Loading...
HomeMy WebLinkAbout1981-12-08 - Special City Council111 MINUTES OF THE CITY COUNCIL OF THE CITY OF STEPHENVILLE, TEXAS HELD ON TUESDAY, DECEMBER 8, 1981 - 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 Councilman Charles Riggins Councilman G. A. Swindle Councilman Raymond Anderson Councilman W. M. Irwin Councilman Larry Hammett Councilman W. G. Brede Councilman David Clayton City Administrator Kurt J. Ackermann, City Secretary Joyce Pemberton, and City Attorney Joseph Chandler were also present. ITEM I: REGARDING FORMATION OF After discussion, Councilman Irwin moved passage of a RESOLUTION AUTHORIZING AND APPROVING THE CREATION OF A HEALTH FACILITIES DEVELOPMENT CORPORATION ON BEHALF OF THE CITY OF STEPHENVILLE, TEXAS; APPROVING ARTICLES OF INCORPORATION; APPROVING BYLAWS AND appointing Billy Mobley, Bill Corbin, Dorothy Watkins, Jim Chambers, and John Latham as directors of said cor- poration. Councilman Hammett made the second. The motion carried by the following vote: AYES: All members present NOES: None Resolution recorded in Minute Book L. BIDS RECEIVED FOR V OF A SLAB AND After discussion, Councilman Swindle moved to accept the low bid of Leonard Sparks @$18,360.00 for the construction of a 60' x 102' concrete slab, as per specs, at Optimist -Jaycee Park. Councilman Irwin made the second. The motion carried by the following vote: AYES: All members present NOES: None After discussion, Councilman Clayton moved to accept the alternate bid of Watt's Steel Buildings @$20,750.00 for the construction of a pavillion, as per specs, at the Optimist -Jaycee Park. Councilman Hammett made the second, The motion carried by the following vote: AYES: All members present NOES: None ITEM III: ACCEPTANCE OF "AS BUILT PLANS" OF THE TANGLEWOOD ESTATES SUBDIVISION. Councilman Swindle moved that the "AS BUILT PLANS" of the Tanglewood Estates Subdivison be accepted as recommended by Mr. Gann and that the Tanglewood Estates Subdivision be accepted into the City of Stephenville and the city will assume the maintenance of the streets, utilities, etc. as set forth in the city's Subdivision Ordinance. Councilman Hammett made the second. The motion carried by the following vote: AYES; All members present NOES: None ITEM IV: DISCUSS THE STATUS ON CITY -COUNTY COST -SHARED SERVICES After a very lengthy discussion, Councilman Irwin moved that the following proposal of city -county cost -shared services be presented to the Commissioners Court at the earliest possible date: 1�2 FIRE: $400.00 per call - - The Commissioners Court does not have veto power on fire calls. If someone outside the city limits calls for a fire truck, the County pays for said call whether they are needed or not. AMBULANCE: $65.00 per call PRISONERS: $40.00 per day - - The City will no longer pay for a prisoner when the County issues a warrant. DISPATCHING: Discontinue Sheriff's dispatching - - with the understanding that if the sheriff's department wants dispatching services, the City will go back to the $;1300.00 per month charge. RENT ON JUDGE MILLER'S OFFICE: No rent to be paid on this office. Councilman Riggins made the second. The motion carried by the following vote: AYES: All members present NOES: None There being no other business, the meeting adjourned at 4:15 p.m. ivlayM Joe F, ummings ATTEST: it Secretary CERTIFICATE FOR RESOLUTION THE STATE OF TEXAS COUNTY OF ERATH CITY OF STEPHENVILLE We, the undersigned officers of the City Council of the City of Stephenville, Texas, hereby certify as follows: 1. The City Council of said City convened in REGULAR MEETING ON THE IST DAY OF DECEMBER, 1981, at the designated meeting place, and the 'roll was called of the duly constituted officers and members of said Board, to -wit: Joe F. Cummings, Mayor Joyce Pemberton, City Secretary W. M. Irwin Charles Riggins Raymond Anderson Ermer Ferguson G. A. Swindle William G. Brede Larry Hammett David Clayton and all of saic} persons ware present, except the following absentees: ,fin` , ,g,, _ , thus constituting a quorum. Whet upon, among other business, the following was transacted at said Meeting: a written RESOLUTION APPROVING AN AGREEMENT BY STEPHENVILLE INDUSTRIAL DEVELOPMENT CORPORATION TO ISSUE BONDS FOR FMC CORPORATION AND THE BONDRESOLUTION PROVIDING FOR THE ISSUANCE OF SUCH BONDS was duly introduced for the consideration of said City Council and read in