HomeMy WebLinkAboutOrdinance - 1457-1953 - Establishing Building Lines On E And W Sides Of Portion Of Memphis Ave. - 09/29/1953~opy
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'\( ORDINANCE NO. ~M-57 . to -o<a -1-~ 3 ~ , AN ORDINANCE ESTABLJSHIN'G BUILDING LINES ON THE EAST AND
. ~ciT SIDES OF THAT PART AND PORTION OF MEMPHIS AVENUE LYING
BETWEEN THE SOUTH LINE OF 34TH STREET AND THE NORTH LINE OF
40TH STREET,. SAID BUILDING LINES BEING MORE PARTICUlARLY DES-
CRmED BY METES AND BOUNDS IN THE BODY OF THIS ORDINANCE AND
BEING GENERALLY PARALLEL TO AND 5 FEET EAST AND WEST OF THE
EXISTING RIGHT-OF-WAY LIN'ES OF MEMPHJS AVENUE; PROVIDING THAT
NO BUILDING OR OTHER STRUCTURE SHALL HEREAFTER BE ERECTED
OR RE-ERECTED OR SUBSTANTIALLY REPAIRED BETWEEN SUCH BUILD-
ING LINES; REQUIRrnG EXISTING STRUCTURES ON OR BETWEEN THE
BUILDING LINES HEREIN ESTABLISHED TO CONFORM TO SUCH BUILDING
LINES WITHIN 5 YEARS; DEFINING "BUILDING LINE" AND PROVIDING
THAT SETBACK REQUIREMENTS UNDER ORDINANCE NO. 661 AND
AMENDMENTS THERETO BE DETERMINED FROM THE BUILDING L.INES
HEREIN ESTABLISHED; PROVIDING EXCEPTIONS FOR UTILITY EXTEN-
SIONS AND PUBLIC IMPROVEMENTS; PROVIDING FOR A PENALTY AND
PROVIDING FOR PUBUCATION OF THE DESCRIPTIVE CAPTION AND
PENALTY CLAUSE OF THIS ORDINANCE.
WHEREAS, Article llOSa, Revised Civil Statutes of Texas, provides
for the establishment of building lines on any part or side of any street in the
City of Lubbock, said City of Lubbock having a population of more than 15, 000;
and,
W HE R E AS , the City Celt).mis sion of the City of Lubbock finds that it
would be in the public interest to establish building lines in connection with the
widening, opening, straightening and improving of that part of Memphis Avenue
described in the body of this Ordinance; and,
WHEREAS, the widening, straightening and improvements of said
Memphis Avenue and the esta.blishment of such building lines are necessary
and will ultimately provide streets of desirable and adequate widths which will
aid in relieving heavy traffic in congested areas in accordance with the City1s
comprehensive plan, and the City Planning Commission has recommended such
improvements' THERE FORE,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK:
SECTION 1. That public necessity, convenience and safety in the City
of Lubbock requires the extension, opening, widening, construction and improv
ment of that part of the street hereinafter designated within the building lines
as herein established.
SECTION 2. That a building line is hereby established on the East and
West sides of Memphis Avenue lying between the points hereinafter described
and within the corporate boundaries of the City of Lubboc~ which east and
west building lines are more particularly described as follows, to-wit:
. EAST SIDE:
BEGINNING at a point in the North line of Lot Twelve (12),Block One (1),
of the Sunset Addition to the City of Lubbock, Lubbock County, Texas;
said point being 50. 0 feet South of the North line of Section Sixteen (16),
Block B, and 5. 0 feet East of the Northwest corner of Lot Twelve (12),
Block One (1) of said Sunset Addition;
,
P. Z
THENCE South with a line which is 5. 0 feet East of and parallel to
the West line of Blocks One (1) and Two (Z) of Sunset Addition a
distance of 591. Z feet to a point, said point being in the South line
of Lot Nine {9), Block Two (Z), Sunset Addition to the City of Lubbock,
and 5. 0 feet East of the Southwest corner of Lot Nine (9), Block Two
(2) of said Sunset Addition;
THENCE South across 36th Street a distance of 50.0 feet to a point,
said point being 5. 0 feet East of the Northwest corner of Lot Eight
~8), Block Two (2), of Sunny Hill Addition to the City of Lubbock;
THENCE South across Blocks Two (Z), Five (5), Eight (8), and
Eleven ( 11) of the Sunny Hill Aqdition to the City of Lu}:lbock, with
a line which is 5. 0 feet East of and parallel to the West line of
Blocks Two (2), Five (5}, Eight (8) and Eleven (11) of said Sunny
Hill Addition a distance of 1 Z32. 4 feet to a point on the South line of
Lot Nine (9), Block Eleven (11) of said Sunny Hill Addition, said point
being 5. 0 feet East of the Southwest corner of Lot Nine (9), Block
Eleven (11) of said Sunny Hill Addition.
