Ord 032-84 3/20/1984 4�� 1i.
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• ORDINANCE NO. 2,22-4/
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AN ORDINANCE AMENDING ARTICLE IV, DIVISION 5, CHAPTER 2 OF THE CODE OF
ORDINANCES RELATING TO THE IDENTIFICATION AND PRESERVATION OF HISTORIC
LANDMARKS IN WICHITA FALLS; DESIGNATING CERTAIN LANDMARKS; PROVIDING A
SEVERABILITY CLAUSE; AND DECLARING AN EMERGENCY
BE IT ORDAINED BY THE CITY COUNCIL OF WICHITA FALLS, TEXAS, THAT:
SECTION 1. Article IV, Division 5, Chapter 2, Code of Ordinances, City of
Wichita Falls, Texas is hereby amended to read as follows:
"DIVISION 5. LANDMARK COMMISSION
Section I. PURPOSE AND DECLARATION OF POLICY. The City Council finds and
declares as a matter of public policy that the protection and use of historic land-
marks is a public necessity and is required in the interest of the city's economic
well-being and the education, culture, and general welfare of the people.
The purposes of this ordinance are:
1. To identify, provide protection for, and perpetuate historic landmarks
which represent distinctive and important elements of the city's, state's, and
nation's past, and to develop appropriate settings for them.
2. To strengthen the economy of the city by stabilizing and improving
property values.
3. To protect and enhance the quality of neighborhoods.
4. To protect and enhance the city's attraction to tourists and visitors,
providing stimulus to business and industry.
5. To conserve resources and save on construction costs.
6. To reinforce community identity and foster civic pride in the appearance
of the city and in the accomplishments of the past.
Section II. HISTORIC LANDMARKS DESIGNATION. The City Council may designate,
at a public hearing, districts, sites, buildings, structures, and objects as
Wichita Falls Landmarks, hereinafter called, Landmarks. In making such designations,
one or more of the following criteria shall be considered:
1. Is associated with significant historic events or development of the city
or with the lives of persons or groups significant in the past;
2. Embodies distinguishing characteristics of architectural style or type,
or craftsmanship, or represents a significant innovation of method or use of materials;
3. As a neighborhood, or district, represents a significant and distinguish-
able area;
4. Possesses archaeological value, or based on evidence, can be expected to
yield information important to history; or
5. Because of location, has become of value to a neighborhood community area,
or city, or represents an aspect of community sentiment or pride.
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Section III. LANDMARK COMMISSION.
1. Creation. There is hereby created a Landmark Commission composed of
nine (9) members, each of whom shall be a resident of the City, appointed by the
City Council.
a. Of the nine members, one shall be an attorney, one shall be a licensed
real estate broker or appraiser, one shall be a member of the Planning Board, one
shall be a member of the executive committee of Midtown Now, one shall be a member
of the Wichita County Heritage Society, two shall be licensed architects, and two
shall be members at-large.
b. All members shall have knowledge and experience in the architectural,
economic, cultural, archaeological, or historical development of the city which
prepare them for carrying out their duties on the commission, and they shall serve
without compensation.
2. Terms. Appointments shall be for a term of three (3) years, and there-
after until their successors are appointed. However, the former Design Review
Commission members shall serve out their unexpired terms. The initial terms shall
be staggered by appointing three members whose terms expire 12/31/84, three whose
terms expire 12/31/85, and three whose terms expire 12/31/86.
3. Proceedings. The Landmark Commission shall meet regularly and may hold
other meetings as necessary. These meetings shall be open to the public. Five
(5) members shall constitute a quorum and at least five (5) affirmative votes shall
be necessary to carry out any action of the commission. The commission shall adopt
appropriate guidelines and procedures relating to the provisions of this ordinance
and for the conduct of its business.
4. Functions.
a. The Landmark Commission shall recommend to the City Council that
certain districts, sites, buildings, structures, and objects be designated as
Landmarks.
b. The Landmark Commission shall determine that certain districts, sites,
buildings, structures, and objects are eligible for designation as Landmarks pending
required restoration or rehabilitation, and they shall be deemed to have "pending
designation" status.
c. The Landmark Commission shall approve, conditionally approve, or
disapprove applications for alterations to the exterior of designated Landmarks,
landmarks with Pending Designation status, and to structures located within desig-
nated historic districts, to assure that changes are appropriate and that their
historical qualities are retained.
d. The Landmark Commission shall regularly review the status of Landmarks,
Landmark Districts, and landmarks with Pending Designation status and shall make
necessary recommendations.
e. The Landmark Commission shall recommend the amendment or removal of
a designation using the same procedure as for the original designation.
