The URL can be used to link to this page

Home My WebLink AboutR17-381RESOLUTION 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drug free zone and map adopted on December 9, 1997 have existed continuously since December 9, 1997, having never been repealed by the City Council since that date of enactment; and (3) to hereby provide suitable replacement resolution for the 1997 action.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 1 453 454 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 19th day of January, 2017. ATT ST: Wendell Dunlap, Mayor G1� Belinda Hinojosa, City Secreta Res. R17-381 Givens Park Drug Free Zone Page 3 455 456 EXHIBIT "A" STATE OF TEXAS COUNTY OF HALE CITY OF PLAINVIEW O PLAINVIEW, TX city of plainview CERTIFICATE OF CITY SECRETARY OFFICE OF 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, 1 have hereunto signed my name officially and affixed the seal of the City of Plainview, this 11th day of January, 2017. )(1,44 • 0,034 Belinda Hinojosa, City Secretary City of Plainview, Texas 901 BROADWAY • PLAINVIEW, TEXAS 79072 • TELEPHONE (8061296-1107 • FAX (806f 296-1123 • WWW.PLAINVIEWTX.ORG explore the opportunities MINUTES CITY COUNCIL MEETING City of Plainview December 9,1997 The Plainview City Council held a meeting at 7:30 p.m, Tuesday, December 9,1997 in the Council Chambers of the Plainview City Hall at 901 Broadway: The Council met in Pre -Session at 7:00 p.m. Action may be taken on each agenda item. Notice of this meeting was posted at 1130 a.m. on December 2,1997: Mayor Lloyd C. Woods presided with Councilntembers Larry Dickerson -Precinct 1, Mary Virginia Kirchhoff Precinct 2, Rey Rosas -Precinct 3, Mike Hutcherson -Precinct 4, Ross Owen -Precinct 5, Bobby McGehee -Precinct 6 and Irene Favila- Precinct 7 present Stier members present were: Jun Jeffers -City Manager, Dale Simpson -Director of Civil Service, Wally Hatch -City Attorney, Gary Glass -Fire Chiu Ches Carthel-Director of Public Works, John Castro -Director of Community Services, Will Mull -Police Chiu Norman Huggins -Director of Finance and Karen McBeth-city secretary. News media present Richard Orr with Plainview Daily Herald and television crew of Wayland Baptist University. OPEN MEETING 1. Invocation - The Honorable Irene Favila Pledge of Allegiance - Boy Scout Dustin Brownlee 2. Recognitions - Mayor Woods recognized several members of the James Doucette Junior Leadership and Scholastic Program. Mr. Doucette stated he appreciated Plainview and their willingness to have students participate in this program. Dr. Benjamin Akande with. Wayland Baptist University stated he appreciates the youth of Plainview who are participating in the program because it gave them such innovative ideas and groomed them for their academic future. 3. Consent Calendar - Councilmember Favila motioned to approve the Consent Calendar as presented. Councilmember McGehee seconded the motion. All seven Councilmembers present, and the Mayor, voted in favor of the motion. a) Minutes of November 20 and 25. 1997 were approved. b) Departmental Reports were sampled. c) Expenditures were approved d) Excused Absence was extended to Councilmember Hutson for the Work Session and Special Meeting of December 4. 1997. Ordnance No. 97-3146. An ordinance amending Ordinance No. 97-3135 to appropriate finds in the 1997-1998 budget for the operation and noainte .*..N of the wastewater vestment plant. ) Page 1 of 3 457 458 Resolution No. R97-125. A Resolution oldie City of Plainview adopting a Seed= 125 Flexible Benefit Plan and approving American Family Life Aix Company ("AFLAC") as agency to furnish reimbursement services, police interpretadon hard documentation records. Approved. REGULAR AGENDA ITEC 4. Ordinance No. 97-3145. An ordinance amending the zoning map of the City of Plainview, Texas to rezone property located at 701 Canyon from R-1, Single family residential zoning district to MF -1, multi -family 1, zoning district; Cumulativeness clause; Conflicts clause; Severability clause; And effective date. Second reading. Councilmember McGehee made the motion to approve Ordinance No. 97-3145 and Councilmember Hutcherson seconded the motion. There was no public comment and no discussion by the Council. Councilmembers of Precincts 1, 2, 3, 4, 5, 6, and 7, and Mayor Woods voted in favor of the motion to approve. 5. Resolution No. R97-126. A Resolution of the City Council of the City of Plainview, Texas identifying and declaring a certain area around Givens Park to be a drug free zone. Councilmember Dickerson read the Resolution. Councilmember Rosas moved to adopt Resolution R97-126 and Councilmember Favila seconded the motion. Councilmembers of Precincts 1, 2, 3, 4, 5, 6, 7 and Mayor Woods voted for the motion to adopt, with no votes against. The Resolution was adopted. 