HomeMy WebLinkAboutOrdinance - 4371-1964 - Amending 28-1, 28-4 Etc... Of Chapter 28 Code Of Ordianances. - 06/04/1964CITY'S ORIGINAL
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ORDIRANCE NO. 4371
AB <ltDINANCE AMENDim SECTIONS 28·1, 28-4, 28·10, 28·15, AJ.TICLI I AND SECTIONS
28-17, 28-22, 28·42, 28-48, 28•50, 28•SOa, 28•52, 28·55, 28-58, 28-60 Aim 28-63 c.
ARTICLE II AND SEC'l'ION 28·66 OF AllTICLE III OF CHAPl'ER. 28 CODE OF OltDINARCES, CITY
OF LUBBOCK; TO PllOVIDE Fat THE ADOPl'IOR OF OFFICIAL MAPS; A METHOD FC.Jl DET!llMINING
STUET NUMBERS; PllOHIBlTIHG THE OBSTilUC'l'ION AND PIAR'l'ING IN PAI.DAYS AND PROVIDING
F<lt EXCEPTIONS TRDETO; MAKDG IT THE Dl1l'Y OF THE OCCUPAM' C1P PUHISES TO UEP AD·
JAC!Mr SIDEWAUCS, PARKWAYS ARD ALLI!WAYS CLEAN; R.EQUiliNG COMPLIANCE WtrH ARTICLE
II AS Pll!UQUISITE TO THE ISSUANCE 01 A BUILDING PEI.Mtr; REQUIRING A BOND, CElTAIN
IKSUIANCE AND AN AG&EEMDT FOR INDEMRlTY Fat W<llK ON PUBLIC RIGHT C1P WAY; PI.OVIDDG
F<lt AND AU'rH<ItiZIRG All APPEAL TO THE BOlllD OP EXAMDEilS AND APPEALS UHDEil CElt.TAD
CONDITIONS; ADOPTING CEllTAIR DESIGN AND IAYODr PlANS P'Cil CONSTilUCTION OF SID!WAI.ltS,
DRIVEWAYS, CURBS AND GurTERS IN THE CtrY 011' LUBBOCK; PllCWIDINC FOJ. LOCATION OF
SIDBWAUCS AND MAKING CDTAD EXCEPI'IORS THER.ETO; DESCR.IBIRG THE I.EQUD.EMEN'l'S FCit
smBWAUt WIDTHS; Pll!SCR.IBING F<lt THE SETTIRG OF LiliES Aim GJW)ES FClt SIDEWALKS AS
WELL AS THE MATEiliALS TO BE USED IN THE CORSTR.UCTION Ol SUCH SIDBWAI.ltS; DIUC'l'INC
THE FINISH!.:; AND MldUCIR; or SIDEWALKS; DIRECTING THE PlACEMENT OF IRlf8ll CURBS
WHill.E SIDEWALl IS ADJACERT TO AN OlPF·S'l'UET PAilltDC AREA; PR.OVIDIRG FCll THE PAVING
OF DI.IVEWAYS INTO PlliVATI!! PIOPDTY <It F<ll ALLEYS AMD PllOVIDmG-F al THE llEPIACEMENT
OF PAVEMEM' WrrHIN A PUBLIC STI.EET THAT IS Ct1r P(lt UTILITY IHSTALIATim.; UPEALING
SECflON 28•24 OY ARTICLE II AND SECflOR 28-61 OF AllTICLE III OF SAID CBAPTII. 28;
PJ.OVIDING PC.Jl A PENALTY Aim A SAVINGS ClAUSE; DntEcriNG THE PUBLICATION or THE
DESCIIl'I'IVI!! CAl'I'IOR AD THE PEMAU'Y ClAUSE IN LIEU or PUBLICATION 01 THE ml>IKANCB
AS Pll.OV'IDED BY lAW •
BE rr CltDAIRED BY THE CITY COUNCIL OP THE CITY OF WBBOCK:
SECTION 1. THAT Articles I, II, III of Chapter 28 entitled Streets and Side-
walks of the Code of Ordinances of the City of Lubbock be and the same is hereby
amended as follows:
Sec. 28-1. Official Maps.
''rhe official map of the City of Lubbock shall be prepared by the City Engineer
on the individual sheets representing 2,560 acres of area per sheet to scale of 1" •
300', and on which shall be shown and designated the various streets, avenues ~nd boule-
vards, terraces and public parks and alleys together with the lots and addition or
subdivision numbers and names, as well as the street number for each block. The City
Engineer is hereby authorized and directed to revise the official map when any plat
of any subdivision addition or other area has been approved by the Plauning Coaaission
of the City of Lubbock and bas been recorded in the County Clerk's office of Lubbock
County, Texas, or when otherwise directed by ordinance.
