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ORDINANCE NO. 15-3620
AN ORDINANCE AUTHORIZING THE CREATION AND ADOPTION OF A
COMMUNITY DEVELOPMENT PROGRAM AS AUTHORIZED BY TEXAS
LOCAL GOVERNMENT CODE, SECTION 373, HEREAFTER REFERRED TO
AS THE "CITY OF PLAINVIEW COMMUNITY DEVELOPMENT PROGRAM NO.
1", FOR THE PROPOSED PRESERVATION AND FUTURE REDEVELOPMENT
OF AN APPROXIMATE 82.63 ACRE TRACT OF LAND LOCATED NEAR
WESTBOUND INTERSTATE 27 AND NORTH STATE HIGHWAY 194 (DIMMITT
HIGHWAY), ALL OF WHICH IS WITHIN THE CORPORATE CITY LIMITS OF
PLAINVIEW, TEXAS; PROVIDING FOR AN EFFECTIVE DATE;
SEVERABILITY CLAUSE; CUMULATIVENESS CLAUSE; AND CONFLICTS
CLAUSE.
WHEREAS, the City Council of the City of Plainview, Texas desires to adopt and create
a Community Development Program No. 1 ("Program") pursuant to Texas Local Government
Code Ann., Section 373 (Vernon's 2005); and
WHEREAS, the Program is designed to establish a sustainable, livable community
center for the property located near westbound Interstate 27, a major thoroughfare through the
City, and North State Highway 194 (Dimmitt Highway), which consists of an approximate 82.63
acre tract of land ("Property") described in the attached Exhibit "A" ("the Site") pursuant to
Texas Local Govemment Code Ann., Section 373 (Vernon's 2005); and
WHEREAS, the City appropriated significant funds for the redevelopment, expansion
and reconstruction of Property located West of Interstate 27 to accommodate significant
industrial growth opportunities in the City as a more rational use of such land and other natural
resources in this location; and
WHEREAS, the expansion and improvement of the quantity and quality of community
services for industrial growth opportunities at this location is essential for the development of a
viable community to alleviate physical and economic distress through the stimulation of private
investment and community revitalization; and
WHEREAS, the Council is committed to preserving the existing character of the
community while encouraging development; and
WHEREAS, the City approved Resolution No. R15-336, a copy of which is attached
hereto as Exhibit "B", which called two public hearings as required by Texas Local Government
Code Ann., Section 373.006 (Vemon's 2005); and
WHEREAS, the City published notice of the two public hearings in the Plainview Herald,
a newspaper of general circulation in the City, a copy of which is attached hereto as Exhibit
"C", providing public notice of the two public hearings that were conducted on the 21st day of
May, 2015 at 11:30 a.m., and a second public hearing held on the 26th day of May, 2015 at
7:00 p.m., in Plainview, Texas; and
WHEREAS, the Council hereby adopts this Ordinance after conducting those properly
noticed public hearings where any and all persons were heard on or in connection with the
Ord. 15-3620 Community Development Program Page 1 of 5
304
proposed creation and adoption of the Community Development Program No. 1 as required by
Texas Local Government Code Ann., Section 373.006 (Vernon's 2005).
NOW, THEREFORE, The City of Plainview Hereby Ordains that:
SECTION 1.
The City finds that all of the recitals stated above are found to be true and correct and
hereby incorporates its comprehensive plan, as may be amended, as if fully set forth herein.
SECTION 2.
This Ordinance shall apply to the Site as described herein and reflected in the attached
Exhibit "A" located in the City except where specifically exempted by Ordinance or otherwise
prohibited by state law.
SECTION 3.
Purpose of the Program. The City of Plainview Community Development Program
No. 1 represents one element of the City's long range and comprehensive plan for
encouraging thoughtful, sustainable development in the Plainview community. Upon creating
the Program, the City will take the necessary steps to preserve the Site in its current
undeveloped and vacant state. Thereafter, the City will begin formulating a feasible plan for
the future development of the Site that may draw upon the creative visions of the community.
The City's plan may utilize professional consultants, strategic planning, public-private
partnerships or any other tool or program to ensure that the Site develops in a manner that
maximizes the Site's highest and best use for the City and surrounding community.
SECTION 4.
