R82-39 11-08-82 CERTIFICATE FOR
RESOLUTION BY THE GOVERNING BODY OF THE CITY OF PEARLAND,
TEXAS, DESIGNATING ELIGIBLE BLIGHTED AREAS UNDER THE
DEVELOPMENT CORPORATION ACT.OF 1979, AS A~.~NDED, AND
THE THE RULES OR REGULATIONS ADOPTED BY THE TEXAS
INDUSTRIAL COMMISSION; MAKING CERTAIN FINDINGS IN
CONNECTION THEREWITH; AND PROVIDING AN EFFECTIVE DATE.
We, the undersigned officials of the City Council of the City
of Pearland, Texas, (the "City"), hereby certify as follows:
1. The City Council (the "Council") of the City convened in
regular session at the City Hall, 2335 N. Texas Avenue, Pearland,
Texas, on November 8, 1982, (the "Meeting"), at the designated
meeting place, and the roll was called of the duly constituted
members of the Board, to-wit:
Thomas J. Reid, Mayor
Terry Gray, Councilman/Mayor Pro Tem
Charles Mack, Councilman
A1 E. Lentz, Councilman
James E. Bost, Councilman
Dennis Frauenberger, Councilman
All of such persons were present, thus constituting a quorum.
Whereupon a written:
RESOLUTION BY THE GOVERNING BODY OF THE CITY OF
PEARLAND, TEXAS, DESIGNATING'ELIGIBLE BLIGHTED
AREAS UNDER THE DEVELOP-~ENT CORPORATION ACT OF
1979, AS AMENDED, AND THE RULES AND REGULATIONS
ADOPTED BY THE TEXAS INDUSTRIAL COMMISSION; MAKING
CERTAIN FINDINGS IN CONNECTION THEREWITH; AND
PROVIDINGAN EFFECTIVE DATE.
(the "Resolution") was duly moved and seconded and, after due
discussion, said motion, carrying with it the adoption of the
Resolution, prevailed and carried by the following votes:
AYES 5 NOES 0
2. A true, full and correct copy of the Resolution is
attached to and follows this Certificate; the Resolution has been
duly recorded in the minutes of the Meeting; the above and fore-
going paragraph is a true, full and correct excerpt from the
minutes of the Meeting pertaining to the adoption of the Resolution;
the persons n~med in the above and foregoing paragraph are the duly
elected, qualified, and acting members of the Council; each of
such members weas duly and sufficiently notified officially and
personally, in advance, of the time, place, and purpose of the
Meeting, and that the Resolution would be introduced and considered
for adoption at the Meeting, and each of such members consented,
in advance, to the holding of the Meeting for such purpose; and
the time, place and purpose of the Meeting was given~ all as
required by Article 6252-17, Vernon's Texas Civil Statutes as
amended.
SIGNED AND SEALED THIS THE ~ day of ~' ,
1982.
THE /~ ' ~ ///
Thomas J. Rei~, Mayor
City Secreta~
A RESOLUTION
BY THE GOVERNING BODY OF THE CITY OF PEARLAND,
TEXAS, DESIGNATING ELIGIBLE BLIGHTED AREAS UNDER
THE DEVELOPMENT CORP~ORATION ACT OF 1979 , AS
AMENDED, AND THE RULES OR REGULATIONS ADOPTED BY
THE TEXAS INDUSTRIAL COMMISSION; MAKING CERTAIN
FINDINGS IN CONNECTION THEREWITH; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, this governing body, acting for and on
~ehalf of the City of Pearland, 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 "Pearland Industrial Development Corporation" (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 behal, f of the Unit for the purpose of
paying all or 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 a tax incremental
district created under Chapter 695, Acts of the 66th Legis-
lature, Regular Session, 1979 (Article 1066d, Vernon's Texas
civil Statutes), or any combination of the foregoing, the
Unit 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, 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 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 blightedareas; and
WHEREAS, the Act requires that notice of a hearing
at which the city considers establishment of an economically
depressed or blighted areas shall be given by (i) posting at
the city hall, (ii) notification to the Commission, and
(iii) publication in a newspaper of general circulation in
the city; and
W~i~REAS, notice of public hearing was mailed first
class mail, to the Commission on October 22, 1982 ,
and notice of such public hearing was published once a week
for two consecutive weeks in a newspaper of general
circulation in the Unit and notice o~ the public hearing was
posted at the City Hall on October 22, 1982 , 1982; 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 Unit 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 the Rules of the Commission for the purposes of
establishing one or more eligible blighted areas; and
W~I~REAS, this governing body has concluded it is
to the best interest of the Unit and its inhabitants 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;
-2-
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, THAT:
Section 1: The public hearing on the question of
whether the area (described in Exhibit A attached hereto)
should be declared to be an eligible blighted area is hereby
closed; that persons who appeared at 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 documentary, it is now found and
determined that:
(AS ~-~ENDED)
(a) the area described in Exhibit A ~and shown on
the map attached as Exhibit B) is an eligible blighted area
f"EBA") by reason of the presence of a substantial number of
substandard, slum, deteriorated, or deterioriating
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 Statutes), or any
combination of the foregoing, substantially impair or arrest
the sound growth of the Unit, or constitute an economic or
social liability and are a menace to the public health,
safety or welfare in their present condition and use.