Sec. 28-4 . Street number method.
'~he Building Inspector shall determine the official street numbers by desig·
nating one numerical number for each platted lot along the street, avenue or boulevard
except where the property is platted into lots or tracts with a frontage abutting said
street, avenue or boulevard in excess of 75 feet, then in such event, the building
inspector shall allocate one numerical address for each SO feet of frontage or major
portion the reof. Where duplex hou•es, apartments or business buildings are erected
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entirely on any one lot which is entitled to receive only one number as provided
herein and defined in Section 28·3 ~ each apartment, business or other unit shall
be designated with the number to whi ch the lot is entitled followed by an alpha-
betical suffix for each such additional unit beginning with the letter "a".
Sec. 28~10, Obstruction and planting in Parkways -General
"No obstruction or planting of any kind shall be maintained, constructed,
placed ~ planted or grown in the area of the public parkway lying between the
curb or grade line of any public street and the abutting sidewalk or private
property line other than grass, plants or shrubs that will not exceed 18 inches
in heiSht above the top of the curb level, and which are kept trimmed or pruned
in such manner as to keep such plants and shrubbery fr0111. encroaching over or
obstructing the adjacent public sidewalk or street area.
"Provided, however, the owner of any abutting property may use the public
parkway contrary to the above provision by application for a "Street Parkway Use
Permit" executed by the City Secretary who is hereby authorized to issue such a
permit which shall provide that the permittee by acceptance of such permit
agrees and obligates himself or assigns to maintain any treep shrub or plant
placed in such area in such 1Mmter as to keep same frOID becOJDing a motor vehicle
or pedestrian traffic hazard and further if in the event said parkway shall at
any time be needed for any public purpose or for any utility line or polesp street
signs, traffic signs and/or other devices placed in such area under lawful author•
ity of the City Council the permittee shall whenever it shall be deemed necessary
in the public interest as may be determined by the City Council remove any tree,
plant or shrub situated within such area at no expense to City.
See, 28·15, Duty to keep sidewalk. parkway and alleyway clean,
"It shall be the duty of the owner, tenant or lessee to keep the abutting
or adjacent sidewalk. parkway, and alleyway clean and free of all weeds 9 trash
rubbish, filth and debris which may incumber such sidewalk, parkway and alley-
way and to place such material in trash receptacles as required by this Code
and failure to comply with the requirement of this paragraph shall be and is
hereby declared to constitute a nuisance subject to abatement as provided for in
Section 15-29 to 15-34, of this Code .
Sec. 28-17 . Compliance with article prereguisite to issuance of building permit.
'~enever application is made to the Building Inspector by any person,
firm or corporation for a building permit to make any construction~ addition or
structural alteration on a building or other structure, or to pave a parking lot
where a permit is required by this Code or any other ordinance of the City on
property adjacent to or abutting on a public street, where the existing sidewalks,
driveways either private or commercial, curbs, street curbs and gutters abutting
such property do not conform to the basic standards, apecifieations 9 layout, de-
tails and designs provided for and established by this article, or in the event
when all sidewalks9 driveways either private or commercia19 curbs~ street curbs
and gutters9 required to be constructed have not been constructed9 no permit shall
be issued by the Building Inspector until applicant for such permit shall agree
in writing to construct 9 reconstruct or repair, the curb 0 gutter0 sidewalk or
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driveway in accordance with this article as a part .of and a condition.to the
issuance of such building permit . No construction, addition or alteration to
su¢h buildings or other improvements placed or constructed on the adjacent
private property shall be approved by the Building Inspector0 until such times
as all the sidewalks9 driveways, curbsi street curbs and gutters have been construct•
ed or reconstructed and comply with the provisions of this article.
Sec, 28-22, Bond reguired for work on Public Right-of-Way.
''l'he person, firm or corporation to whom a building permit is issued to
do construction, alteration, repair or other work on private property which is
adjacent to a sidewalk, curb, gutter and/or driveway or other work within public
right-of-way which is required to be constructed, reconstructed, removed or
repaired as a condition to the issuance of a permit, shall provide the Building
Inspector with evidence that the General Contractors Bond required and as pro•
vided in the Building Code of the City includes coverage on all work required to
be done on public right-of-way as well as private property prior to issuance of
the building permit for any such construction.
