CC Resolution No. 1859 40
RESOLUTION NO. 1859
RESOLUTION BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
APPROVING THE ISSUANCE OF FIRST MORTGAGE NOTES (GOOSE CREEK
RETIREMENT COMMUNITY PROJECT) TAX EXEMPT SERIES 2007A AND
TAXABLE SERIES 2007B BY TARRANT COUNTY CULTURAL AND
EDUCATION FACILITIES FINANCE CORPORATION FOR GOOSE CREEK
RETIREMENT COMMUNITY, INC., AND PROVIDING FOR THE EFFECTIVE
DATE THEREOF.
WHEREAS, the Commissioners' Court of Tarrant County, Texas (the "County") has created the
Tarrant County Cultural Education Facilities Finance Corporation (the "Issuer"), as a cultural education
facilities finance corporation created and existing under the provisions of Article 1528m V.A.T.C.S. as
amended(the "Act"); and
WHEREAS, pursuant to the Act, the Corporation has the same powers, authority, and rights with
respect to health facilities that a health facility development corporation has with respect to health
facilities under Chapter 221,Health& Safety Code(the "Health Facilities Act"); and
WHEREAS, the Issuer intends to issue its Notes, (Goose Creek Retirement Community Project)
Tax Exempt Series 2007A and Taxable Series 2007B (the "Notes") in an aggregate principal amount not
to exceed$6,000,000; and
WHEREAS, not to exceed $6,000,000 of the proceeds of the Notes are to be loaned to Goose
Creek Retirement Community, Inc., a Texas nonprofit corporation described under Section 501(c)(3) of
the Internal Revenue Code of 1986, as amended(the "Code") to be used for the purposes described in the
Public Notice defined below (the "Project"), which Project will be located in the City of Baytown, Texas
(the"City"); and
WHEREAS, Section 147(o of the Code requires that the issuance of any "qualified 501(c)(3)
bonds" be approved by either the governing body of the County or chief elected executive officer of the
County and by either the governing body of the City or chief elected executive officer of the City after a
public hearing following reasonable public notice; and
WHEREAS, such approval was or will be obtained from the Commissioners Court of the County
contingent upon the City's approval; and
WHEREAS, the Issuer published notice of a public hearing on the issuance of the Notes (the
"Public Notice") in a newspaper of general circulation in the jurisdiction of the City as required by
Section 147(1) of the Code, a copy of the affidavit of publication of the Public Notice is attached hereto
as Exhibit A, and the comments received from the public at the-public hearing are summarized in Exhibit
B attached hereto;NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS:
Section 1: Solely for the purpose of satisfying the provisions of Section 147(0 of the
Internal Revenue Code of 1986 as amended, the City hereby approves the issuance of the Notes and the
Project to be financed thereby, as described in the Public Notice.
Section 2: The proceeds of the Notes are all being used to finance the Project. The sole user
of the Project is Goose Creek Retirement Community, Inc., a Texas nonprofit corporation.
41
Section 3: This Resolution is passed based on the express understanding and representation
by Goose Creek Retirement Community, Inc., and the Tarrant County Cultural Education Facilities
Finance Corporation that the Notes do not and will not constitute in any way a liability or obligation of
the City in any manner whatsoever, and do not and will not count against the City's bonding authority in
any way whatsoever. The Goose Creek Retirement Community, Inc., shall indemnify the City from all
liabilities regarding the Notes in a manner and form acceptable to the City Attorney.
Section 4: The City does not by this Resolution waive any requirement of the City relating
to the construction or acquisition of the Project, including but not limited to any requirement for building
permits or certificates of occupancy.
Section 5: This Resolution shall take effect immediately from and after its passage by the
City Council of the City of Baytown.