(b) the area shaded on Exhibit "B" is the area
adjacent to the EBA within which the projects for commercial
uses will contribute significantly to the alleviation of the
blighted conditions found to exist in the EBA.
Section 2: The overall o~jectives of the Unit 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 Unit and the State of Texas
(the "State").
B. To promote the continued existence, develop-
ment and expansion of commerce and industry essential to the
economic growth of the Unit and the full employment, welfare
and prosperity of its citizens.
C. To encourage the economic growth and
stability of the Unit by increasing and stabilizing employ-
ment opportunities, significantly increasing and stabilizing
the property tax base and promoting commerce within the Unit
and the State.
-3-
1466)
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 : 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: 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:
Commercial projects that 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 Unit and the State.
Section 5 : This governing body 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 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 Unit 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 increas-
ing' or stabilizing the property tax base and promoting
commerce within the Unit and the State; and
D. The project is in furtherance of the public
purposes of the Act.
Section 6: The governing body of the Unit 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 Unit' s objectives for redevelopment
of the EBA.
•
-4 •
-
.
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 Unit 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 Unit 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 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 Commission, the residents of the
Unit 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 Pearland 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 open to
the public as required by law at all times during which this
Resolution and the subject matter thereof were discussed,
__r - considered and formally acted upon,, all as required by the
Open Meetings Law, Article 6252-17, Vernon's Annotated
Texas Civil Statutes, as amended.
PASSED AND APPROVED this 'Q day of
1982 .
Mayor, City of Pearland, Texas
ATTEST:
City. Setietar ,
City of P7arland, Texas
(CITY SEAL)
-5 •
-
CERTIFICATE FOR
RESOLUTION BY THE GOVERNING BODY OF THE CITY OF PEARLAND,
TEXAS, DESIGNATING ELIGIBLE BLIGHTED AREAS UNDER THE
DEVELOPMENT CORPORATION ACT OF 1979, AS ~-~NDED, AND
THE THE RULES OR REGULATIONS ADOPTED BY THE TEXAS
INDUSTRIAL COMMISSION; MAKING CERTAIN FINDINGS IN
CONNECTION THEREWITH; AND PROVIDING AN EFFECTIVE DATE.
We, the undersigned officials of the City Council of the City
of Pearland, Texas, (the "City"), hereby certify as follows:
1. The City Council (the "Council") of the City convened in
regular session at the City Hall, 2335 N. Texas Avenue, Pearland,
Texas, on November 8, 1982, (the "Meeting"), at the designated
meeting place, and the roll was called of the duly constituted
members of the Board~ to-wit:
Thomas J. Reid, Mayor
Terry Gray, Councilman/Mayor Pro Tem
Charles Mack, Councilman
A1 E. Lentz, Councilman
James E. Bost, Councilman
Dennis Frauenberger, Councilman
All of such persons were present, thus constituting a quor%un.
Whereupon a written:
RESOLUTION BY THE GOVERNING BODY OF THE CITY OF
PEARLAND, TEXAS, DESIGNATINGELIGIBLE BLIGHTED
AREAS UNDER THE DEVELOPMENT CORPORATION ACT OF
1979, AS AMENDED, AND THE RULES AND REGULATIONS
ADOPTED BY THE TEXAS INDUSTRIAL COMMISSION; MAKING
CERTAIN FINDINGS IN CONNECTION THEREWITH; AND
PROVIDING AN EFFECTIVE DATE.
(the "Resolution") was duly moved and seconded and, after due
discussion, said motion, carrying with it the adoption of the
Resolution, prevailed and carried by the following votes:
AYES '5' NOES 0
2. A true, full and correct copy of the Resolution is
attached to and follows this Certificate; the Resolution has been
duly recorded in the minutes of the Meeting; the above and fore-
going paragraph is a true, full and correct excerpt from the
minutes of the Meeting pertaining to the adoption of the Resolution;
the persons named in the above and foregoing paragraph are the duly
elected, qualified, and acting members of the Council; each of
such members weas duly and sufficiently notified officially and
personally, in advance, of the time, place, and purpose of the
Meeting, and that the Resolution would be introduced and considered
for adoption at the Meeting, and each of such members consented,
in advance, to the holding of the Meeting for such purpose; and
the time, place and purpose of the Meeting was given, all as
required by Article 6252-17, Vernon's Texas Civil Statutes as
amended.
