1981S14- AMENDING ORDINANCE 81S2
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ORDINANCE NO. <6/ -s- / <I
AN ORDINANCE
BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS,
AMENDING ORDINANCE NO. 81-S-2 BY DELETING SECTIONS
H-l AND H-2 OF SECTION VII THAT PROVIDES FOR RECREA-
TION AREAS IN MOBILE HOME PARKS.
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:
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THAT Ordinance No. 81-S-2, the Mobile Home Ordinance, be
amended by deleting Sections H-l and H-2 of Section VII, and re-
numbering section H-3 to be reflected as H-l.
PASSED, APPROVED AND ADOPTED this the
19 <if!
/9 day of ~r:'}:I
ATTEST:
~L-u --L2h~L i}L<~
City Secretary, City of Schert~ C/
(SEAL OF CITY)