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Agenda 01/29/2008 Item #16F 2 Agenda Item No. 16F2 January 29, 2008 Page 1 of 7 EXECUTIVE SUMMARY That the board of County Commissioners, as the governing board of the Ochopee Fire Control District, adopt a resolution accepting a donation in the amount of $9,014.31, and any subsequent distributions, from tbe estate and/or trust of Della Eo Reynolds on behalf of the Ochopee Fire Control District. OBJECTIVE: To accept, on behalf of the Ochopee Fire Control District. a donation made by the Estate and/or Trust of Della E. Reynolds in the amount of $9,014.31, and any and all suhsequent donations made by that Estate and/or Trust by distribution, and to authorize the interim Chief to execute any and all documentation required to accept those donations, subject to the approval of the County Attorney's Oflice. To have the budget of the Ochopee Fire Control District adjusted accordingly reflecting that the funds are deposited for its use. CONSIDERATIONS: This item was approved by the Board of County Commissioners (Board) on November 1.\, 2007, as item 16 F. 3. However., Resolution No. 2007,316 inadvertently did not contain a pOl1ion of Paragraph 2 and the entirety of Paragraph 3. The I:xecutive Summary and approved Resolution ,",0. 2007.316 arc made part of this item, The proposed Resolution contains a complete Paragraph 2 and Paragraph 3. The remainder of the proposed Resolution is the same as Resolution No. 2007-316. As previously stated in the Executive Summary submitted to the Board on November 13, 2007, Della E. Reynolds, deceased, has granted through a testamentary trust the amount of $9,014.31 to the Ochopee Fire Control District, and has also made provisions for future distributions to the District from the sale of property in that trust. The acceptance and use of these funds would serve a valid public purpose for the citizens in the District as the District would be able to provide newer and better operating equipment to serve the needs of the citizens it serves, In order to receive the donations, certain legal documents need to be executed, and to facilitate that, the interim Chief Alan McLaughlin needs authority to execute them, subject to the prior approval of the County Attorney's Office. A budget amendment for the Ochopee Fire Control District is also necessary to reflect the acceptance and deposit ofthese donations. FISCAL IMPACT: The budget ofthe Ochopee Fire Control District, Fund 146, will be increased by $9,014.31, and further increased by future distributions from the Estate and/or Trust. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary, ,,- RECOMMENDA nON: That the Board of County Commissioners approve and adopt the Resolution attached hereto and approve the budget amendment to recognize the $9,014.31 as revenue to the Ochopee Fire Control District. Prepared by: Alan McLaughlin, Interim Fire Chief Copy ofthe proposed Resolution attached Page 1 of 1 Agenda Item No. 16F2 January 29. 2008 Page 2 of7 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16F2 That the board of County CommisSioners. as the governing board of the Ochopee Fife Control District, adopt a resolution accepting a donation In the amount of $9,014.31, and any subsequent distributions, from the estate and/or trust of Della E Reynolds on behalf of the Ochopee Fire Control Oistrict. Meeting Date: 1/29/20089:00:00 AM Prepared By tdan fill. fVlcLaU(Jhl!n Assistant Fire Chief Date} County Managej-'s Office isles of C8~Jri FiHo Rescue 1/7/2008 3:4-4;~~6 AM Approved By -Jar! E. Swnmer". i3uredll \~.f t~mergency SefviGes Djn,:,dOI' Chl;B Gmlnty rlllanage(s ':Jfiic.,~ t3ur(:.au ofi:n'lerrdenc'j Seukes 'r;r200B '~'i t5 ,j~M Approved By :)MB CDorain,.it(J! ':iJVIB C>)ordinator U3te ::'~mmty Manager's Office Office .A l\i'lanagernenl & Budget ili6f2008 8:26 