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HomeMy WebLinkAboutOrd 257 Creating a Municipal Hospital AuthorityORDINANCE 257 AN ORDINANCE CREATING A MUNICIPAL HOSPITAL AUTHORITY, APPOINTING THE INITIAL BOARD OF DIRECTORS THEREOF, AND RESOLVING RELATED MATTERS. WHEREAS, the Hospital Authority Act (the "Act'), Chapter 262 of the Health & Safety code, authorizes a Town to create a municipal hospital authority if the governing body of the Town determines such creation to be in the best interest of the City and its residents; WHEREAS, on behalf of the Town of Westlake, Texas (the "Town'), the Board of Aldermen (the `Board") is considering the creation of a municipal hospital authority (such hospital authority, the "Authority") pursuant to the Act; WHEREAS, the Authority would be a body politic and corporate having no taxing power; WHEREAS, the Board hereby finds that the creation of the Authority is in the best interest of the Town and its residents; WHEREAS, the Board, by the adoption of this Ordinance, hereby intends, and directs the official of the Town, to take all action necessary to create the Authority pursuant to the Act; WHEREAS, under the Act the Authority may acquire, own, and operate health care facilities and facilities related to providing health care and contract with private companies to manage such facilities; WHEREAS, the Town intends that the Authority have and exercise all powers authorized under the Act and other relevant law; WHEREAS, it is the intent of this Board that this Ordinance not be construed or applied in any manner that would adversely affect the creation or existence of the Authority; WHEREAS, the meeting at which this Ordinance has been considered was open to the public as required by law, and public notice of the time, place, and subject of the meeting has been given in accordance with Chapter 551, Government Code; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: Findings. The statements and findings in the preamble of this Ordinance are hereby adopted and made part of this Ordinance. SECTION 2: Creation. This Board of Aldermen hereby creates a municipal hospital authority pursuant to the Act and designates the name of such hospital authority to be "Lone Star Hospital Authority." Ordinance Creating a Municipal Hospital Authority Page 2 SECTION 3: Appointment of Board of Directors. The Board of Directors of the Authority shall consist of seven members identified on Exhibit A, attached to this Ordinance (which is hereby incorporated and made a part hereof), none of whom is an officer or employee of the Town, are hereby appointed as the initial directors of the Authority. The respective directors of the Authority shall serve two years for two -terms and until their successors are appointed and assume office. SECTION 4: Disposition of Assets of Authority. All assets of the Authority that are not subject to any lien or pledged to secure any lawful obligation of the Authority shall be applied or disposed of by the Board of Directors of the Authority at the direction of the vote of a majority of the Board of Aldermen. SECTION 5: Severability. If any provision in this Ordinance is held unenforceable by a court of competent jurisdiction, this Ordinance shall remain operable to the fullest extent permitted by law. SECTION 6: No Adverse Affect on Authority. No provision of this Ordinance shall be effective to the extent that such provision adversely affects the validity of the creation and existence of the Authority under the Act and the general laws of the State of Texas. SECTION 7: Time of Effect. This Ordinance shall take effect immediately upon its adoption. PASSED AND APPROVED ON THE 14TH DAY OF OCTOBER, 1996. r� Scott Bradlef, Mayor ATTEST: d Ginger C • wy, Town Secretar APPROVED AS TO FORM: Paul C. Isham, Town Attorney Exhibit A Initial Directors of Board of Directors of Lone Star Hospital Authority Name 1. Worth Blake 2. Jim Truitt 3. Vicki Truitt 4. Ed Baker 5. Dr. Nathan Graves 6. Jerry Dinsmore 7. Colleen Greenwood 8. Jerry Johnson 9. Abe Bush, Jr. 10. Craig Bradshaw 11. Barbara Griggs Address MINUTES AND CERTIFICATION On October 14, 1996 the Board of Aldermen (the "Governing Body") of the Town of Westlake, Texas convened in regular meeting at its regular meeting place in Westlake, Texas. The roll of the duly constituted officers and members of the Governing Body was called, which are as follows: Name Title Scott Bradley Mayor Alvin Oien Alderman Carroll Huntress Alderman Jerry Moore Alderman Howard Dudley Alderman Fred Held Alderman all of whom were present except the following absentee(s): thus constituting a quorum. Among other business, a written Ordinance bearing the following caption