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HomeMy WebLinkAboutRES 082404-P - Create Empowerment Zone 1RESOLUTION NO 4 © - P A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS ESTABLISHING A NEIGHBORHOOD EMPOWERMENT ZONE WITH BOUNDARIES COINCIDENT WITH THE DOWNTOWN OVERLAY DISTRICT; MAKING FINDINGS REGARDING SAME; PROVIDING A SEVERABILITY CLAUSE; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, Chapter 378 of the Texas Local Government Code allows a city to create neighborhood empowerment zones as a potential vehicle for economic development in Texas; and WHEREAS, a neighborhood empowerment zone is a designated area within a city that is created to promote one or more of the following purposes: the creation of affordable housing in the zone; an increase in economic development in the zone, an increase in the quality of social services, education or public safety to residents of the zone; or the rehabihtation of affordable housing within the zone; and WHEREAS, development in the area of the City that is designated as the Downtown Overlay Zone is subject to the City's Design Guidelines; review by the Historical and Architectural Review Commission and consistency with the Downtown Master Plan; and each of these requirements increases the cost of developing or redeveloping property within the Downtown Overlay District; and WHEREAS, because the area within the Downtown Overlay District is more expensive to develop or redevelop in a manner consistent with the City's code requirements and policy goals and objectives, development is hinderedand the City's goals and objectives for the downtown area are thwarted; and WHEREAS, after reviewing the City's goals and priorities, the City Council has determined that it is in the best interest of the City to create a neighborhood empowerment zone with boundaries that are the same as the boundaries of the downtown overlay district. NOW, THEREFORE, be it resolved by the City Council of the City of Georgetown, Texas that: Section 1. The City Council finds that the facts and recitations contained in the preamble of this Resolution are hereby found and declared to be true and correct and are adopted as part of this Resolution for all purposes. The City Council further finds and declares that this Resolution is in conformance with the following Policy Statements in the City's Century Plan: 1.0 The community enjoys the benefits of well -planned land use in which conflicting needs are balanced. Resolution No o8,2 S1 Q'v r Creating Neighborhood Empowerment Zone No. 1 Page 1 of 4 9.0 Citizens and commercial goods move safely and efficiently throughout all parts of the City. 10.0 Georgetown's citizens and businesses enjoy an attractive community with a unique sense of place and a positive, identifiable image, at a cost which is consistent with other city social and economic priorities. 13.0 All municipal operations are conducted in an efficient business -like manner and sufficient financial resources for both current and future needs are provided. 15.0 The City manages its resources in a sound and fiscally conservative manner. Section 2: There is hereby established in the City of Georgetown a neighborhood empowerment zone, to be known as "Neighborhood Empowerment Zone No. 1 ' having boundaries that are the same as the boundaries of the Downtown Overlay District established by the City Council on August 28, 2001 by Ordinance No. 2001-48. A map showing the boundaries of the district/zone is attached hereto as Exhibit "A ' and incorporated herein by reference for all purposes. Section 3: The City Council hereby determines that the creation of Neighborhood Empowerment Zone No. 1 as set forth herein will promote an increase in economic development in the zone. Section 4: The City Council further finds that the creation of Neighborhood Empowerment Zone No. 1 as set forth herein benefits and is for the public purpose of increasing the public health, safety, and welfare of the persons in the municipality. Section 5: The City Council further finds that the creation of Neighborhood Empowerment Zone No. 1 as set froth herein satisfies the requirements of the Texas Tax Code § 312.202, in that the area designated as the zone is an area that (a) substantially arrests or impairs the sound growth of the municipality creating the zone, retarding the provision of housing accommodations or constituting an economic or social liability and be a menace to the public health, safety, morals, or welfare in its present condition and use because of the presence of a substantial number of substandard, slum, deteriorated, or deteriorating structures; the predominance of defective or inadequate sidewalks or streets; faulty size, adequacy, accessibility, or usefulness of lots; unsanitary or unsafe conditions, the deterioration of site or other improvements; tax or special assessment delinquency exceeding the fair value of the land; defective or unusual conditions of title; conditions that endanger life or property by fire or other cause; or any combination of these factors; or (b) is predominantly open and, because of obsolete platting, deterioration of structures or site improvements, or other factors, substantially impair or arrest the sound growth of the municipality; or Resolution No. ©nget -P Creating Neighborhood Empowerment Zone No. 1 Page 2 of 4 (c) encompasses signs, billboards, or other outdoor advertising structures designated by the governing body of the municipality for relocation, reconstruction, or removal for the purpose of enhancing the physical environment of the municipality, which the legislature declares to be a public purpose; or (d) is reasonably likely as a result of the designation to contribute to the retention or expansion of primary employment or to attract major investment in the zone that would be a benefit to the property and that would contribute to the economic development of the municipality. Section 6: Creation of the Neighborhood Empowerment Zone No. 1 shall allow the City, in its sole discretion and on a case -by case basis, to: (a) waive or adopt fees related to the construction of buildings in the zone, including fees related to the inspection of buildings and impact fees; (b) enter into agreements, for a period of not more than 10 years, for the purpose of benefiting the zone, for refunds of municipal sales tax on sales made in the zone; (c) enter into agreements abating municipal property taxes on property in the zone subject to the duration limits of Section 312.204, Tax Code; and (d) set baseline performance standards, such as the Energy Star Program as developed by the Department of Energy, to encourage the use of alternative building materials that address concerns relating to the environment or to the building costs, maintenance, or energy consumption; or (e) take any other actions as allowed by Chapter 378 of the Texas Local Government Code. Section 7: All ordinances and resolutions, or parts of ordinances and resolutions, in conflict with this Resolution are hereby repealed, and are no longer of any force and effect. If any provision of this Resolution or application thereof to any person or circumstance shall be held invalid, such invalidity shall not affect the other provisions, or application thereof, of this Resolution which can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are hereby declared to be severable. Section 8: This Resolution shall become effective in accordance with the City Charter and the laws of the State of Texas. Resolution No. 0cf2t/Oe/—P Creating Neighborhood Empowerment Zone No. 1 Page 3 of 4 PASSED AND APPROVED on the ATTEST: lam; Sandra Lee, City Secretary APPVED A TO FORM: a Cr Patricia E. Carls, City Attorney Brown & Carls, LLP day of August, 2004. THE CITY OF GEORGETOWN: ary Nelon, Mayor Resolution No. 02241QV •P Creating Neighborhood Empowerment Zone No. 1 Page 4 of 4 W UNIV 1 1 1-----' 11 1 1 1 1 1 l .1... ,,r Exhibit "A" NIVER PROPOSED NEIGHBORHOOD EMPOWERMENT ZONE #1 HAVING THE SAME BOUNDARIES AS THE DOWNTOWN OVERLAY DISTRICT ESTABLISHED BY CITY COUNCIL ON AUGUST 28, 2001 BY ORDINANCE NO, 2001-48 PROPOSED NEIGHBORHOOD EMPOWERMENT ZONE #1 PROPERTY LINES Reg. ©d2V©'t-P Exh,hii "A" 'II— 111— 4 STREAM OR RIVER 300 600 Feet