HomeMy WebLinkAboutOrdinance - 2006-O0069 - Amending Chapt. 24 Of Art. IV, VI, VII, "Streets And Sidewalks" Brick Streets - 05/25/2006First Reading
May 25. 2006
Item No. 6.12
ORDINANCE NO. 2006-00069
Second Reading
June 8, 2006
Item Wo. 5.10
AN ORDINANCE AMENDING CHAPTER 24 AT ARTICLES IV, VI, AND VII
OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS
ENTITLED .. STREETS AND SIDEWALKS" REGARDING THE REPAIR AND
PROTECTION OF BRICK STREETS AND ALLEYS; AMENDING CHAPTER 29,
SECTION 25 ENTITLED "HISTORICAL PRESERVATION AND URBAN
DESIGN DISTRICT" TO PROTECT BRICK STREETS AND ALLEYS AND TO
SET UP A REVIEW PROCESS FOR THEIR REMOVAL; PROVIDING A
PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR
PUBLICATION.
WHEREAS, the City Commission authorized Lubbock's first brick street in
1920, and these brick paving projects were continued throughout the 1920's and
1930's including many miles of brick streets and alleys; and
WHEREAS, brick streets are a part of the heritage of Lubbock and
preservation of this heritage will benefit existing and future generations of Lubbock
citizens; and
WHEREAS, out of concern that numerous utility repairs and installations,
street repair and re-surfacing of intersecting streets had left Lubbock's brick streets "a
patchwork of brick, asphalt, and concrete," the City Council passed Resolution No.
1024, February 11, 1982, requiring that any portion of any brick street surface
disturbed by any public or private agency for whatever reason be replaced in a manner
consistent with original construction; and
WHEREAS, brick alleys were not addressed in the 1982 resolution and
specifications for repair requirements were never delineated in the Code of Ordinances
of the City of Lubbock; and
WHEREAS, the Urban Design and Historic Preservation Commission of the
City of Lubbock has recommended (1) that the City provide continued protection of
brick streets and alleys by requiring appropriate repairs as outlined in the 1982
resolution and the repair details prepared by Streets Engineering, (2) that all bricks
salvaged from any removal or repair operation remain the property of the City, and (3)
that a review process be set up for determining when removal of existing brick streets
or alleys is necessary; NOW THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT Section 24-118( a) of the Code of Ordinances of the City of
Lubbock is hereby amended to read as follows:
"(a) All paved surfaces of city streets or alleys, including brick surfaces, cut for
utility installation or for the purpose of making connections with the city
sewerage systems or to alter or repair any sewer or water line, or to place
gas service pipe, or for any other reason shall be replaced at the expense of
the person, firm, corporation or public utility that caused such paving cut.
Such repairs shall be in accordance with the most current Standard Details
for Utility and Curb Cut Repairs, including Plates which are hereby
adopted and incorporated herein by reference as though set out completely
in detail. References in this article to the City's standard plans and
specifications or to specific Plates shall refer to the current Standard
Details, copies of which shall be kept in the offices of the Building
Official and City Engineer."
SECTION 2. THAT Section 24-120 of the Code of Ordinances of the City of Lubbock
is hereby amended to read as follows:
"Sec. 24-120. Protective measures.
(a) While the cut or any part thereof is open, and while any part of the street,
sidewalk or alley is obstructed by the cut or material, the person, firm,
corporation or public utility shall erect and maintain such protective traffic
control devices as are required by the Texas Manual on Uniform Traffic
Control Devices for Street and Highways, as amended, which manual is
published by the State Department of Highways and Public
Transportation.
(b) If such excavation and fill shall substantially occupy the full width of any
street or alley, the person, firm, corporation or public utility shall consult
with the city engineer or designee with regard to whether such street or
alley shall be temporarily closed or a driveway or walkway across the
excavation shaII be maintained.
( c) If the person, firm, corporation or public utility shall fail to take any
protective measure required hereunder, the city engineer or designee shall
supply the deficiency and the actual cost of doing so shall be paid by the
person, finn, corporation or public utility making the cut.
(d) Brick streets and alleys are recognized as a part of the heritage of the city,
and as such are protected by Section 29-25(n).
(I) Any portion of any brick street or alley surface disturbed by any public or
private agency for any reason must be replaced in a manner consistent
with original construction.
(2) Any utility cuts or other disturbances to brick street surfaces must be
repaired in a manner consistent with original construction as outlined in
Section 24-117 through 24-120.
(3) Any bricks removed from any street or alley, whether through repair,
reconstruction or removal, shall be the property of the City of Lubbock
and must be returned to the Streets Department."
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SECTION 3. THAT the Code of Ordinances of the City of Lubbock is hereby
amended by adding a new section, to be numbered 24-160, which section shall read as
follows:
"Sec. 24-160. Brick Streets.
(a) Brick streets are protected as an important part of the city's history. Any
portion of any brick street surface disturbed by any public or private
agency for any reason must be replaced in a manner consistent with
original construction. Any bricks removed from any street, whether
through repair, reconstruction or removal, are the property of the City of
Lubbock and must be returned to the Streets Department.
