2004R02- PROPOSED IMPOSITION OF A MORATORIUM
RESOLUTION NO. t7.tj-;(- tleZ
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 AUTIIORIZING THE
PUBLICATION OF NOTICES RELATING TO THESE MATTERS; AND
OTHER MATTERS IN CONNECTION THEREWITII
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 seq. 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 the 6th day of April, 2004, during a meeting of the
Council and on the 13th day of April, 2004, 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 forms 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.
Dev Moratoriwn Res,doc
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.
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 circumstance shall be held to be invalid, the remainder of this Resolution and the application
of such provision to other persons and circumstances 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, 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 Government Code.
SECTION 7. This Resolution shall be in force and effect from and after its final
passage, and it is so resolved.
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Dev Moratorium Res.doc
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PASSED AND ADOPTED, this 31st day of March, 2004.
CITY.O.::. F SCC7HE. TZ, TEXAS
~~~
Mayor
ATTEST:
~ ~t'-/ tl.1::r~c'.J..k:>~
City Secretary
(CITY SEAL)
Dev Moratorium ReS.doc
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EXHmIT A
FORM OF NOTICE OF CITY COUNCIL HEARING
NOTICE OF PUBLIC HEARING REGARDING A PROPOSED
DEVELOPMENT MORATORIUM BY THE CITY OF SCHERTZ
NOTICE IS HEREBY GIVEN that the City of Schertz will consider the imposition of a
moratorium on property development in the platted residential subdivision identified on a
subdivision plat ofthe 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. A public hearing on the proposed
moratorium will be held by the Schertz City Council during a meeting of the City Council to be
held at 7:00 p.m. on April 6, 2004 at the Schertz City Hall, 1400 Schertz Parkway, Schertz,
Texas 78154.
Is! Norma Althouse
City Secretary
City of Schertz, Texas
FORM OF NOTICE OF PLANNING AND ZONING COMMISSION HEARING
NOTICE OF PUBLIC HEARING REGARDING A PROPOSED
DEVELOPMENT MORATORIUM BY THE CITY OF SCHERTZ
NOTICE IS HEREBY GIVEN that the City of Schertz will consider the imposition of 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. A public hearing on the proposed
moratorium will be held by the Schertz Planning and Zoning Commission during a meeting of
the Commission to be held at 7:00 p.m. on April 13, 2004 at the Schertz City Hall, 1400 Schertz
Parkway, Schertz, Texas 78154.
Isl Norma Althouse
City Secretary
City of Schertz, Texas
Dev Moratorium Res.doc
A-I
DEVELOPMENT MORATORIUM
Action Date Completed
City Attorney delivers to City Manager draft resolution calling 3-24 3
two public hearings to consider a development moratorium
City Secretary posts notice of consideration by City Council of 3-25 3
resolution calling two public hearings to consider a
development moratorium
City Attorney sends notice of first public hearing to Seguin- 3-30
Gazette for publication on 4-2
City Council approves resolution calling two public hearings 3-31
to consider a development moratorium
Seguin-Gazette publishes notice of first public hearing 4-2
City Secretary posts notice of first public hearing by City 4-2
Council
City Attorney delivers to City Manager draft ordinance 4-5
imposing a development moratorium
City Attorney sends notice of second public hearing to Seguin- 4-6
Gazette for publication on 4-9
First public hearing held by City Council 4-6
Seguin-Gazette publishes notice of second public hearing 4-9
City Secretary posts notice of second public hearing by P&Z 4-9
City Secretary posts notice of consideration by City Council of 4-9
ordinance imposing a development moratorium and first
reading of moratorium ordinance
Temporary development moratorium takes effect 4-9
Second public hearing held by P&Z 4-13
City Council determines to impose development moratorium 4-14
and approves first reading of moratorium ordinance
City Secretary posts notice of consideration by City Council of 4-16
second and final reading of moratorium ordinance
City Council approves second and final reading of moratorium 4-20
ordinance; moratorium takes effect for 120 days
Dev Moratorium Timetable.doc