HomeMy WebLinkAbout22-3735 OrdinanceORDINANCE NO. 22-3735
AN ORDINANCE OF THE CITY OF PLAINVIEW, TEXAS, ANNEXING THE
TERRITORY DESCRIBED HEREIN TO THE CITY OF PLAINVIEW, HALE
COUNTY, TEXAS, AND EXTENDING THE BOUNDARY LIMITS OF THE
CITY OF PLAINVIEW, TEXAS SO AS TO INCLUDE THE PROPERTY
DESCRIBED IN THE ORDINANCE WITHIN THE CITY LIMITS,
GRANTING TO ALL THE INHABITANTS OF SAID PROPERTY ALL THE
RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BINDING SAID
INHABITANTS BY ALL OF THE ACTS, ORDINANCES, RESOLUTIONS,
AND REGULATIONS OF SAID CITY INCLUDING OBLIGATING EACH
PROPERTY SITUATED THEREIN TO BEAR ITS PRO RATA SHARE OF
TAXES LEVIED; ADOPTING A PLAN FOR MUNICIPAL SERVICES FOR
THE ANNEXED PROPERTY; PROVIDING A SAVINGS CLAUSE;
PROVIDING A REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Plainview, Texas, is home rule law municipality and is
authorized by Article VII, Section 7.03 of the Plainview City Charter and Chapter 43 of the
Texas Local Government Code to adopt and implement necessary and reasonable
ordinances that is necessary for the government, interest, welfare, or good order of the
municipality and that is in the best interests of its citizenry; and
WHEREAS, Section 43.0671 of the Local Government Code permits the City to
annex an area if each owner of land in an area requests the annexation; and
WHEREAS, the owners of a certain tract of land situated in Hale County, Texas,
which consists of approximately 8 acres in the City's extraterritorial jurisdiction, such
property being more particularly described as an 8+/- acre tract or parcel of land out of
a 20.0 acre tract of land as conveyed to T.J. Auto Inc. and Charles Schafer by instrument
as recorded in Volume 1031, page 1109, Deed Records of Hale County Texas, being
situated in Section 22, Block JK-2, G.C. & S.F.R.R. Co. Survey, Hale County Texas,
said, 8.00 +/- acre tract having been surveyed by Geospacial Data, Inc., on February 25,
2022 ("Property") has filed a written request with the City for full -purpose annexation of
the Property; and
WHEREAS, in accordance with Texas Local Government Code § 43.0672, the
City and the owners have set out in a written agreement outlining the City services to be
provided for the property on or after the effective date of annexation with such written
agreement being attached to this ordinance; and
WHEREAS, the procedures of Texas Local Government Code Subchapter C-3
including conducting a public hearing, publishing notice of the public hearing have been
duly followed with respect to the Property; and
1
Ordinance No. 22-3735
Page 1 of 3
91
WHEREAS, the City Council of the City of Plainview, finds the following ordinance
annexing the Property described herein is beneficial for the public health, safety and
general welfare of the citizens of Plainview and a proper exercise of its police power;
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PLAINVIEW HEREBY
ORDAINS, THAT:
SECTION 1. That the foregoing recitals outlined above are approved and
incorporated herein as though set forth fully herein.
SECTION 2. That the Property located adjacent to City of Plainview consisting of
approximately 8+/- acre tract or parcel of land out of a 20.0 acre tract of land as conveyed
to T.J. Auto Inc. and Charles Schafer by instrument as recorded in Volume 1031, page
1109, Deed Records of Hale County Texas, being situated in Section 22, Block JK-2,
G.C. & S.F.R.R. Co. Survey, Hale County Texas, said, 8.00 +/- acre tract having been
surveyed by Geospacial Data, Inc., on February 25, 2022 is hereby added and annexed
to the City of Plainview. Said Property shall hereafter be included within the boundary
limits of the City of Plainview; and, the present boundary limits of such City are altered
and amended so as to include the Property within the corporate limits of the City of
Plainview.
SECTION 3. That Property described above now is a part of the City of Plainview
for all purposes and the tracts or properties situated in the Property shall bear its pro rata
part of the taxes levied by the City of Plainview, and shall be entitled to the same rights
and privileges, duties and responsibilities, including those established by the written
agreement attached hereto and made a part hereof by this reference, as other similarly
situated property within the corporate limits.
