1981S15- AMENDING ORDINANCE 80S13
I
ORDINANCE NO. G'/-5 -Ii>
AN ORDINANCE
BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS,
AMENDING ORDINANCE NO. 80-S-13 BY DELETING SECTIONS
24.1 AND 24.2 THAT PROVIDES FOR PUBLIC SITES AND
OPEN SPACES.
WHEREAS, a ruling by the Texas Supreme Court prevents cities
from requiring developers to set aside a portion of their subdivisions
in order to obtain local plat approval; and
WHEREAS, the 14th Court of Civil Appeals held, and the Supreme
Court agreed, that cities' requirements are illegal because it violates
Article 1, Section 17 of the Texas Constitution, which prohibits the
taking of private land without compensation; NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS,
I
THAT Ordinance No. 80-S-13, the Subdivision Ordinance, be
amended by deleting Sections 24.1 and 24.2 under Article III, and
renumbering Section 24.3 to be reflected as Section 24.1.
PASSED, APPROVED AND ADOPTED this the
)q9/
/ 'I day of 4rlA1
ATTEST:
rexas
u::l&~ _ L2,~,g~ {)~~
City Secretary, City of Schertz)'
(SEAL OF CITY)
23.3
23.4
23.5
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24.1
Section 24
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Orientation.
Residential lots shall be oriented to take advantage of
topography, and the best relationship to the overall
design of the neighborhood and to minimize the effects
of any surrounding depreciating land uses.
a. The placing of residential lots facing directly
upon a major street shall be avoided, unless lots face
a marginal access street parallel to such major street.
Lots should side or back to major streets and other
depreciating land uses.
b. The placing of lots at right angles to each other
(with rear and side lots adjacent) shall be avoided.
c. Side lot lines shall be as nearly perpendicular as
practicable to the street the lot faces, or radial to
curved street
Access.
Every lot shall be provided with adequate access to a
public street, either by direct frontage on such street,
or by a public pedestrian accessory approved by the
Planning Commission. Rear and/or side driveway access
to major streets shall be prohibited.
Building Lines.
Minimum front and side building setback lines at streets
and crosswalks shall be shown on all plats and shall
conform to the restrictions, if any, imposed on the
subdivision by the subdivider, but in no event shall sucl
setback lines be less than required by the Zoning
Ordinance. The front lot setback shall be measured from
the point where the public right of way ends to the
front face to the building, covered porch, covered
terrace or attached accessory building.
Public Sites and Open Spaces.
Conformance with the General Plan.
Where a proposed park, school, playground, or other publ'
facility as shown in the General Plan or official neighbl
hood plan is located in whole or in part in a subdivisiol
the subdivider shall dedicate such land to public use,
or agree to dedicate it when the City can accept the
dedication. If it is determined that an alternative in
the immediate area of the open space shown on the General
Plan will adequately service the area, or if there are nl
plans or needs for parks, schoo1s, or open space in the
proposed subdivison, the subdivider shall, as an alter-
native to dedication, give to a Park Fund established to
maintain and equip the parks, an amount equal to 5~ of
20
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24.2
24.3
Section 25
ARTICLE IV
Section 26
26.1
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the market value of the land in the proposed subdivisior
In this manner, all subdividers will help provide servic
to the residents of their subdivision and of the City.
Other Public Land.
Where deemed essential by the Planning Commission, upon
consideration of the particualr type of development
proposed in the subdivision, especially where there are
no facilities in the area or in large scale subdivision!
not shown in the General Plan, the City Planning
Commission may require the dedication, or a payment in
lieu of dedication, of up to 5% of the land or the
market value of it for use of the land in developing pal
schools, playgrounds, or other neighborhood public
services.
for Park Land.
All park land must have easy access to a public street.
Land in a flood plain is acceptable as park land.
Protection of Natural Features.
The Planning Commission may decline approval if due
regard is not shown for the preservation of natural
features such as large trees, water courses, scenic
points, historical spots and similar community assets,
which if preserved, will add attractiveness, stability,
and value to the property.
