Loading...
Backup Documents 10/25/2011 Item #16K2ORIGINAL DOCUMENTS CHECKLIST &ROUTING JAK 2 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item. ROUTING SLIP Complete routing lines #I through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the Pntinn of thr Chairman's sionahve draw a line thmngh routing lines #I through #4- complete the checklist. and forward to Sue Filson (line #5). Route to Addressee(s) List in routing order Office Initials Date 1. appropriate. (Initial) Applicable) 2. 10/25/11 Agenda Item Number 16K2 3. signed by the Chairman, with the exception of most letters, must be reviewed and signed 4. Jeffrey A. Klatzkow, County Attorney County Attorney JAK 10/26/2011 5. Ian Mitchell, Executive Manager BCC Board of County Commissioners Documents 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Ian Mitchell needs to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item Name of Primary Staff Jeffrey A. Klatzkow, County Attorney Phone Number 252 -8400 Contact appropriate. (Initial) Applicable) Agenda Date Item was 10/25/11 Agenda Item Number 16K2 Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document Resolution � approvnBq s rte in (( 4 Number of Original Attached One Attached resolutions, etc. signed by the County Attorney's Office and signature pages from Documents INSTRUCTIONS & CHECKLIST 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 08- MGR -00132/33 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applicable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be JAK signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials. 2. All handwritten strike - through and revisions have been initialed by the County Attorney's JAK Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the JAK document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's JAK signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip JAK should be provided to Ian Mitchell in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC on 10/25/11 and all changes made during JAK the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 08- MGR -00132/33 16K 2 Ann P. Jennejohn From: Tompkins, Angela <Angela.Tompkins @ruden.com> Sent: Wednesday, October 26, 20113:51 PM To: Ann P. Jennejohn Cc: Picklaw @earthlink.net Subject: RE: Industrial Development Authority Resolution Attachments: 3901_001.pdf Ann, pursuant to our telephone call, attached is a FeclEx label to send the original certified copy of the Resolution to Mr. John Stokes. I really appreciate you doing this for me and Don. Have a wonderful evening. From: Ann P. Jennejohn [ mailto: Ann.Jennejohn @collierclerk.coml Sent: Wednesday, October 26, 20113:42 PM To: Picklaw@gm.net; Picklaw(aearthlink.net Cc: Tompkins, Angela Subject: Industrial Development Authority Resolution Hello, Attached is a copy of Resolution 2011 -194, approving the Issuance and Sale of Revenue Bonds by the Collier County Industrial Development Authority; adopted by the Collier County Board of County Commissioner's yesterday. I have a certified copy of the Resolution ready for your pick -up at our front counter unless you would like me to send it via the mail to your office or to a different designated location. I'd be happy to put it in the mail. Just let me know what would be the most convenient for you. Thank you. Ann Jennejohn, Deputy Clerk Clerk of the Circuit Court Clerk of the Value Adjustment Board Collier County Minutes & Records Dept. 239 - 252 -8406 239 - 252 -8408 (Fax) Please visit us on the web at www.collierclerk.com This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient, you must not copy, distribute or take any action induced by or in reliance on information contained in this message. Unless expressly stated, opinions in this message are those of the individual sender and not of the Office of the Clerk of the Circuit Court of Collier County. If you have received this communication in error, please notify the Clerk's Office by emailing helydesk @collierclerk.com 16K2 RESOLUTION NO. 2011-194 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA APPROVING THE ISSUANCE AND SALE OF REVENUE BONDS BY THE COLLIER COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY, AS REQUIRED BY SECTION 147(f) OF THE INTERNAL REVENUE CODE, AS AMENDED; AND