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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 30'6 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 r 4