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Ord 2386 1/22/1968 AIL ORDINANCE NO. a2�O CJ AN ORDINANCE AMENDING PARAGRAPH L OF SECTION 3 AND PARAGRAPH M OF SECTION 9 AND PARAGRAPH L OF SECTION 10 OF ORDINANCE NO. 2118 OF THE ORDINANCES OF THE CITY OF WICHITA FALLS, TEXAS, DEFINING SUBDIVISIONS AND REQUIRING HEREAFTER EVERY OWNER OF ANY TRACT OF LAND SITUATED WITHIN THE CORPORATE LIMITS OR WITHIN FIVE MILES OF THE CORPORATE LIMITS OF WICHITA FALLS, TEXAS WHO MAY HEREAFTER DIVIDE THE SAME IN TWO OR MORE PARTS SHALL CAUSE A MASTER PLAT TO BE MADE THEREOF WHICH SHALL ACCURATELY DESCRIBE ALL OF SAID TRACTS, SUBDIVISIONS OR ADDITIONS BY METES AND BOUNDS AND LOCATE THE SAME WITH RESPECT TO AN ORIGINAL CORNER OF THE ORIGINAL SURVEY OF WHICH IT IS A PART, PRO- VIDING FOR A TEMPORARY PERMIT DURING CONSTRUCTION AND OR FOR A PERIOD OF 100 DAYS, PROVIDING A FINE FOR VIOLATIONS AND DECLARING AN_. EMERGENCY. BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: SECTION 1. Paragraph L of Section 3 of Ordinance No. 2118 of the Ordinances of the City of Wichita Falls, Texas is hereby amended so that such Paragraph shall read as follows: "L. Subdivision. A "subdivision" is the division of any tract of land situated within the corporate limits, or within five miles of such limits, into two or more parts. Subdivision includes re-sub- division. SECTION 2. Paragraph M of Section 9 of Ordinance No. 2118 of the Ordinances of the City of Wichita Falls, Texas, is hereby amended so that such Paragraph shall read as follows: "M. Plats required. Hereafter every owner of any tract of land situated within the corporate limits, or within five miles of the corporate limits of Wichita Falls, Texas, who may hereafter divide the same into two or more parts, shall cause a master plat to be made thereof. The master plat shall be required whether the owner or someone acting for the owner divides the land or sells or gives away a portion of his land. This master plat shall accurately describe all of said tracts, subdivisions or additions by metes and bounds and locate the same with respect to an original corner of the original survey of which it is a part, giving the dimensions thereof of said tracts, subdivisions, or additions, and dimensions of all streets, alleys, squares, parks or other portions of same intended to be dedicated to public use or for the use of purchasers or owners of lots fronting thereon or adjacent thereto. SECTION 3. Paragraph L of Section 10 of Ordinance No. 2118 of the Ordinances of the City of Wichita Falls, Texas is hereby amended so that such paragraph shall read as follows: "L. Withholding Improvements Until Plat Approved. The City shall withhold all city improvements of whatsoever nature including the furnishing of sewage facilities and water service from all subdivisions, which have not been approved as provided by law and further, no permit shall be issued by the building inspector of the City on any piece of property other than an original or a re-subdivided lot in a duly approved and recorded subdivision, except the building inspector may issue a temporary connection of utilities permit for construction purposes and only during the time of actual construction on unplatted tracts of land if the owner of such property will sign an agreement stating that he will forthwith start proceedings to have such property approved and platted in accordance with these regulations and further acknowledge his understanding that a certificate of occupancy and a permanent permit for connection of public utilities shall be withheld until the platting of such property has been so approved and recorded. THE TEMPORARY PERMIT SHALL AUTOMATICALLY TERMINATE WITHIN ONE HUNDRED (100) DAYS FROM ITS ISSUANCE DATE OR UPON COMPLETION OF CONSTRUCTION. THE MASTER PLAT MUST BE APPROVED AND RECORDED WITHIN ONE HUNDRED (100) DAYS FROM THE TEMPORARY BUILDING PERMIT ISSUANCE DATE. The following is the procedure required for the owner of such property to follow before entering into a platting agreement: (a) Contact a licensed land surveyor or registered professional engineer, and cause a preliminary plat of the property to be prepared. (b) Cause a reproducible sepia and nine (9) copies of this preliminary plat to be delivered to the Secretary of the Planning Commission for circulation to various City depart- ments for their review and approval. (c) Cause an Abstractor's or Lawyer's Certificate of Ownership to be prepared and furnished to the City Planner. (d) Cause a dedication instrument to be prepared covering the dedication of property for public use, as determined by existing ordinances of the City. All lienholders of record shall be required to subordinate their lien on the property dedicated for public use. These instruments shall be placed in the custody of the City Planner to be recorded by said City Planner in the County Clerk's office of Wichita County, Texas, in the event that the person executing a platting agreement fails to complete the platting process forthwith as agreed. (2) The building inspector shall not issue a platting agreement until he has received approval from the following departments: Planning, Engineering, Traffic, Water, Sewer, Park and Recreation SECTION 4. Any person who violates any provision of this ordinance shall be punished by a fine of not exceeding Two Hundred Dollars ($200.00). Each day any violation of this ordinance shall continue shall constitute a separate offense. SECTION 5. The fact that the existing rules and regulations governing the platting and subdivision of land are inadequate and effective rules are needed for the preservation of the public health, safety and welfare of the City of Wichita Falls, Texas and its citizens, creates an emergency that requires that this ordinance shall become effective immediately. PASSED AND APPROVED this the othleeday of /76, t AYRR\\ L l 0 A T T E S T: CITY CLERK