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HomeMy WebLinkAboutR14-311172 RESOLUTION NO. R14 -311 A RESOLUTION SETTING A DATE, TIME, AND PLACE FOR PUBLIC HEARINGS ON THE PROPOSED ANNEXATION OF CERTAIN PROPERTY BY THE CITY OF PLAINVIEW, TEXAS; AUTHORIZING THE MAYOR TO HAVE AFFECTED PERSONS NOTIFIED AND PUBLISH NOTICE OF SUCH PUBLIC HEARINGS IN THE CITY OF PLAINVIEW, HALE COUNTY, TEXAS; AND DIRECTING STAFF TO INVENTORY CITY SERVICES EXTENDED TO SUCH PROPERTY IN A PRELIMINARY MUNICIPAL SERVICE PLAN AND PROVIDE AN UPDATED MAP. WHEREAS, State Street Housing Development, L.P., through Kelly Garrett, petitioned the City of Plainview, Hale County, Texas to annex a 5.79 acre tract of land located out of the west half of Section 27, Block JK -2, Hale County, Texas, which is adjacent to its incorporated city limits; and WHEREAS, State Street Housing Development, L.P. is a Texas Department of Housing and Community Affairs Multifamily HOME and Housing Tax Credit Program planning to construct an eighty (80) unit apartment complex, which will be named Stonebridge of Plainview; and WHEREAS, as a new multifamily housing complex operating adjacent to the city limits, such housing development needs municipal water and sewer service, since such service is required as a part of their Program; and WHEREAS, the City Council authorizes the Mayor to have notice of such proposed annexation published, including the time and place of two public hearings required in accordance with the Texas Local Government Code, Section 43.0561 (Vemon's 2008); and WHEREAS, the Mayor is further authorized to have all affected persons in the proposed annexation area notified and such notice be posted on the City's Internet website; and WHEREAS, in response to such petition and request, the City Council directs staff to develop a preliminary municipal service plan indicating how municipal services will be allocated to such annexed property as well as any additional cost for such services to be available at scheduled public hearings; and WHEREAS, the City Council further directs that an updated map be prepared indicating all property owners within the proposed annexation area to be available at scheduled public hearings. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW, TEXAS THAT: Resolution R14 -311 Page 1 of 3 SECTION 1 The Plainview City Council will hold two public hearings in accordance with Texas Local Government Code, Section 43.0561 (Vemon's 2008) as follows: Tuesday, May 13, 2014 at 7:00 p.m. in the Council Chambers at Plainview City Hall Tuesday, May 27, 2014 at 7:00 p.m. in the Council Chambers at Plainview City Hall All interested persons will have the right to appear and be heard on the proposed annexation by the City of Plainview, Texas on the property described as a 5.79 acre tract of land located out of the west half of Section 27, Block JK -2, Hale County, Texas, which is adjacent to its incorporated city limits. SECTION 11 Additionally, in accordance with Texas Local Govemment Code, Section 43.062 (Vemon's 2008), notice by certified mail shall be sent to all property owners, public and /or private entities that provide services in the proposed annexed area, and each railroad company that serves the City of Plainview and is on the municipality's tax rolls, if the company's right -of -way is within the proposed area. Moreover, the Plainview Independent School District shall be notified by certified mail in accordance with Texas Local Govemment Code, Section 43.905. Such public notice can also be viewed on the City of Plainview's website in accordance with Texas Local Government Code, Section 43.063(c) (Vemon's 2008). SECTION III As a result of such statutory requirements, the Plainview City Council hereby authorizes the Mayor to cause notice to be sent to all affected persons in the proposed annexed area as well as notice of such public hearings to be posted on the municipality's Internet website and publish such hearings in a newspaper having general circulation in the city and in the above - described territory in accordance with Texas Local Govemment Code Ann., Chapter 43, Municipal Annexation (Vemon's 2008). SECTION IV Furthermore, the City Council directs that a Preliminary Municipal Service Plan be developed to inventory the extension of full municipal services to the proposed annexed area. Such inventory should state how full municipal services will be provided in accordance with Texas Local Government Code, Chapter 43, Municipal Annexation (Vernon's 2008), and any additional costs the City will bear as a result of such extension. In accordance with Chapter 43, the City of Plainview, Texas shall provide the annexed property the same services as those property owners within the corporate city limits. This Preliminary Municipal Service Plan shall be available at the two scheduled public hearings. Resolution R14-311 Page 2 of 3 173 174 SECTION V SECTION VI ATTEST: APPROV Resolution R14-311 Finally, the City does not foresee that the Federal Voting Rights Act of 1965, codifying the Fifteenth Amendment's permanent guarantee that no person shall be denied the right to vote on account of race or color will be violated. However, the City Council directs that an updated map should be prepared. indicating all property owners within the proposed annexation area to be available at the two scheduled public hearings. The multifamily apartment complex constructed will consist of approximately eighty units, which will have population changes and shifts in this area. This Resolution's public purpose is to encourage economic development in the City and Hale County, Texas to benefit the citizens of Plainview as a whole. PASSED AND APPROVED this 8 day of April, 2014. Belinda Hinojosa, City Se tary re am, City ;r. .ger APPROVED AS TO FORM: Leslie Spear Pea ce, City Attorney ,„ „1.4 2 /./idekder Wendell Dunlap, Mayor Page 3 of 3