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Ord 3648 4/15/1980 tf- q 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s enforcement of land use restrictions to the location and use of mobile homes, which ordinance was to be automatically repealed on April 20, 1980; and, WHEREAS, on April 5, 1980, the voters of Wichita Falls defeated a Comprehensive Zoning Ordinance, as a result of which it is deemed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