§ 1. Authority for, scope and purpose of provisions; short title.

This order amends and replaces in its entirety the order of the joint airport zoning board of the City of McAllen and Hidalgo County, Texas, adopting airport zoning regulations adopted on May 10, 1963.

This order is adopted pursuant to the authority conferred by V.T.C.A., Local Government Code §§ 241.001 through 241.044 and 241.901 through 241.903, as amended. It is hereby found that an airport hazard endangers the lives and property of users of Miller International Airport of McAllen and of occupants of land or to property in its vicinity, and also, if of the obstruction type, in effect reduces the size of the area available for the landing, taking off and maneuvering of aircraft, thus tending to destroy or impair the utility of Miller International Airport of McAllen and the public investment therein. Accordingly, it is declared:

(1)

That the creation or establishment of an airport hazard is a public nuisance and an injury to the region served by Miller International Airport;

(2)

That it is necessary in the interest of the public health, public safety and general welfare, that the creation or establishment of airport hazards be prevented; and

(3)

That the prevention of these hazards should be accomplished to the extent legally possible, by the exercise of the police power without compensation.

It is further declared that both the prevention of the creation or establishment of airport hazards and the elimination, removal, alteration, mitigation, or marking and lighting of existing airport hazards are public purposes for which political subdivisions may raise and expend public funds and require land or interests in land.

This order shall be known and may be cited as "Miller International Airport of McAllen Zoning Order."