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HomeMy WebLinkAboutOrdinance - 2126-1957 - Establishing Building Lines On The W And E Sides Of Boston Ave From S Line Of 34 - 01/24/1957l .. ORDINANCE NO. 2126 0~ -.;;l6 -l..9~~c:;~--=~--- AN ORDINANCE ESTABLISHING BUILDING LINES ON THE WEST AND EAST SIDES OF BOSTON AVENUE FROM SOUTH LINE OF 34th STREET TO THE NORTH LINE OF 35th STREET, AS MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS IN THE BODY OF THIS ORDINANCE; PROVIDING THAT NO BUILDING OR OTHER STRUCTURE SHALL HEREAFTER BE ERECTED, RE-ERECTED OR SUBSTANTIALLY REPAIRED BETWEEN SUCH BUILDING LINES; REQURIING EXISTING STRUCTURES ON OR BETWEEN THE BUILDING LINES HEREIN ESTABLISHED TO CONFORM TO SUCH BUILDING LINES WITH- IN FIVE (5) YEARS; DEFINING "BUILDING LINE" AND PROVIDING THAT SETBACK REQUIREMENTS UNDER THE CITY'S ZONING ORDINANCE AND MENDMENTS THERETO BE DETERMINED FROM THE BUILDING LINES HERE IN ESTABLISHED; PROVIDING EXCEPTIONS FOR UTILITY EXTENSIONS AND PUBLIC IMPROVEMENTS; PROVIDING A SAVINGS CLAUSE. 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 m ·3re than 15, 000; and, WHEREAS, the City Commission finds that public convenience, safety. and necessity in the City of Lubbock requires that building lines or right-of-way lines be established on Boston Avenue from 34th to 35th Street to prevent repair and repla.cement of structures and trees in the area between the building lines so establi~hed, such a.mss being required in connection with the widening, opening, and improving that part of Boston Avenue described more particularly hereinafter in the body of this. Ordinance; and, WHEREAS, the widening and the improvement of said Boston Avenue and the establishment of such building lines are necessary and will ultimately provide streets of desirable and adequate width which will aid in relieving heavy traffic 'n congested areas in accordance with the City1s comprehensive plan and the City lanning Commission has recommended such plan. The City Commission further inds tha t such establishment at this time will promote economy; NOW, THERE- ORE, E IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK: SECTION 1. THAT a building line is hereby established on the Wff!st and ast sides of Boston Avenue from South Line of 34th Street to the North Line of 5th Street, and within the corporate boundaries of the City of Lubbock, which est and East building lines are more particularly described as follows, to-wit: WEST SIDE BEGINNING at a point in the North line of Lot 1, Block 1, Jefferson Avenue Addition to the City of Lubbock~, said point • being 112.58 feet West of the Northeast corner o1 said Jefferson Avenue Addition, Block 1; THENCE South 25°501 East a distance of 201.59 feet to a point; THENCE on a curve to the right, having a radius of 197.48 feet, a distance of 89,0~ feet to a point, said point being 5. 0 feet West of the Southeast corner of the said Jefferson Avenue Addition, Block 1. -,- < - l \ \ EAST SIDE BEGINNING at a point 5. 0 feet East of the Northwest corner of Block 1, Lis em by Addition to the City of Lubbock, said point being in the South line of 34th Street; THENCE South parallel to and 5. 0 feet East of the West line of Block 1 of the said Lisemby Addition, a distance of 1.67. 5 feet to a point in the North line of 35th Street, said point being s. 0 feet East of the Southwest corner of said Block 1, Lisemby Addition. •. SECTION 2. THAT no building or other .structure shall hereafter be erect· ed,. re-erected or substantially repaired and no new structure or parts thereof shall be erected on that part of the street or land herein designated within said building lines hereinabove ~escribed. SECTION 3. THAT all structures on or between the building lin~s 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 One (1) of this Ordinance within five {5) years fropl the effective date of this Ordinance. SECTION 4. The term "Building Line'' as herein used shall be construed to mean 11 street right-of-way line, 11 and the setback requirements under the City'~ Zoning Ordinance 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 preserve all land within the building lines herein established for ultimate street purposes. SECTION 5. 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 p e rforming any employment pursuant to the widening, straightening or extension of the street and/or the right-of•way contemplated by this Ordinance or authorized utility extensions within the right-of-way herein described. SECTION 6. If 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. AND IT IS SO ORDERED. Passed by the Commission on first reading tlis~day of January , 1957 Passed by the Commission on second reading this 28 day of February ---------· 1957. ---~· ~r ATTEST: ~ '~ ........ . :1//.e ~/) VEna:l:owe~cretary"'I reasurer SG:gb