2005R02- PLATTED RESIDENTIAL SUBDIVISIONS
RESOLUTION NO. 05-R-02
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS SETTING PUBLIC HEARINGS ON THE PROPOSED IMPOSITION
OF A MORATORIUM ON PROPERTY DEVELOPMENT IN A PLATTED
RESIDENTIAL SUBDIVISION; APPROVING AND AUTHORIZING THE
PUBLICATION OF NOTICES RELATING TO THESE MATTERS; AND
OTHER MATTERS IN CONNECTION THEREWITH
WHEREAS, the City Council (the "Council") of the City of Schertz, Texas (the "City")
hereby finds and determines 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~. of the Texas Local Government Code (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 has determined that it should call such hearings for such
purpose; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
THAT:
SECTION 1. Two public hearings on the proposed property development moratorium
shall be and are hereby resolved to be held on March 1, 2005, during a meeting of the Council
and on March 8, 2005, during a meeting of the Commission, each 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 notices of such public hearings, substantially in the
fonns and content of Exhibit A attached hereto (the "Notices"), to be published in one or more
newspapers having a general circulation in the City of Schertz, Texas, with such Notices to
appear in such newspaper in advance of the dates of such public hearings as required by law.
The Notices and public hearings will satisfY the provisions of Section 212.134 of the Code. The
City Secretary is also authorized and directed to provide a copy of this resolution to the
Chairman of the Commission for distribution to the members of the Commission.
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 of this Resolution or the application thereof to any person
or circwnstance shall be held to be invalid, the remainder of this Resolution and the application
of such provision to other persons and circwnstances 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, detennined, and declared that the meeting at which
this Resolution 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 Resolution, was
given, all as required by Chapter 551, as amended, Texas Government Code.
SECTION 7. This Resolution shall be in force and effect from and after its fmal
passage, and it is so resoIved.
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PASSED AND ADOPTED, this 9th day of February, 2005.
ATTEST:
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Ciiy ecretary
(CITY SEAL)
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