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Home My WebLink About850721.tiff 482054141 EMERGENCY ORDINANCE NO. 141 AN EMERGENCY ORDINANCE WITH RESPECT TO NORTH COLORADO MEDICAL CENTER: AUTHORIZING THE TERMINATION OF THE GROUND LEASE WITH THE COLORADO HEALTH FACILITIES AUTHORITY ENTERED INTO ON JULY 1, 1980; AUTHORIZING A GROUND LEASE TO THE COLORADO HEALTH FACILITIES AUTHORITY OF CERTAIN LANDS UPON WHICH SAID HOSPITAL IS LOCATED; APPROVING THE LEASING OF HOSPITAL FACILITIES BY SAID AUTHORITY TO THE BOARD OF TRUSTEES OF NORTH COLORADO MEDICAL CENTER FOR A TERM OF YEARS; APPROVING THE COLORADO HEALTH FACILITIES AUTHORITY HOSPITAL REFUNDING REVENUE BONDS (NORTH COLORADO MEDICAL coo 0 v CENTER PROJECT) SERIES 1985 AND THE PRELIMINARY OFFICIAL STATEMENT PERTAINING TO SAID REFINANCING AND ALSO MAKING OTHER PROVISIONS IN CONNECTION WITH THE FOREGOING. 0 a 00 BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF o a WELD COUNTY, COLORADO: v} w a WHEREAS, under Title 30, Article 20, Part 3 of the t° a Colorado Revised Statutes, a "governmental agency" (which .. w ri a term includes a county of the State of Colorado) is a authorized to rent or lease a "public project" or any co U N H portion thereof to any person, partnership, association, or w Cf) corporation, either public or private; the term "public project" under said statute means, among other things, v z facilities suitable for and intended for use in the promo- oz o tion of the public health; and Ua a m o WHEREAS, under the provision of Title 25, Article 3 , rim c Part 3 of the Colorado Revised Statutes, entitled "County m Hospitals, Establishment" (herein "County Hospitals Act" ) , the Board of County Commissioners ( the "County Board" ) of Weld County ( the "County" ) established a body corporate under the name of "Board of Trustees for Weld County General Hospital" ( the "Hospital Board" ) which operates North Colorado Medical Center ( formerly, Weld County General Hospital) , Greeley, Colorado (the "Hospital" ) located upon lands owned by the County; and WHEREAS, in order to purchase direct obligations of the United States government in order to refund and provide for CL : L/ " P'fFc 850721 the payment and discharge ( "Refinancing) of the Colorado Health Facilities Authority Hospital Revenue Bonds, Series 1980 (Weld County General Hospital Project) , dated July 1, 1980, in the original amount of $19,265, 000 (the "Series 1980 Bonds" ) , the Hospital Board has requested the Colorado coo o Health Facilities Authority (the "Authority" ) to issue No o Series 1985 Bonds (as hereinafter defined) ; and a oW 03 o u WHEREAS, to accomplish the foregoing, it is necessary v} w o that the County and the Authority enter into a ground lease 0 z termination agreement (the "Termination Agreement" ) in order ato terminate the ground lease entered into with the Authority a on July 1, 1980, as part of the issuance of the Series 1980 co C.) o z Bond ( the "1980 Ground Lease Agreement) ; and N H \ W ocn % WHEREAS, to accomplish the foregoing, it is necessary zthat the County exercise its power aforesaid to enter into a oZ N 4 new ground lease (the "Ground Lease" ) with the Authority P4 providing for the leasing of certain lands owned by the ,o ,., County and upon which the Hospital is located to the Authority, � 0 H and the Authority will thereupon provide funds for the CO C14 Refinancing, and simultaneously therewith the Authority, as lessor, will sublease all of such lands and facilities subject to the Ground Lease (the "Hospital Facilities" ) to the Hospital Board, as lessee, under and pursuant to a lease to be entered into between the Authority and the Hospital Board ( "Lease" ) ; and WHEREAS, there have been presented to this meeting the following documents: (a) The form of Ground Lease to be entered into between the County and the Authority setting forth the -2- terms and conditions of the leasing of the Hospital Facilities between the County, as lessor, and the Authority, as lessee; (b) The form of Lease to be entered into between the Authority, as lessor, and the Hospital Board, as lessee, setting forth the terms of the Lease, the basic o rents to be payable thereunder and the term of the O Lease; mo U a a o (c) The preliminary disclosure statement (the v "Preliminary Official Statement" ) , with respect to the o public offering by the Authority of the Colorado Health 'oa Facilities Authority Revenue Bonds, Series 1985 (North .. w Colorado Medical Center Project) (the "Series 1985 v v Bonds" ) in an amount not exceeding $17,000, 000. 