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f. The Landmark Commission shall conduct such other activities necessary
to accomplish its authorized objectives and to advance the purposes of this ordinance.
Section IV. RECORDING DESIGNATION. Immediately upon passage of a designa-
tion ordinance, the City Clerk shall file a copy of the ordinance with the County
Clerk, Wichita County, as part of the deed record.
Section V. EXTERIOR ALTERATIONS TO LANDMARKS. Prior to any alteration to
the exterior of any part of a Landmark, or prior to the construction, reconstruc-
tion, removal, relocation, exterior maintenance, except routine maintenance, or
demolition, or excavation or change in land surface of any site, of a Landmark, or
to a landmark with Pending Designation status, or to the exterior of any property
or site within a designated Historic District, application for approval for such
changes shall be made to the Landmark Commission and approval for such changes
granted.
1. The application shall be reviewed at a public hearing and a decision for
approval, continuance, or disapproval shall be made within thirty days after review
by the Landmark Commission. An application for demolition, removal, or relocation
must be accompanied by an application to remove the designation as a Landmark.
2. After thirty (30) days following the date of review of an application by
the Landmark Commission, if no decision has been rendered nor any action taken by
the Landmark Commission, approval shall be deemed granted, and a building permit,
if required, may be issued.
3. Approval which has been granted under the provisions of this section
shall expire six months from date of issuance if authorized work has not begun
and after one year if not completed. The Landmark Commission may, however, renew
an approval if application is made within thirty (30) days of its expiration.
4. Landmarks must be maintained to insure their structural soundness and
to assure their exterior preservation. Ordinary repair and maintenance is exempt
from review by the Landmark Commission and the provisions of this section, as are
emergency measures authorized by the Building Inspection Division to protect the
health, safety, and public welfare. Ordinary repair and maintenance is defined as
any work for which a building permit is not required, where the purpose of the work
is to correct any damage or deterioration and where such work will not noticeably
change the exterior appearance of any part of the Landmark.
Section VI. CRITERIA. To preserve the integrity of historical districts or
landmarks that may be designated by the City Council, the following design criteria
shall be used to compare and evaluate individual structures presented for design
review. The intent of these criteria is to assure the preservation of the archi-
tectural and historic character of the structures located within the historical
district or landmark. The criteria provide guidelines for the restoration of
existing structures and assure that new construction will blend with the existing
character of the area.
1. Design criteria used to compare and evaluate existing structures for
rehabilitation within a designated historical district or landmark include the
following:
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a. Every reasonable effort shall be made to provide a compatible use for
a property which requires minimal alteration of the building, structure, or site
and its environment, or to use a property for its originally intended purpose.
b. The distinguishing original qualities or character of a building,
structure, or site and its environment shall not be destroyed. The removal or
alteration of any historic material or distinctive architectural features shall be
prohibited.
c. All buildings, structures, and sites shall be recognized as products
of their own time. Alterations that have no historical basis and which seek to
create an earlier appearance shall be discouraged.
d. Changes which may have taken place in the course of time are evidence
of the history and development of a building, structure, or site and its environment.
These changes may have acquired significance in their own right, and this signifi-
cance shall be recognized and respected.
e. Distinctive stylistic features or examples of skilled craftmanship
which characterize a building, structure, or site shall be treated with sensitivity.
f. Deteriorated architectural features shall be repaired rather than
replaced, wherever possible. In the event replacement is necessary, the new material
should match the material being replaced in composition, design, color, texture and
other visual qualities. Repair or replacement of missing architectural features
should be based on accurate duplications of features, substantiated by historic,
physical, or pictorial evidence rather than on conjectural designs or the availa-
bility of different architectural elements from other buildings or structures.
g. The surface cleaning of structures shall be undertaken with the gentlest
means possible. Sandblasting and other cleaning methods that will damage the historic
building materials shall not be undertaken.
h. Every reasonable effort shall be made to protect and preserve archeo-
logical resources affected by, or adjacent to any project.
i. Contemporary design for alterations and additions to existing pro-
perties shall not be discouraged when such alterations and additions do not
destroy significant historical, architectural or cultural material, and such
design is compatible with the size, scale, color, material and character of the
property, neighborhood or environment.
j . Whenever possible, new additions or alterations to structures shall
be done in such a manner that if such additions or alterations were to be removed
in the future, the essential form and integrity of the structure would be unimpaired.
