HomeMy WebLinkAboutResolution No. 83-21 RESOLUTION N0 . ? — �
RESOLUTION OF TI� CITY COUNCIL DESIGNATING ONE OR MORE ELIGIBLE BLIGHTED
AREAS; MAI:ING THE FINDINGS REQUIRED BY THE RULES OF THE TEXAS INDUSTRIAL
COPUIISSIOI�; AND CONTAINING OTHER MATTERS RELATING TO THE SUBJECT
WHEARES, by resolution of the �ity 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.
WI�REAS, 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 defi:ned 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 exisLence or required to be acquired or constructed therearter,
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 immeaiately adjacent zhereto wit;:in 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 nigh rela-
tive rate of unemployment, or which have been designated and included in a �tax
. incremental district c�eated under Chapter 695 , Acts of the 66th Legislature,
Regular Session, 1979 (A�rticle 1066d, Vernon' s Texas Civil Statutesj , or any
comoination of� the foreooing, the city finds and determines, after a hearing,
substantially impair or arrest the sound growth of the city, or constitute an
economic or soc•�al liability and are a menace to the public heaith, 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
Inciustrial Commission (the "Commission") for industrial projects sets out
special rules for approval. of commercial pro1e�ts in bligh•ted or economically
depressed areas ; and
WHE:ZEAS, the governing bcdy of the city desires to authorize the financing
of certain prcjects for commercial uses as provided in. the Ac� and the �ules
by establishi:�g one or more eligible blighted areas ; and �
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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 adapted 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 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
WI�REAS, 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 week for two con-
secutive weeks in a newspaper of general circulation in the CitS► 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 description of the area or areas proposed by the City
to be designated as eligible blighted areas and the date, time and locat�on of
the public hearing concerning such designation; and
WHE:ZEAS, a public hearing was held at the City Hall on August 15 , 1983
pursuant to the Act and Chapzer 107 of the Rules of the Commission �or the
purposes of establishing one or more eligible blighted areas ; and
WHEREAS , the Governing Body of the Unit has concluded to reques� the
Commission to approve projects for commercial uses and thererore desires to
adopt this resolution in compliance with the requirements of the Ac� and the
Rules ;
NOW, THEREFORE, BE IT RE50LVED BY THE CITY CQUNCIL OF THE �CITY OF
FRIENDSWOOD, STATE OF TEXAS , that
Section 1. 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 f�om a high reiazive
rate of unemployment or a .comb�nation of the foregoing, substantia�ly impairs
or arrests the saund growth of the City, const�tutes an economic or soc�al
liability and is a menace to the public health, safet.y or welfare in its
present condition and use. �
Sect:on 2. The overall objectives of the City for redevelopment azrd
recovery oi the EBA are as follows :
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A. To promote the present and prospective health, safety, r�ghts
to gainful employment and general welfare of the people of the Un�t 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 C�ty 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 pro;ects to
be located within or adjacent to the EBA for commercial uses under the �ct
will contribute significantly to the alleviation of the blighted conai�ions
' found to exist in the EBA. '
Section 4. The Governing Body of the Unit, in order to enhance ��s
development efforts , desires and authorizes all commerc�al projec�s that are
, an integral part of the local economy, including but not limited tc: oiiice
buildings , retail shopping centers and other commercial projects Wnic: quali�y
for financing pursuant to the Act, the Rules and the provisions oi Sec�ion 103
of the Internal Revenue Code or 1954, as amended. The commercial prc�ect must
contribute to the economic growth or stability o= the Unit by (a) increasing
or stabilizing employment opportunities ; (b) increasing or stabilizing the �
. property tax base; or (c) promoting commerce wishin the Unit and the S�ate.
Section 5�. Based upon the Unit ' s best estimates as of the date ci this
Resolution, no proposed public improvements are to be made in the �BA.
Section 6. The Governing Body of the Unit will not approve any �rojects
for commercial uses in or adjacent to the EBA unless the applicant des�ring
approval of such project demonstrates to the saLisfacLion of the Governing
Body that: •
A. The project conforms with the provisions contained in Section 4
of this Resolution; •
B. The project will significantly contribute to the fulf��lment of
the overall re�evelopmenz objectives of the Unit for the EBA; •
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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 covenanzs 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
consistent with the Unit' s objectives for redevelopment of the EBA.
Section 8. The Secretary of the Unit is hereby directed to provide a
certifi�d 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 satisrying the
conditions and requirements of the Act and the Rules , and for the bene�it of
the Issuer, the Unit, the Co�mission, the residents of the Unit and all other
interested persons .
Section 10. The Governing Body has considered evidence of the post�ng of
notice of this meet�ng 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 post�ng was �
readily accessiblz to the general public at all times from such ti�e of
posting until the scheduled time or sucn meeting; and such meeting Was opened
to the public as required by law at al� times during which this Resolution and
� the subject matter thereof were discussed, considered and formally ac�ed upon,
all as required by the Open Meetings Law, Article 6252-11 , Vernon� s Annotated
Texas Civil Statutes , as amended.
PASSED AND APPROVED this day of August, 1983. �
ATTEST : Ralpn L. Lowe , May�r ;
• C�ty Secretary
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. c . . � _ SUBDIVISION
� BO UNDAR Y
ACREriCE
ANIVON UR VEYING �NSTRUCTION
7635 CU ..:�. t 12
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PEARLANi: .cXAS 77584
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METES AND BOUNDS
2.372 acres of land, out of Lot
13 of VOSS SUBDIVISION� a sub-
division of the SARAH McKISSIQ{
LEAQUE, A-1$1,� -Galveston County,
Texas, according to the Map or
Plat thereof recorded in VOL.
25�-A �• 9 in the off i ce of the •
County Clerk of Galveston County,
Texas, said 2.372 acres being more
particularly described as followss
BEGINNING at a set 1�2 inch iron rod for the West corner of the herein des��bed
tract in the Southeasterly R.O.W. line of F.�I. 528 from which the ;�est
corner of said LOT 13 bears N 4b° 25' W a distance of 4-0.00 feet;
THENCE S 4�6° 25' 00" E along the Southwesterly line of said LOT 13 a distance
of 622.50 feet to a set 1�2 inch ison rod for corner;
THENCL N 43° 35' 00" r, along the Southeasterly line of sa,id LOT 13 a diszance
of 166.00 feet to a set 1�2 inch iron rod for corner;
THENCE N 4-b° 25' 00" W a distance of 622.50 feet to a set 1�2 inch iron rcd �or .
corner in the Southeasterly R.O.W. line of F.M. 528; _ .
THENCE S �3� 35' W a distance of 166.00 feet to the PLACE OF BEGINTIING and
containing 2.372 acres of Iand.
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