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RESO 1985-08 - Blighted Area DevelopmentRESOLUTION NO. s. 5--e A RESOLUTION of the governing body of the City of Huntsville, Texas, approving a commercial project in an Eligible Blighted Area under the Development Corporation Act of 1979, as amended, and the rules or regulations adopted by the Texas Economic Development Commission; and making findings in connection therewith. WHEREAS, the Commissioners' Court of Walker County, Texas, acting for and on behalf of.Walker County, Texas, (the "Unit ") has heretofore approved the creation of a public non - profit corporation under the provisions of the Development Corporation Act of 1979, as amended, (the "Act ") under the name of Walker County Industrial Development Corporation, (the "Corporation ") which has filed its Articles of Incorporation with the Secretary of State of the State of Texas, and has fully organized; and WHEREAS, the Corporation is authorized by the Act to issue bonds on behalf of the Unit for the purpose of paying all or 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 Corporation to be required or suitable for the promotion of commercial development and expansion and in furtherance of the public purposes of the Act, 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 set forth special rules for approval of commercial projects in blighted or economically depressed areas; and WHEREAS, this governing body, acting for and on behalf of the City of Huntsville, Texas, (the "City ") desiring 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, did adopt Resolution No. 83 -10 designating Eligible Blighted Areas under the Development Corporation Act of 1979, as amended, and the rules afid regulations adopted by the Texas Economic Development Commission, making findings in connection therewith, and providing an effective date, on August 2, 1983 (the "Resolution "); and WHEREAS, the Corporation has advised the City that B & T -3 Joint Venture, whose principal place of business is 2040 Loop 336, Suite 225, Conroe, Texas, is considering proceeding with the acquisition of approximately .588 acres of land and construction of a single building approximately 11,555 square feet to be used as a mezzanine strip shopping center and the acquisition and installation of related furniture, equipment, fixtures and facilities to be located at the intersection of Brazos Drive and Highway 30, Walker County, Texas (the "Project ") in that portion of the City of Huntsville designated by said Resolution as an Eligible Blighted, Area; and WHEREAS, the Corporation adopted a Resolution on September 6, 1984 with respect to the issuance of bonds to finance the Project proposed by B & T -3 Jont Venture, on land described in Exhibit "A" attached to and incorporated in this Resolution; and WHEREAS, this governing body has been requested to review and approve the Project and the rules and regulations of the Commission permit the City to approve the Project after publishing and posting notice prior to the date set for public hearing and holding a public hearing; and WHEREAS, notice of public hearing of the consideration of approval of the Project was posted at the City Hall in the City of Huntsville, Texas pursuant to Article 6252 -17, V.A.T.S.; and WHEREAS, the notice of public hearing included a description of the Project and the date, time and location of the public hearing concerning the approval of the Project; and WHEREAS, a public hearing was held at the date, time, and location specified in such notice, pursuant to the Rules and Regulations of the Commission, for the purpose of determining whether this governing body should approve the Project; and WHEREAS, this governing body has reviewed the Project proposed by B & T -3 Joint Venture and considered the same to determine whether said Project: A. Is consistent with the City's objectives for redevelopment of the Eligible Blighted Areas set out in said Resolution; B. Conforms with the limitations, if any, provided in said Resolution; C. Will contribute significantly to the fulfillment of the overall redevelopment objectives of the City for the Eligible Blighted Area; D. Conforms to the Project Approval Standards specified in the Rules and Regulations adopted by the Texas Economic Development Commission and the Resolution of this governing body designating Eligible Blighted Areas; E. Will increase and stabilize employment opportunities, significantly increasing or stabilizing the property tax base and promoting commerce within the State of Texas; and F. Is in furtherance of the public purposes of the Act; and WHEREAS, this governing body has concluded that it is in the best interest of the City and its inhabitants to request the Commission to approve the Project proposed by B & T -3 Joint Venture, and therefore desires to adopt this Resolution in compliance with the requirements of the Act, and rules and regulations of the Commission; as amended, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, THAT: SECTION 1: The public hearing on the question of whether the Project proposed by B & T -3 Joint Venture, to be constructed on the land described