HomeMy WebLinkAboutOrdinance - 8568-1984 - Amend. Ch. 24 By Amend. 24-7, 24-9, 24-10, 24-47, 24-49, 24-51, Etc - 02/23/1984JMS:da ORDINANCE NO. 8568 AN ORDINANCE AMENDING CHAPTER 24 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS (BEING STREETS AND SIDEWALKS) BY AMENDING SECTIONS 24-7, 24-9, 24-10, 24-47, 24-49, 24-51, 24-52, 24-53, 24-54, 24-56, 24-57, 24-59, 24-60, 24-69, 24-70, 24-71, 24-72, 24-73, 24-74, 24-75, 24-76, 24-8B, 24-89, 24-90, 24-91, 24-94, 24-98, 24-99, 24-100, 24-101, 24-119, 24-131, 24-132, 24-135, 24-136, 24-139, 24-140, 24-153, 24-154, 24-164, 24-165, 24-166, 24-168 TO READ AS HEREINAFTER SET FORTH IN THE BODY OF THIS ORDINANCE, PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY; AND PROVIDING FOR PUBLICATION. WHEREAS the City Council of the City of Lubbock finds that the changes indicated below would be in the best interests of the citizens of the City of Lubbock; NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT Section 24-7 of Chapter 24 of the Code of Ordinance be amended to read as follows: "Sec. 24-7. Signs, advertisements and house numbers. It shall be unlawful For any person to post or paint signs, advertisements, or other matter on posts, sidewalks, or curbs or other public places in the streets, alleys, or other public places in the city; provided, however, the proprietor of any premises is hereby authorized to paint or authorize the painting, upon the top side or street side of the curb or on the sides of the driveway abutting the premises, oF the proper number designated by the building official for such premises, provided the numbering is black in color on white background or white in color on a green or black background, the number does not exceed four (4) inches in height, the background does not exceed six (6) inches in height and twenty (20) inches in length, and the paint used for such purpose is durable paint designed For application to concrete surfaces." SECTION 2. THAT Section 24-9 of Chapter 24 of the Code of Ordinances be amended to read as Follows: "Sec. 24-9. Display of merchandise. It shall be unlawful for any person to display any goods, wares, merchandise or other commodity For sale upon any sidewalk, sidewalk area or parkway in the city without a street use license. Any person violating this provision shall be deemed guilty of maintaining a nuisance.n
SECTION 3. THAT Section 24-10 of Chapter 24 of the Code of Ordinances be amended to read as Follows~ "Sec. 24-10. Sidewalks, parkways, etc., to be kept safe -By abutting owner. It shall be the duty of any property owner to keep any sidewalk, parkway, curb, or driveway abutting such property in a good and safe condition and free from any defects and hazards of whatsoever kind and character. No plant material, Fence, or structure shall be allowed in such a manner as to interfere with the free passage of vehicles on the street or oF pedestrians on the sidewalk or parkway or to obscure the view of motor vehicle operators oF any traffic control device or street sign or otherwise create a traffic hazard." SECTION 4. THAT Section 24-47 of Chapter 24 of the Code of Ordinances be amended to read as follows: "Sec. 24-47. Exceptions to article, (a) The provisions of this article shall not apply to the construction of any public works by or for the city on any public property, but it shall be the policy of the city to construct all public works consistent with the provisions of this article, except in those cases where the City Council should Find it necessary in the public interest to vary therefrom. (b) The provisions of this article shall apply only ta the street area abutting the lot or tract on which the improvements are to be made. When an application for a permit is made for improvements on land not platted or subdi¥ided within a plat approved by the Lubbock Planning Commission, the applicant shall show on the plan submitted with the required application the proposed boundaries of the indivi-dual tract on which such improyements are to be made. Such tract as shown an the plan shall constitute what street area abuts the tract. Provisions of this section shall apply strictly to applications for permits wherein the requirement For platting is not a precondition for the permit process. No exception provided by this section shall be construed as permitting any activity prohibited by Chapter 25 of t.his code or as authorizing permits for impro¥ements or construction not au t.hor ized by this code." SECTION 5, THAT Section 24-49 of Chapter 24 of the Code oF Ordinances be amended to read as follows: -2 -
"Sec, 24-49. Supervision of work. All initial construction or major reconstruction of curbs and gutters on any public property within the city shell be under the supervision of the city engineer. All projects required by Chapter 25 of this Code or requiring a street or alley use permit and designed by a consulting engineer shall conform to Sections 24-158 and 24-159 of this Code. All construction, reconstruction, alteration, removal, or replacement of curbs and gutters on public property requiring a construction permit shall be under the supervision of the building official.tr SECTION 6. THAT Section 24-51 of Chapter 24 of the Code of Ordinances be amended to read as follows: "Sec. 24-51. Permit-Required. (a) No person shall begin to construct, reconstruct, repair, alter, or replace sidewalks or driveways or reconstruct, repair, alter, or replace curbs and gutters on any public street or alley within the city without first obtaining a construction permit from the building official as provided by this article. (b) No person shall begin to construct curbs and gutters or construct, repair, alter, or grade any street or alley within the city without first obtaining a street or alley use permit from the city engineer as provided by this article, except that, those projects required by Section 25 of this Code shall not require a permit." SECTlON 7. THAT Section 24-52 of Chapter 24 of the Code of Ordinances be amended to read as follows: "Sec. 24-52. Same -Application. An applicant For a permit hereunder shall File with the building official or city engineer an application showing: (1) Name and address of the owner or agent in charge of the property abutting the proposed work area. (2) Name and address of the party doing the work. (3) Location of the work area. (4) Attached plans showing details of the proposed alteration or construction and the proposed use of the public street or alley during the period of construction. -3 -
