1983R10- SUPPORTING ADDITIONAL HEALTH CARE SERVICES
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A RESOLUTION
BY THE GOVERNING BODY OF THE CITY OF SCHERTZ, TEXAS,
DESIGNATING ELIGIBLE BLIGHTED AEAS UNDER THE
DEVELOPMENT CORPORATION 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
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WHEREAS, this governing body, acting for and on
behalf of the City of Schertz, Texas (the "unit"), has
heretofore approved the creation of a public non-profit cor-
poration under the provisions of the Development Corporation
Act of 1979, as amended (the "Act") under the name of
"Schertz Industrial Development Corporation" (the "Issuer")
which has filed its Articles of Incorporation with the
Secretc.ry of State of the State of Texas, and has fully
organized; and
WHEREAS, the Issuer 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 Issuer 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 oj the foregoing, the
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uni t 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 menance to tbe--
public health, safety or welfare in their present condition
and use; and
WHEREAS, the rules (the "Rules") of the Commission
set forth the special rules for approval of commercial
-proj ects 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 area shall be given by (i) posting at
the city hall, (ii) notification to the Texas Industrial
Commission, and (iii) publication in a newspaper of general
circulation in the city; and
WHEREAS, notice of public hearing was hand
delivered to the Commission on June 20, 1983, 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 of the public hearing was posted at the
city Hall on June 17, 1983; 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 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 proj ects for commercial
uses and therefore desires to adopt this resolution in
compliance with the requirements of the Act and the Rules;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF" SCHERTZ, TEXAS, THAT:
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Section 1: The public hearing on the question of
whether the area within the present boundaries of the city
of Schertz, Texas, should be declared to be 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:
(a) The area within the boundaries of the City of
Schertz, Texas (and shown on the map attached as Exhibit A)
is an eligible blighted area ("EBA") 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 l066d, Vernon's Texas Civil
statutes) , or any combination of the foregoing, substan-
tially 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.
(b) The area shaded on Exhibit A 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 employment oppor-
tunities, significantly increasing and stabilizing the
property tax base and promoting commerce within the Unit and
the state. .
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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 proj ects 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.
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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 proj ects 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 proj ect
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.
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Section 7: The city Clerk is hereby directed to
provide a certified certified copy of this Resolution,
including all exhibits, to the Executive Director of tht;'
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.
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 Issuer,
the Unit, the Commission, the residents of the Unit and all
other interested persons.
PASSED AND APPROVED this 5th dajJof July, 1983.
~/~Jd~ /
Mayor ~
ATTEST:
(CITY SEAL)
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FULBRIGHT & -.JAWORSKI
BANK OF THE: SOUTHWEST BUilDING
HOUSTON, TEXAS 77002
LANDMARK BUILDING. SUITE 200
705 EAST HOUSTON AVENUE
SAN ANTONIO, TEXAS 78205
TELEPHONE {512} 224-5575
1150 CONNECTICUT AVE., N. W.
WASHINGTON, D. C. 20036
TELE:PHONE (202J 452-6800
TELEX 89-2602
TELEPHONE {713} 651-5151
TELEX 76-2829
IN DALLAS
DUMAS. HUGUENIN, BOOTHMAN & MORROW
AND
FULBRIGHT & JAWORSKI
2001 BRYAN TOWER, SUITE 1400
DALLAS. TEXAS 75201
TELEPHONE (214) 969-0969 (DHB&M)
TELEPHONE (214) 969-1969 (F&J)
AMERICAN BANK TOWER, SUITE 1740
221 WEST SIXTH STREET
AUSTIN, TEXAS 78701
TELEPHONE (512) 474-5201
2 ST. JAMES'S PLACE
LONDON, SWIA INP
TELEPHONE fall 629-1207
TELEX 28310
June 29, 1983
VIA FEDERAL EXPRESS
Re: Designation of Eligible Blighted
Area by Governing Body of City
of Schertz, Texas
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Mr. Jim Gilmore
City Hall
1400 Live Oak Road
Schertz, Texas 78154
Dear Mr. Gilmore:
At the request of Charles S. Patterson, Jr., I
have enclosed a form of the resolution which will be presented
to the City Council at a meeting scheduled to be held on
July 5, 1983. The resolution provides for the designation
of an "eligible blighted area" within the City of Schertz,
Texas. The rules of the Texas Industrial Commission require
such designation to be made in order for the Schertz Industrial
Development Corporation to authorize the issuance of revenue
bonds for the purpose of financing the costs of commercial
proJects within the city limits of Schertz, Texas.
Please do not hesitate to contact us if you should
have any questions regarding the enclosed materials.
Very truly yours,
r 4. /;..c1J~
Jill A.
For the
McDonald ,
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F~rm ~),4 -rF / J (n.-/, - _ /0
JAM/mpk
Enclosure
cc: Mr. Richard Harris (Firm)
Landmark Bldg., Suite 200
705 E. Houston Ave.
San Antonio, TX 78205
CERTIFICATE FOR
RESOLUTION BY THE GOVERNING BODY
OF THE CITY OF SCHERTZ, TEXAS, DESIGNATING
ELIGIBLE BLIGHTED AREA UNDER THE DEVELOPMENT CORPORATION
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
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ACT
I, the undersigned city Secretary of the City of
Schertz, Texas (the "Unit"), hereby certify as follows:
1. The city Council (the "Governing Body") of
the unit convened in regular session at, the City Hall,
Schertz, Texas, on July 5, 1983 (the "Meeting")" at the
designated meeting place, and the roll was called of the
duly constituted members of the Governing body: to wit:
Earl W. Sawyer
Charles B. Sharpe
Ross Hoover
Harold D. Baldwin
Adolph Aguilar
Jacqueline Lawler
Mayor
Councilman
Councilman
Councilman
Councilman
Councilman
All of such persons were present, except the following
absentees:
thus
constituting
a quorum.
Whereupon
written:
RESOLUTION BY THE GOVERNING BODY
OF THE CITY OF SCHERTZ, TEXAS, DESIGNATING
ELIGIBLE BLIGHTED AREA UNDER THE DEVELOPMENT CORPORATION 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
(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:
NOES:
".
2 . A true, full and correct copy 0 f the
Resolution is attached to and follows this certificate; the.-
Resolution has been duly recorded in the minutes of the
Meeting; the above and foregoing paragraph is a true, full,
and correct excerpt from the minutes of the Meeting per-
taining to the adoption of the Resolution; the persons names
in the above and foregoing paragraph are the duly elected,
qualified, and acting members of the Governing Body; each of
such members was 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 Meeting was open to the public,
and public notice of 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
City Secretary
(SEAL)
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