2005R05- PROPERTY DEVELOPMENT
Resolution No. 05- I< - 05
A RESOLUTION REGARDING A TEMPORARY MORATORIUM ON
PROPERTY DEVELOPMENT IN A PLATTED SUBDIVISION, AND
OTHER MATTERS IN CONNECTION THEREWITH
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 gm. 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 hearings on the proposed moratorium; and
WHEREAS, the City Council called two public hearings on the proposed property
development moratorium to be held on March I, 2005, during a meeting of the Council, and on
March 8, 2005, during a meeting of the Commission, each such meeting and hearing 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 hearings to be published in the City's
official newspaper on February 25, 2005 and March 4, 2005, respectively, as required by law;
and
WHEREAS, pursuant to Section 212.134(c) of the Code, beginning on March 4, 2005,
the fifth business day after the first notice of public hearing was published, a temporary
development moratorium took effect; NOW, TIIEREFORE,
BE IT RESOLVED BY TIIE CITY COUNCIL OF TIIE CITY OF SCHERTZ, TEXAS:
SECTION 1. Pursuant to Section 212. 134(c) of the Code, a temporary moratorium on
property development in the Subdivision became effective on March 4, 2005, for the period set
forth in Section 212. 134(f) of the Code. The temporary moratorium shall include but not be
limited to a 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 2. All resolutions, or parts thereof, which are in conflict or inconsistent with
any provision of this Resolution are hereby repealed to the extent of such conflict, and the
provisions of this Resolution shall be and remain controlling as to the matters ordained herein.
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SECTION 3. It is officially found, determined, and declared that the meeting at which
this Resolution 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 Resolution, was
given, all as required by Chapter 551, as amended, Texas Govermnent Code.
SECTION 4. This Resolution shall be in full force and effect from and after its final
passage, and it is so ordained.
PASSED AND APPROV'" 00" "day ~~
Mayor
ATTEST: /) /7 / /
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City Secretary
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