Resolution 2015-048 RESOLUTION NO.2015-AL
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY,FLORIDA APPROVING THE ISSUANCE AND SALE
OF HEALTH FACILITY REVENUE BONDS BY THE COLLIER COUNTY
HEALTH FACILITIES AUTHORITY,AS REQUIRED BY SECTION 147(f)
OF THE INTERNAL REVENUE CODE,AS AMENDED;PROVIDING FOR
OTHER RELATED MATTERS,AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Collier County Health Facilities Authority (the "Authority") is a body
corporate and politic of Collier County,Florida created by Collier County Ordinance No.79-95 duly
adopted by the Board of County Commissioners(the"Board")on November 20, 1979 pursuant to
Part III of Chapter 154, Florida Statutes, as amended, (the"Act")with the power to issue revenue
bonds for the purposes of financing a"project" as defined in the Act; and
WHEREAS,The Moorings,Incorporated,a Florida not for profit corporation,with certain
facilities located within the boundaries of Collier County,Florida(the"Borrower")has requested the
Authority to issue its revenue bonds as described below for the benefit of the Borrower and to loan
all or a portion of the proceeds thereof to the Borrower for the purposes set forth herein; and
WHEREAS, the Authority caused notice of a public hearing to consider approval of the
Bonds and the location and nature of the project to be published on or before February 5,2015,in the
Naples Daily News a newspaper of general circulation in the County, and a copy of said notice is
attached as Exhibit"A"to the Authority Resolution as described below(the"Notice"); and
WHEREAS,on February 23,2015,a public hearing was held by the Authority with regard to
the issuance of the Authority's Health Facility Revenue Bonds as,more particularly described in the
Authority Resolution in an aggregate principal amount not to exceed$150,000,000,at the conclusion
of which hearing the Authority adopted the Resolution attached hereto as Exhibit "A" (the
"Authority Resolution"); and
WHEREAS, the proceeds of the Bonds will be used by the Authority make a loan to
Borrower to refund the Refunding Bonds as described in the Authority Resolution and finance the
cost of acquisition, construction and equipping of the 2015 Project as described in the Authority
Resolution,and to pay the costs of issuance of the Bonds(all of the property financed with proceeds
of the Bonds being owned and operated by the Borrower); and
WHEREAS,the Bonds will not be an obligation of the County,and will be payable solely
from funds of the Borrower; and
WHEREAS,pursuant to the requirements of the Internal Revenue Code of 1986,as amended
(the"Code"),as a prerequisite to the issuance of the Bonds,it is necessary that the Board of County
Commissioners of Collier County,Florida approve the issuance thereof after said public hearing;and
WHEREAS, the Board of County Commissioners desires to evidence approval of the
issuance of the Bonds solely to satisfy the requirements of the Code.
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NOW, THEREFORE, be it resolved by the Board of County Commissioners of Collier
County,Florida that:
Section 1. Approval of Issuance of the Bonds. This Board hereby approves the issuance
of the Bonds by the Authority for the purposes described in the Notice pursuant to Section 147(f)of
the Code. The Bonds shall be issued in such series, in such aggregate principal amount (not to
exceed$150 million),bear interest at such rate or rates,mature in such amount or amounts and be
subject to redemption as are approved by the Authority without the further approval of this Board.
The Bonds shall not constitute a debt,liability or obligation of Collier County,the Board,any
officer,agent or employee of Collier County,the State of Florida or any political subdivision thereof,
but shall be payable solely from the revenues provided therefor,and neither the faith and credit nor
any taxing power of Collier County or the State of Florida or any political subdivision thereof is
pledged to the payment of the principal of,premium,if any,and interest on the Bonds.No member
of the Board or any officer or employee thereof shall be liable personally on the Bonds by reason of
their issuance.
This approval shall in no way be deemed to abrogate any regulations of Collier County for
any portions or aspects of the 2015 Project within the regulatory jurisdiction of Collier County,nor
shall it abrogate any regulations of the City of Naples for any portions of the 2015 Project,if any,or
any other facilities owned or operated by the Borrower located within the regulatory jurisdiction of
the City of Naples. The Project shall be subject to all such regulations,including,but not limited to,
the Collier County Growth Management Plan and all concurrency requirements contained therein
and the Collier County Land Development Code or City of Naples Growth Management Plan or
Land Development Code as applicable,or,as applicable,the corresponding requirements of the City
of Naples Comprehensive Plan and land development regulations.
Section 2. Severability. If any section,paragraph,clause or provision of this Resolution
shall be held to be invalid or ineffective for any reason, the remainder of this Resolution shall
continue in full force and effect,it being expressly hereby found and declared that the remainder of
this Resolution would have been adopted despite the invalidity or ineffectiveness of such section,
paragraph,clause or provision.
Section 3. Effective Date. This Resolution shall take effect immediately upon its
adoption,and any provisions of any previous resolutions in conflict with the provisions hereof are
hereby superseded.
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THIS RESOLUTION ADOPTED after motion,second,and majority vote favoring same,
this 10th day of March,2015.
ATTEST: COLLIER COUNTY, FLORIDA BY
Dwight E. Brock, Clerk ITS BOARD OF COUNTY
COMMISSIONERS
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Deputy irk; Tim Nance, Chairman
Attest as IQ Chairman's
sinnnture on!.
Ap roved as to form d legality:
Scott R. Teac , Deputy County Attorney
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