resolution, including the execution and delivery of all documents and instruments consistent with the provisions of this Resolution, and such other certificates and opinions relating thereto and to the Escrow Deposit Agreement, to the end that the Borough may carry out its obligations under the Escrow Deposit Agreement and this Resolution. Section 3: Ratification. Any actions taken by Borough officials, employees, agents, attorneys and representatives consistent with the provisions of this resolution before its effective date are hereby ratified, approved and confirmed. Section 4: Effective Date. This Resolution shall become effective upon passage and approval. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS FIFTH DAY OF NOVEMBER, 2015 ATTEST: Nova M. Javier, MMC, Borough Clerk KODIAK ISLAND BOROUGH r w Iw rol Friend, Borough Mayor Kodiak Island Borough Resolution No. FY2016-19 Page 2 of 2