(5) Estimated cost of the construction or alteration. (6) Such other information as the building official or the city engineer shall find reasonably necessary to the determina-tion of whether or not a permit should be issued here~ under." SECTION 8. THAT Section 24-53 of ~hspter 24 of the ~ode of Ordinances be amended to read as follows: "Sec. 24-53, Same -Bond for work on public right-of-wsy; certificste of insurance; additional indemnification agreement. (a) The person 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 con-structed, reconstructed, removed, or repaired as a condition to the issuance of a permit, shall provide the building official with evidence that the general contractor's bond required as provided 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. (b) Work within the public right of way separate from construction on adjacent private property. (1) When construction, removal, or repair of sidewalks, curbs, gutters, driveways, streets, alleys, or other work within the public right-of-way is to be performed separate From construction on the adjacent private property, the applicant for permit under section 24-51 shall, at the time of making application for permit, provide the building official or city engineer 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 improvement, in favor of the city, 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 official or city engineer a sum equivalent to the estimated cost of the improvements or alteration to secure the completion of such construction in accordance with the city's standards and specificationsf said money to be returned to applicant upon -4 -
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. In lieu of a performance bond or a cash deposit the applicant may file with the building official or the city engineer a letter of guaran-teed credit on a form to be approved by the city attorney. (2) Where the application for a permit is on the public right-of-way, the building official or city engineer 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 this state, evi-dencing that the city 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 one hundred thousand dollars ($100,000) property damage per occurrence and three hundred thousand dollars ($300,000) bodily injury per occurrence. (3) In addition to the performance bond and insurance required in subsections (1) and (2), the building official or city engineer shall be furnished an agreement, evidenced by e~ecution 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 claims, damages, suits, attor-neys• 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. (4) The building official or city engineer shall require an agreement by the applicant, evidenced by execution of the application and acceptance of permit hereunder, that the applicant shall, during the period of such construction and prior to the acceptance of such improvements by the city, 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 public use.•• SECTION 9. THAT Section 24-54 of Chapter 24 of the Code of Ordinances be amended to read as follows: -s -
"Sec. 24-54. Same -Issuance. The building official or city engineer shall issue a permit under this article when he finds: (1) That the plans for the proposed operation are in conformity with the standards and specifications of the city for such work, and has paid such Fees required by Section 24-159 of this Code for projects requiring a street or alley use permit. {2) That the applicant has submitted a duly executed applica-tion, containing all of the information and data called for by section 24-52, including the proposal by the applicant, as part of such application, to indemnify the city against all loss, damages and liability as provided in subsection (b)(J) of section 24-53, and to maintain the streets or alleys in safe condition and to issue instructions and take the precautions for public safety as provided in subsection (b)(4) in section 24-53. (3) (a) That the performance bond, duly approved by the city attorney, or the cash deposit in lieu thereof, and the certificates of public liability and property damage insurance have been furnished to the building official for permits issued under section 24-51(a) all in accordance with the provisions of subsections (b)(1) and (b)(2), respec-tively, of section 24-53. (b) That the performance bond, duly approved by the city attorney, or the cash deposit in lieu thereof or the letter of guaranteed credit, and the certificates of public liability and property damage insurance have been Furnished to the city engineer for permits issued under section 24-51(b), all in accordance with the provisions of sub-sections (b)(1) and (b)(2), respectively, of section 24-53. (4) That the operation will not unreasonably interfere with vehicular and pedestrian traffic, the demand and necessity For parking spaces, and the means of access to and from the property affected and adjacent properties. (5) That the health, welfare, and safety of the public will not be unreasonably impaired." SECTION 10. THAT Section 24-56 of Chapter 24 of the Code of Ordi-nances be amended to read as follows: - 6 -
