Ord 128-94 9/6/1994 ORDINANCE NO. I a p)-Cf:
A ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA
FALLS, TEXAS, AMENDING ARTICLE III, SECTION 20 OF THE
CODE OF ORDINANCES TO CHANGE THE HEARING OFFICIALS FOR
ANY APPEALS FROM A VEHICLE BEING CLASSIFIED AS A JUNKED
VEHICLE, AND ADDING AND REWORDING NOTICE PROVISIONS;
REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT HEREWITH; PROVIDING FOR A SAVINGS CLAUSE;
FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS
ORDINANCE WAS DISCUSSED WAS OPEN TO THE PUBLIC AS
REQUIRED BY LAW; PROVIDING FOR PUBLICATION; PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, there is a need for the regulation of abandoned,
inoperative or junked motor vehicles on private or public
property because they have an adverse effect as to the
surrounding land values and the community as a whole; and,
WHEREAS, abandoned, inoperative or junked motor vehicles
located in areas have been shown to cause reduction in property
values of residential properties, and may adversely affect the
overall economic welfare of the neighborhood.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF WICHITA FALLS, TEXAS, THAT:
SECTION 1. Section 20-43 of the Code of Ordinances of the
City of Wichita Falls is hereby amended to read as follows:
Sec. 20-43. Notice to owner or occupant to abate public
nuisance; request for hearing.
(a) For a nuisance on private property, the procedures for
abatement require not less than ten (10) days notice
stating the nature of the public nuisance on private
property, that it must be removed and abated within ten
(10) days, and that a request for a hearing must be
made before expiration of the ten (10) day period. The
notice must be mailed by certified mail with a five (5)
day return requested to the last known registered owner
of the junked motor vehicle, any lienholder of record,
and to the owner or occupant of the private premises on
which the public nuisance exists. If the post office
address of the last known registered owner of the motor
vehicle is unknown, notice to the last known registered
owner may be placed on the motor vehicle, or if the
last known registered owner is physically located, the
notice may be hand-delivered. If any notice is
returned undelivered by the United States Post Office,
official action to abate the nuisance shall be
continued to a date of not less than ten (10) days
after the date of return.
l _ _
(b) For a nuisance on public property, the procedures must
require not less than ten (10) days notice stating the
nature of the public nuisance on public property or on
a public right-of-way, that the nuisance must be
removed and abated within ten (10) days, and that a
request for hearing must be made before the expiration
of the ten (10) day period. The notice must be mailed
by certified mail with a five day return requested to
the last known registered owner of the junked motor
vehicle, any lienholder of record, and to the owner or
occupant of the public premises or to the owner or
occupant of the premises adjacent to the public right-
of-way on which the public nuisance exists. If the
post office address of the last known registered owner
of the motor vehicle is unknown, notice to the last
known registered owner may be placed on the motor
vehicle, or if the last known registered owner if
physically located, the notice may be hand-delivered.
If any notice is returned undelivered by the United
States Post Office, official action to abate the
nuisance shall be continued to a date not less than ten
(10) days after the date of the return.
(c) Before the removal of the vehicle or vehicle parts as a
public nuisance, a hearing shall be held before the
Director of Community Development or the City Planning
Administrator or their designee, if the hearing is
requested by the owner or occupant of the public or
private premises, or by the owner or occupant of the
premises adjacent to the public right-of-way on which
the vehicle is located within ten (10) days after
service of notice to abate the nuisance. At the
hearing, it is presumed, unless demonstrated otherwise
by the owner, that the vehicle is inoperable. A
resolution or ordinance requiring the removal of a
vehicle or vehicle part must include a description of
the vehicle and the correct identification number and
license number of the vehicle if the information is
available at the site.
