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HomeMy WebLinkAboutResolution No. 83-17 RESOLUTION NO . R17-84 Resolution of the City Council Designating One or More Eligible Blighted Areas; Making the Findings Required by the Rules of the Texas Economic Development Commission; and Containing Other Matters Relating to the Subject WHEREAS, by resolution of the City Council (the "Governing Body") , the City of Friendswood, Texas (the "Unit") , authorized and approved the creation of the City of Friendswood Industrial Development Corporation (the "Issuer") as a nonprofit industrial development corporation under the provisions of the Development Corporation Act of 1979, Article 5190. 6 , Vernon' s Annotated Texas Civil Statutes, as amended (the "Act") ; and WHEREAS, the Issuer is authorized by the Act to issue bonds on behalf of the Unit for the purpose of paying all' or a part of ' the costs of a "project" as defined in the Act, and to lease or sell the project or to loan the proceeds of the bonds tc finance all or part of the costs of a project; and WHEREAS, the definition of "project" in the Act includes the land, buildings, equipment, facilities and improvements (one or more) found by the Board of Directors of the Issuer to be required or suitable for the promotion of commercial development and expansion and in furtherance of the public purposes of the Act, or for use by commercial enterprises, all as defined in the rules of the Texas Economic Development Commission (the "Commission") , irrespective of whether in existence or required to be acquired or constructed thereafter, if such project is located in blighted or economically depressed areas; and WHEREAS, as used in the Act, the term "blighted or economically depressed areas" means those areas and areas immediately adjacent thereto within a city which by reason of the presence of a substantial number of substandard, slum, deteriorated, or deteriorating structures, or which suffer from a high relative rate of unemployment, or which have been designated and included in a tax incremental district created under Chapter 695, Acts of the 66th Legislature, Regular Session, 1979 (Article 1066d, Vernon' s Texas Civil Statutes) , or any combination of the foregoing, the city finds and determines, after a hearing, substantially impair or arrest the sound growth of the city, or constitute an economic or social liability and are a menace to the public health, safety or welfare in their present condition and use; and WHEREAS, Section 107. 1 (b) (9) of the rules (the "Rules") of the Commission for industrial projects sets out special rules for it _ 4-6.Ls--!�'j' �!7 . �.-c.r� - •- c a _ t, ys:.c ;� .ILA .t.r approval of commercial projects in blighted or economically depressed areas; and WHEREAS, the governing body of the Unit desires to authorize the financing of certain projects for commercial uses as provided in the Act and the Rules by establishing one or more eligible blighted areas; and WHEREAS, the Act requires that notice of a hearing at which the Unit considers establishment of an economically depressed or blighted area shall be posted at the City Hall prior to such hearing; and WHEREAS, on June 11, 1984, the Governing Body of the Unit adopted that certain "Resolution of the City Council Authorizing Provision of Notice to the Texas Economic Development Commission and Publication of Notice With Respect to a Public Hearing to Consider Designation of One or More Eligible Blighted Areas Within the City; Describing One or More Eligible Blighted Areas to be Designated by the City; Determining the Date, Time and Location of a Public Hearing; and Containing Other Provisions Relating to the Subject" ; and WHEREAS, pursuant to such resolution notice of a public hearing was provided to the Commission at least 15 days prior to such public hearing as provided by the Act and the Rules and notice of such public hearing was published once a week for two consecutive weeks in a newspaper of general circulation in the Unit and notice of the public hearing was posted at the City Hall at least 15 days prior to such public hearing as provided by the Act and the Rules; and WHEREAS, the notice provided to the Commission and as published and posted included both a description of the area or areas proposed by the Unit to be designated as eligible blighted areas and the date, time and location of the public hearing concerning such designation; and WHEREAS, a public hearing was held at the City Hall located within the Unit on July 2, 1984 , pursuant to the Act and Chapter 107 of the Rules of the Commission for the purposes of establishing one or more eligible