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Resolution 1989-217 AUGUST 29. 1989 RESOLUTION NO. 89-217 RESOLUTION APPROVING THE ISSUANCE BY THE CITY OF NAPLES OF ITS CITY OF NAPLES, FLORIDA, HOSPITAL REVENUE BONDS (NAPLES COMMUNITY HOSPITAL, INC., PROJECT) IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $35,000,000 FOR THE PURPOSE OF FINANCING A CAPITAL PROJECT FOR NAPLES COMMUNITY HOSPITAL, INC. , APPROVING THE PLAN OF FINANCING UNDER lIHICH SUCH BONDS ARE TO BE ISSUED AND APPROVING THE LOCATIONS AND NATURE OF THE PROJECT; PROVIDING FOR SEVERABILITY, CONFLICTS AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: Authority adopted pursuant to the Florida Statutes. tor this Resolution. This Resolution is provisions ot Section 125.01(1) (z), SECTION TWO: Findings. determined that: (1) In order that its bonds, hereinafter described, may me.t the requirements of Section 147(t) of the Internal Revenue Code of 1986, the city of Naples has requested the Board of County Commissioners to approve issuance by the City ot Naplss ot its City ot lTaples, Florida, Hospital Revenue Bonds (Naples Community Hospital, Inc., project) in an aggregate principal amount not to exceed $35,000,000 (the "Bonds") tor the purpose of loaning the proceeds of such Bonds to Naples Community Hospital, Inc. (The "Hospital"), to be used to finance a health care facilities capital project (the "Project") consisting of: (A) the construction of a 50 bed qeneral acute care hospital of approximately 72,000 square teet to be located in an unincorporated area of Collier County at 1501 Immokalee Road, Naple., Florida, and the acquisition and installation of furniture, furniShings and equipment to be located at such address, and (B) the construction of a medical education building of approximately 39,000 square teet to be located on the Naples Community Hospital campus at 350 7th street, North, Naples, Florida, and the acquisition and installation at furniture, furnishings and equipment to be located at said campus. It is hereby found, ascertained and (2) The Bonds are to be issued pursuant to the provisions of Part II ot Chapter 159, Florida Statutes. The City has by Ordinance, a copy of which has been provided to this Board, approving the issuance of the Bonds, tha plan of financing, the locations and nature of the Project and has made tindings required by Part II ot Chapter 159, Florida Statutes. (3) The City of Naples has provided to this Board a copy of the Notice ot a pUblic hearing which was hald on August 16, 1989, prior to the final adoption ot the ordinance together with an extract of minutes relating to tha pUblic hearing. (4) It is desirable tor the Board to approve the i.suance of the Bonds, the plan ot financing and the location and nature ot the Project, pursuant to the provisions ot Section 125.01(1) (z), Florida Statutes, and Section 147(t) ot the Internal Revenue Code ot 1986. {9~/.s-I1./ 00029 AUGUST 29. 1989 SECTION THREE: Applicable Elected Representative Approval. The Board ot County CommissIoners, acting as the "applicable elected representative" ot Collier County, Florida, hereby approve. the i.nuance by the City of Napl.., FlorIda, of it. city ot Naple., Florida, Hospital Revenue Bonds (Napl.. Community Hospital, Inc., Project) in an aggregate principal amount not to exce.d $35,000,000; it also approv.. the plan of financing under which the proceeds of the Bonds shall be loaned to Napl.. community Hospital, Inc., to finance the capital projec~ described in the findings. The Board of county Commissioners also approves the locations and nature of the Project described in the findings. This approval is given pursuant to the authority described in Section 1 hereof and is given solely in order to meet the requirements of Section 147(f) of the Internal Revenue Code of 1986. The approval herein granted in no way obligates the County in any manner tor the payment of the Bonds or debt service thereon or in any other way shall be deemed to impose any liability or Obligation upon the County or any of its officials or employees in connection with the sale and issuance of the Bonds by the City of Naples. Further, the approval herein is not intended to qrant and does not grant any vested rights or special consideration regarding comprehensive plan, zoning, building or other land use matters. SECTIon FOUR: Severability. In case any section or proviaion ot this resolution, or any covenant, agreement, stipUlation, obligation, act or action, or part thereot, made, a.sumed, entered into or taken un~er this resolution, or any application thereat, is held to be illegal or invalid tor any reason, or is inoperable at any time, that illegality, invalidity or inoperability shall not affect the remainder thereot or any other section or provision of this resolution all of which shall be construed and enforced at the time as It the Illegal, invalid or inoperable portion were not contained therein. Any illegality, invalidity or inoperability shall not affect any legal, valid or operable ..ction, provi.ion, covenant, agreement, stipUlation, Obligation, act, action, part or application, all of which shall be deemed to be efleetive, operative, made, assumed, entered into or taken in the manner and to the tull extent permitted by law trom time to time. SECTION FIVE: contlict.. All ordinances and resolutions or parts thereof in conflict herewith are to the extent of such conflict .uperseded and repealed. SECTION SIX, Ettective Date. Thi. resolution .hall become etfective immediately upon its adoption and enactment. PASSED AND ADOPTED this07~ day ot Augu.t, 1989. Attest: JAMES C. GILES, " ~,IAflD 0 ,'.....:..A ~' ".',' ';:~.... ~':' ~ ~~n .' . - . .; ':. Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY'~ ./~ ;/~(S~DEIUl, Chairman' '~_o.~ '.. .'. ". :t:., :-:- ,...... ...... ...." ;. .' ':, ;.~. Apprqired as to form , rllilU' autticiency' and ~. ..JA~L Kenneth B. CU r County Attorney O~J5-fl.Dt 00030