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HomeMy WebLinkAboutRES 82-174 gz 7� R E S 0 L U T 1 0 N WHEREAS, by resolution of the City Council (the "Governing Body" ) , of 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 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 the 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 Texas Industrial Commission (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 one or more eligible blighted areas; 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 April 13, 1982, the Governing Body of the Unit adopted that certain "Resolution of the City Council Authorizing Provision of Notice to the Texas Industrial Commission and Publication of Notice with Respect to a Public Hearing to Consider Designation of One or More Eligible Blighted Areas within the City; Describing One or More Eligible Blighted Areas to be Designated by the City; Determining the Date, Time and Location of a Public Hearing; and Containing Other Provisions Relating to the Subject" ; and WHEREAS, pursuant to such resolution, notice of a public hearing was provided to the Texas Industrial Commission (the "Commission" ) on April 13, 1982 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 bearing was posted at the City Hall on April 23, 1.982; and 2 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 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 May 11, 1982, pursuant to the Act and Chapter 107 of the Rules of the Commission, for the purposes of establishing one or more eligible blighted 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, THAT; Section 1. The Governing Body hereby finds, determines and declares that the area outlined in red on the map attached as Exhibit 11A" to this Resolution shall be declared to be an eligible blighted area (f1EBA11 ) because such area, by reason of the presence of a substantial number of substandard, slum, deteriorated, or deteriorating structures and which suffers from a high relative rate of unemployment or a combination of the foregoing, substantially impairs or arrests the sound growth of the City, 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. 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. B. To promote the continued existence, development and expansion of commerce and industry essential to the economic 3 - 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 EBA by encouraging employers to locate projects which will employ such persons in or adjacent to the EBA. 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. G. To protect the taxpayers ' investment in community facilities and infra-structure (streets, utilities, etc. ) in the downtown area. H. To aid the downtown area in making the transition from its previous economic function as a retail trade center to a center of entertainment, tourism, professional offices, government and finance. I. 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 EBA for commercial uses under the Act will contribute significantly to the alleviation of the blighted conditions found to exist in the EBA. 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, - 4 - retail and service establishments, wholesale trade and distribution, printing, ship's channelers, 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. 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 EBA, 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 IIBII to this Resolution. Section 6. The Governing Body of the City will not approve any projects for commercial uses in or adjacent to the EBA 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 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. Section 7. The Governing Body of the City hereby covenants and represents that it will review all project descriptions for 5 710 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 EBA. Section 8. The Mayor of the City 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 thereafter approve projects for commercial uses in and adjacent to the EBA 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 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 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. - 6 - 1932.PASSED AND APPROVED this day of Mayo r - - 7 - � I • N PROPOSED "ELIGIBLE BLIGHTED i►�' �_ _. � -tea. . .� �•Jy AREA �. Beaumont • f'•t 4/82 PROPOSED PUBLIC IMPROVEMENTS IN "ELIGIBLE BLIGHTED AREA" PROJECT BEGIN COMPLETE FUNDING SOURCE Civic Auditorium DESCRIPTION Renovations & Improvements 9/80 9/82 1974 Bond Issue Convert old City Auditorium Riverfront Park to performing arts theatre 2/82 1/83 1974 Bond Lssue Passive recreation and State and Federal special events facilities Grants on downtown riverfront Lamar Freeway (Spur 380) 1979 1995 State, local funds Expressway will reduce ' volume of unnecessary through traffic and:'improve Downtown Transit access to downtown Transfer Facility Central transfer Point for municipal bus system College Street Improvements 1983 1984 9 1981 Bond Issue Widening, signalization, and channelization improvements to College Street including Liberty/Laurel Streets downtown areas -` Improved arterial access in and out of downtown area