WHEREAS, in 2017, the City commissioned engineering firm, Enprotec / Hibbs and Todd, Inc. to perform a master study of the City's wastewater treatment collection and treatment facilities. The study illuminated the need for an additional wastewater treatment facility(s); and
WHEREAS, in 2017, Enprotec / Hibbs and Todd, Inc. provided the City with a study including the data necessary to determine the necessity for an additional wastewater treatment facility(s) for a twenty-year time frame; and
WHEREAS, the City has been diligently evaluating and assessing the findings in the 2017, Enprotec / Hibbs and Todd, Inc. Wastewater Study; and
WHEREAS, the City held sessions on June 5, 2018 to review the findings of the Enprotec / Hibbs and Todd, Inc. Wastewater Study with the public; and adopted the study of Enprotec / Hibbs and Todd, Inc.; and
WHEREAS, additional wastewater treatment facilities are needed to allow for growth and development within the City Limits and Extraterritorial Jurisdiction ("ETJ") while protecting the environment, health, safety, quality of life, and general welfare of its residents; and
WHEREAS, the City has submitted to TCEQ a permit request for a new wastewater treatment plant needed to accommodate the future development and economic growth which is consistent with the findings of the Enprotec / Hibbs and Todd, Inc. Wastewater Study; and
WHEREAS, there has been delay in the issuance of the necessary permits from the TCEQ impacting further development and issues that will affect future growth and organized and planned development of the area within its jurisdiction; and
WHEREAS, the City finds this permitting process from TCEQ will require a reasonable amount of time to complete; and
WHEREAS, in order for the City to have adequate and reasonable time to process the permit and to consider the impact upon future growth, the natural environment, public health and safety, development, and places of architectural, and ecological importance and significance within the City Limits and ETJ, the City wishes to maintain the status quo by implementing a moratorium, during which applications for development, including all Plats to include: Record Plats, Final Plats, Preliminary Plats, Replats, Amending Plats, Minor Plats and Development Plats and/or approvals will be suspended; and
WHEREAS, the City Council of the City of Granbury has reviewed and accepted the
written findings attached hereto as Exhibit 'A', identifying the shortage of essential public wastewater facilities in summary that show:
1. Evidence demonstrating the extent of need beyond the estimated capacity of existing essential public facilities that are expected to result from new property development, including identifying:
a. Any essential public facilities currently operating near, at, or beyond capacity; and
b. The portion of that capacity committed to the development subject to the temporary
moratorium; and
c. The impact fee revenue allocated to address the facility need; and
2. Evidence demonstrating that the temporary moratorium is reasonably limited to:
a. Areas of the municipality where a shortage of essential public facilities would
otherwise occur; and
b. Property that has not been approved for development because of the insufficiency
of existing essential public facilities; and
WHEREAS, the City's program for addressing issues during this temporary moratorium includes: planning, regulating, building, and educating; and
WHEREAS, in recognition of the importance of Plat applications as defined herein, and
approvals to the development community, the City desires to implement this moratorium for a stated and fixed time period, and to include a waiver provision in accordance with Local Government Code Chapter 212, Subchapter E.
WHEREAS, the City Council finds that the enactment of this Ordinance is directly related to the immediate preservation of the public peace, health and/or safety, and thus should be adopted as a measure that is effective immediately upon its adoption and execution.
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