Ord 3456 4/24/1979 Y
ORDINANCE NO. 1
A TEMPORARY ORDINANCE AUTHORIZING THE CITY
TO FILE SUIT TO ENFORCE LAND USE RESTRICTIONS.
WHEREAS, because of the damage and destruction caused
by the April 10, 1979, tornado, it is deemed advisable and
necessary to authorize the City to enforce land use restric-
tions, as provided for in Article 974a-1, Revised Civil
Statutes of Texas, for a temporary period of time.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN
OF THE CITY OF WICHITA FALLS, TEXAS, THAT:
SECTION 1. The legal department of the City is hereby
authorized to file suit or become a party to a suit on behalf
of the City in any court of competent jurisdiction to enjoin
or abate violation of a restriction contained or incorporated
by reference in a duly recorded plan, plat, replat or other
instrument affecting a subdivision inside the city limits,
which restriction protects or tends to protect the residential
character of the neighborhood where the subject property is
situated; provided, however, that after a careful investiga-
tion of the facts and of the law, or either, if in the opinion
of the City Attorney no legal cause of action could be alleged
and proved, then in such event, the City shall not file or
become a party to a suit.
SECTION 2. The word "restriction" , as used in this
ordinance, means a limitation which affectsthe use to which
real property may be put, fixes the distance buildings or
structures must be set back from property lines, street lines,
or lot lines, or affects the size of a lot or the size, type
and number of buildings or structures which may be built on
the property.
SECTION 3. The City shall uniformly apply and enforce
this ordinance to all property and citizens within the City.
SECTION 4. This ordinance shall be automatically
repealed 360 days after the date of its adoption, unless
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the Board of Aldermen extends it beyond that time.
SECTION 5. The damage and destruction of residential
property by the April 10, 1979, tornado creates an emergency,
and this ordinance is declared to be an emergency measure
which shall become effective upon its passage.
PASSED AND APPROVED this the �tt2L day of April 1979.
J
A Y O R
ATTEST:
V1W2s2 L
City Clerk
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