REQUIRED IMPROVEMENTS
Compliance.
Construction Plans.
Three (3) complete sets of construction plans, specific
tions and contracts including performance, payment and
maintenance bonds covering said construction, in the fo
plans, or other satisfactorily written descriptions sha
be filed with the City Secretary upon filing of final p
These shall show such features as roadways, crosssectio
and longitudinal slope for drainage, full description 0
proposed pavement or street improvement, its grade and
slope, dimensions and specificationsconcerni~ public
utilities to be installed showing proposed position on
the ground, specifications of materials and constructio
and profile maps of all sanitary and storm sewers showi
both ground surface and flow line, and other pertinent
information of similar nature.
21
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b) The park owner shall provide standard City of Schertz
hydrants located within five hundred (500) feet of all
mobile home spaces, measured along the driveways or
streets. Fire hydrants will be subject to periodic
inspection by the City Fire Department. It shall be
the responsibility of the park licensee to immediately
notify the City of Schertz Fire Department of any fire
hydrants in need of repair.
6) The mobile home park licensee or agent shall provide an
adequate system of collection and safe disposal of rubbish,
approved by the Fire Chief and the City Health Officer.
7) The mobile home park licensee or agent shall be responsible
for maintaining the entire area of the park free of dry
brush, leaves and weeds.
8) Every park shall be equipped at all times with one fire
extinguisher in good working order and currently charged,
for every ten (10) mobile home spaces and shall be located
not further than two hundred (200) feet from each mobile
home space. No open fires shall be permitted at any
place which would endanger life or property.
Portable Water Supply
1) An accessible, adequate, safe and portable supply of
water shall be provided in each mobile home park.
Connection shall be made to the public supply of water.
If a private system is utilized for service to the park,
the private supply shall be adequate for domestic requirements
and for fire fighting requirements established by the City.
2) Water Distribution System
a) The water system of the mobile home park shall be
connected by pipes to all mobile homes, buildings, and
other facilities requiring water.
b) All water piping, fixtures, and other equipment shall
be constructed and maintained in accordance with State
and city regulations and requirements.
3) Individual water riser pipes and connection~ shall be in
accordance with requirements of the applicable provisions of
the Schertz Plumbing Code.
Recreation Area
1) In all mobile home parks accommodating or designed to
accommodate twenty or more mobile homes, there shall be
at least one (1) recreation area which shall be easily
accessible to all park residents.
2) Size of Recreation Area
Not less than five (5%) per cent of the fross site area
of the Mobile Home Park shall be devoted to recreational
facilities, generally provided in a central location. In
large parks, this may be decentralized.
Recreation areas include space for community buildings and
community use facilities such as adult recreation and child
play areas, swimming pools, and drying yards, but not
including vehicle parking areas.
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The effective Interest rate .
any MAB-flnanced mortgage II
IImlled to a maximum of one
percent above the yield to pur-
chasers of the securities.
Also, the Act establishes a
series of complicated restrictions
on arbitrage-I.e., procedures
under which "profits" are earned
.. '
intcrcr..t-lH,:af mg iJ':.L-OUflt~ LIl.;\I,H,:l;n
the time the bonds are sold and the
time mortgages are made.
Registration RequIrement
Every MRB Issued alter Jan-
uary 1, 1982 must be registered,
which means that the names of
buyers of the bonds must be
publicly disclosed. Currently, no
()l l':;il..; ,;IL l( ~lJ!!lJ lu (.t:.;
~red.
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Further Delalll
Copies ot the Revenue Adjust-
ments Act 01 1980 are available
without charge Irom the TML office
in Auslln. Any city contemplating
Issuing MRBs Is encouraged to
obtain any study this document. 0
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SlU~:mjnvnSHQ)~l t~a1rt(
t~6OJUU rerrne&l~S VQluojel1
A ruling by the Texas Suprems
Court will prevent cIties from
requIring developers to set aside a
porllon of their subdivisions In
order to obtain local plat approval.
The decision casts a legal
cloud over the ordinances of more
than 30 Texas cities which required
subdivision parkland dedications.
