2005S10-MORATORIUMOrdinance
AN ORDINANCE ADOPTING A MORATORIUM ON PROPERTY
DEVELOPME~ IN A PLATTED SUBDIVISION, AND OTHER
MATTERS IN CONNECTION THEREWI~
WHEREAS, the City Council (the "Council") of the City of Schertz, Texas (the "City")
has previously found and determined that it should consider imposing a moratorium on property
development in the platted residential subdivision identified on a subdivision plat of the Live
Oak Hills Subdivision, as shown in Volume 2, Pages 146-147 of the Map Records in the office
of the County Clerk in Guadalupe County, Texas (the "Subdivision") as a result of inadequate
essential public facilities (including water, sewer, and storm drainage facilities and street
imProvements) serving the Subdivision, as permitted by 'and in accordance with Subchapter E,
Sections 212.131 et se_c..q, of the Texas Local Government Code, as amended (the "Code"); and
WHEREAS, Section 212.134 of the Code provides that, among other matters, before the
City may impose any such moratorium, the City and the City's Planning and Zoning
Commission (the "Commission") must conduct public heatings on the proposed moratorium; and
WHEREAS, the City Council 'called two. public heatings on the proposed property'
development moratorium to be held on the March 1, 2005, during a meeting of the Council, and
on the March 8, 2005, during a meeting of the Commission, each such meeting andhearing held
at 7:00 p.m. at the City Hall, 1400 Schertz Parkway, Schertz, Texas 78154; and
WHEREAS, the City caused notices of such public heatings to be published in the City's
official newspaper in advance of the dates of such public heatings as required by law; and
WHEREAS, the City Secretary also provided a copy of the Resolution calling the
hearings to the Chairman of the Commission for distribution to the members of the Commission;
and
WHEREAS, the Council has been presented with evidence demonstrating the extent of
need beyond the estimated capacity of existing essential public facilities serving the Subdivision
that is expected to result fi'om new property development in the Subdivision and evidence
demonstrating that the moratorium is reasonablY limited to the Subdivision, all as set forth on
Exhibit A to this Ordinance; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS:
SECTION 1. The Council hereby finds and determines, based upon the evidence set
forth on Exhibit A to this Ordinance, that there is a need beyond the estimated capacity of
essential public facilities serving the Subdivision expected to result from new property
development in the Subdivision and that the moratorium authorized herein is limited to the
Subdivision, which is the area with the shortage of essential public facilities.
SECTION 2. A moratorium on property development in the Subdivision is hereby
imposed as permitted by law 'for a period of 120 days following the effective date of this
Ordinance. The moratorium authorized by this Ordinance shall include but not be limited to a
20093050.2
moratorium on (i) the issuance by the City (or any of its boards or commissions) of any and all
permits and (ii) the filing with the City (or any of its boards or commissions) of any and all
documents, certificates, requests, or applications which may be required or permitted by the laws
of the City for any owner or other person to commence, undertake, or complete the development
or improvement of any tract of land within the Subdivision.
SECTION 3. All ordinances and resolutions, or parts thereof, which are in conflict or
inconsistent with any provision of this Ordinance are hereby repealed to the extent of such
conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters
ordained herein.
SECTION 4. It is officially found, determined, and declared that the meeting at which
this Ordinance is adopted was open to the public and public notice of the time, place, and subject
matter of the public business to be considered at such meeting, including this Ordinance, was
given, all as required by Chapter 551, as amended, Texas Government Code.
SECTION 5. This Ordinance shall be in full force and effect from and after its final
passage, and it is so ordained.
PASSED AND APPROVED on first reading the 9th day of March, 2005.
PASSED AND FINALLY APPROVED on second final reading the 15th day of
March, 2005.
l~ayor t
ATTEST:
City Secretary
20093050.2 2
EXHIBIT A
1. Extent of need beyond the estimated capacity of existing essential public facilities
serving the Subdivision that is expected to result from new property development in the
Subdivision: '
essential public facilities currently operating near, at, or beyond capacity:
No water or storm drainage facilities serve any of the platted lots in the
Subdivision, a very limited number of platted lots have potential access to
sewer facilities, and only one roadway constructed to required City
standards crosses the Subdivision. There are no known plans, public or
private, to construct any such facilities.
bo
portion of that capacity committed to the Subdivision:
Co
No water or storm drainage facilities serve any of the platted lots in the
Subdivision, a very limited number of platted lots have potential access to
sewer facilities, and only one roadway constructed to required City
standards, crosses the Subdivision. There are no known plans, public or
private, to construct any such facilities.