"Sec, 24-.56. Contractor to be familiar with article; request for instructions. The contractor or other person in charge of work within the scope of this article shall familiarize himself with all the provisions of this article and other ordinances concerning such work and may, upon request, receive explanations and instructions pertaining to the provisions of this article From the city engineer or building offi-cial. 11 SECTION 11. THAT Section 24-57 of Chapter 24 of the Code of Ordi-nances be amended to read as follows; "Sec. 24-57. To whom notices and instructions given. The building official or city engineer shall be authorized to give all notices and instructions with reference to work being done under the provisions of this article either to the contractor or his agent or to any person in charge of the work on the ground." SECTION 12. THAT Section 24-59 of Chapter 24 of the Code of Ordi-nances be amended to read as follows: "Sec. 24-59. Suspension of work. The building official or city engineer shall be authorized to suspend any work begun under the provisions of this article for any period whenever he may deem such suspension to be necessary to insure good work or in the public interest, but no such suspension shall ordinarily extend longer than one week." SECTION 13, THAT Section 24-60 of Chapter 24 of the Code of Ordi-nances be amended to read as Follows: "Sec. 24-60. Contractor to keep, place, and dispose of material. The contractor or other person in charge of work done under the provisions of this article shall keep, place, and dispose of all materials brought on the ground far such work as the building official or city engineer may direct, and shall immediately remove from the street and proximity of the work any materials rejected by the building official or city engineer, and he shall be responsible for and protect all of the work and materials, and shall finish and turn over the work in a complete and satisfactory condition as required by this article •11 SECTION 14, THAT Section 24-69 of Chapter 24 of the Code of Ordi-nances be amended to read as follows: - 7 -
"Sec. 24-69. Same -Subsequent construction. Whenever any portion of the street curb and gutter and the inner curbing is omitted as provided under sections 24-67 and 24-68 of this code, the owner of the property abutting such street who would otherwise be required to make such improvements, shall, within thirty (30) days from receipt of a notice in writing from the building official requiring the construction of such street curb and gutter and inner curbing, make such improvements within the time provided and shall, before making such improvements, obtain another permit from the building official for such improvements as provided in section 24-51, but shall not be required to pay additional fees therefor." SECTION 15, THAT the first sentence of Section 24-70 of Chapter 24 of the Code of Ordinances be amended to read as follows: "Sec. 24-70. Care to avoid accidents; city indemnified. At all times during which any work under this article is being performed, and until such work is completed and accepted and approved by the building official or city engineer, the contractor shall place and maintain all necessary and proper barriers and other safeguards, including watchmen, if necessary, upon and around the work for the prevention of accidents, and at night he shall place, maintain, and keep suitable and sufficient lights and flares to warn of the obstruc-tions and hazards," SECTION 16, THAT Section 24-71(a) of Chapter 24 of the Code of Ordinances be amended to read as follows: "(a) Submission of plan. Any contractor, subcontractor, corpora-tion, Firm, company, or other person who shall undertake to perform any work upon, in, under, above, or about sny street, alley, curb, gutter, sidewalk, or any public right-of-way within the city shall, after the issuance of a construction and/or street use permit For such work, furnish the building official a scale plan or sketch showing the work area, the space within the right-of-way required for the work, and a proposed plan for the use of barricades, signals, signs, flags, flares, and other traffic-control and safety devices about the work area, which plan, referred to in this section as the "barricade plan," shall conform to the requirements set forth in the barricade manual adopted below, and such plan shall be deemed a part of said permit. This section shall not apply to utility companies or the city when either are engaged in work involving overhead signals, communications, and/or electric circuits; provided that said utility companies or city - 8 -
shall establish and maintain adequate warning devices when sngaging in work involving overhsad signals, communications, and/or electric circuits." SECTION 17. THAT Section 24-72 of Chapter 24 of the Code of Ordi-nances be amended to read as follows: 0Sec. 24-72. Decisions of building official and city engineer. The decisions of the building official and city engineer with reference to any work done under the provisions of this article and with reference to all materials, whether free or incorporated in the work, shall be fully binding on all parties in interest, and such decisions shall be in all cases strict in keeping with the intent and purpose of this article and free from all bias and unfairness." SECTION 18. THAT Section 24-73 of Chapter 24 of the Code of Ordi-nances be amended to read as follows: ''Sec. 24-73. Appeal to board of appeals -Authorized. An exception may be granted to the requirements of this article when the board of appeals Finds: (a) That special or peculiar conditions exist on the property to be improved which do not apply generally to lands or improvements in the same area, and that the circumstances or conditions are such that the strict application of the provisions of this article would deprive the applicant of the reasonable development of the property, and (b) The exception as granted by the board is the minimum that will accomplish the reasonable development of the property as determined in ( a) , and (c) The granting of the exception will not be detrimental to the public welfare or injurious to the property or improvements in the general area, and (d) That the literal enforcement and strict application of the provisions of this section will result in unnecessary hardships, other than Financial, and (e) In addition to considering the impact of the exception on adjacent property, the board, in dstermining its Findings has taken into account the actual or possible number of persons using the improvements and the land and traffic conditions in the vicinity, and -9 -