00 and co H which is to be approved and executed by the Hospital o Board; w w z (d) The form of bond purchase agreement (the o2 o 4 "Bond Purchase Agreement" ) to be entered into by the rig cc Authority and Prudential-Bache, Securities Inc. , m o Anderson DeMonbrun Division ( the "Underwriters" ) e-1 CO '-' o providing for the sale of the Bonds by the Authority re 44 and the purchase thereof by the Underwriters and which is to be approved and executed by the Hospital Board; and (e) The Termination Agreement to be entered into by and among the County, the Trustee of the 1980 Series Bonds, and the Authority setting forth the terms and conditions of the termination of the 1980 Ground Lease -3- Agreement entered into by and between the County and the Authority on July 1, 1980, as part of the issuance of the Series 1980 Bonds; and WHEREAS, the County has determined that the foregoing c o transactions and the completion of the Refinancing will o serve the purpose of promoting the health and welfare of the •zrresidents of the County and the surrounding territory and it a 0 3 appears that the Ground, Lease and the Termination Agreement a t"-w are appropriate instruments to be executed and delivered by 2 the County for the purposes intended and that it appears v:) a that the other documents above-described are proper instru- ' ' a ments to be executed and delivered by the Hospital Board; w u and oZ �� Ln o WHEREAS, the financial consultants to the Hospital and w rw the Underwriters of the Series 1985 Bonds have advised that o z the sale of the Bonds will be made during the week of N I o December 30, 1985, so as to sell the Bonds at a time that is u a most opportune to obtain a favorable rate of interest M I n + o thereon; and r-I W r1 0 al 4 WHEREAS, in order to sell the Bonds during the week of December 30, 1985, it is necessary to have the form of the Bond Purchase Agreement approved by the Board of County Commissioners of Weld County and the Hospital Board on or about December 18, 1985; and WHEREAS, in order to make this Ordinance effective within the required time schedule, it is necessary that it be and it is hereby declared to be an emergency ordinance. -4- NOW, THEREFORE, BE IT ORDAINED by the County Commissioners of Weld County, Colorado as follows: This is an emergency ordinance which shall be effective on adoption as provided in Section 3-14 of the County' s Home Rule Charter. Public notice of this Ordinance shall be given forthwith. Without such procedure, the Ordinance co o o could not be considered and finally adopted so as to accom- 0 u modate a sale of the Series 1985 Bonds during the week of o w December 30, 1985, in order to obtain a favorable rate of o a interest on the Series 1985 Bonds. tow 0 a 0 u a Section 1 - Ground Lease. In order to accomplish the foregoing transactions and in order for the Authority to accomplish the Refinancing, the County is hereby authorized U o z to enter into the Ground Lease whereby the Hospital Facilities N N will be leased to the Authority for a term not exceeding om twenty-five ( 25) years from the date thereof and pursuant to <rw w the terms and provisions set forth in the Ground Lease now � z CN before this meeting; and such Ground Lease shall be executed 0 ci o on behalf of the County by the Chairman or Chairman Pro-Tem a w of the County Board in substantially the form thereof now � o CO before this meeting,and hereby approved, or with such c° changes therein as shall be approved pproved by the Chairman or the Chairman Pro-Tem executing the same, with such execution to constitute conclusive evidence of their approval and this County Board' s approval of any changes or revisions therein from the form of Ground Lease now before this meeting. Section 2 - Hospital Lease. The County Board does hereby approve and authorize the Lease between the Authority, -5- as lessor, and the Hospital Board, as lessee, whereby the Hospital Facilities will be leased by the Authority to the Hospital Board for a term not exceeding twenty-five ( 25) years and with rentals payable thereunder as provided for in the Lease now before this meeting, which rents are payable monthly for use of such Hospital Facilities for such month, o v and such Lease to be in substantially the same form thereof 0 o now before this meeting and hereby approved or with such o a changes therein as shall be approved by the officer's of the oW 03 Hospital Board executing the same, with such execution to o yr W z constitute conclusive evidence of their approval and this O aCounty Board' s approval of any changes or revisions therein from the form of Lease now before this meeting. .�▪ x c0 .7 Section 3 - Ground Lease Termination Agreement. The oz • H County is hereby authorized to enter into the Termination nF U) Agreement by and among the County, the trustee of the Series ri 1980 Bonds, and the Authority whereby the 1980 Ground Lease • z Z Agreement entered into by and between the County and the 0 o a Authority in conjunction with the Series 1980 Bonds will be w terminated simultaneously with the beginning of the term of Mr- o H OD the Ground Lease entered into between the County and the M G14 Authority for the Refinancing, with the Termination Agreement to have the terms and provisions set forth in the Termination Agreement now before this meeting; and such Termination Agreement shall be executed on behalf of the County by the Chairman or Chairman Pro-Tem of the County Board in substan- tially the form thereof now before this meeting, and hereby approved, or with such changes therein as shall be approved by the Chairman or the Chairman Pro-Tem executing the same, with such execution to constitute conclusive evidence of their approval and this County Board' s approval