..
the impact fee revenue allocated to address the facility need: "
None
.
Moratorium is reasonably limited to'
a,
area of City where the shortage of essential public facilities would otherwise
OCC].~:
The shortage, with no expectation of correction, is limited to the Subdivision
which is the subject of the moratorium.
b,
property that has not been approved for development because of the insufficiency
or essential public facilities:
No permits for development have been requested or issued for any platted lot
in the Subdivision.
20093050.2 A-1
TH E STATE O F TEXAS,
County of Guadalupe
P UBLISH~R 'S A FFIDA VIT
Before me, the undersigned authority, on this date personally appea
Jamie Mobley, known to me, who, being by me duly sworn, on his o~
Deposes and says that he is the M~naging Editor of The Seguin Ga:
Enterprise a, a newspaper published in said county: that a copy of ti
Foregoing notice was published in said newspaper
time(s ) I:
Return day named therein, such publications being on the following
Arrda.,-"~e~paper copy of which is hereto attached.
S~rn, to and subscn6ed before me this
, A.D., 2005
Notary P , Guadalupe County, Texas
day of
red
~th
,_ette-
~e within and
efore the
dates'
ORDINANCE
AN ORDINAN~
ADOPTING A
TORIUM ON
'FY DEVELOPMENT
A PLATTED SUBDI
SION, AND OTH
MATTERS IN
NECTION THI
WITH.
Approved on first re~
ing the 9th day
Mamh 2005.
City Secretary,
Althouse.
PUBLISHER'S AFFIDA V'IT
THE STATE OF TEXAS,
County of Guadalupe
Before me, the undersigned authority, on this date personally appeared
Tommy Crow, known to me, who, being by me duly sworn, on his oath deposes
and says that he is the Publisher of The Seguin Gazette-Enterprise, a
newspaper published in said county: that a copy of the within and foregoing
notice was published in said newspaper / time(s) before the retum day
named therein, such publications being on the following dates:
AN ORDINANCE
ADOPTING A MORA:
TORIUM ON PROPER-
'fY DEVELOPMENT IN
A PLATTED SUBDIVI-
SION, AND OTHER
MA'iTERS IN CON-
NECTION THERE-
And a newspaper copy of which is hereto attached.
Swom to and subscribed before me this .~-~,~
day of
WITH.
PASSED, ,APPROVED
AND ADOPTED the
15th day of March 2005
C~y e,~m~t~ry,
Norma Althouse
C~)'~)~ , A.D., 2005
Notary Public, Guadalupe County, Texas
PUBLISHER'S AFFIDA giT
THE STATE OF TEXAS,
County of Guadalupe
Before me, the undersigned authority, on this date personally appeared
Tommy Crow, known to me, who, being by me duly sworn, on his oath deposes
and says that he is the Publisher of The Seguin Gazette-Enterprise, a
newspaper published in said county: that a copy of the within and foregoing
notice was published in said newspaper
named therein, such publications being on the following dates:
[ time(s) before the retum day
r ORDINANCE I.~
NO, 05-S-10 t~
AN ORDINANCE
ADOPTING A MORAl
TORIUM ON PROPER-
TY DEVELOPMENT IN
A PLATTED SUBDIVI-
SION, AND OTHER
MATTERS IN CON-
NECTION THERE-
And a newspaper copy of which is hereto attached.
Sworn to and subscribed before me this ,...-~,:.~
day of
WITH.
PASSED, ~,PPROVED
AND ADOPTED the
lSth day of March 2005
Ck'y Secn~ry,
Norrn~ Althouse
c~")~)~ , A.D., 2005
Notary Public, Guadalupe County, Texas