was introduced: An Ordinance Creating a Municipal Hospital Authority, Appointing the Initial Board of Directors Thereof, and Resolving Related Matters The Ordinance was read by the Governing Body. After due discussion, it was duly moved and seconded that the Ordinance be adopted. The Presiding Officer put the motion to a vote of the Governing Body, and the Ordinance was adopted by the following vote: AYES: NOES: ABSTENTIONS: n The Presiding Officer then declared the Ordinance to be adopted. MINUTES APPROVED AND CERTIFIED TO BE TRUE AND CORRECT and to correctly reflect the duly constituted officers and members of the Governing Body, and the attached copy of the Ordinance is hereby certified to be a correct copy of an official copy thereof, on File among the official records of the Governing Body, on this October 14, 1996. TOWN OF WESTLAKE By: r /thAa_� Ginger 06sswy Town Secretary [SEAL] FiMDAL:46966.1 29941-00001 AN ORDINANCE CREATING A MUNICIPAL HOSPITAL AUTHORITY, APPOINTING THE INITIAL BOARD OF DIRECTORS THEREOF, AND RESOLVING RELATED MATTERS WHEREAS, the Hospital Authority Act (the "Act"), Chapter 262 of the Health & Safety Code, authorizes a town to create a municipal hospital authority if the governing body of the town determines such creation to be in the best interest of the city and its residents; WHEREAS, on behalf of the Town of Westlake, Texas (the "Town"), this Board of Aldermen (the "Board") is considering the creation of a municipal hospital authority (such hospital authority, the "Authority") pursuant to the Act; WHEREAS, the Authority would be a body politic and corporate having no taxing power; WHEREAS, the Board hereby finds that the creation of the Authority is in the best interest of the Town and its residents; WHEREAS, the Board, by the adoption of this Ordinance, hereby intends, and directs the officials of the Town, to take all action necessary to create the Authority pursuant to the Act; WHEREAS, under the Act the Authority may acquire, own, and operate health care facilities and facilities related to providing health care and contract with private companies to manage such facilities; WHEREAS, the Town intends that the Authority have and exercise all powers authorized under the Act and other relevant law; WHEREAS, it is the intent of this Board that this Ordinance not be construed or applied in any manner that would adversely affect the creation or existence of the Authority; WHEREAS, the meeting at which this Ordinance has been considered was open to the public as required by law, and public notice of the time, place, and subject of the meeting has been given in accordance with Chapter 551, Government Code; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1. Findings. The statements and findings in the preamble of this Ordinance are hereby adopted and made part of this Ordinance. SECTION 2. Creation. This Board of Aldermen hereby creates a municipal hospital authority pursuant to the Act and designates the name of such hospital authority to be "Lone Star Hospital Authority. " SECTION 3. Appointment of Board of Directors. The Board of Directors of the Authority shall consist of seven members identified on Exhibit A, attached to this Ordinance (which is hereby incorporated and made a part hereof), none of whom is an officer or employee of the Town, are hereby appointed as the initial directors of the Authority. The respective directors of the Authority shall serve two year for two -terms and until their successors are appointed and assume office. SECTION 4. Disposition of Assets of Authority. All assets of the Authority that are not subject to any lien or pledged to secure any lawful obligation of the Authority shall be applied or disposed of by the Board of Directors of the Authority at the direction of the vote of a majority of the Board of Aldermen. DFFOD5E2 (27084/1) SECTION 5. Severability. If any provision in this Ordinance is held unenforceable by a court of competent jurisdiction, this Ordinance shall remain operable to the fullest extent permitted by law. SECTION 6. No Adverse Affect on Authorirv. No provision of this ordinance shall be effective to the extent that such provision adversely affects the validity of the creation and existence of the Authority under the Act and the general laws of the State of Texas. SECTION 7. Time of Effect This Ordinance shall take effect immediately upon its adoption. DEEOD5E2 (27084/1) -2- Exhibit A Initial Directors of Board of Directors of Lone Star Hospital Authority Name 1. Worth Blake 2. Jim Truitt 3. Vicki Truitt 4. Ed Baker 5. Dr. Nathan Graves 6. Jerry Dinsmore 7. Colleen Greenwood 8. Jerry Johnson 9. Abe Bush, Jr. 10. Craig Bradshaw 11. Barbara Griggs Address