(b) Repair. Any utility cuts or other disturbances to brick street surfaces must
be repaired in a manner consistent with original construction as outlined in
Sections 24-117 through 24-120.
( c) Removal or reconstruction. Occasionally circumstances may lead to a
request for removal or reconstruction of a section of a brick street.
Requests for removal of brick streets must be reviewed by the Urban
Design and Historic Preservation Commission prior to project bid, and
must be completed before removal or reconstruction can begin, as outlined
in Section 29-25(n). "
SECTION 4. THAT the Code of Ordinances of the City of Lubbock is hereby
amended by adding a new section, to be numbered Sec. 24-166, which said section
reads as follows:
"Sec. 24-166. Brick Alleys.
(a) Brick alleys are protected as an important part of the city's history. Any
portion of any brick alley surface disturbed by any public or private agency
for any reason must be replaced in a manner consistent with original
construction. Any bricks removed from any alley, whether through repair,
reconstruction or removal, are the property of the City of Lubbock and
must be returned to the Streets Department.
(b) Repair. Any utility cuts or other disturbances to brick alley surfaces must
be repaired in a manner consistent with original construction as outlined in
Sections 24-117 through 24-120.
(c) Removal or reconstruction. Occasionally circumstances may lead to a
request for removal or reconstruction of a section of a brick alley.
Requests for removal of brick alleys must be reviewed by the Urban
Design and Historic Preservation Commission prior to project bid, and
must be completed before removal or reconstruction can begin, as outlined
in Section 29-25(n). "
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ECTION 5. THAT the Code of Ordinances of the City of Lubbock is hereby
mended by repealing the whole of subsection 29-25(j)(3) entitled "Public
provements" and reserving that subsection for future use.
ECTION 6. THAT the Code of Ordinances of the City of Lubbock is hereby
mended by adding a new section, to be numbered Sec. 29-25(n), which said section
ads as follows:
"(n) Public Improvements.
1) Improvements on public land, right-of-way, or dedicated easements. When
requested or when designated by ordinance or resolution, the urban design
commission shall recommend to the City Council or other committee, board, or
commission acceptable architectural, landscape architectural and engineering
design for public street and street easement use. Improvements to be
recommended may include street lighting, street furniture, signs, landscape
materials, design textures of sidewalks and streets and other streetscape elements
and public improvements.
2) Brick Streets and Alleys
(a) Protection. In keeping with the policies outlined in Section 29-25(c),
brick streets and alleys are protected as an important part of the city's
history. Any portion of any brick street or alley surface disturbed by any
public or private agency for any reason must be replaced in a manner
consistent with original construction. Any bricks removed from any
street or alley, whether through repair, reconstruction or removal, are the
property of the City of Lubbock and must be returned to the Streets
Department.
(b) Repair. Any utility cuts or other disturbances to brick street or alley
surfaces must be repaired in a manner consistent with original
construction as outlined in Sections 24-117 through 24-120.
( c) Removal or reconstruction. Occasionally, circumstances may lead to a
request for removal or reconstruction of a section of brick street or alley.
Such circumstances might include a major reconstruction of the street due
to drainage issues or a reconfiguration of streets due to aggregation of
property for redevelopment. Requests for removal of brick streets must
be reviewed by the Urban Design and Historic Preservation Commission.
In making a detennination concerning removal of brick streets, the
Commission must consider one or more of the following factors, plus any
other infonnation presented at the time of the request:
1. Adjacent to historic or potentially historic buildings
2. Majority of the brick surface intact
3. Importance to neighborhood history
4. Importance to downtown redevelopment efforts
5. Structural condition/indications for long-tenn stability
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(d) Review. Review of requests for removal or reconstruction should be
conducted prior to project bid, and must be completed before removal or
reconstruction can begin. Any contractor or department wishing to
remove or alter a brick street surface must submit complete plans to the
Secretary of the Urban Design and Historic Preservation Commission,
and review of such plans will be placed on the next available agenda of
the commission.
(e) Appeal. Any applicant or interested person aggrieved by a ruling of the
urban design commission under the provisions of Section 29-25(n)(2)
may, within thirty (30) days after the ruling, appeal in writing to the City
Council."
SECTION 7. THAT should any 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 8. THAT violation of any provision of this Ordinance shall be deemed a
misdemeanor punishable by fine not to exceed Two Thousand and No/ 100 Dollars
($2,000.00) as provided in Section 29-31 of the Zoning Ordinance of the City of
Lubbock.
SECTION 9. THAT the City Secretary is hereby authorized to cause publication of the
descriptive caption of this Ordinance as an alternative method provided by law.
AND IT IS SO ORDERED.
Passed by the City Council on first reading this 25th day of May , 2006.
Passed by the City Council on second reading this 8th day of June , 2006.
ATTEST:
g~-Jh~
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
~~5~ Randy Hen ,
Director oianning
ld ccdocs/Brick Street amendment
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DAVID A. MILLER, MAYOR
APPROVED AS TO FORM:
~.:-e: e:,7 cL~-
Linda Chamales, Senior Attorney
Office Practice Section