In granting any exception for the prov1s1ons of this article, the board may designate such conditions which will secure substantially the purpose and intent of this article.tt SECTION 19. THAT Section 24-74 of Chapter 24 of the Code of Ordi-nances be amended to read as Follows; "Sec. 24-74. Same -Notices. The notice of appeal may be made in writing, by noting the same upon any instrument furnished by the building official and signed by the person requesting the appeal. Upon such appeal having been made, the building official shall notify the board of appeals and, upon a date being set for the hearing, the building official shall notify the applicant and the city engineer of the time and place of such hear-ing• Tl SECTION 20. THAT Section 24-75 of Chapter 24 of the Code of Ordi-nances be amended to read as Follows: "Sec. 24-75. Same -Burden of proof. The burden of proof shall rest with the applicant to show that application of the terms of this article will create an unnecessary hardship or deprive the applicant of reasonable development of the property in question, due to peculiar conditions of or on such property. Financial considerations shall not constitute the sole basis for hardship." SECTION 21. THAT Section 24-76 of Chapter 24 of the Code of Ordi-nances be amended to read as Follows: "Sec. 24-76, Same -Building official and/or city engineer to submit evidence. The building official and/or city engineer shall submit all pertinent instruments to the board of appeals, together with such testimony as may be pertinent." SECTION 22. THAT Section 24-88 of Chapter 24 of the Code of Ordi-nances be amended to read as follows: "Sec. 24-88. Sidewalk location; construction method; exceptions; duty where sidewalk not required. -10 -
(a) Sidewalks shall be constructed along all streets and avenues abutting the property being developed or improved and shall extend to the curbline on each corner lot simultaneously with any construction or development on the property except: (1) On any one side of a residential street into which lots front when more than sixty (60) percent of the frontage between street intersections has been developed without sidewalks prior to the time a permit is requested. (2) When the planning commission shall approve a specific use zone within which the site plan specifically does not provide sidewalks as required within this article. Other-wise, sidewalks shall be provided as required by this article. The planning commission shall consider the intent of this article for sidewalks when hearing any specific use zone case requesting deviation from existing location requirements. (3) Where, in a single-family residentially zoned area the minimum lot frontage on the side of the street in question between street intersectiont as platted and as developed, is one hundred fifty (150) feet and the minimum lot area is thirty thousand (30,000) square feet. (4) [n M-1 and M-2 zoning districts, where the abutting street is not designated as a highway or is not designated as E (expressway), T (thoroughfare), or C (collector) on the master thoroughfare plan of the city. (5) When an addition or improvement is made to an existing single-family or duplex structure except when the estimated cost of the improvement exceeds thirty percent (30%) of the current tax district appraised tax value of the structure and when forty percent (40%) or more of the lots or tracts on the same side of the street and between street intersec-tions are developed with sidewalks. (b) At locations where sidewalks are not required by this code or where sidewalks do not exist it shall be the duty and responsi-bility 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 with this code." SECTION 23. THAT Section 24-89 of Chapter 24 of the Code of Ordi-nances be amended to read as follows: -11 -
"Sec, 24-89, Sidewalk location. All sidewalks shall be constructed in that area between the curb or grade of the public street and the abutting property line. Required sidewalks shall have two options for location and width: (a) Sidewalks shall be a minimum of four feet wide and the inner edge of the sidewalk shall be contiguous and parallel with the abutting property line, or (b) Sidewalks may be six feet in width and the outer edge of the sidewalk shall be contiguous and parallel with the existing curb. In no instance shall six foot curbback sidewalks be installed where curbing does not exist. This design of sidewalk shall be required in association with all public streets abutting school sites intended for primary or secondary education. In areas where the sidewalk construction would leave twenty-four inches (2411) or less of space between the back of the curb and the outer edge of the sidewalk, the sidewalk width shall be extended sufficiently ta extend to the back of the curb. Sidewalk construction For the options in (a) and (b) above shall continue with the same design for the block frontage between street intersections, and no new construction shall vary from the established design of sidewalks within a single block face. tt SECTION 24. THAT Section 24-90 of Chapter 24 of the Code of Ordi-nances be amended to read as follows: "Sec. 24-90. Thickness and cross-section. (a) Concrete sidewalks. The thickness of concrete sidewalks shall be a minimum of four (4) inches and shall be of a cross-section as approved by the city council. Plates describing this cross-section shall be kept on File in the office of the city engineer. (b) Driveways. The thickness and cross-section of driveways will vary in accordance with the type of construction materials and the type of usage to which it is subjected. In general, all concrete driveways shall have a minimum thickness of four (4) inches. Rein-forced gutter sections required at commercial driveways shall be constructed prior to and separate from the driveway slab, (c) Inner curbs. Inner curbs shall be a minimum of four (4) inches in width, unless otherwise specified by the city, and shall extend a minimum of four (4) inches above the driving surface, except that they may taper at driveway returns so that the top of the inner -12 -
