HomeMy WebLinkAboutOrdinance - 1487-1953 - Establishing Building Lines On E And W Sides Of Parts Of Ave Q - 11/12/1953Copy
11-28-53
to
Bldg.Insp
Pill~& zone,
City Atty
City-Engr
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a~9<f' ~ . ~ ~ oUn~ i~ NO. ' .. ---_(/__ tl-24-lq~ _.....__---1!
AN ORDINANCE ESTABLISHING BUILDING LINES ON THE .E;AST AND
WEST SIDES OF THAT PART AND PORTION OF AVENUE :tQ'1 LYING
BETWEEN THE SOUTH LINE OF 34TH STREET AND THE NORTH LINE OF
38TH STREET, SAID BUILDING LINE BEING MORE .PARTICULARLY DES-
CRmED BY METES AND BOUNDS IN THE BODY OF THIS ORDINANCE; PRO-
VIDING THAT NO BUILDING OR OTHER STRUCTURES SHALL HEREAFTER
BE ERECTED, RE-ERECTED OR SUBSTANTIALLY REPAIRED BETWEEN
SUCH BUILDING LINES; REQUIRING 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 B.E DETERMINED FROM THE BUILDING
LINE HEREIN ESTABLISHED;-PROVIDING EXCEPTIONS FOR UTILITY
EXTENSIONS AND PUBLIC IMPROVEMENTS; PROVIDING FOR A PENALTY;
AND PROVIDING FOR PU.BLICATION OF THE DESCRIPTIVE CAPTION AND
PENALTY CLAUSE OF THIS ORDINANCE. '
WHEREAS, Article llOSa, Revised CivilStat~tes 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,
WHEREAS, the City Comtnission 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 Avenue Q :ies-
cribed in the body of this Ordinance, and,
W HER E AS, the widening, straightening and improvement of said
Avenue Q and the establishment 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 City's com-
prehensive 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 I. That public necessity, convenience and safety in the City
of Lubbock require the extensio.n, opening, widening, construction and
improvement of that part of the street here~nafter designated within the build•
ing lines as herein established. · 1
' SECTION 2. That a building line is hereby established on the east and
west sides of Avenue Q lying between the points hereinafter described and
within the corporate boundaries of the City of Lubbock. which east and west
building lines are more particularly described as follows, to-wit:
WEST SIDE:
BEGINNING at a point in the south property line of Lot Seventeen (17),
fifteen (15) feet west of the southeast corner of said Lot 17 of the Revised
Stubbs Subdivision out of the Northeast one-fourth {NE 1/4) of the North-
east one-fourth (NE 1/4) of Section Ten (10), Block B, Lubbock County,
Texas;
THENCE northerly with a line fifteen (15) feet from and parallel with
the east line of the Revised Stubbs Subdivision a distance of 796 feet
i
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to a point, said point being on the south line of Lot Seven (7), fifteen
(15) feet west of the southeast -corner of said Lot 7; .
THENCE continuing in a northerly direction with a line a distance of
466 feet to a point, said point being in the north line of Lot One (1),
6. 7 feet west of the northeast corner of said Lot 1 of the Revised
Stubbs Subdivision.
EAST SIDE:
BEGINNING ·at a point in the soutl:l right-of~way line of 34th Street
16.0 feet south and 113.3 feet east of the northeast corner of Lot
One (1) of the Revised Stubbs Subdivision to the City of Lubbock,
Texas;
THENCE southerly with a line 120 feet from and parallel with the
west building line as herein previously des€ri)>ed a distance of
1273.5 feet to a point, said point being thirty-five {35) ~eet north of
the south right-of-way line of 38th Street.
SECTION 3. That no b~ilding or other structure shall hereafter be
erected, re•erecte(l or substantially repaired ~d no new structures or parts
thereof shall be erected or re-erected on that part of the str.eet or ~and herein
designated within. said building lines hereinabove described.
SECTION 4. That all structures on or between the building' lines estab-
lished by this Ordinance or extending in whole or in part within such building
lines are hereby required to. conform to the new building lines established in
Section Two (2) of this 0Tdinance within five (5) years from the effective date
of this 0Tdinance. ·
SECTION 5. The term "building line" as used herein shall be construed
to mean "street right-of-way line,'' and the setback requirements under
Zoning Ordinance No. 661 and all amendments thereto shall apply in addition to
the right-of-way lines or building lines herein established, it being the intent
and purpose of this 0Tdinance to preserve all land within the building lines
herein established for ultim:\.te 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
contemplated by this· Ordinance or authorized utility extensions within the
right-of-way herein described.
S,ECTION 7 • lit shall be unlawful for any person, firm or corporation,
trustee or any .authorized agent or representative thereof to erect, reconstruct
and 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 swn not exceeding Two Hundred Dollars ($200).
SECTION 8. If any section, paragraph, subdivision, clause, phrase or
provision of this Ordinance shall be judged invalid or held unconstitutional, the
P.. 3
same shall not affect the validity of th,e 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
{Z) 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 ____ _.Da~vis.-_______ , seconded by
Commi.s sione r , ____ _.Mial!or ..... x:..,i.xs __ • _____ , the foregoing Ordinance was
passed-on first reading this the. :»tth day oL _ _.N;;.o .. ~ ... •_.b...,er..._ ___ , 19 53, by the
following vote:
Commissioners voting 11YEA11 : Morr is, Davis 1 Thoms and Mayor Tripp
Commissioners voting ''NAY11 : None
On motion of Commis.sioner Davis , seconded by ._----~~~--------------
Commissioner ----~M,;:;:;o~rr~is=-------, the foregoing Ot"dinance was
passed on second reading this the 2,b.th day of _ __.N.o~v .. an=-<b ... e-.r __ • 1953, by the
following vote:
Commissioners voting 11YEA11 : Morris, Carpenter, Davis, Thomas and
Mayor Tripp
Comm:i.ssioners voting 11NAY11 : Mone
SG:sv
10-Z7-53