AN ORDINANCE OF THE CITY OF GRANBURY, TEXAS, ("CITY") ENACTING A MORATORIUM STAYING THE ACCEPTANCE AND PROCESSING OF ANY AND ALL PLATS IN THE CITY LIMITS AND EXTRATERRITORIAL JURISDICTION, PROVIDING FOR FINDINGS OF FACT, DEFINITIONS, APPLICABILITY, PURPOSE, ENACTMENT, DURATION, EXTENSION, EXCEPTIONS AND EXEMPTIONS, DETERMINATION AND APPEALS,
REPEALER, SEVERABILITY, ENFORCEMENT, EFFECTIVE DATE, AND PROPER NOTICE AND MEETING.
WHEREAS, the City of Granbury, Texas ("City") is a Home-Rule City acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and
Chapter 9 of the Local Government Code; and
WHEREAS, the Granbury City Council ("City Council"), as a duly-elected legislative body, finds that it is facing significant historic and contemporary land use challenges that exist due to the lack of capacity of the current wastewater collection system and limited capacity in the current treatment facility and delay in securing a permit from Texas Commission on Environmental Quality ("TCEQ") for the building of a new wastewater treatment facility; and
WHEREAS, the City Council finds that the City has been actively and diligently engaged in its assessment of the City's wastewater treatment program, including evaluating its necessity for a new treatment facility, purchasing land for said facility, performing design and engineers for said facility and requesting the proper permits from the TCEQ to build said facility and wastewater collection and treatment improvements; and
WHEREAS, Texas Local Government Code Section 51.001, provides the City general authority to adopt an Ordinance or police regulations that is for the good government, peace or order of the City and is necessary or proper for carrying out a power granted by law to the City;
and
WHEREAS, Texas Local Government Code Chapters 211, 212, 213, 214 and 217 grant the City certain regulation authority concerning construction, land use, nuisances, structures and
development-related activities; and
WHEREAS, the City seeks to ensure that impending and future development is conducted in an environmentally, fiscally-sustainable, and responsible manner that honors the City's unique ecological makeup and rich heritage; and
WHEREAS, the City will not be able to collect and process the wastewater if unlimited growth and development should occur under the City's existing facilities in certain portions unless
the City adequately addresses these concerns about the effect of development on the City without additional and properly designed and constructed wastewater collection and treatment facilities; and
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