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any provision of this Ordinance are hereby repealed to the extent of such conflict, and the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