Geography and Local Development. The City of Plainview is located in the Texas
Panhandle and is the Hale County seat of government. Plainview is the largest city in the
county and, as a result, provides services for the entire county. Plainview's ability to create
sustainable future growth is connected with the community's ability to attract new residents and
businesses. Historically, agricultural production in Hale County has been well diversified,
making it one of the leading farming, cotton and livestock -producing counties in the State of
Texas. The County also has had diverse industrial development, but sustained a major loss of
a beef packing plant in 2013 employing approximately 2,200 employees. In a City with a
population of 22,194, according to the 2010 census, the loss of jobs caused an economic
downturn effecting the Plainview residents and businesses. Consequently, the City of Plainview
has taken a proactive approach in locating the Site on a major thoroughfare, Interstate 27, to
encourage the expansion, improvement, and development of community services for industrial
development opportunities to aid in alleviating physical and economic distress through the
stimulation of private investment and community revitalization. With the development of the
Site, new opportunities will likely present themselves, and the City wants to ensure that the
character of the Site is preserved and developed in a manner that (1) serves as a gateway to
attract local and surrounding residents (2) diversifies and strengthens the local economy; and
(3) is consistent with the City's vision of industrial growth.
Ord. 15-3620
Community Development Program Page 2 of 5
SECTION 5.
Program Site Location and Analysis. The Program Site is located within the City of
Plainview, Texas near westbound Interstate 27 and North State Highway 194 (Dimmitt
Highway). The City's population is 22,194 according to the 2010 census. Most of the area is
already zoned for industrial uses by a Manufacturing designation. A review of the local real
estate market showed an economic downturn resulting from the beef packing plant's closure in
2013. In accordance with the general area already zoned for industrial uses, the Program Site
will allow the City to expand and improve the opportunities for industrial growth by preserving
the land for its more rational use and developing its natural resources to enhance the said Site.
The City's intent and desire is that future development of such Program Site utilize the
property at its "Highest and Best Use." "Highest and Best Use" is defined as "the reasonably
probable and legal use of vacant land or an improved property, which is physically possible,
appropriately supported, financially feasible, and that results in the highest value." Based on a
review of financial information available at the time the City considered this Ordinance, the City
reasonably believes that the highest and best use of the property is for industrial development
as future demand warrants.
SECTION 6.
Basis for the Program. The Program Site is located in what the City's Comprehensive
Plan identifies as a Future Land Use and Character for primarily Industrial uses. As such,
development and land use planning should be thoughtfully pursued with a vision of the City's
image in mind in accordance with the Comprehensive Plan. In the past, industrial land use
patterns have followed a typical pattern seen at the edge of urban areas, which should have
good access to truck routes, hazardous material routes and railroads. To the extent possible,
the City wants to discourage negative influences in these uses on the quality of community
services available to the residents of the City in the future. The City is committed to the
preservation of the existing land use character for the community while encouraging
progressive development in the future. By encouraging industrial development at this location,
the City could help reverse the economic downturn resulting from the beef packing plant's
closure. Accordingly, the City's adoption of the Program Site described herein serves a public
purpose and is designed to accomplish the following goals:
(1) Elimination of slums and areas affected by blight;
(2) Prevention of blighting influences that may have an adverse effect on the welfare of
the City and the surrounding community;
(3) Elimination and prevention of conditions that are or could be detrimental to public
health, safety and welfare;
(4) Expansion and improvement of the quantity and quality of community services
essential for the development of viable urban communities;
(5) Encourage, promote and facilitate the more rational use of land;
Ord. 15-3620
Community Development Program Page 3 of 5
305
306
(6) Encourage, promote and facilitate the improved arrangement of residential,
commercial, industrial, recreational, and other necessary activity centers for the City
and the surrounding community;
(7) Encourage, promote and facilitate the restoration and preservation of properties of
special value for historic, architectural, or aesthetic reasons;
(8) Encourage, promote and facilitate the alleviation of physical and economic distress
through the stimulation of private investment and community revitalization; and
(9) Meet any other urgent community development needs that the City may later identify
as part of the Program.
Based on the foregoing, the approval and creation of the Program serves an important
public purpose that will improve the public health, safety, welfare, and local economic
opportunities for the City and its residents.
SECTION 7.
Effective Date. The City hereby adopts this Ordinance, and by doing so, creates the
City of Plainview Community Development Program No. 1, which shall be effective when
published as required by law.
SECTION 8.