of any changes or revision therein from the Termination Agreement now before this meeting. -6- Section 4 - Other Documents. The County Board hereby further approves and authorizes the issuance of the Series 1985 Bonds and related transactions contemplated by the said Preliminary Official Statement and the said Bond Purchase Agreement by and on behalf of the Hospital Board in substan- tially the respective forms of such documents now before o this meeting. OO 0 � 0 Section 5 - Further Action. The County Board further 3 authorizes the officers of the County Board or any County irk w Commissioner to take all action necessary or reasonably a required to carry out the transactions contemplated by this o `pm Ordinance, including without limitation, the execution and .. w delivery of any closing documents necessary in connection w a with such transactions. coo 0z N H w o a Section 6 - No Liability of County. It is further understood and agreed that the Series 1985 Bonds to be -crw .mow d z issued by the Authority do not constitute a debt or liability 0z rt of this County and that the County is not obligated to make um rct lease payments to the Authority, and neither taxpayer funds en o nor any other funds of the County will be used to pay the 0 0 of interest, or redemption P:1 [Li principal p premium on any of the Authority' s Series 1985 Bonds. Section 7 - Public Notice. That public notice of the adoption of this emergency ordinance shall forthwith be given by the County Clerk after passage. The Board of County Commissioners of Weld County, Colorado, pursuant to Section 3-14( 6) of the Weld County Home Rule Charter, does hereby declare, for the reasons given in the preamble and body of this Ordinance, this to be an emergency ordinance under said provisions of the Weld County Home Rule Charter, and it shall be effective immediately. -7- The above and foregoing Emergency Ordinance No. 141 was, on motion duly made and seconded, adopted by the following vote on the 18th day of December, A.D. , 1985. BOARD OF THE COUNTY COMMISSIONERS, WELD COUNTY, COLORADO ATTEST: l T nJ oo u WELD COUNTY CLERK AND By: Ja que ne J,`son, Chairman oo RECORDER coo U o By: EXCUSED a B • Gene R. Brantner, Chairman Pro-Tem 0 N D puty County erk tn- By: / aAPPROVED' AS TO FORM: C. W. K , ommissioner vpg 702-14A/Pr- By: gC my Attorney Gore : . ac', Co , • ' - Toner v a By: nt.. . Prank Yamag'` 1, o ' ssioner o z N H n E o aG BADrH/DL.9 • w Ln z o oz N a O ua w X a m N O HI CO N o W W -8- EXHIBIT A December 18, 1985 The Board of County Commissioners of Weld County, Colorado, met in regular public session in the 1st floor meeting room of the Weld County Centennial Center in Greeley, Colorado at 9 o'clock a.m. on December 18, 1985 . There were present: Jacqueline Johnson, Chairman , Pro-Tem C. W. Kirby, Commissioner Gordon E. Lacy, Commissioner Frank Yamaguchi, Commissioner Also present were Tommie Antuna, Deputy County Clerk, Donald Warden, Director of Finance and Administration and Lee D. Morrison, Assistant Weld County Attorney. An Ordinance entitled: AN ORDINANCE WITH RESPECT TO NORTH COLORADO MEDICAL CENTER: AUTHORIZING THE TERMINATION OF THE GROUND LEASE WITH THE COLORADO HEALTH FACI- LITIES AUTHORITY ENTERED INTO ON JULY 1, 1980; AUTHORIZING A GROUND LEASE TO THE COLORADO HEALTH FACILITIES AUTHORITY OF CERTAIN LANDS UPON WHICH SAID HOSPITAL IS LOCATED; APPROVING THE LEASING OF HOSPITAL FACILITIES BY SAID AUTHORITY TO THE BOARD OF TRUSTEES OF NORTH COLORADO MEDICAL CENTER FOR A TERM OF YEARS; APPROVING THE COLORADO HEALTH FACILITIES AUTHORITY HOSPITAL REFUNDING REVENUE BONDS (NORTH COLORADO MEDICAL CENTER PROJECT) SERIES 1985 AND THE PRELIMINARY OFFICIAL STATEMENT PERTAINING TO SAID REFINANCING AND ALSO MAKING OTHER PROVISIONS IN CONNECTION WITH THE FOREGOING. was introduced as an emergency ordinance and brought up for final passage. Said ordinance was ordered recorded in the minutes of the meeting. It was moved by Gordon E. Lacy and seconded by C. W. Kirby that said ordinance be adopted. The vote upon such adoption was as follows: AYE: Jacqueline Johnson C. W. Kirby Gordon E. Lacy Frank Yamaguchi NAY: None. The Ordinance was signed by the Board of County Commis- sioners, attested by the County Clerk and recorded in the minutes of the Board of County Commissioners. The County Clerk was directed to give public notice of the adoption of said Ordinance by a single publication in the Johnstown Breeze and The Greeley Tribune. A true and correct copy of said Ordinance is attached hereto and incorporated herein by reference. (Other business not pertinent to the foregoing appears in the minutes of the meeting) . -2- Pursuant to motion duly made and carried, the meeting was adjourned. \acq line J hpson, Chairman ATTEST1 ZnTClc4nar.,yv WELD COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD Byl Orni/ ti o 2 (2t41-a) Dep ty County Cle BADrH/BL.9 -3- WELD COUNTY, COLORADO Certificate With Respect to Excerpts of Minutes of the Board of County Commissioners of Meeting of December 18, 1985, Incumbency of Officers and Closing Representations I , the undersigned, hereby certify that I am the duly elected, qualified and acting Chairman of the Board of County Commissioners of Weld County, Colorado (the "County" ) , and I do further certify as follows : Attached hereto and marked "Exhibit A" is a true and correct copy of an excerpt of minutes of the regular meeting of the Board of County Commissioners, which was open to the public, held on December 18, 1985, including Ordinance No. 141 which was read and adopted at said meeting and that the attached excerpt contains all matters set forth in said minutes with respect to said Ordinance and that said Ordinance remains in full force and effect and has not been modified at the date hereof. IN WITNESS WHEREOF, this Certificate is executed and delivered this 30th day of December, 1985 . Ja que ne Joh s n, Chairman ATTEST:V1(1 ( ��7 WELD COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD /07Jv1��J D putt' County Cle BADrH/AL. 9 WELD COUNTY, COLORADO CERTIFICATE AS TO RESOLUTIONS I, the undersigned, hereby certify that I am a duly chosen, qualified and acting County Clerk and Ex Officio Clerk to the Board of County Commissioners in and for Weld County, Colorado (the "County" ) , that attached hereto are true and correct copies of the minutes of the Board and resolutions duly adopted by the Board of County Commissioners of the County at meetings thereof duly called and held on March 31, 1944, November 23 , 1977, January 8, 1979 and January 14, 1980, which resolutions have not been revoked, rescinded or modified and are in full force and effect on the date hereof, such resolutions were adopted by the unanimous vote of all the commissioners after motion duly made and seconded. WITNESS my hand and seal of Weld County, Colorado as of the 30th day of December 1985. WELD COUNTY CLERK AND BOARDER CR TO THE - BOARD [SEAL] <B� eputy County C rk BADrH/HHHL.10 STATE OF COLORADO § § COUNTY OF WELD § I , Tommie Antuna, the duly qualified and acting County Clerk and ex-officio Clerk of the Board of County Commissioners of Weld County, Colorado do hereby certify according to the records of said County in my official possession that the above and foregoing constitutes true and correct excerpts from the minutes of the regular meeting of said Board of County Commissioners, which was open to the public, held on December 18, 1985, including an ordinance which was read and adopted at said meeting, and that the foregoing excerpts contain all matters set out in said minutes with respect to said Ordinance. Said Ordinance was adopted by the unanimous vote of all the Commissioners present after motion duly made and seconded and has not been revoked, rescinded or modified and is in full force and effect on the date hereof. IN WITNESS WHEREOF, I have hereunto subscribed my official signature and impressed hereon the official seal of Weld County, Colorado this 30th day of December, 1985 . D puty County Cle k [SEAL] AFFIDAVIT OF PUBLICATION THE JOHNSTOWN BREEZE STATE OF COLORADO i SS COUNTY OF WELD I, Clyde [Briggs, do solemnly swear that I am publisher of The .Johnstown Breeze; that the same is a weekly newspaper printed, in whole or in part, and published in the County of Weld, State of Colorado. 108* and has a general circulation therein; that �� thereof as said newspaper has been published BNBIBRMCM ',andser h°f" a Lamar 4Mh continuously and uninterruptedly in said tams-. � County o[ Weld for a period (tip( more than t E Fed d'1hwC _ On Naar Co two consecullve weeksriot to the ' R; WOOF, al*, tba,:Aatrwrit}r.:ses Ala tneG Y- ,. fuel publication of the annexe lab fl nulice �}ana OF "Wee � - "- ?9 or advertisement; that said newspaper has r Ero• • So between - „eMmis meeting, stW. been admitted to the United States mails as ,ey , aw uch se It. r�ROpU9ND Hasp asera -�• c ph F pyrraiwr f Shag tie second-class matter under the provisions ul IPAC •COLORADO faWDOPI then be, PrgT �t=AattM the Act of March 3, 1879, or iii\ L PAC __AUTHOR' heft a tarlf NNe Nltar exeeuion•ffi . amendments thcreol, amt Thal sold Py oF•:CERID NDT UPOro Lead'Der" same, wolf eurti evidetoaea r�tcft SAID , flTALTH Lead. . c.lrotmde news a er is et weekly ea t )er duly •2ASiski OS p �ar y dirfobsere tnek Marc al aed this County p p p f t MCA,- a1tao�l'aM0l, ReNnary Is •ret�Qm the qualified for publishing legal notices and YR 'HOARY TO EE OF ��V' te"wna111rt^qh4 or re j„toMsarenowbenthR advertisements within the meaning of Me NE BOARD MEDICAL w the n see gx• laws of the State of Colorado. WORTH COL OF AuttibrNY d T1ry CENTER. pop, a-- TERM A BeOt =.