RESO 1986-15B - CM and June AckerRESOLUTION NO. 86 -15
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,
TEXAS, AUTHORIZING A DECLARATORY JUDGMENT ACTION AGAINST
C. M. ACKER AND JUNE ACKER, AND MAKING OTHER PROVISIONS
RELATED THERETO.
WHEREAS the City of Huntsville, Texas, is a homerule municipal corporation
and regulates subdivisions within the city and its extraterritorial
jurisdiction under State law; and
WHEREAS the City has adopted regulations presupposing that mobile home
developments are subdivisions in accord with the Court's opinion in
City of Weslaco v. Carpenter, 694 S.W.2d 601 (Tex.Civ.App. -C.C. 1985,
writ ref'd n.r.e.); and
WHEREAS C. M. Acker and June Acker have developed a mobile home park
and plan to substantially expand that mobile home park, and have
advised the City that they do not consider a mobile home development
as a subdivision;
NOW, THEREFORE, the City Council of the City of Huntsville, Texas, resolves
that:
Section 1. The City Attorney is hereby authorized and directed to file
an action under the Texas Uniform Declaratory Judgment Act to seek a
resolution of the rights, status and /or other legal relations of the
City and C. M. Acker and June Acker as they are affected by State
statutes, municipal ordinances, and contracts regarding the
subdivision of property or development of a mobile home park in
Northgate Meadows Subdivision, and to seek such other relief as is
appropriate.
Section 2. This resolution shall take effect immediately from and after
its passage.
PASSED AND APPROVED this the 28th day of October, A. D. 1986.
THE CIT OF HUNTSVILLE, TEXAS
By
t DeShaw, City ecretary
APP R0VED AS TO FORM:
Scott Bounds, City Attorney
'ne Monday, Mayor