HomeMy WebLinkAboutR-1982-08
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RESOLUTION 82-7
A RESOLUTION AUTHORIZING PROVISION OF NOTICE TO THE TEXAS INDUS-
TRIAL 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.
WHEREAS, by resolution of the Ci ty Council (the "Governing
Body"), the City of La Porte (the "unit"), authorized and approved
the creation of the City of La Porte Industrial Development
Corporation (the "Corporation") as a nonprofit industrial develop-
ment corporation under the provisions of the Development Corpor-
ation 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 Unit 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 develop-
ment 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 economi-
cally depressed areas" means those areas and areas immediately
adjacent thereto wi thin 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 Civ.il Statutes), or any combination of the fore-
going, the city finds and determines, after a hearing, substan-
tially impair or arrest the sound growth of the city, or consti-
tute an economic or social liability and are a menace to the
public health, safety or welfare in their present condition and
use; and
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Resolution 82-7, Page 2.
WHEREAS, the Act requires that a notice of a hearing at
which the city considers establishment of an economically depressed
or blighted area shall be posted at the city hall prior to such
hearing; 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 pro-
jects 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 by establishing one or more eligible
blighted areas;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF LA PORTE, THAT:
Section 1. A. public hearing concerning designation of the
area(s) outlined in a heavy black line on the attached map of
the city as one or more eligible blighted areas, as defined in
the Act and the Rules, shall be held in the City Council Chambers
a t the Ci ty Hall, 604 W. Fairmont parkway, La Porte, Texas, on
July 7, 1982, at 7:00 o'clock p.m., Central Daylight Savings
Time. Such public hearing shall be held pursuant to the provi-
sions of the Act and Chapter 107 of the Rules for the purposes
of establishing one or more eligible blighted areas.
Section 2. The City Secretary of the City is hereby author-
ized 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 (l5) 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 blighted area (as shown on Exhibit "A"
hereto) and shall contain the date, time and location of the
public hearing.
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Resolution 82-7, page 3.
Section 4. The notice as published and posted shall also
include the information shown on Exhibit "B" to this Resolution
with respect to the reasons for the designation by the City of
the eligible blighted area, the description of the overall objec-
tives of the City for redevelopment and recovery of the eligible
blighted area, a description of the type of projects for com-
mercial uses desired and authorized by the City to enhance its
redevelopment efforts in the eligible blighted area and a des-
cription of any exclusions or limi tations by type or amount of
commercial uses which the City would consider detrimental to
its effort to redevelop the eligible blighted area.
Section 5. 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 Unit and all other interested
persons.
Section 6. 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 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, con-
sidered and formally acted upon, all as required by the Open
Meetings Law, Arti.cle 6252-17, Vernon's Annotated Texas Civil
Statutes, as amended.
PASSED AND APPROVED, this the 2nd day of June, 1982.
CITY OF LA PORTE
By
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Resolution No. 82-7, page 4.
