1999-02-01Special Called Workshop of City Council

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DRAFT _ _ 2. Under current Texas law, the City cannot delegate or extend to the Board its power of eminent domain. If the applicable state law is amended to permit the delegation of extension of such power, the policy of the City is not to authorize the delegation or extension of its power to the Board. In addntion, the City will utilize its power of eminent domain within the Zone only if the City Council finds that a public purpose will be served by such an exercise of the City's power. If the Board proposes to condemn property for purposes related to redevelopment or urban renewal, the City will not exercise its power of eminent domain unless the City Council additionally finds that the property or the area immediately surrounding that property contains a substantial number of substandard, slum, deteriorated, or deteriorating structures. Provided, however, that in no event will the City condemn a residential homestead for purposes of redevelopment or urban renewal unless City Council finds that the property proposed to be condemned is, in fact, in a substandard or blighted condition. 3. The City will hold a public hearing prior to the approval of a Land Use Plan for the Zone. The Board will provide notice to all property owners within the Zone by certified mail, return receipt requested not less than fifteen (15) days prior to the hearing. 4. The City Council by ordinance may authorize the Board to provide for the management and administration of a public improvement district created within the Zone, as provided in such district's service plan required by law. E. Eligible Project Costs 1. In conformance with 311.002 of the Tax Code, the City shall consider the "but for" requirements required for the creation of the Zone and make a determination on a case by case basis of the project costs necessary to implement the Project Plan and Reinvestment Zone Financing Plan. The City may consider the following project costs but is neither obligated nor limited to the following: a. Off-site utilities required to bring utilities to the Zone (e.g. water, waste water, road and drainage facilities, street lighting and traffic lights); b. Upgrade existing infrastructure to advance future development within the Zone (e.g. lift stations, water and waste water improvements, turning lanes/intersection improvements, waste water treatment plant enhancements); 6