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HomeMy WebLinkAbout85-2609 ord ORDINANCE N0. 85-2609 AN ORDINANCE ESTABLISHING A REINVESTMENT ZONE FOR COMMER- CIAL-INDUSTRY TAX ABATEMENT; DESIGNATING A CERTAIN AREA AS A REINVESTMENT ZONE FOR PURPOSES OF PROPERTY TAX ABATEMENT WITHIN THE CITY. OF PLAINVIEW, TEXAS; PROVIDING FOR A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Plainview, Texas (the "City") desires to pramote the development of a certain contiguous geographic area within its jurisdiction in compliance with the Property .Redevelopment .and Abatement Act, Article 1066(f) (as amended), Vernon's Texas Civil Statutes; and WHEREAS, the hearing before the City Council was set for 7:30 o'clock P.M. on the 27th day of August, 1985, such date being at least seven (7) days after the date of publication of the notice of such public hearing; and WHEREAS., the City has called a public hearing and published notice of such public hearing as required by Section 5, Article 1066(f), Vernon's Texas Civil Statutes and has given written notice to all taxing units overlapping the territory inside the proposed reinvestment zone; and WHEREAS, upon such hearing being convened there was presented proper proof and evidence that notice of such hearing had been published and had been mailed as described above; and WHEREAS, the persons to appear reinvestment zone., or any part of the in Exhibit A attac reinvestment zone; City at such hearing invited all interested and contend for or against the creation of the the boundaries of the proposed area, whether all territory which is described by metes and bounds :hed hereto, should be included in such proposed and WHEREAS, all owners of property located within the proposed reinvestment zone and all other taxing units and other interested persons were given an opportunity at such public hearing to protest the establishment of the reinvestment zone; and WHEREAS, .evidence was offered at said public hearing, both oral and documentary, relating to property redevelopment and tax abatement far the area described in Exhibit A attached hereto; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW, TEXAS: (3) Building construction. within the City for the past eight (8) years has been depressed and the .ba- sic/service mix within the City is lower than the State average which is caused in part by the lack of diversification of ari industrial economic base. (4} The property redevelopment predominantly open space stimulation of the proposed remain stagnant and will arrest the sound growth of County, Texas area. tax abatement area is which without. the reinvestment zone will substantially impair or the City and the Hale (5) The establishment of the reinvestment zone will assist the City and its residents in securing the Wal-Mart distribution facility which .will signifi- cantly enhance the overall socio-economic stability of the City and the Hale County, Texas area. (6) The construction and operation of the Wal-Mart distribution. facility will provide partial diversi- fication of the industrial economic base, provide job opportunities for women and the young adult population of the- City, and serve as an economic stimulus to the City, .its residents and the Hale County, Texas area. SECTION 3: That the City hereby creates and establishes the reinvestment zone described by metes and bounds in Exhibit A attached hereto and declares that said reinvestment zone is eligi- ble for commercial-industrial tax abatement. SECTION 4: That if any section, paragraph, clause, or pro- vision of this ordinance shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, c:Lause, or provision shall not effect any of the remaining provisions of this ordinance. SECTION 5: That it is hereby found, determined and declared that a sufficient written notice of the date, hour, place, and subject of the meeting of the City Council at which this ordinance was adopted was posted at a place convenient and readily accessible at all times to the general public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Article 6252-17, Vernon's Texas Civil Statutes, as amended, and that this meeting has been open to the public as required by law at all times. during which this ordinance and the subject matter hereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves, and confirms such written notice and the contents and posting thereof. SECTION 6: That the contents of the notice of public hearing, which hearing was held before-the City Council on the 27th day of SECTION l: That the facts and recitations contained in the preamble of this ordinance are hereby found and declared to be true and correct. SECTION 2: The City, after conducting such public hearing and having heard such evidence and testimony has made the following findings and determinations based on the evidence and testimony presented to it: (a) That the public hearing on establishment of a reinvest- ment zone has been properly called, held and conducted and that notice of such hearing has been published as required by law and mailed to all taxing units overlap- ping the territory inside the proposed reinvestment zone; and (b) That the City has jurisdiction to hold and conduct this public hearing on the establishment of a reinvestment zone pursuant to Article 1066(f), Vernon's Texas Civil