RESO 1984-10 - IDB Molar IncRESOLUTION NO. 84 -10
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 Molar, Inc., a
corporation organized and existing under the laws of the State of
Texas with its principal place of business at 2503 Lake Road, Suite 6,
Huntsville, Texas, is considering proceeding with the acquisition and
construction of a 140' x 40', 5,600 square feet office building and
the acquisition and installation of related furniture, equipment,
fixtures 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 May 17, 1984,
concerning the issuance of bonds to finance the Project proposed by
Molar, Inc., 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
Molar, Inc. 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 Molar, Inc., 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 Molar, Inc., 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 Molar,
Inc., consists of the acquisition and construction of a 140' x 40',
5,600 square feet office building 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, Molar, Inc., 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 Molar,
Inc. 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, Molar, Inc., 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.
ATT
PASSED AND APPROVED this 5th day of June, 1984.
MAYOR
v
CITY OF HUNTSVILLE, T AS
EC'ETARY,
CITY OF HUNTSVILLE, TEXAS
(CITY SEAL)