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Home My WebLink About20-3703 ord327 ZONING ORDINANCE - Zone Case 20-01 ORDINANCE NO.. 20-3703 AN ORDINANCE AMENDING ORDINANCE NO. 19-3690 OF THE CITY OF PLAINVIEW, TEXAS AND AMENDING THE ZONING MAP OF THE CITY OF PLAINVIEW AS SET OUT IN §14.02.003 OF THE CODE OF ORDINANCES BY . CHANGING: FROM SUBURBAN RESIDENTIAL ("SR") ZONING DISTRICT TO GENERAL COMMERCIAL BUSINESS ("GC") ZONING DISTRICT BLOCK 3 LOTS 4 & 5 OF THE ELM -DALE SUBDIVISION,. -COMMONLY KNOWN AS .406 S. BROADWAY, -PLAINVIEW, HALE COUNTY, TEXAS; PROVIDING FOR A PENALTY:OF UP TO $2;000.00 FOR: VIOLATIONS; :PROVIDING AN EFFECTIVE DATE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. WHEREAS,. the City Council for the City of Plainview, Texas has: jurisdiction: under the constitution and laws of ,the State .of Texas including, but not limited: to, Article 11, Section 5 of the Texas Constitution, as a home rule city and Texas Local Government Code Chapter 211, to set forth zoning ordinances and regulations for the public health, safety, morals, or general welfare, for protecting and preserving places and areas of historical, cultural, or architectural importance and significance and :to promote a harmonious,..conve.nient, workable relationship among land uses; -and: WHEREAS, the City Council of the.City of Plainview, Texas has previously passed Ordinance 19-3690, a comprehensive zoning ordinance, as amended and codified .in Plainview Code of Ordinances Chapter 14 establishing, among other things, the zoning district boundaries including applicable definitions and: the .Zoning Map. of the City of Plainview; and WHEREAS, the owner of the following described. parcels of land had .requested that -their property be changed from Homeowner has requested that the zoning: for their property be changed from Suburban Residential ("SR") Zoning District to General Commercial Business ("GC") Zoning District: Block 3. Lot 4 & 5 of the: Elm -Dale Subdivision, Plainview,- Hale County, Texas, the same being: 406 S- Broadway, City of Plainview;: Hale County, Texas; and WHEREAS;: the property owner filed an :application to change the zoning on their property and completed the staff review process as required: under §14.1.3.006 of the Plainview Code of Ordinances; and WHEREAS; after giving- proper notice the Planning and Zoning Commission conducted a public hearing on the respective: property on F.EBRUARY 13, 2020 , to consider amending Plainview's Zoning Ordinance and having:.determined that -:it met Ordinance No. 20-3703 Page 1 of 3 328 the general rezoning criteria of-§14.13.006(.c.) of the Plainview Code of Ordinances, at the conclusion of such hearing voted to recommend to the City Council to amend the Zoning Ordinance as: outlined herein; and WHEREAS, following the recommendation of the Planning .and Zoning Commission,. notice of the time and place of a public hearing on the proposal before the City Council was published in the Plainview Daily Herald at least fifteen .(15) days prior to the date of the public hearing in accordance with §211.006(a) of the: Texas Local Government Code; and WHEREAS, on March 10, 2020, the City Council of the City of Plainview conducted a public hearing for each 'piece of property separately on the recommended zoning change at a regular council meeting and all interested ;persons were given an opportunity to speak on such recommendation; and WHEREAS,: the City Council of the City of Plainview finds that amending Ordinance 1:9-3690 by changing the zoning from Suburban Residential ("SR") Zoning District to General Commercial Business ("GC") Zoning: District. Block 3 Lot 4 A:.5 of the Elm -Dale Subdivision, Plainview, Hale-Co.unty, Texas, the same being 406 S Broadway, City of Plainview,. Hale County, Texas to be reasonable and beneficial for the public health, safety, morals, general welfare and public interest of the citizens of Plainview and desires amend the ordinance and the Zoning: Map of Plainview accordingly; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PLAINVIEW HEREBY ORDAINS THAT: SECTION 1. The recitals set forth above are hereby found to be true and correct and are incorporated into the :body of this Ordinance: for all purposes as if fully set forth :herein. .SECTION 2. Ordinance 19-3690 as.amended and codified in the Code of Ordinances, of the City of Plainview Texas, is hereby amended as follows: in accordance with §14.13.006 of the Code of Ordinances, City of:Plainview, a change in -zoning from: Suburban Residential ("SR") Zoning District to General Commercial Business ("GC") Zoning District Block 3 Lot 4 & 5 of the Elm -Dale Subdivision, Plainview, Hale County,, Texas, the same being: 406 =S Broadway, City of Plainview, Hale County, Texas. SECTION 3. The Zoning Map of the City of :Plainview as set forth in §14.02,003 of the Code of -Ordinances, City of Plainview,be amended to reflect the above referenced change in zoning. 