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Resolution 1996-480 r OCT 2 2 1996 RESOLUTION NO. 96-480 A RESOLUTION APPROVING THE ISSUANCE BY THE CITY OF NAPLES, FLORIDA OF ITS CITY OF NAPLES, FLORIDA, HOSPITAL REVENUE BONDS (NAPLES COMMUNITY HOSPITAL, INC. PROJECT), SERIES 1996 IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $40,000,000 FOR THE PURPOSE OF MAKING A LOAN TO NAPLES COMMUNITY HOSPITAL, INC. TO BE USED (A) TO REFUND, ON A CURRENT BASIS, ALL OR A PORTION OF THE OUTSTANDING PRINCIPAL AMOUNT OF CITY OF NAPLES, FLORIDA, HOSPITAL REVENUE BONDS (NAPLES COMMUNITY HOSPITAL, INC. PROJECT), SERIES 1992, (B) TO PAY ALL OR A PORTION OF THE COSTS OF A CAPITAL PROJECT FOR HEALTH CARE FACILITIES AND (C) TO PAY ALL OR A PORTION OF THE COST OF CREDIT ENHANCEM~NT AND THE COSTS ASSOCIATED WITH THE ISSUANCE OF THE BONDS; APPROVING THE PLAN OF FINANCING, THE REFUNDING OF THE SERIES 1992 BONDS AND THE LOCATIONS AND NATURE OF THE PROJECT; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, THAT: SECTION 1. Authoritv for this Resolution. This resolution is adopted by the Board of County commissioners (the "Board") pursuant to the provisions of Section 125.01(1) (z), Florida Statutes, and section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code"). SECTION 2. determined that: Findinqs. It is hereby found, ascertained and (1) The City Council of the City of Naples (the "city"), following two public readings held on October 2, 1996 and October 16, 1996, and a public hearing held on October 16, 1996, adopted city Ordinance No. 96-7842 (the "Bond Ordinance") authorizing the issuance bythe City of Naples of its city of Naples, Florida, Hospital Revenue Bonds (Naples community Hospital, Inc. project), Series 1996 in an aggregate principal amount not to exceed $40,000,000 (the "Bonds'l\ for the purpose of loaning the proceeds of such Bonds to Naples community Hospital, Inc., a not-for-profit Florida corporation (the "Hospital"), to be used principally (A) to payor reimburse the Hospital for all or any part of the "cost" of a health care facilities capital project (the "Project") consisting of (i) the construction and equipping of an energy and utilities management system, (ii) renovating certain portions of the existing health care facilities of the Hospital at Naples community .,,11.:2: ~ OCT 22 199&r Hospital which is located at 350 7th Street, North, Naples, Florida, and (Hi) acquiring certain capital equipment for use in or in connection with the health care facilities of the Hospital at Naples Community Hospital and North Collier Hospital which is located in an unincorporated area of Collier County at 11190 Health Park Boulevard, Naples, Florida; and (B) to provide for the refunding, on a current basis, of all or a portion of the outstanding principal amount of City of Naples, Florida, Hospital Revenue Bonds (Naples Community Hospital, Inc. Project), Series 1992 (the "Series 1992 Bonds"), the proceeds of which were used principally to pay and reimburse the Hospital for all or a portion of the cost of a health care facilities capital project (the "1992 project") consisting primarily of: (i) the construction of a seven level parking garage of approximately 476,000 square feet, renovations at Naples Community Hospital relating to a special procedures x-ray room and M.R.I. facilities, the acquisition and installation of major movable equipment, including, but not limited to, a laboratory information system, a linear accelerator, M.R.1. equipment, a PBX communication system and equipment for the special procedures x-ray room, all located at Naples Community Hospital, and (ii) the remodeling of space at North Collier Hospital for use as a nursery and the acquisition and installation of major movable equipment at North Collier Hospital. The initial owner, operator and manager of the Project and of the facilities financed by the Series 1992 Bonds is Naples Community Hospital, Inc. The Bonds will be special, limited obligations of the City and will be payable solely from and secured by payments to be made by the Hospital. The Bonds will not constitute a debt, a pledge of the faith and credit or taxing power of the City, Collier county, the State of Florida or any other political SUbdivision or public body, and the holders of the Bonds will have no right to compel the exercise of the City's taxing power for the repayment of the Bonds and debt service thereon. (2) The Bonds are to be issued pursuant to the provisions of Part II of Chapter 159, Florida Statutes. The City has by the Bond Ordinance, a copy of which has been provided to this Board, approved the issuance of the Bonds, the plan of financing, the refunding of the Series 1992 Bonds and the locations and nature of the Project and the 1992 Project and has made findings required by Part II of Chapter 159, Florida Statutes. ~IU 2 ~ OCT 2 2 19~- -. (3) The City of Naples has provided to this Board a copy of the notice (the "TEFRA Notice") of a public hearing which was held on October 16, 1996, prior to the adoption of the Bond Ordinance, together with an extract of minutes relating to the public hearing and the adoption of the Bond Ordinance. (4) Portions of the Project are located outside the City in the unincorporated area of Collier County as set forth in the TEFRA Notice and the Bond Ordinance and, therefore, the City has requested the Board to approve the issuance of the Bonds, the plan of financing, the refunding of the Series 1992 Bonds, and the locations and nature of the Project and the 1992 Project, pursuant to the provisions of Section 125.01(1) (z), Florida Statute3, and Section 147(f) of the Code. (5) It is desirable and will serve a public purpose for the Board to grant such approval. (6) This Resolution shall in no manner obligate the County to provide any public services or facilities for the project or the 1992 project except as otherwise required by law. SECTION 3. Applicable Elected Representative Approval. The Board of County Commissioners, acting as the "applicable elected representative" of Collier County, Florida, hereby approves (i) the issuance by the City of Naples, Florida, of its City of Naples, Florida, Hospital Revenue Bonds (Naples community Hospital, Inc. Project), Series 1996 in an aggregate amount not to exceed $40,000,000 for the principal purposes of financing all or any portion of the Project and refunding the Series 1992 Bonds and loaning the proceeds of the Bonds to Naples community Hospital, Inc. for the purposes described in the Bond Ordinance and the TEFRA Notice and (ii) the plan of financing and the refunding of the Series 1992 Bonds and the locations and nature of the Project and the 1992 project all described in the Bond Ordinance and the TEFRA Notice. This approval is given pursuant to the authority described in Section 1 hereof and is given in order to meet the requirements of Section 147(f) of the Code. The approval herein granted in no way obligates the County in any manner for the payment of the Bonds or debt service thereon and shall not 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. Further, the approval herein is not intended to grant and does not grant any vested rights or special consideration regarding comprehensive plan, zoning, building or other land use matters. )11911.1 3