HomeMy WebLinkAboutRES 84-096 ��- 9"/,
RESOLUTION APPROVING THE ISSUANCE OF
BEAUMONT HEALTH FACILITIES DEVELOPMENT CORPORATION
$9 , 750 ,000 HEALTH FACILITY DEVELOPMENT REVENUE BONDS,
SERIES 1984
INTERMEDIATE MEDICAL CARE CENTER OF BEAUMONT, LTD. ,
HEALTH FACILITY
WHEREAS , by a duly adopted resolution of the City
Council (the "Governing Body") of the City of Beaumont,
Texas (the "Sponsoring Entity") , the Governing Body
authorized and approved the creation of the Beaumont Health
Facilities Development Corporation (the "Corporation") as a
nonprofit corporation under the provisions of the Health
Facilities Development Corporation Act, as amended,
Art. 1528] of Vernon' s Annotated Texas Civil Statutes (the
"Act") ; and
WHEREAS, the Corporation on behalf of the Sponsoring
Entity is empowered to finance certain costs associated with
acquisition, construction, improvement, repair, renovation
and remodeling of certain health facilities in order to
improve the adequacy, cost and accessibility of health care,
research and education within the State of Texas and to
assist in the maintenance of the public health; and
WHEREAS , the definition of "health facility" in the Act
includes any real, personal or mixed property, or any
interest therein, the financing, refinancing, acquiring,
providing, constructing, enlarging, remodeling, renovating,
improvement, furnishing or equipping of which is found by
the Board of Directors of the Corporation to be required,
necessary or convenient for health care, research and
education regardless of whether such property is in
existence or is to be provided after the making of such
finding; and
WHEREAS, Intermediate Medical Care Center of Beaumont,
Ltd. (the "User") has made application for approval of a
specific health facility to be constructed within the
boundaries of the Sponsoring Entity and to consist, among
other things , of the site and facilities described in the
Health Facility Description attached hereto as Exhibit "A"
(the "Health Facility") ; and
WHEREAS , the Corporation desires to sell and to provide
for the issuance and sale of its $9 , 750 , 000 Health Facility
Development Revenue Bonds , Series 1984 (Intermediate Medical
Care Center of Beaumont , Ltd. , Health Facility) (the
"Bonds") by adopting a Resolution in a form to be prescribed
by the Corporation (the "Resolution") ; and
WHEREAS, Section 4 . 03 of the Act requires that at least
fourteen (14) days prior to issuance of the Bonds , the
Corporation shall file with the Governing Body of the
Sponsoring Entity a full and complete description of the
Health Facility, including an explanation of the projected
costs of the Health Facility, the necessity for the Health
Facility, and the name of the User; and
WHEREAS, as a prerequisite to the exemption from
federal income tax of interest on obligations issued
pursuant to Section 103(b) (6) of the Internal Revenue Code
of 1954 , as amended (the "Code") , Section 103(k) of the Code
provides that such issue may be approved by the applicable
elected representative of the governmental unit on whose
behalf such obligations are issued and by each governmental
jurisdiction over the area in which any facility to be
financed from the proceeds of such issue is located (except
that if more than one governmental unit has jurisdiction
over the entire area in which such facility is located, only
one governmental unit need approve the issue) , only after a
public hearing has been held; and
WHEREAS, the Sponsoring Entity is a "governmental unit"
within the meaning of the Code; and
WHEREAS, as the elected legislative body of the
governmental unit within which the entire Health Facility is
located, the Governing Body is an "applicable elected
representative" of the governmental unit with specific
authority within the meaning of Section 103(k) of the Code;
and
WHEREAS, the Health Facility is located entirely within
the geographic jurisdiction of the Sponsoring Entity, thus
necessitating only one public hearing and approval pursuant
to Section 103 (k) of the Code; and
WHEREAS , in compliance with Section 103(k) of the Code
and the Open Meetings Law, as amended, Art. 6252-17 of
Vernon' s Annotated Texas Civil Statutes , notice in writing
of a public hearing to approve issuance of the Bonds has
been published in a newspaper of general circulation in the
Sponsoring Entity on March 3 , 10 , and 17 , 1984 , and written
notice has also been posted continuously at City Hall since
March 16 , 1984 , and pursuant to such notice, the Governing
Body has this day held a public hearing for the purpose of
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considering the authorization and approval of the proposed
Health Facility and the issuance of the Bonds ; and
WHEREAS , this public hearing has been conducted in
order to provide an opportunity for persons with differing
views on both the authorization and issuance of the Bonds
and the location and nature of the Health Facility to be
heard, and in order to comply with Section 103(k) of the
Code and the Act;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF BEAUMONT, TEXAS , THAT:
Section 1 . The Governing Body hereby finds and
determines— tit the Health Facility proposed by the User
conforms with the overall objectives , authorizations , and
limitations specified in the Act.
