RESO 1983-10 - Designating Blighted AreasRESOLUTION NO. 83-10
A RESOLUTION BY THE GOVERNING BODY OF THE CITY OF
HUNTSVILLE, TEXAS, DESIGNATING THE ENTIRE AREA OF THE
CITY AS AN ELIGIBLE BLIGHTED OR ECONOMICALLY DEPRFSSED
AREA UNDER THE DEVELOPMENT CORPORATION Acr OF 1979, AS
AMENDED, AND THE RULES AND REGULATIONS ADOPTED BY THE
TEXAS INDUSTRIAL COMMISSION, MAKING FINDINGS IN
CONNECTICN THEREWITH; AND PROVIDING AN EFFECTIVE DATE.
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 a 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, or for use by commercial enterprises, all
as defined in the rules of the Texas Industrial 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 desig-
nated 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/or a menace of the public health, safety or welfare in their present
condition and use; and
WHEREAS, the Rules for Issuing Industrial Revenue Bonds dated November
1981 (4th Printing) (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"), desires 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 or economically depressed
areas, and
WHEREAS, notice of public hearing was mailed, first class mail, to the
Commission on July 13, 1983, and notice of such public hearing was
published once a week for two consecutive weeks, on July 15, 1983 and July
22, 1983, in a newspaper of general circulation in the City and notice of
the public hearing was posted at the City Hall on July 13, 1983; and
WHEREAS, 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 or economically depressed areas
and the date, time, and location of the public hearing concerning such
designation; and
WHEREAS, a public hearing was held at the date, time and location
specified in such notice, pursuant to the Act and Rule .002(b) (9) of the
Commission for the purposes of establishing one or more eligible blighted
or economically depressed areas; and
WHEREAS, this governing body has concluded it is to the best interest
of the City and its inhabitants to request the Commission to approve
projects for commercial uses and therefore desires to adopt this resolution
in compliance with the requirements of the Act and the Rules:
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
HUNTSVILLR, TEXAS, THAT:
Section 1: The public hearing on the question of whether the entire area of
the City should be declared to be an eligible blighted or economically
depressed area 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, it is now found and determined that the entire area
within the City of Huntsville (and shown on the map attached as
Exhibit A) is an eligible blighted or economically depressed area
("EBA") 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 substantially impair or arrest the sound growth of the
City, or constitute an economic or social liability and/or a menace to
the public health, safety, or welfare in their present condition and
use.
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Section 2: The overall objectives of the City for redevelopment and
recovery of the EBA are as follows:
A. To promote the present and prospective health, safety, rights to
gainful employment and general welfare of the people of the City
and the State of Texas (the "State ").
B. To promote the continued existence, development and expansion of
commerce and industry essential to the economic growth of the
City and the full employment, welfare and prosperity of its
citizens.
C. To encourage the economic growth and stability of the City by
increasing and stabilizing employment opportunities, significant-
ly increasing and stabilizing the property tax base and promoting
commerce within the City and the State.
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: This governing body hereby finds, determines, declares and
represents to the Commission that the availability of financing of
projects to be located within or adjacent to the EBA for commercial
uses under the Act will contribute significantly to the alleviation of
the blighted or economically depressed conditions found to exist in
the EBA.
Section 4: This governing body, in order to enhance its development
efforts, desires and authorizes all commercial projects that are an
integral part of the local economy, including, but not limited to,
commercial projects that contribute or stabilize employment
opportunities; increase or stabilize the property tax base; or promote
commerce within the City and the State.
Section 5: This governing body will not approve any projects for
commercial uses in the EBA unless the applicant desiring approval of
such project demonstrates to the satisfaction of this governing body
that:
A. The project conforms with the limitations, if any, provided in
Section 4 of this Resolution;
B. The project will significantly contribute to the fulfillment of
the overall redevelopment objectives of the City for the EBA;
C. The project conforms to the project approval standards of the
Rules and this Resolution by increasing or stabilizing employment
opportunities, significantly increasing or stabilizing the
property tax base and promoting commerce within the City and the
State; and
D. The project is in furtherance of the public purposes of the Act.
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Section 6: This governing body hereby covenants and represents that it
will review all project descriptions for approval of the specific
projects for commercial uses in order to determine whether such
projects are consistent with the City's objectives for redevelopment
of the EBA.
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 as required by the Rules. Unless the City
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
City and the Corporation may hereafter approve projects (including
those projects for which written commitments and agreements have been
made pursuant to Resolution of the Board of Directors of the
Corporation prior to the date of this Resolution) for commercial uses
in the EBA in compliance with the Act, the Rules and this Resolution.
Section 8: This Resolution is adopted for the purposes of satisfying the
conditions and requirements of the Act and the Rules, and for the
benefit of the Corporation, the Unit, the City, the Commission, 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 on
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 was 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
opened 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 2nd day of
AYES:
NOES:
ABSTAINED:
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haw, City Secretary
August 1983.
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William V. Nash, Mayor
City of Huntsville, Texas