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Home My WebLink AboutPR 20793: A RESOLUTION DESIGNATING AREAS OF THE CITY OF PORT ARTHUR AS NEIGHBORHOOD EMPOEWRMENT ZONES City of -,. ,_ 4 ort rthu�� T•c.:,: www.PortArthurTx.gov INTEROFFICE MEMORANDUM Date: May 14, 2019 To: The Honorable Mayor and City Council Through: Rebecca Underhill, C.P.A., Interim City Manager From: Pamela D. Langford, Development Services Manager Cc: Ronald "Ron" Burton, Assistant City Manager—Operations/Director of Development Services RE: P.R. No. 20793—A resolution designating areas of the City of Port Arthur as Neighborhood Empowerment Zones. Introduction: The intent of this Agenda Item is to request City Council to approve P.R. NO. 20793 designating areas of the City of Port Arthur as Neighborhood Empowerment Zones#9,#10, and#11.These areas are identified as areas that when incentivized would encourage reinvestment, new construction, and as a result spur economic development. Background: The City is authorized under Texas Local Government Code, Chapter 378 to create a Neighborhood Empowerment Zone if the City determines that the zone would promote: (1) the creation of affordable housing, including manufactured housing, in the zone; (2) an increase in economic development in the zone; (3) an increase in the quality of social services, education, or public safety provided to residents of the zone; or (4) the rehabilitation of affordable housing in the zone. Creating Empowerment Zones allow the City to offer incentives to encourage development. Budget Impact: N/A Recommendation: It is recommended that City Council approve P.R. NO. 20793 designating areas of the City of Port Arthur as Neighborhood Empowerment Zones#9,#10, and#11. "Remember,we are here to sere the Citizens of Port Arthur" P.O.Box 1089 X Port Arthur,Texas 77641-1089 X 409.983.8101 X FAX 409.982.6743 P.R.NO.20793 0511412019 PDL PAGE 1 OF 6 RESOLUTION NO. A RESOLUTION DESIGNATING AREAS OF THE CITY OF PORT ARTHUR AS NEIGHBORHOOD EMPOWERMENT ZONES #9, #10 AND #11 PURSUANT TO THE TEXAS NEIGHBORHOOD EMPOWERMENT ZONE ACT (TEXAS LOCAL GOVERNMENT CODE, CHAPTER 378). WHEREAS, the City of Port Arthur is authorized under Texas Local Government Code, Chapter 378 to create Neighborhood Empowerment Zones herein referred to as "NEZs", if the City determines that the zone would promote: (1) the creation of affordable housing, including manufactured housing, in the zone; (2) an increase in economic development in the zone; (3) an increase in the quality of social services, education, or public safety provided to residents of the zone; or (4) the rehabilitation of affordable housing in the zone (Exhibit"A"); and, WHEREAS, pursuant to Resolution Numbers 04-426; 06-171; 07-010; & 16-102, the City created and designated NEZs throughout the City to promote the above-mentioned purposes; and WHEREAS, it is in the best interest of the City to designate additional areas as Neighborhood Empowerment Zones#9, #10 and#11 pursuant to the Texas local Government Code, Chapter 378; and, WHEREAS, the City Council finds and determines that additional designated of the zones satisfies the requirements of the Texas Redevelopment and Tax Abatement Act, specifically Tax Code Section 312.202, as delineated in Exhibit"B"; now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: SECTION 1. That the facts and opinions in the preamble are true and correct. SECTION 2. That the City Council hereby designates the areas set forth in Exhibit"B'', attached hereto and incorporated herein for all purposes, as Neighborhood Empowerment Zones. SECTION 3. That the City Council finds that the zones met the qualification of the Texas local Government Code, Chapter 378. SECTION 4. That the City Council finds that the designation of the zones benefits and is for the public purpose of increasing the public health, safety, and welfare of the persons in the City of Port Arthur. P.R.NO.20793 05/1412019 PDL PAGE2OF6 SECTION 5. That the City Council directs and designates the City Manager as the City's authorized representative, to act in all matters pertaining to the designation of the areas described herein as Neighborhood Empowerment Zones#9, #10 and #11. SECTION 6. That a copy of the caption of this Resolution be spread upon the Minutes of the City Council. READ, ADOPTED AND APPROVED on this day of May, A.D., 2019, at a Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: Mayor City Council Noes Derrick Ford Freeman, Mayor ATTEST: Sherri Bellard, TRMC, City Secretary APPROVED AS TO FORM: /AsGAA- Valecia "Va Tizeno, City Attorney P.R.NO.20793 05/1412019 PDL PAGE 3 OF 6 APPROVED FOR ADMINISTRATION: Rebecca Underhill, C.P.A Interim City Manager Ronald "Ron" Burto ssistant City Manager-Operations/ Director of Devel•.ment Services P.R.NO.20793 05/14/2019 PDL PAGE 4 OF 6 Exhibit "A" LOCAL GOVERNMENT CODE TITLE 12 . PLANNING AND DEVELOPMENT SUBTITLE A. MUNICIPAL PLANNING AND DEVELOPMENT CHAPTER 378 . NEIGHBORHOOD EMPOWERMENT ZONE Sec. 378 . 001 . DEFINITION. In this chapter, "zone" means a neighborhood empowerment zone created by a municipality under this chapter. Added by Acts 1999, 76th Leg. , ch. 305, Sec. 1, eff. May 29, 1999 . Sec. 378 . 002 . CREATION OF ZONE. A municipality may create a neighborhood empowerment zone covering a part of the municipality if the municipality determines the creation of the zone would promote: (1) the creation of affordable housing, including manufactured housing, in the zone; (2) an increase in economic development in the zone; (3) an increase in the quality of social services, education, or public safety provided to residents of the zone; or (4) the rehabilitation of affordable housing in the zone. Added by Acts 1999, 76th Leg. , ch. 305, Sec. 1, eff. May 29, 1999 . Sec. 378 . 003 . ADOPTION OF ZONE. (a) A municipality may create a zone if the governing body of the municipality adopts a resolution containing: (1) the determination described by Section 378 . 002; (2) a description of the boundaries of the zone; (3) a finding by the governing body that the creation of the zone benefits and is for the public purpose of increasing the public health, safety, and welfare of the persons in the municipality; and (4) a finding by the governing body that the creation of the zone satisfies the requirements of Section 312 . 202, Tax Code. (b) A municipality may create more than one zone and may include an area in more than one zone. Added by Acts 1999, 76th Leg. , ch. 305, Sec. 1, eff. May 29, 1999. Sec. 378 . 004 . MUNICIPAL POWERS . In addition to other powers that a municipality may exercise, a municipality may: (1) waive or adopt fees related to the construction of buildings in the zone, including fees related to the inspection of buildings and impact fees; (2) 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; (3) enter into agreements abating municipal property taxes on property in the zone subject to the duration limits of Section 312 . 204 , Tax Code; and (4 ) 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. Added by Acts 1999, 76th Leg. , ch. 305, Sec. 1, eff. May 29, 1999. Amended by Acts 2001, 77th Leg. , ch. 1263, Sec. 5, eff. Sept . 1, 2001 . 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