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HomeMy WebLinkAboutResolution 2603~sox~vx~cox Ra.~~~ • RESOLUTION EVIDENCING THE CONSENT OF THE CITI' OF FORT WORTH, TEXAS TO THE FINANCING OF THE GARDENS CARE CENTER IN FORT WORTH, TEXAS BY THE RUSK COUNTY HEALTH FACILITIES CORPORATION AND PROVIDING FOR THE APPROVAL OF THE BONDS FOLLOWING A PUBLIC HEARING ON THE FINANCING OF SUCH PROJECT WHEREAS the Rusk County Health Facilities Corporation (the Issuer) has been organized as a public nonprofit corporation pursuant to the Texas Health Facilities Development Act, Chapter 221 Texas Health and Safety Code, as amended (the Act) and is empowered under the Act to issue its revenue bonds to finance health facilities as described in the Act; WHEREAS the Issuer is considering the issuance of its Rusk County Health Facilities Corporation First Mortgage Health Facilities Revenue Bonds (Harvest Senior Services Inc Project) Series 2000A (the `Series 2000A Bonds ') and its Rusk County Health Facihtres Corporation Taxable First Mortgage Health Facilities Revenue Bonds (Harvest Senior Services, Inc Project) Series 2000B (the Series 2000B Bonds and together with the Series 2000A Bonds, the `Bonds") in the approximate amount noC to exceed $5,500 000 maximum aggregate principal amount; and WHEREAS the proceeds of the Bonds will be used by Harvest Senior Services Inc a not for profit corporation (the `Borrower") for the acquisition and renovation of (i) a 130-bed nursing facility located at 2313 N Raquelt Dr Lufkin, Angelina County Texas, and known as the Luflan Nursing Center (the `Lufkin Facility") and (ii) a 123-bed nursing facility located at 901 Clinic Dr Fort Worth, Tarrant County Texas, and known as The Gardens Care Center (the `Fort Worth Facility" and together with the Lufkin Facility herein referred to as the 'Facilities') " WHEREAS pursuant to section 147(f) of the Internal Revenue Code of 1986 as amended (the Code) a public hearing will be held following reasonable public notice on at 10.00 a.m. January 13 2000 at The Gardens Care Center 901 Clinic Dr Fort Worth, Tarrant County Texas, with respect to the Bonds and the Facilities being financed with the Bonds ('TEFRA Hearing') and WHEREAS pursuant to the provisions of 221 030 of the Act, the Counties of Rusk, Angelina, and Tarrant and the Cities of Lufkin and Fort Worth must consent to the issuance of the Bonds by the Issuer and it is appropriate that the Governing Body of the City consent to acqutsrtion and improvement of the facrhty located wrthm the jurisdiction of the City THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS THAT Section 1 The City hereby consents to the acquisition and improvement of the Fort Worth Facility and the issuance of the Bonds for such Fort Worth Facility by the Issuer and that this consent is given pursuant to the provisions of the Act. Section 2. It is hereby officially found and deterrruned that the financing of the Fort Worth Facility by the Issuer is hereby approved within the meaning of Section 147 of the Code subject to the review of the public comments, if any given at the TEFRA Hearing The Mayor is hereby appointed as the applicable elected official of the City and is authorized and directed to execute and deliver a certificate evidencing such approval, subject to the review of the public comments, if any given at the TEFRA Heanng. • Section 3 The Borrower agrees to mdemmfy and shall hold harmless (including payment of reasonable attorneys fees) the City of Fort Worth, and any employee or agent thereof (each of the foregoing being hereinafter referred to individually as `Indemnified Party") .against all liability to third parties (other than liability solely the fault of the Indemnified Party) arising from or m connection with any matters contained in this Resolution, including but not limited to the ownership and use of the Facilrty The Borrower's obligation to indemnify any Indemnified Party will survive the expiration or termination of this Resolution. The Borrower shall conduct the defense of any such third party action arising as described herein unless the Borrower and the City shall mutually agree that the City will conduct the defense at the Borrower's expense This indemnification is in addition to any other duty or obligation owed the City by the Borrower under any document entered into in connection with the issuance and sale of