HomeMy WebLinkAboutResolution - 4547 - Use Of Revenue Bonds - WCHFDC - Refinance Health Facilities Obligations - 07_14_1994Resolution No. 4547
July 14, 1994
Item #32
RESOLUTION CONCERNING THE USE
OF THE PROCEEDS OF REVENUE BONDS ISSUED
BY THE WASHINGTON COUNTY HEALTH
FACILITIES DEVELOPMENT CORPORATION TO
REFINANCE CERTAIN OBLIGATIONS RELATING TO,
AND CONSTRUCT, IMPROVE, AND REMODEL, HEALTH
FACILITIES LOCATED WITHIN THE BOUNDARIES OF
THE CITY OF LUBBOCK, TEXAS
WHEREAS, the Washington County Health Facilities Development Corporation (the
"Issuer") was created by Washington County, Texas pursuant to the provisions of the Health
Facilities Development Act, Chapter 221, Texas Health and Safety Code ( the "Act");
WHEREAS, it has been proposed that the Issuer issue its limited obligation revenue
bonds (the "Bonds") and loan the proceeds thereof to Lutheran Social Services of the South,
Inc., a Texas non-profit corporation (the `Borrower") , to refinance certain outstanding
obligations of the Borrower to banks relating to, and construct, improve, and remodel, health
facilities which are located within the territorial limits of the City of Lubbock (the "City"),
Texas;
WHEREAS, the City is a "sponsoring entity" within the meaning of the Act;
WHEREAS, under the Act, use of the proceeds of the Bonds to finance the
refinancing of certain obligations relating to, and constructing, improving, and remodeling,
health facilities located outside the limits of Washington County, Texas and within the limits
of the City requires the consent of the City Council of the City (the "City Council");
WHEREAS, pursuant to section 147(f) of the Internal Revenue Code of 1986, as
amended (the "Code"), the Issuer has conducted a public hearing (the "Hearing") in the City
following reasonable public notice with respect to the Bonds and the Captioned project and
has presented to the City Council a summary of the proceedings from the Hearing;
WHEREAS, in order to satisfy the requirements of section 147(f) of the Code, it is
necessary for the City Council or the City Mayor, as the chief elected executive officer of the
City, to approve the Bonds after the Hearing has been held;
WHEREAS, the Bonds are payable from revenues to paid by the Borrower and are
not payable from taxes by any jurisdiction, including Washington County, Texas or the City;
WHEREAS, it is deemed necessary and advisable that this Resolution be adopted;
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
LUBBOCK, TEXAS THAT;
Section 1: This Resolution is adopted for the purpose of satisfying the conditions and
requirements of Section 221.080 of the Act and section 147(f) of the Code and the regulations
promulgated thereunder.
Section 2: The City of Lubbock, Texas acting by and through its City Council, hereby
consents to the issuance of the Bonds by the Issuer, upon such terms as the Issuer deems
appropriate and approves.
Section 3: The City Council of the City hereby authorized the Mayor of the City to
receive the summary of the proceedings from the Hearing and to approve the Bonds, which
are to issued
A. in the maximum aggregate principal amount not to exceed $9,000,000,
and
B. to refinance certain outstanding obligations of the Borrower to banks
relating to, and construct, improve, and remodel, various health care
facilities, part of which are located in the City of Lubbock and known
as Lutheran Home of West Texas;
pursuant to section 147(f) of the Code.
Section 4: The approval of the Mayor, when given, is in accordance with the
provisions of section 147(f) of the Code, and is not to be construed as an undertaking by the
City, and the Bonds shall never constitute an indebtedness or pledge of the City within the
meaning of any constitutional or statutory provision, and the owners of the Bonds shall never
be paid in whole or in part out of any funds raised or to be raised by taxation or any other
revenues of the City.
Section 5: The Mayor and City Clerk of the City and each Council member are hereby
authorized, jointly and severally, to execute and deliver such endorsements, instruments,
certificates, documents, or papers necessary and advisable to carry out the intent and purposes
of this Resolution.
Section 6: This Resolution shall take effect immediately from and after its adoption.
PASSED AND APPROVED this 14th day of J11 , 1994.
