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HomeMy WebLinkAboutResolution No. 83-22 RESOLUTION N0 . — ,j RESOLUTION OF THE CITY COUNCIL DESIGNATING ONE OR MORE ELIGIBLE BLIGHTED AREAS; , PIAI�ING THE FINDINGS REQUIRED BY THE RULES OF THE TEXAS INDUSTRIAL COMPIISSIOI�; AND CONTAIIvING OTHER MATTERS RELATIi�G TO THE SUBJECT l�'HEARES, by resolution of the City Council (the "Governing Body") , the City of Friendswood, Texas (the "Unit") , authorized and approved the creation of the 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 pro- ceeds 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 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 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 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 rela- tive 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 (A•rticle 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 . k'HEREAS , Section 107 . 1(b) (9) of the rules (the "Rules") of the Texas Industrial Commission (the "Commission") for industrial projects sets out specia�l rules for approval. of cor�mercial projects in bligh•ted or economically depressed areas; and WHEREAS, the governing body of the city 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 • , � 4�F� / . '/ � I f � �,-r - -�- . � , - �. .. -^l'-� . . /- _ � , . . .< � -; . .. _. � . .. � ` ' �r _. . .. _ _ �_ � _.�_,:�- � . WHEREAS, the Act requires that notice of a 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, on July 11, 1983, the Governing Body of the Unit adopted that certain ��Resolution of the City Council Authorizing Provision of Notice to the Texas Industrial Commission and Publication of Notice With Respect to a Public Hearing to Consider Designation of One or More Eligible Blighted Areas ti'ithin the City; Describing One or More Eligible Blighted Areas to ba 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 Texas Industrial Commission (the "Commission") on July 29, 1983 and notice of such public hearing was published once a ��eek for two con- secutive weeks in a newspaper of general circulation in the City and notice of . the public hearing was posted at the City Hall on July 29 , 1983; and k'HEREAS, the notice provided to the Commission and as published and posted included both a descrip�ion of the area or areas proposed by the City to be designated as eligible blighted areas and the date, time and location of . the public hearing concerning such designati�on; and WHEREAS, a public hearing was held at the City Hall on August 15 , 1983 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 ; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, STATE OF TEXAS , that Section l. The Governing Body hereby finds, determines and declares that " the area outlined on the map 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, deteri- orated, or deteriorating structures and which suffers from a high relative rate of unemployment or a .combination of the ioregoing, substantially impairs or arrests the sound growth of the City, constitutes an economic or social liability and is a menace to the pub�ic health, safety or welfare iri its present condition and use. � Section 2. The overall objectives of the City for redevelopment atid 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 a�d � the full employment, welfare and prosperity of its citizens; C, To encourage the economic growth and stability of the City by increasing and stabilizing employment opportunities , significantly increasing and stabilizing the property tax base and promoting commerce within the City and the State of Texas (the "State") ; and 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 commercial projects that are , an integral part of the local economy, including but not limited to: office buildings , retail shopping cen�ers and other commercial projects which qualify for financing pursuant to the Act, the Rules and the provisions of Section 103 of the Internal Revenue Code of 1954, as amended. 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 confozms with the provisions contained in Section 4 � of this Resolution; • B. The project will significantly contribute to the fulfillment of the overall re�evelopment objectives of the Unit for the EBA; . . -3- � . C. The project conforms to the project approval standards of the � Rules and this Resolution by increasing or stabilizing employment oppor- tunities , significantly increasing or stabilizing the property tax base and promoting commerce within the Unit and the State; and D. The project is in furtherance of the public purposes of the Act. � Section 7 . The Governing Body of the Unit hereby covenants and repre- sents that it will review all project descriptions for approval of specific projects for commercial uses in order to determine whether such projects are cons�istent with the Unit's objectives for redevelopment of the EBA. Section 8. The Secretary of the Unit is hereby directed to provide a certifi�ed copy of this Resolution 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, 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 oz 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 day of August, 1983. ' . ATTEST; Ralph L. Lowe , Mayor • • City Secre�ary . -4- • LEGAL D�SCHIPTION F08 P&OPOSED BLIGHTED AAEA The proposed Eligible Blighted Area consists of approxima,tely 4.2 acres of land zoned C-l. located within the incorporated limits of the City of Friendswood at the corner of F.1�1. 518 and Castlewood� and more particularly described as follows : Part of lot 12 in block 3 of Friendswood, a sub-division in Galveston County� Texas, according to the ma.p thereof , recorded in Vol. 238� page 14 in the office of the county . C1e.rk of Galveston .County� Texas . . 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