Ordinance No. 2010-0315
Regulating and restricting the height of structures and objects of natural growth and otherwise regulating the use of property in the vicinity of the Denver City Municipal Airport, Denver City, Texas, by creating the appropriate zones and establishing the boundaries thereof; providing for restrictions of such zones and the enforcement of such restrictions; defining certain terms used herein; referring to the Denver City Municipal Airport Hazard Zoning Map prepared by the TxDOT Aviation Division, dated January 27, 2010, which is incorporated in and made a part of these regulations; providing for a board of adjustment; and imposing penalties.
Whereas, these regulations are adopted pursuant to the authority conferred by the Airport Zoning Act, Texas Local Government Code, sections 241.001 et seq.
Whereas, the Legislature of the State of Texas finds that:
* an airport hazard endangers the lives and property of users of the airport and of occupants of land in the vicinity of the airport;
* an airport hazard that is an obstruction reduces the size of the area available for the landing, taking off, and maneuvering of aircraft, tending to destroy or impair the utility of the airport and the public investment in the airport;
* the creation of an airport hazard is a public nuisance and an injury to the community served by the airport affected by the hazard;
* it is necessary in the interest of the public health, public safety, and general welfare to prevent the creation of an airport hazard;
* the creation of an airport hazard should be prevented, to the extent legally possible, by the exercise of the police power without compensation; and
* the prevention of the creation of an airport hazard and the elimination, the removal, the alteration, the mitigation, or the marking and lighting of an airport hazard are public purposes for which a political subdivision may raise and spend public funds and acquire land or interests in land.
Accordingly, it is declared that the City of Denver City, Yoakum County, and Gaines County benefit from the use of the Denver City Municipal Airport and the City Council of the City of Denver City permits the Denver City Municipal Airport to be used by the public to an extent that the airport fulfills an essential community purpose; therefore, the Denver City Municipal Airport is used in the interest of the public.
Therefore, be it ordered by the Denver City-Yoakum County-Gaines County Joint Airport Zoning Board of the City Council of the City of Denver City, Texas, the Commissioners Court of Yoakum County and the Commissioners Court of Gaines County, Texas: