HomeMy WebLinkAboutOrdinance No. 129A
ORDINANCE NO.
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AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, CREATING A
HOSPITAL AUTHORITY; PROVIDING POWERS AND DUTIES OF THE HOSPITAL
AUTHORITY; DESIGNATING THE NAME OF THE HOSPITAL AUTHORITY:
APPOINTING THE BOARD OF DIR.ECTOR:S; PROVIDING A SEVERABILITY CLAUSE;
AND PROVIDING AN EFFECTIVE DATE.
Whereas, under the provisions of the Hospital Authority Act, Article 4437e,
the City Council is authorized to create a Hospital Authority and designate its name;
and
Whereas, the City Council has determined that it is to the best interest of
the City and its inhabitants to create such an authority; and
Whereas, such authority will have no taxing power and any notes or bonds
issued by the authority will not impose any financial obligation, responsibility, or
liability upon the City of The Colony at any time, NOW, THEREFORE,
TEXAS:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY
SECTION 1. The City Council hereby finds that it is to the best interest of
the City and its inhabitants to create a Hospital Authority for the City of The Colony,
Texas.
SECTION 2. The Hospital Authority shall comprise only the territory included
within the boundaries of the City of The Colony as presently existing and as hereafter
increased by annexation or otherwise. Such authority is a. body politic and corporate
and shall have the power of perpetual. succession, have a seal., may sue and be sued
and may make, amend and repeal its By -Laws.
SECTION 3. That the Hospital. Authority herein created shall be designated
as the "Colony Hospital. Authority".
SECTION 4. The Colony Hospital Authority shall be governed by a Board of
Directors consisting of seven (7) members who are hereby appointed as follows:
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Position No. 7:
SECTION 5. Each of the Directors is a resident of the City of The Colony.
Directors for positions 1,2,3 and 4 each shall serve until. September 1., 1.982, and until.
his successor is appointed and has duly qualified; and Directors for positions 5,6 and
7 each shall serve until September 1, 1.981, and until his successor is appointed and
has duly qualified.
SECTION 6. Each successor to the first Directors appointed herein, unless
other provision is made in the Bond Resolution or Trust Indenture in connection with
the issuance of revenue bonds as provided in the Hospital Authority Act, shall be
appointed by the City Council for terms not to exceed two (2) years or, in the case
of a vacancy, until the expiration of the applicable unexpired term. Directors appointed
by the City Council shall qualify by executing the oath of office required of appointed
officials of the State of Texas. Directors shall not receive compensation for services
but shall be entitled to reimbursement of their expenses incurred in perf.orminq such
service.
SECTION 7. The Colony Hospital Authority may issue revenue bonds to provide
funds for any of its purposes. Such bonds shall. be payable from and secured by a
pledge of all or any designated part of the revenues to be derived from the operation
of the hospital and any other revenues resulting from the ownership of the hospital
properties. Bonds issued by the Hospital Authority shall. never be paid out of money
raised or to be raised by taxation by the City of The Colony, no public funds shall.
ever be appropriated by the City Council to or for the operation of the Hospital.
Authority and no issuance of bonds or other obligations by the Hospital Authority will
impose any financial obligations, responsibility, or liability upon the City of The Colony
at any time.
SECTION S. If any paragraph, section, sentence, clause, phrase or word of
this Ordinance or the application of the same to any person or circumstances is for
any reason held to be unconstitutional, void or invalid by a Court of competent
jurisdiction, the validity of the remaining portions of this Ordinance or their application
I_