(d) Provided, however, should a hearing be properly and
timely requested, it shall be an affirmative defense to
said action that, (1) a vehicle or part thereof which
is completely enclosed within a building in a lawful
manner where it is not visible from the street or other
public or private property, (2) a vehicle or part
thereof which is stored or parked in a lawful manner on
private property in connection with the business of a
licensed vehicle dealer or a licensed motor vehicle
junkyard, or (3) unlicensed, operable or inoperable
antique and special interest vehicles stored by a
collector on his property, provided that the vehicles
and the outdoor storage areas are maintained in such a
manner that they do not constitute a health hazard and
are screened from ordinary public view by means of a
solid six-foot high fence, rapidly growing trees or
shrubbery, or other appropriate means.
SECTION 2. Section 20-44 of the Code of Ordinances of the
City of Wichita Falls is hereby amended to read as follows:
Sec. 20-44. Order to remove and abate nuisance; removal
by City.
(a) If the nuisance is not removed and abated, and a
hearing is not requested within the ten-day period
provided in Section 20-43, then a complaint shall be
filed, by the City Attorney or his deputy in the
appropriate court, for maintaining a public nuisance.
If a person is found guilty of maintaining a public
nuisance as defined in Section 20-42 , such person shall
be guilty of a misdemeanor and upon conviction shall be
punished by a fine not to exceed Two Hundred ($200.00)
Dollars, and each day such violation continues shall
constitute a separate offense. The court shall, upon
conviction, also order the removal and abatement of the
nuisance.
(b) The order, whether by the court, Director of Community
Development, the City Planning Administrator, or their
designee, shall further provide that if the defendant
shall fail or refuse within ten (10) days of said order
to remove and abate the nuisance, either the Chief of
Police or the Director of Public Works, as appropriate,
shall be directed to have the same removed, and either
the Chief of Police or the Director of Public Works, as
appropriate, or their duly authorized representatives,
or any other person duly authorized by the City Council
shall take possession of such junked motor vehicle and
remove it from the premises, and shall therefore
dispose of it, in accordance with the provisions of
Section 20-51 of this Article. Such order shall
include a description of the vehicle, the correct
identification number and license number of the
vehicle, if available at the site.
SECTION 3. All ordinances or parts of ordinances in
conflict with the provisions of this ordinance are hereby
repealed.
SECTION 4. Should any section, paragraph, sentence, clause,
phrase or word of this ordinance be declared unconstitutional or
invalid for any purpose, the remainder of this ordinance shall
not be affected thereby.
SECTION 5. This ordinance shall take effect immediately
from and after its passage and publication, in accordance with
the provisions of the charter of the City of Wichita Falls, and
it is accordingly so ordained.
SECTION 6. 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 6th day of September, 1994.
A Y O
ATTEST:
41 4 1 �i A L.'.
/ City Clerk
1
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Affidavit of Publication
ORDINANCE NO.111-94
AN ORDINANCE LEVYING, THE STATE OF TEXAS
ASSESSING AND FIXING THE Ad 587989
TAX RATE FOR THE USE AND i
SUPPORT OF THE MUNICI- COUNTY OF WICHITA
PAL GOVERNMENT OF THE
CITY OF WICHITA FALLS,
(Pj TEXAS,AND PROVIDING THE ;re)
INTEREST AND SINKING 29th September
FUND FOR THE FISCAL On this 29th day of
YEAR 1994-95 AND APPOR-
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AND PROVIDING FOR THE A.D. 9 7 personally appeared before me, the undersigned authority
ASSESSMENT OF ANNUAL
OCCUPATION TAXES ['
PROVIDED BY LAW, AND Mary E . Newell bookkeeper
DECLARING AN EMERG-
ENCY. for the Times Publishing Company of Wichita Falls, publishers of the Wichita Falls
ORDINANCE NO.112-94 g om p an y p
ORDINANCE TO AMEND SEC-
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ORDINANCES TO ADJUST
TREATED AND RAW WATER Texas, and upon being duly sworn by me, on oath states that the attached
RATES FOR RETAIL CUS-
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ORDINANCE NO.113-94
ORDINANCE TO AMEND SEC-
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DINANCE NO. 61-90 AND TO �-gy-._:.�2.s
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ORDINANCE AKIN NO.116-94 ,,yam„,�„r.
