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RESOLUTION
,.,....,. .....-.' No, 79 - 23
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF CLEARWATER, FLORIDA, FINDING AND DECLARING
THAT THERE IS A NEED FOR A HEALTH FACILITIES
AUTHORITY TO FUNCTION IN THE CITY OF CLEARWATER,
{t` FLORIDA; ESTABLISHING THE CITY OF CLEARWATER
i; HEALTH FACILITIES AUTHORITY; NAMING THE INITIAL
MEMBERS OF THE AUTHORITY; PROVIDING FOR THE
POWER OF SUCH AUTHORITY; PROVIDING APPROVAL
PROCEDURE FOR EACH FINANCING PROJECT OF THE
s
f AUTHORITY; PROVIDING FOR AN INITIAL MEETING OF
? SAID AUTHORITY; AND PROVIDING FOR AN EFFECTIVE
DATE HEREOF.
WHEREAS, Section 154.207, Florida Statutes, authorizes a local
76-hroy such as the City, of Clearwater to create a health facilities authority to
function with the municipality; and
WHEREAS, the City Commission of the City of Clearwater, Florida,
perceives that a need exists in the Clearwater area to have such an authority
thus enabling qualifying facilities to obtain the fullest benefits of low cost
financing available through the adoption of this Resolution; and
WHEREAS, the City Commission believes that the creation of a
Health Facilities Authority is the best method of satisfying the need set
out above;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY
COMMISSION OF THE CITY OF CLEARWATER, FLORIDA,
IN SESSION DULY AND REGULARLY ASSEMBLED, AS,
FOLLOWS:
1. That the City Commission of the City of Clearwater, Florida, hereby
finds and declares that it is essential that the people of Clearwater, Florida,
have access to adequate medical care and health facilities, and that it is
essential that health facilities within the City of Clearwater, Florida, be
provided with additional means to assist them in the development, improvement
and maintenance of the public health,
Z. That the City Commission further finds and declares that there is
a need for the creation and 'establishment of a Health Facilities Authority within
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4/5/79
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the City of Clearwater, Florida, which Authority, known as the City of
Clearwater Health Facilities Authority,, is hereby created pursuant to the
Health Facilities Authority Law (Chapter 74-323, Laws of Florida, 1974,
being Part III of Chapter 154 of Florida Statutes, an amended) to function in
the City of Clearwater, Florida.
3. That the City of Clearwater Health Facilities Authority is hereby
created and may transact the business and perform the duties and exercise
the powers prescribed by the Health Facilities Law and this Resolution.
4. That the following five (5),persons are hereby designated as
members of the City of Clearwater Health Facilities Authority for the
respective terms prescribed below:
Herbert Blanton
shall serve for one (1) year
shall serve for two (z) years
shall serve for three (3) years
shall serve for four (4) years
shall serve for four (4) years
John Meek, Sr.
Charles Galloway
Wallace W. Blackburn
Ruth Condon
(a) Each member of the Authority, before entering
upon the duties of the office shall take and subscribe
the oath or affirmation required by the State Constitution
for the State of Florida. The record of each such oath
shall be filed in the office of the Secretary of State and
with the City Clerk of the City of Clearwater.
(b) Each of the above prescribed terms shall commence upon
the initial meeting of the Authority after administration
of the oath of office to each member.
(c) Each member shall serve until a successor is appointed
and has qualified.
(d) Any member of the Authority may be removed by the City
Commission of Clearwater for misfeasance, malfeasance
or willful neglect of duty.
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(e) The Authority at its initial meeting and annually
thereafter shall elect one of its members as Chairman
and one as Vice Chairman.
(f) The Authority shall keep a record of its proceedings and
shall be custodian of all books, documents and papers
filed with it and of its Minute Book or Journal and
Official Seal. The Authority shall cause copies to be
made of all its minutes and other records and documents
and shall give certificates under its official Seal to the
effect that such.copies are true copies, and all persons
dealing with the Authority may rely upon such certificates.
(g) The members of the Authority shall receive no compensation
for the performance of their duties hereunder, but each
member shall be paid his necessary expenses incurred
while engaged in the performance of such duties.
(h) Three (3) members of the Authority shall constitute a quorum,
and the affirmative vote of a majority of the members present at a
meeting of the Authority shall be necessary for any action
taken by the Authority. However, any action may be taken
by the Authority with unanimous consent of all its members.
No vacancy in the membership of the Authority shall impair
the right of a quorum to ererc!ee all the rights to perform all
the duties of the Authority.
(i) Service as a member of the Authority by a trustee, director,
officer or employei c of a health facility shall not, in and of
itself, constitute a conflict of interest. However, any member
of the Authority who is employed by or receives income from
a health facility under consideration by the Authority shall
not vote on any matter related to such facility,
-3_
Reso. f79-23
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5. Prior to authorizing any bond for any project to be undertaken
by the Authority, the Authority shall first secure the adoption of a Resolution
by the City Commission of the City of Clearwater authorizing each such
issue.
6. Notwithstanding the powers possessed by the City of Clearwater
Health Facilities Authority, nothing herein shall be construed to authorize
the Authority to pledge the credit of the City of Clearwater or incur any
liabilities or obligations in the name of the City of Clearwater, nor shall the
Authority incur any expenses not payable from revenues derived by projects
undertaken by the Authority unleaa specifically authorized to do so by the
City Commission of the City of Clearwater, Florida.
7. The initial meeting of the City of Clearwater Health Facilities
Authority shall be at Morton Plant Hospital
on April 18 , 1979, at 4.00 P.M. If fewer than three (3)
of the persons named in Section 4 above, are present at said meeting, those
persons who are present may adjourn the meeting from time to time until
three (3) members shall be present.
8. That the City Clerk of the City of Clearwater shall send a certified
copy of this Resolution to each of the members of the Authority named in
Section 4 as official notice of such person's designation as a member. This
Resolution shall constitute the Charter of the Authority.
9. This Resolution shall take effect immediately upon its passage
and adoption.
PASSED AND ADOPTED this 5th day of April, A. D. 1979.
Mayor-Commissioner
Attest:
c4
City Clerk
4
:Res,o. 179723.. 4/5%79
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