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Home My WebLink AboutR2012-0241lcodadldepartmentsllegal\our documents�resolutions1121resolution - lutheran social serv-nelson children's treatment center res final.doc RESOLUTION NO. R2012-024 RESOLUTION APPROVING THE ISSUANCE OF REVENUE BONDS BY THE HOUSING FINANCE DEVELOPMENT CORPORATION (HFDC) OF CENTRAL TEXAS, INC. (LUTHERAN SOCIAL SERVICES OF THE SOUTH OBLIGATED GROUP PROJECT), SERIES 2012 IN AN ESTIMATED AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $24,000,000; RECOGNIZING THAT THE CITY OF DENTON IS NOT RESPONSIBLE FOR ISSUING THE BONDS AND HAS NO FINANCIAL OBLIGATION TO PAY ANY PRINCIPAL OR 1NTEREST ON THE BONDS; MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Health Facilities Development Act, Chapter 221, Texas Health and Safety Code (the "Act"), authorizes and empowers the HFDC of Central Texas, Inc. (the "Issuer") to issue revenue bonds on behalf of the City of Hubbard, Texas (the "Issuing Unit") to finance and refinance the costs of health facilities found by the Board of Directors of the Issuer to be required, necessary or convenient for health care, research and education, any one or more, within the Sate of Texas and in furtherance of the public purposes of the Act; and WHEREAS, Lutheran Social Services of the South, Inc., a Texas nonprofit corporation (the "User") proposes to obtain financing and refinancing from the Issuer from a portion of the proceeds of the Issuer's Revenue Bonds (Lutheran Social Services of the South Obligated Group Project), Series 2012 (the "Bonds") issued pursuant to the Act for the costs of certain health facilities consisting of the Nelson Children's Treatment Center, a 65-bed residential treatment facility for emotionally disturbed children and adolescents, located at 4601 Interstate 35 North, Denton, Texas 76207 (the "Project"); and WHEREAS, the Project will be located within Denton, Texas (the "City") and outside the limits of the Issuing Unit; and WHEREAS, the User has requested the City to give its approval with regard to the issuance of the Bonds solely for the purpose of satisfying the provisions of Section 147(� of the Internal Revenue Code of 1986 as amended and Section 221.030 of the Act and for no other purposes whatsoever; and WHEREAS, Section 147( fl of the .Internal Revenue Code of 1986 as amended requires that the consent of a governmental unit in which the Project is located be obtained prior to use the of bond proceeds to finance or refinance the Project; and WHEREAS, the City is willing to consider the User's request in order that the Bonds may be issued; and WHEREAS, a public hearing was conducted on August 21, 2012, following a publication of notice thereof in the Denton Record-Chronicle, a newspaper of general circulation in the City, at least 14 days prior to the date of the public hearing; and WHEREAS, the City now desires to approve the issuance by the Issuer of the Bonds; NOW, THEREFORE, s:llegallour documentslresolutions\121resolution - lutheran social serv-nelson children's treatment center reso.doc THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. Solely for the purpose of satisfying the provisions of Section 147( fl of the Internal Revenue Code of 1986 as amended, and Chapter 221.030 of the Act, the City hereby consents to and approves the issuance of the Bonds. SECTION 2. This resolution is passed based on the express understanding and representation by the User that the Bonds do not and will not constitute in any way a liability or obligation of the City in any manner whatsoever. SECTION 3. This resolution shall become effective immediately upon its passage and approval, PASSED AND APPROVED this the �%�� day of �� , 2012. ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: AP OVED A O LEGAL FORM: ANITA BURGESS, CITY ATTORNEY � BY: Page 2 MARK A�BUI�UGH�S, MAYOR s:llegallour documentslresolutions112�resolution - lutheran social serv-nelson children's treatment center reso.doc CERTIFICATE FOR RESOLUTION THE STATE OF TEXAS THE CITY OF DENTON I, the undersigned City Secretary of DENTON, TEXAS (the "City"), hereby certify as follows: 1. �he City Council (the "Council") of the City convened in REGULAR MEETING ON THE�� DAY OF AUGUST, 2012, at its regular meeting place at Denton, Texas (the "Meeting"), and the roll was called of the duly constituted officers and members of the Council. 1 mem e s of the Council were present, except the following: , thus constituting a quorum, whereupon among other business, the fol owirig was transacte at the Meeting, a written: RESOLUTION APPROVING THE ISSUANCE OF HFDC OF CENTRAL TEXAS,INC. REVENUE BONDS (LUTHERAN SOCIAL SERVICES OF THE SOUTH OBLIGATED GROUP PROJECT), SERIES 20121N AN ESTIMATED AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $24,000,000; RECOGIVIZING THAT THE CITY OF DENTON HAS NO FINANCIAL OBLIGATION TO PAY ANY PRINCIPAL OR INTEREST ON THE BONDS; MAKING CERTAIN FINDINGS 1N CONNECTION THEREWITH; AND PROVIDING AN EFFECTIVE DATE. (the "Resolution") was duly introduced for the consideration of the Council. It was then duly moved and seconded that the Resolution be adopted; and, after due discussion, such motion, carrying with it the adoption of the Resolution prevailed and carried by the following votes: AYES: (P NOES: CJ ABSTENTIONS: C� 2. A true, full, and correct copy of the Resolution adopted at the meeting described in the above and foregoing paragraph is attached to and follows this Certificate; the Resolution has been recorded in the City's minutes of the Meeting pertaining to the adoption of the Resolution; the members of the Council were duly and sufficiently notified officially and personally, in advance, of the time, place, and purpose of the Meeting, and that the Resolution would be introduced and considered for adoption at the Meeting and each such officers and members consented, in advance, to the holding of the Meeting for such purpose; and the Meeting was open to the public, and public notice was given, all as required by Chapter 551, Texas Government Code. SIGNED AND SEALED THI�� DAY OF AUGUST, 2012. [SEAL] �� , / / � i , _�/ L_ _,I _ . .