blighted areas; and WHEREAS, the Governing Body of the Unit has concluded to request the Commission to approve projects for commercial uses and therefore desires to adopt this resolution in compliance with the requirements of the Act and the Rules; 2 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, THAT; Section 1 . The Governing Body hereby finds, determines and declares that the area described by metes and bounds attached as Exhibit "A" to this Resolution shall be declared to be an eligible blighted area ("EBA") because such area, by reason of the presence of a substantial number of substandard, slum, deteriorated, or deteriorating structures and which suffers from a high relative rate of unemployment [which have been designated and included in a tax incremental district created under Chapter 695, Acts of the 66th Legislature, Regular Session, 1979 (Article 1066d, Vernon' s Texas Annotated Civil Statutes) ] or a combination of the foregoing, substantially impairs or arrests the sound growth of the Unit, constitutes an economic or social liability and is a menace to the public health, safety or welfare in its present condition and use. Section 2. The overall objectives of the Unit for redevelopment and recovery of the EBA are as follows: A. To promote the present and prospective health, safety, rights to gainful employment and general welfare of the people of the Unit and the State. B. To promote the continued existence, development and expansion of commerce and industry essential to the economic growth of the Unit and the full employment, welfare and prosperity of its citizens. C. To encourage the economic growth and stability of the Unit by increasing and stabilizing employment opportunities , significantly increasing and stabilizing the property tax base and promoting commerce within the Unit and the State of Texas (the "State") . D. To encourage employment of the inhabitants of the EBA by encouraging employers to locate projects which will employ such persons in or adjacent to the EBA. Section 3. The Governing Body hereby finds, determines, declares and represents to the Commission that the availability of financing of projects to be located within or adjacent to the EBA for commercial uses under the Act will contribute significantly to the alleviation of the blighted conditions found to exist in the EBA. Section 4 . The Governing Body of the Unit, in order to enhance its development efforts, desires and authorizes all 3 commercial projects that are an integral part of the local economy, including but not limited to office buildings, shopping centers and retail commercial businesses. The commercial project must contribute to the economic growth or stability of the Unit by (a) increasing or stabilizing employment opportunities; (b) increasing or stabilizing the property tax base; or (c) promoting commerce within the Unit and the State. Section 5 . Based upon the Unit' s best estimates as of the date of this Resolution, no proposed public improvements are to be made in the EBA. Section 6 . The Governing Body of the Unit will not approve any projects for commercial uses in or adjacent to the EBA unless the applicant desiring approval of such project demonstrates to the satisfaction of the Governing Body that: A. The project conforms with the limitations, if any, provided in Section 4 of this Resolution; B. The project will significantly contribute to the fulfillment of the overall redevelopment objectives of the Unit for the EBA; C. The project conforms to the project approval standards of the Rules and this Resolution by increasing or stabilizing employment opportunities, significantly increasing or stabilizing the property tax base and promoting commerce within the Unit and the State; and D. The project is in the furtherance of the public purposes of the Act. Section 7 . The Governing Body of the Unit hereby covenants and represents that it will review all project descriptions for approval of specific projects for commercial uses in order to determine whether such projects are consistent with the Unit' s objectives for redevelopment of the EBA. Section 8 . The City Secretary of the Unit is hereby directed to provide a certified copy of this Resolution, including all exhibits , to the Executive Director of the Commission as required by the Rules . Unless the Unit shall be notified by the Commission to the contrary in writing within 30 days from the date of receipt of such certified copy of this Resolution, the EBA shall be deemed accepted by the Commission, 4 and the Unit and the Issuer may thereafter approve projects for commercial uses in and adjacent to the EBA in compliance with