on Exhibit "A" attached hereto, should be approved, is hereby closed; that persons who appeared at such hearing to offer testimony or evidence with respect to such question were given an opportunity to be heard and were heard; that based upon the evidence before this governing body, both in the form of testimony and documentary, this governing body makes the findings and determinations set forth in the following Sections of this Resolution. SECTION 2: The Commercial Development Project proposed by B & T -3 Joint Venture, consists of the acquisition of .588 acres of land and the construction of a single building approximately 11,555 square feet to be used as a mezzanine strip shopping center and the acquisition and installation of related furniture, equipment, fixtures and facilities in Huntsville, Texas, on land being fully described on Exhibit "A" attached hereto and incorporated in and made part of this Resolution. SECTION 3: The Project is located in an Eligible Blighted Area established by this governing body of the City of Huntsville. SECTION 4: The Project is a Commercial Development and is for use by commercial enterprises within the meaning of the Development Corporation Act, as amended, and is a project that will contribute significantly to the alleviation of the blighted conditions found to exist in the Eligible Blighted Area heretofore designated by the City. SECTION 5: The Applicant for said Project, B & T -3 Joint Venture, has demonstrated to the satisfaction of this governing body, and this governing body finds that: A. Said Project is consistent with the City's objectives for redevelopment of the Eligible Blighted Area heretofore designated by the City; B. The Project conforms with the limitations, if any, provided in the Resolution of this governing body designating the Eligible Blighted Area; C. The Project will contribute significantly to the fulfillment of the overall redevelopment objectives of the City for the Eligible Blighted Area; D. The Project conforms to the Project Approval Standards of the Rules and Regulations of the Texas Economic Development Commission and the Resolution of this governing body designating the Eligible Blighted Area; E. The Project will increase and stabilize employment opportunities and will significantly increase or stabilize the property tax base and promote commerce within the City and the State; and F. The Project is in furtherance of the public purposes of the Act. SECTION 6: The Commercial Development Project proposed by B & T -3 Joint Venture should be and is approved by this governing body. SECTION 7: The City Secretary is hereby directed to provide a certified copy of this Resolution, including all exhibits, to the Executive Director of the Commission. SECTION 8: This Resolution is adopted for the purpose of satisfying the conditions and requirements of the Act and the Rules and Regulations of the Commission, and for the benefit of the corporation, the Unit, the City, the Commission, B & T -3 Joint Venture, the residents of the City, and all other interested persons. SECTION 9: 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 at the bulletin board at a place convenient to the public in the City Hall of the City of Huntsville for at least 72 hours preceding the scheduled time of such meeting; such place of posting being 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 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 as required by the Open Meetings Law, Article 6252 -17, Statutes, as amended. PASSED AND APPROVED this S I• / TARY, CITY OF HUNTSVILLE, TEXAS (CITY SEAL) Vernon's Annotated Texas Civil ay of 1985. MA C�T'Y OF HUNTSVILLE, T BEING a 0.588 acres of land situated in the Lewis Cox Survey, A -13, Walker County, Texas and being out of and a part of a 9.804 acre tract described in Volume 320, Page 600, Deed Records of Walker County, Texas. Said 0.588 acre tract being more described by metes and bounds as follows: COMMENCING at a concrete monument found in the North R.O.W. of Highway 30, being the Southwest corner of the above mentioned 9.804 acre tract, and also being the Southwest corner of a Brazos Savings Association of Texas, 2.138 acre tract, recorded in Volume 363, Page 407, Deed Records of Walker County; THENCE N 84 °34'12" F, with the North R.O.W. of Highway 30, a distance of 268.51 feet, to a 5/8" iron rod found on the West R.O.W. of Brazos Drive (50' R.O.W.); THENCE N 84 °32'11" E, continuing with the North R.O.W. of Highway 30, a distance of 50.14 feet to a 3/8" iron rod found on the East R.O.W. of Brazos Drive, being the Southwest corner and the POINT OF BEGINNING of herein described tract; THENCE N 00 °19'07" W, with the East R.O.W. of Brazos Drive, a distance of 225.18 feet to a 1/2" iron rod found for corner; THENCE N 84 °35'47" E, a distance of 114.03 feet to a 1/2" iron rod found for corner; THENCE S 00 °22'16" E, a distance of 225.04 feet to a 3/8" iron rod found for corner on the North R.O.W. of the above mentioned Highway 30; THENCE N 84 °32'10" W, with the North R.O.W. of Highway 30, a distance of 114.24 feet to the POINT OF BEGINNING and containing 0.588 acres of land more or less. EXHIBIT "A"