HomeMy WebLinkAboutOrdinance - 1260-1952 - Regulating Construction, Reconstruction, Repair Of Curbs. ETC.. - 08/14/1952\ ~
1260
AN ORDINANCE REGULATING THE CONSTRUCTION, RECONSTRUC-
TION, OR REPAIR OF CURBS,. DR.IVEWAYS, SIDEWALKS, CURBS AND
GUTTERS INCIDENTAL TO COMMERCIAL USE OF PROPERTY; PROVIDING
FOR WRITTEN APPLICATION AND A FEE; PROVIDING PERMITS TO BE
ISSUED BY THE BUILDING INSPECTOR; PROVIDING NO PERMITS ISSUED
UNLESS APPLICATION CONFORMS WITH STANDARD DESIGNS; ADOPTING
AND DEFINING A STANDARD DESIGN FOR COMMERCIAL DRIVEWAYS;
MAKING IT UNLAWFUL TO CONSTRUCT. RECONSTRUCT, REMOVE,
BREAK OR DESTROY SIDEWALKS, DRIVEWAYS, CURBS OR CURB AND
GUTTER UPON PUBLIC PROPERTY; REPEALING ORDINANCES NOS. 1090
. AND 1027.; PROVIDING A PENALTY; AND PROVIDING FOR THE VALIDITY
OF THIS ORDINANCE.
WHEREAS, the City Commission finds that the present ordinances
governing the construction, reconstruction, and repair of curbs, sidewalks,
and driveways incidental to the commercial use of property need certain
changes so that due consideration can be given for pedestrians' use of side-
walks, the location of driveways with respect to vehicular traffic along the
streets, highways and alleys and adequate access to property abutting streets,
highways and alleys within the City of Lubbock; and,
WHEREAS, it is deemed necessary in the public interest to regulate
such construction, to promote public safety and prohibit unwarranted
destruction of public property; THEREFORE,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK:
SECTION 1. That no person, firm or corporation shall construct,
reconstruct, alter, repair, remove or replace any sidewalk or driveway
or curb or combination of curb and gutter on any public property within the
City of Lubbock without £irst obtaining from the Building Inspector a permit
so to do, and all such persons shall construct, reconstruct, alter, repair,
remove or replace said sidewalks, driveways, curbs, or combination of
curbs and gutters under the supervision of the Building Inspector and in
accordance with specifications hereinafter provided for.
SECTION 2. That all applications for the construction, reconstruction,
and repair of sidewalks, driveways~ c~rbs and combination curbs and gutters
shall be in writing with a plat made a part of said application, showing the
location, specifications and other proposed construction, reconstruction or
repair proposed to be done by the owner of abutting property, or his duly
authorized agent.
SECTION 3. That, when any such written application has been submitted
to the Building Inspector and the plan of the proposed improvement c~nforms
to the general specifications shown by THE STANDARD DESIGN FOR COM-
MERCIAL DRIVEWAYS IN THE CITY OF LUBBOCK, designated as Plate 1,
or Plate 2, or Plate 3, or Plate 4, or Plate 5, or Plate 6, dated August 12,
1952, which designs are hereby approved and adopted for driveways incident
v
Paee 2
to commercial use of property, the Building Inspector is authorized to issue
a permit for such construction, reconstruction or repair in accordance with
said designs.
SECTION 3A. Said Plates and Designs are attached hereto and made a
part of this Ordinance.
SECTION 4. That any permit for the removal of an existing curb for the
purpose of providing driveway access to commercial property shall stipulate
and require that the portion of said new dr iveway lying between the curb line
and the property line shall be of the same or higher type surfacing as the
adjacent street, or it may be concrete paving in the option of the applicant for
the permit.
SECTION 5. That a sidewalk shall be shown on the plan for any new
driveway, and said sidewalk shall be constructed across the new driveway at
a grade approved by the City Engineer and to conform to City specifications'
for sidewalk construction.
SECTION 6. That existing driveways giving access to the same property
for which a new driveway is proposed, which do not conform to the prov1s1ons
of this ordinance, shall be revised to meet the requirements of this ordinance.
SECTION 7. That no permit shall be is.sued for the construction, addi-
tion, or structural alteration of any commercial building requiring driveway
access until the plan for driveways has been approved and a permit for same
has been issued by the Building Inspector.
SECTION 8. That all applications for permits provided for l:y" this
ordinance shall be accompanied by a cash fee of Two Dollars ($2. 00), payable
to the Building Inspector, who shall duly deposit same to the credit of the
City of Lubbock.
SECTION 9. That it shall be unlawful for any person to construct, recon-
struct, remove, break or destroy any curb, sidewalk, driveway, or combina-
tion curb and gutter, or any part of any curb or gutter or sidewalk or driveway
or combination curb and gutter located upon the right .of way of any highway,
street or alley within the corporate limits of the City of Lubbock, unless the
owner or his duly authorized agent shall make application for, and the Building
Inspector shall have issued a permit theref-or in accordance with the provi•
sions of this Ordinance.
SECTION 10. That Ordinance No. 1090 and Ordinance No. 1027 are
hereby expressly repealed.
SECTION 11. Any person, firm or corporation violating the provisions
of Section 9 (Nine) of this Ordinance shall, upon conviction, be fined in any sum
not exceeding Two Hundred Dollars ($ZOO); and, each day a driveway shall
remain constructed in violation of the terms of this Ordinance or each day such
a driveway is used, shall constitute a separate off.ense,
SECTION 12, Should any section, paragraph, sentence, clause or phrase
of this Ordinance be declared unconstitutional or invalid for any reason, the
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remainder of said Ordinance shall not be affected thereby, and it is intended
that every other section, paragraph. sentence, clause or phrase of this Ordi-
nance shall remain in full force and effect.
