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HomeMy WebLinkAboutOrdinance - 5896-1970 - Establishing Building Line, West Side Of Ave H, W Of The NE Corner Of Lot A, - 06/11/1970KJ:EW .. ORDINANCE NO. 5896 ------ AN ORDINANCE ESTABLISHING A BUILDING LINE ON AVENUE HAS MORE PARTICULARLY DESCRIBED 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 LINE! AND THE RIGHT OF WAY LINES EXISTING PRIOR TO THE BUILDING LINE ESTJ - BLISHED HEREIN; REGUIRING EXISTING STRUCTURES ON, OR EXTENDING BEYOND THE BUILDING LINE HEREIN ESTABLISHED TO CONFORM TO SUCH BUILDING LINE WITHIN FIVE (5) YEARS; DEFINING "BUILDING LINE1t AND PR1 ~- VIDING THAT SETBACK REQUIREMENTS UNDER THE CITY1S ZONING ORDI- NANCE AND AMENDMENTS THERETO BE DETERMINED FROM THE BUILDING LINE HEREIN ESTABLISHED; PROVIDING EXCEPTIONS FOR UTILITY EXTEN ... SIONS .AND PUBLIC IMPROVEMENTS; REPEALING AbL ORDINANCES ESTAB- LISHING BUILDING LINES WHICH CONFLICT HEREWITH; PROVIDING A SA VINC :i CLAUSE; PROVIDING FOR PUBLICATION AND DECLARING AN EMERGENCY. WHEREAS, Article 1105a, Revised Civil Statutes of Texas provides for the establishment of building lines on any part of any street in a city; and, WHEREAS, the City Council finds that public convenience, safety and necessit: in the City of Lubbock requires that a building line or :-right-of-way line be estab- lished on Avenue Has more particularly described in the body of this Ordinance to prevent the construction and replacement of structures and trees bey~nd the build- ing line so established, such area being required in connection with the widening, and improving that part of the streets described more particularly hereinafter in the body of this Ordinance; and, WHEREAS, the widening and improving of said Avenue Hand the establishmen of a building line are necessary and will ultimately provide streets of desirable anc adequate width which will aid in relieving heavy traffic in congested areas in accordance with the City's Urban Transportation Plan; and, WHEREAS_, the City Council finds that the establishment of such building lines immediately, prior to rebuilding and repairing storm damaged buildings, creates an emergency; NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT a building line is hereby established on a certain portion of Avenue H which is more particularly described as follows, to-wit: 1. On the West~s £de~of Avenue_H beginning at a point 52. 25' West of the Northeast corner of Lot A, of the Liff Sanders Addition and extending North and parallel to the existing West property line of Avenue H for ' a distance of 5941 to a point on the South property line of 1st Place, said point being 52. 25 1 West of the existing West property line of Avenue H. SECTION 2. THAT no building or structure shall hereafter be erected, 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 beyond said building line hereinabove described. SECTION 3. THAT all structures on or extending in whole or in part beyond the building line established by this Ordinance are hereby required to conform to the same as established in Section One (1) of this Ordinance within five (5) years from the effective date hereof. '- SECTION 4. The term 11Build:ing Line" as herein used shall be construed to mean "street right ... of-way line", and the setback requirements under the City's Zoning Ordinance and all amendments thereto shall apply in addition to the right-a way lines herein established, it being the intent and purpose of this Ordinance to preserve all land beyond the building line herein established for ultimate street purposes. SECTION 5. If any section, paragraph, subdivision, clause, phrase or pro- vision 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 hereof other than the part so decided to be invalid or unconstitu- tional. SECTION 6. THAT the City Secretary is hereby authorized to cause publica- tion of the descriptive:r caption of this Ordinance as an alternative method provided by law. SECTION 7. The fact that public necessity and convenience requires that thi Ordinance be passed as an emergency measure for reasons set forth in the pre- amble hereof, the rule requiring that no Ordinance shall be finally passed on the day of its introduction be suspended, and this Ordinance is declared to be an emer gency measure to take effect from and after its passage. .. ATTEST: AND IT IS SO ORD 2 ' ·' 1970 •