Ord 3648 4/15/1980 tf-
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ORDINANCE NO. G� /j
ORDINANCE AUTHORIZING THE CITY TO FILE SUIT
TO ENFORCE LAND USE RESTRICTIONS.
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to be automatically repealed on April 20, 1980; and,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 residential character of residential neighbor-
hoods.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN
OF THE CITY OF WICHITA FALLS, TEXAS, THAT:
SECTION 1. The Legal Department of the City is hereby
authorized to file suit or become a party to a suit on behalf
of the City in any Court of competent jurisdiction to enjoin
or abate violation of a restriction, as hereinafter defined,
contained or incorporated by reference in a duly recorded
plan, plat, replat or other instrument affecting a subdivision
inside the city limits; provided, however, that after a careful
investigation of the facts and of the law, or either, if in the
opinion of the City Attorney no legal cause of action could be
alleged and proved, then in such event, the City shall not file
4y
or become a party to a suit.
SECTION 2. The word "restriction" , as used in this
ordinance, means a limitation which affects the use to
which real property may be put, fixes the distance buildings
or structures must be set back from property lines, street
lines, or lot lines, or affects the size of a lot or the
size, type and number of buildings or structures which may
be built on the property.
SECTION 3. The word "type" , as used in Section 2,
means a residential, retail, commercial or industrial type
building or structure, and shall also mean mobile homes.
A mobile home is defined as a structure, transportable
in one or more sections, which is 8 body feet or more in
width and is 32 body feet or more in length, and which is
built on a permanent chasis and designed to be used as a
dwelling with or without a permanent foundation when connect-
ed to the required utilities.
SECTION 4. The City shall uniformly apply and enforce
this ordinance to all property and citizens within the City.
SECTION 5. As the voters defeated the Comprehensive
Zoning Ordinance on April 5, 1980, deed restrictionscan
only be enforced by private parties after the expiration of
Ordinance No. 3456; enforcement of deed restriction by the
City is deemed necessary for the preservation of the peace,
health and safety of property of the City, and this is
declared to be an emergency measure which shall become effec-
tive upon the automatic termination of Ordinance No. 3456.
PASSED AND APPROVED this the 15th day of April, 1980.
M A Y O R
ATTEST:
City Clerk