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Home My WebLink AboutR17-381 filed copy2017-000238 R5 Teal Pages: 8 1111 r rl14= COPIAINik:41415114410111144 II I1 RESOLUTION R17-381 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLAINVIEW, TEXAS, MEMORIALIZING AND RATIFYING PRIOR RESOLUTION NO. R97-126 OF DECEMBER 9, 1997 PROVIDING A DRUG FREE ZONE FOR GIVENS PARK; PROVIDING SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, during 1997 the Plainview City Council, in the regular course of its business, enacted a series of resolutions adopting maps to establish various drug free zones throughout the city, and such were duly filed in the Real Property Records of Hale County, Texas, in accordance with state law; and WHEREAS, one such Resolution was No. R97-126, which created a drug free zone for 1,000 feet around Givens Park, per Agenda item 5 at the regular council meeting on December 9, 1997. Attached to this Resolution is a true, correct, certified copy of the duly approved Minutes of that December 9, 1997 meeting, reflecting the council approved by a vote of 8-0 the Resolution No. R97-126 and its attached map for Givens Park drug free zone; and WHEREAS, it now appears that, unlike the other resolutions in that 1997 series, No. R97-126 has by clerical error been misplaced or lost and cannot be located, although the adopted map of the Givens Park drug free zone map is filed in the Real Property Records of Hale County; and WHEREAS, the City Council finds that the boundaries of Givens Park have not changed since December 9, 1997 and moreover, the need and desire to have a 1,000 foot drug free zone around the park has not changed since December 9, 1997; and WHEREAS, the City Council now desires to adopt this resolution to: (1) ratify and memorialize the prior official action of adopting R97-126; (2) to memorialize that the drug free zone and map adopted on December 9, 1997 have existed continuously since December 9, 1997, having never been repealed by the City Council since that date of enactment; and (3) to hereby provide suitable replacement resolution for the 1997 action. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Plainview that: SECTION 1. The City Council adopts the above recitals as a substantive part and findings of this Resolution. Res. R17-381 Givens Park Drug Free Zone Page 1 SECTION 2. The City Council now desires to correct the clerical error of misplacing or losing the original Resolution No. R97-126, and hereby acknowledges the official act of the City Council as duly recorded in the official Minutes of the regular Plainview City Council meeting on December 9, 1997, agenda item No. 5, establishing a drug free zone around Givens Park per the map that was subsequently filed on or about that date in the Real Property Records of Hale County, Texas. SECTION 3. The City Council finds that Resolution No. R97-126 has not been amended or repealed since its date of enactment, December 9, 1997, thus the drug free zone established has been and is in continuous existence since December 9, 1997. SECTION 4. Accordingly, Resolution No. R97-126 and the corresponding adopted map is hereby recognized, ratified, and affirmed in all respects, and it is found, declared, and ratified that such resolution and the drug free zone established by such resolution has been in continuous effect since its adoption, notwithstanding the misplacement or loss of the original resolution No.R97-126 document, as evidenced by: the officially approved Minutes of the council's December 9, 1997 meeting; the duly filed map for Givens Park drug free zone in county records; and, the public records reflecting a normal and routine course of business for the City Council by enacting a series of resolutions with maps that were then filed with the Hale County Clerk. SECTION 5. This Resolution is to memorialize the prior official action of the City Council adopting Resolution R97-126 and its corresponding map on December 9, 1997 with the intention that this present Resolution is hereby deemed to be and shall be used as a clerical substitute or replacement document for the misplaced or