APPROVED:
~c;)
Cl.ty Attorney
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EXHIBIT "A"
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BOUNDARIES OF THE PROPOSED
CITY OF LA PORTE
ELIGIBLE BLIGHTED AREA
BEGINNING at a point in the south right-of-way line of Spencer
Highway (100 foot wide), said point being the intersection of the
south right-of-way line of Spencer Highway and the east line of the
San Jacinto College 141 acre tract1 said point being coincident
with the northwest corner of College view Municipal Utility District
as per Article 8280-381 of Vernon' s Civil Statutes of the State of
Texas1
THENCE, southerly along the west line of the College View
Municipal utility District and the east line of the San Jacinto
college 141 acre tract to its intersection with the north line of
Fairmont Parkway 250 foot right-of-way, same being the southeast
corner of the said San Jacinto College 14l acre tract and the
southwest corner of the College View Municipal Utility District1
THENCE, southerly along a projection of
College View Municipal utility District and
San Jacinto College 141 acre tract to its
south right-of-way line of Fairmont Parkway
to a point for corner1
the west line of the
the east line of the
intersection with the
250 foot right-of-way
THENCE, east along the south line of Fairmont parkway 250 foot
wide right-of-way to its intersection with the west line of a 200
foot wide Harris County Flood Control District right-of-way for
Willow Spring Gully which is designated as Ditch No. Bl12-00-00,
for a point for corner;
THENCE, southwesterly coincident with the meanders of the west
line of the 200 foot wide right-of-way of Willow Spring Gully,
Harris County Flood Control District Ditch Bl12-00-00, to its inter-
section with the north corporate limit of the City of pasadena, same
being the north line of a 200 foot wide strip annexed by the City of
Pasadena and also being the south line of the W. M. Jones Survey and
the north line of the George B. MCKinstry Survey, Abstract No. 47,
for a point for corner;
THENCE, east wi th the north line of the George B. MCKinstry
Survey A-47 and the south line of the W. M. Jones Survey and the
corporate limit line of the City of Pasadena to the east line of
the 200 foot wide right-of-way of Willow Spring Gully, Harris County
Flood Control District Ditch Bl12-00-001
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THENCE, southwesterly wi th the east line of the 200 foot wide
right-of-way of Willow Spring Gully Harris County Flood Control
District Ditch Bl12-00-00 to a point 469 feet south of the north
line of the George B. MCKinstry Survey A-47;
THENCE, east 469 feet south of and parallel to the north line
of the George B. MCI<instry Survey A-47 to a point 200 feet west of
the west line of that certain tract of land conveyed to Dart Industries
and El Paso Products Company by Friendswood Development Company
by deed dated March 14, 1974, and recorded under Film Code Number
103-11-0868, Deed Records, Harris County, Texas1
THENCE, north 200 feet west of and parallel to the west line
of the property owned by Dart Industries and El Paso Products
Company a distance of 469 feet to the north line of the George B.
MCKinstry Survey A-47 and the corporate limit line of the City of
Pasadena, Harris County, Texas1
THENCE, easterly along the north line of the George B. MCKinstry
Survey, Abstract No. 47, to its intersection with the center line
of Big Island Slough, for a point for corner1
THENCE, southerly along the meanders of the center line of Big
Island Slough to its intersection wi th a line parallel to and 3410
feet more or less measured at right angles southerly from the north
line of the George B. MCKinstry Survey, Abstract No. 47, for a point
for corner, said point being on the north line of that territory
annexed to the City of Houston by Ordinance No. 65-1555 B-R1
THENCE, easterly along the north line of the said territory
described by City of Houston Ordinance No. 65-1555 B-R, and its
easterly extension, to its intersection with the west right-of-way
line of the G. H. & S. A. Railroad, for a point for corner;
THENCE, southerly along the west right-of-way line of the
G. H. & S. A. Railroad to its intersection with the westerly extension
of the north right-of-way line of McCabe Road;
THENCE, easterly with the westward projection of the north
right-of-way line of McCabe Road, and the north right-of-way line of
McCabe Road, and the eastward projection of the north right-of-way
line of McCabe Road, to a point in the east right-of-way line of
Old State Highway 146 (also known as South Broadway), said point
being the intersection of the north right-of-way line of McCabe
Road, extended easterly, with the east right-of-way line of Old
State Highway 146;
THENCE, southerly along the
State Highway 146 (also known as
right-of-way
Broadway) to
Old
for
line of
a point
east
South
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corner, said point being the intersection of the east right-of-way