PROVIDING FOR OTHER RELATED MATTERS, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Collier County Industrial Development Authority (the "Authority ") is a body corporate and politic of Collier County, Florida ( "Collier County ") created by Collier County Resolution No. 79 -34 duly adopted by the Board of County Commissioners on February 27, 1979 pursuant to Part III of Chapter 159, Florida Statutes, as amended, with the power to issue revenue bonds for the purposes of financing or refinancing the costs of a "project" as defined in Parts II and III of Chapter 159, Florida Statutes, as amended; and WHEREAS, Naples Community Hospital, Inc. and its sole member, NCH Healthcare System, Inc. and NCHMD, Inc. (the sole member of which is NCH Healthcare System, Inc.) each a Florida not- for - profit corporation (collectively, the "Corporation "), has requested the Authority to issue its Healthcare Facilities Revenue Bonds, Series 2011A (NCH Healthcare System Project), (the "Bonds ") for the principal purpose of making a loan to the Corporation to refund the Authority's outstanding (i) Healthcare Facilities Revenue Bonds (NCH Healthcare System, Inc. Obligated Group), Series 2002 and (ii) Healthcare Facilities Revenue Bonds (Naples Community Hospital, Inc. Project), Series 2004 (collectively, the "Refunded Bonds ") and to pay certain expenses incurred in connection with the issuance of the Bonds; and WHEREAS, Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code "), provides that the elected legislative body of the governmental unit which has jurisdiction over the area in which the facility financed or refinanced with the proceeds of tax - exempt bonds is located is to approve the issuance of such bonds after a public hearing; and WHEREAS, the Board of County Commissioners of Collier County, Florida (the "Board ") is the elected legislative body of the County; and WHEREAS, the Authority caused a notice of a public hearing to consider approval of the Bonds and the refunding of the Refunded Bonds to be published on September 26, 2011 in the Naples Daily News, a newspaper of general circulation in Collier County, a copy of said notice being attached to the Authority Resolution described herein (the "Notice "); and 16K e WHEREAS, the Authority held a public hearing on October 11, 2011, pursuant to the Notice and adopted a resolution (the "Authority Resolution ") authorizing the issuance of the Bonds, a copy of which is attached as Exhibit A to the Authority Resolution, and has recommended to the Board that it approve the issuance of the Bonds in accordance with Section 147(f) of the Code; and WHEREAS, for the reasons set forth above, it appears to the Board that the approval of the issuance and sale of such Bonds, as required by Section 147(f) of the Code, is in the best interests of Collier County, 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 $48,000,000), 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 within the regulatory jurisdiction of Collier County, including, but not limited to, the Collier County Growth Management Plan and all concurrency requirements contained therein and the Collier County Land Development Code. 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. 2 16K2 THIS RESOLUTION ADOPTED after motion, second and majority vote on this the 25th day of October, 2011. ATTEST'- DWI -GM r4B OCK, Clerk �V° lerk Approved form and legal s4fficucy: Jeffrey County BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ILAL W. By: FRED W. COYLE, CHAIRMAN 3 Item # A,L04L Agenda �1 w 1. Date Rec'd LPL IJfJ 16K2 .� RESOLUTION NO. 2011 -02 AN INDUCEMENT RESOLUTION OF THE COLLIER COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY REGARDING THE OFFICIAL ACTION OF THE AUTHORITY WITH RESPECT TO THE PROPOSED ISSUANCE BY THE AUTHORITY OF ITS HEALTHCARE FACILITIES REVENUE BONDS, SERIES 201 IA (NCH HEALTHCARE SYSTEM PROJECT) IN AN AGGREGATE PRINCIPAL AMOUNT OF NOT EXCEEDING $48,000,000 FOR THE PRINCIPAL PURPOSE OF REFUNDING OLLIER A PORTION OF THE OUTSTANDING (A) COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY HEALTHCARE FACILITIES SYSTEM, INCA BONDS HEALTHCARE . OBLIGATED GROUP), SERIES 2002 AND (B) HEALTHCARE FACILITIES REVENUE BONDS (NAPLES COMMUNITY HOSPITAL, INC. PROJECT), SERIES 