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Home My WebLink About24-3763 Ordinance350 ORDINANCE NO. 24-3763 AN ORDINANCE OF THE CITY OF PLAINVIEW, TEXAS, CONVEYING PROPERTY TO THE PLAINVIEW-HALE COUNTY INDUSTRIAL FOUNDATION, INC. D/B/A PLAINVIEW/HALE COUNTY ECONOMIC DEVELOPMENT CORPORATION PURSUANT TO TEXAS LOCAL GOVERNMENT CHAPTER 380 AND TEXAS LOCAL GOVERNMENT CODE § 253.0125 AND IN COMPLIANCE WITH THE CITY OF PLAINVIEW CITY CHARTER ARTICLE II, § 2.12; PROVIDING AN EFFECTIVE DATE; PROVIDING A SAVINGS CLAUSE; PROVIDING A REPEALER AND PROVIDING FOR PUBLICATION. WHEREAS, the City Council for the City of Plainview, Texas, pursuant to the constitution and laws of the State of Texas including, but not limited to, Article 3, Section 52-a of the Texas Constitution as a home rule municipality and political subdivision of the State of Texas and the applicable provisions of Chapter 380 of the Texas Local Government Code has established and provided for the administration of one or more programs, including programs for making loans and grants of public money, providing personnel and services of the municipality, and transferring real property to promote state or local economic development and to stimulate business and commercial activity in the City of Plainview; and WHEREAS, the Plainview -Hale County Industrial Foundation, Inc. d/b/a Plainview/Hale County Economic Development Corporation (the "PHCEDC"), according to its articles of incorporation is organized for the exclusive purpose of promoting the development of commercial, industrial and manufacturing enterprises to promote and encourage employment in Hale County and the City of Plainview region; and WHEREAS, the City and PHCEDC recognize a critical need to maintain and attract quality commercial enterprises to the City that would be advantageous to the economic development of the community and stimulate business and commercial activity in the City; and WHEREAS, PHCEDC desires to acquire ownership of the following real property owned by the City of Plainview for purposes of having the property developed for commercial purposes consistent with the purpose of the PHCEDC and has applied for and requested the transfer of such real property from the City of Plainview, such real property described as: A 1.94 acre tract out of Section 28, Block JK-2, City of Plainview, Hale County, Texas more particularly described in the survey attached hereto as Exhibit A which is incorporated herein as though set forth fully herein (the "Property"); and WHEREAS, the City of Plainview, pursuant to Texas Local Government Chapter 380 and Texas Local Government Code § 253.0125 may transfer to an entity real property so that the property may be used in a manner that primarily promotes a public purpose of Ordinance Convening PropertN to PHCEDC for Economic Development Page I of 3 351 Ile municipality relating to economic development; and WHEREAS, the City of Plainview and the PHCEDC, in accordance with Texas Local Government Code § 253.0125, have reached an agreement for the use of the Property that promotes the public purpose of developing the Property for economic development purposes; and WHEREAS, in accordance with the City of Plainview City Charter, Article II, § 2.12, all conveyances of real property must be done by ordinance duly passed by the governing body of the City of Plainview; and WHEREAS, the City, based on information and representations from PHCEDC, has concluded that conveying the Property to the PHCEDC promotes the economic development in the City of Plainview, is in compliance with state law and is in the best interest of the citizens of the City of Plainview. NOW, THEREFORE, THE CITY OF PLAINVIEW HEREBY ORDAINS THAT: SECTION 1. The recitals and findings outlined above are found to be true and correct and incorporated herein as though set forth fully herein. SECTION 2. In accordance with Texas Local Government Code Chapter 380 and Texas Local Government Code § 253.0125, the following described property is hereby conveyed to the Plainview -Hale County Industrial Foundation, Inc. d/b/a Plainview/Hale County Economic Development Corporation ("PHCEDC") for the purposes outlined in the written agreement between