Loading...
HomeMy WebLinkAboutOrdinance - 1797-1955 - Policy Requiring All Future Paving Of Alleys In City - 11/10/1955II-IO-I9' ORDINANCE NO. 1797 AN ORDINANCE ESTABLISHING THE POLICY OF REQUIRING THAT ALL FUTURE PAVING OF ALLEYS IN THE CITY OF LUBBOCK BY ABUT- TING PROPERTY OWNERS, THEIR AGENTS, SERVANTS, CONTRACTORS OR EMPLOYEES, SHALL BE OF THE CONCRETE SLAB TYPE OF CON- STRUCTION; ESTABLISHING AND ADOPTING STANDARD LAYOUT, DE- SIGN AND SPECIFICATIONS FOR PAVING OF ALLEYS IN THE CITY OF LUBBOCK; REQUIRING ALL ALLEY PAVING TO BE UNDER THE SUPER- VISION OF THE CITY ENGINEER; REQUIRING STREET AND/OR ALLEY USE PERMITS FOR CONSTRUCTION OF ALLEY PAVING, INCLUDING RE- QUIREMENTS FOR PERFORMANCE BONDS, PUBLIC LIABILITY AND PROPERTY DAMAGE INSURANCE AND INDEMNIFICATION OF THE CITY AGAINST DAMAGES OR LIABILITIES WHICH MAY RESULT FROM CON- STRUCTION OF ALLEY PAVING; PROVIDING THAT THE CITY OF LUB- BOCK MAY, AT THE OPTION OF ITS GOVERNING BODY, PARTICIPATE TO THE EXTENT OF TWENTY-FIVE (25%) PER CENT OF THE TOTAL ESTABLISHED COST OF THE ALLEY PAVING PROJECT ON THE BASIS OF THE MOST RECENT CITY CONTRACTS FOR SIMILAR TYPE OF CON- STRUCTION, PROVIDED APPROVAL FOR SUCH PARTICIPATION IS GRANTED PRIOR TO COMMENCEMENT OF CONSTRUCTION; PROVIDING EXCEPTION TO CITY PARTICIPATION ON PORTION OF ALLEY PAVING WHERE RAIL- WAY IS SITUATED IN ALLEY; PROVIDING THAT ABUTTING OWNERS SHALL PAY ENTIRE COST OF ALLEY PAVING WHEN PRIOR APPROVAL FOR CITY PARTICIPATION IS NOT SECURED; PROVIDING THAT ALL ALLEY PAV- ING, UPON ACCEPTANCE BY THE CITY, SHALL BECOME PROPERTY OF THE CITY OF LUBBOCK; PROVIDING A PENALTY; REPEALING ALL CON- FLICTING ORDINANCES; EXCEPTING THE CONSTRUCTION OF ALLEY PAV- ING BY THE CITY OF LUBBOCK FROM THE PROVISIONS OF THIS ORDIN- ANCE, BUT DECLARING A GENERAL POLICY THAT ALL PAVING OF AL- LEYS BY THE CITY SHALL BE IN ACCORDANCE WITH THE PROVISIONS OF THIS ORDINANCE, EXCEPT IN SPECIAL CASES WHEN PUBLIC INTER- EST REQUIRES VARIANCE; PROVIDING A SAVINGS CLAUSE; AND AUTHOR- IZING PUBLICATION OF DESCRIPTIVE CAPTION AND PENALTY CLAUSE. WHEREAS, the City Commission of the City of Lubbock finds that it would be in the public interest to establish the general policy that all pavement here- after constructed in any public alley in the City of Lubbock by abutting prop- erty owners, their agents, servants, contractors or employees, shall be of the concrete slab type of paving, constructed under the supervision of the City Engineer in accordance with standard layout, design and specifications adopted by the City of Lubbock and to prescribe conditions for city partici- pation in such alley paving projects, all for the protection and preservation of public property and in the interest of public safety; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK: SECTION 1. Statement of Policy. All pavement hereinafter constructed upon any public alley in the City of Lubbock by abutting property owners, their agents, servants, contractors or employees, shall be and the same is hereby required to be of the concrete slab type of pavement, constructed in accord- ance with the standard layout, design and specifications of the City of Lubbock for alley paving as hereinafter set forth and described in this ordinance. SECTION 2. Layout and Design. The standard design, layout and plans for the construction, reconstruction and/or replacement of all pave- ment for alleys in the City of Lubbock shall conform and be constructed ac- cording to the design, layout, plans and details shown by "ALLEY PAVING, CITY ENGINEER FILE NO. 2-D-99", which is hereby in all things adopted and approved, a copy of which is attached hereto and made a part of this ordinance, and marked exhibit "A"". SECTION 3. Specifications. The following specifications for the con- struction of alley paving in the City of Lubbock BE, and the same are hereby in all things approved, adopted and established as follows, to -wit: Page 2 SECTION 4. Supervision. All construction of alley paving in the City of Lubbock shall be under the supervision and direction of the City Engineer. SECTION 5. Street and/or Alley -Use Permit. It shall be unlawful for any person, firm or corporation to construct, reconstruct, alter, repair, remove or replace any paving on any public alley within the City of Lubbock without first having obtained from the City Engineer a Street and/or Alley - Use Permit