2004S14-MORATORIUMOrdinance No. (Q qZ-- ~'5 --/~
AN ORDINANCE ADOPTING A 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 seq. 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 heatings on the proposed property
development moratorium 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 and heating 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 in advance of the dates of such public heatings as required by law; and
WHEREAS, the City' Secretary also provided a copy of the Resolution calling the
heatings to the Chairman of the Commission for distribution to the members of the Commission;
and
WHEREAS, the Council has been presented with evidence demonstrating the extent of
need beyond the estimated capacity of existing essential public facilities serving the Subdivision
that is expected to result from new property development in the Subdivision and evidence
demonstrating that the moratorium is reasonably limited to the Subdivision, all as set forth on
Exhibit A to this Ordinance; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS:
SECTION 1. The Council hereby finds and determines, based upon the evidence set
forth on Exhibit A to this Ordinance, that there is a need beyond the estimated capacity of
essential public facilities serving the Subdivision expected to result fi'om new property
development in the Subdivision and that the moratorium authorized herein is limited to the
Subdivision, which is the area with the shortage of essential public facilities.
SECTION 2. A moratorium on property development in the Subdivision is hereby
imposed as permitted by law for a period of 120 days following the effective date of this
Moratorium Ordn. doe
Ordinance. The moratorium authorized by this Ordinance 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 3. All ordinances and resolutions, or parts thereof, which are in conflict or
inconsistent with any provision of this Ordinance are hereby repealed to the extent of such
conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters
ordained herein.
SECTION 4. It is officially found, determined, and declared that the meeting at which
this Ordinance 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 Ordinance, was
given, all as required by Chapter 551, as mended, Texas Government Code.
SECTION 5. This Ordinance shall be in full force and effect from and after its final
passage, and it is so ordained.
PASSED AND APPROVED on first reading the/t~ay of April, 2004.
PASSED AND FINALLY APPROVED the o~.~.6~day of
April, 2004.
Mayor
ATTEST:
Moratorium Ordn.doc 2
EXHIBIT A
1. Extent of need beyond the estimated capacity of existing essential public facilities
serving the Subdivision that is expected to result from new property development in the
Subdivision:
ae
essential public facilities currently operating near, at, or beyond capacitY:
be
No water or storm drainage facilities serve any of the platted lots in the
Subdivision, a very limited number of platted lots have potential access to
sewer facilities, and only one roadway constructed to required City
standards crosses the Subdivision. There are no known plans, public or
private, to construct any such facilities.
portion of that capacity committed to the Subdivision:
No water or storm drainage facilities serve any of th~ platted lots in the
Subdivision, a very limited number of platted lots have potential access to
sewer facilities, and only one roadway constructed to required City
standards crosses the Subdivision. There are no known plans, public or
private, to construct any such facilities.
the impact fee revenue allocated to address the facility need:
None
e
Moratorium is reasonably limited to:
ao
area of City where the shortage of essential public facilities would otherwise
occurl
b.
The shortage, with no expectation of correction, is limited to the Subdivision
which is the subject of the moratorium.
property that has not been approved for development because of the insufficiency
or essential public facilities:
No permits for development have been requested or issued for any platted lot
in the Subdivision.
Moratorium Ordn.doc A- 1
:rill= STATE OF TEXAS,
PUBLISHER'S AFFIDAVIT
County of Guadalupe
Before me, the undersigned authority, on this date personally appeared
_Tommy Ct'ow , , known to me, who, being by me duly sworn, on
his oath deposes and says that he is the Publisher of The Seguin Gazette-Enterprise, a
newspaper published in said county; that a copy of the within and foregoing notice was
published in said newspaper / time(s) before the return day named therein, 'such
publications being on the following dates'
and a newspaper copy of which is hereto attached.
Sworn t cribed before me this
. , A.D., 2004.
.~ '~" day of
Notary Public, Guadalupe County, Texas
THE STATE OF TEXAS,
County of Guadalupe
PUBLISHER'S AFFIDAVIT
Before me, the undersigned authority, on this date personally appeared
/z'ommy cra,,,- ,, , known to me, who, being by me duly sworn, cn
..
his oath deposes and says that he is the Publisher of The Seguin Gaze~e-Enterprfse, a
newspaper published in said county; that a copy af the within and foregoing not[ce was
published in said newspaper· / _ time(s) before the return day named'the.~.n,,~; such
..
·
publications being an the fallowing dates:
and a newspaper'copy of which is hereto at~ached.
----- NECTION
WITH.
TORIUM ONPROPER-
;I'Y 'DEVELOPMENT IN
A PLATrED SUBDIVI-
SI(~., AND OTHER
MATTERS IN CON-.
THERE-
before me this ' , of
_,, A.D., 2004.
CAROL ,ANN ,AVERYNolary Pu~ St~ of Tex~
I~ Commtsstoo Expir~ 08-31-2004
... Notary Public, Guadalupe County, Texas
PUBLISHER'S AFFIDAVIT
:1'HE STATE OF TEXAS,
County of Guadalupe
Before me, the under, signed authorib/, on this date personally appeared
. ,
, known to me, who, being by me duly sworn, on
his oath deposes and says that he is the Publisher of The Seguin Gaze~e-Ent~=rprise, a
newspaper published in said count'/; that a copy of the within and foregoing notica was
published in'said newspaper .. //' _ time(s) before the return day named there[n, such
!
publications being on the following dates'
AN'" ;'' ;O~CE
~tN6t. ;~ ~ MONA-
A ,.: ~D-; ~UBDIVk,
SION,. ~D' .OT~R
MA~ERe ' IN CON-
~GTi~:, THE~,
W~.
PASSED,
AND A~ED the
Dep..~ ,Ci~,. ~ecretary,
and a newspaper copy of which is hereto attached.
Sworn to and subscribed before me this
--~~~.----- ....... , A.D., 2004.
CAROL ANN AVERY
Notary Pulalc St~ el Texas
My Commls~m Expi~ 08-31-2004
,/,"~-3...~. day of
.... Notary Public, Guadalupe County, Texas
:I'HE STATE OF TEXAS,
County of Guadalupe
PUBLISHER'S AFFIDAVIT
· ,.=, ·
·
_To, tomy- Crc3,,,' _, known to me, who, being by me duly swam, on
..
his oath deposes and says that he is the Publisher of The Seguin Gaz.~e-Enterprise, a
newspaper published'in said county; that a copy of the within and foregoing notice wss
published in said newspaper_/ _ time(s) before the re~um dsy named'there[n, such
publications being on the following dates'
,
~'PTING. AMORA-
TOREJM ON PROPER--
TY DEVELOm4EN~ ~N
A PLATTED SUBDIVI,
SION, AND OTHER
MATTERs IN CON.
NECTION THERE-
WITH.
and a newspaper'copy of which is hereto aEsched.
PASSED, APPROVED
AND ADOPTED the
·.. Notary Public, Guadalupe County, Texas