ORDINANCE MAKING HE
ORDINAN MAINTENANCE,
FOR THE ^_
SUPPORT, MAINTENANCE, ✓'^•'�J
BUILDINGS AND IMPROVE-
MENTS FOR THE CITY OF
WICHITA FALLS FOR THE
FISCAL YEAR BEGINNING ' ORDINANCE NO.119-94 ORDINANCE NO.122-94 ORDINANCE NO.126-94
OCTOBER 1, 1994, AND END- ORDINANCE OF THE CITY ORDINANCE WIAVING AP- ORDINANCE WAIVING SEC-
ING SEPTEMBER 30, 1995, ' COUNCIL OF THE CITY OF PENDIX A, SUBDIVISION TION 22-1(0(2)AND SECTION
BOTH DATES INCLUSIVE, _WICHITA FALLS, TEXAS, SECTION 9(B)(2)(a)OF THE 22-1(a)(9) OF THE CODE OF
ADOPTING THE BUDGET 1 CLOSING, VACATING AND , OF ORDINANCE WITH ORDINANCES BY THE
FIGURES AND ACCOUNTS AS ABANDONING A PORTION OF RESPECT TO PLACING CURB WICHITA FALLS RADIO CON-
PART OF SAID APPROPRI AN A CANAL DRAINAGE EASE- AND GUTTER ON THE NORTH TROL CLUB TO PERMIT VE-j
rMONS, DECLARING AN MENT OUT OF BLOCK 18, SIDE OF KOVARIK ROAD,AD- HICLES ON THE GRASS AND!
EMERGENCY. DENTON COUNTY SCHOOL JACENT TO THE SOUTH LINE SIGNS DURING AN EVENT ON
ORDINANCE 117.94 - LANDS, LEAGUE 1; OF LOTS 1-4, BLOCK 1, OCTOBER 10,1994 IN JAYCEE
ORDINANCE MAKING AN AP- AUTHORIZING THE CON- KEMP'S SUBDIVISION OF PARK.
PROPRIATION IN THE GEN- VEYANCE OF THE PORTION WILLIAM MAYER SURVEY ORDINANCE NO.127-94
ERAL NATED FUND FROM DES OF THE EASEMENT TO THE ORDINANCE NO.123-94 ORDINANCE MAKING AN AP-,
NATE FUND BALANCE ANND D FEE OWNER; FINDING AND . ORDINANCE WIAVING AP- PROPRIATION IN THE GEN-1
AUTHORIZING FUNDS LEN- DETERMINING THAT THE PENDIX A, SUBDIVISION ERAL FUND FOR AD
UNDESI ISHMENT AT FUNDS FROM MEETING AT WHICH THIS SECTION 9(B)(2)(a)OF THE DITIONAL GRANT REVENUE i
ANCESIGNATEO FUND BAL- ORDINANCE WAS DISCUSSED CODE OF ORDINANCES WITH FROM THE TEXAS DEPART-
ORDINANCE ORDINANCE NO.118-94 WAS OPEN TO THE PUBLIC ' RESPECT TO PLACING CURB MENT OF HEALTH AND
AS REQUIRED BY LAW. AND GUTTER ON THE WEST AUTHORIZING THE CITY
ORDINANCE U COUNCIL OF T THE CITY ORDINANCENO.120-94 SIDE OF TURKEY RANCH MANAGER TO EXECUTE
WICHITA FALLS,LLS CITY TEXAS, ORDINANCE WAIVING AP- ROAD, ADJACENT TO THE CONTRACT ACCEPTING
CLOSING, VACATING GEXAD PENDIX A, SUBDIVISION EAST LINE OF LOTS 1-7,WILD SAME.
