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2005S31-MORATORIUM (EXTENDED) Ordinance No. 05-. S~ 31 AN ORDINANCE EXTENDING 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 imposed 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 ~~. of the Texas Local Government Code, as amended (the "Code"); and WHEREAS, the moratorium is scheduled to expire on July 13,2005; WHEREAS, the City staff is working with certain landowners in the Subdivision to eliminate or ameliorate those conditions which contribute to inadequate essential public facilities, but staff requires further time to conclude such actions and to coordinate such solutions with the Council; WHEREAS, Section 212.134 of the Code provides that, among other matters, before the City may extend any such moratorium, the City must conduct a public hearing on the proposed extension; and WHEREAS, the City Council called a public hearing on the proposed property development moratorium extension to be held on the June 21, 2005, during a meeting of the Council, such meeting held at 7:00 p.m. at the City Hall, 1400 Schertz Parkway, Schertz, Texas 78154; and WHEREAS, the City caused notice of such public hearing to be published in the City's official newspaper in advance of the date of such public hearing as required by law; WHEREAS, the Council has determined that an extension of the moratorium for a period of an additional 120 days will be in the best interest of landowners within the Subdivision and all citizens of the City; 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 I. The Council hereby finds and determines, based upon the evidence set forth on Exhibit A to this Ordinance and City staff's presentation to the Council, that there is a 20134769.1 need beyond the estimated capacity of essential public facilities serving the Subdivision expected to result from new property development in the Subdivision, that the moratorium authorized herein is limited to the Subdivision, which is the area with the shortage of essential public facilities, and that an extension of the moratorium for an additional 120 days is reasonable. SECTION 2. The moratorium on property development in the Subdivision is hereby extended as permitted by law for a period of 120 days from July 13, 2005, the original termination date of the moratorium, to November 10, 2005. 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 amended, 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 21" day of June, 2005. PASSED AND FINALLY APPROVED on second and *,2005. ayor ATTEST: ~~JJ~ City, Sec t / 201347691 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: a. essential public facilities currently operating near, at, or beyond capacity: No water or storm drainage facilities serve any of the platted lots in the Subdivision, a very limited numher 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 snch facilities. b. portion of that capacity committed to the Subdivision: 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. c. the impact fee revenue allocated to address the facility need: None 2. Moratorium is reasonably limited to: a. area of City where the shortage of essential public facilities would otherwise occur: The shortage, with no expectation of correction, is limited to the Subdivision which is the subject of the moratorium. b. property that has not been approved for development because of the insufficiency or essential public facilities: No permits for development have been requested or issned for any platted lot in the Su bdivision. 201347691 A-I PUBLISHER'S AFFIDAVIT yfr: , 'J~ ,~ //) if / t'J (\~ q ;p'l ~ "'3' I THE STATE OF TEXAS, f County of Guadalupe Before me, the undersigned authority, on this date personally appeared Jamie Mobley, known to me, who, being by me duly swom, on his oath Deposes and says that he is the Managing Editor of The Seguin Gazette- Enterprise a, 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: "\\" 'i\~\ )'(\()'c \..j\.....-J t I t~) j '_ ' J 11 0 l !l(Jal Notices --~~- c ~.~~ AN ORDlNAN~... NO.lJ5-S..31. AN ORDINANCE EX- TENDING A MORATO- RIUM ON PROPERTY DEVELOPMENT IN A PLATTED SUBDIVI- SION AND OTHER MATTERS IN CON- NECTION THERE- WITH. And a newspaper copy of which is hereto attached, Sworn to and subscribed before me this /I day of PASSED, APPROVED AND ADOPTED this the 5th day of July 2005. Interim City Secretary, Mary Ybarra ~ JY\~~I C2~ Notary PUblic, Guadalupe County, Texas ,A.D., 2005 i'-(~~'*},;'.P~ M" ~6AAET L, CLARKSON V lO( ,,'''').'' tw'.;l;'1 ~u~. Stal:t oT T~ ~~, ~.' My r;(),'lln~ Explnls fell 25. 2006 ~I ~,. ,_~ €", \~f'~il'.~:1l.'" i~f""llI"""" i.2~"Y~.....,~.,<~..~--"