Severability. In the event any clause, phrase, provision, sentence or part of this
Ordinance or the application of the same to any person or circumstances shall for any reason
be adjudged invalid or held unconstitutional by a court of competent jurisdiction, it shall not
affect, impair, or invalidate this Ordinance as a whole or any part or provision hereof other than
the part declared to be invalid or unconstitutional. The City Council of the City of Plainview,
Texas declares that it would have passed each and every part of the same notwithstanding the
omission of any part thus declared to be invalid or unconstitutional, or whether there be one or
more parts.
SECTION 9.
Cumulativeness. Provisions of this Ordinance are cumulative and nothing herein shall
prevent, alter, or diminish the applicability or enforcement of other ordinances restricting,
regulating, or governing the subject matter herein.
SECTION 10.
Conflicts. All ordinances or portions of any ordinance of the City of Plainview, Texas
in conflict herewith, are hereby amended to conform with the provisions hereof.
Ord. 15-3620
Community Development Program Page 4 of 5
PASSED AND APPROVED on first reading this 9th day of June, 2015.
PASSED AND APPROVED on second reading this 23rd" day of June, 2015.
ATTEST:
•
Belinda Hinojosa, City retary
APPROVED AS TO CONTENT:
Jeffrey S ► de -1"1" Manager
APPROVED AS TO FORM:
Le ie Spear, City
Ord. 15-3620
Attomey
`'Vendell Dunlap, Mayor
Y
Community Development Program Page 5 of 5
307
308
Exhibit "A"
68.55 ACRE TRACT
Being a 68.55 acre tract out of the North part of the NW'4 (as held) of Survey 35,
Block JK -2, Hale County, Texas consisting of the following:
(Tract A)
64.57 acres, including part of Ennis Street and tumrows along the North and East
lines;
(Tract B) (36th Street, from Ennis to Canyon Streets)
A 2.18 acre portion out of the North part of an unrecorded 2.564 acre (60' wide
tract described November 16, 1979 for future street dedication, said tract is
traveled by the public, shown on city and tax maps and referenced in adjoining
deeds;
(Tract C) (36th Street from Canyon to Xenia Streets)
A 1.8 acre portion out of the North part of an unrecorded 2.477 acre (60r wide) tract
described December 1, 1981 for future street dedication, said tract is traveled by the
public, shown on city and tax maps and referenced in adjoining deeds:
BEGINNING at a point on the West side of a steel "I" beam (1/2' rod not
recovered) in the center of County Road U, said point being the NW comer of
Survey 35, Block JK -2, Hale County, Texas and the SW comer of a 1.68 acre
tract out of Survey 36, Block JK -2 as recorded in Volume 765, Page 459 of the
Hale County Deed Records, from which a found 1 'h' pipe bears North 2.5 feet;
Thence South 1063.6 feet along the West line of Survey 35 (Ennis Street)
to a 518" rod found for the NW comer of Tract B;
Thence South 60 feet to a 5/8' rod detected for the SW corner of Tract B
and the NW corner of a 1.274 acre tract as recorded in Document No. 2011-
001579 OPR;
Thence N. 89°54' 2T E. along the South line of Tract B, at 308.2 feet pass
the NE corner of said 1.274 acre tract, at 439.2 feet pass the NE corner of a 0.541
acre tract (Volume 902, Page 78 OPR), in all, 1111.67 feet to a '=i rod set for a
point of curvature in the North line of the remaining 14.037 acres of an original
14.528 acre tract (Volume 658, p.461, HCDR);
Thence continuing along the Northeasterly line of said remainder and the
Southwesterly line of Tract B an arc length of 424.55 feet around a curve to the
right with a radius of 270 feet and a chord bearing S.45"0246 E. 382.15 feet to a
set %i rod for a point of tangency;
Thence East 60 feet across Canyon Street and along the North line of a
private easement recorded in Volume 994, p. 806, OPR, to a tall bent 2' pipe in
concrete for a point of curvature in the West line of the Wilson 5 acre tract
recorded in Volume 994, Page 804 OPR;
309
Thence an arc length of 229.67 feet along the East line of Tract B and the
West line of said 5 acres, around a curve to the left with a radius of 330 feet and a
chord bearing N. 19°5618 W. 225.07 feet to a 3/S rod found for the NW comer of
said 5 acres and the SW comer of Tract C;
Thence an arc length of 157.76 feet along the South line of Tract C and the
North line of said 5 acres around a curve to the right with a radius of 200.87 feet
and a chord bearing N.67°242T E. 153.74 feet to a 3/W rod found for a point of
tangency in the North line of said 5 acres and the South line of Tract C;
Thence N.89°5421E., at 365.54 feet pass the NE corner of said 5 acre tract
and the NW corner of a 7.897 acre tract as recorded in Volume 711, Page 615
HCDR, in all, 1068.57 feet to a 3/8 rod found for the NE corner of said 7.897
acre tract in the West line of proposed Xenia Street;
Thence N.89°5427E.60 feet across proposed Xenia Street to a Vi rod set in
the East line of said NW/4 for the SE comer of Tract C;
Thence N.0°01' 06W. 60 feet to a '/i rod found for the NE corner of Tract
C;
Thence N.0°0106W. 1063.2 feet to a 5/8" rod found for the NE corner of
said NW/4;
Thence S.89°55 W. 2635.51 feet 10 the POINT OF BEGINNING.
