HomeMy WebLinkAboutResolution - 1118 - Approve Amendment - LHFDC - Section 1.3 Bylaws - 06/10/1982i
RESOLUTION 1118 - 6/10/82
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RESOLUTION
A RESOLUTION APPROVING AN AMENDMENT TO SECTION 1.3 OF THE BY-LAWS OF
LUBBOCK HEALTH FACILITIES DEVELOPMENT CORPORATION.
WHEREAS the Board of Directors of the Lubbock Health Facilities Develop-
ment Corporation has approved the following amendment to Sec. 1.3 of its by-
laws:
"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 of
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 'for-profit corporation' 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, construc-
tion, providing for, improving, financing or refinancing of such
health facility.
WHEREAS Section 3.05 of Art. 1528d V.A.C.S. requires all amendments to
the By -Laws of Lubbock Health Facilities Development Corporation be approved
by the City Council of the City of Lubbock; and
WHEREAS the City Council has reviewed the amendment to the by-law hereto-
fore set forth; and
WHEREAS the City Council finds that it would be in the best interest of
the Lubbock Health facilities Development Corporation and the citizens of the
City of Lubbock to approve said amendment; NOW THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
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THAT the amendment to sec. 1.3 of the By -Laws of Lubbock Health Faci-
lities Development Corporation as hereinabove set forth be and is in all
things approved by the City Council of the City of Lubbock.
Passed by the City Council this 10th day of 1982.
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ATL cALI STEP,, MAYOR
ATTEST:
E elyn Gaffga, City SeA Treasurer
APPROVED AS TO FORM:
n C. Ross, Jr., City Attorney