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HomeMy WebLinkAboutRES 84-409 RESOLUTION APPROVING THE ISSUANCE OF BEAUMONT HEALTH FACILITIES DEVELOPMENT CORPORATION $500 , 000 HEALTH FACILITY DEVELOPMENT REVENUE BONDS , SERIES 1984-A (SOUTHEAST TEXAS SURGICAL CENTER) 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, on March 27 , 1984 , the Sponsoring Entity adopted that certain Resolution approving the issuance of Beaumont Health Facilities Development Corporation $2 ,500 , 000 Health Facility Development Revenue Bonds , .Series 1984 (Southeast Texas Surgical Center Health Facility) (the "Series 1984 Bonds") , and pursuant to that Resolution the Corporation issued the Series 1984 Bonds in order to finance a portion of the cost of a health facility which is owned by Southeast Texas Surgical Center, a Texas general partnership (the "User") , and which is situated within the boundaries of the Sponsoring Entity on the real estate described in Exhibit "A" hereto (the "Health Facility") ; and WHEREAS, Southeast Texas Surgical Center has made application for approval of the issuance of additional bonds in order to finance the completion of the Health Facility; and WHEREAS , the Corporation is willing 'to sell and issue its $500 , 000 Health Facility Development Revenue Bonds , Series 1984-A (Southeast Texas Surgical Center Health Facility) (the "Series 1984-A Bonds") by adopting a Resolution in a form to be prescribed by the Corporation (the "1984-A Resolution") ; and WHEREAS , Section 4 . 03 of the Act requires that at least fourteen (14) days prior to issuance of the Series 1984-A 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 -2- 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 Series 1984-A Bonds has been published in a newspaper of general circulation in the Sponsoring Entity on October 17 and 23 , 1984 , and written notice has also been posted continuously at City Hall since November 2 , 1984 , and pursuant to such notice , the Governing Body has this day held a public hearing for the purpose of considering the authorization and approval of the proposed Health Facility and the issuance of the Series 1984-A 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 Series 1984-A 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 completion of 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 completion of the Hea t Facility 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 completion of the Health Facility after having made the determinations and findings required by the Act. Section 4 . The issuance of the Series 1984-A Bonds and the form—0f-7084-A Resolution to be adopted by the Corpora- tion, pursuant to which the Series 1984-A 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. -3- 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 Southeast Texas Surgical Center, a Texas general partnership , (ii) the maximum aggregate face amount of the Series 1984-A Bonds to be issued with respect to the Health Facility is $500 , 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. 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 pur ose 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 Series 1984-A 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 Series 1984-A Bonds to finance completion of 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 erreein shall be applicable only if, as and to the extent that the Series 1984-A 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 -4- 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 Series 1984-A Bonds and approval of completion 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 Series 1984-A 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 Series 1984-A 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 6th day of Nov 1984 . 1 M or , City of Beaumont, Texas Exhibit "A" - Health Facility Description -5- 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 ambulatory surgery center which will consist of approximately 12 , 055 square feet and which will contain 4 operating rooms and an area for expansion into 2 additional operating rooms , (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 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 being more particularly described as follows , to wit: TRACT ONE BEING A 1. 39846 acre tract of land out of the David Brown Survey, Abstract 5 , Beaumont, Jefferson County, Texas , the said 1. 39846 acre tract of land being Lots 67 and 68 of College Acres Addition, and a portion of Lot or Block 31 of the Columbus Cartwright Subdivision No. 1, plat of College Acres Addition being recorded in Volume 5 , Page 34 , Map Records , Jefferson County, Texas , and plat of the said Columbus Cartwright Subdivision No. 1 being recorded in Volume 1 , Page 112 , Map Records , Jefferson County, Texas , the said 1 .39846 acre tract being described by metes and bounds as follows : BEGINNING at an iron pin which marks the northwest corner of said Lot 67 and the northeast corner of Lot 66 , College Acres Addition, said Beginning Corner being in the south right of way line of College Street, an 80 foot wide City of Beaumont right of way, said Beginning Corner being the northeast corner of a tract of land occupied by K-Mart Retail Store; THENCE North 89 deg. 51 min. 38 sec. East along the south right of way line of College Street and the north line of Lots 67 and 68 of College Acres Addition a distance of 147 . 05 feet to a point for corner at the northwest corner of a 0 . 44406 acre tract ingress and egress easement; THENCE in a southerly direction across said Lot 68 of College Acres Addition and a portion of Lot or Block 31 of the Columbus Cartwright Subdivision No. 1 the following courses and distances : South 00 deg. 02 min. 26 sec. East a distance of 180 . 00 feet; South 20 deg. 12 min. 20 sec . East a distance of 35 . 06 feet; South 00 deg. 02 min. 26 sec. East a distance of 147 . 05 feet; South 89 deg. 51 min. 58 sec. West a distance of 12 . 00 feet; South 00 deg. 02 min. 26 sec. East a distance of 42. 00 feet to a point for corner in the north line of a 3 . 17448 acre tract at the most southerly southwest corner of the said ingress and egress easement tract; THENCE South 89 deg. 51 min. 38 sec. West along the north line of the said 3 . 17448 acre tract a distance of 146 . 26 feet to a point for corner at the most westerly northwest corner of the said 3 . 17448 acre tract; THENCE North 00 deg. 19 min. 11 sec. West along the common line of Lot or Block 30 and 31 of Columbus Cartwright Sub- division No. 1 , at a distance of 51. 60 feet, cross the common line between the Columbus Cartwright Subdivision No. 1 and the College Acres Addition, at the northeast corner of the said Lot or Block 30 , and the northwest corner of Lot or Block 31 of the said Columbus Cartwright Subdivision No. 1 at the southwest corner of the aforementioned Lot 67 of College Acres Addition and the southeast corner of Lot 66 of the said College Acres Addition, and continuing along said course along the common line between Lots 66 and 67 of the said College- Acres Addition a total distance of 402. 00 feet to the PLACE OF BEGINNING. TRACT TWO BEING an undivided 1/2 interest in and to that 0. 44406 acre tract of land located partially in Lot 68 , College Acres Addition, and partially in Lot or Block 31, Columbus Cartwright Subdivision No. 1 , Beaumont , Jefferson County, -2- 1 Q v n Texas , plat of said College Acres Addition being recorded in Volume 5 , Page 34 , Map Records , Jefferson County, Texas , and plat of said Columbus Cartwright Subdivision No . 1 being recorded in Volume 1, Page 112 , Map Records , Jefferson County, Texas , the said easement extending southward from the south right of way line of College Street, a City of Beaumont publicly dedicated right of way to the north line of a 3. 17448 acre tract of land out of Lot or Block 31, Columbus Cartwright Subdivision No. 1 , the said tract being described by metes and bounds as follows : BEGINNING at an iron pin which marks the northeast corner of Lot 68 and the northwest corner of Lot 69 of the said College Acres Addition, said Beginning Corner being in the south right of way line of College .Street; THENCE South 00 deg. 02 min. 26 sec. East along the common line between Lots 68 and 69 and said lot line extended southwardly into Lot or Block 31 of the Columbus Cartwright Subdivision No. 1 a total distance of 402 . 00 feet to a point for corner at the internal northwest corner of the said 3 . 17448 acre tract; THENCE 89 deg. 51 min 38 sec. West parallel to the south right of way line of College Street and the north line of said Lot 68 along the westerly portion of the north line of the said 3. 17448 acre tract a distance of 53 . 00 feet to a point for corner; THENCE North 00 deg. 02 min. 26 sec. West 53 feet west of and parallel to the east line of the aforementioned Lot 68 a distance of 42. 00 feet to a point for corner; THENCE North 89 deg. 51 min. 38 sec. East parallel to the south right of way line of College Street and the north line of Lot 68 a distance of 12. 00 feet to a point for corner; THENCE North 00 deg. 02 min. 26 sec. West 41 feet west of and parallel to the east line of Lot 68 a distance of 147. 05 feet to a point for corner; THENCE North 20 deg. 12 min. 26 sec. West a distance of 35 . 06 feet to a point for corner; THENCE North 00 deg. 02 min. 26 sec. West 53 feet west of and parallel to the east line of Lot 68 a distance of 180. 00 feet to a point for corner in the north line of said Lot 68 and the south right of way line of College Street; -3- THENCE North 89 deg. 51 min. 38 sec. East along the north line of said Lot 68 and the south right of way line of College Street a distance of 53 . 00 feet to the PLACE OF BEGINNING. -4-