Loading...
HomeMy WebLinkAboutOrdinance - 1407-1953 - Amending Ordinance 1331 - 05/28/1953• I os-~e-J~s3 ORDINANCE NO. --=14=07:..~.---- AN ORDINANCE AMENDING ORDINANCE NO. 1331, ENTITLED ttAN ORDINANCE APPROVING AND ADOPTING SUBDIVISION REGULATIONS FOR THE CITY OF LUBBOCK AS PROVIDED BY LAW FOR PLANNING AND ZONING COMMISSIONS; DEFINING WORDS AND TERMS; SUGGESTING PRO- CEDURES TO SUBDIVIDERS OF REAL PROPERTY; ESTABLISHING PROCEDURE FOR CONDITIONAL APPROVAL OF PRELIMINARY PLAT; ESTABLISHING PROCEDURE FOR APPROVAL OF FINAL PLAT; REQUIRING PRELIMINARY PLANS AND DATA FOR CONDITIONAL APPROVAL OF SUBDIVISIONS; ESTABLISHING 'REQUIREM:NTS BEFORE FINAL APPROVAL OF PLAT; PROVIDING FOR WITHHOLDING EXTENSION OF UTTI.,ITIES AND UTll.ITY SERVICES; ESTABLISHING FOLICY CONCERNING CONSTRUCTION OF REGULATIONS WITH REFERENCE TO HARDSHIPS, LARGE-SCALE DEVELOPMENT AND THE GRANTING OF VARIANCES BY THE PLANNING AND ZONING COMMISSION; AND DECLARING AN EMERGENCY;tt SO AS TO AMEND SECTION 5, SUB-SECTION A-2 TO PROVIDE THE MANNER AND CONTENTS OF THE DEDICATION DEED OR CERI'IFICATE ACCOMPANYING SUBDIVISION PLATS; SO AS TO .AMENP/SECTION 5, SUB-SECTION A-3, TO PROVIDE FOR CERTIFICATIONS BY THE CITY ENGINEER AND CITY ATTORNEY REGARDING COMPLIANCE BY SUBDIVIDERS WITH BEQUIRE- MENTS OF SECTION 5/SUB-SECTION n~n OF ORDINANCE NO. 133;lJ SO AS TO AMEND SECTION 5 ;A SUB-SECTION B-1 TO RE-ESTABLISH AND REVISE THE PROVISIONS REGARDING THE PLACING OF MONtJ:t.reNTS IN PROPOSED SUBDIVISIONS; SO AS TO ADD A SECTION DESIGNATED AS SECTION 7 OF ORDINANCE NO. 1331 PROVIDING FOR A SAVINGS CLAUSE; AND DF.I!LARING AN EMERGENCY. WHEREAS, the City Commission finds that certain provisions of Ordinance No. 1331, commonly known as the "City of Lubbock Subdivision Regulations11 should be revised so as to clarify and facilitate the methods and procedures of subdivid- ing land and obtaining final approval by the City of Lubbock Planning and Zoni.ng Conun.ission; and, WHEREAS, the City Commission finds that it is necessary for the immadiate preservation of the public property to enact such amendments a'ter one (1) readimg, constituting an emergency; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LUBBCCK: d d SECTIO~~l. ThatiSection 51dSub-ee~tion A-2 BE, and the same is hereby amen e to nere~ter prov de and rea as ro~lows: n2. OWNERtS CERTIFICATE OR DEED OF DEDICATION. "The dedication deed or certificate of dedication shall be executed by all persons, firms or corporations owning an interest in the property subdivided and platted, and shall be acknowledged in the manner prescribed by the laws of the State of Texas for conveyances of real property. Two true copies must be furnished with the original. The wife of all married men executing such dedication deed or certificate of dedication shall join with her husband therein unless satisfactory proof be pro- vided showing that the property to be subdivided does not constitute any portion of such party's homestead, in which case the instru- ment of dedication shall state the fact that the property sub- divided and platted does not constitute a part of such party's homestead and positively designates and identifies sueh party's actual homestead. In the case of lienholders, they may execute a subordination agreement subordinating their liens to all public streets·, alleys, parks, school sites and any other public areas shown on the plat of such subdivision as being set aside for public uses and purposes. The dedication deed or certificate of dedication shall, in addition to the above requirements, contain the following: -1- _, .. ~ ',, ' "a. An accurate description of the tract of land sub- divided. "b. A statement and express representation that the parties joining in such dedication deed or certificate of dedication are the sole owners of such tract of land. "c. An express dedication to the publ ic f or public use forever the streets, alleys, rights-of-way, parks, school sites and other public places shown on the attached plat. ttd. A positive reference and identification of the pla.t of such subdivision by the name of such subdivision, date of plat, and engineer." SECTION 2. That Section 5, Sub-section A-3 of Ordinance No. 1331 EE, and the same is hereby amended to hereafter provide and read as follows: "3. The City Engineer shall furnish the Planning Commission ~ith a written certification stating that all improvements