HomeMy WebLinkAbout16-3634 ordORDINANCE NO. 16-3634
AN ORDINANCE OF THE CITY OF PLAINVIEW AUTHORIZING THE
TRANSFER AND ACCEPTANCE OF OWNERSHIP FOR LOTS 30-32,
BLOCK 7, FRISCO ADDITION, AN ADDITION TO THE CITY OF
PLAINVIEW, HALE COUNTY, TEXAS TO THE CITY OF PLAINVIEW,
TEXAS, IN ACCORDANCE WITH SECTION 272.001(1) OF THE TEXAS
LOCAL GOVERNMENT CODE; AUTHORIZING THE MAYOR TO
EXECUTE ALL DOCUMENTS, IF ANY, NECESSARY TO TRANSFER
OWNERSHIP; AND DECLARING A PUBLIC PURPOSE;
CUMULATIVENSS CLAUSE; SEVERABILITY CLAUSE; CONFLICTS
CLAUSE; AND EFFECTIVE DATE .
WHEREAS, the City of Plainview is the trustee of certain real property for the
governmental entities, Hale County, Hale County Farm to Market, Plainview Independent
School District, and High Plains Water District, located within the boundaries of the
corporate city limits of the City of Plainview, Texas; and
WHEREAS, said real property is located at Lots 30-32, Block 7, Frisco Addition,
Plainview, Hale County, Texas, the same being 1117 Calle P. Martinez; and
WHEREAS, the taxing entities received this property as a result of insufficient bids
received at a previously conducted Sheriff sale pursuant to the order of sale by the District
Court of Hale County, Texas; and
WHEREAS, the Texas Local Government Code Ann., Section 272.001(1)
(Vernon's Supp. 2015) authorizes a political subdivision to donate real property to another
political subdivision as long as the property is donated for a public purpose benefiting the
public interest of that political subdivision receiving such donation of property, and the
right of possession reverts back to the governmental entities if the acquiring political
subdivision ceases to use the land for that public purpose; and
WHEREAS, Hale County, Hale County Farm to Market, Plainview Independent
School District, and High Plains Water District met with their governing authorities and
have indicated in writing their desire to donate said real property to the City of Plainview,
Texas in accordance with the Texas Local Government Code at Section 272.001(1); and
WHEREAS, the Plainview City Council finds such transfer and acceptance of this
property to the City of Plainview is in the best interest of their citizens as the location of
this property will serve a public purpose for the City to construct a basketball court for
their citizens' use in compliance with Texas Local Government Code at Section
272.001(1).
NOW, THEREFORE, The City of Plainview hereby ordains that:
Ord. No. 16-3634
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SECTION I
The Plainview City Council authorizes the transfer and acceptance of ownership
for Lots 30-32, Block 7, Frisco Addition, Plainview, Hale County, Texas, also known as
1117 Calle P. Martinez, for the public purpose of constructing a basketball court for the
citizens' use in compliance with Texas Local Government Code at Section 272.001(1).
SECTION 11
The City Council further finds that such transfer and acceptance of ownership to
said property will revert back to the political subdivisions donating such property if the City
ceases at any time to use such land for a public purpose in accordance with Texas Local
Government Code at Section 272.001(1).
SECTION III
The Mayor is hereby authorized to sign any legal documentation, if any, necessary
to convey said property described above to the City of Plainview, Texas.
SECTION IV
The public purpose is the construction of a basketball court at said property
location for the citizens of Plainview, Texas.
SECTION V
Provisions of this Ordinance are cumulative and nothing herein shall prevent, alter
or diminish the applicability or enforcement of other ordinances restricting, regulating or
governing the subject matter herein.
SECTION VI
Severability is intended throughout and within this Ordinance. If any provision,
including any section, paragraph, sentence, clause, phrase or word or the application
thereof to any person or circumstance is held invalid, unconstitutional, or unenforceable
by a court of law or administrative agency with jurisdiction over the matter, such action
shall not be construed to affect any other valid portion of this Ordinance. A constitutional
construction hereof is intended and shall be given. There is not intent herein to violate
either of the Texas Constitution or the Constitution of the United States.
SECTION VII
All ordinances or portions of any ordinance of the City of Plainview, Texas, in
conflict herewith, are hereby amended to conform with the provisions hereof.
Ord. No. 16-3634
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SECTION VIII
This Ordinance shall be in full force and effect upon its passage and publication as
required by law.
PASSED AND APPROVED on first reading this 14th day of June, 2016.
PASSED AND APPROVED on second reading this 28th day of June, 2016.
ATTEST:
Belinda Hinojosa, City Sec
ry—'
APPROVED AS TO CONTENT:
Jeffrey'Sny• er ,' ity Manager
APPROVED AS TO FORM:
Leslie Spear •
Ord. No. 16-3634
ch idt, Ci y Attorney
endell Dunlap, Mayor
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