SECTION 4. That the inhabitants residing within the confines of the Property shall
be entitled to all the rights and privileges of all the citizens of Plainview. Such persons
shall be bound by the ordinances, resolutions, and other regulations of the City of
Plainview, unless exempted from the application of any such law.
SECTION 5. That the official map of the City of Plainview is hereby amended by
this annexation and such additional territory shall be shown on such map as being within
the corporate limits of the municipality upon the next publication of said map and
thereafter.
SECTION 6. A written agreement outlining the City services to be provided for the
Property on or after the effective date of annexation is hereby adopted and attached
hereto as Exhibit "A" and shall serve as the municipal services plan.
SECTION 7. Effective Date. This ordinance shall take effect immediately upon
final passage and publication as may be required by governing law.
Ordinance No. 22-3735 Page 2 of 3
92
SECTION 8. Repealed. All other terms and provisions of the Code of
Ordinances, City of Plainview, not in conflict herewith and not hereby amended shall
remain in full force and effect.
SECTION 9. Severability. If any provision, section, subsection, sentence, clause
or the application of same to any person or set of circumstances for any reason is held to
be unconstitutional, void or invalid or for any reason unenforceable, the validity of the
remaining portions of this ordinance or the application thereby shall remain in effect, it
being the intent of the City Council of the City of Plainview, Texas in adopting this
ordinance, that no portion thereof or provision contained herein shall become inoperative
or fail by any reasons of unconstitutionality of any other portion or provision.
SECTION 10. Publication. The City Secretary of the City of Plainview is
hereby authorized and directed to cause publication of the descriptive caption of this
Ordinance as an alternative method provided by law.
Passed and approved on first reading this 13th day of September, 2022.
Passed and approved on second reading this 27th day of September, 2022.
ATTEST:
/&"�--
Belinda Hinojosa, City Secrets
APPROVED AS TO CONTENT:
Jeffrey S#cdef,-r Manager
APPROVED AS TO FORM:
Matt w L. Wade, City Attorney
1
1
Ordinance No. 22-3735
Page 3of3
93
Exhibit "A"
STATE OF TEXAS §
COUNTY OF HALE §
MUNICIPAL SERVICES AGREEMENT - ANNEXATION
BETWEEN THE CITY OF PLAINVIEW, TEXAS AND T&J AUTO INC./JACK
RABBIT RANCH LLC.
This Municipal Services Agreement ("Agreement") is made and entered into
this day of 2022 by and between the City of Plainview,
Texas, a home rule muni4kity and political subdivision of the State of Texas ("City")
and T&J Auto Inc./Jack Rabbit Ranch LLC (collectively "Owner")
WHEREAS, the City is a home rule municipality and is governed by Article VII,
Section 7.03 of the Plainview City Charter and Texas Local Government Code ("Local
Government Code") Chapter 43 for purposes of annexation; and
WHEREAS, Section 43.0671 of the Local Government Code permits the City to
annex an area if each owner of land in an area requests the annexation; and
WHEREAS, the Owner owns a certain tract of land situated in Hale County,
Texas, which consists of approximately 8 acres in the City's extraterritorial jurisdiction
such property being more particularly described as:
An 8+/- acre tract or parcel of land out of a 20.0 acre tract of land as
conveyed to T.J. Auto Inc. and Charles Schafer by instrument as recorded
in Volume 1031, page 1109, Deed Records of Hale County Texas, being
situated in Section 22, Block JK-2, G.C. & S.F.R.R. Co. Survey, Hale
County Texas, said, 8.00 +/- acre tract having been surveyed by Geospacial
Data, Inc., on February 25, 2022 ("Property"); and
WHEREAS, in accordance with Texas Local Government Code § 43.0672, the
City is required to enter into a written agreement with the Owner outlining the City
services to be provided for the Property on or after the effective date of annexation; and
WHEREAS, Owner has filed a written request with the City for full -purpose
annexation of the Property ("Annexation Request"); and
WHEREAS, City and Owner desire to set out the City services to be provided for
the Property on or after the effective date of annexation; and
WHEREAS, the Annexation Request and execution of this Agreement are subject
to approval by the City of Plainview City Council and subject to fulfilling the
requirements of Texas Local Government Code Subchapter C-3 including conducting a
public hearing, publishing notice of the public hearing and approving an ordinance that
authorizes the annexation;
NOW, THEREFORE, in consideration of the mutual promises and covenants
herein contained, the receipt and sufficiency of which is acknowledged, the City and
Owner agree as follows:
TIQJ Auto Inc and Jack Rabbit Ranch LLC Annexation agreement
Page 1 of
�J
1. Recitals Incorporated. The recitals outlined above are found to be true and correct
and are incorporated herein as though set forth fully herein.
