RESO 1984-17(A) - IDB Normal Park PropertyRESOLUTION NO. g1/47-1:4
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
1/
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 Normal Park
Properties, a partnership organized and existing under the laws of the
State of Texas with its principal place of business at P.O. Box 1770,
Huntsville, Texas, is considering proceeding with the construction of
a 40,000 square feet, two -story lease office and retail building to be
located on a 5 acre tract of land 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 June 28, 1984,
with respect to the issuance of bonds to finance the Project proposed
by Normal Park Properties, 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 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
Normal Park Properties 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 Normal Park Properties, 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 Normal Park Properties, 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 Normal
Park Properties, consists of the construction of a 40,000 square feet,
two -story lease office and retail building to be located on a five
acre tract of land 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, Normal Park
Properties, 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 Normal
Park Properties 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, Normal Park
Properties, 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 2 day of LJC( 5 , 1984.
TY SECRETARY,
CITY OF HUNTSVILLE, TEXAS
(CITY SEAL)
MAYOR, (v 11.l-1A M V_ N ASH
CITY OF HUNTSVILLE, TEXAS
MURRAY & MOORER, INC.
REGISTERED PUBLIC SURVEYORS
HUNTSVILLE. TEXAS 77340
TIIE STATE OF TEXAS 5
COUNTY OF WALKER
1, the undersigned J. S. MOORER, R:'yistered. Public Surveyor
No. 1559, do hereby certify that the following field notes repre-
sent a survey made on the ground of the following described
tract or parcel of land located in Walker County, Texas.
Being 5.00 acres (217,810 square feet) of land, situated in
the City of Huntsville, P. CRAY LEAGUE, Abstract No. 24, Walker
County, Texas and being out of and a part of a called 3.35 acre
tract described in a Deed from Lois Fitch Black to F. Ray Black,
Jr., et al, dated December 15, 1975 and recorded in Volume 284,
Page 358, Deed Records of Walker'County, Texas, and being also
out of and a part of a called 40 acre tract described in a Deed
from Lois Fitch Black to F. Ray Black, Jr.., et al, dated
December 6, 1976 and recorded in Volume 297, Page 412, Deed
Records of Walker County, Texas, said 5.00 acre tract herein
described being also out of and a part of the residue of a
called 61.07 acre tract described in a Deed from Thomas A.
Hallmark to Ray Black dated June 14, 1946 and recorded in Volume
115, Page 554, Deed Records of Walker County, Texas, and being
more definitely described by metes and bounds as follows:
BEGINNING at a point in the west line of said F. Ray Black,
Jr., et al, called 3.35 acre tract at the northwest corner of a
called 5.814 acre tract described in a Deed from Dr. Roland E.
Black, et al, to American Bank of Huntsville dated March 25,
1983 and recorded in Volume 410, Page 641, Deed Records, found a
5/8" iron rod for corner in the east line of Normal Park Road;
THENCE N14 °28'30 "w, with the east line of said Normal Park
Road and the west line of said Black 3.35 acre tract, a distance
of 326.00 feet to a 5/8" iron rod set for the northwest corner
of the 5.00 acre tract herein described;
THENCE N75 °28'10 "E - 676.45 feet to a 5/8" iron rod set for
corner;
THENCE S14 °28'25 "E - 298.05 feet to a 5/8" iron rod set for
corner in the most easterly north line of said American Bank
5.814 acre tract;
THENCE S61 °17'00 "W, with the most easterly north line of
said Fmerican Bank 5.814 acres, a distance of 196.40 feet to a
5/8" iron rod found for an angle corner in the north line of
said 5.814 acres;
THENCE S75 °28'10 "w, with the most westerly north line of
said American Bank 5.814 acre tract, a distance of 482,10 feet
to the PLACE OF BEGINNING.
Surveyed in June, 1984.
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J. S. :., ;U: :JR ;:1,
Signed:
EXHIBIT A
1
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J. S. MOORER
Rey:" Public Surveyor Nn. 1572