6. Ordinance No. 973149. An ordinance of the City of Plainview, Hale County, Texas waiving the permit fees established in Chapter 6, Article' of the Code of Ordinances, No. 94-2995; Regarding building permits fees for the Plainview Rehabilitation Center - 24 Hours; Cumulativeness clause; Conflicts clause; And effective date. First reading. Councilmesnber Favila made the motion to approve Ordinance No. 97-3149, and Councilmember Rosas seconded the motion. Mr. Alfonso Sandoval addressed the Council, expressing his opinion that the need for a rehabilitation center which is accessible 24 hours a day for people recovering from abusive addictions was imperative and if the City could waive the fess for building permits, it would enable the Center to use their limited resources entirely on refurbishing the building for rehabilitation use. He said Alcoholics Anonymous needed a place to meet on a regular basis. Ms. Sheva Sneed spoke to the Council stating she attends the AA meetings and they have bean a real help in her recovery from alcohol and drug abuse. Fred Constansia spoke, stating the AA program helped many people and the need for a larger meeting place is very real. He said that any consideration the City could give regarding the fees on permits would be most appreciated: Mayor Woods 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 Foram. Hear citizens requests and comments per Open Forum Policy. Mayor Woods stated there was no one listed on the Open Forum. Mr. Bruce Rider asked Mayor Woods why his request was denied? Mayor Woods stated his application did not state to whom he wanted to address his actions. It (the application) was not complete about everything we needed to know under ow policy. Mr. Rider then asked for a copy of the City's policy and Mayor Woods referred him to Mr. Hatch, the City Attorney. 8. Closed Session. Deliberate the appointment, employment, evaluation, reassignment or duties, removal, discipline or dismissal of a public officer or employee, board, commission, or committee member, or to hear complaints or charges. (Planning and Zoning Commission, Human Relations Commission, Board of Adjustment, Board of Minimum Housing, Building/Fire Code Board of Appeals, Plumbing Board, Electrical Board, Plainview/Hale County Health Department, Housing Authority Board, Senior Citizens Commission, Parks Advisory Board and Dr. Stephen Turner, Medical Authority for the City of Plainview). No Closed Session was held. Boards, Committees and Commissions. Consider appointments to: Planning and Zoning, Human Relations Commission, Board of Adjustment, Board of Minimum Housing, Building/Fire Code Board of Appeals, Plumbing Board, Electrical Board, Plainview/Hale County Health Department, Housing Authority Board, Senior Citizens Commission, Parks Advisory Board. No appointments were made. 10. Ordinance No. 97-3150. An ordinance amending Ordinance No. 97-3135 to appropriate funds within the General Fund for Department 52 (City/County Health Department) for the budgeted fiscal year of 1997-1998; Cumulativeness clause; Conflicts clause; Severability clause; And effective date. (Medical Authority compensation). First reading. Councilmember McGehee motion to approve. Ordinance No. 97-3150 and Councilmember Hutcherson duly seconded the motion. There was no public comment. The Mayor and Councilmembers of Precincts 1, 2, 3, 4, 5, 6 and 7 voted in favor of the motion to approve. 11. Adjournment Councilmember Hutcherson made a motion to adjourn the meeting. The motion was seconded by Councilmember McGehee. With unanimous consent Mayor Woods declared the adjourned at 8:11 p.m: c2kt Karen McBeth, City Secretary Page 3 of 3 459 460 B TI 111111111 111111111 AUSTIN ..11111E,` ASH STREET i 1 n 0 !111111 111 SIL:: 1111 ___ TH COLUMBIA STREET. Ion uRon —."— EONS 1111111 A, 1=E =111 =1111 =MI NEM - !1 -�- -EINE I{IIIfI`I � 111111i1`aii�if WI hIIIIIII :!tII!I11f c.1 CD C MI ✓ _In C/J C7 m fri rvJ LI M 1 b. L iY 8 f 111111 j11111111A111111N■ 1111111'itlll III 111111®® 1IIIII11�llllllitSII®■ 111111111 11111111:111111■ 8 rs g 11111{1 11111111 iiiiiii 1111 miiiva jig- jai 1111 3 0 7 COIN O A 3 s40 0 Z OQP!"' 31300Xi"/7 " ID AI UIeFflrp .1- O 5O'0 3 3" ma) eN- 3'Kt.�VIY1Oro �3 1 O =� itt V►33 A h� P r0Cl rFXn< <p I?3 Ohm O 3 CO y p 4111 "+f 3UI(03- 3roP ro <m 3 p 'at v� ry rn 7C � a Z 3 rap 3" a ro m m 0- .i Pr 11 c- 1P4 'wo N