14.084 ACRE TRACT
METES AND BOUNDS DESCRIPTION of a 14.084 acre tract of land located in Section
35, Block JK -2, Hale County, Texas, being further described as follows:
BEGINNING at a 1/2 inch iron rod found in the Eastern boundary of a 139.2 acre tract
described in Volume 843, Page 567 of the Deed Records of Hale County, Texas, at the
Southwest corner of a 37.5 acre tract described in Volume 1046, Img. 2265 of the
Official Public Records of Hale County, Texas and the Northwest corner of this tract
which bears S. 00°01'40" W. a distance of 649.28 feet and N. 89°57'W. a distance of
2648.00 feet from the Northeast corner of section 35, Block JK -2, Hale County, Texas;
THENCE S.89°52'10"E. along the Southern boundary of said 37.5 acre tract, a distance
of 570.00 feet to a'/2" iron rod found at the corner of said 37.5 acre tract and the most
Northerly Northeast comer of this tract;
THENCE S. 00001'40"W. continuing along the Southern boundary of said 37.5 acre
tract, a distance of 355.20 feet to a'/=" iron rod found at an "ell" corner of said 37.5 acre
tract and an "ell" comer of this tract;
THENCE N.89°27'07"E., continuing alotrgthe Sputherriboundariesy f said 35 acre
tract and a 1.8 acre tract described in Volume 786, Page 147 of the Deed Records of Hale
County, Texas, a distance of 870.10 feet to a 1,i" iron rod found in the Westerly right-of-
way line of Interstate Highway No.27 described in Volume 653, Page 968 of the Deed
310
Records of Hale County, Texas, at the Southeast corner of said 1.8 acre tract and the most
Easterly Northeast corner of this tract;
THENCE S.41 °38'08"W., along said Westerly right-of-way line, a distance of 4.29 feet
to a %" iron rod found at the point of intersection;
THENCE S. 45°00°07'W. continuing along said Westerly right-of-way line, a distance of
461.58 feet to a 1/2" iron rod found at the Southeast corner of this tract;
THENCE N. 89° 52'10"W. a distance of 1110.97 feet to a'/z" iron rod found in the
Eastern boundary of said 139.2 acre tract, at the Southeast corner of this tract;
THENCE N. 00001'40"E., along the Eastern boundary of said 139.2 acre tract, a distance
of 675.22 feet to the Point of Beginning.
Contains: 613,504 square feet.
Bearings are relative to the North line of Section 35, Block JK -2, previously surveyed
and recognized as being S.89°57'E.
254
Exhibit "B"
RESOLUTION NO. R15-336
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLAINVIEW,
TEXAS, CALLING TWO (2) PUBLIC HEARINGS ESTABLISHING A PLAN TO
HEAR ANY AND ALL PERSONS DESIRING TO BE HEARD ON OR IN
CONNECTION WITH ANY MATTER OR QUESTION INVOLVING THE
PROPOSED CREATION AND ADOPTION OF A COMMUNITY
DEVELOPMENT PROGRAM AS AUTHORIZED BY TEXAS LOCAL
GOVERNMENT CODE ANN, SECTION 373, HEREAFTER REFERRED TO AS
THE "CITY OF PLAINVIEW COMMUNITY DEVELOPMENT PROGRAM NO. 1",
FOR THE PROPOSED REDEVELOPMENT OF AN APPROXIMATE 82.632
ACRE TRACT OF LAND LOCATED NEAR WESTBOUND INTERSTATE 27
AND NORTH STATE HIGHWAY 194 (DIMMITT HIGHWAY), ALL OF WHICH IS
WITHIN THE CORPORATE CITY LIMITS OF PLAINVIEW, TEXAS, AND
DIRECTING SAID NOTICE BE PUBLISHED IN THE OFFICIAL NEWSPAPER
OF THE CITY OF PLAINVIEW AND POSTING ON THE CITY'S WEBSITE.