Statutes; and {c) That establishment of the proposed reinvestment zone within the boundaries described in Exhibit A attached hereto will result in benefits to the City, its residents and property owners and to the owners of the land within the designated reinvestment zone;. and {d) Tl~.at the land located within the reinvestment zone meets the criteria .set forth in Article 1066{f), Vernon's Texas Civil Statutes for the following reasons: (1) The economic base of the City of Plainview, Texas and the Hale County, Texas area is dependent upon agriculture production .and agricultural related services. Agriculture production and agricultural related services cannot supply all of the economic needs of the City and its residents. There is a need for diversification of industry within the City and the Hale County, Texas area. The depressed economic condition of the agricultural industry has resulted in a high unemployment rate for the Hale County, Texas area which is economically dependent on agricultural production and agricultural related services. (2} The lacfl~ of employment opportunities within the City and the Hale County, Texas area has resulted in a significant out migration of the young adult population to urban centers and there is a need to establish diversified industry in Hale County, Texas to offer better job opportunities for the young adult population of this area. _~ e.~ August, 1985, and the publication of said notice, is hereby rat- ified, approved, and confirmed. PASSED AND APPROVED _~~r~':. ~ ~ 1985. PAS ED AND APPROVED 1985. ON FIRST READING this ~ day of ON SECOND READING this ~ day of ~ E ®.d . V. Ridlehuber, Mayor ATTEST: pn.,' C'ty erk N ~ _ CHECK SHEE T FOR Z-4N'LNG CAS E S CASE No. 518 There must be compelling reasons for any zoning amendment which are substantially .related to the pubiicwelfare and necessity. It is not sufficient that an applicant for'an amendment to the Zoning Ordinance merely show 'that there is no neighborhood objection to: a request amendment; nor is it sufficient that an applicant show that the amendment would enable him to gain: a greater profit or income from his property. - Every zoning amendment should be analyzed with regard to the following: A. COMPREHENSIVENESS:' (1) Is'change contrary to established land use pattern?_/V,p (2) Would change create: an isolated. district unrelated to similar districts, - i.e., is. this ~rspct zoning"? ~--,;Z~ - (3) Would change alter the population density pattern and thereby increase the load on public facilities (schools, sewers, or streets?) (4) Are present districtboundariesillogically drawn in relation to exist- ing conditions? -- ~~~ B. CHANGED CONDITIONS: (1) Have the basic` and use conditions been changed? /~fJ (2) Fias development'of area been contrary .to existing regulations? ~h C. PUBLIC WELFARE ' (1) Will change adversely influence. living .conditions in the neighborhood? ~I~ (2) Will change create or excessively increase traffic congestion? /l1~ r _ (3) Will change seriously reduce the light and air to adjacent area? i~o (4) Will change adversely affect property values in adjacent area? 1f ~o (5) Will change be a deterrent to the improvement o; development of adjacent -urea? - ~~ (6) Will change constitute a grant of a special privilege to an individual as contrasted to the general- welfare? ~,~ bo REASONA$Lr.NESSc (1) Are there substantial reasons why the property cannot be used in accord :with existing zoning?_ ~f1© „ (2) Is the change requested aut,of scale with the needs of the neighborhood: or the City'? ~~ (3) Is it impossibleto find adequ~/ate sites for the proposed use in district permittingsu/ch, us ?__._.7,yy __ _ _ __ ~ __ -_ _, .~ A'ITACITI' - - EXE3I~IT A Below is a Lega>_ Descripton.describing the designated reinvestment zone, A tract of land in Section 35, Block JK-2, East of Interstate Highway No. 2T (I-H 27~ in Hale County, Texas, moreparticularly described as commencing at the `Southeastcorner of said Section 35, Block JK-2, Hale County, Texas and proceeding ~lorth 0 57' 40" West along the East line of said Section:35 a distance of 1,319.69. feet to the Southeast corner of the Plortl_H~Tf of-the Southeast Quarter of'said.Section 35, thence South 89 1' 23" West along the South line of said J~lorth Hal f a di stance ''Qf 50 feet to the Point of Beginning• Thence, ;forth 0~ 57' 40° tiJest parallel to the East line of said Section 35 a distance of 1,724:67 feet; Thence, South 8~° 2' 10" lest, along the South line of a 30-acre tract, a distance of 1.,972.70 t'eet to a point on the East Right-of- Way line of Interstate Highulay t~lo. 27; Thence, South 44b 2' 21°' Hest along said East Right-of-Way. line a distance of 270: I5 feet; Thence, Sough 38° S'_28" West along said East Right-of-41ay line a distance of 603.43 feet; Thence, Sou h 35° 52' 9" GJest along said East Right-of-t~Jay line a distance of 502.27 feet to the Plorth Right-of-tday line of the Burling- ton Northern Rai 1;road Cor~pany; Thence, South 46~ 28' I5" east along said North Right-of-Way line_a distance of 941.76 feet to a point on the South line of the North Half of the Southeast Quarter; Thence, North 89° 1' 23" East a-Tong the South line of the said North Half adistance of 2,176.72 feet to the Point of Beginning, and- . containincg 97.56 acres, more or less.