2.Design criteria used to compare and evaluate new construction within
a designated historical district or landmark include the following:
a. Buildings should be constructed to a height within ten (10) per
cent of the average height of existing adjacent buildings.
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b. The relationship between the width and the height of the front
elevation and the width to height of windows and doors, should be consistent with
other buildings in the area.
c. Rhythm, or the ordered recurrent alteration of strong and weak elements
of the masses to openings should be considered.
d. Materials should be consistent with existing structures within the
area in design, color, texture, and other visual qualities.
e. Architectural detail should be consistent with existing structures
within the area. Detail may include the selection of cornices, arches, quoins,
balustrades, wrought iron work, chimneys or roof shape.
f. The selection of a particular quality and quantity of landscaping
should be in continuity with the surrounding area.
3. Design criteria for general use throughout a designated historical
district or landmark include the following:
a. Signs.
(1) Graphic designs or individual letter mounted or placed directly on
the face of a building are generally a preferred sign type.
(2) Carefully designed signs on boards or plaques mounted flush with
the side of the building are generally a preferred sign type.
(3) Simplicity and restraint in the selection of materials and lighting.
Wood, wrought iron, and steel are preferable to plastics and extruded aluminum.
Lighting achieved by flood or projected light or exposed globes is preferred to
back lighting. Signs with rotating, blinking, or other features that appear to be
moving are prohibited.
b. Sidewalks and curbs, constructed with an adequate barrier free, and
aesthetic manner providing an efficient and convenient system for pedestrian
movement are encouraged. Street furniture for comfort and convenience and aesthe-
tically pleasing street hardware including pedestrian scale lighting fixtures and
intensities are encouraged.
c. Parking and loading. Off-street parking and loading facilities have an
efficient functional relationship to the overall circulation system. The enhance-
ment of the aesthetic quality of off-street parking and loading facilities with
unobtrusive and appropriate screening and landscaping is encouraged.
Section VII. APPEAL. Any person who is aggrieved by a ruling or action of
the Landmark Commission under the provisions of this ordinance may, within thirty
(30) days after the ruling, appeal to the City Council by filing written notice
with the City Clerk.
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Section VIII. COMPLIANCE. The Building and Code Administrator shall regu-
larly inspect the exterior of Landmarks, and any work on a Landmark, and landmarks
with Pending Designation status, to assure compliance with this ordinance. In
the event work is performed without or contrary to the provisions of this ordinance,
the Building and Code Administrator or his designate shall immediately stop any
work, such order which shall institute immediately an appropriate action or pro-
ceeding to prevent any further unlawful action, and the unauthorized work must be
corrected to meet conditions established by the Landmark Commission. Should the
Landmark's structural soundness and exterior preservation begin to deteriorate
from neglect, the Building and Code Administrator shall notify the Landmark Commis-
sion and proper action taken.
