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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enforcement of land use restrictions to the location and use of mobile homes, which ordinance was to be automatically repealed on April 20 , 1985; and, WHEREAS, on April 5 , 1980 , the voters of Wichita Falls defeated a Comprehensive Zoning Ordinance, as a result of which it is deemed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