Ord 096-98 11/17/1998ORDINANCE NO.
ORDINANCE CLOSING AND ABANDONING A PORTION OF ARTHUR
STREET AND AVENUE "U" IN THE HIGHLAND ADDITION, AND BEING
CONDITIONED UPON THE FILING OF A FINAL PLAT; DETERMINING
THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED
WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW.
WHEREAS, property owners have requested the closure of a portion of Arthur
Street and Avenue "U ", finding it to be in conformance with the currently adopted
Thoroughfare Plan; and,
WHEREAS, all affected utility companies have been contacted and have
approved or conditionally approved of this closure, subject to relocation of existing
utilities; and,
WHEREAS, the City Council of the City of Wichita Falls, Texas deems it
advisable and in the public interest to close, vacate and abandon that portion of Arthur
Street and Avenue "U" hereinafter described subject to the filing of a final replat of the
abutting property within six months of the date of this ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
SECTION 1. The portion of Arthur Street and Avenue "U" which is shown as the
shaded area on the attached map, incorporated in this ordinance as Attachment "A"
and further described as follows:
FIELD NOTES OF A PORTION OF ARTHUR STREET AND
AVENUE "U" IN THE HIGHLAND ADDITION TO THE CITY OF
WICHITA FALLS, TEXAS, AND DESCRIBED BY METES AND
BOUNDS AS FOLLOWS:
BEGINNING at the Northwest corner of Lot 44, Block 118, Highland Addition to
the City of Wichita Falls, Texas, being at the intersection of the South line of
Avenue "U" with the East line of Arthur Street;
THENCE N 890 56'30" E with the South line of Avenue "U" a distance of 110.0
feet to its intersection with the West line of a drainage easement;
THENCE N 210 53'05" W with the West line of said drainage easement a
distance of 64.93 feet to its intersection with the North line of Avenue "U ";
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THENCE S 890 56'30" W with the North line of Avenue "U" a distance of 253.07
feet to its intersection with the East line of an abandoned railroad right -of -way
being a curve to the left with a radius of 1860.0 feet and a long chord which
bears S 390 35'32" W - 77.02 feet;
THENCE in a Southwesterly direction with said curve to the left an arc length of
77.02 feet to its intersection with the South line of Avenue "U ";
THENCE S 890 48'01 " E with the South line of Avenue "U" a distance of 155.88
feet to the Northeast corner of Block 165, Highland Addition and being the
intersection of the South line of Avenue "U" with the West line of Arthur Street;
THENCE S 070 13' 14" W with the West line of Arthur Street a distance of 349.25
feet;
THENCE East a distance of 60.48 feet to the PLACE OF BEGINNING.
be and the same is hereby closed, vacated and abandoned.
SECTION 2. The City of Wichita Falls, Texas hereby reserves an easement in
that portion of the right -of -way of Avenue "U" described in Section 1 for the purpose of
laying and maintaining all kind and character of utility lines including water, gas, electric,
telephone, cable television, sanitary and storm sewers and drainage ditches; no
structures shall be built on said easement. No utility easements are reserved in that
portion of Arthur Street being closed.
SECTION 3. That in consideration of the receipt of Seventy -Seven Thousand
($77,000) Dollars, this ordinance shall authorize the Mayor to execute a quit claim deed
for the City's interest in the property. The deed shall be executed conditioned upon the
property owners filing an approved replat of the property in the records of the Wichita
County Clerk. And such filing shall occur within six months of the date of approval of
this ordinance. This ordinance shall be void and have no effect if said replat is not
approved and filed within the stipulated time period.
SECTION 4. It is hereby officially found and determined that the meeting at
which this ordinance was passed was open to the public as required by law.
PASSED AND APPROVED this the 17th day of November, 1998.
ATTEST:
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City Clerk
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DEPARTMENT OF COMMUNITY DEVELOPMENT
PLANNING DIVISION
CITY OF WICHITA FALLS, TEXAS
MEMORANDUM
Date: November 11, 1998
To: Honorable Mayor and City Council
From: Steve Seese, City Planning Administrator
Dave Clark, Dir. of Community Development
Subject: City Council Item 9.b., Arthur Street and Avenue'U Closure
Attached is a revised Ordinance which corrects the Ordinance in your packet. The only revision is the
first "WHEREAS" statement. The revision changes "the Planning and Zoning Commission has
recommended . . . " to "property owners have requested . . . " We apologize for any inconvenience.