Section IX. DESIGNATED WICHITA FALLS LANDMARKS AND DISTRICTS. A historic
district, to be known as the Depot Square Historic District, is hereby established,
to consist of the following area:
Beginning at the northeast corner of Seventh Street
and Indiana Avenue;
Thence northwesterly along the east right-of-way
line of Indiana Avenue one hundred (100) feet;
Thence easterly along southerly lot line of Lot 10,
Block 152, Lot 5, Block 152 to the easterly right-
of-way line of Ohio Avenue;
Thence southerly along the easterly right-of-way
line of Ohio Avenue to the northeast corner of
Ohio Avenue and Seventh Street;
Thence northeasterly along the southerly line of
Block 153 and the northerly right-of-way line of
Seventh Street to the southeasterly corner of Lot 7,
Block 153;
Thence southerly crossing Seventh Street to the
northeasterly corner of Block 162;
Thence southeasterly along the easterly line of Block
162 to its southeast corner;
Thence across Eighth Street to the northeasterly
corner of Block 177;
Thence along the easterly line of Block 177, one
hundred (100) feet to the southeast corner of Lot
2, Block 177;
Thence southwesterly along the southerly line of
Lot 2, Block 177, across a twenty (20) foot alley to
the southeast corner of Lot 13, Block 177;
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Thence southwesterly along the southerly lot line
of Lot 13, Block 177 to the easterly right-of-way
line of Ohio Avenue, across said right-of-way to the
southeast corner of Lot 2, Block 176;
Thence southerly along the easterly line of Block
176 fifty (50) feet to the southeast corner of Lot 3,
Block 176;
Thence southwesterly along the southerly lot line of
Lot 3, Block 176 to the southwest corner of said lot;
Thence across a twenty (20) foot alley to the south-
east corner of Lot 12, Block 176;
Thence northerly along the easterly lot lines of Lots
12, 13, and 14, Block 176, to the southerly right-of-
way line of Eighth Street;
Thence northerly across Eighth Street to the south-
erly line of Block 163, the southeast corner of Lot
8, Block 163;
Thence northerly along the easterly line of Lots 8,
9, 10, 11, and 12, to the southeast corner of Lot 13,
Block 163; •
Thence southwesterly along said lot line seventy-
five (75) feet to a point;
Thence northwesterly to a point in the north lot line
of Lot 14, Block 163, said point being seventy-five
(75) feet southwesterly along the northerly lot line
of Lot 14, from the northeast corner of Lot 14, Block
163;
Thence southwesterly along said lot line to the north-
west corner of Lot 14, Block 163 which is also the
southeast corner of Indiana and Seventh Street;
Thence northerly across Seventh Street to the place
of beginning, all being in the original townsite.
In addition, the Depot Square Historical District
shall include any structure walls abutting Seventh
Street on Lots 7 and 8, Block 153, abutting Ohio
Avenue on Lots 8 and 9, Block 153, abutting the
alley on Lots 8 through 12, Block 163, abutting
Seventh Street on Lot 14, Block 163, abutting the
alley on Lots 12 through 14, Block 176, all in the
original townsite.
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2. Memorial Auditorium at 1300 7th Street, further described as Lots 1
and 2, Block 238, Original Townsite, is hereby designated as a Wichita Falls
Landmark.
3. Kell House at 900 Bluff, further described as Lot 1 and the north 70.67
feet of Lot 2, Block 235, Original Townsite, is hereby designated as a Wichita
Falls Landmark.
4. First United Methodist Church at 909 10th Street, further described as
Lots 8, 9 and 10, Block 192, Original Townsite, is hereby designated as a Wichita
Falls Landmark."
SECTION 2. SEVERABILITY. The provisions of this ordinance are severable.
If any provision of this ordinance or the application thereof to any person or
circumstances are held to be invalid or unconstitutional, the remainder of this
ordinance shall nevertheless be valid.
SECTION 3. DATE OF EFFECTIVENESS. There exists a public emergency that
this ordinance shall take effect immediately upon its passage.
SECTION 4. The Municipal Code Corporation is authorized and directed to
incorporate this ordinance in the Code of Ordinances and to appropriately renumber
the sections of this ordinance. Sec. 1-5 of the Code of Ordinances, the general
penalty section, shall apply to this section.
PASSED AND APPROVED THIS THE c .1%,, day of jilt./_G1.„, , 1984.