line of State Highway 146 with the north line of the pine Bluff
Addition and the south line of the Crescent View Addition;
THENCE, easterly along the north line of the pine Bluff Addition
and the south line of the Crescent View Addi tion to a point at the
intersection of the north line of the pine Bluff Addition with the
westerly shoreline of Galveston Bay:
THENCE, northwesterly, northerly, and northeasterly following
the meanders of the shoreline of Galveston Bay to its intersection with
Donaldson Avenue, being a south city limit line of the City of
Morgan's Point:
THENCE, northwesterly along the north right-of-way line of
Donaldson Avenue to its intersection with the east right-of-way of
Blackwell street:
THENCE, north along the east right-of-way line of Blackwell
Street, to a point of intersection with the south right-of-way line
of Barbours Cut Boulevard:
THENCE, westerly along the south right-of-way line of Barbours
Cut Boulevard, to the northeast corner of Block 978, Town of La porte,
Harris County, Texas:
THENCE, north across Barbours Cut Boulevard, to a point for
corner in the north right-of-way line of Barbours Cut Boulevard:
THENCE, west along the north right-of-way line of Barbours Cut
Boulevard to its intersection with the east right-of-way line of
North Broadway, for a point for corner;
THENCE, north along the east right-of-way line of North Broadway,
and along the east right-of-way line of North Broadway, extended to
its intersection with the shoreline of San Jacinto Bay, being the
most northwesterly c:orner of the corporate limi t of the City of
Morgan's point:
THENCE, easterly along the most north city limi t line of the
City of Morgan's Point, to a point of intersection with a line
which is parallel to and 2500' westerly from the center line of the
Houston Ship Channel:
THENCE, in a northwesterly direction along the line which is
parallel to and 2500' from the center line of the Houston Ship
Channel to a point of intersection with the east right-of-way line of
State Highway 134; .
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THENCE, south along the east right-of-way line of State Highway
134, and the east right-of-way line of State Highway 134, projected
south, to a point for corner in the south right-of-way line of
State Highway 225i
THENCE, southeasterly along the south right-of-way line of
State Highway 225, to its intersection with the west right-of-way
line of Underwood Roadi
THENCE, south along the west right-of-way line of Underwood
Road to its intersection with the north right-of-way line of Spencer
Highway, for point for corner;
THENCE, west along the north right-of-way line of Spencer
Highway to its intersection with the east property line of the San
Jacinto College 141 acre tract, projected northi
THENCE, south across the right-of-w~y of Spencer Highway along
the north projection of the east property line of the San Jacinto
College 141 acre tract, to the POINT OF BEGINNING.
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EXHIBIT "B"
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PROPOSED CONDITIONS AND STANDARDS
FOR APPROVING COMMERCIAL PROJECTS
FOR IRB FINANCING
To be eligible for bond financing, each commercial project
must meet all of the following conditions for the duration of
the bond financing:
(1) The project must be supported by an
economic feasibility analysis which
shows its economic viability.
(2) The project must increase the City's
tax base.
(3) The project must remove a blighted
condition or create employment.
(4) The project must not contribute to
economic decline or blight in another
area.
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GOALS AND OBJECTIVES FOR THE
ELIGIBLE BLIGHTED AREA
The following goals and objectives for the City I S economi-
cally distressed areas will be applicable to the redevelopment
of the el ig ible bl igh ted area in the use of IRB IS. Generally,
the overall objectives are as follows:
(1) To promote the present and prospective health,
safety, rights to gainful employment and
general welfare of the people of the City
of La Porte and the State of Texas.
(2) To promote the continued existence, develop-
ment and expansion of commerce and industry
essential to the economic growth of the
City of La Porte and the full employment,
welfare and prosperity of its citizens.
(3) 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.
(4) 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.
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REASONS FOR THE DESIGNATION
The recommended area under consideration as an eligible
area for financing commercial projects with industrial revenue
bonds contains conditions of substantial blight and economic
distress.
In summary, the area has:
(1) A substantial number of substandard,
deteriorated and deteriorating structures.
(2) A substantial percentage of low/moderate
income residents1 and
(3) A relatively high unemployment rate.
It also has City approved programs to address many of the
problems which cause blight and economic distress.