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15-R-06 - Support of JBSA-RandolphRESOLUTION NO. 15 -R -06 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS IN SUPPORT OF JBSA- RANDOLPH BY ADDITIONAL PROPERTY SALE AND LEASE NOTICE AND LIMITED EXPANSION OF LOCAL GOVERNMENT CODE CHAPTERS 397 AND 397A TO THE AREA SURROUNDING JBSA - RANDOLPH WHEREAS, The San Antonio Region including the City of Schertz that surround JBSA- Randolph have experienced significant growth and development; and WHEREAS, The 12th Flying Training Wing Flight Operations may not be compatible with future development of property in the Runway Clear Zones (CZ), Accident Potential Zones (APZ), and High Noise Areas (65 decibels or greater), and these safety zones and noise areas (CZ) and (APZ) are subject to increased risk and /or high levels of aircraft noise on a daily basis; and WHEREAS, High Density Trainer Operations flown by the 12th Flying Training Wing 145 T- 38, T -6, and T -1 aircraft are not compatible with high density urban development; and WHEREAS, the City of Schertz wishes to protect both the Community and the JBSA - Randolph training missions; and WHEREAS, the City of Schertz does not wish the Air Education and Training Command (AETC) to ever consider a need to move the 12th Flying Training Wing out of the San Antonio Metropolitan Area or the State of Texas should future incompatible developments occur within the Runway Clear Zones, Accident Potential Zones, or High Noise Zones of JBSA- Randolph; and WHEREAS, the City of Schertz, including Bexar, Guadalupe, and Comal Counties, are not fully able to consider an installation's recommendations regarding development in order to ensure compatibility with Mission Requirements; and WHEREAS, there is currently no statute or other regulatory mechanism to compel property owners to notify purchasers that the property is located in a High Noise Zone and/or Accident Potential Zone; and WHEREAS, the State of Arizona has adopted measures to address the safety, quality of life, and compatibility issues referenced above for development in those areas adjacent to or near Military Installations; and WHEREAS, the provisions of the Texas Government Code Chapters 397 and 397A are not available to JBSA - Randolph or Municipalities or Bexar, Guadalupe and Comal Counties due to the limited application set forth in those Statutes; NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Schertz, Texas hereby requests that the Texas Legislature approve and submit to the Governor for passage of Legislation two amendments to address greater property owner awareness and future development compatibility in the area around Joint Base San Antonio — Randolph, including: Section 1. Incorporating certain portions of Arizona Statute A.R.S. 28 -8481 related to potential property ownership or lease notification such that any property owner whose property is located within a clear zone, accident potential zone or high noise area (65 decibels or greater) shall notify potential purchases of the property and potential leases or renters that the property is located in one of these zones; and Section 2. Sections 397.005 (b) and 397.006 of the Texas Local Government Code be amended to apply to the area around Joint Base San Antonio - Randolph. Section 3. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 4. 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 resolved herein. Section 5. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 6. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 7. 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, Texas Government Code, as amended. CITY OF S TZ, TEXAS is ael R Carpenter, Mayor ATTEST: