HomeMy WebLinkAbout1983-10-13 - Special City Councilo05
MINUTES OF THE CITY COUNCIL
OF THE
CITY OF STEPHENVILLE, TEXAS, HELD ON
THURSDAY, OCTOBER 13, 1983 - 7:00 P.M.
A special meeting of the City Council of the City of Stephenville, Texas, was
called to order by the Mayor with the following members present:
Mayor Joe F. Cummings Councilmembers: James L. McSwain
Councilmembers: Floyd Gordon Ray Reynolds
John Pollan David Clayton
G. A. Swindle
and with the following members absent: Councilmen Charles Riggins and William G. Brede.
City Administrator Kurt J. Ackermann, City Secretary Joyce Pemberton, City
Attorney Joseph Chandler, Director of Finance Charlene Young, Chief of Police Doug
Conner, Fire Chief Larry May, Director of Utilities Danny Johnson, Purchasing Agent
Betty Chew, Jack Gray, Brad Allen, members of the press and many others.were present.
ITEM I: CONSIDER PROPOSAL BY MR. BRAD ALLEN TO FINANCE BUILDING PROJECT OF
Mayor Cummings commented that this item is not a zoning project as the property
in question is already zoned properly (R -2). The State of Texas has determined that
a health facility of the type Mr. Allen is proposing is R -2, therefore, zoning is riot
an issue.
Mr. Jack Gray of Schneider, Bernet, Hickman, Inc., financial consultants for the
City of Stephenville, addressed the Council requesting approval of a resolution for
the issuance of Stephenville Health Facilities Development Corporation bonds in the
amount of $585,000.for the Rock House Project proposed by Mr. J. Brad Allen. Mr. Gray
added that on June 2, 1983 the City Council of the City of Stephenville approved a
resolution inducing the J. Brad Allen Rock House Project to be qualified or preliminary
approval to issue bonds on their behalf for construction of this facility. The facilities
proposed are for a add-on to existing facilities.
Mr. Gray read his letter of recommendation, dated 10/04/83, to the Council which
stated in part that the proposed Rock House, Inc. Project does qualify under the
Stephenville Health Facilities Development Corporation for the bonds being requested.
Mr. Gray advised the Council that he had reviewed all bond documents and it is his
Opinion and recommendation that the Stephenville Health Facility Development Corp.
should proceed with the issuance of the bonds and the Mayor and City Council of the City
of Stephenville should approve same.
Mr. Gray further advised the Council that what they would be doing, should they
approve the resolution, would be approving the action taken by the Stephenville Health
Facilities Development Corp. on their resolution of October 4, 1983 at a public hearing
(which no one of the public attended).
Mayor Cummings opened the floor for a public hearing.
The following persons addressed the Council opposing said resolution
Mr. Mike Bills, Mrs. Thresa Mulloy, Mr. Garland Sargent, and Mr. Bill Evans.
The following persons addressed the Council in 'favor of said resolution:
Mr. Brad Allen, Mr. Dwain Harris, Mrs. Barbara Coan, Mr. Randy Cripps, Mr. Jimmy
Blackburn, Mr. Bill Bane, J, Biler, Norma Reichter, Sheila Horn, and Cindy Tate.
After more discussion, Councilman McSwain moved passage and adoption of a
resolution approving the issuance by Stephenville Health Facilities Development
Corporation of $585,000 in Stephenville Health Facilities Development Corporation
mortgage revenue bonds (Rock House Project) Series A and declaring an emergency.
Councilman Reynolds seconded the motion. The motion carried by the following vote:
AYES: All members present voted aye,
NOES: None
ABSTAINED; None
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SUBMIT NOMINATIONS TO COUNTY CLERKS :OFFICE FOR
Councilman Swindle moved that the following persons be nominated for Directors
to the Board of the.Central Appraisal District of Erath County:
Mr. C. H. Maguire, Jr.
Mr. Leo Purvis
Mr. Roland Madeley
Mr. Delton Moon
Mr. Seth More
Councilman Pollan seconded the motion. The motion carried by the following
vote:
AYES: All members present voted aye.
NOES: None
ITEP1 III: CONSIDER PROPOSALS FOR RISK MANAGEMM CONSULTANTS
Director of Finance Charlene Young presented the bids for Risk Management and
Insurrance consultation services.
After discussion, Councilman Swindle moved acceptance of the low bid of $6,500
from The Wyatt Company for review and recommendations on the city's property and
liability insurance coverage. Councilman Clayton seconded the motion. The motion
carried by the following vote:
AYES: All members present voted aye.
NOES: None
There being no other business to cone before the Council, Mayor Cummings
adjourned the meeting at 9:00 p.m.
e F. Cunnings, Mayor
A ST:
iLY Xecrecary
FILE COPY
CERTIFICATE OF MAYOR APPROVING THE ISSUANCE BY
STEPHENVILLE HEALTH FACILITIES DEVELOPMENT
CORPORATION OF $585,000 IN STEPHENVILLE HEALTH
FACILITIES DEVELOPMENT CORPORATION MORTGAGE
REVENUE BONDS (ROCK HOUSE PROJECT) SERIES A
1. The Stephenville Health Facilities Development
Corporation (the "Issuer "), a nonmember, nonstock public corpora-
tion organized under the Health Facilities Development Act,
Vernon's Revised Civil Statutes Annotated, Article 1528j (the
"Act ") , proposes to issue $585,000 in aggregate principal amount
of its Mortgage Revenue Bonds (Rock House Project) Series A (the
"Bonds ") for the purpose of providing financing for all or a part
of the cost of a rehabilitation health care facility (as defined
in the Act) (the "Project ") to be owned by J. Brad Allen and
leased to and operated by Rock House, Inc., a corporation duly
organized under the laws of the State of Texas, all for the
public purpose of providing adequate, reasonable, and accessable
health care.
2. The Project will be located in the City of
Stephenville, Texas (the "City "), at 2252 Lingleville Road.
3. On October 4, 1983, the Issuer, pursuant to a
public notice duly published on September 20, 1983, in a news-
paper of general circulation in the City of Stephenville, Texas,
held a public hearing regarding the issuance of the Bonds, which
was intended to comply, and did comply, in all respects with the
provisions of section 103(k) of the Internal Revenue Code of
1954, as amended (the "Code "), which section requires that the
issuance of "industrial development bonds" (within the meaning of
section 103(b) of the Code) must be approved by the "elected
legislative body" or the "chief elected executive officer" of the
"governmental unit" issuing the Bonds or on whose behalf the
Bonds are issued after a public hearing following reasonable
public notice or by voter referendum of the governmental unit.
4. The Issuer is a duly constituted authority and an
instrumentality of the City, within the meanings of those terms
as defined in the regulations of the Department of the Treasury
and the rulings of the Internal Revenue Service promulgated and
prescribed under the Code.
5. In accordance with the provisions of the Act,
particularly Section 4.03 thereof, the Issuer duly filed with the
City Council, on September 19, 1983, a description of the
Project, including an explanation of the projected costs of, and
the necessity for, the Project and the name of the proposed User
of the Project.
,3oLd
5. As the Mayor and as the chief elected executive
officer of the City, I hereby approve the issuance of the Bonds
in the aggregate principal amount of $585,000 for the purpose of
financing a rehabilitation health care facility of approximately
10 acres located at 2252 Lingleville Road, Stephenville, Texas to
be owned by J. Brad Allen and leased to and operated by Rock
House, Inc. for the purposes of section 103(k) of the Code. The
Issuer hereby is authorized to file this Certificate in the
Transcript of Proceedings for the Bonds and to file a copy hereof
with any state or federal agency, board or commission as may be
required by any applicable state or federal alws, rules or
regulations.
APPROVED this 73t day of October, 1983.
or, City Stephenvi'Lle`
qk
2
0
A RESOLUTION APPROVING THE ISSUANCE BY
STEPHENVILLE HEALTH FACILITIES DEVELOPMENT
CORPORATION OF $585,000 IN STEPHENVILLE HEALTH
FACILITIES DEVELOPMENT CORPORATION MORTGAGE
REVENUE BONDS (ROCK HOUSE PROJECT) SERIES A
AND DECLARING AN EMERGENCY
WHEREAS, The Stephenville Health Facilities Development
Corporation (the "Issuer "), a nonmember, nonstock public corpora-
tion organized under the Health Facilities Development Act,
Vernon's Revised Civil Statutes Annotated, Article 1528] (the
"Act ") , proposes to issue $585,000 in aggregate principal amount
of its Mortgage Revenue Bonds (Rock House Project) Series A (the
"Bonds ") for the purpose of providing financing for all or a part
of the cost of a rehabilitation health care facility (as defined
in the Act) (the "Project ") to be owned by J. Brad Allen and
leased to and operated by Rock House, Inc., a corporation duly
organized under the laws of the State of Texas, all for the
public purpose of providing adequate, reasonable, and accessable
health care; and
WHEREAS, the Project will be located in the City of
Stephenville, Texas (the "City "), at 2252 Lingleville Road; and
WHEREAS, on October 4, 1983, the Issuer, pursuant to a
public notice duly published on September 20, 1983, in a news-
paper of general circulation in the City of Stephenville, Texas,
held a public hearing regarding the issuance of the Bonds, which
was intended to comply, and did comply, in all respects with the
provisions of section 103(k) of the Internal Revenue Code of
1954, as amended (the "Code "), which section requires that the
issuance of "industrial development bonds" (within the meaning of
section 103(b) of the Code) must be approved by the "elected
legislative body" or the "chief elected executive officer" of the
"governmental unit" issuing the Bonds or on whose behalf the
Bonds are issued after a public hearing following reasonable
public notice or by voter referendum of the governmental unit;
and
WHEREAS, the Issuer is a duly constituted authority and
an instrumentality of the City, within the meanings of those
terms as defined in the regulations of the Department of the
Treasury and the rulings of the Internal Revenue Service
promulgated and prescribed under the Code; and
WHEREAS, in accordance with the provisions of the Act,
particularly Section 4.03 thereof, the Issuer duly filed with
the City Council, on September 19, 1983, a description of the
R -1
Project, including an explanation of the projected costs of, and
the necessity for, the Project and the name of the proposed User
of the Project; and
WHEREAS, the City Council, as the elected legislative
body of the City, desires to approve the issuance of the Bonds
for the purposes of section 103(k) of the Code; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
STEPHENVILLE THAT:
SECTION 1. The 'issuance of the Bonds in the aggregate
principal amount of $585,000 for the purpose of financing a
rehabilitation health care facility of approximately
10 acres located at 2252 Lingleville Road, Stephenville,
Texas to be owned by J. Brad Allen and leased to and
operated by Rock House, Inc. is hereby approved for the
purposes of section 103(k) of the Code, and the Issuer
hereby is authorized to file this resolution in the
Transcript of Proceedings for the Bonds and to file a copy
hereof with any state or federal agency, board or commission
as may be required by any applicable state or federal alws,
rules or regulations.
SECTION 2. Whereas, the Project is in furtherance of the
public purpose of providing adequate, reasonable, and
accessable health care, and an emergency is apparent for the
immediate preservation of the public health that requires
this resolution to become effective at once; therefore, upon
passage of this resolution by the affirmative vote of at
least T members of the City Council of the City
of Stephenville, it shall be effective from and after the
date of its passage as provided, by the City Charter of the
City of Stephenville.
PASSED AND APPROVED this / ,ye, day of October, 1983.
U
AT ayor
ATTEST
Clerk
iSEAL)
R -2
FILE
CERTIFICATE OF RESOLUTION APPROVING THE
ISSUANCE BY STEPHENVILLE HEALTH FACILITIES
DEVELOPMENT CORPORATION OF $585,000 IN
STEPHENVILLE HEALTH FACILITIES DEVELOPMENT
CORPORATION MORTGAGE REVENUE BONDS (ROCK HOUSE
PROJECT) SERIES A AND DECLARING AN EMERGENCY
THE STATE OF TEXAS X
COUNTY OF ERATH X
CITY OF STEPHENVILLE X
_..sots
COPY
I, Joyce Pemberton , hereby certify as follows:
1. I am the duly qualified and acting City Clerk of
the City of Stephenville, Texas and the custodian of the records
of said City, including the minutes of the proceedings of the
City Council of the City of Stephenville, and I am duly autho-
rized to execute this Certificate.
2. The City Council of said City convened in SPECIAL
MEETING ON THE 13th DAY OF OCTOBER, 1983, at the City Hall, and
the roll was called for the duly constituted officers and members
of said City Council, to -wit:
Mayor Joe F. Cummings
Councilmembers: H. Floyd Gordon G. A. Swindle
John E.Pollan Janes L. McSwain
William G. Brede Ray Reynolds
Charles Riggins David Clayton
and all of said persons were present, except the following
absentees: Councilmembers Charles Rie2ins and William G. Brede
thus constituting a quorum. Whereupon, among other business at
said Meeting, a written Resolution bearing the following caption:
RESOLUTION APPROVING THE ISSUANCE BY STEPHENVILLE HEALTH
FACILITIES DEVELOPMENT CORPORATION OF $585,000 IN STEPHENVILLE
HEALTH FACILITIES DEVELOPMENT CORPORATION MORTGAGE REVENUE BONDS
(ROCK HOUSE PROJECT) SERIES A AND DECLARING AN EMERGENCY was duly
introduced for the consideration of said City Council and duly
read. It was then duly moved and seconded that said Resolution
be adopted and passed; and, after due discussion, said motion,
carrying with it the adoption and passage of said Resolution,
prevailed and carried by the following vote:
AYES: 7 ABSTENTIONS: 0
NOES: 0
.sores
3. That a true, full, and correct copy of the afore-
said Resolution adopted and passed at the Meeting described in
the above and foregoing paragraph is attached to and follows this
Certificate; that said Resolution is on file in the Office of the
City Clerk as part of the official records of the City of
Stephenville; that the persons named in the above and foregoing
paragraph are the duly chosen, qualified, and acting officers and
members of said City Council as indicated therein; that each of
the officers and members of said City Council was duly and
sufficiently notified officially and personally, in adivance, of
the time, place, and purpose of the aforesaid Meeting, and that
said Resolution would be introduced and considered for adoption
and passage at said Meeting, and that said Meeting was open to
the public, and public notice of the time, place, and purpose of
the meeting was given, all as required by Vernon's Ann. Tex. Civ.
St. Article 6252 -17, as amended.
4. That the Mayor and the City Clerk of said City
have duly signed said Resolution; that the City Attorney for said
City approved the aforesaid Resolution as to form prior to its
adoption and passage as evidenced by the signature of same
thereon; and that the seal appearing below constitutes the
official seal of the City of Stephenville and was duly affixed by
the undersigned at the time this Certificate was signed.
5. That the aforesaid Resolution has not been
altered, amended or changed since its date of adoption.
(S"EAL )
SIGNED AND SEALED this 13th day of October, 1983.
Clerk
City of Stephenville
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