curb meets the sidewalk grade as indicated on such plates that are filed in the office of the city engineer. Separate inner curbs shall extend a minimum of six (6) inches below the driving surface. (d) Street curbs and gutters. The thickness and cross-sections for street curbs and gutters shall be shown and designated as speci-fied by the city and as shown on plates filed in the office of the city engineer, except where there is an existing street curb and gutter of a different section to be met or reconstructed, in which case the thickness and cross-section shall conform to the existing pattern." SECTION 25. THAT the first sentence of Section 24-91(a) of Chapter 24 of the Code of Ordinances be amended to read as follows: n ( a) It shall be unlawful for any person to excavate, commence construction, or place any material for any work described in this article in a public street or public place until a permit for such work has been obtained from the building official as provided herein, or until stakes or lines and grades for such work have been given by the city, unless for sidewalk and driveway construction the curb adjacent to the property is existing, and then the contractor shall follow the grade of the existing curb," SECTION 26. THAT Section 24-91{c) of Chapter 24 of the Code of Ordinances be amended to read as follows: 11(c) The grade of the sidewalk shall parallel the grade of the top of 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 twenty-five dollars ($25.00) shall be charged by the city to set two (2) grade stakes for the elevation of the sidewalk and an additional Five dollars ($5.00) 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." SECTION 27. THAT Section 24-91(d)(2) of Chapter 24 of the Code of Ordinances be amended to read as follows: "(d)(2) When the sidewalk is constructed adjacent to the back of the curb a minimum of two (2) feet of the inner edge of the sidewalk shall continue the grade of the sidewalk on either side of the driveway. The remaining width may be sloped for the driveway transi-t ion approach." SECTION 28. THAT Section 24-94 of Chapter 24 of the Code of Ordi-nances be amended to read as follows: -13 -
''Sec. 24-94. Material to be used. Sidewalks, driveways, or inner curbs shall be constructed of concrete composed of portland cement and fine aggregate, except as herein specified, except that other comparable material may be used when approved by the building official. The concrete shall contain not less than five (5) sacks of cement per cubic yard and not mare than eight (8) 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 (.85) cubic feet per cubic foot of concrete (dry, loose volume). The minimum compressive strength at twenty-eight (28) days shall be three thousand 0, ODD) pounds per square inch. n SECTION 29. THAT Section 24-9B(a) of Chapter 24 of the Code of Ordinances be amended to read as follows: "(a) Transverse expansion joints for all sidewalks, three-quarter inch in thickness, and extending the full width of the concrete slab, shall be provided at intervals not more than thirty-six (36) feet apart. These joints must be the full depth of the concrete and shall be well filled with some satisfactory and elastic joint filler approved by the city engineer or building official." SECTION 30. THAT Section 24-98(c) of Chapter 24 of the Code of Ordinances be amended to read as follows: "(c) Where a new section of sidewalk is to connect with a previously constructed walk, a three-quarter inch expansion joint must be made and filled as provided." SECTION 31. THAT Section 24-99 of Chapter 24 of the Code of Ordi-nances be amended to read as follows: "Sec. 24-99. Bumper blocks and bumper rails where sidewalk is adjacent to off-street parking area. Where a public parkway area is adjacent to an off-street parking area, a concrete bumper curb or an iron pipe bumper rail shall be built to prevent encroachment of vehicles onto the public way. The bumper curb or rail shall be set back from the property line so that no part of a parked vehicle will extend over public property. Any such concrete bumper block shall be at least four (4) inches in width, be four (4) inches high and be securely anchored. Iron pipe used for a bumper rail shall have a minimum outside diameter of three (3) inches and have the standard or supports permanently anchored in the ground." -14 -
SECTION 32, THAT Section 24-100 of Chapter 24 of the Code of O~di-nances be amended to read as Follows: "Sec. 24-100. Steps or offsets in sidewalk. The person in charge of the work shall not construct any step or offset along the grade of the sidewalk. Where conditions necessitate a grade change along the sidewalk, the change shall be accomplished by a ramp consistent with the building code which requires no greater slope than one vertical in eight horizontal, When conditions exist which require a step or offset From the grade of the sidewalk to the grade of the curb-top, such step or offset shall occur only at the instance of written instructions from the city engineer or building official." SECTION 33. THAT the First paragraph of Section 24-101 of Chapter 24 of the Code of Ordinances be amended to read as follows: "All driveways into private property shall be paved from the street curbline to the property line. The design and construction of such driveways shall be in accordance with this section, section 24-86 of this code and the driveways standards, Plates 1, 2, 3, 4, 5 and 6 which are made a part hereof, a copy of which plates shall be kept in the office of the building official open to public inspection. Driveways for access to all property other than single-family resi-dences must also have the approval of the director of traffic engi-neering or his representative, to insure that such driveway design complies as Follows. 11 SECTION 34, THAT Section 24-101(i) of Chapter 24 of the Code of Ordinances be amended to read as follows: " ( i) No driveway access to "R-P or "R-2 '' residential property shall be permitted from a street which is designated as a thoroughfare ("E" or nr11) by the master thoroughfare plan except when the planning commission shall have approved such access by site plan.'' SECTION 35. THAT Section 24-101(j) of Chapter 24 of the Code of Ordinances be amended to read as follows: "(j) All paved surfaces of city streets cut for the construction of commercial driveways shall be replaced by the city at the expense of the contractor who caused the street cut. The contractor shall pre-pay the city for the estimated cost of repairing the paving at all proposed commercial driveways at the time of issuance of the building permit. The rate shall be as established by ordinance. In the event no repairs are necessary, such payment will be returned to the contractor." -15 -