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Off~ce Office of Management & Budget 1122/20089:06 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 1/22/20085;32 PM file://C:IAgenda TestlExportl99-J anuary%2029, %202008116. %20CON SENT%20AGENDA I... 1/23/2008 Agenda Item No. 16F2 January 29, 2008 Page 3 of 7 EXECUTIVE SUMMARY THAT THE BOARD OF COUNTY COMMISSIONERS, AS THE GOVERNINGING BOARD OF THE OCHOPEE FIRE CONTROL DISTRICT, ADOPT A RESOLUTION ACCEPTING A DONATION IN THE AMOUNT OF $9,014.31, AND ANY SUBSEQUENT DISTRIBUTIONS, FROM THE ESTATE AND/OR TRUST OF DELLA E. REYNOLDS ON BEHALF OF THE OCHOPEE FIRE CONTROL DISTRICT. OBJECTIVE: To accept on behalf of the Ochopee Fire Control District, a donation made by the Estate and/or Trust of Della E. Reynolds in the amount of $9,014.31, and any and all subsequent donations made by that Estate and/or Trust by distribution, and to authorize the interim Chief to execute any and all documentation required to accept those donations, subject to the approval of the County .\((ol1ley's Office. To have the budget of the Oehopec Fire Control District adjusted accordingly rctlecting that the funds arc deposited far its use. CONSIDERA TIONS: Della E. Reynolds. deceased, has granted through a testamentary trust the amount of $9.014.3 I 10 the Ochopee Fire Control District, and has also made provisions ji)]' future distributions to the District from the sale of propeliy in that trust. The acceptance and use of these funds would serve a valid public pmpose for the citizens in the District as the District would be able to provide newer and better operating equipment to serve the needs of the citizens it serves. In order to receive the donations, certain legal documents need to be executed, and to facilitate that, the interim Chief Alan McLaughlin needs authority to execute them, subject to the prior approval of the County Attorney's Office. A budget amendment for the Ochopee Fire Control District is also necessary to reflect the acceptance and deposit of these donations. FISCAL IMPACT: The budget of the Ochopee Fire Control District will be increased by $9,0 I 4.3 I, and further increased by future distributions from the Estate and/or Trust. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners approve and adopt the Resolution attached hereto. Prepared by: Alan McLaughlin, Interim Fire Chief Copy of proposed Resolution attached Agenda IIem No. 16F2 January 29. 2008 Page 4 of 7 RESOLUTION 2007 - A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BOARD OF THE OCHOPEE FIRE CONTROL DISTRICT DECLARING A PUBLIC PURPOSE FOR THE ACCEPTANCE OF A DONATION MADE BY THE ESTATE AND/OR TRUST OF DELLA E. REYNOLDS TO THE OCHOPEE FIRE CONTROL DISTRICT IN THE AMOUNT OF $9,014.31, AND ANY SUBSEQUENT DISTRIBUTIONS TO THE OCHOPEE FIRE CONTROL DISTRICT FROM THE SALE OF REAL ESTATE FROM THE EST ATE AND/OR TRUST OF DELLA E. REYNOLDS. WHEREAS, the Board of County Commissioners of Collier County, Florida ("Board") created the Ochopee Fire Control District ("District") and acts as its Governing Board pursuant to Collier County Ordinance No. 75-6, as amended; and WHEREAS, one Della E. Reynolds, deceased, died testate, leaving the residue of her estate to a Trust previously created; and WHEREAS, the Estate of Della E, Reynolds has been opened and is pending in the Probate Division of the Twentieth Judicial Circuit in and for Collier County, Florida under File No. OS-970-CP-02-HDH; and WHEREAS, the District is named as one of the beneficiaries for distribution; and WHEREAS, the Board finds that any such funds derived from the distribution can benefit the District, and that acceptance of those funds would be in the interest of those citizens within the District. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: I. The donation of monies by the Estate of DeIla E. Reynolds to the Ochopee Fire Control District serves a valid public purpose. 