EXAS

Hon. Ogden Bass OpinionNO. u-36 Criminal District Attorney Brazoria County Courthouse Re: Eligibility of certainpropAngleton, Texas 77515 erty in the City of Freeport for an urban renewalproject Dear Mr. Bass: under Article 126gL-3, V.C.S. You request our opinion'as towhether a certainproject is an eligibleproject under the Texas Urban Renewal Law, Article 126gb3, Vernon's Civil Statutes. You advise that the City of Freeport has properly and legally adopted the provisions of said law, and that: "1f The land involved is a part of theVelasco townsite, which was platted around 1900 and is now a part of the City of Freeport,Texas; "2. The land involved is largely open;

“3. The platted area is in blocks measuring 304 feet by 270 feet,with interior lots of 25 feet ana 27 foot exterior lots, and is platted in a grid system of streets ranging from 60 to 70 feet in width, which streets exist every 304 feet, intersectioningat every 270 feet;

“4. The ownership is widespread,with people owning the same residing all over the United States;

“5. The titles to the extent of at least 5G$are defectivebecause of void tax sales;

“6. The area is usually 60$ to 7O$ delinquent in payment of county ad valorem taxes;

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. It is impossible to develop the land because of the diversion of ownership of the separate 25 foot lots; "8. The area has some open shell streets; "9. The area is occupied, in part, by large electric transmission towers;

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"10. The area is grown up in weeds and brush; "11. The area is lacedwith open ditch drainage, and such ditches contain stagnantwater infested by mosquitoes; "12. The area hinders the developmentof the City of Freeport by reason of the foregoing conditionsand Is the last stormprotected area available for development of the City; "13. Because of a combinationof the foregoing factors, the cost of collecting taxes for the county on the lots exceeds the amount recovered." We will quote only those portions of the statutewhich appear pertinent to your Inquiry. Section 2 recites, in part, that:

. a .theprevention and eliminatlonof slum and blighted areas Is a matter of State policy and State concern in order that the State and its cities shallnot continue to be endangered by areaswhich. a .whilecontributing little to the tax income of the State and Its cities, consume an excessiveportion of its revenues. O .; that by suchprevention and eliminationproperty values, freed from the depressing influence of blight,will be stabilized,and tax burdenswill be distributedmore equitably,and the financial and capital resources of the State, required for the prosperity of, and provision of necessary governmental services to, its people,will be strengthened;. O -" Section 4 definesvarious terms. Sub-section (I) defines "BlightedArea', In part, as an area:

.which. o .by rea~son of the predominance therein of defective or inadequate streets, e O, or by reason of the existence therein of lnsanitary,unhealthful or other hazardous conditionswhich endanger the public health, safety, morals or welfare of the inhabitants thereof and of the city,. s .orby reason of the existence therein of conditionswhich endanger. e *property by fire or from other causes, or by reason of the

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Hon. Ogden Bass, page 3 (M-36)

existence therein of any combination of the hereinabove stated causes, factors or conditions, results in a condition in that area which substantiallyretards or arrests the provisions of a sound and healthful housing environment, or which thereby results in and constitutes an economic or social liability to the city, and is thus a menace, in Its present condition and use, to the public health, safety,morals or public welfare of the city,.
. ." Sub-section (k) states, In part, that the term 'UrbanRenewal Actlvlties" shall:

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. . .wheneverused In this act, include.
. . 'rehabilitationor conservation'which shallbe limited to clearance or rehabilitationmeasures or any combination thereofwhich might be required to prevent further deteriorationof an area which is tending to become either a blighted or a slum area and shall specifically include:.
. . (1) afquisltion of.
. .(ii)landwhich Is predominately (sic) open and which because of obsoleteplatting, diversity of ownership, deterioration of structuresor of site improvements or otherwise, substantiallyimpairs or arrests the soundgrowth of the community;,.
. ." We do not find the term "UrbanRenewalActivities" used in exactly such sequence anywhere else in the act. Hence, to attributemeaning to the language, as we must under standardrules of statutory construtlon,we must assume that the Legislaturewas speakinggenerally of activities connectedwith the urban renewalprogram. Sub-section (j), In this connection defines "UrbanRenewal Project", a term used often in theAct, as including:

**11**

**. .**  .activitiesof a city.
. .inan urban renewal area for the ellmination and,for the prevention of the devel.opment

or spread of slums and blight,.
. ." Sub-section (t) defines "Conservation",a term used in Subsection (k), supra, to mean the:

**,I**

**. .**  .preservlng,protecting and keeping of an area which is susceptible to blight.from succumbing to blight."

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Hon. Ogden Bass, page 4 (M-36)

We take notice of the fact that the actj when read from its four corners, appears to includewithin the term "BlightedArea" not only land that is presently blightedbut also landwhich, because of the existenceof certain adverse conditions, Is In danger of "succumbingto blight". Section 5 requires the City Council,with approval of the electorate,to adopt a resolution finding that a slum or blighted area exists and that:

11 0 e .therehabilitation,conservation, or slum clearance and redevelopment,or a combination thereof, of such area or areas is necessary in the interest of public health, safety,morals or welfare of the residents of such city.
. ." Section 9 gives the city:

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. .a11the powers necessary or convenient to carry out and effectuate the purp~oses and provisions of this act, including the following powers. renewal pr$?tE o UndErtake ,and carry out urban

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. . Sub-section (j) of Section 9 gives the city authority: 11 0 0 .toclose, vacate, plan or replan streets, roads, sidewalks,ways or other places; to plan or replan, zone or rezone any part of the city.
. .'I Section 10a allows the city to relocate electric transmission lines at city expense. Under the facts outlined in your request, the area in question constitutes in our opinion a "BlightedArea" as defined in Subsection (I) of Section 4 of theUrban Renewal Law (Article 126921-3, Vernon's Civil Statutes). Therefore, you are advised that the proposed Urban Renewal Project is an eligibleproject under the facts submitted In your request since such factswould constitute reasonable supportby substantialevidence of the city's fact determination that conditions exist that are detrimental to the public health, safety,morals or welfare of the city. Davis v. City of Lubbock, 160 Tex. 38, 326 s.w.2d 699 (1959).Hon. Ogden Bass, page 5 (~-36)

SUMMARY Under the stated facts, the proposedproject of the City of Freeport is an eligibleproject under the Texas Urban Renewal Law.

Prepared by J. Arthur Sandlin Assistant Attorney General JAS:bp
APPROVED: OPINION COMMITTEE Hawthorne Phillips, Chairman W. V. Geppert, Co-chairman Houghton Brownlee John Reeves Dyer Moore Pat Bailey STAFF LEGAL ASSISTANT A. J. Carubbl, Jr.

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