HomeMy WebLinkAboutR12-276RESOLUTION NO. R12 -276
A RESOLUTION SETTING A DATE, TIME, AND PLACE FOR
PUBLIC HEARINGS ON THE PROPOSED ANNEXATION OF
CERTAIN PROPERTY BY THE CITY OF PLAINVIEW, TEXAS;
AUTHORIZING THE MAYOR TO HAVE AFFECTED PERSONS
NOTIFIED AND PUBLISH NOTICE OF SUCH PUBLIC HEARINGS
IN THE CITY OF PLAINVIEW, HALE COUNTY, TEXAS; AND
DIRECTING STAFF TO INVENTORY CITY SERVICES EXTENDED
TO SUCH PROPERTY IN A PRELIMINARY MUNICIPAL SERVICE
PLAN AND PROVIDE AN UPDATED MAP.
WHEREAS, Zeini Group, L.L.C. petitioned the City of Plainview, Hale County,
Texas to annex their property, being located at 5205 North Interstate 27, Plainview,
Texas; and
WHEREAS, Zeini Group, L.L.C. is the landlord of their sister company Andalucia
Nuts, which currently occupies the facility at this time; and
WHEREAS, Andalucia Nuts is a processor of tree nuts and peanuts and is in the
process of opening a peanut processing division on said property; and
WHEREAS, as a new business operating just outside the city limits, such peanut
processor division needs municipal water, since water from a municipal source is
preferred in a food manufacturing facility; and
WHEREAS, the City Council authorizes the Mayor to have notice of such
proposed annexation published, including the time and place of two public hearings
required in accordance with the Texas .Local Government Code, Section 43.0561
(Vernon's 2008); and
WHEREAS, the Mayor is further authorized to have all affected persons in the
proposed annexation area notified and such notice be posted on the City's Internet
website; and
WHEREAS, in response to such petition and request, the City Council directs staff
to develop a preliminary municipal service plan indicating how municipal services will be
allocated to such annexed property as well as any additional cost for such services to be
available at scheduled public hearings; and
WHEREAS, the City Council further directs that an updated map be prepared
indicating all property owners within the proposed annexation area to be available at
scheduled public hearings.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PLAINVIEW, TEXAS THAT:
31
32
SECTION I
The Plainview City Council will hold two public hearings in accordance with Texas
Local Government Code, Section 43.0561 (Vernon's 2008) as follows:
Tuesday, November 27, 2012 at 7:00 p.m. in the Council Chambers at Plainview
City Hall
Tuesday, December 11, 2012 at 7:00 p.m. in the Council Chambers at Plainview
City Hall
All interested persons will have the right to appear and be heard on the proposed
annexation by the City of Plainview, Texas on the property described as 54.77 Acres out
of the N.W. part of N.E. '/a Survey No. 37, Block JK -2, Hale County, Texas, which is
located at 5205 North Interstate 27.
SECTION II
Additionally, in accordance with Texas Local Government Code, Section 43.062
(Vernon's 2008), notice by certified mail shall be sent to all property owners, public and /or
private entities that provide services in the proposed annexed area, and each railroad
company that serves the City of Plainview and is on the municipality's tax rolls, if the
company's right -of -way is within the proposed area. Moreover, the Plainview
Independent School District shall be notified by certified mail in accordance with Texas
Local Government Code, Section 43.905. Such public notice can also be viewed on the
City of Plainview's website in accordance with Texas Local Government Code, Section
43.063(c) (Vernon's 2008).
SECTION III
As a result of such statutory requirements, the Plainview City Council hereby
authorizes the Mayor to cause notice to be sent to all affected persons in the proposed
annexed area as well as notice of such public hearings to be posted on the municipality's
Internet website and publish such hearings in a newspaper having general circulation in
the city and in the above - described territory not more than twenty days nor Tess than ten
days prior to the public hearing dates in accordance with Texas Local Government Code,
Chapter 43, Municipal Annexation (Vernon's 2008).
SECTION IV
Furthermore, the City Council directs that a Preliminary Municipal Service Plan be
developed to inventory the extension of full municipal services to the proposed annexed
area. Such inventory should state how full municipal services will be provided in
accordance with Texas Local Government Code, Chapter 43, Municipal Annexation
(Vernon's 2008), and any additional costs the City will bear as a result of such extension.
In accordance with Chapter 43, the City of Plainview, Texas shall provide the annexed
property the same services as those property owners within the corporate city limits. This
Preliminary Municipal Service Plan shall be available at the two scheduled public
hearings.
SECTION V
Finally, because the petitioner for annexation is the only property owner, operating
a commercial business, in the proposed annexation area, the Federal Voting Rights Act
of 1965, codifying the Fifteenth Amendment's permanent guarantee that no person shall
be denied the right to vote on account of race or color, will not be violated. However, the
City Council directs that an updated map should be prepared indicating all property
owners within the proposed annexation area to be available at the two scheduled public
hearings; Because the only property owner in this proposed annexed area operates a
business, such information will show that population changes or shifts will not occur.
SECTION VI
This Resolution's public purpose is to encourage economic development in the
City and Hale County, Texas to benefit the citizens of Plainview as a whole.
PASSED AND APPROVED this 23 day of October, 2012.
ATT)ziST:
Belinda Hinojosa, City Secr
APPROVE -A TO ONJEN
am, City ► ager
APPROVED AS TO FORM:
eslie Spear Pearc-, City Attorney
Wendell Dunlap, Mayor
33