the Act, the Rules and this Resolution. Section 9 . This Resolution is adopted for the purposes of satisfying the conditions and requirements of the Act and the, Rules, and for the benefit of the Issuer, the Unit, the Commission, the residents of the Unit and all other interested persons. Section 10. The Governing Body has considered evidence of the posting of notice of this meeting and officially finds, determines, recites and declares that a sufficient written notice of the date, hour and place of this meeting and of the subject of this Resolution was posted on the bulletin board at a place convenient to the public in the City Hall of the Unit for at least 72 hours preceding the scheduled time of such meeting; such place of posting was readily accessible to the general public at all times from such time of posting until the scheduled time of such meeting; and such meeting was opened to the public as required by law at all times during which this Resolution and the subject matter thereof were discussed, considered and formally acted upon, all as required by the Open Meetings Law, Article 6252-17, Vernon' s Annotated Texas Civil Statutes , as amended. PASSED AND APPROVED this 2nd day of July, 1984. /4C,.�, Mayor P n L. Lowe De is Mc Cenz . City Secretary Attest• 5 Exhibit "A" 17 .9185 ACRES OF LAND OUT OF LOTS 12 AND 26 OF THE VOSS SUBDIVISION AS RECORDED IN VOLUME 254-A, PAGE 9 OF THE GALVESTON COUNTY DEED RECORDS, IN THE SARAH MCKISSICK LEAGUE, A-151, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a one-inch iron pipe found for the most easterly corner of Lot 26, being in th westerly R.O.W. Line of Leisure Lane; THENCE, South 41 degrees 57 minutes 04 seconds West, along the westerly R.O.W. line of Leisure Lane, a distance of 641 . 16 feet to a 1/2-inch iron rod set for corner, also being in the northerly R.O.W. line of FM 518; THENCE, North 45 degrees 42 minutes 04 seconds West, along said northerly R.O.W. line of FM 518, leaving said westerly R.O.W. line of Leisure Lane, a distance of 882. 98 feet to a 5/8-inch iron rod found for corner; THENCE, continuing along said northerly R.O.W. Line of FM 518, along a curve to the right, having a radius of 1,567.02 feet, an arc length of 362 .16 feet and whose chord bears North 39 degrees 04 minutes 28 seconds West, a distance of 361 .36 feet to a 5/8-inch iron rod found for corner; THENCE, North 05 degrees 18 minutes 51 seconds East, a distance of 80 . 18 feet to a 1/2-inch iron rod found for corner in the easterly R.O.W. Line of FM 528; THENCE, North 41 degrees 57 minutes 49 seconds East, along said easterly R.O.W. line of FM 528, a distance of 482. 60 feet to a 5/8-inch iron rod found for corner, being in the northerly line of Lot 12; THENCE, South 47 degrees 57 minutes 29 seconds East, leaving said easterly R.O.W. line of FM 528 , a distance of 622. 38 feet to a 5/8-inch iron rod found for corner, being in the northerly line of Lot 12; THENCE, South 48 degrees 16 minutes, 52 seconds East, along the northly line of Lot 26 , a distance of 664 . 54 feet to the POINT OF BEGINNING: CONTAINING 17. 9185 acres of land, more or less. DL1/37 6 RESOLUTION NO. 2.— , "c3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, TEXAS , AUTHORIZING PROVISION OF NOTICE TO THE TEXAS INDUSTRIAL COMMISSION AND PUBLICATION OF NOTICE CALLING A PUBLIC HEARING TO CONSIDER DESIG— NATION OF ONE OR MORE ELIGIBLE BLIGHTED AREAS WITHIN THE CITY, DESCRIBING ONE OR MORE ELIGIBLE BLIGHTED AREAS TO BE DESIGNATED BY THE CITY; DETERMINING THE DATE, TIME AND LOCATION OF THE PUBLIC HEARING, AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT. * * WHEREAS, the City Council of the City of Friendswood , Texas (the "Governing Body") , on the behalf of the City of Friends- wood , Texas (the "Unit") , by Resolution No . R3-82 authorized and approved the creation of the City of Friendswood Industrial Development Corporation (the "Issuer") as a nonprofit indus- trial development corporation under the provisions of the Development Corporation Act of 1979 , Article 5190. 