WHEREAS, the City Council of the City of Plainview, Texas desires to adopt and create
a community development program ("Program") designed to establish a sustainable, livable
community center for the property located near westbound Interstate 27 and North State
Highway 194 (Dlmmitt Highway), which consists of an approximate 82.632 acre tract of land
("Property) pursuant to Texas Local Government Code Ann., Section 373 (Vemon's 2005);
and
WHEREAS, part of this Property is located at Interstate 27, which is a major
thoroughfare through the City; and
WHEREAS, the City appropriated significant funds for the redeveldpment, expansion
and reconstruction of Property located West of Interstate 27 to accommodate significant
industrial growth opportunities In the City as a more rational use of such land and other natural
resources in this location; and
WHEREAS, the expansion and improvement of the quantity and quality of community
services for industrial growth opportunities at this location is essential for the development of a
viable community to alleviate physical and economic distress through the stimulation of private
Investment and community revitalization; and
WHEREAS, the Council is committed to preserving the existing character of the
community while encouraging development; and
WHEREAS, the Council hereby adopts this Resolution as evidence of its plan to conduct
public hearings to hear any and all persons desiring to be heard on or in connection with the
proposed creation and adoption of a community development program as required by Texas
Local Govemment Code Ann., Section 373 (Vernon's 2005).
Res. R15-336
Community Development Program
Page 1 of 2
311
3
7
9
312
C
that:
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Plainview
I.
The City Council for the City of Plainview, Texas does hereby call a first public hearing
to be held on the 21st day of May, 2015 at 11:30 a.m. at the Plainview Civic Center, located at
2902 W. 41h, and a second public hearing to be held on the 26th day of May, 2015 at 7:00 p.m.
at City of Plainview City Hall, located at 901 Broadway, Plainview, Texas, at which time all
persons desiring to be heard will be heard on or In connection with the proposed creation and
adoption of the "City of Plainview Community Development Program No. 1" by the City of
Plainview, Texas, for the proposed redevelopment of that certain tract of land located near
westbound Interstate 27 and North State Highway 194 (Dimmitt Highway), which consists of
an approximate 82.634 acre tract of land, in the City of Plainview, Texas.
II.
The City Council further directs the City Secretary, or in her absence the Deputy City
Secretary, to publish and post the notices of these public hearings pursuant to the requirements
of the Open Meetings Act and Texas Local Government Code Ann., Section 373 (Vernon's
2005).
PASSED AND APPROVED this 12th day of May, 2015.
ATThST:
Belinda Hinojosa, Ci Secret
APPROVE; AS TO CONTENT:
Jeff
ty Manager
APPROVED AS TO FORM:
Leslie Spear, City Attorney
Res. R15-336
4ef4atintr,-4j1 ayor
Community Development Program Page 2 or 2
255
0
a
Exhibit "C"
Plainview Daily Herald
820 Broadway
Plainview, Texas 79072
(806) 296-1300
AFFIDAVIT OF PUBLICATION
STATE OF TEXAS
§
COUNTY OF HALE
BEFORE ME, the undersigned authority, personally appeared Doug McDonough,
who being by me duly sworn, deposed as follows:
1. My name is Doug McDonough. I am of sound mind, capable of making
this affidavit, and personally acquainted with the facts herein stated.
2. 1 am the agent of Plainview Daily Herald and said newspaper is regularly
published and generally circulated in Hale County, Texas.
3. The attached ished on Ma 17,15
Doug McDonough
SUBSCRIBED AND SWORN TO before me, the undersigned authority, on this
l& day of (Lti , 2015.
CAROL RUTH MCGILL
Notary Public. Stole of Tesos
My Commission Expires
April 05, 2016
R 1L*h md,
Notary Public, State of Texas
313
314
NOTICE OF PUBLIC
PROPOSEDHEARING ADOPTION
AND CREATION OFTIIE
"CM OF PLAINVIEW
COMMUNITY DEVELOP-
MENT PROGRAM NO. Y
INTHE CRY OF
CONVIEW HALE
UNff,
NOTICE Is haraby
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