2. Property. This Agreement is only applicable to the Property as described in Exhibit
A, which is the subject of the Annexation Request. It is recognized and acknowledged
by the parties that the Property is undeveloped and does not have any structures or
other improvements on the Property as of the effective date of this Agreement.
3. Intent. It is the intent of the City that this Agreement provide for the delivery of all
available municipal services to the Property in accordance with state law, which may
be accomplished through any means permitted by law.
4. Municipal Services.
a Commencing on the effective date of annexation, the City will provide the
municipal services set forth below. As used in this Agreement, "providing
services" includes having services provided by any method or means by which
the City may extend municipal services to any other area of the City, in
accordance with applicable city ordinances, rules, regulations, and policies.
i. Fire — The City's Fire Department will provide emergency and fire
protection services.
H. Police — The City's Police Department will provide protection and law
enforcement services.
iii. Emergency Medical Services - The City's Fire Department will
provide emergency medical services.
iv. Planning. Zoning, and Building — The City's Community Services
Department will provide comprehensive planning, land development,
land use, and building review and inspection services in accordance
with all applicable laws, rules, and regulations.
v. Streets — City will maintain any existing public streets at the time of
the Annexation or any public rights -of -way lawfully and properly
dedicated to the City for such purposes and over which the City has
jurisdiction. The City will provide regulatory signage services in
accordance with the City policies and procedures and applicable laws.
vi. Water and Wastewater - Subject to all applicable ordinances and rules
regarding water and wastewater utilities, any home or building
constructed on any lot or parcel on the Property after annexation shall
be required to connect to the City's water and wastewater utility
system.
vii. Solid Waste Services — The City will provide solid waste collection
services in accordance with existing City ordinances and policies,
except where prohibited by law.
viii. Code Compliance — The City's Code Compliance Department will
provide education, enforcements, and abatement relating to code
violations within the Property.
T&1 Auto Inc and Jack Rabbit Ranch LLC Annexation agreement
Page 2 of 6
1
ix. Solid Waste Services — The City will provide solid waste collection
services in accordance with existing City agreements, ordinances and
policies, except where prohibited by law.
x. Code Compliance — The City will provide education, enforcements,
and abatement relating to code violations within the Property.
xi. Street Lights —The City will coordinate any request for improved street
lighting with the local electric provider in accordance with standard
policy.
h It is understood and agreed that the City is not required to provide a service
that is not included in this Agreement. It is specifically acknowledged that
the City does not currently provide police, fire, emergency medical service
and is unable to provide wastewater service to the Property.
c. Owner understands and acknowledges that the services the City provides
herein may change or be re -organized and to the extent that such change or
re -organization applies to the entire City, such change or re -organization shall
apply to the Property.
5. Legal Authority. City and Owner represent that they have full power, authority and
legal right to execute, deliver and perform their obligations pursuant to this
Agreement. Owner acknowledges that approval of the Annexation Request is within
the sole jurisdiction of the City Council,
6. Severability. If any part, term, or provision of this Agreement is held by the courts
to be illegal, invalid, or otherwise unenforceable, such illegality, invalidity, or
unenforceability will not affect the validity of any other part, term or provision, and
the rights of the parties will be construed as if the part, term, or provision was never
part of the Agreement.
7. Interpretation. The parties to this Agreement covenant and agree that in any litigation
relating to this Agreement, the terms and conditions of the Agreement will be
interpreted according to the laws of the State of Texas. The parties acknowledge that
they are of equal bargaining power and that each of them was represented by legal
counsel in the negotiation and drafting of this Agreement.
8. Immunities. This Agreement shall not be construed to impair or affect any sovereign or
governmental immunity or official immunity that may otherwise be available to the City or
any officer, agent or employee of the City.