M A Y O R
ATTEST: • 41(0e///1:21;;;;°2
P-A-14_)eL• r--Aei--n-64,a2
CITY CLERK
•
Affidavit of Publication
THE STATE OF TEXAS
COUNTY OF WICHITA
(Paste Clipping Here)
ORDINANCE NO.23-84
AN ORDINANCE AMENDING On this 18 day of April
SECTION 2-160.7(2)(c)OF THE
CODE OF ORDINANCES,CITY OF
WICHITA FALLS,TEXAS,TO ADO A 19 8 4 D personally appeared before me,the undersigned authority
A SUBSECTION (iii) DESIGNAT-
ING THE FIRST UNITED
METHODIST CHURCH AS A Toni Belvedere bookkeeper
WICHITA FALLS LANDMARK
ORDINANCE NO.24-84
ORDINANCE MAKING AN AP-
PROPRIATION FROM THE COM-
MUNITY DEVELOPMENT BLOCK for the Times Publishing Company of Wichita Falls. publishers of the Wichita Falls
GRANT FUND TO ACCOUNT •
NUMBERS LISTED BELOW, AND Record News, a newspaper published at Wichita Fails in Wichita County,Texas.and
DECLARING AN EMERGENCY
ORDINANCE NO.25-84 ORDINANCE CLOSING HEAR- upon bein g duly by dul sworn b me,on oath states that the attached,advertisement is a true
ING AND FINDING CERTAIN ONE(1) issues
BUILDINGS AND/OR STRUC- and correct copy of advertising published in
TURES TO BE DANGEROUS,
COMMANDING PROPERTY
OWNERS TO REPAIR, VACATE, thereof on the following dates:
OR DEMOUSH SAID BUILDINGS
AND/OR STRUCTURES WITHIN
• THIRTY(30)DAYS OF THE DATE April ��
OF THIS ORDINANCE AND
DECLARING AN EMERGENCY.
ORDINANCE NO.26-84
AN ORDINANCE WIAVING SEC- r u �' •i, :/�;'
TION 9L(4),APPENDIX A,CODE s :
OF ORDINANCES (COM-
PREHENSIVE SUBDIVISION OR- 1 Bookkeeper for Times Publishing Company
DINANCE NO.2118)TO ALLOW of Wichita Falls
A LOT WITHOUT PUBLIC STREET
FRONTAGE TO BE PLATTED FOR
PROPOSED LOT 3, BLOCK 1,
HIGHLAND ADDITION,WICHITA Subscribed and sworn to before me this the day and year first above written.
FALLS,TEXAS
ORDINANCE NO.27-84
. ORDINANCE MAKING AN AP-
PROPRIATION FROM THE BOND
l FUND TO ACCOUNT NUMBERS
LISTED BELOW,AND DECLARING /a/ /y� S/f
/'C
AN EMERGENCY.
ORDINANCE NO.28-84
AN ORDINANCE AMENDING',. . ORDINANCE NO.30-84 ORDINANCE NO.32-84
CHAPTER 28, TAXATION, OF ORDINANCE WAIVING SEC- AN ORDINANCE AMENDING
THE CODE OF ORDINANCES,1 • ' ;!!'';j TION 25-14 OF THE CODE OF ARTICLE IV, DIVISION 5,
CITY OF WICHITA FALLS,TEXAS, ORDINANCES TO ALLOW A PUB- CHAPTER 2 OF THE CODE OF
BY ADDING ARTICLE III .: ',...:3 '..."-"9-35 -LIC DANCE AT THE 4-H BARN ORDINANCES RELATING TO THE
PERTAINING TO TAX FREEZE ON MIDWESTERN PARKWAY INDENTIFICATION AND PRESER-
FOR HISTORIC PRESERVATION: ON MARCH 31, 1984 VATION OF HISTORIC LAND-
""PRODIVING A SEVERABILITY I ORDINANCE NO.31-84 MARKS IN WICHITA FALLS;DES-
CLAUSE: AND DECLARING AN III ORDINANCE REMOVING IGNATING CERTAIN LAND-
EMERGENCY ASSESSMENT AND LIENS FROM MARKS, PROVIDING A SEVER-
ORDINANCE NO.29-84 T H O M P S O N ROAD RE- ABILITY CLAUSE: AND DECLAR-
ORDINANCE WAIVING SEC CONSTRUCTION PAVING PRO- ING AND EMERGENCY
SEC-
TIONS 4-15 AND 4-24 OF THE
CODE OF ORDINANCES TO 1 JECT(Project 83-2) ORDINANCE NO.33-84
AN ORDINANCE MAKING AN
ALLOW SALE OF BEER AT 4-H APPROPRIATION FROM THE
BARN,MARCH 31, 1984 WATER AND SEWER FUND TO
ORDINANCE NO.30-84 ACCOUNT NUMBERS LISTED
ORDINANCE WAIVING SEC- BELOW, AND DECLARING AN
TION 25-14 OF THE CODE OF EMERGENCY