the Bonds. The Borrower further agrees that it shall pay all applicable ad valorem taxes due the City or in the event that it is determined that no ad valorem taxes are due, a payment in lieu of tax to be negotiated by the City and the Borrower Also, the Borrower shall furnish the City so long as any Bonds are outstanding, quarterly financial statements relating to the Facilities. Section 4 The approval and consent herein is given m accordance with the provisions of section 147(f) of the Code and the provisions of the Act and for no other purpose and is not to be construed as an undertaking by the City of Fort Worth. The Bonds shall never constitute a liability an indebtedness or obligation of the City of Fort Worth or any other county city or other municipal or political corporation or subdivision of the State of Texas or the State of Texas, within the meaning of any constitutional or statutory provision, and the holders 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 of Fort Worth or any other such entity The sole reason for the adoption of this Resolution is to evidence the City's consent as set forth in §22I 030 (a) (1) (B) of the Act and for no other purpose whatsoever Nothing contained herein shall ever be construed as to create any liability or obligation on behalf of the City of Fort Worth, Texas. • ,h CERTIFICATE FOR A RESOLUTION EVIDENCING THE CONSENT OF THE CITY OF FORT WORTH, TEXAS TO THE FINANCING OF THE GARDENS CARE CENTER IN FORT WORTH, TEXAS BY THE RUSK COUNTY HEALTH FACII,ITIES CORPORATION AND PROVIDING FOR THE APPROVAL OF THE BONDS FOLLOWING A PUBLIC HEARING ON THE FINANCING OF SUCH PROJECT I, the undersigned, City Secretary of the City of Fort Worth, Texas (the City") do hereby certify as follows: 1 I am the duly chosen, qualified and acting officer of the City for the office shown below my signature; and as such I am familiar with the facts herein certified, I am executing and delivering this certificate for the benefit of all persons interested in the proceedings and actions of the City Council (the 'Governing Body") of the Ciry 2. The Governing Body of the City convened in regular/special scheduled session on January ~, 2000 and the roll was called of the duly constituted members of said Governing Body to wit: Mayor Kenneth Barr Council Member Jim Lane Council Member Chuck Silcox Council Member Becky Haskin Council Member Frank Moss Council Member Clyde W Picht Council Member Jeff Wentworth . Council Member Ralph McCloud Council Member Wendy Davis and all of said persons were present, thus constituting a quorum. Whereupon among other business, the following was transacted at said meeting: a written RESOLUTION EVIDENCING THE CONSENT OF THE CITY OF FORT WORTH, TEXAS TO THE FINANCING OF THE GARDENS CARE CENTER IN FORT WORTH, TEXAS BY THE RUSK COUNTY HEALTH FACILITIES CORPORATION AND PROVIDING FOR THE APPROVAL OF THE BONDS FOLLOWING A PUBLIC HEARING ON THE FINANCING OF SUCH PROJECT (the 'Resolution') was introduced for the consideration of the Governing Body It was then duly moved and seconded that said Resolution-be adopted and, after due discussion, said motion, calling with it the adoption of said Resolution, prevailed and carried by the following votes: 9 ayes ~ nays -~ abstentions 3 The attached and following is a true, correct and complete copy of said Resolution, the original of said Resolution is on file in the official records of the City• and said Resolution has not been amended and is in full force and effect. 2~ 4 Wntten notice of the date, hour place and subject of the meeting of the Governing • Body was posted for at least seventy-two (72) hours preceding the convening of such meeting on a bulletin board located at a place convenient to the public at the meeting place of the Governing Body• such place of posting was readily accessible to the general public at all times from such time of posting until the convening of such meeting; and such meeting was open to the public as required by law at all times during which the Resolution and the subject matter thereof was discussed, considered and formally acted upon, all as required by the Open Meetings Law V T C.A. Government Code Chapter 551 as amended. WITNESS MY HAND AND THE OFFICIAL SEAL OF THE CITY this ~ day of January 2000 Gloria Pearson `'~~' ~' City Secretary ~, %° ° ~; w ,~=- .~~ ;: .~ .CJ' y ,~~ ~y -'~""r :[SEAL] ~i z.~ ~ . ~.~ .~ ._