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Home My WebLink AboutOrdinance - 1542-1954 - Establishing Building Lines On The E And W Sides Of Portion Of Memphis Ave. - 03/25/1954Copy 4-13-54 to City Att Bldg.Ins City Eng • ... u 03 -~S-195Y..., ORDINANCE NO. 151.2 04--08 -1..95 t.t AN ORDINANCE ESTABLISHlNG BUILDING LINES ON THE EAST AND WEST SIDES OF THAT PART AND PORTION OF MEMPHIS AVENUE LYING BETWEEN THE SOUTH LINE OF 34TH STREET AND THE NbRTH LINE OF 44TH STREET, SAID BUILDING LINES BEING MORE PARTICULARLY DES- CRIBED 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 LINES OF MEMPHIS AVENUE; PROVIDING THAT NO BUILDING OR OTHER STRUCTURE SHALi..'HEREAFTER BE ERECTED OR RE-ERECTED OR SUBSTANTIALLY REPAffiED BETWEEN SUCH BUILD- ING LINESi 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 SETBACKREQUffiEMENTS UNDER ORDINANCE NO. 661 AND AMENDM.ENTS THERETO BE DETERMINED FROM THE BUILDING LINES HEREIN ESTABLISHED ; PROVIDING EXCEPTIONS FOR UTILITY EXTEN- SIONS AND PUBUC .IMPROVEMENTS; REPEALING ORDINANCE NO. 1457; PROVIDING FOR A PENALTY AND PROVIDING FOR PUBLICATION OF THE DESCRIPTIVE CAPTION AND PENALTY CLAUSE OF THIS ORDINANCE. W H E.R EAS, Article 11 05a, Revised Civil Statutes of Texas, provides for the establislunent of building lines on any part or side of any street in the City of Lubbock, said City of Lubbock having a population of mQre than 15, 000; and, WHEREAS, the City Conuni.ssion of the City of Lubbock finds that it would be in the public interest to establish building lines in connection with the widening, opening1 straightening and improving of that part of Memphis Avenue described in the body of this Ordinance; and, WHEREAS ;".the widening, straightening and im.provements of said M•amphis Avenue and the. establishm·ent 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 comprehensive plain, and the Gity Planning Commission has recommended such improvements; and., WHEREAS. this ordinance establishes building lines which will include the areas established by Ordinance No. 1457, making it necessary that such ordinance be repealed; T HERE F 0 R E, BE IT ORDAINED BY THE CITY COMj\IUSSION OF THE CITY OF LUBBOCK: I SECTION 1. That public necessity, convenience and safety in the City of Lubbock requires the extension, opening. widening, const~uction and improvement of that part of the street hereinafter designated within the build- ing lines as herein established. SECTION z. 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 Lubbock,. 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 Gity of Lubbock, Lubbock County, Texas, ·. said point being SO. 0 feet South of th~· North line of Section Sixteen (16), Black B, and·S. 0 feet East of the Northwest corner of Lot Twelve (lZ), Block One (1) of said Sunset Addition; THENCE South with a line which is S. 0 feet East of and parallel to the West line of Blocks One {1) and Two (Z) of Sunset Addition a . distance of S91. 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 (Z) of said Sunset Addition; THENCE South across 36th Street a distance of 50. 0 feet to a point, said point being S. 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), ~ive {S), Eight (8}, Eleven (11), Fourteen (14), Seventeen (17), Twenty (ZO), and Twenty-Three (23) of the Sunny Hill Addition to the City of Lubboc~, with a. line which is S. 0 feet East of and parallel to the West line of BioclaiTwo (z}, Five (5), Eight {8), Eleven (11), Follrteen (14), Seventeen (17), Twenty (20}, and Twenty-Three (Z3) of said Sunny Hill Addition, a distance of Z668. 8 feet to a point on the South line of Lot Nine (9), Block Twenty-Three (Z3} of said point, being S. 0 feet East of tpe Southwest corner of Lot Nine (9), Block Twenty-Three (Z3) 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 SO. 0 feet South of the North line of Section Sixteen (16), Block B, of said City of Lubbock, and S. 0 feet West of the Northeast corner of Lot (!)ne (1), Block One (1), of said Lincoln Heights Addition; THENCE South with a line which is S. 