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AN ORDINANCE CREATING THE CITY OF LITTLE
ROCK, ARKANSAS HEALTH FACILITIES BOARD
(SOUTHWEST HOSPITAL) PURSUANT TO THE
PROVISIONS OF ACT NO. 142 OF THE ACTS OF
ARKANSAS OF 1975, AS AMENDED; PRESCRIBING
OTHER MATTERS RELATING THERETO; AND
DECLARING AN EMERGENCY.
WHEREAS, the City of Little Rock, Arkansas (the
"City "), pursuant to the provisions of Act No. 142 of the Acts
of the General Assembly of the State of Arkansas for the year
1975, as amended (the "Act "), is authorized to establish public
facilities boards for the purposes set forth in the Act, which
include assisting in the financing of "Health Care Facilities"
(as defined in the Act) within or near the City; and
WHEREAS, St. Louis - Little Rock Hospitals, Inc., a
Missouri nonprofit corporation (.the "Corporation "), proposes to
construct and equip a 125 -bed general acute care hospital of
approximately 117,000 square feet (the "Project ") in the
vicinity of the intersection of Interstate Highway 30 and Otter
Creek Road in Southwest Little Rock; and
WHEREAS, financing arrangements must be made to fund
the Project on the best possible terms and to make provision for
Subsequent Projects (hereinafter defined);
NOW THEREFORE; BE IT ORDAINED BY THE BOARD OF
DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS:
Section 1. Findings. The Board of Directors of the
City hereby finds and determines:
(a) The facilities and services afforded by the
Project will be made available to patients, staff privileges
will be afforded to medical and supporting personnel and persons
will be employed, without discrimination on the basis of race,
creed, religion or sex.
(b) The Project is necessary in order to properly
meet the requirements of the citizens and residents of the City
and the State of Arkansas for Health Care Facilities and
services which are not being, and cannot be, reasonably met by
other available Health Care Facilities. Further, proper
planning dictates that provision should be made for financing
any additional facilities that may be required in the future in
order for the Corporation to satisfy the increasing health care
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needs of
the citizens and residents of the City and the State of
Arkansas ( "Subsequent Projects ").
(c) Financing of the Project and Subsequent Projects
under the Act is and will be necessary for accomplishing the
Project and Subsequent Projects and will insure the availability
of quality Health Care Facilities and services to the public at
the lowest possible cost, thereby benefitting the public in
general and the citizens and residents of the City in
particular.
(d) The City is authorized by the provisions of the
Act to provide financing of Health Care Facilities through the
creation of a public facilities board and the issuance of
revenue bonds by such a public facilities board.
(e) It is in the best interest of the City and its
citizens and residents to create a public facilities board under
the Act and to limit the authority of that board to
accomplishing, financing, contracting concerning, and otherwise
dealing with Health Care Facilities to be operated by the
Corporation.
Section 2. Creation,of Board. Pursuant to the
authority of the Act there is hereby created and established the
"City of Little Rock, Arkansas Health Facilities Board
(Southwest Hospital)" (the "Board ") with authority as
hereinafter provided to accomplish, finance, contract
concerning, and otherwise deal with Health Care Facilities (as
defined in the Act) to be operated by the Corporation.
Section 3. Members of the Board; Term of Office. The
Board shall consist of five persons. The initial members shall
serve for terms of one, two, three, four, and five years,
respectively, as indicated below. Successor members shall be
selected as provided in the Act. As soon as practicable after
the enactment of this Ordinance each member of the Board shall
qualify by taking and filing with the City Clerk the oath of
office as prescribed by the Act. The initial members of the
Board, each of whom is a qualified elector residing in the City
and their respective terms shall be:
Member Term
Dr.
Don Cobb, Sr.
1
year
Mr.
Bill Fitch
2
years
Mr.
Bill Blevins
3
years
Mr.
Glen Mahone
4
years
Ms.
Sharon Priest
5
years
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Section 4. Powers. The Board is empowered, from time
to time, to own, acquire, construct, reconstruct, extend, equip,
improve, sell, lease, contract concerning or otherwise deal in
or dispose of Health Care Facilities, including mortgage loans
with respect thereto (including specifically the Project and
Subsequent Projects, as hereinbefore defined); provided,
however, that the authority of the Board shall be limited to
such Health Care Facilities as are sold, leased or mortgaged to
the Corporation or are otherwise dealt in, disposed o£, or
concerning which a loan is made to the Corporation, pursuant to
a contract or contracts between the Board and the Corporation.
Each Subsequent Project shall be located within the City, but
need not necessarily be at the same location and shall be
operated by the Corporation. The Board shall have all of the
powers provided for in the Act, subject to the limitations of
this Ordinance, and shall carry out its duties in accordance
with the Act. The Board is hereby authorized and directed, in
all dealings with the Corporation to take all appropriate action
with the Corporation necessary to comply with the Constitution
and laws of the United States and of the State of Arkansas.
Section 5. Issuance of Bonds. The Board is
authorized to issue revenue bonds, from time to time, and to use
the proceeds, either alone or together with other available
funds and revenues, to accomplish the purposes for which the
Board is created. Such revenue bonds shall be obligations only
of the Board and shall not constitute an indebtedness for which
the faith and credit of the City or any of its revenues are
pledged, and the principal and interest on the bonds shall be
payable from and secured by a pledge of revenues derived from
the Health Care Facilities financed, in whole or in part, from
bond proceeds or from any debt previously incurred and
refinanced by bonds, and as authorized by, and in accordance
with the provisions of the Act, together with such other
collateral as may properly be pledged. Each bond issue for
Subsequent Projects must be approved by the Board of Directors
of the City prior to delivery of such bonds to the purchaser
thereof.
Section 6. Organization; Reports. As soon as
practicable after the adoption of this Ordinance the Board shall
meet and elect officers. The Board may adopt Bylaws and such
other rules and regulations, if any, as shall be necessary or
desirable for the conduct.of its business and consistent with
the provisions of the Act. The Board shall cause to be; filed
with the City Clerk of the City the annual report described in
Section 18 of the Act.
Section 7. Severability. If any provision of this
Ordinance or the application thereof to any person or
•
circumstance is held invalid, such invalidity shall not affect
the other provisions or applications of this Ordinance, which
can be given effect without the invalid provision or
application, and to this end the provisions of this Ordinance
are declared to be severable.
Section 8. General Repeal. All Ordinances of the
City, or parts thereof, in conflict with this Ordinance are
hereby repealed to the extent of such conflict.
Section 9. Emergency. It is hereby found and
determined that there is an immediate need for the Project and
the financing in order to meet the needs of the City's citizens
and residents for Health Care Facilities and services essential
for their health and welfare, and that the creation of the Board
and the exercise of the duties and powers provided in this
Ordinance are necessary for the accomplishment of these public
purposes and to the preservation of the public peace, health and
safety. Therefore, an emergency is declared to exist and this
Ordinance shall be in full force and effect from and after its
passage.
PASSED: August 6 1985
APPROVED:
ATTEST:
Mayor Thomas A. Prince
C y Clerk -J-4ie Czech
(SEAL)
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