It has been established policy that the Planning and Zoning Commission only be involved in providing
recommendations relating to the closure of active streets. Therefore, this item was not seeking a
recommendation from the Planning and Zoning Commission to the City Council, but rather was
intended only to give the Council additional information to make an informed decision and to allow
Mr. Jon Moller an opportunity to be heard. Mr. Moller is a dissenting citizen.
Comments from the Planning and Zoning Commission essentially recognized that a proposal to
develop a 124,000 square foot retail use outweighed possibilities described by Mr. Moller. In addition,
the development of that area south of Mr. Moller's representation had other possibilities available to
them rather than creating a new street which would have the effect of voiding the development concept
which resulted in this Ordinance. Options for additional street access for that area will still exist at
Wenonah.
Rather than going into technical details in this memo, staff will be prepared to address this issue during
the Council meeting. Including the speakers Mr. Moller had present, coupled with his own
presentation, this portion of the Planning and Zoning Commission meeting lasted for over an hour.
The Planning and Zoning Commission was in full support of the closure of the unbuilt portions of
Arthur Street and Avenue 'U'.
Thank you.
cc: Mr. Jim Berzina, City Manager
Mr. Greg Humbach, City Attorney
Ms. Lydia Torres, City Clerk
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RECEIVED IN
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City Council Bill #
ORDINANCE NO.
ORDINANCE CLOSING AND ABANDONING A PORTION OF ARTHUR
STREET AND AVENUE "U" IN THE HIGHLAND ADDITION, AND BEING
CONDITIONED UPON THE FILING OF A FINAL PLAT; DETERMINING
THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED
WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW.
WHEREAS, property owners have requested the closure of a portion of Arthur
Street and Avenue "U ", finding it to be in conformance with the currently adopted
Thoroughfare Plan; and,
WHEREAS, all affected utility companies have been contacted and have
approved or conditionally approved of this closure, subject to relocation of existing
utilities; and,
WHEREAS, the City Council of the City of Wichita Falls, Texas deems it
advisable and in the public interest to close, vacate and abandon that portion of Arthur
Street and Avenue "U" hereinafter described subject to the filing of a final replat of the
abutting property within six months of the date of this ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
SECTION 1. The portion of Arthur Street and Avenue "U" which is shown as the
shaded area on the attached map, incorporated in this ordinance as Attachment "A"
and further described as follows:
FIELD NOTES OF A PORTION OF ARTHUR STREET AND
AVENUE "U" IN THE HIGHLAND ADDITION TO THE CITY OF
WICHITA FALLS, TEXAS, AND DESCRIBED BY METES AND
BOUNDS AS FOLLOWS:
BEGINNING at the Northwest corner of Lot 44, Block 118, Highland Addition to
the City of Wichita Falls, Texas, being at the intersection of the South line of
Avenue "U" with the East line of Arthur Street;
THENCE N 890 56'30" E with the South line of Avenue "U" a distance of 110.0
feet to its intersection with the West line of a drainage easement;
PAGE 5 OF 8 PAGES
AGENDA ITEM NO.
THENCE N 210 53'05" W with the West line of said drainage easement a
distance of 64.93 feet to its intersection with the North line of Avenue "U';
THENCE S 890 56'30" W with the North line of Avenue "U" a distance of 253.07
feet to its intersection with the East line of an abandoned railroad right -of -way
being a curve to the left with a radius of 1860.0 feet and a long chord which
bears S 391 35'32" W - 77.02 feet;
THENCE in a Southwesterly direction with said curve to the left an arc length of
77.02 feet to its intersection with the South line of Avenue "U';
THENCE S 890 48'01 " E with the South line of Avenue "U" a distance of 155.88
feet to the Northeast corner of Block 165, Highland Addition and being the
intersection of the South line of Avenue "U" with the West line of Arthur Street;
THENCE S 070 13' 14" W with the West line of Arthur Street a distance of 349.25
feet;
THENCE East a distance of 60.48 feet to the PLACE OF BEGINNING.
be and the same is hereby closed, vacated and abandoned.
SECTION 2. The City of Wichita Falls, Texas hereby reserves an easement in
that portion of the right -of -way of Avenue "U" described in Section 1 for the purpose of
laying and maintaining all kind and character of utility lines including water, gas, electric,
telephone, cable television, sanitary and storm sewers and drainage ditches; no
structures shall be built on said easement. No utility easements are reserved in that
portion of Arthur Street being closed.
