HomeMy WebLinkAbout992700.tiff ORDINANCE NO. 209-A
9( 3
IN THE MATTER OF AN EMERGENCY ORDINANCE WITH RESPECT TO NCMC, INC;
AMENDING ORDINANCE NO. 209; RATIFYING AND CONFIRMING THE FORM OF
CERTAIN DOCUMENTS IN CONNECTION THEREWITH; AND ALSO MAKING OTHER
PROVISIONS IN CONNECTION WITH THE FOREGOING
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF
WELD, STATE OF COLORADO:
WHEREAS, the Board of County Commissioners of the County of Weld, State of
Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with
the authority of administering the affairs of Weld County, Colorado, and
WHEREAS, Weld County, Colorado (the "County") is a home rule county organized and
existing under the Constitution and the laws of the State of Colorado, and
WHEREAS, under the provisions of Title 25, Article 3, Part 3 of the Colorado Revised
Statutes, entitled "County Hospitals, Establishment," the Board of County Commissioners (the
"Board") of the County established a body corporate under the name of"Board of Trustees for
Weld County General Hospital," now known as the Board of Trustees for North Colorado
Medical Center (the "Hospital"), which operates the North Colorado Medical Center (the
"Hospital Facilities") located on land owned by the County, and
WHEREAS, pursuant to Ordinance No. 209 adopted and approved by the Board on
August 25, 1999, the Board approved certain financing documents in connection with the
issuance of bonds (the "Bonds") by the Colorado Health Facilities Authority (the "Authority"),
proceeds of which are to be used at the Hospital Facilities, and
WHEREAS, in Ordinance No. 209, the Board approved the leasing by the County of
certain land owned by NCMC, Inc. (the "Corporation") pursuant to a ground lease (the "NCMC
Ground Lease") between the Corporation, as lessor, and the County, as lessee, which land was
to be further leased by the County to the Authority pursuant to a Second Supplemental Ground
Lease, and
WHEREAS, the land which was to be the subject of the NCMC Ground Lease is no
longer being financed with the proceeds of the Bonds, and
WHEREAS, it is necessary to amend Ordinance No. 209 to reflect the elimination of the
NCMC Ground Lease, and
WHEREAS, the Board desires to ratify the present forms of certain documents
presented to it in connection with Ordinance No. 209, and
111111111111111111 11111 111111 III 1111111 111 11111 IIII IIII 992700
ORD209
2732963 11/15/1999 04:37P JA Suki Tsukamoto
1 of 3 R 0.00 D 0.00 Weld County CO
RE: ORDINANCE NO. 209-A
PAGE 2
WHEREAS, there have been presented to the Board at this meeting the proposed forms
of the following documents:
(a) Fifth Supplemental Indenture;
(b) Fifth Supplemental Lease;
(c) Amendment to Sublease; and
(d) Second Supplemental Ground Lease.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of the
County of Weld, State of Colorado, that this is an Emergency Ordinance which shall be
effective upon adoption as provided in Article III, Section 3-14, of the County's Home Rule
Charter. Public notice of this Ordinance shall be given forthwith. Without such procedure, the
Ordinance could not be considered and finally adopted so as to accommodate a sale and
closing of the Series 1999 Bonds when interest rates are most favorable.
Section 1. Amendment of Ordinance No. 209. Ordinance No. 209 is hereby
amended by deleting therefrom all references to the NCMC Ground Lease and ancillary
matters.
Section 2. Approval and Ratification of Other Documents. The forms of the Fifth
Supplemental Lease, the Second Supplemental Ground Lease and the Amendment to
Sublease are hereby approved in substantially the forms now before this meeting, with such
changes therein as shall be approved by the officers of the Hospital or the County, as the case
may be, executing the same, with such execution to constitute conclusive evidence of their
approval of any such changes or revisions therein from the forms now before this meeting.
Section 3. Ratification of Other Provisions of Ordinance No. 209. Except for the
amendment of Ordinance No. 209 made by Section 1 hereof, all other provisions contained in
Ordinance No. 209 are hereby ratified and confirmed.
Section 4. Public Notice. Public notice of the adoption of this Emergency Ordinance
shall forthwith be given by the Clerk to the Board after passage.
BE IT FURTHER ORDAINED by the Board of County Commissioners of Weld County,
Colorado that pursuant to Article III, Section 3-14(c), of the Weld County Home Rule Charter,
the Board of County Commissioners finds, and hereby declares, this Ordinance to be an
Emergency Ordinance as sale and closing on the Colorado Health Facilities Authority Hospital
Improvement Revenue Bonds (NCMC Inc. Project), Series 1999, are scheduled to take place
as soon as reasonably possible and its immediate passage is necessary to obtain a favorable
interest rate and credit enhancement on the Series 1999 Bonds and is necessary for the
preservation and protection of the public health and welfare.
11111111111111111 1111 111111 III 1111111 III 11111 IIII IIII 992700
ORD209
2732963 11/15/1999 04:37P JA Suki Tsukamoto
2 of 3 R 0.00 D 0.00 Weld County CO
RE: ORDINANCE NO. 209-A
PAGE 3
BE IT FURTHER ORDAINED by the Board if any section, subsection, paragraph,
sentence, clause, or phrase of this Ordinance is for any reason held or decided to be
unconstitutional, such decision shall not affect the validity of the remaining portions hereof. The
Board of County Commissioners hereby declares that it would have enacted this Ordinance in
each and every section, subsection, paragraph, sentence, clause, and phrase thereof
irrespective of the fact that any one or more sections, subsections, paragraphs, sentences,
clauses, or phrases might be declared to be unconstitutional or invalid.
The above and foregoing Ordinance Number 209-A was, on motion duly made and
seconded, adopted by the following vote on the 8th day of November, A. D., 1999.
BOARD OF COUNTY COMMISSIONERS
LD COUNTY, OLO DO
ATTEST:
4/
. al K.K. Hall, Chair
Weld County Clerk to the.=•arnci
e
arbar J. Kirkmeyer, o-Tem
BY: ariti.
Deputy Clerk to the Bo Ju
- __r,_ r Georg ter
APPROVED AS TO FORM: /''
*Attorney l
Glenn Vaad
Read and Approved: November 8, 1999
Publication: November 11, 1999
Effective: November 8, 1999
992700
11111111111111111111111111111 III 1111111 III 11111 IIII IIII ORD209
2732963 11/15/1999 04:37P JA Suki Tsukamoto
3 of 3 R 0.00 D 0.00 Weld County CO
Hello