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HomeMy WebLinkAboutORD 82-132 ORDINANCE NO. ENTITLED AN ORDINANCE DESIGNATING A CERTAIN AREA AS REINVESTMENT ZONE NUMBER ONE, CITY OF BEAUMONT, TEXAS; ESTABLISHING A BOARD OF DIRECTORS FOR SUCH ZONE; AND OTHER MATTERS RELATING THERETO. WHEREAS, the City Council of the City of Beaumont, Texas ( the "City" ) , desires to promote the development or redevelopment of a certain contiguous geographic area within its jurisdiction by the creation of a reinvestment zone, as authorized by Article 1066e, Vernon' s Texas Civil Statutes ( the "Act" ) ; and WHEREAS, a public hearing before the City Council was called for 1 : 30 p.m. on the 23rd day of November, 1982, such date being at least seven (7 ) days after the date of publication of the notice of such public hearing; and, WHEREAS, the City has called a public hearing and published notice of such public hearing, as required by Section 4 of the Act, and has given written notice to all taxing units overlapping the territory inside the proposed reinvestment zone; and, WHEREAS, upon such hearing being convened there was presented proper proof and evidence that notice of such hearing had been published and had been mailed as described above; and, WHEREAS, the City at such hearing invited any interested person to appear and contend for or against the creation of the reinvestment zone, the boundaries of the proposed reinvestment zone, whether all or part of the territory which is described by the metes and bounds description attached hereto as Exhibit A and depicted in the plat attached hereto as Exhibit B should be included in such proposed reinvestment zone, the concept of tax increment financing and the appointment of a board of directors for the proposed reinvestment zone; and, WHEREAS, all owners of property located within the proposed reinvestment zone and all other taxing units and other interested persons were given the opportunity at such public hearing to protest —2 7- the creation of the proposed reinvestment zone or the inclusion of their property in such reinvestment zone; and, WHEREAS, the proponents of the reinvestment zone offered evidence, both oral and documentary , in favor of all of the foregoing matters relating to the creation of the reinvestment zone, and opponents of the reinvestment zone appeared to contest creation of the reinvestment zone; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1 . That the facts and recitations hereinabove are hereby found and declared to be true and correct. Section 2 . The City, after conducting such hearing and having heard such evidence and testimony, has made the following findings and determinations based on the evidence and testimony presented to it: (a) That the public hearing on adoption of the reinvestment zone was properly called, held and conducted, and that notice of such hearing was published as required by law and mailed to all taxing units overlapping the territory inside the proposed reinvestment zone; and, (b) That the City had jurisdiction to hold and con- duct the public hearing on the creation of the proposed reinvestment zone pursuant to the Act; and, (c) That creation of the proposed zone with boundaries as described in Exhibits "A" and "B" will result in benefits to the City, its residents and property owners, and to the property, residents and property owners in the reinvestment zone; and, - 2 - (d) That the reinvestment zone, as defined in Exhibits "A" and "B" , meets the criteria for the creation of a reinvestment zone as set forth in Section 3 of the Act in that: ( 1 ) It is a contiguous geographic area located wholly within the corporate limits of the City. ( 2) The area within the reinvestment zone substantially impairs or arrests the sound growth of the City; retards the provision of housing accommodations; constitutes an economic and social liability and is a menace to the public health, safety, morals and welfare in its present condition and use due to the presence of a substantial number of substandard, slum, deteriorated or deteriorating structures; a predominance of defective or inadequate sidewalk or street layout; unsanitary or unsafe conditions; deterioration of site or other improvements; and the existence of conditions that endanger life or property by fire or other cause. ( 3 ) Not more than 10 percent of the property in the zone, excluding that dedicated to public use, is used for residential purposes, which is defined in the Act as any property occupied by a house which has less than five living units. (4 ) The total appraised value of all taxable real property in the zone - 3 - according to the most recent appraisal rolls of the City, together with the total appraised value of taxable real property in all other existing reinvestment zones within the City, if any, according to the most recent appraisal rolls of the City, does not exceed 15 percent of the current total appraised value of taxable real property in the City. (5 ) Improvements in the reinvestment zone will enhance significantly the value of all taxable real property in the reinvestment zone. Section 3 . That the City hereby creates a reinvestment zone within the area described by the metes and bounds in Exhibit "A" attached hereto and depicted in the plat attached hereto as Exhibit "B" and such reinvestment zone shall hereafter be identified as Reinvestment Zone Number One, City of Beaumont, Texas ( the "Zone" ) . Section 4 . That there is hereby established a board of directors for the Zone which shall consist of seven ( 7 ) members. The City Council of the City hereby appoints the following residents of the City, who meet the eligibility requirements as set forth in the Act, to serve as members of the board of directors: William Philli2s, Jr. Wilton White Richard LeBlanc Bill Wilson Murry Frank Yvonne Craig Ed Edson, IIT - 4 - The first four ( 4 ) directors listed above are hereby appointed for two-year terms while the last three ( 3 ) are appointed for one-year terms. All subsequent appointments will be for two-year terms. The City Council hereby designates Wilton White to serve as