2004; AUTHORIZING THE EXECUTION ANDWEEN THE AUTHORITY AGREEMENT BET AND THE CORPORATION; AND PROVIDING FOR RELATED MATTERS. WHEREAS, Naples Community Hospital, lthcarel System, o Inc., a Florida f 1not not-for-profit corporation, the sole member of which is NCH Healthcare has applied to the Collier County Industrial corporation (collectively, the "Corporation) pp revenue bonds in the Development Authority (the "Authority ") to issue the "Btonds") for the purpose 0) of aggregate principal amount of not to exceed $48,0 00 000 refinancing certain costs of construction, renovation and equipping of certain healthcare facilities (the "Refunded Bonds Projects ") which are owned and operated by the Corporation or an affiliate of the Corporation, by refunding all or a portion of the outstanding (A) Collier County Industrial Development Authority Healthcare Facilities ads Health BoendsaCNCH Healthcare System, Inc. Obligated Group), Revenue Bonds (Naples Community Hospital, Inc. wit the issuance t)of the Bonds; and "Refunded Bonds ") and (ii) paying costs assoc WHEREAS, the Corporation has requested that the Authority loan the proceeds of the Bonds to the Corporation pursuant to Chapter 159, Parts II and 111, Fllorriid' a Statutes, or such other provision or provisions of Florida law as the uthority may (the Act) in order to accomplish the foregoing purposes; EXHIBIT A TO COUNTY RESOLUTION 16K2 WHEREAS, the issuance of the Bonds and the s Projects b proceeds refunding the Corporation to refinance the costs of the Refund ed Bond Refunded Bonds under loan or other financing agreements, sufficient ent to pay t e principal of and which will provide that payments thereunder be a least suf interest and redemption premium, if any, on such yBonds a i he the and promote the therewith as may be incurred by the Authority, public purposes provided in the Act; and WHEREAS, in order to satisfy certain of the requirements of Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code "), the Authority did on the date hereof hold a public hearing on the proposed issuance of the Bonds for the purposes herein stated, which date is more than 14 days following the nfiCol ierbCounty and which public public hearing in a newspaper of general circulation hearing was conducted in a manner that provided a rea ab ssu ance of he Bonds and the e differing views to be heard, both orally and in writing, on location and nature of the Project, as more particularly described in the notice of public hearing attached hereto as Exhibit A; and WHEREAS, it is intended that this Resolution shall constitute i applicable ted ►States Treasury the issuance of the Bonds within the meaning of the app Regulations in addition to any other action that may have heretofore been taken by the Corporation; NOW, THEREFORE, BE IT RESOLVED BY THE COLLIER COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY, THAT: RESOLUTION. This Resolution's SECTION 1. AUTHORITY FOR THIS RESOLD do ted ursuant to the provisions of the Act and other applicable provisions of law. a p P SEis entered CTION 2. PRELIMINARY STATEMENT. the ossof on Refunded into to permit the Corporation to proceed with the refinancing Bonds Projects by refunding the Refunded Bonds ato issue and sell the Bonds and m ke he by the Authority, prior to the issuance of the Bonds, oses, all in accordance with and subject to the proceeds thereof available Cor such p u rP prof ovisions of the Act, the Constitution and other d and the ate o fFlo ri a and the l ins all the United States of America, including the Agreement of even date herewith between the respects to the terms of the Preliminary Authority and the Corporation. of the SECTION 3. APPROVAL OF THE RE Ref nd d Bonds by the cA refinancing costs of the Refunded Bonds Projects by refunding the 2 16K2 p e economic through the issuance of the Bonds, pursuantrie citizens the coif Collier County, pro mote development, prosperity, health and welfare of t the general economic structure of Collier County, and will thereby serve the public purposes of the Act and is hereby preliminarily approved, subject, however, in all espo theos he Corporation meeting the conditions set forth in the Preliminary Agreement satisfaction of the Authority. SECTION 4. AUTHORIZATION OF THE BONDS. There