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Ord 2363 10/23/1967 CERTIFICATE FOR RESOLUTION AND ORDINANCE N0; 'J • AUTHORIZING CITY OF WICHITA FALLS, TEXAS, HOSPITAL CONTRACT THE STATE OF TEXAS • COUNTY OF WICHITA CITY OF WICHITA FALLS : We, the undersigned officers of the City of Wichita Falls, Texas, hereby certify as follows : 1. The Board of Aldermen of sa}}'d City convened in REGULAR MEETING ON THE D-DAY OF OCTOBEg 1967, at the City Hall, and the roll was called of the duly constituted officers and members of said Board of Aldermen, to-wit: Wilma Thomas , City Clerk R. C. Rancier, Mayor R. Kenneth Hill S. M. Lyons James M. Davis Leroy Daniel Max Kruger Cletus C. Schenk and all of said ersons were pres nt, except the following absentees : , thus consti- tuting a quorum. ereupon, among other business, the following was transacted at said Meeting: a written RESOLUTION AND ORDINANCE NO.2' AUTHORIZING CITY OF WICHITA FALLS, TEXAS, HOSPITAL CONTRACT was duly introduced for the consideration of said Board of Aldermen and read in full. It was then duly moved and seconded that said Resolution and Ordinance be adopted and passed as an emergency measure; and, after due discussion, said motion, carrying with it the adoption and passage of said Resolution and Ordinance as an emergency measure, prevailed and carried by the following vote: YEAS: All members of said Board of Aldermen shown present above voted "Yea." NAYS: None. 2. That a true, full, and correct copy of the aforesaid Resolu- tion and Ordinance adopted and passed at the Meeting described in the above and foregoing paragraph is attached to and follows this Certi- ficate; that said Resolution and Ordinance has been duly recorded in said Board of Aldermen's minutes of said Meeting; that the above and foregoing paragraph is a true, full, and correct excerpt from said Board of Aldermen's minutes of said Meeting pertaining to the adoption an passage of said Resolution and Ordinance; that the persons named in the above and foregoing paragraph are the duly chosen, qualified, and acting officers and members of said Board of Aldermen as indicated therein; and that each of the officers and members of said Board of Aldermen was duly and sufficiently notified officially and personally, in advance, of the time, place, and purpose of the aforesaid Meeting, and that said Resolution and Ordinance would be introduced and con- sidered for adoption and passage at said Meeting, and each of said . officers and members consented, in advance, to the holding of said Meeting for such purpose; and that said Meeting was open to the public as required by law. 3. That the Mayor of said City has approved, and hereby approves, the aforesaid Resolution and Ordinance; that the Mayor and the City Clerk of said City have duly signed said Resolution and Ordinance; and that the Mayor and the City Clerk of said City hereby declare that their signing of this Certificate shall constitute the signing of the attached and following copy of said Resolution and Ordinance for all purposes. SIGNED AND SEALED the o4(day of Octo.-r •'67. 449r. C 'ty Clerk M.yor (SEAL) RESOLUTION AND ORDINANCE NO. QZ G AUTHORIZING CITY OF WICHITA FALLS, TEXAS HOSPITAL CONTRACT WHEREAS, the "Wichita County-City of Wichita Falls , Texas, Hospital Board" (hereinafter called the "Hospital Board") has been jointly created by Wichita County, Texas, (hereinafter called the "County") and the City of Wichita Falls, Texas, (hereinafter called the "City") , pursuant to Vernon's Article 4494i-1, as a separate and independent public agency and body politic, to constitute a joint agent of the County and the City for hospital purposes, and to act solely for the joint benefit of the County and the City; and WHEREAS, the Hospital Board is authorized to acquire, operate, and maintain public hospital facilities , and to provide public hospital facilities and services for residents of the County and the City; and WHEREAS, all of the hospital facilities formerly owned by the County and by the City (including the Wichita General Hospital) have been conveyed and transferred to said Hospital Board; and WHEREAS, the Hospital Board proposes to acquire, improve, enlarge, furnish, and equip its hospital facilities through the issuance of bonds, to aid in providing adequate public hospital services; and WHEREAS, said bonds will be secured by and payable from the revenues, income, and resources of the Hospital Board; and WHEREAS, the County and the City, respectively, are authorized to enter into