�XMNtN 4eaN. That the annexed legal notice or advertise- WARS. LOAPPROVINGht..FACILE FWindt s Seat dtdf Clntei' Ie011 The Cfalatit Beard doaa hereby 6' COLORADO 4TH Tµ Colored°Me an aidprowfaAtl does hereby menl was published in the regular and TIES AUT .BONDS (the•Series 1885 Bo ^^(( batarMhme dlNodtll en tasor, entire issue of every number of sold lweekly REFUND' i AL a dot not exda►dln8 f tyh, ye.to and,the HPapitel Board. as a pOM not a ytne leeua.yde/"� the Hospital newspaper for the period of I consecu- AND THE h be app FaclBtMa Mil be leased by the ' live insertions; and that the first CIAL STA AtNIN- Hapnel WeM7 Authorityester to the NospNal Board for alarm not a Hoe io airily ntals publication of said not' was in the issue-of_ TO SA UL_ 'a e f— 6P eu aenplaided: ..s newspaper d / 1yWITH %Mb .4e t rastPethla .a that the last claid nulice n mof eet *'n�b�timw be de thisA n - In rotas dwchHoapba' was in the issue of said newspaper dated BE. ITD ORDAINEDBYDivision. ILL» .e�h month, end. A.D. 19 MiSSioNBOARD SS COUNTY WELD a;�")provNRn for the sale Facilities idr-�IF#n month, CppgS DOFF ohh onetsbythe Authority and suchLesseta-Tttktnsubst now In witness whereof I have het'cuntn set O4QRAD©: : - - the purchase thereof by the the same orm WHEREAS, under Tiue 30, Underwriters ang-whleh is to be before this meeting and hereby the approved or with such changes my hand_tlus 3 day of T�,--I Article 20,• tad 3 sf the Colorado HospitSIapprovedBoard; and e - therein as shall be approved by A.D. 19f6 Revised StaWree, a govern- HwpN91 Board:..and the officers of the Hospital Board (which term - 'errs executing the 'same, with such includes a Male Sae of (e)TheTerminatton Agreem execution to oonstiNte con- m their approval lease a pa�tlaKw to°Marry the eGlOnts�[ed stoTb�eatanadnd the and his County Board's approval -. 01 ProleaaMy nd erM the ty portion thereof o ea person, 1980 Senn Da a• cnen oe or rev Islam / }ruhlisher -pennareeip, sasOclati0n, or corer and con coning forth the terms of SPY o, note; end Authority setting sof the the terms f SPY before meeting.form of Lease the term r.s+' ,TVOlect under of the 1980 Ground Leese n a _ around Nees said statute ntsttath:amovg other Agreement entered IMO and^ ere , things, facilities=Reba or and between the'County Te h,atron Agreement. The Subscribed and sworn to before me, a intended for untie the Promotion Authority on July t, T as part of thepublic hsalth;.and of the rids; a 01 the Banes' County in hereby authorized to 1980 Bonds; and enter into the Termination lOlar'y Public in and for the County of Agreement by and among the affesId State of Colorado/this .-..ace day of WHEREAS.under the Pr301 the WHEREAS, the County has County. trusteethat the ray A.D. 19.84-,.. of Colorado o Abide Revised'part ' , C titled . Runty Statutes, determined [lint the Mpletin9 Hospitals, transactions end the epmPlet'on whereby the 1 gSpGround lease Estella : County wilt seta the Agreement entered int° by and of promoting the health between the County a the � • ' Establishment (harem 'County - of then Retlnancmg /% !fir Hospitals Actiwthe-;-Bard of puma*d II 1980 Ba+da will be �-r'S d '-'� County oanmiof Weld County he County and the surrounding Authority m conjunction glwit vipte Notary f'u hilt' Count)' Board")d Weld County taint° and it appears that the terminated a of the terry with (the"County n er th bed a body qeq ry Agreement are appropriate. Ground the. County rand.into lthe"Ole under established ed a b of, Ground Lease aria the that the the Unin9 of the Rterm o _ e Broad of Trustees for Weld Mimientss.to be executed and between County Diener!,Board"' HMit op (the County the North.Colorado Modica' Center purposes intended and that it with the Termination AOreament ,y Commission expires "Hospital Boar wRld operates delivered by the Coun for the Alt nave heority t arms end pray ton County General appears that the other feth to C TI ray ohs ttformedyy. Wald• iksd are sac. , y r.-:miss on Expires June 14, 1987 '{popped,) local.O upon l one manta instruments the Agreement g eYmg and such Termination ' Hospital) located Coo y; a lands .Proper in d ente !o be axe- meeting. now before this owned by me CouritY. I cuted• Hose l Boa delivered; dby Agreement shall be executed on 2 aor!rlr parish Avenue Hospital Board; and behalf of the County by tM. • ' order- to Far' ial son- Chairman or Chairmen Pfo-Tem johns town, CO 80534 IoWEREAS Ih WHEREAS;to trip p H s, , and he of the Goa*Beard its eubpten• chase direct aMgs!laas.M the jn to tb4 M+m tiallY'tNe"tam thereof now before woo* Qtattp". sale hathi mate's-forthereof end before' the- Wyaleat• y ptaD • during approved, or with such changes` Health of fhe' CM o Df fka 5 ("ReNh ecNilles Authority the week d December 1 ri [prom as shall be apPr had:-try General that la most opportune to obtain Pro-Tem executing the Same. Hoessppital Revenue.Bonds, Series so as to sell the Bonds at a time the Chairman or the Chairman Hospital p Project),County with conclusive evitionto constitute of their nal amount of t, t favorable rate of interest cpproyal and this County Board's 19928 in the 5,0 0 1 he: "Series thereon; and —� ,.1�__�-- — _ _. _ _ yp} ---1-4 uF. OaIIM ibee4► io the efe of Co o ' ,T - ghMi EMI 190 on or about Cat taIfek, if k6 1985: me - a e�lDr�t Ih-0rda[ to alaka t �' ta4my+ r .a�,u - emar9s`hry 04ui ctT t f ` 'me ORDAINED XK `_.' ,e� v CCppmm E+WIWa al y T ��ryZrge' Mrt s•s f. . this to q�+ orgm. Bearda�.ci an9 C. ': ":`:. . " erne whisintsN.be pifectIvi on Stoner to take all n adoption a� in$tactbn ' of reasona• ,"bl r fl . , "Y >xis.W d 9-td er Pu ;p0as `W" rr.t�4 e charter p atl Irthth-- co ^ q a7.:;4"0.44,:... "0.4 wah.Whbouc ^�cl =ene t tP Yec +° "to accom A salembe ��11.of [thee f WY .,�f -won of'f9BDeOu Aui 99.91Me �f r .tae ,. order to obf 8edae e al rM'b.hrthsr u e �.Mw kt at on thin �. ranee M b be Bnr, 0uth0rl: defmt constitutes • , OwrM the tom- af�ty Is oountl tae •'�ti"M' the fare that$Mjesse not nt 1p to the•- * and in.paler. -tansy. - nelneta to 14e : yae neither t Y1t4E .,. 