full. It was then duly moved and seconded that said Resolution be adopted; and, after due discussion, said motion, carrying with it the adoption of said Resolution, prevailed and carried, by the following vote: AYES: All members of said City Council shown present above: voted "Aye," except NOES:a ABSTENTIONS: 72ov�e� 2. That a true, full and correct copy of the aforesaid Resolution adopted at the Meeting described in the above and foregoing paragraph is attached to and follows this Certifi- cate; that said Resolution has been duly recorded in said City Council's minutes of .said Meeting; that the above and foregoing paragraph is a. true, full and correct excerpt from said City Council's minutes of said Meeting pertaining to the adoption of said Resolution; that the persons named in the above and foregoing paragraph are the duly chosen, qualified and acting officers and members of said City Council's as indicated therein; and that each of the officers and members of said. City Council was duly and sufficiently notified officially and personally, in advance, of the time, place and purpose of the aforesaid Meeting, and that said Resolution would be introduced and considered for adoption at said Meeting, and each of said officers and members consented, in advance, to the holding of said Meeting for such purpose. SIGNED AND SEALED the Is day of December, 1981. Cit Se etary ayor (SEAL)' STEPHENVILLE INDUSTRIAL DEVELOPMENT CORPORATION TO ISSUE BONDS FOR FMC CORPORATION AND THE BOND RESOLUTION PROVIDING FOR THE ISSUANCE OF SUCH BONDS WHEREAS, Stephenville Industrial Development Corporation was created under the auspices of the City of Stephenville; and WHEREAS, it is deemed necessary and advisable that this Resolution be adopted. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE, TEXAS:" Section 1. The "Loan Agreement between Stephenville Industrial Development Corporation and FMC Corporation" in substantially the form and substance as attached to this Resolution and made a part "hereof for all purposes, is hereby approved, and Bonds in the principal amount of $1,000,000 may be issued pursuant thereto for the purpose of paying the cost of acquiring, constructing, equipping and furnishing or causing to be acquired, constructed, equipped and furnished the Project as 'defined and described therein. Section 2. The "Resolution Authorizing the Issuance of Stephenville Industrial Development Corporation Revenue Bonds, Series 1981 and the Execution of a Trust Indenture (FMC Corporation Project)",r'in substantially the form and substance attached to this Resolution and made a part hereof for all purposes, is hereby specifically approved, and the Bonds may be issued as provided for therein. Section 3. The Bonds to be issued by the Stephenville Industrial Development Corporation shall not constitute a debt of the City of Stephenville, Texas or a pledge of the faith and credit of the City of Stephenville, Texas, and such Bonds shall be payable: solely from the funds to be provided by FMC Corporation pursuant to the aforesaid Loan Agreement and Bond Resolution. ------------ r j A RESOLUTION by the City Council of the City of Stephenville, Texas, approving and authoriz- ing the creation of a health facilities development corporation, approving articles of incorporation for such corporation, appoint- ing the initial directors of such corporation; and approving initial bylaws for such corporation. WHEREAS, pursuant to authority conferred by the "Health Facilities Development Act", Chapter 783, Acts of the 67th Legislature, Regular Session, 1981 (the "Act"), cities, counties and hospital districts may approve and authorize the creation of one or more nonmember, nonstock public corporations with powers set forth therein, for the sole purpose of acquiring, constructing, providing, improving, financing and refinancing health facilities, as defined in the Act, in order to assist the maintainence of the public health, with powers, among others, to issue bonds and other- wise borrow money_ at tax-exempt interest rates to the extent permitted by the Internal Revenue Code of 1954, as amended, and to loan such money to providers of health care service in order to finance the acquisition, construction, and improvement of facilities -found by the board of directors of such corporations to be required, necessary, or convenient for health care, research, and