Backup Documents 10/25/2022 Item #16C7 .1-b,C 7
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at
the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than
Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception
of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1.
2.
3. County Attorney Office County Attorney Office
JAk/AP Io/Z/ZZ
4. BCC Office Board of County
Commissioners ketell'i /'✓ # ///3/7'z
5. Minutes and Records Clerk of Court's Office 1 yD
PRIMARY CONTACT INFORMATION
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,may need to contact staff for additional or missing information.
Name of Primary Staff n Phone Number
Contact/ Department a —�-�-c C"� �� gSat-te "4,0,913
Agenda Date Item was /� /a a Agenda Item Number
`
Approved by the BCC lo .0-
Type of Document Number of Original
Attached 1?--Q-So O rl Documents Attached
number or account 7 �� — r fr n
number if document is V ` 7
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature?
2. Does the document need to be sent to another agency for additional signatures? If yes, ``11
provide the Contact Information(Name;Agency;Address; Phone)on an attached sheet. (V/
3. Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman,with the exception of most letters,must be reviewed and signed a.
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's l\‘/R
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip
should be provided to the County Attorney Office at the time the item is input into SIRE. /
Some documents are time sensitive and require forwarding to Tallahassee within a certain
N/A-
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on to/ /'end all changes made during N/A is not
the meeting have been incorporated in the attached document. The County ^._ an option for
Attorney's Office has reviewed the changes,if applicable. this line.
9. Initials of attorney verifying that the attached document is the version approved by the N/A is not
BCC,all changes directed by the BCC have been made,and the document is ready for the an option for
Chairman's signature. this line.
Q�S►-e- - e�.�c+r� c� c of t8 ?acjtagy_ 4-D f�r.�:,a.C.....c r ® c ol.i c..otr v► g.t. 0
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RESOLUTION NO. 2022- 1 69
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
ACTING AS THE EX-OFFICIO GOVERNING BODY OF
THE COLLIER COUNTY WATER-SEWER DISTRICT
AGREEING TO PARTICIPATION IN A POOLED
COMMERCIAL PAPER LOAN PROGRAM OF THE
FLORIDA LOCAL GOVERNMENT FINANCE
COMMISSION; AUTHORIZING AND DIRECTING
EXECUTION AND DELIVERY OF A LOAN
AGREEMENT (UTILITY) WITH THE FLORIDA LOCAL
GOVERNMENT FINANCE COMMISSION AND
JPMORGAN CHASE BANK, N.A. IN ORDER TO ALLOW
FOR THE FUTURE FINANCING OF VARIOUS CAPITAL
IMPROVEMENTS TO THE WATER AND SEWER
SYSTEM OWNED AND OPERATED BY THE COUNTY;
AND PROVIDING AN EFFECTIVE DATE.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, ACTING AS THE EX-OFFICIO GOVERNING
BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT:
SECTION 1. DEFINITIONS. Unless the context of use indicates another
meaning or intent, capitalized terms used herein shall have the meanings ascribed thereto
in the Loan Agreement (Utility), to be executed among The Collier County Water-Sewer
District (the "Public Agency"), the Florida Local Government Finance Commission (the
"Commission") and JPMorgan Chase Bank, N.A. (the "Bank"), substantially in the form
attached hereto as Exhibit A, as the same may be amended and supplemented (the "Loan
Agreement").
The terms "herein," "hereunder," "hereby," "hereto," "hereof," and any similar
terms, shall refer to this Resolution; the term "heretofore" shall mean before the date of
adoption of this Resolution; and the term "hereafter" shall mean after the date of adoption
of this Resolution.
Words importing the masculine gender include every other gender.
Words importing the singular number include the plural number, and vice versa.
SECTION 2. AUTHORITY FOR RESOLUTION. This Resolution is
adopted pursuant to the provisions of the Act.
SECTION 3. FINDINGS. It is hereby ascertained, determined and declared
that:
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(A) The Commission has been established for the principal purpose of issuing
commercial paper notes in order to provide funds to loan to public agencies, such as the
Public Agency,desiring to finance the cost of acquiring,constructing and equipping capital
improvements and to finance other governmental needs.
(B) In furtherance of the foregoing, the Commission shall issue, from time to
time, commercial paper notes to be known as "Florida Local Government Finance
Commission Pooled Commercial Paper Notes, Series A (Governmental Issue)" pursuant
to the Program and shall loan the proceeds of such Series A Notes to public agencies,
including the Public Agency.
(C) Pursuant to the authority of the Act,the Commission has agreed to loan, from
time to time, to the Public Agency such amounts as shall be authorized by the Public
Agency, the Commission and the Bank in order to enable the Public Agency to finance,
refinance and/or reimburse the costs of the acquisition, construction and equipping of
various capital improvements to the System and the Public Agency desires to borrow such
amounts from the Commission from time to time subject to the terms and conditions of the
Loan Agreement.
