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HomeMy WebLinkAboutRES 83-343 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 Economic Development 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, Section 107.1 (b) (9 ) of the rules ( the "Rules" ) of the Commission for industrial projects sets out special rules for approval of commercial projects in blighted or 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 establishing an economically depressed area; and, WHEREAS, the act requires that notice of a hearing at which a City considers establishment of an economically depressed or blighted area shall be posted at the City Hall prior to such hearing; and, WHEREAS, on September 6 , 1983, the Governing Body of the unit adopted that certain Resolution calling a public hearing to consider designation of an area as an economically depressed area; and, - 2 - WHEREAS, pursuant to such resolution, notice of a public hearing was provided to the Commission and notice of such public hearing was published once a week for two consecutive weeks in a newspaper of general circulation in the City and notice of the public hearing was posted at the City Hall; 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 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 City Hall on September 27 , 1983, pursuant to the Act and Chapter 107 of the Rules of the Commission, for the purposes of establishing one or more economically depressed areas; and, WHEREAS, the Governing Body of the City has concluded 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 BEAUMONT: Section 1 . That the Governing Body hereby finds , determines and declares that the area outlined in red on the map attached as Exhibit "A" to this Resolution shall be declared to be an economically depressed area because such area suffers from a high relative rate of unemployment substantially impairing or arresting 3 - the sound growth of the City and constitutes an economic or social liability and is a menace to the public health, safety or welfare in its present condition and use. Section 2 . That the overall objectives of the City for redevelopment and recovery of the economically depressed area 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. 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, significantly increasing and stabilizing the property tax base and promoting commerce within the City and the State of Texas. D. To encourage employment of the inhabitants of the economically depressed area by encouraging employers to locate projects which will employ such persons in or adjacent to the economically depressed area. E . To promote convention and tourism related employment opportunities. F . To capitalize upon Beaumont' s position as a regional center of commerce, government, education, and finance. - 4 - �� �Z2 G. To protect the taxpayers' investment in community facilities and infra-structure ( streets, utilities, etc. ) in the City. H. To encourage new retail and service operations to meet the needs of the "daytime population" of downtown office workers. Section 3 . The 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 economically depressed area for commercial uses under the Act will contribute significantly to the alleviation of the blighted conditions found to exist in the economically depressed area. Section 4 . The Governing Body of the City, 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: hotels, restaurants, regional or national corporate headquarters, professional offices, retail and service establishments, wholesale trade and distribution, printing, automobile sales, department stores, banks and savings and loans, and other types of projects that support the City' s revitalization objectives. The commercial project must contribute to the economic growth or stability of the Unit by ( a) increasing or stabilizing employment opportunities; ( b) increasing or stabilizing the property tax base; or (c) promoting commerce within the City and the State. 5 - Section 5 . Based upon the City' s best estimates as of the date of this Resolution, a description of the proposed public improvements, if any , to be made in the economically depressed area, including the estimated commencement date, approximate schedule and sources of funds to be used by the City for such public improvements, are as set forth in Exhibit "B" to this Resolution. Section 6 . The Governing Body of the City will not approve any projects for commercial uses in or adjacent to the economically depressed area unless the applicant desiring approval of such project demonstrates to the satisfaction of the 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. 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 roperty 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. 6 - Section 7 . The Governing Body of the City hereby covenants and represents that it will review all project descriptions for approval of specific projects for commercial uses in order to determine whether such projects are consistent with the City' s objectives for redevelopment of the economically depressed area. Section 8 . The City Attorney 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 thirty ( 30) days from the date of receipt of such certified copy of this Resolution, the economically depressed area shall be deemed accepted by the Commission, and the City and the Corporation may thereafter approve projects for commercial uses in and adjacent to the economically depressed area in compliance with the Act, the Rules and this Resolution. Section 9 . 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 Commission, the residents of the City and all other interested persons. Section 10 . 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 7 - 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 Unit 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 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 BY THE CITY COUNCIL of the City of Beaumont this the day of .� / Mayor - - 8 - <� J AT "1►11. Ki4 FAIR !f LAMM BELAEMRE PARK f r i T CA,-DEft �. LAUREL ' tEAYYONT � YYNICIPAL l� AIRPORT - ""'� col [ � rswa 7 lq y avrr fit? - r, WALa[M OIIW� T ), A ,. r BELL PARK BEAUMONT.TEXAS LIW Ti V EXHIBIT "A" PROPOSED PUBLIC IMPROMEMENTS IN "ELIGIBLE BLIGHTED AREA" UPPER/LOWER PROJECT START/FINISH DATE FUNDING 'SOURCE COST Neighborhood Park Improvements: Weiss, 12-83/5-84 Urban Parks (UPARR) grant $200,000 Cottonwood, and McLean Parks Tyrrell Park Recreation Building Rehabilitation 1 -84/9-84 Urban Parks (UPARR) grant 142,500 Water Treatment Plant Improvements (in progress) Revenue Bonds 6,000,000 3-84 Sanitary Sewer and Sewage Treatment Plant Improvements (in progress) EPA grant and local funds 43,000,000 New Sanitary Landfill 11 -83/1 -84 General Fund 11000,000 Irving Street Drainage Outfall 10-83/4-84 Community Development 781 ,000 Block Grant (CDBG) Pope - Prince Street Drainage Project 11 -83/4-84 CDBG 152,000 Drainage Bond Issue Projects - (high priority 1984-1989 Bond Issue 16,000,000 drainage improvements throughout city) Transportation Improvement Program (in progress/ Bond Issue 28,500,000 (high priority thoroughfare 1986) improvements throughout city) All costs and start/finish dates are estimates as of 9/22/83 Sources: City of Beaumont Planning, Urban Transportation, and Water Utilities Departments EXHIBIT "B" � 1y