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
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