Ord 59-85 5/21/1985 ORDINANCE NO. j9
ORDINANCE REPEALING ORDINANCE NOS . 3456 , 3490 AND
3648 , AUTHORIZING THE CITY TO FILE SUIT TO ENFORCE
LAND USE RESTRICTIONS; PROVIDING FOR AN EMERGENCY;
REPEALING ORDINANCES NO. 3457 AND 3647 CONCERNING
BUILDING PERMITS.
WHEREAS, because of the widespread damage and destruction of
residential property by the April 10 , 1979 , tornado, coupled with
the fact that the City of Wichita Falls had no Comprehensive
Zoning Ordinance, the Board of Aldermen on April 24 , 1979 , adopted
Ordinance No. 3456 , which authorized the City to file suit to
enforce land use restrictions for a period of 360 days after the
date of its adoption; and,
WHEREAS, on May 22 , 1979 , the Board of Aldermen adopted
Ordinance No . 3490 which amended Ordinance No. 3456 to expand the
City 's enforcement of land use restrictions to the location and
use of mobile homes, which ordinance was to be automatically
repealed on April 20 , 1985; and,
WHEREAS, on April 5 , 1980 , the voters of Wichita Falls
defeated a Comprehensive Zoning Ordinance, as a result of which
it is deemed advisable and necessary to authorize the City to
enforce land use restrictions , as provided for in Article 974a-1,
Revised Civil Statutes of Texas, primarily to protect the residen-
tial character of residential neighborhoods; and,
WHEREAS, on April 23 , 1985 , the City Council adopted Ordinance
No. 38-85 , a Comprehensive Zoning Ordinance, which shall become
effective May 23 , 1985 ; and,
WHEREAS, Article 974.a-1 authorizes an incorporated city,
town or village to sue in any court of competent jurisdiction to
enjoin or abate violation of a restriction contained or incor-
porated by reference in a duly recorded plan, plat, replat or
other instrument affecting the subdivision inside the city limits,
so long as such city, town or village does not have a comprehensive
zoning ordinance; and,
WHEREAS, when the zoning ordinance becomes effective, the
City Attorney' s office will no longer have the authority to sue
to abate or enjoin private land use restrictions contained in
plats, but only to complete actions pending and to insure enforce-
ment of judgments heretofore obtained; and,
WHEREAS, the fact that the zoning ordinance will become
effective in less than thirty (30) days following passage of
this ordinance creates a need to declare an emergency and to
declare that this ordinance shall become effective on May 23 , 1985 .
L
I -
WHEREAS, the Board of Aldermen also adopted Ordinances
Nos . 3457 and 3647 , which provided that, for other than single-
family residences, no building permit was to be issued by the
City for a building prohibited by deed restrictions , and it is
found that these ordinances should also be repealed.
NOW, THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF WICHITA FALLS , TEXAS, THAT:
SECTION 1 . Ordinances Nos . 3456 , 3490 , 3648 , 3457 , and 3647
are hereby repealed in their entirety and are of no force and
effect.
SECTION 2. Provided, however, that the City Attorney' s office
is authorized where otherwise allowed by law to complete actions
pending and to insure enforcement of judgments heretofore obtained
under these ordinances .
SECTION 3 . As the comprehensive zoning ordinance will
become effective on May 23 , 1985 , it is implicitly required that
this ordinance be declared to be an emergency measure which
shall become effective on May 23 , 1985 .
PASSED AND APPROVED this the 21st day of May, 1985 .
M Y 0 R
ATTEST :
44 LC z ` /�/j
Cit ' Clerk
- 2 -
Affidavit of Publication
ORDINANCE NO.42-85
ORDINANCE AMENDING,
SUBSECTION(102.5)OF ORDI- THE STATE OF TEXAS
NANCE NO.2733,THE PLUMB-
ING CODE, TO CHANGE THE COUNTY OF WICHITA
NUMBER AND COMPOSITION
OF THE PLUMBING ADVISORY Here)
BOARD MEMBERS.
ORDINANCE NO.43-85 2 5th June
ORDINANCE 4-211(C) AND SECTION On this , day of
14-23(0)OF THE CODE OF OR-
1985 8 5
DINANCES TO REDUCE TO
NINETY (90) DAYS THE WAIT- • • ••• •• •• personally appeared before me, the undersigned authority
ING PERIOD BEFORE AN ELEC-
TRICIAN'S EXAMINATION MAY Katherine H. Parrish bookkeeper
BE OVER
ORDINANCE..NO.44-85
ORDINANCE CLOSING HEAR- -
ING AND, FINDING CERTAIN
BUILDINGS AND/OR STRUC-
for the Times Publishing Company of Wichita Falls, publishers of the
;
TURES TO BE DANGEROUS:
COMMANDING PROPERTY Wichita Falls Record News, a newspaper published at Wichita Falls in
OWNERS TO REPAIR OR DE-';
MOLISH SAID BUILDINGS!AND/OR STRUCTURES WITHIN 1 Wichita County. Texas, and upon being duly sworn by me, on oath states
I THIRTY(30)DAYS OF THE DATE i
OF THIS ORDINANCE AND that the attached,advertisement is a true and correct copy of advertising
DECLARING AN EMERGENCY. One 1
AN ORDINANCE CLOSING,VA-
ORDINANCEC0.45 published in_ issues thereof on the following
CATING,AND ABANDONING A
PORTION OF A UTILITY EASE- ` dates
MENT IN LOT 6, BLOCK 8, June 20, 1985
TANGLEWOOD HOLLOW, SEC- I -
TION E,WICHITA FALLS,TEXAS.
ORDINANCE NO.46-85
AN ORDINANCE CLOSING,VA- /p��
CATING,AND ABANDONING A IL '?� �l_!/n�?-/ 1 i' ,4-4./
UFT STATION IN BLOCK 2, 1
TANGLEWOOD SITE
HOLLOWSEC-
TION F-2, WICHITA FALLS, Bookkeeper for Times Publishing Company
TEXAS,AND RETAINING A UTIL- of Wichita Falls
ITY EASEMENT.
I ORDINANCE NO.47-85
ORDINANCE AMENDING Subscribed and sworn to before me this the day and year first above
EXHIBITS A AND B ORDI-
NANCE EAL) written.
NANCE NO. 37-85,, WHICH
ADOPTED A SYSTEM OF REP-
RESENTATION BASED ON
SINGLE-MEMBER DISTRICTS
AND A MAYOR AND ONE T
COUNCILMAN AT-LARGE. .
ORDINANCE NO.48-85
ORDINANCE APPROVING
AGREEMENT WITH WILLIAM L. Avis
HARALSON & ASSOCIATION, I. ub Texas
INC.FOR A FEASIBIUTY STUDY y P lle,
FOR A CONVENTION ini�s. _.... ireB,
CENTER/CIVIC CENTER COM-
,cm
PLEX, AND APPROPRIATING
S20,000 FROM HE
HOTEL/MOTEL FUND TOT AC-
COUNT NO. 26-052.4430 TO
PAY FOR SUCH STUDY. ORDINANCE NO.53-85 ORDINANCE NO.57-85
ORDINANCE NO.49-85 AN ORDINANCE REPLEAING ,, AN ORDINANCE CLOSING, VA-
ORDINANCE AMENDING PARR- SECTIONS 30-1(a)AND 30-2 OF CATING AND ABANDONING A
GRAPH CODE E OF ORDINANCES NCES THE CITY OF WICHITA FALLS 17.5 FEET BY 160 FEET UTILITY
1 TO INCLOSE THE ORDINANCES CODE OF ORDINANCE NO. I EASEMENT IN LOT 12,BLOCK 1,
TO INCREASE THE SPEED LIMIT 39-84; AND DECLARING AN TANGLEWOOD, SECTION B,
FOR TRAINS ACROSS THE EMERGENCY WICHITA FALLS,TEXAS
SEVENTH STREET CROSSING ,FROM EIGHT MILES PER HOUR ORDINANCE NO.54-85 ! ORDINANCE NO.58-85
TO TWENTY MILES PER HOUR. AN ORDINANCE REPLEAING I AN ORDINANCE CLOSING,VA-
ORDINANCE NO.50-85 SECTION 7-3,SECTION 7-15(1), CATING AND ABANDONING A
AN ORDINANCE WAIVING THE SECTION 7-15(1.1), SECTION SEVEN AND ONE HALF (7.5)
7-15(6), SECTION 7-15(14.2), FOOT WIDE UTILITY EASEMENT
MINIMUM BUILDING SETBACK SECTION 7-15(16), AND SEC- IN LOT 1-C,BLOCK 3,SECTION
REQUIREMENTS ALONG BROOK I I TION 7-15(18)OF THE CITY OF j 3 LYNWOOD WEST SUB-
AVENUE FOR LOT 5-A, BLOCK I !WICHITA FALLS CODE OF ORDI- DIVISION, WICHITA FALLS,
22, SOUTHLAND ADDITION, NANCES,AND SECTION 2301.1
WICHITA FALLS,TEXAS OF THE STANDARD BUILDING ORDINANCE NO.59-85
ORDINANCE NO.51-85 CODE, AND DECLARING AN ORDINANCE REPLEALING ORDI-
AN ORDINANCE AMENDING EMERGENCY NANCE NOS.3456,3490,AND
CHAPTER 2, ARTICLE IV, ORDINANCE NO.55-85 3648, AUTHORIZING THE CITY
DIVISION 1 OF THE CITY OF AN ORDINANCE WAIVING THE TO FILE SUIT TO ENFORCE LAND
WICHITA FALLS CODE OF ORDI- RESIDENTIAL PROPERTY USE RESTRICTINGS;PROVIDING
NANCES CHANGING THE PLAN- OWNER'S SIGNATURE REQUIRE- FOR AN EMERGENCY; REPEAL-
NING BOARD TO THE PLAN- MENT FOR AN OFF-PREMISE AL- LNG ORDINANCES NO. 3457
NING AND ZONING COM- COHOLIC BEVERAGE LICENSE AND 3647 CONCERNING BUILD-
MISSION, AND DECLARING AN FOR THE 9TH STREET FOOD ING PERMITS.
EMERGENCY I STORE ORDINANCE NO.60-85
ORDINANCE NO.52-85 ORDINANCE NO.56-85 ORDINANCE ESTABLISHING
AN ORDINANCE REPI.EAUNG AN ORDINANCE CLOSING,VA- ALLEY PAVING PROGRAM
CERTAIN SECTIONS OF APPEN- ' CATING AND ABANDONING A 1 PROCEDURE
DIX A,OF THE CITY OF WICHITA TWENTY(20)FOOT WIDE ALLEY
FALLS CODE OF ORDINANCES LYING BETWEEN LOT 15 AND
(COMPREHENSIVE SUB- LOTS 16-18,BLOCK 3,SIKES ES-
DIVISION ORDINANCE NO. L TATES, SECTION G, WICHITA
2118) WHICH CONFUCT WITH I FALLS,TEXAS,AND RETAINING
THE ZONING ORDINANCE,AND I AN UTILITY EASEMENT
DECLARING AN EMERGENCY
ORDINANCE NO.53-85
AN ORDINANCE REPLEAING
cFCTIONS 30-1(a)AND 30-2 OF