"(1) When construction, removal or repair of sidewalks, curbs, gutters and
driveways or other work within the public rigbt•of-way is to be done separate to
construction on the adjacent private property, the applicant for perait under Sec.
28·20, shall provide the Building Inspector at the t~ of making application for
permit, a good and sufficient performance bond issued by a surety company authorized
to do business as such in the state, in the penal sum equal to the total estimated
cost of the proposed sidewalk, curb, gutter, street or alley alteration or im-
provement, in favor of the City of Lubbock, conditioned that such construction
shall be completed in accordance with the City's standards and specifications.
Such bond shall be approved by the City Attorney prior to the issuance of permit
hereunder. In lieu of such performance bond, the applicant may deposit in cash
with the Building Inspector a sum equivalent to the esttmated cost of the improve-
ments or alteration to secure the completion of such construction in accordance
with the City's standards and specifications. Said money to be returned to
applicant upon proof of completion and acceptance. Provided, however, in the
event such construction as herein contemplated is not completed in accordance with
the City's standards and specifications,said money deposited in lieu of bond shall
be forfeited in favor of the City of Lubbock.
"(2) Where the application for building permit includes work on public
risht-ofoway, the Building Inspector shall require that there be filed with each
application for permit hereunder a certificate of insurance for public liability
and property damage issued by a solvent insurance company or companies authorized
to do business in the State of Texas, evidencing that the City of Lubbock is
adequately protected from any liability or damages resulting by virtue of applicant's
construction pursuant to such permit. The public liability and property damage
insurance required herein shall have a minimum limit of Five Thousand Dollars
($5,000,00) property dauaage for each accident and Twenty-five Thousand Dollars
($25,000.00) aggregated property damage and TwentyoFive Thousand Dollars ($25,000.00)
bodily injury or death of one person and Fifty Thousand Dollars ($50,000.00) bodily
injury or death for more than one person.
u(3) In addition to the perfot'DI&Jlce bond and insurance required in Sub-
sections (1) and (2)0 the Building Inspector shall be furnished an agreement,
evidenced by execution of the application and acceptance of the permit issued
hereunder, that applicant will indemnify and hold harmless the City, its officers,
agents, servants and employees from any and all claimB, damages, suits, attorneys'
fees, cause of action and judgments which may result in any manner from the
construction or laying of any such improvements upon any public street or alley
in the City.
90(4) The Building inspector shall require agreement by the applicant,
evidenced by execution of application and acceptance of permit hereunder, that
applicant shall, during the period of such construction and prior to the acceptance
of such improvements by the Cityp maintain such public street or alley in a safe
condition and issue all necessary instructions and take all precautions as may be
.reasonably required to maintain such public streets or alleys in a safe condition
.for all publ~c use.
Sec. 28-42, Appeal to Board of Examiners and Appeals • Authorized.
'Yhen in the event the application of the provisions of this article is cal-
culated to do manifest injury to any property or the improvements thereon or to be
constructed thereon or the lawful use thereof, which is due to the peculiar physical
condition of the property or the improvements~> the Board of Examiners and Appeals
as established by Chapter 5 of the Building Code, is hereby authorized and vested
with jurisdiction to review such conditions, upon written appeal made by the owner
of such property which shall set forth the reasons the application of this article
will do a manifest injury to such property, the improvements thereon or lawful
use thereof.
Sec. 28•48. Des&SP, Layout and Plans.
'~he desisn, layout and plans for construction, reconstruction, alteration
or replacement of all sidewalks, curbs, driveways either private or commercial,
and street curbs and gutters shall conform to and be constructed according to the
designp layout, plans9 details shown and provided by the City of Lubbock Standard
Plans and Specifications for Construction of Sidewalks p Driveways, Curbs 9 and
Gutters in the City of Lubbock, which have been or may hereafter from time to time,
be adopted or amended by ordinance.
See, 28-50. Sidewalk Location.
uAll sidewalks shall be constructed in that area between the curb or grade
line of the public street and the abutting property line with the inner-ed11 of
the sidewalk being contiguous and parallel with the property line.
"Sidewalks shall be constructed along all streets and avenues abutting
the property being developed or improved and shall extend to the curb line on
each corner lot simultaneous with any construction or development on the property
except :
"(a) On any one side of a residential street into which lots front when
more than 60~ of the frontage between street intersections has been developed
without sidewalks at the time a permit is requestedo
h(b) When a Specific Use Zone Permit is hereafter granted which specifically
does noc provide for a sidewalk.
