2005R12- EXTENSION OF A MORATORIUM
RESOLUTION NO. 05-R-12
A RESOLUTION BY THE CITY COUNCIL OF TIlE CITY OF SCHERTZ,
TEXAS SETTING A PUBLIC HEARING ON THE PROPOSED EXTENSION
OF A MORATORIUM ON PROPERTY DEVELOPMENT IN A PLATTED
RESIDENTIAL SUBDIVISION; APPROVING AND AUTHORIZING THE
PUBLICATION OF A NOTICE RELATING TO THESE MATTERS; 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 et~. of the Texas Local
Government Code (the "Code"); and
WHEREAS, Section 212.136 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 of the moratorium; and
WHEREAS, the City Council has determined that it should call such hearing for such
purpose; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
THAT:
SECTION I. A public hearing on the extension of the property development
moratorium shall be and is hereby resolved to be held on June 21,2005, during a meeting of the
Council, 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 notice of such
public hearing, substantially in the form and content of Exhibit A attached hereto (the "Notice"),
to be published in one or more newspapers having a general circulation in the City of Schertz,
Texas, with such Notice to appear in such newspaper in advance of the date of such public
hearing as required by law. The Notice and public hearing will satisfY the provisions of
Section 212.136 of the Code.
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.
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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 ofthis 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 ofthe 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 55 I, 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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PASSED AND ADOPTED, this 17th day of May, 2005.
ATTEST:
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City Secretary
(CITY SEAL)
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Mayor
3
(