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HomeMy WebLinkAbout15178 RES - 10/17/1979vp:10/37/79:1st A RESOLUTION CHARGING THE BOARD OF DIRECTORS OF THE COASTAL BEND HOSPITAL AUTHORITY AND THEIR SUCCESSORS WITH OPERA- TION OF SUCH HOSPITAL AUTHORITY IN ACCORDANCE WITH STATE LAW AND INSTRUCTIONS CONTAINED HEREIN; AND DECLARING AN EMERGENCY. WHEREAS, the City Council of the City of Corpus Christi has by ordinance established the Coastal Bend Hospital Authority and appointed the first Board of Directors to such Authority; and WHEREAS, the City Council deems it necessary to charge such Board of Directors and their successors with operation of such Hospital Authority " in accordance with the laws of the State of Texas and the instructions as set out herein; NOW, THEREFORE: BE IT RESOLVED that the City Council charges the Board of Directors of the Coastal Bend Hospital Authority and their successors with operation of such Authority according to the laws of the State of Texas and these instruc- tions: 1. Purpose The Authority was created and shall be operated for the purpose of promoting the public interest within the City of Corpus Christi, Texas by cooperating with all nonprofit hospitals in the City which may wish to take advantage of the provisions of either Article 4437e or Article 4437e-2, the Hospital Project Financing Act, or any other legislation intended to assist nonprofit hospitals in the financing of their facilities. 2. Requirement for Annual Audit All proceeds from the issuance of bonds by the Authority as well as revenues collected to pay such bonds, shall be administered by various trustees to be designated in the resolutions authorizing such bonds. Further- more, each such bond resolution shall books and records of account relating revenues collected to pay such bonds. require an annual audit of such books dent certified public accountants. require the trustee to maintain proper to the use of bond proceeds and all Also, each bond resolution shall and records to be prepared by indepen- IICROFIL."."�" AUG 2 81980 3. Eminent Domain The Authority will not exercise the power of eminent domain unless approved by the Board of Directors of the Authority and the City Council. 4. No property or facilities financed by the Authority on behalf of a nonprofit hospital shall include any commercial office buildings or commer- cial parking lots (revenue producing) directly or indirectly. 5. No monies obtained through any financing undertaken by or through the Hospital Authority will be used for any space or facilities whose purpose is primarily sectarian. 6. Any hospital contracting in any way with the Hospital Authority shall, for at least as long as the Hospital Authority has debt outstanding for the benefit of that hospital, maintain rental rates charged for office accom- modations owned by that hospital at a level comparable to privately owned office space similarly situated as to proximity to hospital facilities. 7. Appointment of Board of Directors The members of the Board of Directors of the Authority shall always be appointed by the City Council of the City of Corpus Christi, Texas, in accordance with Section 15 of Article 4437e-2 of the Revised Civil Statutes of the State of Texas. The method of selecting and the term of office of any of the members of the governing body of such Authority shall not be prescribed in the resolution authorizing the issuance of such bonds or notes, the trust agreement securing such bonds or notes, or any other agreement relating to such bonds or notes. 8. Ad valorem Tax Status Not Affected No property or facilities financed by the Authority on behalf of a nonprofit hospital shall be exempt from ad valorem taxation by any taxing body unless such property or facilities is so exempt as the result of the application of provisions of law other than Article 4437e or Article 4437e-2, Texas Revised Civil Statutes. -2- Each nonprofit hospital seeking to obtain financing through the Authority under Article 4437e or 4437e-2 or any other legislation shall, prior to the issuance of any such bonds or notes, enter into an agreement with the Authority that such nonprofit hospital or the Authority will not seek to have property or facilities so financed found to be tax exempt for ad valorem tax purposes by any taxing body except as previously stated. The necessity to set out the instructions for the Board of Directors as hereinabove outlined at the earliest possible date creates a public emergency and an imperative public necessity requiring the suspension of the Charter rule that no ordinance or resolution shall be passed finally on the date of its introduction but that such ordinance or resolution shall be read at three several meetings of the City Council, and the Mayor having declared that such emergency and necessity exist, having requested the suspension of the Charter rule and that this ordinance take effect and be in full force and effect from and after its passage, IT IS ACCORDINGLY SO RESOLVED this the day of October, 1979. ATTEST: City Secretary APPROVED: 1 DAY OF OCTOBER, 1979: J. BRUCE AYCOCK, CITY ATTORNEY /1%4V MA OR fr THE CITY OF CORPUS CHRISTI, TEXAS Corpus Christi, Texas /7 day ofPldiat_, 1979 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, a public emergency and imperative necessity exist for the suspension of the Charter rule or requirement that no ordinance or resolution shall be passed finally on the date it is introduced, and that such ordinance or resolution shall be read at three meetings of the City Council; I, therefore, request that you suspend said Charter rule or requirement and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, MAYOR THE CITY OF CORPUS CHRISTI, TEXAS The Charter rule was suspended by the following vote: Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky The above ordinance was passed Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky by the following vote: 15178