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Ord 3167 3/1/1977 ORDINANCE NO. 3167 AN ORDINANCE WAIVING. FRONTAGE REQUIREMENTS ON CERTAIN PROPOSED LOTS IN PORTIONS OF THE PROPOSED MIDWESTERN PARK ADDITION TO THE CITY OF WICHITA FALLS, TEXAS, ABUTTING PROPERTY CURRENTLY OWNED BY TEXAS ELECTRIC SERVICE COMPANY, AND DECLARING AN EMERGENCY. WHEREAS, the owner of certain proposed lots in a portion of the proposed extension to the Midwestern Park Addition have requested that the frontage requirements contained in Section 9 (L) (4) of Ordinance No. 2118 on said lots be waived to the extent hereafter specified; and, WHEREAS, the Planning Board of the City of Wichita Falls has recommended to the Board of Aldermen that said waiver be granted under certain conditions. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: SECTION 1. Section 9 (L) (4) of Ordinance No. 2118 requiring that each lot shall front on a public street be, and it is hereby, waived for those lots abutting the Texas Electric Service Company property which lies adjacent to the west property line of the proposed extension of Midwestern Park Addition (and with such lots being those extending south from East Elliott Street to the north boundary line of the property presently owned by Skaggs-Albertson' s) , which lots do not front on any public street, subject to the following conditions, to-wit: (1) That access across that property now owned by Texas Electric Service Company from Kemp Boulevard be obtained from the owner of such property for each curb cut before final platting of the particular lot in question. (2) No more than a total of five curb cuts shall be permitted on the east side of Kemp Boulevard from East Elliott Street to the proposed East Montgomery Place and no more than one such curb cut shall be allowed per platted lot. (3) No more than a total of six curb cuts shall be permitted on the east side of Kemp Boulevard from the pro- posed East Montgomery Place Street to the north boundary line of the property presently owned by Skagga-Albertson' s and no more than one such curb cut shall be allowed per platted lot. (4) Any future streets other than East Montgomery Place which intersect Kemp Boulevard on the east and within the area from East Elliott Street to the north boundary of the Skaggs- Albertson' s property shall be considered as a "curb cut" allowable under items (2) and (3) hereof. (5) That the specific location of all such curb cuts in such area from East Elliott Street to the north boundary of the Skaggs-Albertson' s properties shall be approved jointly by the Planning Department and Traffic Department of the City of Wichita Falls and none of such curb cuts shall exceed 35 feet in width without the prior joint approval of such departments, also. (6) The authority to make any of the access openings provided for in this ordinance shall not be granted until the developer furnishes the City a surety bond or other security sufficient to cover the cost of constructing a left turn storage bay in the Kemp Boulevard median to serve south-bound traffic; the amount of such security shall be established by the Director of Public Works in accordance with current construction costs, and would include only normal costs for construction of such left turn storage bay construction, exclusive of any drainage improvements. The location of such left turn storage bay shall be determined by the Director of Traffic, based on studies of turning movement volumes, traf- fic flow patterns and other safety considerations. SECTION 2. The fact that this is a fast growing com- mercial section of the subdivision, and that the proposed commercial lots cannot be platted and sold without the waiver of such frontage requirement, and delays in the development of the property will result in substantial monetary loss to - 2 both the seller and buyer, creates an emergency, and it is hereby declared that this ordinance is an emergency measure, and this ordinance shall go into effect immediately upon its passage. PASSED AND APPROVED this the 1st day of March , 1977. - 7/ /1',9 A Y O ATTEST: City Clerk - 3 -