Loading...
HomeMy WebLinkAbout84-568 06-26-1984RESOLUTION NO. 84 -568 A RESOLUTION of the governing body of the City of Euless, Texas, designating Eligible Blighted Areas under the Development Corporation Act of 1979, as amended, and the rules or regulations adopted by the Texas Economic Development Commission; making find- ings in connection therewith; and providing an effective date. WHEREAS, the City Council of the City of Euless, Texas, acting for and on behalf of Euless, Texas, (the "Unit ") has heretofore approved the creation of a public non - profit corporation under the provisions of the Development Corporation Act of 1979, as amended, (the "Act ") under the name of the Euless Nonprofit Industrial Development Authority (the "Corporation ") which has filed its Articles of Incorporation with the Secretary of State of the State of Texas, and has fully organized; 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 casts 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 blighted or economically depressed areas; and WHEREAS, as used in the Act, the term "blighted or economically depressed areas" means those 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 Statues), or any combination of the foregoing, the City finds and deter- mines, 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 set forth special rules for approval of commercial projects in blighted or economically depressed areas; and WHEREAS, this governing body, acting for and on behalf of the City of Euless, Texas, (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; and WHEREAS, the Act requires that notice of a hearing at which the City considers establishment of economically depressed or blighted areas shall be given by (i) posting at the city hall, (ii) notification to the Texas Economic Development Commission and (iii) publication in a news- paper of general circulation in the city; and WHEREAS, notice of public hearing was mailed, by Federal Express to the Commission on June 7, 1984, and notice of such public hearing was published once a week for two consecutive weeks, on June 10th and June 17th, 1984, in a newspaper of general circulation in the City and notice of the public hearing was posted at the City Hall on June 7, 1984; 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 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 date, time, and location specified in such notice, 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, this governing body has concluded it is to the best interest of the City and its inhabitants to request the Commission to approve projects for commercial uses and therefore desires to adopt this re- solution in compliance with the requirements of the Act and the Rules: NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EULESS, TEXAS, THAT: SECTION 1: The public hearing on the question of whether the area (des- cribed in Exhibit A attached hereto) should be declared to be an eligible blighted area is hereby closed; that persons who appeared a such hearing to offer testimony or evidence with respect to such question were given an opportunity to be heard and were heard; that based upon the evidence before this governing body, both in the form of testimony and docu- mentary, it is now found and determined that: (a) The area described in Exhibit A (and shown on the map attached as Exhibit B) is an eligible blighted area ( "EBA ") by reason of the presence of a substantial number of substandard, slum, deteriorated, or deterio- rating structures or which suffer from a high relative rate of unem- ployment, 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 Statues) or any combi- nation of the foregoing 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 (b) The area shaded on Exhibit "B" is the area adjacent to the EBA within which projects for commercial uses will contribute significantly to the alleviation of the blighted conditions found to exist in the EBA. RESOLUTION NO. 84 -568, Page Two.of Four 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 (the "State "); 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 in- creasing and stabilizing the property tax base and promoting commerce within the City and the State; and 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. SECTION 3: This governing body hereby finds, determines, declaresrand 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: This governing body, 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, com- mercial projects that contribute to the economic growth or stability of the City 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: This governing body will not approve any projects for com- mercial uses in or adjacent to the EBA unless the applicant desiring approval of such project demonstrates to the satisfaction of this 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 State; and D. The project is in furtherance of the public purposes of the Act. SECTION 6: This governing body hereby covenants and represents that it will review all project descriptions for approval of the specific projects for commercial uses in order to determine whether such projects are consistent with the City's objectives for redevelopment