6 , Vernon ' s Annotated Texas Civil Statutes , as amended (the "Act") ; and WHEREAS , the Issuer is authorized by the Act to issue bonds on behalf of the Unit for the purpose of paying all or a part of the costs of a "project" as defined in the Act , and to lease or sell the project or to loan the proceeds of the bonds to finance all or part of the costs of a project ; and WHEREAS, the definition of "project" in the Act includes the land , buildings , equipment , facilities and improvements (one or more) found by the Board of Directors of the Issuer to be required or suitable for the promotion of commercial devel- opment and expansion and in furtherance of the public purposes of the Act , or for use by commercial enterprises , all as defined in the rules of the Texas Industrial Commission (the "Commission") , irrespective of whether in existence or required to be acquired or constructed thereafter , if such project is located in blighted or economically depressed areas , and WHEREAS, as used in the Act , the term "blighted or econo- mically depressed areas" means those areas and areas immedi- ately adjacent thereto within a city which by reason of the the purposes of establishing one or more eligible blighted areas . Section 2. The City Secretary is hereby authorized to notify the Commission of the intention of the City to hold such public hearing by providing a certified copy of this Resolution to the Executive Director of the Commission not less than fif- teen (15) days prior to the date established for the public hearing in Section 1 of this Resolution . Section 3. Notice of the public hearing shall be published once a week for two consecutive weeks in a newspaper of general circulation in the City and notice of the public hearing shall be posted at the city hall at least fifteen (15) days prior to the date of the public hearing . The notice as published and posted shall contain a description of the area or areas pro- posed to be designated as a blighted area (as shown on Exhibit "A" hereto) and shall contain the date , time and location of the public hearing . Section 4 . This Resolution is adopted for the purposes of satisfying the conditions and requirements of the Act and the Rules , and for the benefit of the Issuer , the Unit , the Commis- sion , the residents of the Unit and all other interested persons . Section 5 . The City Council has considered evidence of the posting of notice of this meeting and officially finds , deter- mines , recites and declares that a sufficient written notice of the date , hour and place of this meeting and of the subject of this Resolution was posted on the bulletin board at a place convenient to the public in the city hall of the City of Friendswood , for at least seventy-two (72) hours preceding the scheduled time of such meeting ; such place of posting was readily acessible to the general public at all times from such time of posting until the scheduled time of such meeting ; and such meeting was open to the public as required by law at all times during which this Resolution and the subject matter thereof were discussed , considered and formally acted upon , all -3- presence of a substantial number of substandard , slum, deteri - orated , or deteriorating structures , or which suffer from a relatively high rate of. unemployment , or which have been desig- nated and included in the tax incremental district created under Chapter 695 , Acts of the 66th Legislature , Regular Ses- sion , 1979 (Article 1066d , Vernon ' s Texas Civil Statutes) , or any combination of the foregoing, the city finds and deter- mines , after a public hearing , substantially impair or arrest the sound growth of the city , or constitute an economic or social liability and are a menace to the public health , safety or welfare in their present condition and use ; and WHEREAS , the Act requires that notice of a public hearing at which the city considers establishment of an economically depressed or blighted area shall be posted at the city hall prior to such hearing , and WHEREAS , Section 107 . 1 (b) (9) of the Rules of the Texas Industrial Commission (the "Rules") for industrial projects sets out special rules for approval of commercial projects in blighted or economically depressed areas , and WHEREAS , the City Council of the City of Friendswood desires to consider authorizing the financing of certain pro- jects for commercial uses as provided in the Act and the Rules by establishing one or more eligible blighted areas ; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, TEXAS . Section 1 . A public hearing concerning designation of the area (s) outlined in red on the map (attached hereto as Exhibit "A" and incorporated herein for all purposes) of the City as one or more eligible blighted areas , as defined in the Act and the Rules , shall be held in the Council Chambers at the City Hall , 109 Willowick , Friendswood , Texas , on August 15 , 1983 , at 7 . 00 o ' clock p .m. Such public hearing shall be held pursuant to the provisions of the Act and Chapter 107 of the Rules for -2- as required by the Open Meetings Law, Article 6252-17 , Vernon ' s Annotated Texas Civil Statutes , as amended . PASSED, APPROVED and ADOPTED this llth day of July, 1983. Mayor ATTEST: City Secretary -4-