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HomeMy WebLinkAboutRES 83-316 R E S O L U T I O N WHEREAS, by resolution of the City Council (the "Governing Body" ) , the City of Beaumont, Texas ( the "City" ) , authorized and approved the creation of the Beaumont Industrial Development Corporation ( the "Corporation" ) as a nonprofit industrial development corporation under the provisions of the Development Corporation Act of 1979, Article 5190.6 , Vernon' s Annotated Texas Civil Statutes, as amended ( the "Act" ) ; and, WHEREAS, the Corporation is authorized by the Act to issue bonds on behalf of the City 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 economically depressed areas; and, WHEREAS, as used in the Act, the term "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, the Act requires that a notice of a hearing at which the City considers establishment of an economically depressed area shall be posted at the City Hall prior to such hearing; and, WHEREAS, the Rules ( the "Rules" ) of the Texas Industrial Commission ( the "Commission" ) for industrial revenue bond projects set out special rules for approval of commercial projects in economically depressed areas; and, WHEREAS, the governing body of the City desires to authorize the financing of certain projects for commercial uses as provided in the Act and the Rules by establishing the entire City as an eligible economically depressed area. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: Section 1 . That a public hearing concerning designation of the area outlined in red on the map of the City, attached hereto as Exhibit 2 - �,�-3A as an eligible economically depressed area area, as defined in the Act and the Rules, shall be held in the City Council Chambers at the City Hall on September 27 , 1983, at 1 : 15 p.m. Such public hearing shall be held pursuant to the provisions of the Act and the Rules for the purposes of establishing one or more eligible economically depressed areas. Section 2 . The City Attorney is hereby authorized to notify the Commission of the intention of the City to hold such public hearing by providing a certified copy of this resolution to the Executive Director of the Commission not less than fifteen ( 15) days prior to the date established for the public hearing in Section 1 of this resolution. Section 3 . Notice of the public hearing shall be published once a week for two consecutive weeks in a newspaper of general circulation in the City and notice of the public hearing shall be posted at the City Hall at least fifteen ( 15) days prior to the date of the public hearing. The notice as published and posted shall contain a description of the area or areas to be designated as an eligible economically depressed area ( as shown on Exhibit "B" hereto) and shall contain the date, time and location of the public hearing. Section 4 . 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 City, the Commission, the residents of the unit and all other interested persons. 3 - -Section 5 . 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 , for at least seventy-two (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 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 BY THE CITY COUNCIL of the City of Beaumont this the �fir.. day of - Mayor - 4 - -z3 ai,