1 Ordinance No. 20-3703 Page 2 of:3 329 SECTION 4. A violation of any provision of this Ordinance shall be. deemed -a misdemeanor punishable in accordance with Section 1.01.009 of the Code of Ordinances of the City of Plainview, Texas.. SECTION 5. This ordinance -shall take: -effect immediately from: and after its passage and publication as may be required by governing law. SECTION 6. All other: terms. and provisions.of the Code of�Ordinances, City of Plainview, Texas not in conflict herewith and not hereby amended shall remain in full force.and effect. SECTION 7. Should any paragraph, section., sentence-,- phrase, clause or word of this Ordinance be declared unconstitutional or invalid for any reason, the remainder of this Ordinance shall not be affected thereby. SECTION 8. The City Secretary of the City of Plainview is hereby authorized; anddirected to cause publication of the descriptive caption of this Ordinance as an alternative method_ provided by law. Passed and ;approved on first reading this loth day of- March, 2020.. Passed and approved on second reading this 24th: day of March, .2020. Wendell Dunlap, Mayor ATT ST: Belinda Hin " sa, City Secretary APPROVED AS CONTENT: City Manager APPROVED AS TO FORM: Matt w L. Wade, ity Attorney Ordinance No: 20-3703 Page 3 Of 3 330 ORDINANCE NO.20-3704 ORDINANCE AUTHORIZING THE. ISSUANCE OF CITY OF PLAINVIEW, TEXAS, GENERAL OBLIGATION REFUNDING BONDS, SERIES 2020; APPOINTING A PRICING OFFICER AND DELEGATING TO THE PRICING OFFICER THE AUTHORITY TO APPROVE THE SALE OF THE BONDS;. LEVYING AN ANNUAL AD VALOREM TAX AND PROVIDING FOR. THE SECURITY FOR AND PAYMENT OF SAID BONDS; AND ENACTING OTHER PROVISIONS RELATING TO THE SUBJECT. THE STATE OF TEXAS § COUNTY OF HALE § CITY OF PLAINVIEW § WHEREAS, there are presently the outstanding obligations of the City of Plainview, Texas (the "Issuer"), described in Schedule I attached hereto, collectively, the "Eligible. Refunded Obligations"; WHEREAS, the Issuer now desires to refund all or part of the Eligible Refunded Obligations., and those Eligible Refunded Obligations designated by the Pricing Officer in the Pricing Certificate,. each as defined below, to be refunded.are herein referred to as the "Refunded Obligations"; WHEREAS, Chapter 1207, Texas Government Code, authorizes the Issuer to issue refunding bonds and to deposit the proceeds from the sale thereof, together with any other available funds or.resources, directly with a paying agent for any of the Refunded Obligations .or a trust company or commercial bank that does not act as a depository for the Issuer and:is named in these proceedings, and such deposit, if made before the payment dates of the Refunded Obligations, shall constitute the- making of firm banking and financial arrangements for the discharge and final payment of the Refunded Obligations; WHEREAS, Chapter 1207, Texas Government Code, further authorizes the Issuer to enter into an escrow agreement -with such paying agent for the Refunded Obligations or trust company or commercial bank with respect to the safekeeping, investment, reinvestment, administration and disposition of any such deposit, upon such terms and conditions: as the Issuer and such paying agent or trust company or commercial bank may agree; WHEREAS, this City Council hereby finds and determines that it is a public purpose and in the best interests of the Issuer to refund the Refunded Obligations in order to achieve a present value debt service savings of at. least 3.00%, with such savings, among other information and terms to be included in a pricing certificate (the "Pricing Certificate") to be executed by the Pricing Officer (hereinafter designated), all in accordance with the provisions of Section 1-207.007, Texas Government Code; WHEREAS, all the Refunded Obligations mature or are subject to redemption prior to maturity within 20 years of the date of the bonds hereinafter authorized; WHEREAS, the bonds hereafter authorized are being issued and delivered pursuant to said Chapter 1207, Texas Government Code; and