(D) The Public Agency is authorized under and pursuant to the Act to enter into
the Loan Agreement for the purposes set forth therein.
(E) The Public Agency hereby determines that provision of funds by the
Commission to the Public Agency in the form of Loans pursuant to the terms of the Loan
Agreement to finance costs of Projects will assist in the development and maintenance of
the public welfare of the residents of the Public Agency, and shall serve a public purpose
by improving the health and living conditions, and providing governmental services,
facilities and programs and will promote the most efficient and economical development
of such services, facilities and programs.
(F) Loans shall be repaid solely from the Designated Revenues as provided in
the Loan Agreement. The ad valorem taxing power of the Public Agency will never be
necessary or authorized to make Loan Repayments.
SECTION 4. AGREEMENT TO PARTICIPATE IN PROGRAM.
Adoption of this Resolution will constitute an agreement of the Public Agency to
participate in the Program pursuant to the terms of the Loan Agreement.
SECTION 5. AUTHORIZATION OF LOAN AGREEMENT. In
connection with the Loan, the Public Agency hereby authorizes and directs the Chairman
of the governing body of the Public Agency (or the Vice Chairman, the "Chairman") to
execute, and the Ex-Officio Clerk of the governing body of the Public Agency(or any duly
authorized deputy clerk, the "Clerk")to attest, the Loan Agreement, and to deliver the Loan
Agreement to the Commission for its execution. All of the provisions of the Loan
Agreement, when executed and delivered by the Public Agency as authorized herein and
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when duly authorized, executed and delivered by the Commission, shall be deemed to be
a part of this Resolution as fully and to the same extent as if incorporated verbatim herein,
and the Loan Agreement shall be in substantially the form attached hereto as Exhibit A,
with such changes, amendments, modifications, omissions and additions, including the
date of such Loan Agreement, as may be approved by the Chairman. Execution of the
Loan Agreement by the Chairman shall be deemed to be conclusive evidence of approval
of such changes.
SECTION 6. TERMS OF LOANS. The governing body of the Public
Agency shall approve the terms of each Loan made under the Loan Agreement pursuant to
a resolution adopted prior to the incurrence of such Loan.
SECTION 7. AUTHORIZATION OF PROJECTS. The governing body
of the Public Agency shall approve each Project to be financed with proceeds of a Loan
prior to the incurrence of such Loan.
SECTION 8. SECURITY FOR THE LOANS. The Public Agency's
obligation to repay any Loan will be secured by a pledge of and lien upon the Designated
Revenues in accordance with the terms of the Loan Agreement and as provided in the
resolution approving such Loan. The obligation of the Public Agency to repay any Loan
shall not be deemed a pledge of the faith and credit or taxing power of the Public Agency
and such obligation shall not create a lien on any property whatsoever of or in the Public
Agency other than the Designated Revenues.
SECTION 9. GENERAL AUTHORITY. The members of the governing
body of the Public Agency and the officers, attorneys and other agents or employees of the
Public Agency are hereby authorized to do all acts and things required of them by this
Resolution and the Loan Agreement, or desirable or consistent with the requirements of
this Resolution and the Loan Agreement, for the full punctual and complete performance
of all the terms, covenants and agreements contained in this Resolution and the Loan
Agreement, and each member, employee, attorney and officer of the Public Agency or its
Board is hereby authorized and directed to execute and deliver any and all papers and
instruments and to do and cause to be done any and all acts and things necessary or proper
for carrying out the transactions contemplated by this Resolution and the Loan Agreement.
SECTION 10. SEVERABILITY. If any one or more of the covenants,
agreements or provisions herein contained shall be held contrary to any express provision
of law or contrary to the policy of express law, though not expressly prohibited, or against
public policy, or shall for any reason whatsoever be held invalid, then such covenants,
agreements or provisions shall be null and void and shall be deemed separable from the
remaining covenants, agreements or provisions and shall in no way affect the validity of
any of the other provisions hereof.
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SECTION 11. EFFECTIVE DATE. This Resolution shall take effect
immediately upon its adoption.
DULY ADOPTED this 0,5 day of O c�-z ID.e_x- , 2022.
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AS THE
EX-OFFICIO CHAIRMAN OF THE
GOVERNING °BOARD ,OF`' ,HE COLLIER
COUNTY WATER-SEWER DISTRICT
6.Ajia we 0 4 0
•IS r ,
.1, Willi. /L. McDaniel, Jr., Chairman
ATTE1?:
. • v4ttest as to Chairman's
• ;' • '. `` Si a only.
Crys al K. K nzel, Clerk of the Circuit
Court and Comptroller of Collier County,
Florida and Ex-Officio Clerk of the Board
of County Commissioners
Approves':s to wii • • -_• 1 ficiency:
.dif frigri
i.,jaA
Jeffrey A. « atz i v w, County Attorney
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EXHIBIT A
FORM OF LOAN AGREEMENT