99(c) Where 11 in a single family residentially zoned area the minimum lot
frontase on the side of the street in question between street intersection. as
platted and as developed, is 150 feet and the minimum lot area is 30 ,000 square feet.
"(d) In manufacturing or industrial zoning districtsp where the abutting
street is not designated as Highway or is not designated by the Master Thoroughfare
Plan as a Major Street, and is outside the area bounded by 4th Street, Avenue A,
19th Street, and Avenue Q.
"(e) When the area to be improved is on a street where there are no existing
concrete sidewalks on the same aide of the street within the block and is to be
used as off-street parking lot the entire surface of which is to be paved, including
the area extending to the curb under the terms of a Street Use License that provides
for construction of bumper rails or guards as specified in Sec. 28-60 of this Code
to be placed along and on the property line. Provided, however11 this exception
shall not apply when the parking lot area is within the area bounded by 4th Street,
Avenue A, 19th Street and Avenue Q, or when the parking area is to be used in
connection with an adjacent commercial operation or a building is constructed on
the same lot.
"(f) When an addition or improvement is made to an existing residential
structure and the area of such addition does not exceed 200 square feet 11 not in-
cluding unenclosed porches or carports.
"At locations where sidewalks are not required by this Code or where side-
walks do not exist it shall be the duty and responsibility of the property owner to
maintain the parkway area in such a condition so as to permit safe use by pedestrians.
No sidewalk shall be removed except for repair or replacement and then it shall be
repaired or replaced in accordance witb this Code,
Sec, 28-SOa. Sideyalk Widths.
"Sidewalks shall be a minimum of four feet wide in residential and indus·
trial areas and a minimum of six feet wide in cOIIIIIII!rei.al areas except COIIIDBrcial
areas when the sidewalk constructed at the required width would leave 24 inches
or less of space between the back of the curb and the outer edse of the sidewalk
in which case the sidewalk width shall be increased sufficiently to extend to the
back of the curb.
Sec. 28oS2. Lines and grades.
"It shall be unlawful for any person, firm or corporation to excavate, com-
mence construction or place any material for any work described in this article in
a public street or public placep until a permit for such work has been obtained
from the Building Inspectorp as provided herein or until stakes or lines and grades
for such work have been given by the City unless the curb adjacent to the property
is existing, and then the contractor shall follow the grade of the existing curb.
Contractors or other persons in charge of such work will be required to protect both
line and grade stakes after the same have been set and any errors in lines or grades
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caused by stakes having been raisedp lowered or otherwise changed or lost will .be
charged against the contractor or other person in char~ of such work~ and be will
be required to correct such mistakes at his own cost and expense.
·~he alignment of the sidewalk shall parallel the adjacent property line
unless the Building Inspector grants permission for the sidewalk to parallel an
existing street curb. The property owner shall have his property line established
before issuance of a permit by the Building inspector.
''The grade of the sidewalk shall parallel the grade of the top of the street
curb when the curb exists at the time of the sidewalk construction or shall conform
to grades established by the City when there is no curb existing. A minimum fee of
$2.50 shall be eharged by the City to set two grade stakes for the elevation of the
sidewalk and an additional one dollar shall be charged for each additional grade
stake required or requested by the contractor. The contractor shall preserve the
grade stakes set by the City until the final inspection by the City.
''The elevation of the sidewalk at the edge nearest the street shall be at
least as high as but not more than two inches above the top of the adjacent curb
and the elevation of the sidewalk may rise as much as one-quarter of an inch per
foot of width.
''The elevation of the sidew~lk at a pTi~te ~i~ay shall continue the
grade of the sidewalk on either side of the driveway except:
"(a) When the distance from the edge of the sidewalk to the back of curb is
four feet or leas in which ease not more than two feet of the sidewalk width may be
sloped and used as a part of the driveway transition between the gutter and the
property 1 ine.
"(b) When the sidewalk is constructed adjacent to the back of the curb in
which case not more than five feet of the sidewalk width may be sloped for the
driveway transition approach.
"(c) When in the opinion of the Building Inspector on-site or private
property drainage cannot be provided with the sidewalk placed at curb grade in such
event the longitudinal grade of the sidewalk on either side of the driveway may be
sloped down at the rate of one inch per foot of len~h not to exceed four inches
but the concrete sidewalk shall be continuous across the driveway.