The suit, Berg Development
Co. v. Missouri City, was brought
by a developer who challenged the
constitutionality of a municipal
ordinance requiring developers to
dedicate one-half acre of parkland
for each 150 persons expected to
reside In s new subdivision tract.
At the city's option, a developer
could be required, In lieu of such
dedication, to make a cash payment
equal to the market value of land
that otherwise would be dedicated.
According to developer Berg,
the parkland requirement amounted
to an unconstltullonal taking of
private property without compensa-
tion. He also contended that the
city's ordinance violated a state law
prescribing the methods-not In-
cluding parkland dedications-by
which s city could acquire land for
parks and recreation.
The city contended that park-
land dedication standards had
ample legal precedence, and that
such requirements had In fact been
declared conslltutional by the high
courts of numerous other states.
Moreover, the city asserted, park-
land requirements were covered
under Artlcie 974a, V.T.C.S., which
authorizes municipal governments
to regulate 'Subdivision develop-
ment In order to promote the public
health, safety and welfare.
Janu.ll'l'. 1111
Buth the 14th Court of Civil
Appeats held, and the Supreme
Court agreed, that Missouri City's
parkland requirement was Illegal
because It violated Article I Section
17 of the Texas Constltulion, which
prohibits the laking of private land
without compensation.
"It Is beyond queslion that the
ordinance involves a 'taking' and
therefore cannot be accomplished
without compensation to the prop-
erly owner," the court said. "Con-
sequenty, we hold that the ordi-
nance Is void, being violative of
appellant's constitutional rights
[under the Texas Constitution)."
The city's "cash In lieu of
tand" requirement was of speelsl
concern to the court. "To permit
municipalllies and other govern-
mental entities further to ex lend
their encroachment over private
property rights In this way under
the guise of promoting the public's
safety, health and general welfare,
makes a mockery of the spirit as
well as the letter of our Conslltu-
tion," the court said.
The court also held that ths
city's ordinance violated Artlcls
6081e, V.T.C.S., which authorizes
municipal government to acquire
land for recreational purposes by
means of "gift, dlvlse, or purchase
or by condemnation proceedings."
According to the court, this statute
expressed the position of the State
legislature that appropriation II
not a proper means of acquisition.
The court said a city could
require the dedication of water
malns and sewers. as well 8S
property for streets and alleys, bul
It could not do so for recreationsl
purposes. "The former bears a
substantial relation to the s.rety
and health of the community, .,hils
the latler does not," the court said.
Copies of the Berg ruling are
available without charge from the
TML office In Austin. 0
SYMBOL
01
SUCCESS
for Texaa
EOUALlZATION
PROGRAMS
Troined specialists for aU
types 01 properties. . .
and now
complete data processing
services. . . computer
assisted appraisal.
Southwestern Appraisal Co.
510 W. 15th Austin, Texa.
512 477.3187
",_'01
f'i"l1iIQ
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Line
No. City
7 Corpus Christi
8 Lubbock
29 McAllen
33 Temple
36 Bryan
38 College Station
41 Carroll ton
42 Sherman
43 Big Spring
45 Farmers Branch
54 San Marcos
69 Weslaco
71 Huntsville
73
Bedford
EXHIBIT XVI
farkland Dedicati~n Requirements
Policy
For tracts exceeding 20 acres: dedication of 5~ of
tract area is required. For tracts of 10 to 20 acres,
cash in lieu of land is required if the proposed park
site is located within 1/2 mile of an existing park.
For tracts of less than 20 acres: no dedication re-
quired.
Parkland dedication is required: amount varies with
the nature of the particular tract.
Developer is required to donate $150 for every single-
family residential acre and $350 for every multi-
family, commercial or industrial acre to city's park
development fund. Land dedication acceptable if usable
for a park site.
Parkland dedication is required with respect to sub-
division of 5 acres or more. 5~ of gross area required.
Parkland dedication required in accordance with the
city's comprehensive plan.
Parkland dedication is required; cash (to be used only
for park purposes) is acc~pted in lieu of land.
