HomeMy WebLinkAboutOrdinance - 2010-O0097 - Adding Section 14.01.008 Lubbock Memorial Civic Center - 12/02/2010First Reading
December 2, 2010
Item No. 6.6
ORDINANCE NO. 2010~00097
Second Reading
December 15, 2010
Item No . 5.43
AN ORDINANCE ADDING SECTION 14.01.008 TO THE CODE OF ORDINANCES,
CITY OF LUBBOCK, TEXAS REGULATING AND PROHIBITING THE PRESENCE
OF ANY PERSON ON THE GROUNDS OF, OR AT, THE LUBBOCK MEMORIAL
CIVIC CENTER, MAHON PUBLIC LIBRARY, GROVES BRANCH LIBRARY,
PATTERSON BRANCH LIBRARY, THE CITY HALL BUILDING OR THE
LUBBOCK BUSINESS CENTER BUILDING IN THE CITY OF LUBBOCK, TEXAS
BETWEEN THE HOURS OF 12:00 O'CLOCK MIDNIGHT AND 5:00 O'CLOCK
A.M.; PROVIDING EXCEPTIONS FOR CITY EMPLOYEES, LAW ENFORCEMENT
OFFICERS, OR PERSONS ATTENDING AN EVENT CONDUCTED WITH CITY
AUTHORIZATION OR PERSONS ON THE GROUNDS PURSUANT TO A
CONTRACT OR OTHER WRITTEN PERMISSION; PROVIDING DEFINITIONS;
PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR
PUBLICATION.
WHEREAS, the Lubbock Memorial Civic Center, Mahon Public Library, Groves
Branch Library, Patterson Branch Library, City Hall Building and Lubbock Business
Center Building are publicly supported facilities ("Facilities") for the use, benefit and
enhancement of the City of Lubbock, Texas; and
WHEREAS, issues of public safety, health and security have arisen that
negatively impact the use of these Facilities and which threaten the safety of the public
and the employees at these Facilities; and
WHEREAS, such threats to the public safety, health and security include, but are
not limited to: a homicide; illegal drug activity, including used needles and syringes on I the premises of the Facilities; sexual activity, including public nudity and sexual acts
taking place in public; campfires on the premises of the Facilities; vandalism and graffiti
to the Facilities; trash, debris, public urination and defecation on the premises; public
intoxication and disorderly conduct; in addition to the presence of unsecured parcels and
personal belongings on the premises; and
WHEREAS, these acts are a threat to the public health, safety, security and
welfare of those employed at these Facilities and those citizens that visit and utilize the
Facilities; and
WHEREAS, the City Council finds that it is in the best interest of the public to
establish, by ordinance, hours of closure for these Facilities. NOW THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the Code of Ordinances, City of Lubbock, Texas is hereby
amended by adding a section, to be numbered 14.01.008, which said section to read as
follows:
Section 14.01.008 Curfew for Lubbock Memorial Civic Center, Mahon Public Library,
Groves Branch Library, Patterson Branch Library, City Hall, and Lubbock Business
Center.
(a) As used in this section, the following words shall have the meaning ascribed
herein:
City Hall means the grounds including and surrounding the City Hall Building (1625 13111
, Street) in Lubbock, Texas, that are contained within the following boundaries, including
the east parking lot adjacent to the City Hall Building:
A 2.56 acre tract of land out of LOT C, G. A. RUSH ADDITION to the City of
Lubbock, Lubbock County, Texas, and being more particularly described as
follows:
BEGfNNING at a found "x" on concrete for the Northwest corner of this tract,
also being the Northwest comer of Lot C, G. A. Rush Addition to the City of
Lubbock, Lubbock County, Texas;
THENCE East, 345.0 feet to a found railroad spike, for a comer of this tract;
THENCE North, 0.6 feet to a found railroad spike, for a corner of this tract;
THENCE East, 25.0 feet to a found railroad spike, for a corner of this tract;
THENCE South, 104.0 feet to a found railroad spike, for a comer ofthis tract;
THENCE East, 150.0 feet to a found "x" on concrete, for the South-Northeast
comer of this tract;
THENCE South, 178.0 feet to a railroad spike, set for the Southeast comer of this
tract;
THENCE West, 292.0 feet to a railroad spike, set for a corner of this tract;
THENCE North, 81.7 feet to a point on building wall, for a comer of this tract, an
"x" on concrete bears East, 0.4 feet;
THENCE West, 216.0 feet to an "x" on concrete, set for a comer of this tract;
THENCE North, 27.7 feet to an "x" on concrete, set for a comer of this tract;
THENCE West, 12.0 feet to an "x" on concrete, set for the Southwest corner of
this tract;
THENCE North, 172.0 feet to the point of beginning.