re- quired b.1 Section 5-B of this Ordinance which have been completed prior to final approval have been satisfactorily completed in accordance 'With all City plans and specifications for such improvements, and shall further certify that sufficient cash has bee.n deposited or a surety bond furnished with the City of Lub- bock to secure the completion of all those improvements so re- quired which are incomplete. When a surety bond has been furnished the City in lieu of any or all of the required improve- ments, it shall be delivered to the City Attorney for approval. The surety bond shall have attached thereto a copy of the contract for such improvements and such other information and data necessary to determine the validity and enforceability of sucn bond. When the bond has been examined and approved, the City Attorney shall furnish the Planning Commission with a written certification that the surety bond is valid and enforceable as regards all improvements required by this Ordinance still incomplete and for 1.1hich cash deposit has not been made .n SECTION 3. That Section 5, Sub-section B-1 BE, and the same is hereby amended to hereafter provide and read as follows: "1. Monuments. , "a. Honuments consisting of one-inch (1 tt) iron pipe, twenty- six inches (26n) in length, shall be placed at all corners of the blo~ lines, the point of intersection of the alley and block lines, and at the points of intersection of curves and tangents of the subdivision. This twenty-six inch (26") pipe shall be in t~to (2) lengths, one (1) eighteen inches (18") in length, with an eight- inch (8") length of pipe above, which shorter length shall be placed flush with the average ground elevation. When extremely loose soil conditions are encountered, upon authorization of the City Engineer, an eight-inch (8tt) wooden 211 x 211 stake as a sub- stitute shall be driven in the top of the eighteen inch (18") length , of one-inch (Itt) pipe in lieu of the eight-inch (8tt) length of one- inch (1") pipe. All markers shall be indicated on the final plat. 't'b. Lot markers shall be 2'' x 2" wooden stakes pla«9d at each corner of all lots flush lvith the average ground elevation or they may be counter-sunk, if necessary, in order to avoid being disturbed. _, '"c. Two (2) of the monuments provided in Sub-section ttan above for block corner or intersection corners shall be perma- nent survey reference points. These points shall be marked with monuments, the top of which shall be twelve inches (12") below / 1 the existing ground and shall be made of two-inch {2tt) diameter iron pipe eighteen inches (18") in length, the top twelve inches (12") of which shall be set in concrete. Inside of the two- inch (2")pipe and extending to the surface of the ground an one- inch (1") iron pipe shall be installed. These reference points should be located so as to establish one (1) side of the sub- division." SECTION 4. That Ordinance No. 13.31 BE, and the same is hereby amended to add a section to be designated as "Section 7", which said section shall hereafte provide and read as follows: "Section 7. Should any section, paragraph, sentence, clause or phrase of this 'City of Lubbock Subdivision Regul~tions« be declared unconstitutional or invalid for ~ reason, the remainder of said City of Lubbock Subdivision Regulations shall not be affected thereby, and it is intended that eve.xyother sec- tion, paragraph, sentence, clause or phrase of this Ordinance~ commonly cited as above, shall remain in full force and effect." SECTION 5. That in order to immediately preserve the public pro- perty this Ordinance is declared to be an emergency measure, and the provisions requiring that proposed ordinances be read at more than one meeting of the City Commission are hereby suspended, and this Ordinance shall take effect from and after its unanimous adoption b.r the City Commission at the meeting of its introduction. AND IT IS SO ORDERED. On motion of Commissioner _____ Da~vis _______________ , seconded bw Commis- sioner _____ T.:.h;.:;o:;;;ma=s:..------' the foregoing Ordinance was passed by the City Commission on this 28th following vote: day of _..,.Ma<.tlr:oi.Y ___ , _, 1953, by the Commissioners voting "YEAn: Carpenter, Davis, Thomas and Mayor Pro-te Morris Commissioners voting "NAY": None ... - 1-h,,.~ ~ ~RIPP=-, -:::-May-:--o...:r;._·-A)-~--­ Harey Morris • Mayor Pro-tent-7'~ ~ .