HomeMy WebLinkAbout993072.tiff ORDINANCE NO. 209-A
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
993072
ORD209
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 Ill, 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.
992700
ORD209
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
WELD COUNTY, COLORADO
ATTEST:
Dale K. Hall, Chair
Weld County Clerk to the Board
Barbara J. Kirkmeyer, Pro-Tem
BY:
Deputy Clerk to the Board
George E. Baxter
APPROVED AS TO FORM:
M. J. Geile
County Attorney
Glenn Vaad
Read and Approved: November 8, 1999
Publication: November 11, 1999
Effective: November 8, 1999
992700
ORD209
ORDINANCE NO. 209-A
IN THE MATTER OF AN
INC;ATH SET fYING AND
THE FORM OF
STATE OF COLORADO ) µp E"TS TIN
it
ITHER
) S.S. WITH E F LION
COUNTY OF WELD ) BE if ORDAINED BY THE Mpy�
BOARD OF COUNTHE
TY BpIEyYaIRaeA Mar aa�aaryaeerp,
COUNTY OF COMMONERS OF STATEF a Gn. ,era +a tlizat'atoIdt shit)
COLORADO: be ym admen r psi*
Ruth Pelton-Roby, as manager of Pelton Publishing WHEREAS, the bewty"ys He , :»F:,
Eoard of County Canmiasioners naeaa a K
Company I.LC, being duly sown, states that it is publisher a he county doe want,Saes s
Colorado,pursuant to Colorado a a m
of the South Weld Sun, a weekly newspaper published in atatpte and the Weld Cnty, a r °mrmameewa
that Home Rule Chat ed beat rem an man
Keenesburg in said County and State; said newspaper with the authorityY of
adninistaring the ears'a Weld elation 1.
has a general circulation in said County and has been County,Colorado,and Nw
continuously and uninterruptedly published therein,during 4" WHEREAS, Weld was 09 I Well
P Y County,Colorado(the'Count') memos to e. Dmmr pun
a period of at least fifty-two consecutive weeks prior to the is a heave rule county organized and nary magma.
and existing under the
first publication of the annexed notice; that said newspaper see a Colo an ad of ',andR.•I�Ic abe of
under mM
is a newspaper within the meaning of the act of the General WHEREAS, F
the provisions of Title 25.Mich a
Assembly of the State of Colorado, entitled "An Act to 3, 3 of the Colorado stay apaewa n �n
F Revised Statutes, entitled ei sae aW maim cop
regulate the priniin of legal notices and advertisements, County Hospiuu, R:� M a l
Eoet4y aCoew die Sold a a de me me be,
and amendments thereto; that the notice of which the caunry coaminianxa far me, as r
annexed is a printed copy taken from said newspaper, was em.r) w the cpNnty n *ea**.
_ under
at IRad a pope caporaof ��r ar theirapparel a ea
rater In name of 'Board of n reviews aari'�'in ma
published in said newspaper, and in the regular and entire Tnwea far Weld County mbar neNn Imam
toll ee.forwnaa Section a
issue of every number thereof, once a week for _t__ the 4usnowkn .a dDaa,h �
Madre) Cerra ONe a,Ip.100. Islas
successive weeks; that said notice was so published in Bald j, which en` Oil ore d osypeennce�,Na ass
newspaper proper and not in any supplement thereof, and (the FecMiMtiw)1acaled hot
.at n' Oeeeoe No.
that the first publication of said notice as aforesaid, was on said s the Coos t�cue, Pelee ant Public
the i L day of N c c t ___,1999 and the last On WHEREAS r eta Uuiance'ya0miw'a adoenon
ferment lo Ordinance No 209 forlei,te elan W me CWt to the
_ day of_ ._ _ . 1 999 addled and approved Iv EM e.,dhs passage
Booed on August 25. 1992 tM
PELTQN PUBLISHING COMPANY LLC mBada iomerdiorthwp�ha» D IT FURTTHE'ER
9 i)v22 aesr yarqe ofe bonds Health Facilities
Mona') of cow County
I/� by Auth*fy (the 'Authority')Faciiµaa a,nam to Arad* III'
BY. Au dlAy (thetobes ;as —re 6,:,::-...".d• onar d
, .Sofvstidt are to be use ulu,ty Cm,naimwn µrd, —
a eta Huapal Facilities,and deduce aria 0.drye b be
Ruth Pelton-Roby, Manager «'iXNBNT rues,
a ale and
WHEREAS in me Colorw Neat
Subscribed and
�sworn toDbefore me this iz_der of a°0d.?.�a Na 209, the 6eae F« Amu nemny Haapi yily�'(fi r f�/ �-r-tL -- - --y- ^""^',�,'�o a ginthe u`i lease(the "` ro'rtcrs2.to *O Not la g
fgt..) , 1999 /, bolo,a pround lean(M•) bu,om aaryy la amen
iv. nasal roes ur ,raR
�-S Ground Las lessor,and Dons da ore seas tsad
Ifie IM,as lessor,and was am h piam,y Sr a,a
__— ._ as lessee. which onewnotton ,w women,. a me
land yen to be further lased by Poet help end wedue
Notary Public the canny to the Authority
kt LI (G �4n ., I-2( 3 _r,,{L pursuant to a Second BE IT FURTHER
Suppemental Ground Lean.- wake ORDAINED me,word guadaoeeoh
L C or
V. n ant aerntete, cim, pus* el min
Ordinance is la.WHEREAS, the Meals to be nm,anl�mna'I',ansure
., landof the
wlich was tomthe subject ' mod Am me adm any
.. j t `M.i j' longertbeinC Ground g linancedLe�isthe Road
ofof .`'°M'e't wmi'm'ld aw"
proceeds of the Bonds,and Ms OSneme n «m and w.ry
_.. .....eeeMa aupvMon, pmaowph.
,. WHEREAS, it is sen,n, dams, ad plow
1tlFxnwell
necessary 10 amend Ordinance naaad la^a of fad mot any one or
No 209 to reflect the elimination aeetb^a,31"•000^9 paragraphs
- of the NCMC Ground Lease.ant tone, dames, or phrases might
n Ndduad to be alre,undosi o,
WHEREAS, the Ta above d
' Board desires to ratify the foa9c'ryo^ ON•Ths Mover 'A
preset" formsrem to certain a, nroean ddy mbe and
documents presented to it in seconds, edeatl by the p
connection with Ordinance No. vote fa 0n day of November.
209.and A.0..,.1sW.
R•ad and Approved
November 5.. 1999
WHEREAS, there
have beenpresented 0 the P Er tl, 1p99
Board at this meeting the
proposed forms of the following ENehw.
documents November 5, 1999 1
( a )
Fifth Supplemental
Indenture.
( b )
Fifth Supplemental
Lease. .
( cl
Amendment to
Sublease.and ( d )
S. e c o n d
Supplemental Ground Lease.
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