Parkland dedication is required; amount is scaled
according to location and population of tract.
Parkland dedication required in accordance with the
city's comprehensive plan, but city reimburses the
developer for the full value of such land.
Parkland dedication is required; amount required is
negotiated.
Flood plain land must be dedicated for open space.
For tracts of more than 20 acres, only, 5~ of the
tract must be dedicated. Cash (which must be used
for park purposes) is accepted in lieu of land.
Developer is required to donate to the city's park
development fund $150 for every industrial acre and
$350 for every commercial acre.
Developer is required to dedicate 0.0066 acres for
every person expected to reside in the subdivision.
A parkland fee (proceeds of which must be used for
park purposes) is collected @ $155 for each residence
and $20 for each apartment building st the time tap
fees are paid.
A-137
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No. City
81 Terrell
85
Beevi lIe
Policy
For tracts of 30 or more acres, dedication of 6% of
the tract is required. City reimburses developer
507. of the cost of streets, water and sewer improve-
ments adjacent to such park areas.
Dedication of 57. of the total tract is required; cash
in lieu (to be used for park purposes) is to be
required soon.
Planning commission may require the dedication of up
to 57. of the tract.
84
Lancaster
89
Mission
Dedication of 57. of the total tract is required; cash
(to be used for park purposes) is accepted in lieu of
land.
One acre must be dedicated for each 200 dwelling units.
Cash (which must be used for park purposes) is accepted
in lieu of land.
Dedication of 57. of the total tract is required; cash
(to be used for park purposes) is accepted in lieu of
land.
Dedication is required; cash (to be used for park
purposes) is accepted in lieu of land.
Parkland dedication is required; amount required is
negotiated.
parkland dedication is required; amount required is
negotiated.
One acre per 50 dwellings is required to be dedicated
for parkland; subdivision tracts of less than 4 acres
are exempt from the requirement. Cash (not necessarily
used for park purposes) is accepted in lieu of land at
the discretion of the planning commission or homeowners
association.
Parkland dedication is required; amount is scaled ac-
cording to the size of the tract and other factors.
Cash is not accepted in lieu of land.
For tracts of 10 or more acres, dedication of 57. of
the tract is required; no dedication is required in
tracts of less than 10 acres. Cash (to be used for
park purposes) is accepted in lieu of land in case of
tracts of 10 or more acres.
Parkland dedication required in accordance with'the
city's comprehensive plan.
Dedication of 57. of the total tract is required; cash
(to be used for park purposes) is accepted in lieu of
land.
Dedication of 57. of the total trsct is required; cash
(to be used for park purposes) is accepted in lieu ~f
land.
87
Lake Jackson
91 Deer Park
92 Pecos
103 Burleson
118 Taylor
126 Bridge City
130 Perry ton
134 Portland
137 Littlefield
138 Woodway
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141 Schertz:
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No. Ci tv
142 Lockhart
144
146
150
152
161
163
183
191
..---
Sinton
policv
Dedication is required at the option of the planning
commission.
Dedication of parkland per requirements of the plan-
ning commission; city participates in the cost of
such dedication.
Parkland dedication is required; amount required is
negotiated.
For tracts of 20 acres or more, dedication of 51. of
the tract is required.
Dedication of parkland in conformance with the city's
comprehensive plan may be required.
Parkland dedication is required; amount required is
negotiated.
Dedication of 81. of the total tract is required; cash
(to be used for park purposes) is'accepted in lieu of
land.
Dedication of 31. of the total tract is required; cash
(to be used for park purposes) is accepted in lieu of
land. .
Dedication of parkland in conformance with the city's
comprehensive plan is required.
Dedication of 51. of the total tract is required; cash
(to be used for park purposes) is accepted in lieu of
land.
Dedication of 1/3 acre for each lot in the tract is
required in addition to 11. of the tract or $40/1ot
plus $lO/acre or a combination of land and cash.
}lans field
Aransas pass
Cleveland
Kirby
Round Rock
Frisco
Burnet
226
Kyle
247
willow Park
A-139