contracts with the Hospital Board for they care and treatment of indigent or needy patients, and for other • hospital services and facilities; and WHEREAS, the City recognizes the necessity for making provision for the care and treatment of indigent or needy patients residing in the City, and for necessary hospital services and facilities in connection therewith; and WHEREAS, it is necessary that the City enter into a con- tract with the Hospital Board to provide for such care., treatment, and hospital services and facilities; and WHEREAS, it is recognized that the County also is enter- ing into a contract with the Hospital Board to provide for the care and treatment of inndigent or needy patients residing in the County, and for necessary hospital services and facilities in connection therewith. IT IS THEREFORE RESOLVED AND ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS: 1. That for and on behalf of the City of Wichita Falls, Texas, the Mayor of the City of Wichita Falls is hereby authorized and directed to sign, and the City Clerk of the City ,of Wichita Falls -1- is hereby authorized and directed to attest and seal, the City of Wichita Falls, Texas, Hospital Contract, in substantially the form set forth in "Exhibit A", which is attached hereto and made a part hereof for all purposes. 2. That upon execution of such Hospital Contract as aforesaid it shall be irrevocably binding upon the City of Wichita Falls and its Board of Aldermen. 3, That for the current year and each year hereafter the Board of Aldermen of said City shall compute and ascertain a rate and amount of ad valorem tax which will be sufficient to raise and produce the amount of money necessary to make all payments required under said Hospital Contract; and said tax shall be based on the latest approved tax rolls of said City, with full allowance being made for tax delinquencies and the cost of tax collection. Said rate and amount of ad valorem tax is hereby levied, and is hereby ordered to be levied, against all taxable property in said City for the current year and each year hereafter during the term of said Hospital Contract, and said tax shall be assessed and collected each such year. The Board of Aldermen of said City heretofore has levied and ordered to be assessed and collected an ad valorem tax on all taxable property in the City for the purpose of raising and . producing an amount sufficient to make all payments due under said Hospital Contract during the period of December 1, 1967, through October 1, 1968. Said tax levy in such amount is hereby confirmed and said tax shall be collected and shall be appropriated and ap- plied for the purpose of making said payments. 4. This Resolution and Ordinance is hereby declared to be an emergency measure, to be effective immediately, on the ground of urgent public need for the preservation of the peace, health, and safety of property of the City, such emergency being that it is urgently needed for the Wichita .County-City of Wichita Falls, Texas, Hospital Board to begin operation of its hospital facilities and proceed with improving, enlarging, furnishing, and equipping same as soon as possible to preserve the public health. • � ..2w "EXHIBIT A" CI'T'Y OF WICHITA FALLS, TEXAS HOSPITAL CONTRACT WHEREAS, the "Wichita County-City of Wichita Falls, Texas, Hospital Board" (hereinafter called the "Hospital Board") has been jointly created by Wichita County, Texas, (hereinafter called the "County") and the City of Wichita Falls, Texas, (h ere- inafter called the "City") , pursuant to Vernon's Article 4494i-1, as a separate and independent public agency and body politic, to constitute a joint agent of the County and the City for hospital purposes, and to act solely for the joint benefit of the County and the City; and WHEREAS, the Hospital Board is authorized to acquire, operate, and maintain public hospital facilities , and to provide public hospital facilities and services for residents of the County and the City; and WHEREAS, all of the hospital facilities formerly owned by the County and by the City (including the Wichita General Hospital) have been conveyed and transferred to said Hospital Board; and WHEREAS, the Hospital Board proposes to acquire, im- prove, enlarge, furnish, and equip its hospital facilities through the issuance of bonds, to aid in providing adequate public hos- pital services; and WHEREAS, said bonds will be secured by and payable from the revenues, income, and resources of the Hospital Board; , end WHEREAS, the County and the