'Y 9 . �cWfnn0lNh nb.OfMf funds at lC�e. Y p fk YBBp tp '! slp,at` s�xY ouerNt. or f e74: ' n !l m lgp`gae tMe!ere Sad on any of the M�Mil t Nt�e ".not "."- . -a lea 1985 eone.- _ EIMtiIMy flW l2S)ylgn tr9a=ate,e- ' t'ya7, S"i .GYP �tiy �.y`tu ,..7 BY: 40setnit y o SON' 1 sr id:S t .,,,,,-..,,..,42;,..,„, t YM�e f .ATTEST: tae nn; " �c .... cf .we ol # 't as ._APP 0 6.10 �T-PAISTO ,wf.. Iiei` Lee a eloetcn T "a mots . ffeerthl Attorney ... O istej ■i y�f y at i vote vote pA¶9 S.1 AY et �.r:M , 1965��gpwR ! 5.41.1.R& y�y� .a� 4 ilk44-4 tt/t 4 0 h.-+f .`44 YM a te.a 0�•-, .. i,t"4,i iyi ilr�K}�i444.r .4 r1.J4 ' 4 Affidavit of Publication A ` STATE OF COLORADO c N N �' -', a * ts" + ° County of Weld, ttrrr� v. v 'n,f. "`fix ,11 ' tr"T� + , '" f 1, Millette S. Clarkson of xyae�,, ;t r' 7, fr, "� (i.4., lltr•Ik4°rt said County of Weld, being duly sworn, say that I am 'rn�dr tt ' + - an advertising clerk of ' ' t"r `"' ' 't ? taint Mcoa `� THE GREELEY DAILY TRIBUNE and �"" "' .. yx r �. t THE GREELEY REPUBLICAN tikrti: W nen `� dr1 that the same is a daily newspaper of general M., •'ee ,e uw i*n*op an' °'"�' circulation and printed andpublished in the City of AM., w+r; .wM!�i ,Wp�dut(Pt'emMr at ttiepnvtatepm'titrobf a.d,PertSOS . Greeley, in said county and state; that the notice or thehcommie ereReviled mm�Hosppit ais At?),the-e Ir'of ceum advertisement, of which the annexed is a true copy, has tit" IaRaPeitedr:4" tfi Nit Pa ilarh '" been published in said daily newspaper for consecutive Senn fin NM`.yteepltel H °nu t"mirty (days) (�; that the notice was published in the MU), 'yam •"� 't"'P'x'1 ) regular and entire issue of every number of said WNtor tM ronwaaatit wain dm.units newspaper theperiod and time of publication of *tR f segitp raNNb ar me meltduring }'Son'.ctt�� 1^h W thetM t�uiNriss ' said notice, and in the newspaper proper and not in a Aurnanr etecta Now Coities ►vo ,$�id.°JornotowMthedr"°'nela net;. supplement thereof; that the first publication of said r f nos �>, a t espltal Bard has PP • e01t`Mm° ld rafter eft °^• notice was contained in the issue of said newspaper A -.1"E",'r�taatu,une..rpy�rwn,fbrarhwd>. d" bearing date ttthAlfiAapoolrpten pt into ilnpt 1�larp i to Y ins tit AvNwrltYvntp into a yryyitl NAM termin 0 NM d rR}ImilY7l he AuAuMMMM^)P.yt to hnm ; ?Ai thee�inliet1.1io0s a''OM "ilia►'a e°�«» Twenty-eighth tbnitdde,it leacenery that the day of Decleter A.D. 19 85 • :tl rteyoa.a len War Into sneWgroundient 4 ' , owe)wekthe typrdeld forthalaxnP and the last publication thereof; in the issue of said vrire, ►'dnarptStkienrr`end Wanowtii'MtMOMSis newspaper bearin date the Wenn o the Aumar W)t dtNt ere proleg fungi: he e t elm therewith the AeN ifi MI*' III afttlt bads alb fKlll lhi t tM Pecn•M 1 M b•• Twpnt -ei hth s .. *SO� M off Hospital a Y 9 *SOS and tit. oeonel Board it ,„ day of fl=renter t er A.D. 19 85[1l ,hie beenprnMNu1 to this meting the, , that said The Greeley Daily Tribune and The Greeley a ssertrinai,' oci4t.,$ciSroci Into between bloc v. atimaHnth410*Mind tiondttellsed Republican, has been published continuously and 1 04$$1$0.$14 a tow County,as lessor o; uninterruptedly during the period of at least six It anb:eeoarwthe�tmbyhy ,_' months next prior to the first issue thereof contained nee leaf and hett term said notice or advertisement above referred to;that said Vitang i i'tllshloia'a''yMailnNp-mop•inraimuerv'-.. of ' on Statement"), with.nepectto1M wehp offering by the newspaper has been admitted to the United States Authority of me Colored* Health Peeing* Authority Mena mails as second-class matter under the provisions of the Son R }aria Ilea(Net Colorado Median Cater Project) (th• ° Welt " Act of March 3, 1879, or any amendments thereof; and faket�tavnISR Ne 'RAM t "id?NOe , A raoHOderoof IMa v.rn. rryatbman G= that said newspaper is a daily newspaper duly qualified ant ,' Dlithlon BM MIbNyMis • for publishing legal notices and advertisements within ddow vim&is the meaning of the laws of the State of Colorado. �taialNi + 1',. WS roi p,> December 28,1985 tat=ego o.nee hYen Jalyl,Ilea,as Pert WM, 4 4, Total Charge: $138.24 yob has dsMnAhiif Mat'the • T in a,Me Me win see iii SO reining ?i AxeeItlittNnran Stile, '' C a one aw. tn: / 1�j'�L- .4" l ' ; rr AINM Slit v ++ µ, Advertising Clerktam ' th°t,t . ,. Subscribed and sworn to before me this gr ra e'tyw ring the 28 day of D2 renter AD. 19 85 ra. 'ii rrmdq, 0, , r w r by Ma= of canary Commie. ) iy colnI S-SIOn Expires ,ten. 14 198B it an tit/ matt on or t My/54m misstten expires �- r y t W Nhm ,., , -c. ,. i C '( ' ' �.Cr - C f__. - Notary Public Without such procaine,the OS •couldnot be considered and finally adapted so es to acorn a ale of the aeries tta Bonds during the week of Degen err SO4 I IS,In order to obtain a favorable. ran of intent on the Miles lief Bons. w.•..1•aNW W In 1aa•COM theohowiND H11IM 'N� I tiWrit: _. r w tm -N w,M �lqp 4 U�JaM �+�p J `.n �.