lost original Resolution R97-126. This Resolution shall be filed in the Real Property Records of Hale County and indexed to the previously filed map of Givens Park drug free zone, in order to complete the historical record. SECTION 6. Should any part of this resolution conflict with any other resolution, then such other resolution is repealed to the extent of the conflict with this resolution. SECTION 7. Should any word, phrase, or part of this resolution be found to be invalid or unconstitutional by a court of competent jurisdiction, such finding shall not affect any other word, phrase, or part hereof and such shall be and continue in effect. SECTION 8. This resolution shall be effective on and after its adoption. Res. R17-381 Givens Park Drug Free Zone Page 2 INTRODUCED AND PASSED by the City Council of the City of Plainview, Texas, this 1901 day of January, 2017. ifix.ek) Be inda Hinojosa, City Res. R17-381 Givens Park Drug Free Zone Page 3 city of ainview CERTIFICATE OF CITY SECRETARY STATE OF TEXAS COUNTY OF HALE CITY OF PLAINVIEW OFFICE or THE CITY SECRETARY I, the undersigned, City Secretary of the City of Plainview, Texas, DO HEREBY CERTIFY AS FOLLOWS: The attached pages of the Plainview City Council Minutes of December 9, 1997 and Givens Park Drug Free Zone Map are a true copy of the original documents on file in City Hall, 901 Broadway, Plainview, Texas. In witness whereof, I have hereunto signed my name officially and affixed the seal of the City of Plainview, this 11th day of January, 2017. adt Belinda Hinojosa, City Secretary City of Plainview, Texas 901 BROADWAY 6 PLA1NVIEW, EXAS 790T).. a, TELEPHONE (8061296-H07 EAX (806) 296-1125 4 WWW !MAI NV1 cw-rx oRG explore the opportunities 11 CITY COUNCIL ME 1 G City of Plainvi December 9, 1997 The Plainview City Council held a meeting at 7:30 p.m., Tu , D ber 9, 1997 in the Co oil C - of the P Ci at 901 Broadway. The Council met in Pre -Session at 7:00 p.m. Action : y be taken on each agenda item. Notice of this m ng was posted at 11:30 a.m, on 2, 1997. = or Lloyd C. Woods presided with Co cilmemb Dickerson -Precinct , Mary Virginia Kirchhoff -Precinct 2, Rey Ro = Precinct , Hutcherson -Precinct 4, Ross Owen -Precinct 5, Bobby McGehee -Precinct 6 and Irene Favi a - Precinct 7 present. S Manager, Dal Simpson -Director of Civil S ce, W y h , GL - -F Chief Ches Carthel-Dor of Public Works, ohn Castro -Director of Community Services, Will Mull -Police Chief, No an Hu!,:' s -Director of F' ce and Karen McBeth-city secretary. mediap-* RichardO th P1 Baptist Uni OPEN E 1 Invocation - The Honorable Irene F: a Daily Her d d elevision c Pledge of Allegiance - Boy Scout Dustin B 0 ee 0 d 2. Recognitions - Mayor Woods r ed bers of e - es Douc- . - J or Leadership and Schol: 'c Pro.. . Mr. Doucette stated he appreciated Plainvi d their 'llingness to have students p . 'pate in this pro kAI : , Dr. Benj - : de with Wayland Baptist University . he appreciates the youth of P1 ' vi who are p 0cipating in the pro. - . se it !,- - u ' o - ive id and groomed them for their - : ..emic future. 3. Consent Calendar - Councilmember Favila motioned to approve the Consent Calendar as presented. Councilmember McGehee seconded the motion. MI en Councilmembers present, and the Mayor, voted in favor of the motion. a) b) c) d) e) 0 No. 97-3146. k I ; the 1997-1998 budget e op Page 1 of 3 I 0 i..tr* No. 97-3135 to of the • p REGULAR AG PA S 4. Ordinance No, 97-3145. An ord. Plainvi T to r ne property lo residential zo g *ct to -1, multi - Conflicts clause; Severability clause; And - : 4114 Lit tr. ending the zoning map of the City of at 701 Canyon from R-1, Single f ily y 1, zo g district; C ulativeness clause; eff 'ye date. S nd reading. Councilmember McGehee made the motion to approve Ord't ce No. 97-3145 and Councilmember Hutcherson sended the motion. There was no public co ent and no discussion by the Council. CounciIm b of P incts 1, 2, 3, 4, 5, 6, and 7, and Mayor Woods voted m favor of the motion to approve. 