WEST SIDE:
BEGINNING at a point in the North Line of Lot One (1), Block One (1)
of the Lincoln Heights Addition to the City of Lubbock, Lubbock County,
Texas, said point being 50. 0 feet South of. the North line of S'ection
Sixteen (16), Block B, of said City of Lubbock, and 5. 0 feet West of the
Northeast corner of Lot One (1}, Block One (1) of said Lincoln Heights
· Addition;
THENCE South with a line which is 5. 0 feet West of and parallel to the
East line of Blocks One {1) and Two (Z) of the Lincoln Heights Addition
to the City of Lubbock a distance of 591.2 feet to a point in the South line
of Lot Sixteen (16), Block Two (2) of said Lincoln Heights; said point
being 5. 0 feet West of the Southeast corner of said Lot Sixteen {16).
Block Two (Z);
THENCE South across 36th Street a distance of 50. 0 feet to a pointj
said point being in the North line of Lot One {1), Block Three (3) of
Sunny Hill Addition to the City of Lubbock and being 5. 0 feet West of
the Northeast corner of said Lot One (1), Block Three (3) of said
Sunny Hill Addition;
THENCE South with a line which is 5. 0 feet West of and parallel to
the East line of Blocks Three (3), Four (4), Nine (9) and Ten (10) of
Sunny Hill Addition to the City of Lubbock, a distance of 1232.4 feet
to a point in the South line of Lot Sixteen (16), Block Ten (10) of said
Sunny Hill Addition; said point being 5. 0 feet West of the Southeast
corner of said Lot Sixteen (16), Block Ten (10).
SECTION 3. That no building or other structure shall hereafter be
erected, re-erected or substantially repair.ed and no new structures or parts
thereof shall be erected or r.e-erected on that part of the street or land herein
designated within said building lines hereinabove described.
SECTION 4. That all structures on or be~ween the building lines estab-
lished by this Ordinance or extending in whole or in part within such building
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lines are hereby required to conform to the new building lines established in
Section Two (2) of this Ordill;ance within five (5) years from the effective date
of this Ordinance.
SECTION 5. The term "building line" as used herein shall be construed
to mean 11street right-of-way line, 11 and the setback requirements under
Zoning.Ordinance No. 661 and all amendments thereto shall apply in addition to
the right-of-way lines or buildi.ng lines herein established, it being the intent
and purpose of this Ordinance to preserve all land within the building lines
herein established for ultimate street purposes.
SECTION 6. The provisions of this Ordinance shall not apply to any
officer, agent,. employee or other person duly authorized by the State of Texas
and/or the City of Lubbock when performing any employment pursuant to the
widening, straightening or extension of the street and/or right-of-way contem-
plated by this Ordinance or authorized utility extensions within the right-of-
way herein described.
SECTI0N 7. It shall be unlawful for any person, firm or corporation,
trustee or any authorized agent or repr,esentative thereof to erect, reconstruct
or substantially repair any building or other structure, or to erect or re-erect
any new building or other structure within or between the building lines
established and described in Section Two {2) of this Ordinance, and whoever
shall violate any provisions of this Ordinance shall, upon conviction, be fined
in any sum not exceeding Two Hundred Dollars ($200).
SECTION 8. H any section, paragraph, subdivision, clause, phrase or
provision of this Ordinance shall be judged invalid or held unconstitutional,
the same shall not affect the validity of the remainder of this Ordinance as a
whole or any part or provision thereof other than the part so decided to be
invalid or unconstitutional. ·
SECTION 9. As an alternative method of publication provided by law,
the City Secretary is hereby authorized and directed to publish the descriptive
caption together with the penalty clause of this Ordinance once a week for two
{2) consecutive weeks in some newspaper regularly published in the City of
Lubbock, and this Ordinance shall become effective ten {10} days after the
date of its last publication.
AND IT IS SO ORDERED.
On motion of Commissioner Morris , seconded by Commis-------------------
sioner _______ n_a_vi_s_, the for~going Ordinance was passed on first readin
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this the :29-tb day of _s_e_p_t_. ____ , 1953, by the following vote:
Commissioners voting "YEA If: Morris ,Carpenter, Davis, Thomas & Mayor Tripp
Commissioners voting "NAY11 : None
On motion of Commissioner Thoma.s ~ seconded by Commis------------------
sioner -~--Da_vi_s _____ , the foregoing Ordinance was passed on second
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reading this the Sth day of --~O.~~.ctc~o~bo-..r.__ ___ , 1953, by the follo.\ying vote:
Commissioners voting 11 YEA 11 : Carpenter, Davis, Thoms and Mayor Tripp
Commissioners voting 11NAY": None
ATTEST:
A ... ~ -~~ -----------Lowe City Secretary-Treasurer
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