Sec, 28m55. Material to be used,
0'Sidewalks 9 driveways9 inner curbs or street curbs shall be constructed of
concrete composed of Portland cement ll fine aggregate and coarse aggregate 0 except as
herein specifiedo Except that other comparable material may be used when approved
by the Building Inspector. The concrete shall contain not leas than five sacks of
cement per cubic yard and not more than eight gallons of water net per sack of
cement when coarse aggregate is used. The amount of coarse aggregate shall not
exceed eighty-five one hundredths cubic feet per cubic foot of cement (dry9 loose
volume). The minimum compressive stren~h at 28 days shall be 2 9 500 pounds per
square inch.
See. 28·58. Finishing and marking.
~he finish on the surface of the concrete sidewalk shall be monolithic with
the slab and shall be such that it does not present a hazardous condition. The
marking of the top of the sidewalk slab must be done with a specially devised
marking tool at four.,foot intervals. The marking must cut at least me-half way
through the slab and shall be done after the slab has set sufficiently so that the
concrete will not flow. The exposed edges of all concrete shall be neatly finished
with a special edging tooL The contractor shall employ adequate measures to
protect all work from the action of the sunp cold and wind until the same has
thoroughly hardened and set.
Sec. 28.,60. Inner Curbs where sidewalk is adiacent to off-street parking area.
a~here sidewalks are adjacent to an off~street parking area a concrete inner
curb or an iron pipe bumper rail shall be built to separate the parking area from
the sidewalk. Any such concrete curb or iron pipe bU111per rail shall be at. least
4 inches high. If a eorncrete inner curb is constructed it must be at least 4 inches
in width and extend a minimum of 6 inches below the drivi~g surface. Irom pipe
used for a bumper rail shall have a minimum of 3 inches in outside diameter. The
sidewalk may be used as this inner curb provided such sidewalk extends a minimum
of 4 inches above the driving surface.
Sec. 28~63 . Driveways fnto private property or all eys.
90All driveways into private property shall be paved from the street curb
line to the property line. They shall be constructed according to the standards
contained herein arad their design shall be as shown on the standar d details for
construction of sidewalks0 driveways 0 curbs and guttersv referred to in sec. 28·48,
for access to all property other than single family residences shall be approved
as to desisn by the City Traffic Engineer under the terms and conditions of this
Article.
9'Wo driveway access to 'oa~l'0 ~> 0ttl~2°0 9 ''a-3°0 or other residentially zoned
property shall be permitted from a street which is designated as a Major Street by
the Master Thoroughfare Plan except when the Planni ng Commission shall have approved
the plat with lots fronting on such streets or when the plat was filed of record
prior to Jarauary 22 0 1953 0 with lots fronting on ·the Major Street.
Sec, 28..,66. Replacement of pavement.
99All paved surfaces of City streets cut for utility install,..tioa. shall be
replaced by the City at the expense of the utility who caused the street cut. The
utility may place the concrete base as required herein with its own or contractor
labor but only under the direction and supervision of the Street Superintendent of
the City of Lubbock. The City will bill the contractor or utility for the actual
cost of materialsp equipment 9 labor and supervision required to repair the paving.
In lieu of the City doing the work the utility may cause the work to be done by
persons of its selection provided the utility provides the City with a bond assuring
that the surf&ee replaced will be adequately repaired by the utility for a period
of three years. 00
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SEctiON 2. Section 28-24 of Article II, Chapter 28 and Section 28•61 of
Article III of said Chapter 28 are hereby repealed.
SECTION 3. If any section, subsection, sentence, clause, phrase or portion
of this ordinance is for any reason held invalid or unconstitutional by any court
of competent jurisdiction, such portion shall be deemed a separate, distinct and
independent provision and such holding shall not affect the validity of the
remaining portions thereof.
SECTION 4. Any person. firm or corporation violating any of the provisions
of this ordinance shall be deemed guilty of a misdemeanor and upon conviction there•
of shall be fined not exceeding the sum of $200.00. Each day such violation is
committed. or permitted to continue. shall constitute a separate offense and
shall be punishable as such hereunder.
SECTION 5. The City Secretary is hereby authorized and directed to cause
the publication of the descriptive caption hereof together with the penalty provision
for violation thereof in lieu of publication as provided by Article 1176b·l. vernon's
Annotated Civil Statutes of Texas.
SECTION 6. This order shall take effect 10 days from and after the last
date of publication as herein provided.
A N D I T I S S 0 mDEllED.
Passed by the City Council on first reading this 4th day of June, 1964.
Passed by the City Council on second reading this 30th day of June, 1964.
MAX TIDMORE, Mayor
ATTEST:
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