SIGNED AND SEALED THIS THE ~ day of ~
1982.
Thomas J. Rei~', Mayor
City Secreta~ '
A RESOLUTION
BY TM~ GOVERNING BODY OF THE CITY OF PEARLAND,
TEXAS, DESIGNATING ELIGIBLE BLIGHTED AREAS UNDER
THE DEVELOPMENT CORP~ORATION ACT OF 1979, AS
AMENDED, AND THE RULES OR REGULATIONS ADOPTED BY
THE TEXAS INDUSTRIAL COMMISSION; MAKING CERTAIN
FINDINGS IN CONNECTION THEREWITH; AND PROVIDING
AN EFFECTIVE DATE.
* ** ** ** * * ** ** * *
WHEREAS, this governing body, acting for and on
~ehalf of the City of Pearland, 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 "Pearland Industrial Development Corporation" (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 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 a tax incremental
district created under Chapter 695, Acts of the 66th Legis-
lature, Regular Session, 1979 (Article 1066d, Vernon's Texas
civil Statutes), or any combination of the foregoing, the
Unit 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
W~I~REAS, 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 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 an economically
depressed or blighted areas shall be given by (i) posting at
the city hall, (ii) notification to the Commission, and
(iii) publication in a newspaper of general circulation in
the city; and
W~EP~EAS, notice of public hearing was mailed first
class mail, to the Commission on October 22, 1982 ,
and notice of such public hearing was published once a week
for two consecutive weeks in a newspaper of general
circulation in the Unit and notice ~f the public hearing was
posted at the City Hall on October 22, 1982 , 1982; 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 Unit 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 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 Unit and its inhabitants 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;
-2-
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, THAT:
Section 1: The public hearing on the question of
whether the area (described in Exhibit A attached hereto)
should be declared to be an eligible blighted area is hereby
closed; that persons who appeared at 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 documentary, it is now found and
determined that:
(AS AMENDED)
(a) the area described in Exhibit A ~ and shown on
the map attached as Exhibit B) is an eligible blighted area
f~'EBA") by reason of the presence of a substantial number of
substandard, slum, deteriorated, or deterioriating
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 Statutes), or any
combination of the foregoing, substantially impair or arrest
the sound growth of the Unit, or constitute an economic or
social liability and are a menace to the public health,
safety or welfare in their present condition and use.
(b) the area shaded on Exhibit "B" is the area
adjacent to the EBA within which the projects for commercial
uses will contribute significantly to the alleviation of the
blighted conditions found to exist in the EBA.
Section 2: The overall objectives of the Unit 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 Unit and the State of Texas
(the "State").
B. To promote the continued existence, develop-
ment and expansion of commerce and industry essential to the
economic growth of the Unit and the full employment, welfare
and prosperity of its citizens.
C. To encourage the economic growth and
stability of the Unit by increasing and stabilizing employ-
ment opportunities, significantly increasing and stabilizing
the property tax base and promoting commerce within the Unit
and the State.
-3-
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: 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: 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:
Commercial projects that 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 Unit and the State.
Section 5: This governing body 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 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 Unit 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 increas-
ing or stabilizing the property tax base and promoting
commerce within the Unit and the State; and
D. The project is in furtherance of the public
purposes of the Act.
Section 6: The governing body of the Unit 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 Unit's objectives for redevelopment
of the EBA.
-4-
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 Unit 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 Unit 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 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 Commission, the residents of the
Unit 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 gall of the City of Pearland 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 open 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.
PASSED AND APPROVED this ~ day of ~ ~.
1982. of~P~e~ ~
Mayor, City rland, Texas
ATTEST:
~ity Se~etar~,
City of P~arland, Texas
(CITY SEAL)
-5-
ntak' EXHIBIT "A"
The eligible areas shall include the following
streets and property adjacent thereto :
1 . Main Street from the north city limit to the south
city limit;
2. Broadway Street from the east city limit to the
west city limit;
3. Mykawa Road from the north city limit to the
intersection of Broadway Street;
4. Pearland Sites Road from the intersection of Walnut
Street to the south city limit;
5. Magnolia Road from the intersection of Main Street
to the west city limit;
6. Old Alvin Road from Main Street to the intersection
with Walnut Street ;
7. Walnut Street from the intersection of East Broadway
Street to the intersection of West Broadway Street ;
8. John Lizer Road from the intersection of Main Street
to the boundary line of the City Park;
.
• • • REMOVED 11/8/82
10. Orange Street from the intersection of Main Street
to the intersection of Mykawa Road ; and
11. Knapp Road from the intersection of Old Alvin Road
to the intersection of Mykawa Road.
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