Section 2 . The Governing Body finds that the proposed
Health FacaliEy to be financed will significantly contribute
to the fulfillment of the overall development objectives of
the Sponsoring Entity, and that it is in furtherance of the
public purposes of the Act to assist in the maintenance of
the public health.
Section 3 . The Governing Body hereby finds and
determines that the Corporation has filed and deposited with
the Governing Body all of the information required by
Section 4 . 03 of the Act, and on such basis hereby approves
the Health Facility after having made the determinations and
findings required by the Act.
Section 4 . The issuance of the Bonds and the form of
Resolution to be adopted by the Corporation, pursuant to
which the Bonds are to be sold and issued, are hereby
approved by the Governing Body on behalf of the Sponsoring
Entity as required by the Act and the Code.
Section 5 . As a part of and within the scope of the
approvals granted herein, the Governing Body hereby finds
and determines that (i) the initial owner and user of the
Health Facility is Intermediate Medical Care Center of
Beaumont , Ltd. , a Texas general partnership , (ii) the
maximum aggregate face amount of the Bonds to be issued with
respect to the Health Facility is $9, 750 , 000 and (iii) the
Health Facility Description attached hereto as Exhibit "A"
includes a general, functional description and a general
description of the location of the Health Facility as
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required by the Code and the regulations promulgated
thereunder.
Section 6 . This resolution is adopted for the purpose
of satisfy i*--n—g the conditions and requirements of the Act.
This resolution is also adopted for the purpose of
satisfying the conditions and requirements of Section 103 of
the Code , the regulations promulgated thereunder, and any
requirements for a public hearing and approval by an elected
official or legislature which may be imposed by applicable
law prior to the issuance of the Bonds , and for the benefit
of the Corporation, the Sponsoring Entity, the Governing
Body, and the owners or holders from time to time of the
obligations of the Corporation and all other interested
persons .
Section 7 . The Governing Body hereby finds and
determines tFat the issuance of the Bonds to finance the
Health Facility will accomplish the specific public purpose
for which the Corporation was created.
Section 8. The approvals of the Governing Body as set
forth- ei rein shall be applicable only if, as and to the
extent that the Bonds are issued not more than one year from
the date hereof.
Section 9 . The Governing Body has considered evidence
of the publication and posting of notice of this meeting and
public hearing and officially finds , determines , recites ,
and declares that sufficient written and reasonable public
notice of the date , hour and place of this meeting and
public hearing and of the subject matter of this resolution,
including the general, functional description of the Health
Facility and the general description of its location, was
published in a newspaper of general circulation in the
Sponsoring Entity not less than fourteen (14) days prior to
this meeting and public hearing, and thereafter weekly, and
was also posted on a bulletin board at a place convenient to
the public in the City Hall of the Governmental Unit (within
the meaning of Section 103 of the Code) not less than
seventy-two (72) hours preceding the convening of this
meeting and public hearing; that such place of posting was
readily accessible to the general public at all times from
the time of posting until the convening of such meeting and
public hearing; that such meeting and public hearing were
open to the public as required by law at all times during
which this resolution and the subject matter hereof were
discussed, considered, and formally acted upon; that the
giving of notice in the manner provided above was reasonably
designed to apprise residents of the Sponsoring Entity of
the proposed authorization and issuance of the Bonds and
approval of the Health Facility; that the meeting and public
hearing were conducted in a manner that provided a
reasonable opportunity for persons with differing views on
the issuance of the Bonds and the nature and location of the
Health Facility to be heard; and that this meeting and
public hearing were held at a time and place convenient for
persons affected by the financing of the Health Facility and
issuance of the Bonds ; and that the foregoing notice and
hearing complied with the Open Meeting Law, as amended,
Art. 6252-17 of Vernon' s Annotated Texas Civil Statutes , and
Section 103 (k) of the Code and the regulations thereunder.
PASSED AND APPROVED this 20th day of Marc k, 1984.
b ^"Y
Ma r, y of Beaumont,
Exhibit "A" - Health Facility Description
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EXHIBIT "A"
Health Facility
The Health Facility to be financed with the proceeds of the
Bonds will involve (i) acquisition, construction and
improvement of a free-standing outpatient intermediate care
center which will consist of approximately 79, 000 square
feet and which will contain approximately 102 beds , (ii)
acquisition of a site for the Health Facility, and (iii)
acquisition, construction and installation of various items
of equipment , facilities and furnishings which are func-
tionally related and subordinate to the foregoing.
Site of Health Facility
All or part of those certain tracts or parcels of land
located within the Noah Tevis Survey, A-52 , in the City of
Beaumont, Jefferson County, Texas , and consisting of two (2)
tracts of land more particularly described as follows , to
wit:
TRACT ONE:
All that certain tract or parcel of land located in
the City of Beaumont , Jefferson County, Texas ,
lying on the South side of Hollywood Avenue, East
of Eleventh Street , and being a part of the Charles
Morgan tract out of the Noah Tevis Survey, contain-
ing in area 12.394 acres of land, said tract being
more particularly described in that certain deed
dated February, 1956 , and recorded in Volume 1013 ,
page 1 et seq. , Deed Records of Jefferson County,
Texas .
TRACT TWO:
All that certain 0. 2524 acre (10 , 996 square feet)
tract of land out of the Noah Tevis Survey,
Abstract 52 , Beaumont, Jefferson County, Texas ,
being out of and a part of that certain tract of
land conveyed by George Richardson and wife, to
A. A. Bailey by deed dated January 16 , 1919 and
recorded in Volume 235 , Page 304 of the Deed
Records of Jefferson County, Texas .
BEGINNING at an iron rod marking the northeast
corner of the 0 . 2524 acre tract of land herein
described, said corner being located South
0° 07 ' East, 23. 67 feet from the northeast corner
of the aforementioned A. A. Bailey tract;
THENCE South 0° 07 ' East along the east line of
said A. A. Bailey tract and along the east line of
the 0 . 2524 acre tract , a distance of 108. 39 feet to
an iron rod marking the southeast corner of said
tracts ;
THENCE South 87° 54 ' West along the south line of
said A. A. Bailey tract and the 0. 2524 acre tract,
a distance of 100 . 0 feet to an iron rod for the
southwest corner of said tracts ;
THENCE North 0° 07 ' West along the west line of
said tracts , a distance of 111. 53 feet to an iron
rod for the northwest corner of the 0 . 2524 acre
tract , said corner being located South 0° 07 ' East,
23. 67 feet from the northwest corner of said
A. A. Bailey tract;
THENCE North 89° 42 ' East along the north line of
the 0 . 2524 acre tract, being parallel to and 23 . 67
feet south of the north line of said A. A. Bailey
tract, a distance of 100. 0 feet to the PLACE OF
BEGINNING, containing in area 0 .2524 acres (10 , 996
square feet) of land, more or less .
AND BEING the same identical tract of land
reflected on the tax rolls of the City of Beaumont ,
as Tract 51, Plat C-6 , N.Tevis Survey, and also
being that same identical tract of land described
in the Plaintiff' s Original Petition, citation by
publication and judgment in that certain Cause
#93102 styled the City of Beaumont vs . Serna
Strider and Ellis Wilson, said suit being a suit
for delinquent taxes , the judgment having been
entered January 21 , 1975 , and having been sold
under order of sale by the Sheriff of Jefferson
County, to the City of Beaumont by Deed recorded in
Vol. 1872 , Page 254 of the Deed Records of
Jefferson County, Texas , to which tax record and
tax suit and the papers thereof reference is here
made for all purposes .
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