5. Resolution No. R97-126. A Resolution of the City Council of the City of P - T id g and decl • d Givens Park to be a drug free zone. g a Councilmember Dickerson read the Resolution. Councilmember Ro moved to adopt Resolution R97-126 and Councilmember Favila seconded the motion. Co scilmembers of Precincts 1, 2, 3, 4, 5, 6, 7 and Mayor Woods voted for the motion to adopt, with no votes ag: t The Resolution adopted. 6. Ordinance No 97-3149. An ordinance of the City ofPh vi , Hale Co ty, T wai g the p in Chapter 6, " de I of the Code of Ordinances, No. 94-2995, R : mg buildmgi ts fees for the Plainvi Rehabilitation Center - 24 Hours; Cumulativeness clause; Conflicts clause, And effective dFitP. First reading. Councihu ber Favila the motion to approve Ord :ce No. 97-3149, and Councilmember Ro •ndecl the motion. Mr, Atfo 'Sandoval arldr e Council, exp sing his opinion that the need for a . on center which is essible 24 ho a day for people recovering from abusive addictions was per:,:ve and ifthe City could = 've the f for building pe 'ts, it would - = 'le the Center to their 1 •ted r ur entirely on refurbishing the building for rehabilitation use. He said Alcoholics Anonymous needed a place to meet on a regular basis. Ms. Sh Sneed spoke to the Co cil i g she attends the meetings and they have been a real help in her • from alcohol and drug abuse. Fred Con : sia spoke, s . ' g the AA progr helped many people and the need for a larger meeting place is real. He said that - on the City could give regarding the f on pe 'ts would be most appreciated. ds called for the vote. Councilmembers from Precincts 1, 2, 3, 4, 5, 6, and 7, as well Page 2 of 3 as the Mayor, voted in favor of the motion to approve. 7. Open Forum. H citirequests and co • en per Open Fo obey. Mayor Woods there was no one listed on the Open Fo Mr. Bruce Rider asked or Woods why uest : d •ed? Mayor Woods stated his application did not o whom he wanted to address his 'ons. It (the application) was not complete about eve g we needed to know der our policy. Mr. Rider then asked for a copy of the City's policy and Mayor Woods ref ed him to Mr. Hatch, the City Attorney. Closed Session. Delibe : - the appointment, employment, evaluation, - : - en duties, removal, discipline or di . •ssal of a public officer or p oyee, board, com •ssion, or co ittee member, or to h- . compl •its or charges. ng and Zoning Co ission, Human Relations Co •ssion, Board of Adju . Board of Minim Housing, Building/Fire Code Board of Appeals, Plumbing Board, Electrical Board, Plainvi e Co ty Health Dep. ent, Housing Authority Board, Senior Citi s Co •ssion, P Advisory Board and Dr. Stephen T er, Medical Authority for the City of Plainview). No Closed Session held. 9. Boards, Committees and Commissions. Consider appointments to: Planning and Zoning, Human Relations Co ission, Board of Adju'sent, Board of Min' Housing, Building/Fire Code Board of Appeals, PI • bing Board, Electrical Board, Plainvi . e County Health Dep: . ent, Housing Authority Board, Senior Citizens Co • ion, Parks Advisory Board. No appointments were made. 10. 0 No. 97-3150. An o � ending Ordinance No. 97-3135 to appropriate funds in the eral F d for Dep. ' ent 52 (City/County Health Depa ent) for the budgeted fiscal y of 1997-1998; C ulativen clause; Conflicts clause; S • • clause; And ve date. (Medical Authority compensation). First g. Counciltnember McGehee motion to approve Ordinance No. 97-3150 and Councilor ber Hutche n duly seconded the motion. There was no public comment. The Mayor and Co cil embers of Precincts 1, 2, 3, 4, 5, 6 and 7 voted in favor of the motion to approve. 11. Adjournment. Councilm ber Hutcherson made a motion to adjo the me g. The motion was seconded by Co cilmember McGehee. With unanimous consen or Woods declared the adjourned at 8:11 p.m. 3-lp en cBeth, City Sec Page 3 of 3 BALTIKORE AUS TSN BR X- - IAP N i S ri- -1) !'^ 30MCOA OM33'000 O C2_ •-• 3-0 QP X n t.l rp RI 3 UI rF P R7 -11 L d- 3 N 0 M D rF Ill N 3 3 q- ,.. r1 (0 rhe P SNS rt, [3 < <_ak< ,n S v) A0 el _N UI _CI 41- M S O O 3 1 O P D� ^ ( -+i 3 IOi ro, 3 M P Z 3 N `3 P IOt2 1 CERTIFIED FILED AND RECORDED OFFICIAL PUBLIC RECORDS Letrice Kemp County Clerk HaleCounty Texes 01/26/20{7 01:24 Ph Fee: $54.00 2017-00023B RES