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 S91. Z feet to a point in the South line of Lot Sixteen (16), Block Two (Z) of said Lincoln Heights, said point being S. 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 point, 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 S. 0 feet West of the Northeast corner of said Lot One (1), Block Three (3) of said Sunny Hill Addition; • THENCE South across Blocks Three (3), Four (4), Nine (9), Ten (10), Fifteen (lS), Sateen (16), Twenty-one (21), and Twenty-Two (Z2) of · the Sunny Hill Addition to the City of Lubbock, with a line which is 5. 0 feet West of and parallel to the East line of BlocleThree (3), Four (4), Nine (9), Ten (10). Fifteen (15), Sixteen (16}, Twenty-cOne (Zl), and Twenty-Two (Z2)df said Sunny Hill Addition, a distance of Z668. 8 feet to a point on the South line of Lot Sixteen (16), Block Twenty-Two (ZZ) of ----~~~====~--------=-===========----=====----------------------==-----+~ P. Z v P. 3 -··· .... said Sunny Hill Addition, said point being 5. 0 feet West of the Southeast corner ol said Lot Sixteen (16), Block Twenty-Two (22) of said Sun.ny Hill Addition. SECTION 3. That no building or other structure shall hereafter be erected,. re-erected or substantially repaired and no new structures or parts thereof shall be erected or re-erected on that part of the street or land herein designated within said building lines hereinabove described. SECTION 4. That all structures on or between the building lines e.stab- lished by this ordinance or extending in whole or in part within such building lines are hereby required to canform to-the new building lines established in Section Two (2) of this ordinance 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~" 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 ordinance to pres-erve all land within the building tines herein established for ultimate street pu~:poses. 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. SECTION 7. It shall be unlawful for any person, firm or corporation, trustee or any authorized agent or representative thereof to erect, reconstruct or substantially repair any building or other structure, or iio erect or re•erect any new building or other struoturf:' within or between the building lines estab- lished 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 ($200), 1, SECTION 8.:. If any section, paragraph, subdivisi9n, clause. phrase or provision of this orciiila.nce shall be judged invalid or held unconstitutional, the same shall not affect the validity of the remainder of this ordinance as a whole or any part or provision thereof other than the part so decided to be invalid or unconstitutional. SECTION 9. As an alternative method of publication provided by law, the City Secretary is hereby authorized and directed to publish the descriptive caption together with the penalty clause of this ordinance once a week for two (2) consecutive weeks in some newspaper regularly published in the City of Lubbock, and thiB ordinance shall become effective ten {10) days after the date of its last publication. SECTION 10. That Ordinance No. 1475 is hereby repealed as of the effective date of this ordinance. AND IT IS SO ORDERED. On motion of Commissioner Carpepter , seconded by Com.mis- sioner -----=Th.__oa;;;o,;;;a-=s..._ __ _ the foregoing Ordinance was passed on first reading this the 2'$!.h day of _ __,Ma,_r_c;;.;;.h..__ __ , 1954, by the following vote: Commissioners voting "YEA.u: Morris, Carpenter, Davis, Thomas and Ma~ Tripp 'Commissioners voting uNA Y 11: Ncae On mf")tion of Com::nissioner Carpenter , seconded by Com.mis • ----~----------- sioner _.....,;;T;.;;.h;.;o;.;,;ma=s..._ ______ , the foregoing Ordinance was passed on second reading this ......;;8;;..__ day of __ ._A_.o.r ... i~l ____ , 1954, by the following vote: Commissioners voting "YEA11: Baker, Carpenter, Forrest, Thomas and Mayor Tripp Commissioners voting 11NAY11 : None ATTES~· : ~ ,. ~':..: ~ Laven a Lowe, (f{{;;~-Treasurer ----~~ ------ .· .;· .. ··..._./:-SG: s v 3-24-54 ~-~, ,J-. o \r 2'=~ . P. 4