City, respectively, are authorized to enter into contracts with the Hospital Board for the care and treatment of indigent or needy patients , and for • other hospital services and facilities; and WHEREAS, the City recognizes the necessity for making provision for the care and treatment of indigent or needy patients residing in the City, and for necessary hospital services and • facilities in connection therewith; and WHEREAS, it is necessary that the City enter into a contract with the Hospital Board to provide for such care, treat- ment, and hospital services and facilities; and WHEREAS, it is recognized that the County also is entering into a contract with the Hospital Board to provide for the care and treatment of indigent or needy patients residing in the County, and for necessary hospital services and facilities e in connection therewith. THEREFORE, IT IS AGREED AND CONTRACTED BETWEEN THE CITY AND THE HOSPITAL BOARD, AS FOLLOWS: Section 1. That the term of this contract shall be for a period of ten years ,commencing on the 1st day of December, 1967, and ending on the 1st day of December, 1977 . Section 2. That during the term of this contract the Hospital Board agrees to operate and maintain the Wichita General Hospital, and all other hospital facilities under its control, for the use and benefit of the public, as joint agent for the County and the City, but the Hospital Board shall, as required by law, establish and collect sufficient charges for services and facilities, and utilize all other available sources of revenues and income in order to pay all expenses in connection with the ownership, operation, and maintenance of its hospital facilities, and to pay the principal of and interest on its bonds and to create and maintain reserves and any other funds required in connection with said bonds. The Hospital Board • also agrees to provide for the care and treatment of indigent or needy patients residing in the City, and for the necessary hospital facilities in connection therewith, at the Wichita General Hospital, or other hospital facilities under its con- trol, to the extent practicable with the hospital facilities and with the revenues , income, and resources available to it, includ- ing in those received from this contract. Section 3. That in consideration of the Hospital Board's agreements set forth in Section 2,above, the City agrees to pay the Hospital Board the annual sum of $80,000, payable in monthly installments of $6,666.67 on or before the first day of each month of each year during the term of this contract. Section 4. That during each year of the term of this contract, the City shall compute and ascertain a rate and amount of ad valorem tax which will be sufficient to raise and produce the aforesaid sum of $80,000, with full allowance being made for tax delinquencies and the cost of tax collection. Said rate and amount of ad valorem tax shall be levied by City, against all taxable property in the City, for each year during the term of this contract, and said tax shall be assessed and collected each such year and paid to the Hospital Board by City as required by this contract. Section 5. It is recognized that the purchasers of bonds of the Hospital Board will rely on the existence of this contract to provide the Hospital Board with revenues, income, and resources in the amount of $80,000 annually, and that the Hospital Board will pledge its revenues, income, and resources received from this contract to the payment of bonds, in accor- dance with law. Therefore, the parties hereto agree that the .,� payments required hereunder shall not be reduced during the term hereof. However, it is further recognized that in the event the parties hereto agree, this contract may be amended so as to provide for increased payments hereunder for addi- tional care and treatment of indigent or needy patients or for other hospital services or facilities; or in the alternative the parties hereto may enter into separate contracts providing for such additional care, treatment, services, or facilities. Section 6. In case any one or more of the Sections, provisions, clauses, or words of this contract shall for any reason be held to be' invalid, such invalidity shall not affect any other Sections, provisions, clauses, or words of this con- tract. EXECUTED this the day of October , 1967. CITY. OF W H TA 'LS, TEXAS 7 BY /�/ ay.' ATTEST: 6L : City Secretary (CITY SEAL) WICHITA COUNTY-CITY OF WICHITA FALLS, TEXAS, HOSPITAL BOARD BY Chairman ATTEST: Secretary (HOSPITAL BOARD SEAL) •