ATTEST:
Aat'— I 't J",�
Betty A Johnson ity Secretary
dpAccdocsTond.res
July 5, 1994
APPROVAL OF CITY MAYOR
In connection with the issuance of the Washington County Health Facilities
Development Corporation Revenue Bonds (Lutheran Social Services of the South, Inc.)
Series 1994, in the maximum aggregate principal amount not to exceed $9,000,000 (the
'Bonds"), I hereby certify that I am the duly elected City Mayor of the City of Lubbock,
Texas (the "City"), and that I have reviewed the report, a copy of which is attached
hereto as Exhibit A, of a public hearing concerning the Bonds which was held in the
City on July 14, 1994. The proceeds of the Bonds are to be used for the purposes
stated in the notice of the public hearing attached to said report.
As the applicable elected representative of the City, I hereby approve, for
purposes of section 147(f) of the Internal Revenue Code of 1986, as amended, the
issuance of the Bonds and the use of the proceeds thereof as described above.
DATED July 14, 1994.
D R. LANGSTON,
OF LUBBOCK, Y
109976
THE STATE OF TEXAS §
CITY OF LUBBOCK §
I, the City Secretary of the City of Lubbock, Texas, hereby certify as follows:
1. The members of the City Council of the City of Lubbock, Texas (the "City
Council") convened in regular session on the 14th day of July 1994, at 10:00 a.m. at the
Council Chambers, Municipal Building, 1625 13th Street, Lubbock, Texas (the
'Meeting"), and the roll was called of the duly constituted members of the City Council,
to -wit:
David Langston, Mayor
Randy Neugebauer
T.J. Patterson
Victor Hernandez
and all of the said persons were present, except
constituting a quorum. Whereupon, among
transacted at the meeting:
Max L. Ince
Alex "Ty" Cooke
Windy Sitton
Randy Neugebauer and Victor Hernandez
were absent from Chambers ,thus
other business, the following was
RESOLUTION CONCERNING THE USE OF THE
PROCEEDS OF REVENUE BONDS ISSUED
BY THE WASHINGTON COUNTY HEALTH
FACILITIES DEVELOPMENT CORPORATION TO
REFINANCE CERTAIN OBLIGATIONS RELATING TO,
AND CONSTRUCT, IMPROVE, AND REMODEL, HEALTH
FACILITIES LOCATED WITHIN THE BOUNDARIES OF
THE CITY OF LUBBOCK, TEXAS
(the "Resolution") was duly introduced for the consideration of the City Council. It was
then duly moved and seconded that the Resolution be adopted, and, after due
discussion, said motion, carrying with it the adoption of the Resolution, prevailed and
carried by the following vote:
AYES: 5 NOES: 0 ABSTENTIONS: o
2. A true, full, and correct copy of the Resolution adopted at the Meeting is
attached to and follows this Certificate; the Resolution has been duly recorded in the
minutes of the Meeting, the above and foregoing paragraph is a true, full, and correct
excerpt from the minutes of the Meeting pertaining to the adoption of the Resolution;
the persons named in the above and foregoing paragraph are the duly chosen, qualified,
and acting members of the City Council; each of such members of the City Council was
duly and sufficiently notified, officially and personally, in advance, of the time, place,
and purpose of the Meeting and that the Resolution would be introduced and
considered for adoption at the Meeting, and each of such members consented, in
0106 re
advance, to the holding of the Meeting for such purpose; and the Meeting was open to
the public, and public notice of the time, place, and purpose of the Meeting was given,
all as required by Chapter 551, Texas Government Code, as amended.
SIGNED this 14thday of July, 1994.