SECTION 36. THAT Section 24-119 of Chapter 24 of the Code of Ordi-nances be amended to read as follows: "Sec. 24-119. Detailed drawings to be furnished city. The city shall be furnished with four (4) detailed drawings, approved by the city engineer, showing the size and exact location of all the mains and the entire distribution systemt before any work described in Section 24-116 of this code starts." SECTION 37. THAT Section 24-131 of Chapter 24 of the Code of Ordi-nances be amended to read as follows: "Sec. 24-131. Definitions. For the purpose of this article, the following wards and phrases shall have the meaning herein ascribed to them: Master Thoroughfare Plan -A general plan for the roads, streets, public highways, and alleys within the city and the ETJ. The plan shall designate the type and width of major streets. Street -The term "street" shall refer to a dedicated public way for vehicular traffic, however designated. Expressway -(Expressway -E1 or E2 on Mester Thoroughfare Plan) -A divided expressway freeway for through traffic with full control of access and with grade separations at major intersec-tions. Expressways and freeways shall have a minimum width of two hundred feet, Thorou hfare Streets or Hi hwa s -(Thoroughfare -T1 or T2 on Master Thoroughfare Plan -Thoroughfare streets are the major streets of the city traffic system. The thoroughfare is used primarily for Fast and/or heavy traffic moving in large volumes at moderate speed on long intercity or intracity trips. Collector -Collector streets are those which transfer traffic from residential streets to thoroughfare streets (C-1 on Master Thoroughfare Plan). Industrial -Industrial streets are those which provide for safe and efficient travel of heavy traffic from industrial areas to the major traffic system of thoroughfares and highways, including the principal entrance streets of and streets for circulation in the industrial areas. (I on Master Thoroughfare Plan). -16 -
Residential -Residential streets are those which are used primarily for access to the abutting properties, generally within residential areas, (R-1 and R-2 on Master Thoroughfare Plan). Alley -The word "alley" shall mean any public street at least twenty feet in width, having no official name, which is designed primarily For installation of and access to public utilities. The alley shall extend only secondary access to the abutting property unless primary alley access is approved by site plan, plat, or existing zoning. Street Access -Each platted tract or lot within the City of Lubbock shall front onto a public street, and shall have rear access to an alley, unless provided for otherwise under provision of existing City code or by action of the city council," SECTION 38. THAT Section 24-132 of Chapter 24 of the Code of Ordi-nances be amended by adding a sentence thereto to read as fallows: "The Master Thoroughfare Plan is proposed For amendment to the City Council by the Planning Commission as conditions change within the city. 11 S[CTION 39. THAT Section 24-135 oF Chapter 24 of the Code oF Ordi-nances be amended to read as follows: "Sec. 24-135. Same -Copy kept by city secretary. A true and correct copy of the Master Thoroughfare Plan map shall remain on file with the city secretary." SECTION 40. THAT Section 24-136 of Chapter 24 of the Code of Ordi-nances be amended to read as Follows: ••sec. 24-136. Same -Original kept up-to-date. It shall be the duty of the Secretary of the Planning and Zoning Commission to keep up-to-date the original Master Thoroughfare Plan map, showing all the changes, amendments, or additions thereto and recording the ordinance number and date of passage of each change, amendment, or addition." SECTION 41. THAT Sections 24-139 and 24-140 of Chapter 24 of the Code of Ordinances be amended by repealing said Section 24-139 and Section 24-140 in their entirety and reserving those numbers. Sections 24-141 through 24-149 shall remain in reserve. Section 24-151 shall be renumbered as Section 24-150. Section 24-151 oF the Code oF Ordinances be amended to read as Follows: -17 -
"Sec. 24-151. Street permit. It shall be unlawful for any person to construct, reconstruct, alter, repair, remove, or replace any paving on any public street within the city, with the exception of improvements required by Chapter 25 of this Code, without first having obtained from the city engineer a permit for such construction in accordance with Sections 24-51 through 24-54, except that, as to paving improvements required by Chapter 25 of this Code, the proponent for approval of final plat shall, prior to the approval of such plat, meet all of the require-ments of subsection (b) of Section 24-53 pertaining to the furnishing of performance bond, public liability and property damage insurance, the indemnification and hold harmless agreement and the agreement to maintain safe conditions to the same extent and in the same manner as required by an applicant for permit under Section 24-51. All paving construction, reconstruction, alteration, repair, removal, or replace-ment shall be in full compliance with all of the provisions of this Code governing street and alley paving, including all of the require-ments thereof regarding the payment of fees, furnishing of performance bond, public liability and property damage insurance certificates, and indemnification of the city against all loss, damages, expenses, or liability which may result in any manner from the construction of any such irnprovements.11 SECTION 42. THAT Section 24-153 of Chapter 24 of the Code of Ordi-nances be amended to read as Follows: "Sec. 24-153. Standards and design. (a) The standard design, layout and plans for the construction, reconstruction, and/or replacement of all pavement for streets and drainage structures in the City of Lubbock shall conform to the Master Thoroughfare Plan of the city and be constructed according to the most recent applicable specifications approved by the City Council and plans approved by the City Engineer. (b) Full width paving shall consist of curb and gutter sections, as described in section 24-86, with a roadway consisting of a minimum depth of six (6) inches of compacted caliche base and a four (4) course penetration type or one and one-half (1 1/2) inches of type "C" hot mix asphaltic concrete surface. The width shall be consistent with the rnaster thoroughfare plan. -18 -
(c) Strip paving shall consist of shaped drainage ditch sections with a roadway consisting of twenty-Four (24) Feet wide and a minimum depth of six (6) inches of compacted pit run caliche base and a twenty (20) foot wide three (3) course penetration type or one and one-fourth (1 1/4) inches of type "C" hot mix asphaltic concrete surface. (d) All work shall be done under the direction of the city engineel'. (e) Half-street paving must have the approval of the city engineer as to provisions for drainage, utilities and the removal of any obstructions in the proposed roadwayr the acquisition by the developers or owners of any necessary temporary working easements shall be at their expense." SECTION 43. THAT Chapter 24 of the Code of Ordinances be amended to add a section 24 -154 to read as follows: 11Sec. 24-154. Except ion. The provisions of this article shall not apply to the construc-tion of any public works by or for the city on any public property. It shall be, however, the policy of the city to construct all street paving in accordance with the specifications and details provided by this article except in those cases where the City Council should find it necessary in the public interest to vary therefrom. 11 SECTION 44. THAT Chapter 24 of the Code of Ordinances be amended to add a Section 24-155 to read as follows: "Sec. 24-155. City participation in cost of street pavement. The City may, at the option of the City Council, participate in the total established contract cost of any street paving project to the extent as provided by current City Council paving policy. Any reimbursement to a developer for engineering sel'vices by any private consulting engineer which are associated with the city participation in paving shall be limited to six (6~~) percent." SECTION 45. THAT Chapter 24 of the Code of Ordinances be amended to add a Section 24-156 to read as follows: "Sec. 24-156. Improvements to become city property upon acceptance. Any paving constructed under this article upon any public street in the city, upon final acceptance by the City Council or the city engineer9 shall become the property of the city." -19 -
SECTION 46. THAT Chapter 24 of the Code of Ordinances be amended to add a Section 24-157 to read as follows: ,rsec. 24-157. Assessments when pavement constructed by the city. When street paving is constructed by or at the instance of the city, the cost thereof, including engineering cost, shall be assessed against the abutting property and the owners thereof,in accordance with the provisions of Article 1105b, as amended, of Vernon's Anno-tated Civil Statutes of Texas and current City Council paving pol-icy." SECTION 47. THAT Chapter 24 of the Code of Ordinances be amended to add a Section 24-158 to read as follows! "Sec. 24-158. Engineering for paving improvements. A. All Engineering Services performed by City Engineering Staff 1. The work necessary to perform engineering services prior to, during, and at completion of construction of street and alley paving and drainage projects may be done by the City Engineering Department staff at the request of the property developer. 2. The City shall provide the developer copies of the plans and cost estimates for paving and drainage improvements required by Chapter 25 of this Code. The City shall, upon completion of the improvements, make a final breakdown of the actual quantities and costs of the work done by the paving contrac-tor. 8, Engineering services performed by the Developer's engineering consultants with plan review and approval, testing and inspection performed by City Engineering Staff. 1. The engineering plans, specifications and staking may be done by the property developer's engineering consultant. 2. The property developer's engineering consultant shall prepare plans for review and approval by City Engineer prior to actual start of construction. The consultant shall obtain from the City Engineer the most current City Council approved specifications for paving and drainage improvements For use on the project. The developer's engineering consultant shall be a Professional Engineer registered in the State of Texas whose specialty is Civil Engineering. -20 -
3. The City Engineer shall express written approval or dis-approval of such plans and shall state the conditions, if any, of such approval or disapproval. No construction shall start prior to written approval by the City Engineer. 4. Testing and inspection of paving improvement project shall be performed by the City Engineering Department staFF under the supervision of the City Engineer, The City Engineer may require certain tests of materials be performed by private testing laboratories. 5. The developer's engineering consultant shall provide construction staking and grade elevations for the paving contractor as established by the plans approved by the City Engineer. The City Engineer shall receive cut and fill sheets, verification of stake alignment, and a proposed construction schedule prior to actual construction. 6. Upon completion of construction, the developer (in cooperation with the developer's engineering consultant) shall furnish to the City Engineer: a. Final flas-built" plans signed and affixed with the seal of developer's engineering consultant. Plans shall be in ink on single or double profile mylar. The plan view shall be on a one (1) inch equals Fifty (50) feet scale with the profile on a one (1) inch equals one (1) foot or one (1) inch equals two (2) feet vertical scale. The profile shall show the ground elevations prior to construction and the final gutter or flowline elevations as constructed. b, A breakdown of actual quantities constructed and final costs For the work done on a form approved by the City Engineer, signed and affixed with the seal of the developer's engineering consultant. 7. After final inspection and approval of the paving improvements required by Chapter 25 of this Code by the City Engineer, the City Engineer shall submit said improvements to the City Council for their consideration for approval and acceptance. SECTION 48. THAT Chapter 24 of the Code of Ordinances be amended to add Section 24-159 to read as follows: -21 -