the City of Plainview and the PHCEDC relating to such Property: A 1.94 acre tract out of Section 28, Block JK-2, City of Plainview, Hale County, Texas more particularly described in the survey attached hereto as Exhibit A which is incorporated herein as though set forth fully herein (the "Property"). SECTION 3. The Mayor or City Manager is hereby authorized to execute any and all documents necessary to effectuate the conveyance of the Property to the PHCEDC. SECTION 4. Effective Date. This ordinance shall take effect immediately from and after its passage and publication as may be required by governing law. SECTION 5. Repealed. All other terms and provisions of the Code of Ordinances of the City of Plainview, not in conflict herewith and not hereby amended shall remain in full force and effect. SECTION 6. 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 Ordinance Conve\ ing Propert\ to PHCEDC for Economic Development Page 2 of 3 352 or fail by any reasons of unconstitutionality of any other portion or provision. SECTION 7. 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 11th day of June, 2024. Passed and approved on second reading this 25th day of June, 2024. ��---- r ades St t,5, Mayor ATTEST: Belinda Hinojo , Ci Secretary APPROVED AS TO CONTENT: _ A Jeffrey Spy&-r )pity Manager APPROVED AS TO FORM: Slat& Elza, lCity\6ttorney 1 Ordinance ConveN ing Propertc to PHCEDC for Economic Development Page 3 of 3 I - 10' SPS Easement Vol 513, Pg I I 10' TV Emement Vol 586, Pg 373 I w Wit USA�ghw A od I� \ f 3 / v J / / o w � / Jo / am P � „asp e 5 r o' r y /ry HALE COUNTY, TEXAS BEING a 1 94 Acre tract out of that certain called 95 36 Acre tract, es described in Volume 510, Page 595, Deed Records of Hale County, Texas, located in Section 29, Block 1K2, Abstract 2180, G C & S F R.R. Co Survey, Hale County, Texas, and being further descnbed by metes and bounds as follows BEGINNING at a 1/2 Inch Iron Rod Found for the Northeast Comer of this tract to the South Right -of -Way line of West Highway 70, same being the Northwest Comer of the Wesmdge Addition, Unit No 7 Addition Re -plat, as recorded in County Clerk File No 2015001351, Official Public Records of Hale County, Texas, THENCE South 20°30' 18" West - 416 97 feet along the West Ime of said Westridge Addition, Unit No. 7 to a 1/2 Inch Iran Rod with Cap marked "CEC 10194378" Set for the Southeast Comer, from which a 1/2 Inch Iron Rod Found for the Southwest Comer of said W estndge Addition, Unit No 7 bears South 20°30' I8" West - 82 88 feet, THENCE North 69°2g' 11" West - 203 50 feet to a 1/2 Inch Iron Rod with Cap marked "CEC 10194379" Set for the Southwest Comer of this tract, THENCE North 20°30' I8" West - 417 10 feet to a 1/2 Inch Iron Rod with Cap marked "CEC 10194378" Set for the Northwest Comer of this tract, from which a 1/2 Inch Iron Rod Found for the Northeast Comer of the Wcstndge Addition, Unit No. 6 bears North 6902 8'11" West - 96.70 feet, THENCE South 69°28' 11" East - 203 50 feet along the South Righto&Way line of said West Highway 70 to the POINT OF BEGINNING and containing 194 Acres more or less Certificate I do here by certify to the City of Plainview that this plat is true and correct to the best of my knowledge, information and belief and in my professional opinion, that it was prepared from a survey made on the ground under my supervision on this the 27th day of June, 2024, that no visible above ground encroachments exist other than shown Property is located in Zone AE as according to the Flood Insurance Rate Map Panel 48189COI85D with an effective date 2/18/2011 and the Flood Insurance Rate Map Panel 48189COI95D with an effective date 2/18/2011 OF T qd, ustm W Cantwell, RPLS 6331 •*'•�•••• *• JUSTIN CANTWELL �. 6331YQ LEGEND 9N�sl lit ❑ — Set 1/2" Iron Rod With Cap — "C.E.C. 10194378" • — Found 1/2" Iron Rod ® — Water Meter O — Utility Pole C1 — Traffic Pole/Sign — Property Line — — — Lot Line — — — — Easement Line u — — Overhead Electrical/Utility Notes — — — Concrete —» — — Water Line • Survey Performed Without Tide Commitment . Bearings Based on GPS Observations, Texas State Plane Coordinate System, North Central Zone, NAD 83 Datum N W E S SCALE: 1" - 50' ss' so' too' `W V ' W