of the EBA. RESOLUTION NO. 84 -568, Page Three of Four SECTION 7: The City Secretary 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 the receipt of such certified copy of this Resolution, the EBA shall be deemed accepted by the Commission and the City and the Corporation may hereafter approve projects (including those projects for which written commitments and agreements have been made pursuant to Resolution of the Board of Directors of the Corporation prior to the date of this Resolution) for commercial uses in and adjacent to the EBA in compliance with the Act, the Rules and Resolution. SECTION 8: 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 City, the Commission, the residents of the City and all other interested persons. SECTION 9: 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 City of Euless 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 Sta- tutes, as amended. PASSED AND APPROVED this 26th day of June, 1984. Hold v. samu s, mayor ATTEST: Kay in -y, Ci, ecretary EXHIBIT "A" TO RESOLUTION NO. 84-568 Page 1 of 2 DESCRIPTION OF AREA UNDER CONSIDERATION BEGINNING at the intersection of South Pipeline Road and West Euless Boulevard (also known as State Highway 10 or Old Highway 183); THENCE, east along South Pipeline Road following the curves to its intersection with Industrial Boulevard (also known as State Highway 157); THENCE, north on Industrial Boulevard to its intersection with the afore- mentioned West Euless Boulevard; THENCE, northeasterly along West Euless Boulevard to its intersection with Martha Street; THENCE, south along Martha Street to the intersection with Alexander Lane; THENCE, east on Alexander Lane past South Main to the intersection with Cullum Drive; THENCE, north on Cullum Drive to the intersection with State Highway 10; THENCE, west along Highway 10 and continuing west on to Huffman Road; THENCE, west along Huffman Road to the south access road of Airport Freeway or New State Highway 183 to the northeast corner of Park Crestmoor Addition; THENCE, in a southwardly direction for a distance of 666.3 feet in line with the easternmost boundary of Block 1, Park Crestmoor Addition, as filed in Volume 388 -14, Page 81, Tarrant County Deed of Records; THENCE, in a southwesterly direction along the southern line of Lot 8, Block 1, Park Crestmoor Addition to Skyway Drive; THENCE, southward along Skyway Drive to a point 300 feet north of the northernmost right -of -way line of State Highway 10; THENCE, in a southwesterly direction parallel with State Highway 10 to a point lying in the westernmost boundary of Block 3, Park Crestmoor Addition, as filed in. Volume 388 -7, Page 49, Tarrant County Deed of Records; THENCE, north along said westernmost boundary line of Park Crestmoor Addition to its intersection with Huffman Road, same being the south access road of State Highway 183; THENCE, west along State Highway 183 to its intersection with State Highway 157; THENCE, south along State Highway 157 to the south boundary of Euless Town Centre; EXHIBIT "A" TO RESOLUTION NO. 84 -568 EXHIBIT "A" TO RESOLUTION NO.-84 -568 Description of Area Under Consideration Page 2 of 2 THENCE, west along the south boundary line of Euless Town Centre; THENCE, north along the west boundary line of Euless Town Centre to the intersection of State Highway 183; THENCE, west along the south access road of State Highway 183 to its intersection with Wilshire Drive; THENCE, south along Wilshire Drive to the northwesternmost corner of Lot 6, Block 1, Wilshire Village Square Addition, as filed in Volume 388 -126 , Page 30, at Tarrant County Deed of Records; THENCE, in an easterly direction along the northernmost lines of Lot 6, Lot 12, and Lot 13, Block 1, of Wilshire Square Addition to the easternmost boundary line of said Addition; THENCE, south along the easternmost boundary line of Wilshire Village Square Addition to a point, said point being the southeasternmost corner of Wilshire Square Addition, same being the northeasternmost corner of Lot 1, Block 1, Wilshire Village Addition; THENCE, east along the northernmost line of Block 1 and Block 2, Bell Ranch Terrace Addition, to a point, said point being the northwesternmost corner of Lot 9, Block 2, Bell Ranch Terrace Addition; THENCE, south between Lot 8 and Lot 9, Block 2, Bell Ranch Terrace Addition, for a distance of ten (10) feet; THENCE, in an easterly direction parallel with the southernmost line of Euless Town Centre to its intersection with Industrial Boulevard; THENCE, south along Industrial Boulevard to a point, said point being the southeast corner of Lot 19, Block 14, Bell Ranch Terrace, and also being the northeastern corner of Lot 1, Block 1, Fountain Center Addition; THENCE, west along the southern line of Blocks 14, 15 and 16 of Bell Ranch Terrace to a point; THENCE, continuing in a westerly direction along the southernmost line of Block 8, Wilshire Village Addition, to its intersection with Wilshire Drive; THENCE, south along Wilshire Drive to West Euless Boulevard; THENCE, southwesterly along Euless Boulevard to the intersection of South Pipeline Road, said intersection being the PLACE OF BEGINNING. EXHIBIT "A" TO RESOLUTION NO. 84 -568