ABASING, VACATING AOF SECTION 9(B)(2)(a)OF THE PLUM COUNTRY ESTATES. ORDINANCE NO.128-94
ABANDONING A PORTION OF CODE OF ORDINANCE WITH ORDINANCE NO.124-94 ORDINANCE OF THE CITY
A TEN NTT OUT O UTILITY . RESPECT TO PLACING CURB ORDINANCE WIAVING SEC- COUNCIL OF THE CITY OF
BLOCK 2, OUT G LOTS, AND GUTTER ON THE EAST TION 27-29 OF THE CODE OF WICHITA FALLS, TEXAS,
TATE 2, SECTION 1; SIDE OF TURTLE CREEK ORDINANCES WITH RE- AMENDING ARTICLE III,
A A T E 5, SECTION 1; ROAD ADJACENT TO THE SPECT TO PLACING A SIDE- SECTION 20 OF THE CODE OF
VEYANCE OF THE CON- WEST LINES OF LOTS 5-12 WALK ALONG THE WEST ORDINANCES TO CHANGE
OF THEE EASEMENT THE PORTION AND 17, AND THE NORTH SIDE OF STATE HWY.240 AD- THE HEARING OFFICIALS
OF THE EASEMENT TO THE SIDE OF TURTLE CREEK JACENT TO THE EAST LINE I FOR ANY APPEALS FROM A
FEE OWNER; FINDING AND ROAD ADJACENT TO THE OF LOTS 1 AND 2, BLOCK 1, VEHICLE BEING CLASSIFIED
DETERMINING THAT THE GREENTREE SUBDIVISION. AS A JUNKED VEHICLE,AND
MEETNG AT WHICH THIS OR- SOUTH LINES OF LOTS 1-5 ORDINANCE NO.125-94 ADDING AND REWORDING
DINANCE WAS DISCUSSED AND 31-34,CASTLEBAR ORDINANCE WIAVING SEC- NOTICE PROVISIONS;
WAS OPEN TO THE PUBLIC ORDINANCE NO.121-94 TION 22-1(a)(2) AND ORDI- REPLEALING ALL ORDI-
AS REQUIRED BY LAW. ORDINANCE WAIVING AP- NANCE 78-94 OF THE CODE OF NANCES OR PARTS OF ORDI-
ORDINANCE NO.119-94 PENDIX A, SUBDIVISION i ORDINANCES TO PERMIT NANCES IN CONFLICT HERE-
ORDINANCE OF THE CITY SECTION 9(B)(2)(a)OF THE SIGNS AND VEHICLES ON WITH; PROVIDING FOR A
COUNCIL OF THE CITY OF ' CODE OF ORDINANCES WITH THE TRAIL BY THE FALLS SAVINGS CLAUSE; FINDING
WICHITA FALLS, TEXAS, I RESPECT TO PLACING CURB i FOR WICHITA GENERAL AND DETERMINING THAT
,CLOSING, VACATING AND AND GUTTER ON THE SOUTH ' HOSPITAL FOR AN EVENT THE MEETING AT WHICH
ABANDONING A PORTION OF SIDE OF NUNN STREET,AD- OCTOBER 8,1994 THIS ORDINANCE WAS DIS-
A CANAL DRAINAGE EASE- JACENT TO THE NORTH LINE
MENT OUT OF BLOCK 18, OF LOTS 12, 13, 14 AND 23, CUSSED WAS OPEN TO THE
I PUBLIC AS REQUIRED BY
DENTON COUNTY SCHOOL BLOCK 1-A, PARK VILLAGE i LAW; PROVIDING FOR PUB-
LANDS, LEAGUE 1; ADDITION. LICATION; PROVIDING FOR
AUTHORIZING THE CON- AN EFFECTIVE DATE.
VEYANCE OF THE PORTION I
OF THE EASEMENT TO THE
FEE OWNER; FINDING AND
DETERMINING TuAr ruo