for such construction, in full compliance with all of the provis- ions of any ordinance or part of ordinance of the City of Lubbock governing the issuance of all Street and/or Alley -Use Permits in said City, including all of the requirements thereof regarding the furnishing of performance bond, public liability and property damage insurance certificates, and indemnifi- cation of the City against all loss, damages, expenses or liability which may result in any manner from the construction of any such improvements. SECTION 6. City Participation in Cost of Alley Pavement. The City of Lubbock may, at the option of the City Commission, participate to the ex- tent of twenty-five (25%) per cent of the total established contract cost of any alley paving project, including engineering cost, such total established contract cost to be determined on the basis of the most recent contract price to the City for construction of the type involved, together with Engineering cost, provided, however, that approval for city participation in such alley paving project has been granted by the City Commission prior to the com- mencement of construction upon such project. When prior approval has been granted for city participation, the city shall make payment of its portion of the cost of the project to the abutting owners, or if the project is constructed under a contract, to the contractor, within thirty-one (31) days after final acceptance of the alley paving by the City Commission. No city participation shall be provided for that portion of any alley pavement that lies within 4 1/2 feet of the centerline of any railway track situated within an alley. Unless such prior approval for city participation has been secured, the total cost of the alley paving project shall be at the expense of the abutting owners. SECTION 7. Improvements to Become City Property Upon Acceptance. Any paving constructed hereunder upon any public alley In the City of Lub- bock, upon final acceptance by the City Commission, shall become the prop- erty of the City of Lubbock. SECTION 8. Penalty. Any person, firm or corporation who shall violate any of the provisions of this ordinance, or who shall fail to comply with any of the provisions or requirements of this ordinance shall be guilty of. a mis- demeanor and upon conviction thereof, shall be fined in any sum not to exceed $200. 00, and each day a violation continues shall constitute and be a separate offense. SECTION 9. Repeals. All ordinances, parts of ordinances, resolutions or orders in conflict with the provisions of this cnance are hereby re- pealed to the extent of such conflict. SECTION 10. Exceptions. The provisions of this ordinance shall not ap- p17 to the construction of any public works by or at the instance of the City of Lubbock on any public property. It shall be, however, the policy of the City of Lubbock to construct all alley paving in accordance with the specifications and details provided by this ordinance, except in those cases where the City Commission should find it necessary in the public interest to vary therefrom. e9 SECTION 11. Assessments When Pavement Constructed By the City. When alley paving is constructed by or at the instance of the City of Lubbock, seventy-five (75%) per cent of the cost thereof, including Engineering cost, shall be assessed against the abutting property and the owners thereof in accordance with the provisions of Article 1105b, as amended, of Vernon's Annotated Civil Statutes of Texas. SECTION 12. Savings Clause. In the event any section, paragraph, sentence, clause or phrase of his ordinance shall be declared invalid for any reason, the remainder of said ordinance shall not be affected thereby, and it is intended that every other section, paragraph, sentence, clause or phrase of this ordinance shall remain in full force and effect and in no wise be affected by such invalid portion. SECTION 13. Publication. The City Secretary is hereby authorized and directed to publish the descriptive caption together with the penalty clause of this ordinance as an alternative method of publication provided by law. AND IT IS SO ORDERED. Passed by the Commission on this 10th day of November on first reading. 1955, Passed by the Commission on this 22nd day of November , 1955, on second reading. MU R Mayor ATTEST: Lavers a Lowe, i y Secretary -Treasurer JAE:kw Page 10