HomeMy WebLinkAboutOrdinance - 3898-1962 - Establishing Building Lines On The E/W Sides Of Ave Q Between 34Th And 38Th - 07/26/1962I
-~ ORDINANCE N0.--=.;3898
AN ORDINANCE ESTABLI~HING BUILDING LINES ON THE EAST AND WEST
SIDES OF THAT PART AND PORTION OF AVENUE"Q" LYING BETWEEN THE
SOUTH LINE OF 34TH STREET AND THE NORTH LINE OF 38TH STREET.t SAID
BUILDING LINE BEING MORE PARTICULARLY DESCRIBED BY METES AND /.?J 1_..-v. BOUNDS IN THE BODY OF THIS ORDINANCE; PROVIDING THAT NO BUU..DING
~A9 I OR OTHER STRUCTURES SHALL HEREAFTER BE ERECTED, RE-ERECTED OR
~ · SUBSTANTIALLY REPAIRED BETWEEN SUCH BUILDING LINE: REQUffiiNG
1 EXISTING STRUCTURES ON OR BETWEEN THE BUILDING LINE HEREIN
ESTABLISHED TO CONFORM TO SUCH BUU..DING LINES WITIJN 5 YEARS:
II DEFINING "BUU..DING LINE" AND PROVIDING THAT SETBACK REQUIREMENTS
UNDER ORDINANCE N0.16:9.5_ AND AMENDMENTS THERETO BE DETERMINED
r
FROM THE BUILDING LINE HEREIN ESTABLISHED: PROVIDING EXCEPTIONS
FOR UTILITY EXTENSIONS AND PUBLIC IMPROVEMENTS: PROVIDING FOR
A PENALTY: AND PROVIDING FOR PUBLICATION OF THE DESCRIPTIVE
CAPTION AND PENALTY CLAUSE OF THIS ORDINANCE.
WHEREAS. Article 1105a. 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~
WHEREAS, the City Commission 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 described in the
body of this Ordinance. and~
WHEREAS, 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 ad~quate widths which will aid in relieving
1 heavy traffic in congested areas in accordance with the Cityt s comprehensive
plan, and the City Planning Commission has recommended such improvements;
1 THEREFORE,.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK:
SECTION~ That public necessity, convenience and safety in the City of
Lubbock require the extension, opening,. widening~ construction and improvements
of that part of the street hereinafter designated within the building lines as herein
established.
SECTION II~ 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 boundaries41 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)
20.0 feet West of the Southeast corner of said Lot Seventeen ( 17), of the
revised Stubbs Subdivision. out of the Northeast one-fourth (NE 1/ 4) of the
Northeast one fourth ( NE 1/4) of Sectio>n Ten ( 1 0)" Block B~ Lubbock County~
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THENCE Northeasterly on a curve to the left with a radius of Fifteen ( 15)
feet~ a distance of 23. 56 fee~ to .a point;
THENCE Northerly on a line 5. 0 feet West and parallel to the 'East line
of the Revised Stubbs Subdivision; a distance of 1262 feet to a point, said
point being in the North line of Lot 1, and 5. 0 feet west of the Northeast
corner of said Lot 1, of the Revised Stubbs Subdivision of the City of
Lubbock. Texas.
E~ SIDE:
BEGINNING at a point in the south right-of ... way line of 34th Street
16.0 feet south and 105. Ofeet 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 llo feet from and parallel with
the west building line as herein previously described a distance
of 123 3. 5 feet to a point., said point being ~ Slzty ..:· · · ( ~e> feet
north of the south right-of-way line of 38th Street.
SECTION 3. That no building or other structure shall hereafter be erected,
~cted or substantially repaired and no new structures or parts thereof shall be
erected Or re-erect.ed on that part of the street or land herein designated within
1
said buUding lines hereinabove described.
II SECTION 4. That all structures on or between the building lines established
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 Ordinance within five ( 5) years from the effective date of this Ordinance.
I SECTION 5. The term "building line" as used herein shall be construed to me
u street right-of-way line" n and the setback requirements under Zoning Ordinance
No. 661 and all amendments thereto shall apply in addition to the right-of-way lines
u
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 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.
I, SECTION 7. It 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 0!-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. 00).
SECTION 8. 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.
SECTION 9. Aa 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 fo this Ordinance onee 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
Passed by the City Commission oftfirst reading this 26th day of
July , 19 62. -
9th Passed by the City Commission on second reading this-----day of
August 4 19 62,
---tt-f~ KF. STRONG~ -Mayor---:;z:-----
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Lavenia Lowe., ~retary ... Treasurer