HomeMy WebLinkAboutRES 84-020 A RESOLUTION
WHEREAS, the City of Beaumont has declared itself to be an
economically depressed area due to a high rate of unemployment,
which is being experienced both within the City limits and the
Golden Triangle; and,
WHEREAS, a University of Massachusetts study shows that
$1. 2 billion of industrial development revenue bonds in the State
of Massachusetts generated $1 . 29 billion in state and federal tax
revenues and $ 6.5 billion in personal income over a 10-year period;
and,
WHEREAS, industrial development revenue bonds serve as a
catalyst for local business development; and,
WHEREAS, industrial development revenue bonds do not
substantially affect the rate of interest for traditional municipal
purpose bonds; and,
WHEREAS, the growth of tax exempt bonds in the United
States over the past few years has not been all that great in light
of the growth of the economy; and,
WHEREAS, the increased interest rates in the last few years
on traditional tax-exempt securities have been affected by the
reduced personal income tax, increased variety of tax shelters, and
institutional prof it problems ; and,
WHEREAS, the use of industrial development revenue bonds in
Beaumont provides local businesses with an incentive in a
competitive situation relating to new development; and,
WHEREAS, use of industrial development revenue bonds
stimulates new construction, creating new jobs and enhancing the
community of Beaumont; and,
WHEREAS, use of industrial development revenue bonds will
enhance Beaumont' s position as the central city in our economic
area, both in terms of sales, industry and health care provision;
and,
WHEREAS, the City Council of the City of Beaumont believes
that any additional limitations on the use of industrial
development revenue bonds should be established on a federally-
mandated basis in order to have uniformity among all localities;
and,
WHEREAS, the City Council must exercise review and approval
of each industrial development revenue bond application;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT, TEXAS:
That the City of Beaumont will approve the use of
industrial development revenue bonds for commercial projects which
are legally authorized to provide an incentive for development in
our community, subject to the standards contained in Sections 2 , 4 ,
6 and 7 of Resolution No. 83-343, a copy of which is attached
hereto as Exhibit "A" .
ADOPTED AND APPROVED ON THIS, the / .�i day of January ,
1984.
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AGENDA. ITEM
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WH -,kREAS, by resolution of the City Council ( the "Governing
Body" ) , the City of Beaumont, Texas ( the "City" ) , authorized and
apFrovel-., the creation of tho Feaurtont Industrial Development
Corporation ( the "Corporation" ) as a nonprofit industrial
develoi:n:,.;nt corporation under the provisions of the Developiz{ent
Corporation Act of 1979, Article 5190.6 , Vernon's Annotated Texas
Civil '( ?-atutes, as amended ( the "Act" ) ; and,
WHEREAS, the Corporation is authorized by the Act to issue
bonds o-1 behalf of the City for the purpose of paying all or a part
of 4 -osts of a "project" as defined in the Act, and to ltiase or
se.i i �iie project or to loan the proceeds of the bonds to f inc ft . _, all
or pert of the costs of a project; arid,
WHEREAS, the definition of "ur®Ject." .n tnc ;z -t iajc;ludes
the land, buildings , equipment, facilities and i.n�: �c=�T;�a€ r;� .., (one or
more) found by the Board of Directors of the Corps-s iti._;0 t.> be
required or suitable for the promotion of comMerrial ceve lopment and
expansion and in turtherance of the public purposes of tiie Oct, or
for use by comittercial 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,
WHE.RE'A.i, as used in the Act, the term "econcmica I ly
depressed areas" means those areas and areas immediately adjacent
thereto within a City which by reason of the presence of a
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EXHIBIT "A"
substantial number of substandard+, slum, deteriorated, or
de-1- riorating structures, or which suffer from a high relative rate
of unemployment, or which have been designated and included in a tax
incrc:r►ential district created unale=r 2,1&pt,�r 69 , Acts of the 66th
Lec2islature, 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,
VvH REAS, the governing body of the City desires to
autnorize the financing of certain projects for commercial uses as
provided in the Act and the Rules establishing an economically
de•t)ressed area; and,
VVHIEREAS, 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 Mall prior to such
hearing; and,
WHEREAS, on September 6 , 1983, the Governing Body of the
unit adopted that certain. Resolution calling a public hearin(j to
cons icer designation of an area as an economically dep-
cSSEtl area;
and,
2
WHEREAS, pursuant to such resolution, notice of a public
hearing was t;roviaea to the Commission and notice of such public
hearing was published once a week for twc consecutive weeks in a
newspaper of, general circulation in the City and notice of the
public hearing was ,"osted at the City Hail; 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 Mall on
Septeianer 27 , 1983, pursuant to the tact and Chapter 107 of the Rules
Of the Commission, for the purposes of establishing one or more
econafnically depressed areas; and,
[•fL EREAS, 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;
NUI% , THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEALMONT:
Section 1 .
