The URL can be used to link to this page

Home My WebLink About1985-09-18-0930AM-Specialor o r S ' i YI t• r, ' J r ' S 1 RESOLUTION APPROVING RESOLUTION AUTHORIZING BRAZOS COUNTY HEALTH FACILITIES DEVELOPMENT CORPORATION HEALTH FACILITIES DEVELOPMENT REVENUE BONDS, SERIES 1985 (BUTLER-PAULOS PARTNERSHIP PROJECT); A LOAN AGREEMENT; A TRUST INDENTURE; AND OTHER DOCUMENTS AND MATTERS IN CONNECTION THEREWITH t I WHEREAS, the Brazos County Health Facilities Development-Corporation (the 'Issuer") was created by the Commissioners Court (the "Governing Body") of Brazos County, Texas (the "Unit") pursuant to the provisions of the Health Facilities Development Act, Article 1528j, Vernon's Texas Civil Statutes, as amended (the "Act"); and WHEREAS, at least fourteen (14) days prior to the issuance of the Bonds by the Issuer, the Issuer filed with the Governing Body a full and complete description of the Project, including an explanation of the projected costs of and the necessity for the Project and the name of the User, all of which information has been public information open to public inspection; and WHEREAS, on September 18, 1985, the Issuer held a public hearing with respect to the Bonds and the Project to be financed with the proceeds of the Bonds following publication of notice in compliance with Section 103(k) of the Internal Revenue Code of 1954, as amended (the "Code"), and the Issuer has provided information with respect to such public hearing to the Governing Body of the Unit; and WHEREAS, the Board of Directors of the Issuer has found that the Project (i) is suitable for the expansion and improvement of health facilities needed for the purpose of improving the adequacy, cost and accessibility of health care, research and education within the State of Texas and (ii) is required, necessary or convenient for health care, research and education, any one or more, within the State of Texas; and WHEREAS, the Governing Body is the elected legislative body of the Unit, and a report of the public hearing was submitted to the Governing Body and such report has been reviewed by the Governing Body; and WHEREAS, Section 103(k) of the Code requires that the "applicable elected representative", which with respect to the Bonds is the Governing Body, approve the Bonds prior to issuance; and WHEREAS, Section 103(n) of the Code requires that certain "private activity bonds" (as defined in such Section) must come within the issuing authority's private activity bond limit for the applicable calendar year in order to be treated as a tax-exempt obligation; and a r t t ~y A { ii' IO PAG E -3- I „ i t. -F=7` - - - - ..,w.!.°..,' ...lo=.%•tg,:-=.FL:'~" iGCiw..' L"'"'..a" +~+~~wm" Tay.. .,w~,: ...:..:1.+~-' ._:~~'.__-urr '4 Imo, . . Tom.- - - ~ r c. f IIK~' • - . 1 I ~ WHEREAS, the private activity bond limit for the State of Texas has been allocated for 1985, in the manner authorized by Section 103(n) of the Code, by the Governor of Texas as provided in Executive Order MW-27B ("MW-27B"); and WHEREAS, MW-27B requires the Issuer to file a notification of its present intent to deliver an issue of such "private activity bonds" with the Texas Economic Development Commission, setting forth the maximum face amount of the Bonds, the purpose of the Bonds and the Section of the Code applicable to the Bonds in order to reserve a portion of the 1985 private activity bond limit for the State of Texas (the "Allocation") for the issuance of the Bonds; and I WHEREAS, the Allocation is made to the Unit, but the Unit will assign the Allocation to the Issuer; and WHEREAS, it is deemed necessary and advisable that this Resolution be adopted; THEREFORE, BE IT RESOLVED BY THE COMMISSIONERS COURT OF BRA20S COUNTY, TEXAS THAT; Section 1. The Resolution Authorizing Brazos County Health Facilities Development Corporation Health Facilities Development Revenue Bonds, Series 1985 (Butler-Paulos Partnership Project); a Loan Agreement; a Trust Indenture; and Other Documents and Hatters in Connection Therewith, adopted by the Issuer on September 18, 1985 (the "Resolution"), a copy of which is attached hereto as Exhibit "A" and made a part hereof for all purposes, is hereby specifically approved. Section 2. The Governing Body hereby specifically approves (i) the Bonds as required by Section 103(k) of the Code and (ii) the project (the "Project") and the Governing Body finds (A) the Project to be required, necessary