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RESO 1984-04 - Commercial Project RevelleRESOLUTIO: IBC. 8-11-1/ 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 and 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 David L. Revelle, an individual, and whose principal place of business is P.O. Box 216, Huntsville, Texas, is considering proceeding with the acquisition and construction of a 9,000 square feet commercial shopping center and the acquisition and installation of related furniture, fixtures, equipment and facilities (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 October 7, 1983 with respect to the issuance of bonds to finance the Project proposed by David L. Revelle, 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 David L. Revelle 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 David L. Revelle, 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 COMMISSION OF THE CITY OF HUNTSVILLE, TEXAS, THAT: SECTION 1: The public hearing on the question of whether the Project proposed by David L. Revelle, 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 David L. Revelle, consists of the acquisition and construction of a 9,000 square feet commercial shopping center and the acquisition and installation of related furniture, fixtures, equipment 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, David L. Revelle, 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 David L. Revelle 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, David L. Revelle, 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, Vernon's Annotated Texas Civil Statutes, as amended. PASSED AND APPROVED this SiS t day of January, 1984. MAYOR, RID T CITY OF HUNTSVILLE, TE CITY OF HUNTSVILLE, TEXAS (CITY SEAL) oRLej BEGINNING at an iron rod set for corner at the southeast intersection of Avenue M (a 50 -foot street) and 14th Street (a 75 -foot street) and from which point a 5/8 -inch iron rod with aluminum cap found for southwest corner Block 14, City of Huntsville (old City of Huntsville Fire Station tract) bears North 75.0 feet; THENCE, with south right -of -way 14th Street, S89 °32'45 "E 100.80 feet to an iron rod set for corner in the south edge of an old sidewalk, said point being also the northwest corner of the Hall Estate tract; THENCE, generally following a line of steel posts and an old fence and with the west boundary of the Hall tract, S00 °54'07 "W 206.25 feet to an iron rod set for corner in the north boundary of the George H. Vick tract as described by deed dated 22 January 1958; THENCE, with Vick north boundary and generally following an old fence line, S89 °37'37 "W 97.55 feet to an iron rod set for corner in the east right -of -way for Avenue M, from which iron rod a 1/2 -inch galvanized iron pipe found for northwest corner Vick tract bears S89 °37'W 1.89 feet; THENCE, with east right -of -way Avenue M, North 207.66 feet to the POINT OF BEGINNING, the boundaries thus described enclosing an area of 0.471 acres. EXHIBIT "A" CERTIFICATE FOR 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. I, the undersigned City Secretary of the City of Huntsville, Texas (the "Unit "), hereby certify as follows: 1. The City Council (the "Governing Body ") of the Unit convened in regular session at /TOO P.m., central standard time, on January 31st, 1984, (the "Meeting "), at the designated meeting place, and the roll was called of the duly constituted members of the Governing Body: to -wit: William V. Nash Mayor Larry Corley Councilman Bill Hodges Councilman Stephen E. Davis Councilman Murray A. Brown Councilman Jane Monday Councilwoman Jerry L. Dowling Councilman Percy Howard, Jr. Councilman Bob Tavenner Councilman All of such persons were present, except the following absentees: W LL // M v , N ASH thus constituting a quorum. Whereupon a written: 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 (the "Resolution ") was duly introduced for the consideration of the City Council and read in full. (V�o N b / Y moved and seconded that the Resolution be adopted; and, after due discussion, said motion, carrying with it the adoption of the Resolution, prevailed and carried by the following votes: For: 7 Against: L Abstained: 2. A true, full, and correct copy of the Resolution is attached to and follows this Certificate; the Resolution has been duly recorded in the minutes of the Meeting; the above and foregoing paragraph is a true, full, and correct excerpt from the minutes of the Meeting pertaining to the adoption of the Resolution; the persons named in the above and foregoing paragraph are the duly elected, qualified, and r acting members of the Governing Body; each of such members was duly and sufficiently notified officially and personally, in advance, of the time, place, and purpose of the Meeting, and that the Resolution would be introduced and considered for adoption at the Meeting, and each of such members consented, in advance, to the holding of the Meeting for such purpose; and the Meeting was open to the public, and public notice of the time, place, and purpose of the Meeting was given, all as required by Articles 6252 -17, Vernon's Texas Civil Statutes, as amended. SIGNED AND SEALED this c3 /S day of January, 1984. (Seal) y Secretary