education, any one or more; and WHEREAS, the Act provides and requires that the governing body of the city, county or hospital district (the "sponsoring entity") under whose auspices the corporation is created approve the articles of incorporation, bylaws and any amendments thereto of such corporation, appoint the board of directors of the corporation, and, subject only to any limitation provided by the Constitution and laws of the State of Texas and of the United States relating to the impairment of contracts entered into by such corporation, ' may alter the structure, organization, programs or activities of such corporation at any time; and WHEREAS, the Act further provides that health facili- ties purchased or owned by such.corporations be assessed for ad valorem tax purposes to the; private user and be subject to a sales and use tax to the private user to the same extent as if purchased by such user directly, and therefore no loss of tax revenues will result from.the creation of such a corporation or from any of its activities; and e WHEREAS, any bonds issued by such a corporation shall not constitute obligations of the State of Texas, the sponsoring entity or any other political subdivision or agency of the State or a pledge of the faith and credit of any of them; all such bondsmustcontain on their face a statement to such effect;. and no such corporation is author- ized to incur financial obligations under the Act unless the same are payable solely from the proceeds of bonds, revenues derived from the lease or sale'of a health facility or realized from a loan made by such a corporation to finance or refinance in whole or in part a health facility, revenues derived from operating a health.facility, or any other revenues as may be provided'by;a'user of a health facility, any one or more; and WHEREAS, upon dissolution of such a corporation, the title to all funds and property then owned by such corporation shall, under the Act,automatically vest in the sponsoring entity without further conveyance, transfer or act of any kind whatsoever; and WHEREAS, the City Council of the City of Stephenville, Texas, has determined that the present and prospective health, safety -and general welfare of the City and its residents- .would be served by the creation of a nonprofit health facilities development corporation under and pursuant to the Act; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLEa SECTION 1: That it is hereby found and determined that it is in the public interest and to the benefit of the residents of the City of Stephenville, Texas, and the citizens of this State that a health facilities development corporation be created under the Act to promote and develop new, expanded, or improved health facilities,= being any real, personal, or mixed property, or any interest.' therein, the financing,, refinancing, acquiring, providing, constructing, enlarging, remodeling, renovating, improving, furnishing, or equipping of which is found by the board of directors of such corpora- tion to be required. SECTION 2: That the creation of a health facil- ities development corporation on.behalf of the City of Stephenville, Texas, with the powers set forth in the Health Facilities Development Act, to be. named "Stephenville Health Facilities Development Corporation", is hereby authorized and approved. 2 SECTION 3: That the Articles of Incorporation for such corporat— ion n n the form and to the effect attached hereto as Exhibit A, which Exhibit is incorporated herein by reference and made a part hereof for all purposes to the same extent as if set forth herein in full, are hereby approved. SECTION 4: That the persons named in Article Seven of such Articles of Incorporation are hereby appointed as initial directors of such corporation and each of said persons herein appointed to the Board shall hold office for a term of years specified in Section 2.1 of Article II of the initial bylaws of the corporation. SECTION 5: That the initial bylaws for such corporationn in thethe form and to the effect attached hereto as Exhibit B, which Exhibit is incorporated herein by reference and made a part hereof for all purposes to the same extent as if set forth herein in full, are hereby approved. PASSED AND APPROVED, this day of 1:tCe1981. Ma , City o Step enville, Ixas ATTEST: C ty ecretary, City of Stephenville, Texas., (City Seal) 3 i