2004R04- TEMPORARY MORATORIUM ON PROPERTY DEVELOPMENT
RESOLUTION NO. () 1./-- If. 8<1
A RESOLUTION REGARDING A TEMPORARY 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~. 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 irnpose 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 hearings 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 hearing 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 on April 2, 2004 and April 9, 2004, respectively, as required by law; and
WHEREAS, pursuant to Section 212.134(c) of the Code, beginning on April 9, 2004, the
fifth business day after the first notice of public hearing was published, a temporary development
moratorium took effect; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS:
SECTION 1. Pursuant to Section 212.134(c) of the Code, a temporary moratorium on
property development in the Subdivision became effective on April 9, 2004, for the period set
forth in Section 212.134(f) of the Code. The temporary moratorium 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 2. All 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 ordained herein.
Moratorium Resolutioll.doc
SECTION 3. It is officially found, determined, 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 4. This Resolution shall be in full force and effect from and after its final
passage, and it is so ordained.
PASSED AND APPROVED ooth, 14"""'$~
Mayor '
ATTEST:
~Ci~+~~
Moratorium Resolution.doc
2
Fulbright & Jaworski l.I.p.
A Registered Limited Liability Partnership
300 Convent Street, Su ite 2200
San Antonio, Texas 78205-3792
www.fulbright.com
Michael L. Spain
Partner
mspain@fulbright.com
direct dial:
telephone:
facsimile:
(210) 270-7184
(210) 224-5575
(210) 270-7205
Apri17,2004
BY TELECOPY 659-3204
Mr. Mark Marquez
City Manager
1400 Schertz Parkway
Schertz, Texas 78154
Re: Development Moratorium
Dear Mark:
I enclose (i) an updated development moratorium action checklist, (ii) a revised copy of the draft
moratorium Ordinance, and (iii) a Resolution (which we have not previously discussed) regarding the
imposition of a temporary moratorium.
The text of the Ordinance is the same as yesterday's draft, but you will see that I have made
changes on Exhibit A. The findings on Exhibit A are very important under the moratorium statute.
Please let me know if you have any additional suggestions you want to make with respect to either the
text of the Ordinance or the specific findings on Exhibit A.
The Resolution effectively starts the moratorium sooner than the second and final reading of the
Ordinance. Pursuant to the moratorium statute, a temporary moratorium goes into effect on the 5th
business day following the first notice publication. That temporary moratorium would, therefore, take
effect on Apri19 (five days after the first publication on April 2). I believe that the temporary moratorium
will take place automatically on April 9, and the Resolution reflects that. It is less clear in the statute
what the temporary moratorium means, so I have included in Section 1 of the temporary moratorium
Resolution the same sorts of moratorium-type restrictions as are included in Section 2 of the moratorium
Ordinance.
The development moratorium checklist has been modified to add the temporary moratorium
Resolution on items 10, 13, and 16.
Please let me know if you have any questions concerning any of the enclosures.
Very truly yours,
original signed by Michael L. Spain
Michael L. Spain
MLS/mjw
Enclosures
cc: Connie C. Lock (Firm) (w/enclosures)
Marquez Ltr.doc
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