chairman of the board of directors, and authorizes the board to elect from its members a vice chairman and other officers as it sees fit. The board of directors shall make recommendations to the City Council concerning the administration of the Zone. It shall prepare, or cause to be prepared, and adopt a project plan for the Zone and must submit such plan to the City Council for its approval. The City hereby delegates to the board of directors all powers necessary to prepare and implement such project plan, subject to approval by the City Council, including the power to employ consultants to assist in the preparation of the project plan and in the issuance of tax increment obligations. Section 5 . That operation of the Zone shall commence on January 1 , 1983, and that termination of the operation of the Zone shall occur on January 1 , 2004, or at an earlier time designated by subsequent ordinance, or at such time, subsequent to the issuance of tax increment bonds, as all project costs and tax increment bonds, and the interest thereon, have been paid in full. Section 6 . That the Tax Increment Base for the Zone, which is the total appraised value of all taxable real property in a reinvestment zone, is to be determined as of January 1 , 1982, the year in which the Zone was designated a reinvestment zone. Section 7 . That there is hereby created and established a Tax Increment Fund for the Zone which may be divided into such subaccounts as may be authorized by subsequent ordinances, into which all Tax Increments are to be deposited. The Tax Increment Fund and - 5 - any subaccounts are to be maintained at the depository bank of the City and shall be secured in the manner prescribed by law for Texas cities. The Tax Increments shall equal the amount of property taxes levied for a year on the captured appraised value, that is the amount by which the current appraised value of all taxable real property located in the Zone exceeds its Tax Increment Base, less any other funds which are to be allocated from the Tax Increments pursuant to the Act. All revenues from the sale of any increment finance bonds and notes hereafter issued by the City may be deposited into such fund or subaccount from which money will be disbursed to pay project costs for the Zone or to satisfy the claims of holders of tax increment bonds or notes issued for the Zone. Section 8 . That if any section, paragraph, clause or provision of this Ordinance shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause or provision shall not affect any of the remaining provisions of this Ordinance. Section 9 . That it is hereby found, determined and declared that a sufficient written notice of the date, hour, place and subject of the meeting of the City Council at which this Ordinance was adopted was posted, as required by the Open Meetings Law, Article 6252-17, Vernon' s Texas Civil Statutes, as amended, and that this meeting has been open to the public as required by law at all times during which this Ordinance and the subject matter hereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 10. That the contents of the notice of public hearing, which hearing was held before the City Council on November 23, 1982 and the - 6 - publication of said notice, is hereby ratified, approved and confirmed. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 7,66 day of 19 �a . Mayor - P,ee_ - 7 - t / ( A point in the South right of wayine .of Wall Street and the Southwest right of way line of Trinity Street for the Point of Beginning of the herein described tract; THENCE Northeast along the Southeast right of way line of Wall Street 1083.33 feet to a point in the Southwest right of way line at Orleans { Street and continuing along a line that would be the Southeast right of way line of Wall Street a distance of 1283.33 feet to the Southwest right of way line of the Santa Fe Port. Railroad for a total distance of 2346.66 feet; THENCE Northwest along the Southwest right of way line of the Santa Fe Port Railroad a distance of 808 feet to the intersection of the North right of way line of Hickory Street; THENCE West along the North right of way line of Hickory Street a distance of 370.41 feet- to an intersection of the Northeast right of way line of Main Street; THENCE Northwest along the Northeast right of way line of Main Street a distance of 1173 feet to the intersection of the Northeast _right of way line of Main Street and the extension of the North right of way line of Broadway, being also in the East right of way line of North Main; THENCE Southwest along the Northwest right of way line of Broad- way a distance of 692.21 feet to the intersection of the North right of way line of Broadway and the Northeast right of way line of Orleans Street; THENCE West across the intersection of Willow, Broadway and Orleans Streets to a point of intersection in the West right of way EXHIBIT "A" ANk • ' , line of Willow Street and the South Might b way line of Broadway a dis- tance of 169 feet; THENCE South along the Nest right of way line of Willow Street a distance of 300 feet to the intersection of the North right of way line of Liberty; THENCE nest along the North right of way line of Liberty a distance of 376 feet to a. point opposite the West right of way line of Janes Street; THENCE South along the West right of way line of Janes Street a distance of 315.5 feet to a point where the Southeast right of way line of Neches Street intersects the West right of way line of Janes Street; THENCE Southeast along the Southwest right of way line of Neches Street a distance of 581 feet to the intersection of the Southwest right of way line of Neches Street and the Northwest right of way line of Crockett Street; THENCE along the Northwest right of way line of Crockett Street Southwest a distance of 361.1 feet to the intersection of the Northwest right of wary line of Crockett Street and the Southwest right of way line of Trinity Street; THENCE Southeast along the Southwest right of way line of Trinity Street a distance of 1693.59 feet to the Point of Beginning. 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