� _ �,'� ' '� - �- •� , Page 2 MINUTES OF PUBLIC HEARING As the designated representative of HFDC of Central Texas, Inc., I hereby certify that I held a public hearing at 2:00 p.m. on August 21, 2012 at Nelson Children's Treatment Center, 4601 Interstate 35 North, Denton, Texas 76207 relating to the issuance by HFDC of Central Texas, Inc. of its Revenue Bonds (Lutheran Social Services of the South Obligated Group Project), Series 2012 (the "Bonds"). I called the meeting to order at 2:00 p.m. and declared that a public hearing, required under Section 147(� of the Internal Revenue Code of 1986 was open for the purpose of accepting public cornment and/or discussing the Bonds and the project to be financed, refinanced or constructed with the proceeds of the Bonds by Lutheran Social Services of the South, Inc. (the "Proj ect"). I declared that notice of the hearing was published on August 4, 2012 in the Denton Record-Chronicle, a newspaper of general circulation in Denton, Texas, as evidenced by the Proof of Publication attached hereto as Exhibit A. I proceeded to hold the public hearing and comments and discussions related to the Bonds and Project are summarized in Exhibit B hereto. After sufficient time was given for all present to make their comments with respect to the Bonds and Project, I declared the public hearing closed. Dated: August 21, 2012. �� William C. Blount I further certify that I did not receive any written comments prior to the. date of the public hearing. �l� ^ �, William C. Blount {01995133.DOCX / } EXHIBIT A Affidavit of Publication {01995133.DOCX/ } ?41gt15's�rq:)Va=c ;5li:Si'�.�%�L?:a�?-�i5 r'Y74` �-1:71FS�S::Y �:Su.tis"�8-t� .7.�'�, 314 E. Hlckory P.O. Box 369 Denton, TX 76202 940-387-3811 Publication(s): Denton Record-Chronicle PROOF OF PUBLICATION Beiag duly sworn (s�he is the Pu6lisherJautharized d2signee of the Danton Record�hronicle, in Cily of Dentanlsurroundiog areas in Denton Couniy; Newapaper of geneml circulatian which has been continuously and regularly pubfished for a period af not less than one year preceding fhe date of the attached notice, and ihat the said notice was pu6lished in said newapaper an the following dates. Publication of a neighborhood newspaper hegan on May 7, 2005: 6ewisvillelFlower Moundl HighlandVillaga NeighborsGo (name changed from Southem DeMon County Neigh6ors effect(ve 12/2008) 08lOM2012 (signature ofAuthorized Designee) Subscrib d and sworn to before me this � day of �rT by �� 'Z,� 1� _ t-�s� 1\ ��5d� (prinled name of Designee) , V`ftness �ny ha7d and o�cial seai: (signature of notary ublic) Notary Public, ounty, Texas �pPPY PU��n JULIE K. HAMMOND ,, * Notary Public �'� �.y State of Texas '''�oF�� My Comm. Expires 1-5-2016 NAMAN, HOWELL, SMETH & I.EE, PLLC 8310 N. CAPiTAL OF TEXAS HIGHWAY, SUfTE 490 AUSTIN, TX 78731 � Ad Number: 000085991401 Price: $4D.20 Ad Copy: FUBLIG HERHING N0710E A pu61ic henring aill he heN 5y WNiam C. Blounk, designatad represenlafiva of HfDC of Central Texas, lnc., a12:00 p.m. on August 21, 2012 at 4601 Inteislele 35 Nonh, Uenton, Taxas 76207. Among Items to he discussed will be a proposal forissuance by U�e NFDC oi Centml Texas, Inc (Ihe 'Issuar} of its Revenue Boads �Lulheran Sociat Services atthe South Obligated Group Project), Series 2012 in ane ot rtrore series (U�e'Bonds"} in an estimated e9ee� $24 0 �,O�OIO�to the �t � purpose of, among:olher dtings, (a) rehinding all or a porlion ot lhe �.csuers $21,300,006 Revenue Bonds, Series 2UO4 (Lutheran 6ocial SanAces of Ihe Soulh, Inc.ObllgatetlGroup Pra�ect) (the 'Prior Bonds'j, lhe proseeds bf which tivere used la finance and relinance Ute costs ol acquisiGon and consVU�on of ceAaln healtfi cure lacilifies owned and operatetl 4y Lufheran Social Services of.the 5outh, Ine., or its aKiliat�s ('Luf�eren'j, in- cluding Naleon Ch�d�n's Trealmei� Center, a b5-0ed residenfial irealment facility tor emolbn�lly dis{drbed children and addescents, Jocated at M1601 Inlarstate 35 Nadh„�e�tm, 7exas76207 (the'Prqec!'}, (bj fitnding any requfretl de6tservtce reserves� (c), pay�ng interest qn all ar a pofion of the 9onds and (d) payfng costs of issuing the aa,ds. Mernhers of the general putilic may attend or submit wr�ten commenls to Wilfam C. 8lount, 83i0 Caplal of Texes Highway Norlh. Suite 490, Ausiin, TeKas, 7873t, (612) 479-0300 prior lo the hearing regarding the Prajecl orfhe Bonds. DfiC 8/�112ot2 EXHIBIT B Public Comment No member of the public attended the public hearing, therefore no public comment was received or discussions had regarding the Bonds or the Project. {01995133.DOCX/ }