+r•q�..�M "{'rr y. M'b n11M•or..?. ......P w. .1{... te, of any sin Mr* the lir° lita.••.n a •«ppr% 1. my toed een heresy aprto1n line'Whorls*Me •he AyhurI ac a JIM � /M.le fttstdrY lMr• to tthe . . tea•• I. ( ...' > tby its /. 0ndytt1o. ,M►Ns evire the la M unctletnw ltiNW tif�at terrMMra}�M''etnt nt�� with'Ni.. uMRr.io 1teer" incinamwlthth�et '`Awn^ flow.. !to till. t e pttad �. Ao1Y bend M« , • ....... Ni.c.a.11-0> iy. br AiOn Oro i'Yw le�ya,.n4� tas p ary to 01..n11 ell at fbabe Milts, [. storms ai e •0010 .-1414rY Ni. e QrdiMnee. MOWN. Neat Of lay cM«n• n emne telile eht*yoA *therm ho Itu a !r' Ae oun ho .G a Authority,nd me-County midneither funds nee he lam ha to the endemotion., IYnxctp4 r. In o NMI ofdo County will enbe a4W of tie 9 r•n.mptbn •q a� is fY u' ....-.TRW notice� »1' rx _ m Wi •may the Carry A4 d' to .r 34a °th'W"M 'W h RU«C rye, 'M,'.:."+if"+1, end N B M lf W 13 ' Y ' N.utwas,w ,. tt b In•V.ie a•1 = A¢ i 1 � �1 OLf1NADPi pan-storm t � » t 1 1 d tnli.11 t . APP EDA3T3}l411M: Cr:C.W.Kirby. GanMipbnx DenY{WntrAttarney , ay Gordon t Lacy, 5‘,rptokYarftembeN. G.mm««.ner TM Grwtey 6e 0 ittwns . Geml «nqr (*.camber a3.19R1. . 94 a(a rtl..":,W�4e (jkk \ ‘ OFFICE OF COUNTY ATTORNEY PHONE 1303)356-4000 EXT.4397 P.O. BOX 1948 1\1\ lilt GREELEY,COLORADO 80632 ik COLORADO December 18, 1985 Express Mail B87040962 Bernard A. Duco, Jr. Wood, Lucksinger & Epstein Attorneys at Law The Park in Houston Center Suite 1400 Houston, TX 77010 RE: North Colorado Medical Center Bonds Dear Bernie: Please find enclosed corrected Certificate of Excerpt of Minutes , Ordinance 141 , and Certificate of Encumbrancy. Also please find a certified Resolution of March 31 , 1944 . The Board did not make any substantive changes in the Ordinance although several additional typographical errors were discovered. Please call with any questions or advise me if any problem will arise in returning the documents by December 20 . Yo truly, Lee D. Morrison Assistant County Attorney LDM:ss Enc. 4 MARY ANN FEUERSTE IId OFFICE OF WELD COUNTY CLERK AND RECORDER DEPARTMENT OF CLERK TO BOARD • 4225 PHONE (3031 356-4000 EXT?{A28 Ce P.O. BOX 459 GREELEY, COLORADO 80631 COLORADO RE: Resolution dated March 31 , 1944 , In the Matter of Resolution Appointing Board of Trustees for Weld County Public Hospital (2 pages) STATE OF COLORADO ) ss COUNTY OF WELD I, Mary Ann Feuerstein, County Clerk and Ex-Officio Clerk of the Board of County Commissioners in and for the County of Weld, State of Colorado, do hereby certify that the above and foregoing Resolution is truly copied from the records of the proceedings of the Board of County Commissioners of said Weld County, now in my office. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County, at Greeley, Colorado, this 10th day of December, A.D. , 1985 . ‘17I0 0 s_ COUNTY CLERK ! BY: 'A4 C� i ?n t,o 2u ^ L Deputy County Cle k SEAL TGIF T^A1C �--=Y ci ,tO'F`b, 'grin COI . , rflat ^ IATErt March 1n,1 44. There betr.t no further business for the day, • recesses orde-ed taken to • future date, subset to call of th Chairman. ANN SPOMER CM'FTY CLERK "" �h / r( CHAIRNAR.��t IT .e. a<+.' .. -' f DEPUTY Greeley, Colorado, Friday, March 31,1944. Pursuant to adjournment of the 3Cth instant, the members of Courty Commis Commissioners of Weld County, Colorado, met •t 9 o'clock, A. M., nth the following. present, ' ANN sp01nR COUNTY CLERIC HON. A. WM. HANSON CO!O/ISSIONER HON. NOBLE S. SANDP.N CO'1VISSIONER HON. H. F. WARREN COUNISSIONER ICATHIEEN E. DAY DEPUTY ROBERT G. SMITH COUNTY ATTORNEY The minutes of the 30th instant, were read, and there being no corrections or ! objections thereto, ale were ordered approved as read. III VS MATTER OF AUTIT AND ALLOWANCE OF CLAIWSS The following claims were presented, examined, and on motion, same were allowed and warrants ordered drawn in payment therefor, as shown try the record of warrant allowance. WARRANTS NOS. AA- 22973 to AA- 22998 IRCLUSIVE. IN TIWi MATTER OF RFSOLtTTIOH APPOINTING BOARD 0? TRUSTEES FOR CD COUNTY PUBLIC HOSPITAL' q , WHEREAS, the Board of County Commissioners of Weld County Colorado, heretofore was presented with a petition asking for the appointment of a Public Hospital Board, for the establish- `seat of a public hospital in the Courty Seat of said County at Greeley, Colorado, and that said Board of County Commissioners turn to such Hospital Board the control and maintenance of the Weld oneB000ty ei loea thhee now beinar gconducted�luationebe levied for thethat maintenance annual andtax operation thereof, and t WHEanAS, aid Board of County Commissioners has canvassed said petition and has made • investigation and has found, and does hereby find and determine that said petition, presented as ; aforesaid, was signed by more than 500, to wit 632 resident free holders of Weld County, whowhomh r ears them 250, to wit, 358 are residents of said County outside the said City of Greeley, in city said hospital is located, and VH[REAS, saidBoerd of County Commissioners is now satisfied that it would be for the best interests of the people of said County to grant said petition, and being satisfied, has decided t . to erne* such public hospital board, to turn over to it the control of said hospital and to levy the tan aforesaid. t F SOW TnsSREFORE be it resolved by The Board of County Commissioners of Veld County r; 1 Celandetthat the BOARD OF TRUSTEES FOR WELD COUNTY PUBLIC POSP TAL, cots irg of seven Nabs 1 /Veef4ol. law be and it is herebycrected; 2 , ,. �I a • --,. 