City Secr tart', City—O Lubbock, Texas
(SEAL)
01OU a -2-
CERTIFICATE OF PUBLIC HEARING
I, the undersigned, hereby certify in connection with the issuance by the
Washington County Health Facilities Development Corporation (the "Issuer") of its
Revenue Bonds (Lutheran Social Services of the South, Inc.) Series 1994 (the 'Bonds")
in principal amount not to exceed $9,000,000, as follows:
1. I am John M. Orr, and I have been duly authorized to conduct a public
hearing on the issuance of the Bonds to provide for (i) refinancing certain outstanding
obligations of the Lutheran Social Services of the South, Inc., a Texas non-profit
corporation (the "Corporation") to banks relating to health care facilities located in
Brenham and Lubbock, Texas; (ii) reimbursing the Corporation for the cost of
acquiring, constructing, and equipping health care facilities located in Brenham, Texas
and of acquiring a health care facility in Canyon Lake, Texas; (iii) constructing,
improving, and remodeling certain health care facilities located in Shiner and Lubbock,
Texas; and (iv) paying a portion of the costs of issuance of the Bonds.
2. Such hearing was conducted by me in accordance with published notice
commencing at 9:00 a.m. on Thursday, July 14, 1994, at The Chapel, Lutheran Home
of West Texas, 5502 Fourth Street, Lubbock, Texas, which offices were open to the
public for purposes of the hearing.
3. At the time for the commencement of the hearing, I explained the nature
of the hearing, the purpose of the financing, and publicly requested comments, either
orally or in writing, on the various uses of the proceeds of the Bonds and on the
issuance of such Bonds.
4. At the hearing, no persons presented comments orally or in writing.
5. I imposed no time limitations on any public comments.
IN WITNESS WHEREOF, I have hereunto set my hand this / ` +4 day of July,
1994.
0108617
CERTIFICATE OF PUBLIC HEARING
I, the undersigned, hereby certify in connection with the issuance by the
Washington County Health Facilities Development Corporation (the "Issuer") of its
Revenue Bonds (Lutheran Social Services of the South, Inc.) Series 1994 (the 'Bonds")
in principal amount not to exceed $9,000,000, as follows:
1. I am John M. Orr, and I have been duly authorized to conduct a public
hearing on the issuance of the Bonds to provide for (i) refinancing certain outstanding
obligations of the Lutheran Social Services of the South, Inc., a Texas non-profit
corporation (the "Corporation") to banks relating to health care facilities located in
Brenham and Lubbock, Texas; (ii) reimbursing the Corporation for the cost of
acquiring, constructing, and equipping health care facilities located in Brenham, Texas
and of acquiring a health care facility in Canyon Lake, Texas; (iii) constructing,
improving, and remodeling certain health care facilities located in Shiner and Lubbock,
Texas; and (iv) paying a portion of the costs of issuance of the Bonds.
2. Such hearing was conducted by me in accordance with published notice
commencing at 9:00 a.m. on Thursday, July 14, 1994, at The Chapel, Lutheran Home
of West Texas, 5502 Fourth Street, Lubbock, Texas, which offices were open to the
public for purposes of the hearing.
3. At the time for the commencement of the hearing, I explained the nature
of the hearing, the purpose of the financing, and publicly requested comments, either
orally or in writing, on the various uses of the proceeds of the Bonds and on the
issuance of such Bonds.
4. At the hearing, no persons presented comments orally or in writing.
5. I imposed no time limitations on any public comments.
IN WITNESS WHEREOF, I have hereunto set my hand this 14 +,y day of July,
1994.
0108617
CERTIFICATE OF PUBLIC HEARING
I, the undersigned, hereby certify in connection with the issuance by the
Washington County Health Facilities Development Corporation (the "Issuer") of its
Revenue Bonds (Lutheran Social Services of the South, Inc.) Series 1994 (the 'Bonds")
in principal amount not to exceed $9,000,000, as follows:
1. I am John M. Orr, and I have been duly authorized to conduct a public
hearing on the issuance of the Bonds to provide for (i) refinancing certain outstanding
obligations of the Lutheran Social Services of the South, Inc., a Texas non-profit
corporation (the "Corporation") to banks relating to health care facilities located in
Brenham and Lubbock, Texas; (ii) reimbursing the Corporation for the cost of
acquiring, constructing, and equipping health care facilities located in Brenham, Texas
and of acquiring a health care facility in Canyon Lake, Texas; (iii) constructing,
improving, and remodeling certain health care facilities located in Shiner and Lubbock,
Texas; and (iv) paying a portion of the costs of issuance of the Bonds.