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INTRODUCED, READ and PASSED, by the affirmative vote of ffi City Council of the City of
Baytown this the 22"d day of May, 2007. i
STEP EN F DONCARLOS,Mayor
O �
�tt
R O Y City Clerk
APPROVED AS TO FORM:
G ACIO RAMIRLZ, SR., City tto ey
RAKaren\Files\City Counci11Reso1utionsU007\May 22\GeoseCreekRetiremenlCommunityFinaneing.DOC
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THE r]AYTIJWN ';UN
BAY I'OWN, TEXAS
AFFIDAVIT OF MIBL)t.;ATIC)N
BAYTOWN SUP)
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PREPAID ACC'T-CLASSIFIED DE^T I
TX 77520 I
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REFERENCE: 10000115
1628052 Propcj:.ed issuance bo {
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COUNTY OF HARRIS I
STA1F OF TEXAS
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Beeore me the underc-, lgn�-d author ty on t-hi�' daii:•
personally came and ap?zared __ _. ...---••---• - (
_ an agent for The )Raytown i.un, s
daily newspaper publishr-.d in Baytown, -lvxat. , and
who after being duly sworn, sayer th<st the attat.hed (
wa. published in The Baytown St.trt on:
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PUkLISHED t7N' Q5/07 05/10 I
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Fi rD ON' 05/10/07 I
$Wnl-ri and Gub=cribed befor•;.I e thi•, �._ da•y c:'
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YVETTE 0.OVIEDO S y
MY COMMISSION EXPIRES
NOVEMBER 2,2010
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Exhibit `B"
TARRANT COUNTY CULTURAL EDUCATION FACILITIES FINANCE CORPORATION
MINUTES OF PUBLIC HEARING
May 18,2007
The Tarrant County Cultural Education Facilities Finance Corporation (the "Corporation") held
its ]rearing, open to the public on Friday, May 18, 2007, at 4:30 p.m., at the Baytown City Hall,
2401 Market Street, Baytown, Texas 77521 for the proposes of issuing its tax-exempt health
facilities note styled "Tarrant County Cultural Education Facilities Finance Corporation Health
Facilities First Mortgage Notes (Goose Creek Retirement Community project), Tax Exempt
Series 2007A and Taxable Series 2007B" in the aggregate principal amount not-to-exceed
$6,000,000 (the "Bonds") in order to provide funds to finance a portion of the costs of the
acquisition and redevelopment of the former San Jacinto Methodist Hospital development
located at 1101 Decker Drive, Baytown, Texas 77520, for use as a continuing care retirement
community to be known as the Goose Creek Retirement Community,which facility shall be used
to further the public purpose of the Corporation by providing decent, safe and sanitary housing to
persons of low and moderate income and to assist in the maintenance of the public health
pursuant to the authority of the Texas Cultural Education Facilities Finance Corporation Act,
Vernon's Tex. Rev. Civ. Stat. Ann.Art. 1528m, as amended.
Present at the public hearing were: Mr. Lawrence Wallace, Ms. Sandra Miks, Mr. Jere
Johnson and Mr. Wayne Hanson, members of the Board of Directors of Goose Creek Retirement
Community, Inc. ("GCRC"); Mr. Randy Strong of Randall B. Strong, Attorney at Law
("Strong"), counsel for GCRC; Mr. Ellis E. Beckham of Grey Horse Construction Company,
Inc.; and Mr. Andrew P. Johnson, III of Johnson Radcliffe Petrov & Babbitt PLLC, hearing
officer.
Mr. A. Johnson called the public hearing to order at 4:32 p.m., and determined that notice
of the hearing had been properly published in the Baytown Sun on May 3, 2007. Notice was
published for the hearing to be held in Council Chambers; however the City Secretary had
requested that the hearing be moved to Room 118, a conference room. Mr. Johnson stated that
he and a City employee had placed a sign beside the door of Council Chambers with the number
of the conference room and an arrow directing the public to the conference room. Mr. Strong
went out into the hall and asked City employees if anyone had inquired about the hearing, and
inquired of members of the public in the foyer of City Hall if they were at City Hall for the
Goose Creek Retirement Community Hearing. All responded in the negative. Mr. Johnson also
noted that materials relating to the planned facility were on hand for review by the public, that
members of the Board of Directors of Goose Creek Retirement Community, Inc. and certain
consultants were in attendance to answer questions related to the project. Mr. A. Johnson again
requested that any members of the public with questions or comments about the Project come
forward at the time and thanked everyone for attending.
No members of the public came forward.
There being no further business the public hearing was closed by Mr. A. Johnson at 4:42
p.m.
S:\GoosaCmck\Bonds\Notc2007\Note 2007kTEFRA Flwring-minulm 54 MTdoc
Approved this 215t day of May,2007.
Andrew P. dol son, Hearing Officer
5:\Guose CmeMBundsNote 2007\Note 2007\TBFRA Hcuring-minulm 5-1B-07.doc