AND IT IS SO ORDERED.
On motion of Commissioner Morris , seconded by Commis-
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sioner Carpenter , the foregoing Ordinance was passed on first ----~---------------
reading this 1.4th day of August , 1952, by the following vote: ___ ..;;;;.. ___ _
Commissioners voting "YEA11 : Morris, Carpenter, Davis, Thomas and
May-or Tripp
Commissioners voting "NAY": None
On motion of Conunissioner Davis , seconded by Com-
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missioner 'I'homs , the foregoing Ordinance was passed on ------------~------
second reading this 28th day of __ _.A;.::ugu:liiloi;;._st._ ___ , 1952, by the following
vote:
Conunissioners voting "YEA":
Commissioners voting 11NAY11 :
, ATT~ES
City S cretary-T~ ---'i..t..il.. ------
Wl.S:sv
(8-12-52)
Carpenter, Davis, Thoms and Mayor pro-t em
.Morris
None
"'J • ~ /l~._j
11R. -.frrpp: -Ma Y'or--..,.--
Harry Morris , Mayor Pro-t ~
·~ ~ (.I ' THE I. .,' .. ' STANDARD DESIGN / " / ' / FOR 1--COMMERCIAL DRIVEWAYS -~ ' IN THE ' . ~ CITY OF LUBBOCK / ' " I / .,.~ " .. / AUGUST 12, 1952 I ORDINANCE NO.I260
r; DOUBLE ENTRANCE PLATE NO. ··2·· •-Nay be lftcreaaed -foot In wk!ttl fof eacll filii tNt d front• an thla aw .. tln e.ceu d 62 felt. But 1n no co" allall driveway at thle polllt •~ .. d forty , .. , ln wlc!lll. 6'-ftlill. It ~ .. eo£7· •a-w~•) ·&; v ~ ,'.11T4HI Prop arty Una Toper end 6' of c .. b to. meet drlwway orode. ----r-Pump tslon3 0 J t ' ' ': Sto ndard 6" eOfletete c .. b and a utter STREET ~ * -~1 i 8 i .... w ~
~· ,. CORNER ENTRANCE PLATE NO. ··3·· ~ty l.inl •-Moy be lncreoHd one foot In width for each five , .. , of trontae• on tNt ttree I In e•c.tt of 62 t'Mt. But In no cote than •lwwoy at this pol nt t.U:ttd forty ftet In wldtll. Pump To9tr ltld 6' of ;wblo mut driveway gro4t 12'-Min. ftf --sldawolk-1. t Mu.-30· «' ,~ \: 7 I f '/Cirl Ealttlno o6rb Stondord 6"-ooncrall curb and gutter Mellon STREET • ~ ~ J 1 u •• 4P ~ "'I a:' t;!
~ ... l J SINGLE FRONTAGE PLATE NO. ··5·· 3d.-.CIJI.fr ....---'1111"" end 6'd curb to ---> meet drl¥e'IIOIIJ trode. 11--Thll diatuce IIICIJM lllc,....lll -'"'· ...... .., .... -,.., ...... .._.. ,_, '"'. Bllf In 110 eou IIMin driwewef at tills palflt uceed fwtJ '"' It! wlcffll. ~Pump -::a.-{ =:.;.--llland-a-) "N T i 4"-CIIrb-l'nlperly LIN -Sidewalk-15'-R. Standard cone,... eurb ond guller section. STFn:U ! i 3d-Mia • •~w
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PURC~ASE REQUISITION ",
tF"':'BY 'La'('>~JDla M W CITY DP' LUBBOCK DATE Septell~r ), l9S2
. .;. )uRCHASING DEPT.-Purch•se the Following Goods to be Delivered: . · ....
C D•tel I Ploeel
From: Avalanche Po.bl.isbi~. C~. . Chg. Acct. No.. lO.F-5
QUANT IT':'
O"Hencl Need
P. O •. NO.
F-9240
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DESCRIPTION: flreruf, Cot. No., Sin, Wt., etc.» UnTt Coat Tot. Coat
Publish all or Ord. ' 1260-~onsiru.ction or curbs, driv s,
sidewalks, curbs and gutters
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THE STATE OF TEXAS l
\co_uNT.v ottuse~~~~ :/J .
";. .\1 " ~EI:' le PlAri e Brown . . ~ ~. Before "'1e .. "' "" • a Notary Puo lrc m and for Lubbock County, Texas, on
~ ; ·~. ·. Parker F. Prouty 1. this day _peF5Qnally appeared · , President, ~icbe,:, of the
Avala&:"'~Joumai'·P.ublishing Company, publishers of The Lubbock Morning Avolonche--
LubbQCk Evening Journoi-S~:,~nd._oy Av5llanche-Journal, who after being by me duly ~worn
d!d depose and soy that se1td newspaper has ~been published continuously for more than
f·!.J..~ k . L. f' -rt' · f...&..· ·tegal Notice... 37080 lnY·tvt:o ·wee s pnor to tne 1rst mse ron o miS ,~o. at
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Lubbock CountY, Texas, and that the attacheer-p·;i~(ed~y ·.of_ ~~f:,:GM:itnance No. 1260
is o true copy of the origi,nal_ a~~ •. ~as ~in~ted in the said ~~er av·alanche-Journal
on the following dates: Se""}1t e1 .ber 7 and 14, 1952 r
~ . ~·~~~~~~~~~~~~~~-
Avalanche-Journal
President
Subscribed and sworn to before me this 16th day of October , 19~
~~'it ~~u .·'4 otory P lie, Lu bock CountyEiffXoS..,L·:.~E· .r.
b LE •MM{l , BROWl)
Notary .. Public in and ff11 l,."uilbock CountY, Teiou My Co~on Expires lun~ 1, 185S