2. Such hearing was conducted by me in accordance with published notice
commencing at 9:00 a.m. on Thursday, July 14, 1994, at The Chapel, Lutheran Home
of West Texas, 5502 Fourth Street, Lubbock, Texas, which offices were open to the
public for purposes of the hearing.
3. At the time for the commencement of the hearing, I explained the nature
of the hearing, the purpose of the financing, and publicly requested comments, either
orally or in writing, on the various uses of the proceeds of the Bonds and on the
issuance of such Bonds.
4. At the hearing, no persons presented comments orally or in writing.
5. I imposed no time limitations on any public comments.
IN WITNESS WHEREOF, I have hereunto set my hand this I'++ti day of July,
1994.
0108617
CERTIFICATE OF PUBLIC HEARING
I, the undersigned, hereby certify in connection with the issuance by the
Washington County Health Facilities Development Corporation (the "Issuer") of its
Revenue Bonds (Lutheran Social Services of the South, Inc.) Series 1994 (the 'Bonds")
in principal amount not to exceed $9,000,000, as follows:
1. I am John M. Orr, and I have been duly authorized to conduct a public
hearing on the issuance of the Bonds to provide for (i) refinancing certain outstanding
obligations of the Lutheran Social Services of the South, Inc., a Texas non-profit
corporation (the "Corporation") to banks relating to health care facilities located in
Brenham and Lubbock, Texas; (ii) reimbursing the Corporation for the cost of
acquiring, constructing, and equipping health care facilities located in Brenham, Texas
and of acquiring a health care facility in Canyon Lake, Texas; (iii) constructing,
improving, and remodeling certain health care facilities located in Shiner and Lubbock,
Texas; and (iv) paying a portion of the costs of issuance of the Bonds.
2. Such hearing was conducted by me in accordance with published notice
commencing at 9:00 a.m. on Thursday, July 14, 1994, at The Chapel, Lutheran Home
of West Texas, 5502 Fourth Street, Lubbock, Texas, which offices were open to the
public for purposes of the hearing.
3. At the time for the commencement of the hearing, I explained the nature
of the hearing, the purpose of the financing, and publicly requested comments, either
orally or in writing, on the various uses of the proceeds of the Bonds and on the
issuance of such Bonds.
4. At the hearing, no persons presented comments orally or in writing.
5. I imposed no time limitations on any public comments.
IN WITNESS WHEREOF, I have hereunto set my hand this l't �� day of July,
1994.
0109617
FULBRIGHT & JAWORSKI
L. L. P.
A REGISTERED LIMITED LIABILITY PARTNERSHIP HOUSTON
2200 Ross AVENUE WASHINGTON, D.C.
SUITE 2800
TELEPHONE: 214/855-8000 DALLAS, TEXAS 75201
FACSIMILE: 214/855.8200 �,I
WRITER " wC-
S DIRECT DIAL NUMBER: O�•r �-r
214/855-8013 V
July 6, 1994 �
[/J11L
Ms. Betsy Wood, CPA
City of Lubbock
P. O. Box 2000
Lubbock, Texas 74957 CX
Re: Washington County Health Facilities Development Corporation Revenue
Bonds (Lutheran Social Services of the South, Inc.), Series 1994
Dear Ms. Wood:
In reference to the above referenced matter, you have asked whether the City
in passing the subject resolution will encounter any exposure or liability in regard to
the project or the financing thereof.
Based on the information furnished and our inquiry from the Austin office
of Fulbright, we understand the City is being asked to pass a resolution which approves
and consents to a financing of a health facilities project located in the City of Lubbock,
Texas by the Washington County Health Facilities Development Corporation. Such
consent and approval is required under Federal tax law and the Health Facilities
Development Act when an issuer under the Health Facilities Development Act issues
tax exempt bonds to finance the costs of a project located outside its jurisdiction. In
giving such consent and approval, we do not believe the City will encounter any risk
or liability with respect to the Bonds or with respect to the project.
We trust the above is responsive to your request and if we can be of further
assistance, please advise.
Very tr yo rs,
Ed H. Es ivel
EHE:dfc
0193906