2, The Board will accept, on behalf of the Ochopee Fire Control District, a check in the amount of $9,014.31, and all future distributions, if any, from the Trust made by the Agenda Item No. 16F2 January 29, 2008 Page 5 of 7 4. That interim Chief Alan McLaughlin is hereby authorized to execute any and all documentation required by the Estates' attorneys, subject to the approval of the Office of the County Attorney, including, the Receipt and Refunding Agreement and Internal Revenue Service Form W-9, necessary to obtain the donations, BE IT FURTHER RESOLVED THAT this Resolution shall become effective immediately upon its approval and adoption, THIS RESOLUTION ADOPTED AFTER MOTION, SECOND AND MAJORITY VOTE FAVORING SAME this ___ day of, .2007, BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: JAMES COLETIA CHAIRMAN ATIEST: DWIGHT E. BROCK, Clerk By: Deputy Clerk Approved as to form and Legal sufficiency: ,Esq. orney Agenda Item No. 16F2 January 29.2008 Page 6 of 7 RESOLUTION 2008 ' A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BOARD OF THE OCHOPEE FIRE CONTROL DISTRICT DECLARING A PUBLIC PURPOSE FOR THE ACCEPTANCE OF A DONATION MADE BY THE ESTATE AND/OR TRUST OF DELLA E. REYNOLDS TO THE OCHOPEE FIRE CONTROL DISTRICT IN THE AMOUNT OF $9,014.31, AND ANY SUBSEQUENT DISTRIBUTIONS TO THE OCHOPEE FIRE CONTROL DISTRICT FROM THE SALE OF REAL ESTATE FROM THE EST ATE AND/OR TRUST OF DELLA E. REYNOLDS. WHEREAS, the Board of County Commissioners of Collier County, Florida ("Board") created the Ochopee Fire Control District ("Districf') and acts as its Governing Board pursuant to Collier County Ordinance No. 75-6, as amended; and WHEREAS, onc Della E. Reynolds, deceased, died testate, leaving the residue of her estate to a Trust previously created; and WHEREAS, the Estate of Della E. Reynolds has been opened and is pending in the Probate Division of the Tweniicth Judicial Circuit in and for Collier County, Florida under File No. 05,970,CP,02,HDH; and WHEREAS, the District is named as one of the beneficiaries for distribution; and WHEREAS, the Board finds that any such funds derived from the distribution can benefit the District, and that acceptance of those funds would be in the interest of those citizens within the District. NOW THEREFORE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: 1. The donation of monies by the Estate of Della E. Reynolds to the Ochopee Fire Control District serves a valid public purpose. 2. The Board will accept, on behalf of the Ochopee Fire Control District, a check in the amount of $9,014.31. and all future distributions, if any, from the Trust made by the deceased, Dell E. Reynolds. 3. That the $9,014.31 and any and all future funds received from and through the Estate of and/or Trust of Della D. Reynolds be and the same be given to and deposited by the Clerk of Courts, and that the budget of the Ochopee Fire Control District be adjusted accordingly reflecting that the funds are deposited for its use. Page I of2 Agenda Item No. 16F2 January 29, 2008 Page 7 of 7 4. That interim Chief Alan McLaughlin is hereby authorized to execute any and all documentation required by the Estates' attorneys, subject to the approval of the Office of the County Attorney, including, the Receipt and Refunding Agreement and Internal Revenue Service Form W-9, necessary to obtain the donations. BE IT FURTHER RESOLVED THAT this Resolution shall become effective immediately upon its approval and adoption. THfS RESOLUTION ADOPTED AFTER MOTION, SECOND AND MAJORITY VOTE FA VORfNG SAME this ____ day of _____________,2008, ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS OF COLLJER COL~TY, FLORIDA By: -------~-- TOM HENNING. CHAIRMAN Approval as to form and legal Sufficiency: ~('dl, ~ fe - ,.u, Jenmer A. Bel edio Assistant County Attorney Page 2 of2