9. Entire Agreement, Amendments. This Agreement contains the entire understanding
between the parties relating to the subject matter hereof and supersedes all oral statements and
prior writings with respect thereto. No modification or waiver of this Agreement or any
provision hereof, nor consent to any departure therefrom shall in any event be effective,
irrespective of any course of dealing between the parties, unless the same shall be in a writing
executed by a duly authorized representative of the party whose rights are being waived, and
then such waiver or consent shall be effective only in the specific instance and for the purpose
for which it is given.
T&J Auto Inc and lack Rabbit Ranch LLC Annexation agreement Page 3 of6
10. Jurisdiction/Venue. This Agreement is to be construed under Texas law, and venue
for any action brought pursuant to this Agreement, or any activity contemplated hereby,
shall He exclusively in Hale County, Texas.
11. No Joint Venture.Nothing contained herein shall be construed to imply a joint venture, joint
enterprise, partnership or principal -agent relationship between Owner and City. The rights
and obligations of the parties are to be governed strictly by this Agreement and it is not
intended that there shall be any lending of credit by one party to the other or that either party
shall be entitled to create any obligation binding on the other party not specifically provided
for herein. Nothing herein shall be construed as a loan or pledge of credit or assets by City as
prohibited by Article 3, Section 52 of the Texas Constitution or otherwise.
12. Execution/Multiple Originals. The execution, delivery and performance of this
Agreement and the activities contemplated hereby have been duly and validly authorized by
the parties. This Agreement may be executed in two counterparts, each of which shall
constitute an original.
13. No Waiver. The failure of either party to insist upon the performance of any term or
provision of this Agreement or to exercise any right granted hereunder shall not
constitute a waiver of that parry's right to insist upon appropriate performance or to
assert any such right on any future occasion.
14. Captions. The captions to the various clauses of this Agreement are for informational
purposes only and shall not alter the substance of the terms and conditions of this
Agreement.
15. Agreement Binds Successors and Runs with the Land. This Agreement is binding
on and inures to the benefit of the parties, their successors, and assigns. The term of
this Agreement constitutes covenants running with the land comprising the Property
and is binding on the Owner.
Executed as of the day and year first above written to be effective on the
effective date of annexation of the Property.
CITY OF PLAINVIEW, TEXAS
0
�r
Charles Stame moor
i Inc and Jack Rabbit Ranch LLC Annexation agreement
Page 4 of 6
STATE OF TEXAS
COUNTY OF HALE
BEFORE ME, on this day, personally appeared Charles Starnes, Mayor of the City of Plainview,
Texas, known to me or proved to me through identity card or other document to be the person whose name
is subscribed to the foregoing instrument and acknowledged to me that she executed the same in the capacity
stated, as the act of the City of Plainview, Texas, for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL of this Ord
day of ,. 2022.
EC(
INDA VALLEJO HINOJOSANOTARY PUBLIC Notary Public, State of Texas
STATE OF TEXASID # 644426-1
Comm, Expires 04-28-2025
T&J AUTO INC
Signed:
James Odom
Title: -Pra Vd eo I
STATE OF TEXAS §
COUNTY OF HALE §
BEFORE ME, the undersigned authority, on this day personally appeared James Odom,
, of T&J AUTO INC. known to me to be the person whose name
is subscribed to the foregoing instrument and each acknowledged to me that he executed the same
for the purposes and consideration therein expressed.
Given under my hand and seal of office, this Iq day o , 2022.
e�ly
PAM SHIRLEY NOTARY PUBLIC Nota Public in and for the tate of Texas.
STATE OF TEXASry10 # 6768161 Comm. Expires 06-29-2024
T&J Auto Inc and Jack Rabbit Ranch LLC Annexation agreement Page 5 of 6
JACK RABBIT RANCH LLC.
Signed:
Charles Schafer
Title:-rf��,L�`
STATE OF TEXAS §
COUNTY OF HALE §
BEFORE ME, the undersigned authority, on this day personally appeared Charles Schafer,
, of JACK RABBIT RANCH LLC, known to me to be the person
whose name is subscribed to the foregoing instrument and each acknowledged to me that he
executed the same for the purposes and consideration therein expressed.
Given under my hand and seal of office, this � day o , 2022.
eAly
PAM SHIRLEYNOTARY PUBLICSTATE OF TEXAS10 # 6768161Ccmm.Expires 06.29-2024
T&J Auto Inc and Jack Rabbit Ranch LLC Annexation agreement
L
Notary Public in and for th tate of Texas.
Page 6 of 6
1
1
1