is hereby authorized to be issued and the Authority alleres respects determines to issue conditions hseBforth in the requested by the Corporation and subject in P Preliminary Agreement, in an aggregate principal e Refunded Bonds Projects by0r0efu0nding the principal purposes of refinancing the costs of th Refunded Bonds as described in the Preliminary Agreement. l The rate of interest payable on the Bonds shall not exceed the maximum rate permitted Y SECTION 5. GENERAL AUTHORIZATION. The Chairman and the Vice - Chairman are hereby further authorized to the Aut orrtyland are minary with Agreement, �th the undertakings provided for therein onhe part of further authorized to take such steps and actions n all r respects required ° the terms and conditionsrset cause the Authority to issue the Bonds authorized hereby.es p forth in the Preliminary Agreement SECTION 6. OFFICIAL ACTION. This resolution is an official action of the Authority toward the issuance of the Bonds contemplated State of Florida, the Code and Agreement, in accordance with the purposes Regulations. of laws of the the applicable United States Treasury SECTION 7. LIMITED OBLIGATIONS. The Bonds and the interest wer of thereon shall not constitute an indebtedness or pledge of he ge neral agency credittor taxing but shall be Collier County, the State of Florida or any political subdivision er enues pledged therefor payable solely from the rev Authority pursuant l agreement ndtheCorporationpri(or oto or financing agreement entered into between the with the issuance of the Bonds. The Authority has no taxing power. LIMITED APPROVAL. The approval given herein sha 11 not be SECTION 8. rezoning applications construed as an approval or endorsement relatingrt°o the Refunded Bonds Projects and the nor for any other regulatory permits waived Authority shall not be construed by reason of its ae °County tfrom asserting any rhis resolution to have or any right of Collier County or estopping Co l responsibilities it may have in that regard. 3 16K2 SECTION 9. EFFECTIVE DATE. This Resolution shall take effect immediately. ADOPTED this 11th day of October, 2011. COLLIER COUNTY INDUSTRIAL _j' ORITY DEVELOPMENT AUTHORITY (SEAL) ATTEST: Sedreta Chairman 4 NAPLES DAILY NEWS Published Dailv Naples, FL 34110 Affidavit of Publication State of Florida Counties of Collier and Lee Before the undersigned they serve as the authority, personally appeared MaNInnR0cller, who on oath says that she serves as the Advertising Accounting Manager of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida; distributed in Collier and Lee counties of Florida; that the attached copy of the advertising. being a PUBLIC C NOTICL in the matter of PUBLIC NOTICE was published in said newspaper 1 time in the issue on September 26, 201 I AffliUll furtherSRVs that the said Naples Dally News is a newspaper published at NaPles, in said Collier County, Florida, and that the said nc%vsPRPe`In ida', distributedein ( other and tLec published Ill said counties of Florida. lier County', cost period of I each day and has been entered as second d &SS mail natter at c• I oftice b, Naples, in said Collier rublicatiollofdthefattached copy of yeQi. nalt preceding the. first) aid nor advcnisencnt; and aft funhcr says uroti mr ant' discount. rebate. pruniscd a>> person. 1mn or os,, of securing this advertisement for commission or refund for till Purp publication in the said newspaper. 1 tit) t (Signature Sworn to and subscribed before me This 2Bth day of September, 201 1 Si g natudry public) — ( KAROL E KANGAS 1•��' = Notary Public - Stair. of Flnrida My Comm• Expiras Jul 29 2013 %�. * DO 912237 �lcy��, Gnmmission �rt nai(m, NOTICE OF SPECIAL MEETING AND PUBLIC MEETING CEEDINGS IS MADE, yynrin• n.. > °— UPON WHICH THE APPEAL IS TO BE BASED. Persons needln9 a special rhdpat9 In rd hearing should contact Donald to t� e h, In accordance wah the Antadtans with OlsettbBltlas Act eccanmodatlon to Pa 9 2s3.8060 no later ham seven (7) days p Gener+I Coirh{aL at :(2B) 1 Sion 147(9 of t1N.lnternal Revenue Code, as Mi�his notlla It 91van Pursuent to, amended. COLLI6Ea COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY wOpnald A.7lckwonh - Assistant Secielory and 11.111101 Counsel EXHIBIT A TO AUTHORITY RESOLUTION