HomeMy WebLinkAboutResolution - 1894 - Amend Section 1.3, Bylaws Of Lubbock Health Facilities Development Corporation - 12/13/1984JCR:cI
RESOLUTION
Resolution #1894
December 13, 198
Agenda Item #30
WHEREAS THE BOARD OF DIRECTORS OF LUBBOCK HEALTH FACILITIES DEVELOP-
MENT CORPORATION HAVE ADOPTED THE FOLLOWING AMENDMENT TO SECTION 1.3 OF THE
BYLAWS OF SAID CORPORATION:
Section 1.3. Limitation on Purposes. In the exercise of its powers
and the accomplishment of the purposes of the corporation, no real,
personal, or mixed property shall be acquired, constructed, provided,
improved, financed, or refinanced unless (i) such property constitutes
a "health facility", as defined in the Health Facilities Development
Act, Chapter 783, Acts of the 67th Legislature, Regular Session, 1981
and (ii) the "user" of such "health facility" is a "non-profit
corporation", as defined in the Hospital Project Financing Act,
Article 4437e-2, Vernon's Texas Civil Statutes and such user is an
organization described in Section 501(c)(3) of the Internal Revenue
Code of 1954, as amended, and is exempt from tax under Section 501(a)
of such Code, or the "user" Is a "user" under the Health Facilities
Development Act which meets the following criteria:
A. The "health facility" of such "user" is one requiring a
Certificate of Need from the Texas Health Facilities
Commission and prior to final approval or other action of
the board of directors of this corporation in connection.
with such facility, such Certificate of Need shall have been
obtained.
B. The board of directors of the corporation shall have
determined that the "health facility" would be beneficial to
the public and the public interest would be served by the
acquisition, construction, providing for, improving,
financing or refinancing of such health facility.
WHEREAS, Section 3.05 of Article 1528, V.A.C.S., requires that the
adopted amendment to the Bylaws of the Lubbock Health Facilities Develop-
ment Corporation be approved by the City Council of the City of Lubbock,
and
WHEREAS, the City Council of the City of Lubbock deems it to be in the
best interest of the citizens of the City of Lubbock that such amendment as
above set forth be approved; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the amendment to the Bylaws of Lubbock Health Facilities Develop-
ment Corporation, as hereinabove set forth, BE and is hereby approved.
Passed by City Council this 13th day c
ATTEST:
Rane�to Boyd, City Secretary
APPROVED AS TO CONTENT:
Robert Massengale, As istant City Manager
APPROVED AS TO FORM:
6!9"n C. Ross, Jr., City Attorney
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