Ord 06-2014 2/18/2014
ORDINANCE NO. 06-2014
Ordinance providing for the closure, abandonment, and conveyance
of unpaved and undeveloped rights-of-way in parts of Rider Avenue
and Columbia Road for a potential tax credit housing project
WHEREAS, Winterberry Development, LLC (Winterberry) has requested the
partial closing and abandonment of 69,696.6 square feet of portions or Rider Avenue
and Columbia Road, located at/near 4610 Johnson Road;
WHEREAS, affected utility companies, adjacent property owners, and City
departments have reviewed this request, and utilities and City departments have
requested retention of all or parts of the rights-of-way for utility easements;
WHEREAS, Texas Local Government Code § 272.001(g) authorizes political
subdivisions to sell, exchange, or otherwise convey the land or interests to an entity for
the development of low-income or moderate-income housing, and may convey said
property for a public purpose at less than its fair market value; and
WHEREAS, the City Council finds that it is in the best public interest to close and
abandon the parts of the streets herein indicated on the attached Location Map and
Exhibit “A”.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
1. The portion of Rider Avenue and Columbia Road depicted in the attached
Location Map and Exhibit “A” consisting of approximately 69,696.6 square feet, will be
closed and abandoned at the time of its development for low or moderate income
housing that qualifies for tax credit under the rules of the Texas Department of Housing
and Community Affairs (TDHCA), subject to the following conditions:
1. Winterberry is granted approval of its application by the Texas Department
of Housing and Community Development (TDHCA) in 2014;
2. Winterberry purchases four of the parcels of land that are adjacent to
Rider Street and Columbia Road within one year from being granted
approval from TDHCA;
3. Winterberry begins the process of re-platting the property with the
aforesaid four surrounding parcels of property within one year from being
granted approval from TDHCA and completes said platting process within
24 months of the date of this resolution;
4. The property automatically reverts back to the City if the conditions are not
met, with the reversion clause to contain such additional provisions as
required by City Staff and in a form to be approved by the City Attorney;
5. Retention of utility easements as approved by the City Engineer, including,
but not limited to, utility easements for sanitary sewer services in Rider
Avenue and for telecommunications provider crossings of Rider Avenue
depicted in Exhibit “B” AT&T Locations; and
6. Dedication of utility easements to the City on surrounding parcels as
approved by the City Engineer, including, but not limited to, easements for
sanitary sewer services.
2. The City Manager is authorized to execute a quitclaim deed to convey the
property, subject to the aforementioned conditions and a reversion guaranteeing the
use of the transferred property for low or moderate income housing tax credits under the
rules of the TDHCA, in a form to be approved by the City Attorney. The City Manager is
also authorized to execute other documents guaranteeing that the conveyance complies
with the aforesaid conditions and other conditions as may be determined by the City
Manager to be appropriate to guarantee that the conveyance of the property provides a
public benefit to the City of Wichita Falls.
PASSED AND APPROVED this the 18th day of February, 2014.
______________________________
M A Y O R
ATTEST:
____________________
City Clerk
Location Map
Exhibit “A”
Exhibit “B” AT&T Locations
Aerial Site Plan