Loading...
HomeMy WebLinkAboutRES 84-103 RESOLUTION APPROVING THE ISSUANCE OF BEAUMONT HEALTH FACILITIES DEVELOPMENT CORPORATION $3 , 330 , 000 HEALTH FACILITY DEVELOPMENT REVENUE BONDS, SERIES 1984 (THE EYE CLINIC 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. 1528j 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, Southeast Texas Surgical Center (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 $3 ,330 , 000 Health Facility Development Revenue Bonds , Series 1984 (The Eye Clinic 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 , 17 and 24 , 1984 , and written notice has also been posted continuously at City Hall since March 23 , 1984 , and pursuant to such notice , the Governing Body has this day held a public hearing for the -2- 7 -/03 purpose of 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 that 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 Fa— city 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 The Eye Clinic, a Texas general partnership , (ii) the maximum aggregate face amount of the Bonds to be issued with respect to the Health Facility is $3 ,330 , 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 required by the Code and the regulations promulgated thereunder. -3- Section 6 . This resolution is adopted for the purpose of satisfying 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 that 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 -ierein 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 pub ration 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 -4- ��'/off 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 2 th da of March, 1984 . MajKor, City ot B mont, Texas— Exhibit "A" - Health Facility Description L// / -5- 07 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 eye clinic for the practice of ophthalmology which will consist of approximately 23 , 400 square feet , (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 functionally related and subordinate to the foregoing. Site of Health Facility All or part of those certain tracts or parcels of land located within an area bounded by Milam Street to the South, College Street to the North, and Eighth Street to the West, 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: BEING a 6 . 00725 acre tract of land (261, 676 square feet) out of the David Brown Survey, Abstract 5 , Beaumont, Jefferson County, Texas , and being Lots 67 and 68 of the College Acres Addition, plat of which is recorded in Volume 5 , Page 34 , Map Records , Jefferson County, Texas , and being out of the easterly portion of Block 31 of the Columbus Cartwright Subdivision No. 1 , plat of which is recorded in Volume 1, Page 112 , Map Records , Jefferson County, Texas , the said 6. 00725 acre tract of land being described by metes and bounds as follows : BEGINNING at an iron pin which marks the northwest corner of Lot 67 and the northeast corner of Lot 66 of the said College Acres Addition, the said Beginning Corner being in the south right of way line of College Street, and being the northeast corner of a 11. 79 acre tract of land heretofore conveyed by Clark-Beaumont Development Company to the Life Insurance Company of Virginia as recorded in Volume 1594 , Page 306 , Deed Records , Jefferson County, Texas ; THENCE North 89 deg. 51 min. 38 sec . East along the south right of way line of College Street and along the north line of Lots 67 and 68 a distance of 200 . 06 feet to an iron pin for corner at the northeast corner of Lot 68 and the northwest corner of Lot 69 of said College Acres Addition; THENCE South 00 deg. 12 min. 26 sec. East along the common line between Lots 68 and 69 a distance of 350.81 feet to an iron pipe for corner at the Southeast corner of Lot 68 and the southwest corner of Lot 69 and the north line of Block 31 of the said Columbus Cartwright Subdivision No. 1; THENCE North 89 deg. 43 min. 12 sec. East along the south line of Lot 69 of College Acres Addition and the north line of Block 31 of the Columbus Cartwright Subdivision No. 1 a distance of 119. 20 feet to an iron rod for corner at the northeast corner of the said Block 31 of the Columbus Cartwright Subdivision No. 1 and the southeast corner of Lot 69 of the College Acres Addition in the west right of way line of a 60 foot wide unnamed and undeveloped street right of way; THENCE South 00 deg. 09 min. 51 sec. East along the east line of Block 31 of the Columbus Cartwright Subdivision No . 1 and the west line of the said 60 foot street right of way a distance of 467 .38 feet to an iron pipe for corner at the southeast corner of said Block 31 and the north right of way line of Milam Street; THENCE South 89 deg. 54 min. 10 sec. West along the south line of said Block 31 of the Columbus Cartwright Subdivision No. 1 and the north right of way line of Milam Street a distance of 470 . 00 feet to an iron pipe for corner at the most southerly southeast corner of the aforementioned Life Insurance Company of Virginia 11. 79 acre tract of land; THENCE North 00 deg. 03 min. 35 sec. West along the southern portion of the east line of the said 11. 79 acre tract , and along the east face of the K-Mart Building a distance of 280 . 00 feet to a mark in the concrete sidewalk near the northeast corner of the said building at an internal corner in the said 11. 79 acre tract; -2- THENCE North 87 deg. 07 min. 58 sec. East continu- ing along the easterly portion of the south line of the said 11. 79 acre tract a distance of 151.58 feet to an iron pipe for corner at a second internal corner in the east line of the 11. 79 acre tract of land near the southeast corner of the K-Mart Store asphalt parking lot; THENCE North 00 deg. 19 min. 11 sec. West continu- ing along the northerly portion of the east line of the said 11 . 79 acre tract of land just east of the K-Mart Store asphalt parking lot a distance of 530. 34 feet to the PLACE OF BEGINNING. TRACT TWO Being a tract of land out of the David Brown Survey, Abstract 5 , Beaumont , Jefferson County, Texas , and being all or a portion of Lots 65 and 66 of the College Acres Addition, plat of which is recorded in Volume 5 , Page 34 , Map Records , Jefferson County, Texas , and being out of the easterly portion of Block 31 of the Columbus Cartwright Subdivision No. 1 , plat of which is recorded in Volume 1 , Page 112 , Map Records , Jefferson County, Texas . -3-