"Sec. 24-159. Fees for Paving Improvements. A. The Fee to the property developer For all engineering services, staking, testing, and inspection by City staff shall be six (6%) psrcsnt of ths total sstimated cost of construction. B. When engineering services are performed by a consulting engi-neer: 1. Ths fee to be charged by ths City of Lubbock For review of plans and specifications prepared by the developer's engineering consultant for paving improvements required by Chapter 25 of this Code shall be Two Hundred Dollars ($200.00) for the first acre of the final plat, or portion thereof, and Five Dollars ($5.00) pat acrs for sach addi-tional acre of the final plat, or portion thereof. 2. The Fee to be charged for review of plans and specifications prepared by a consulting engineer for street or alley use permit paving construction (Section 24-51, 24-151, 24-167) shall be one-half (1/2ro) percent of the total estimated cost of construction. 3. The fee to be charged by the City of Lubbock for testing and inspection when engineering services are performed by a consulting sngineer shall be four (4r.) percent of the total estimated cost of construction. C. Additional fees may be rsquired by the City Enginssr on a cost basis for: 1. Additional chargss for testing, inspection and staking in accordance with current City policies for work requested by the developer, including but not limitsd to, increased costs for city personnel working weekends and/or holidays. 2. Thoss instances when additional inspection and testing occur due to deficiencies in construction materials or workmanship." SECTION 49. THAT Chapter 24 of the Code of Ordinances be amended by adding a second sentence to the present Section 24-163 to read as follows: "Sec. 24-163. Supervision. All projects required by Chapter 25 of this Code or requ1r1ng a street or alley use permit and designed by a consulting engineer shall conform to Sections 24-158 and 24-159 of this Code.'' -22 -
SECTION 50. THAT Section 24-164 of Chapter 24 of the Code of Ordi-nances be amended to read as follows: "Sec. 24-164. Design; layout; plans and specifications, (a) The standard design, layout, and plans for the construction, reconstruction, and/or replacement of all pavement for alleys in the city shall conform to either plate #7 or plate #8 which are made a part hereof, copies of which shall be kept in the office of the building official and open to public inspection. (b) Any alley in the city to be paved which does not contain railroad tracks or is designated as a primary access alley shall be paved to a width of ten {10) feet centered on the center line of the alley. (c) An alley designated as a primary access alley shall be installed when rear access to residential structures is proposed. A standard twenty foot alley shall be dedicated with a three (3) foot utility, garbage collection easement and access easement on each side of any alley proposed for rear access. No portion of the primary access alley easement or alley shall be fenced. The minimum paving for a primary access alley shall consist of a ten (10) foot paved section in the center of the right-of-way. (d) Any alley in the city containing railroad tracks shall be paved from right-of-way line to right-of-way line. (e) The design, layout and plans shall be approved or furnished by the City Engineer. The most recent City Council approved specifications shall be furnished by the city engineer." SECTION 51, THAT Section 24-165 of Chapter 24 of the Code of Ordi-nances be amended to read as follows: "Sec. 24-165, Specifications -Concrete alleys. Concrete alley paving shall be constructed in accordance with the most recent City Council approved specifications which shall be furnished by the city engineer." SECTION 52. THAT Chapter 24 of the Code of Ordinances be amended by repealing the present Section 24-166 and reserving that number. SECTION 53. THAT Section 24-167 of the Code of Ordinances be amended to read as follows: -23 -
"Sec. 24-167. Alley use permit. It shall be unlawful For any person to construct, reconstruct, alter, repair, remove or replace any paving on any public alley within the city, with the exception of improvements required by Chapter 25 •F this Code, without first having obtained from the city engineer a street or alley use permit for such construction in accordance with Sections 24-51 through 24-54. All paving, construction, reconstruc-tion, alteration, repair, removal or replacement shall be in full compliance with all of the provisions of any ordinance of the city governing street and paving including all of the requirements thereof regarding the payment of fees, furnishing of performance bond, public liability and property damage insurance certificates, and indemnifi-cation of the city against all lass, damages, expenses, or liability which may result in any manner from the construction of any such improvements." SECTION 54. THAT Chapter 24 of the Code of Ordinances be amanded by repealing the present Section 24-168 and reserving that number. SECTION 55. THAT Chapter 24 of the Code of Ordinances be amended to amend Section 24-169 to read as follows: "Sec. 24-169. Improvements to become city property upon acceptance. Any paving constructed under this article upon any public alley in the city, upon final acceptance by the City Council or the City Engineer, sh all become the property of the city." SECTION 53. THAT should any section, paragraph, sentence, clause, phrase or word of this Ordinance be declared unconstitutional or invalid for any reason, the remainder of this Ordinance shall not be affected thereby. SECTION 54. THAT violation of any provisions of this Ordinance shall be deemed a misdemeanor punishable by a fine not to exceed two hundred dollars as provided in Section 1-4 of the City Code. SECTION 55. THAT the City Secretary is hereby authorized to cause publication of the descriptive caption of this Ordinance as an alternative method provided by law. -24 -
Passed by the City Council on first reading this 23rd day of February 198 4. Passed by the City Council on second reading this 8th day of March 1984. ATTEST: Evelyn Gaf ga, ~ity APPROVED AS TO CONTENT: APPROVED AS TO FORM: tary-Treasurer City Manager Ji M, Sherwin, Assistant City Attorney -25 -