HomeMy WebLinkAboutResolution No. 84-17 RESOLUTION N0 . P,17-84
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 ot 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
requirsd 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 Ecor.omic Development Commission (the
"Commission") , irrespective of �ahether 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
zmmediately adjacent thereto within a city which by reason of the
presence of a substantial number of substandard, slum,
deteriorated, or deteriorating structures, or which suf�er from a
high relative rate of unemployment, or which have been designated
and inciuded 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
-�., , ,
�`� .. � ,�� L.��—'_:'_� �!7Li..�.!G-��t.-.�-> �_ ,�-CC�i. �� ,.�_:?':GL c� � � � . �/<�L c<�. ..��C_[..1
�� - -
/,. �� ��.� � � �/ .
� � „ -. �. 1 j;_�, ,�' ;; ,S;
� �i , � ,, . . ,
�-
approval of commercial projects in blighted or economicall_y
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 hearir.g 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 Jul_y 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 empl.oy
such persons in or adjacent to the EBA.
Section 3 . The Governing Body herebv 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 ronditions 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 qrowth 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 sianificantly 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, sigr_ificantly 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 Secretar1 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 Ru1es . 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 Uni� 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 Ha11 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 formall_v
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 da.y of July, 1984 .
-----------------------------------------------------------------
4'�� !!1..�-�.
?'Zayor P �h L. LoUTe
De1 ris McKenz '
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
GALVEST�N COUNTY DEED RECORDS, IN THE SARAH MCKISSICK
LEAGUE, A-151 , AND BEING MORE PARTICULARLY DESCRIBED BY
METES AND BOUNDS AS FOLLQWS :
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 5? minutes 04 seconds Wes�, alona
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 norther?y line
of Lot 12;
THENCE, South 47 dearees 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 northerl1� line
of Lot 12;
THENCE, South 48 degrees 16 minutes, 52 seconds East, albng
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