4*-“, Y. * ae 4.:rl*, a 4, fief the following masse persons Wang they are hereby arpointe Me; " ;" ed for the respective terse set opposite;theist respecttive nwi . g " of OBgoT coco4 = r •/ et meth second ?wader of Tannryt At D. 194S. 4O �r s, 4, t', , , J ^ & maw ea an see. .� unary, o rly, A. D. ��O• p ti s , •n�1 'r�. ,� �• y '1 .. se see. W •ay O anuary, A. D. 1947I . 44e 4 . 0It0. ' , of OMELET. COLORADO. • ,. y ice Irtil the second Tuesday of January, A. D. 1947. W. t ,ASit :F p 4:Ay.Ni'4 of g'irlift, mil, I t . ^.,1: 'ffle Mill the ,ec,rd ,esday of anuary,A b 154. -- ii ir.41 F r"VR of !rr S'R. CnICRA[0. to h:IJ Vi,a until the second Tuesday January, A. D. 1044. to hod oefi,e until the second Tuesday of January, A. D. 1449. Y. COLCRAfO. . PS IT FU'TH?R RcSOLVF.D, that the control and maintenance of said hospital now con- E 1o•ted by said Posrd of Courty Commissioners of Weld County, be and hereby is turned to said I. P :and of Tr_steea for Weld County Public Hospital, same to become effective April 15th, A. D. 1 444. I It shall be understood that said hospital includes and it is hereby defined as being the Ocscltal buildings, [rounds and equipment and auxilliary buildings now located in the city block mounded by loth Street on the South, and 11th Avenue on the West, in the City of Greeley, r.d also the building used as a "rest house" or isolation hospital, located at, or adjacent to Island Grove Park in said City but does not include the so-called County home formerly sometimes called the µ Island Grove Hospital, control and operation of which is and shall be retained by said Poard of County Commissioners. PE IT FURTHER RESOLVED, that the proceeds of the one mill levy heretofore made for the maintenance of said W.Id County Hospital and all income and earnings of said hospital are appropiated effective on April 15,1044 for the maintenance of said Hospital and for the care of all indigent patients who shall becertified or approved by the Weld County Welfare tepartment, for treatment or hospitalization therein, and all such moneys shall be deposited in the treasury of Weld County to the credit of said public hospiyal fund and shall be paid out only upon warrants ordered drawn by said Poard of County Commissioners upon sworn vouchers approved by said Hospital Poard. bald Wald County Public Hospital shall be for the benefit of the inhabitants of Weld County and of any person falling sick or being injured or maimed within tts limits, but every such inhabitant or person who is not a pauper shall pay to said board of hospital trustees or such officer as it shall designate for such county public hospital, a reasonable compensation for occupancy, nursing, laboratories care, medicine, or attendants, according to the rules and regul- ations prescribed by said board in order to render the use of said hospital of the greatest benefit to the greatest number. The arpropiation of the proceeds of said mill levy and of Raid other income or earnings to said board of Trustees for the purposes aforesaid, is and shall be strictly upon the condition that alllsueh indigent patients certified and approved as aforesaid, shall receive treatment and - hospitalization in said hospital ecording to their needs, as provided by law, and that said Board of Trustees shall make no rule or regulation in conflict with this condition ehd ahallnot deny admittance nor treatment to any such indigent patient and that the public welfare department, or such Board of County Commissioners, shall determine which of the inhabitants of said County are paupers. R IT FURTHER RESOLVED, that all unpaid bills and accounts now due or hereafter to become due to said County for or in connection with care or treatment at said hospital be and they are hereby assigned to slid Hospital Board and all said accounts receivable and all moneys now in the hands of the Treasurer of Weld County in the hospital operating fund be and hereby appropiated effective April 15,1944 for the payment of all indebtedness now owing by or to become due from said County aq account of ,aid Hospital and for the maintenance of said hospital and the care of said indigent patients, and that said Hospital Poard be and it is hereby authorized to pay and satisfy all such bills payable and to collect all mid accounts receivable by suit, or otherwise. Commissioner Warren offered the foregoing resolution and moved its adoption ed the cotton was duly seconded by C msissioner Sandell, and the resolutionadopted by the following votes AYEds A. WI, HAHSOH a HOPIS S. SAHTEH rr THE POARY.OI�C�COINISSIOHERS, WELD count, COLORADO. .rt DATEDs Sarah 31,1944. There being no further business for the day, a recess wapoddered taken to a future data, subject is call of LM Chairman. =r an W M COUNTS CLE1tR t Hello