That tie toverning body hereby finds, determines and
declares that the area outlined in red on the map attached as
Exhibit "A" to this 11::ecolution shall be declared to be an
economically depressed area because such area suffers i-rom a high
relative rate of unemployment substantially impairing or arresting
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the sound growth of the City and constitutes an economic or social
liabili+t',' is a menace to the public health, safety or welfare in
its present condition and use.
SEction 2 .
TnaL the overall objectives of the City for redevelopment
and recovery of the economically depressed area are as _follows:
A . :`o I}romote the present and prospective health, safety,
rights to gaintul 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 econorai.c growth
of the City and thu full employment, weltare and prosperity of its
citizens.
C . To encourage the econo=mic Growth and stability of the
City by increasing and stabilizing employ��ent opportunities,
significantly increasing and stabilizing the property tax base and
promoting commerce within the City and the State of Texas.
D. To encourage eugAoyment of the inhabitants of the
economically del;ressed area by en=couraging employers to locate
projects which will employ such persons in or adjacent to the
econoanically derressed area.
E . To lrornote convertien and tourism related employment
o portun it ies.
F . To capitalize upon Beaux• onto s position as a regional
cc liter of cc-fim erce, c=ove:mrient, education":, and finance.
G. To protect the taxpayers' investment in commiunity
facilities and intra-structure ( streets, utilities, etc. ) in the
City .
h . To encourage new retail and service operations to meet
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the needs of the "daytir:ae population" of downtown office workers.
Section 3 .
The Governing Body hereby finds , deter-mines, declares and
represents to the Commission that the availability of financing of
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projects to be located within or adjacent to the economically
depressed area ifor ccfamercial uses under the Act will contribute
significantly to the alleviation of the blighted conditions found to
exist in the economically depressed area.
Section K .
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.
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Section 5 .
Based upon the City' s best estbnatcs as of t};e date of
this Resolution, a description of the proposed public improvements,
it any , to be made in the economically depressed area, incluaing the
! estimated commencement sate, approximate schedule and sources of
funds to be used by the City for such public improvements, are as
set forth in Exhibit "E;" 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 aplicant desiring approval of such
project demonstrates to the satisfaction of the Governing body
tt-1at:
A. The project eontorms with the limitations, it any
provided in Section 4 of this Resolution.
B . The project. will significantly contribute to the
tuitiilment of the overall redevelopment objectives of the City.
C . The project conforms to the project approval standards
Mules and this Resolution by increasing or stabilizing
ea .)loyn1,ent opportunities, signiticant1v increasing or stabilizing
t3sc roperty tax base and promoting commerce within the City anti the
.Mate; and,
D. The project is in furtherance of the public i:)urpcses
of the Act.
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Se(-,t ion 7 .
"Tie t overning 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
i,, :r iting within thirty ( 30) days from the date of receipt of such
ce t Bled copy of times Resoiution, the economically cepressed area
sham a deemed accel_ ted r)y the Commission, and the City and tie
r-ion may thereafter approve projects for coma-tercial uses in
ano ;a{. Jr cent to the econoxniically depressed area in coMpliancE., with
t ta,Ci_ , the Rules and t is Resolution.
Section. 9 .
This Resolution is ad^t teci for the purposes of satisfying
tt,� itions and requirements of the Act and the Rules, and for
the oenetit of the Corporation, the Unit, the Commission, -the
resioen-s of the City and all other interested persons.
section 10 .
The Governing Body r.as considered evidence of the posting
0-- :'dice of this meeting and ofticially finds, determines, recites
and declares that a Sufficient %,ritten ,-notice of the elate, hour and
;a place of this meeting and of the subject of this Resolution was
Posted C M '.:c- ;u'_ lc. tin board at a place convenient to the public in
the City Hali of the Unit for at least seventy-two (72) hours
preceding i: Le sche-duleo time of suc�� meet-in:. such dace of posting
was readily accessible to tci� ;;��neral pubis c e:t a, , 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 rec4uired by
the Open Meetings Lana, Article 625: -17 , Vernon' s Annotated Texas
Civil Statutes, as amended.
PASSED by Thl CI Y COUNCIL of the City of Beaurc,011t this
the day of
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��ZC7 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
later 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 1 ,000,000
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
lrainage 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 O
EXHIBIT "B" A J