Groves Branch Library means the grounds including and surrotmding the Groves Branch
Library Building (5520 19th Street) described as Lot One (1), West Lubbock Library
Branch, an addition to the City of Lubbock, Lubbock County, Texas.
Lubbock Business Center means the grounds including and surrounding the Lubbock
Business Center Building ( 1301 Broadway) in Lubbock, Texas, that are contained within
the following boundaries:
Beginning at the intersection of 13th Street and A venue M;
North on Avenue M to Broadway;
East on Broadway to A venue L;
South on Avenue L to 13th Street;
West on 13th Street to A venue M to the point of beginning.
Lubbock Memorial Civic Center/Mahon Public Library Complex means the grounds
including and surrounding the Lubbock Memorial Civic Center (1501 Mac Davis Lane)
and the Mahon Public Library (1306 9th Street) in Lubbock, Texas, that are contained
within the following boundaries:
Beginning at the intersection of91h Street and Avenue 0;
North on Avenue 0 to Mac Davis Lane;
East on Mac Davis Lane to A venue K;
South on Avenue K approximately 567112 feet to Avenue L;
South Westerly on Avenue L to 9th Street;
West on 9th Street to Avenue 0 to the point of beginning.
Included in this definition are: 1) the parking lot north of the above-described property
(1400 Mac Davis Lane) described as Lot One (1), Block One (1), Memorial Center
Addition to the City of Lubbock, Lubbock County, Texas; and 2) the parking lot southeast
of the Mahon Public Library (901 Avenue K) contained within the following boundaries:
Beginning at the intersection of I Oth Street and A venue L;
North on Avenue L to 9th Street;
East on 9th Street to Avenue K;
South on A venue K to 1 01h Street;
West on 1Oth Street to A venue L to the point of beginning.
Patterson Branch Library means the grounds including and surrounding the Patterson
Branch Library Building (1836 Parkway) described as Lot One (1), East Lubbock Library
Branch, an addition to the City of Lubbock, Lubbock County, Texas.
(b) The following city property will be closed to the public each day from 12:00
midnight until 5:00a.m.:
(1) Lubbock Memorial Civic Center/Mahon Public Library Complex;
(2) Groves Branch Library;
(3) Patterson Branch Library;
(4) City Hall; and
(5) Lubbock Business Center.
(c) A person commits an offense if he is on the premises of a city property designated
in Subsection (b) during hours in which the property is closed. The definition of the
offense set forth herein plainly dispenses with any culpable mental state or mental
element.
(d) A person shall not be in violation of Subsection (c) if that person is:
( 1) attending or working at a meeting, special event, activity,
convention, or program that was being conducted with city
authorization on the city property or subsequently leaving the
meeting, special event, activity, convention, or program within a
reasonable time after it had ended for the day;
(2) on the city property in accordance with the terms of a lease, rental
agreement, contract, or other written permission from the city; or
(3) a city employee or a law enforcement officer in the performance
of official duties.
SECTION 2. THAT violation of any provision of this Ordinance shall be deemed
a misdemeanor punishable by a fine not to exceed Five Hundred and No/1 00 Dollars
($500.00) as provided in Section 1.01.004 of the Code of Ordinances, City of Lubbock,
Texas.
SECTION 3. 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 4. 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 on ___ =-D=-ec=-e=mber 2, 2010
Passed by the City Council on second reading on ----=D~e.::.c=em=b::.;:e:..:r:......:1c::::S..z.•---=-20:::.:1~0::___
TOM MARTIN, MAYOR
ATTEST:
APPROVED AS TO CONTENT:
Lee Ann oUikbauld
City Manager
~STOFORM:
Chad Weave~'city Attorney
vw:docs/Curfew.Ord
December 16, 20 10