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2005S45-AICUZ ORDINANCE NO. 05-$-45 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING FILING OF AN AFFIDAVIT OF CITY MANAGER CONCERNING RANDOLPH AIR FORCE BASE AIR INSTALLATION COMPATIBLE USE ZONE WHEREAS, Randolph Air Force Base ("Randolph") has identified an area designated as the Randolph Air Force Base Air Installation Compatible Use Zone (the "AICUZ District"), a portion of which is located within the corporate limits of the City (the "City AICUZ District"); WHEREAS, the City Council has adopted various ordinances which place restrictions on land use within the City AICUZ District in accordance with Randolph's AICUZ District recommended restrictions, and those restrictions may limit uses otherwise permitted by zoning restrictions applicable to land within the City AICUZ District; and WHEREAS, the City Council desires to put persons on notice of the existence of the AICUZ District and the restrictions relating thereto if they are contemplating acquisition of a real property interest in land located within the AICUZ District. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: Section 1. The City Manager is directed to arrange for the City Engineer to prepare a description of the land in the City AICUZ District sufficient for recordation purposes and to attach such description to the attached "Affidavit Concerning the Randolph Air Force Base Air Installation Compatible Use Zone", to execute such Affidavit, and to arrange for the recordation of such Affidavit in the appropriate real estate records for the county or counties in which the City AICUZ District is located. 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 Ordinance for all purposes and are adopted as a part of the judgment and findings of the Council. Section 3. All ordinances, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters ordained herein. Section 4. This Ordinance 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 Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the Council hereby declares that this Ordinance would have been enacted without such invalid provision. 20139937.1 Section 6. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice ofthe time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. Section 7. This Ordinance shall be effective from and after its final passage and any publication required by the City Charter. Section 8. This Ordinance shall be in force and effect from and after its final passage, and any publication required by the City Charter. PASSED AND APPROVED on first reading the C.I!&day ~ 2005. ATTEST: 'J714~ fj-/ilMa/ City ~cret y PASSED AND FINALLY APPROVED this th(Y;;V/~ay ,2005. Mayor ATTEST: '-1~I./) . ./ Ci~ ;l;~:&f:lhl/VW~~. / 20139937.1 AFFIDAVIT CONCERNING THE RANDOLPH AIR FORCE BASE AIR INSTALLATION COMPATIBLE USE ZONE Before me, the undersigned authority, on this day personally appeared Don Taylor ("Affiant"), who, being first duly sworn, upon his oath states: 1. My name is Don Taylor, and I live at , Schertz, Texas. I am the City Manager ofthe City of Schertz, Texas (the "City"), and I have personal knowledge of the facts stated in this affidavit. 2. The City is a Texas municipal corporation located in Guadalupe, Comal, and Bexar COjll1ties. 3. Randolph Air Force Base ("Randolph") is located in part of the City. 4. Randolph has identified an area designated as the Randolph Air Force Base Air Installation Compatible Use Zone (the "AICUZ District''), which contains an Accident Potential Zone ("APZ") and a Noise Zone ("NZ"), and has issued recommendations regarding appropriate land uses in the AICUZ District generally and within the APZ and the NZ. 5. A portion of the AICUZ District is located within the corporate limits of the City in Bexar County [and Guadalupe County], being specifically identified on Exhibit A hereto (the "City AICUZ District"). 6. The City supports the goals and objectives of the AICUZ District, including Randolph's recommended land uses therein, as such recommendations currently exist and as they may be amended from time to time. 7. The City Council has adopted various ordinances, including but not limited to Article VII, Section 4 of the City's Unified Development Code, which place restrictions on land use within the City AICUZ District consistent with the land uses recommended from time to time by Randolph, which restrictions may limit uses otherwise permitted by zoning restrictions applicable to land within the City AICUZ District. 8. This Affidavit is intended to put all persons contemplating acquisition of a real property interest in land in the City AICUZ District on notice of the existence of the AICUZ District and the restrictions relating thereto which have been recommended by Randolph and adopted by the City, as those restrictions are in effect from time to time. 20139954.1 Signed this _ day of ,2005. Don Taylor, City Manager, City of Schertz, Texas THE STATE OF TEXAS ~ ~ COUNTY OF GUADALUPE ~ SUBSCRIBED AND SWORN TO before me by Don Taylor, City Manager of the City of Schertz, Texas, this day of ,2005. Notary Public 20139954.1 -2- Exhibit A CITY AICUZ DISTRICT [metes and bounds description to be attached) 20139954.1 A-l