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2005R02- PLATTED RESIDENTIAL SUBDIVISIONS RESOLUTION NO. 05-R-02 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS SETTING PUBLIC HEARINGS ON THE PROPOSED IMPOSITION OF A MORATORIUM ON PROPERTY DEVELOPMENT IN A PLATTED RESIDENTIAL SUBDIVISION; APPROVING AND AUTHORIZING THE PUBLICATION OF NOTICES RELATING TO THESE MATTERS; AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City Council (the "Council") of the City of Schertz, Texas (the "City") hereby finds and determines 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~. of the Texas Local Government Code (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 has determined that it should call such hearings for such purpose; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: SECTION 1. Two public hearings on the proposed property development moratorium shall be and are hereby resolved to be held on March 1, 2005, during a meeting of the Council and on March 8, 2005, during a meeting of the Commission, each such meeting to be held at 7:00 p.m. at the City Hall, 1400 Schertz Parkway, Schertz, Texas 78154, and the City Secretary is hereby authorized and directed to cause notices of such public hearings, substantially in the fonns and content of Exhibit A attached hereto (the "Notices"), to be published in one or more newspapers having a general circulation in the City of Schertz, Texas, with such Notices to appear in such newspaper in advance of the dates of such public hearings as required by law. The Notices and public hearings will satisfY the provisions of Section 212.134 of the Code. The City Secretary is also authorized and directed to provide a copy of this resolution to the Chairman of the Commission for distribution to the members of the Commission. SECTION 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the Council. SECTION 3. All ordinances and 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 resolved herein. 20091950.2 SECTION 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. SECTION 5. If any provision of this Resolution or the application thereof to any person or circwnstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circwnstances shall nevertheless be valid, and the Council hereby declares that this Resolution would have been enacted without such invalid provision. SECTION 6. It is officially found, detennined, 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 Government Code. SECTION 7. This Resolution shall be in force and effect from and after its fmal passage, and it is so resoIved. [The remainder of this page intentionally left blank.} 20091950.2 2 PASSED AND ADOPTED, this 9th day of February, 2005. ATTEST: ~~e':)e.) Ciiy ecretary (CITY SEAL) 20091950.2 3 (