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Res 1986-106
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Res 1986-106
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8/27/2007 4:45:19 PM
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8/27/2007 4:45:19 PM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Approving
Number
1986-106
Date
9/8/1986
Volume Book
82
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<br />:tible use or joint purchase with another government agency may <br />= reduce the net cost of the property. Due to the expense <br />asrMated with Fee Simple ownership, it is usually only cxmsidered <br />mandatory within the Ldn 70 noise contour. This should not be a <br />factOI' at san Marcos Municipal Airport, since the 70 UIn contours for <br />the year 2005 will be within the airport boundaries, and no land <br />acquisiti.a1 for noise control purposes should be necessary. <br /> <br />condemnation of property is also a means of acquiring property. <br />concJenmation is subject to the legal finding that it is for a public <br />pxr:pose, altlDlgh this has traditionally been broadly defined by the <br />courts (Davis V. City of Lubbock, l60 Tex. 38, 326 S.W. 2nd 699). If <br />(lCIldeJIInatioo is used for land acquisition, provisions of the Uniform <br />Rel~tion Assistance and Real Property Acquisition Policies Act of <br />1970 (URARPAPA, P.L. 91-646) would apply if Federal assistance is <br />used. '!be Act stipulates that homeowners be granted a payment of up <br />to $15,000 to cxmpensate for any differential between the value of the <br />condemnation unit and the cost of comparable replacement housing. <br />Renters are granted up to four (4) years of rent differential. <br />Renters and owners alike are eligible for moving expenses between <br />three hundred ($300) and five hundred ($500) dollars. The federal <br />assistanoe portion of relocation costs are in the same proportion as <br />whatever grant is involved with the condemnation procedure. <br /> <br />DiJ:8::t CaJL.uls - ~ill'J <br /> <br />Zoning is the most traditional approach, and the most commonly and <br />widely used legal device to control land use development. '!he City of <br />San Marcos has adopted a zoning ordinance and map: the ordinance <br />awlles ooly to the City. ~ oounties surrounding the airport have <br />no zoning ordinance, as counties have no power to enact zoning <br />ardina:nces under Texas State enabling legislation (Title 28 Vernon's <br />Ann. Civ. St. Art. 10lla et. seq.). The zoning ordinance does not <br /><XlI1Lrol land uses based on noise nor does it control land uses within <br />certain noise zones around an airport. <br /> <br />ZOning is a useful tool for controlling land use development and <br />promoting compatibility while supporting private land ownership. <br />za1ing cannot be relied upon as a "corrective measure" as it can only <br />be applied prospectively and not retroactively (Allen vs City of <br />Corpus Christi, l52 Tex. 138). Also, since zoning is a creature of a <br />political body and subject to changing conditions and situations, the <br />zoning classification of any particular tract of land is always <br />subject to change. <br /> <br />A unique type of zoning which can be utilized in the airport environs <br />is an Qyerlay ZOne, and it is made possible only under the provisions <br />of a recently passed Texas Statute. The enactment of such a zone <br /> <br />6.2 <br />
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