or convenient for health care, research and education, any one or more, within the State of Texas and the Unit, (B) the Project and the Bonds are in the public interest and in furtherance of an important public purpose and (C) the present and prospective health, safety and general welfare of the people of the State of Texas and the Unit require the providing by health facilities, as defined in the Act, of adequate, reasonable and accessible health care, research and education; that such health facilities in many portions of the State of Texas and the Unit are presently obsolete, inadequate or sufficient in number; and that the cost of health care, research and education within the State of Texas and the Unit has in many cases become excessive. Section 3. The approval herein given is not to be construed as any undertaking by the Unit, and such bonds shall never constitute an indebt- edness or other obligation of the State of Texas, the Unit, the Governing Body 1\ -4- V®L 5 _PAGE 5- A I ' l . t 'dt:_^..1.T1•`~w.r~wV"i a-n-ramre.iNw~a=- 1hS _:'~++-•iw a+~n"•,+~'..... •-.~'tLv:dL :.T_'yyr++~.:wr~v'_`..'+".~y, si•~'$~L~~?':L'-c..i~~~ 1 I .1. { 1 .'.S mss'` e/ • :i r ~ A I ~ / a; i NI, may... , _ -a- - , - - - , . - - • - - - - _ 1 I • 1.1.4 k fA + ►:85 MIS 29 PI 11: 31 ` C;,JNTYCLERK MANS t' 'y+',Y (ItQU"E BR.AZOS COUNTY BRYAN. TWXA9 i AGENDA FOR COMMISSIONERS' COURT MEETING - WEDNESDAY, SEPTEMBER 18, 1985, 9:30 A.M. Approve action of the Brazos County Health Facilities Development Corporation. I f. 5 I 1 i I l I i j , 11 1 t• j COMMISSIONERS' COURT ! SPECIAL MEETING SEPTEMBER 18, 1985 a The Commissioners Court met in special session on Wednes- day, September 18, 1985, at the Brazos Center, 3232 Briarcrest Drive, Bryan, Texas, at 9:30 A.M., with the following members v 3 of the Court present: R. J. Holmgreen, County Judge, presiding: f Bill J. Cooley, Commissioner of Precinct 1; Walter Wilcox, Commissioner of Precinct 2; Billy E. Beard, Commissioner of Precinct 3; Milton Turner, Commissioner of Precinct 4; Frank Boriskie, County Clerk. The following citizens and officials were in attendance: r V. E. Paulos R. B. Butler, Inc. R. B. Butler R. B. Butler, Inc. Meredith Murphy Channel 3 Cindy Price WTAW Bob Collie, Jr. Atty.Mayor,Day & Caldwell Theodore J. Lee Atty.Mayor,Day & Caldwell Bill Thornton Atty.Lawrence, Thornton, Watson & Kling The Court considered a RESOLUTION APPROVING RESOLUTION AU- THORIZING BRAZOS COUNTY HEALTH FACILITIES DEVELOPMENT CORPORATION HEALTH FACILITIES DEVELOPMENT REVENUE BONDS, SERIES 1985 (BUTLER- PAULOS PARTNERSHIP PROJECT); A LOAN AGREEMENT: A TRUST INDENTURE; ; AND OTHER DOCUMENTS AND MATTERS IN CONNECTION THEREWITH. On motion by Commissioner Beard, seconded by Commissioner Wilcox, the ' Court voted unanimously to adopt the Resolution. A full copy is attached hereto and made a part of these minutes. There being no further business the meeting was adjourned. j i i I .I ~ S i 1 J VO L ~ PAGE ~ .....c... .,ra, _ _ - "~'F~"-~'°~_-~:';5~^r~cC9',G.:'fcY~.'r....~..w- ee.w,.~ 1. a .~.`-"~"'-To.~~ ~ I~ I r i I I ~ • The foregoing minutes have been examined and approved in t open Court this the day of ~g~~%~u=f j 19 in Bryan, Brazos County, Texas. f o reen Bill J. o ey County J dge Coffins oner, Precin t 1 • I i 1 Walter Wilcox Billy- ear cr A~~p Commissioner, Precinct 2 Commi over, Precinct 3 i i ~ S• Milton Turner Fran Boriskie { Commissioner, Precinct 4 County Clerk I ,i i i I i .1 1 I, e \ , i VOL PAG 13 ~1 .IF ~ .,.~\11' y".ti .•1 ^7• f , ~.~a~.~.4. x ua..~....`._..- ~ I C - ~ 411 I , ~ trf I or any other political subdivision or agency of the State of Texas or a pledge l of the faith and credit of any of them, within the meaning of any constitu- tional or statutory provision, and the holder of such 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 Issuer, the State of Texas, the Unit, the Govern- ing Body or any other political subdivision or agency of the State of Texas except those revenues assigned and pledged by the Resolution. Section 4. The Allocation is hereby assigned and transferred to the Issuer pursuant to MK-27B. Section 5. The programs and expenditures authorized and contem- plated by the aforesaid documents are hereby in all respects approved. Section 6. The officers of the Unit 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. 81%ay of September, 1985. PASSED AND APPROVED this./ Y 0985054 WPOS30 I WOL PAGE -S- , r. 9 ,