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Ord 3177 4/4/1977 . ORDINANCE NO. 3177 AN ORDINANCE INVOKING THE POLICE POWER OF THE CITY OF WICHITA FALLS AND DECLARING THAT NO FURTHER PERMITS SHALL BE ISSUED FOR THE CON- STRUCTION OF ANY CURB CUTS OR DRIVEWAYS OPEN- ING ONTO THAT PORTION OF THE EASTBOUND SECTION OF KELL BOULEVARD BETWEEN THE INTERSECTIONS OF KEMP BOULEVARD AND HOLLIDAY ROAD UNTIL SUCH TIME AS KELL FREEWAY PROPER IS COMPLETED AND OPEN TO THE PUBLIC. WHEREAS, due to the downscoping of the Kell Freeway Project by the State Department of Highways and Public Trans- portation, there will be an indeterminate period during which the present eastbound section of Kell Boulevard shall serve as a major arterial street with projected heavy traffic volumes; and, WHEREAS, in order to preserve and protect the public safety and welfare and in order to prevent the heavy volume of traffic on the Eastbound section of Kell Boulevard from being impeded by traffic entering said street from a poten- tially large number of curb cuts and driveway openings, it is hereby deemed necessary by the Board of Aldermen of the City of Wichita Falls to invoke the police power of said City and hereby declare a prohibition on the issuance of any further construction permits for curb cuts or driveways upon a certain portion of said eastbound section of Kell Boulevard. THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Section 1. No permits shall be issued by the City of Wichita Falls for construction of any curb cut or driveway opening onto that portion of the eastbound section of Kell Boulevard which lies between Kemp Boulevard and Holliday Road; provided, that should one of the following conditions be found to exist upon appropriate investigation by the Traffic Engineer of the City, then a construction permit for a curb cut or driveway opening shall be issued within the boundaries of the section described herein. Those conditions which will authorize the issuance of a construction permit for a curb cut or driveway opening are: (a) the property which is to be served by the curb cut has a peak hour traffic volume in excess of one hundred (100) vehicles per hour in one direction during at least ten (10) peak hours per week; and, (b) the property which is to be served by the curb cut shall have an establishment that has a parking lot area that contains a minimum of three hundred (300) vehicular parking stalls; and, (c) the property which is to be served by the curb cut shall have a minimum of three hundred (300) feet of frontage along the Kell Boulevard south right-of-way line. Section 2. This ordinance shall remain effective and be enforced until such time as Kell Freeway (U. S. 82-277) is completed and opened to the public or this ordinance is amended. PASSED AND APPROVED this the 4th day of April, 1977. Y O R� ATTEST: City Clerk - 2 1