SECTION 3. That in consideration of the receipt of Seventy -Seven Thousand
($77,000) Dollars, this ordinance shall authorize the Mayor to execute a quit claim deed
for the City's interest in the property. The deed shall be executed conditioned upon the
property owners filing an approved replat of the property in the records of the Wichita
County Clerk. And such filing shall occur within six months of the date of approval of
this ordinance. This ordinance shall be void and have no effect if said replat is not
approved and filed within the stipulated time period.
SECTION A. It is hereby officially found and determined that the meeting at
which this ordinance was passed was open to the public as required by law.
PAGE 6 OF 8 PAGES
AGENDA ITEM NO.
PASSED AND APPROVED this the 17th day of November, 1998.
ATTEST:
City Clerk
MAYOR
PAGE 7 OF 8 PAGES
AGENDA ITEM NO.
ORDINANCE NO. 95-98
ORDINANCE OF THE
CITY COUNCIL OF
THE CITY OF WICHITA
FALLS, TEXAS, PER-
MITTING AND REGU-
L A T I N G T H E
CONSTRUCTION,
MAINTENANCE AND
USE OF A LONG DIS-
TANCE TELECOMMU-
NICATIONS SYSTEM
BY LEVEL 3 COMMU- 9 Here)
NICATIONS, L.L.C.,
ACROSS, OVER AND
UNDER CERTAIN
STREETS AND PUBLIC
21GHTS -OF -WAY OF
THE CITY OF WICHITA
FALLS; PROVIDING
FOR PUBLICATION;
FINDING AND DETER-
MINING THAT THE
MEETING AT WHICH
THIS ORDINANCE WAS
PASSED WAS OPEN TO
THE PUBLIC AS RE-
QUIRED BY LAW.
ORDINANCE NO.96 -98
ORDINANCE CLOSING
AND ABANDONING A
PORTION OF ARTHUR
STREET AND AVENUE
"U" IN THE HIGH-
LAND ADDITION, AND
BEING CONDITIONED
UPON THE FILING OF
A FINAL PLAT; DE-
TERMINING THAT
THE MEETING AT'
WHICH THIS ORDI-
NANCE WAS PASSED
WAS OPEN TO THE
PUBLIC AS REQUIRED
BY LAW.
F %11 ORDINANCE NO.97 -98
ORDINANCE AUTHO- 9,.EWi6
PRIZING THE CITY UBLIC
S3 MANAGER TO ACCEPT E�
FY 1998 LOCAL LAW R� )
t� E NF0RCEMENT
i BLOCK GRANT AND
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TO APPROPRIATE ��"`aaaaaa
$264,000.00 IN THE SPE-
I CIAL REVENUE FUND
(OF THE CITY; DETER-
MINING THAT THEW
MEETING AT WHICH
THIS ORDINANCE WAS
PASSED WAS OPEN TO
THE PUBLIC AS RE-
QUIRED BYLAW.
ORDINANCE NO.98.98
AN ORDINANCE OF
THE CITY OF WICHITA
FALLS REPEALING
SECTIONS 7- 16(4);
18 -14-3 (AMENDING
SECTION 106.1 OF THE
S O U T H E R N STAN-
DAR D H O U S I N G
CODE); AND SECTION
18 -1/ 2 -(1) OF THE
CODE OF ORDINANC-
ES; PROVIDING FOR
INCLUSION IN THE
CODE; PROVIDING A
REPEALER CLAUSE;
FINDING AND DETER-
MINING THAT THE
MEETING AT WHICH
THIS ORDINANCE WAS
PASSES WAS OPEN TO
THE PUBLIC AS RE-
QUIRED BY LAW.
Affidavit of Publication
THE STATE OF TEXAS
COUNTY OF WICHITA #277733
On this 2nd day of December
A.D.....1 998. . . . personally appeared before me, the undersigned authority
Kathy Salan
bookkeeper
for the Times Publishing Company of Wichita Falls, publishers of the Wichita Falls
Times/Record News, a newspaper published at Wichita Falls in Wichita County,
Texas, and upon being duly sworn by me, on oath states that the attached
advertisement is a true and correct copy of advertising published
in one ( 1) issues thereof on the following dates:
Bookkeeper for Times ublishing Company
of Wichita Falls
Subscribed and sworn to before me this the day and year first above written: