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HomeMy WebLinkAboutOrdinance - 2008-O0052 - Amending Chapter 24, Art. II Of Code, Sect. 24-38 Titled "Changing Street Names" - 05/22/2008u l'irst Beading Hay 22, 2008 Item Ro. 6.7 ORDINANCE NO. 2008-o0052 Second Reading June 13. 2008 Item No. 5.2 ORDINANCE AMENDING CHAPTER 24 AT ARTICLE II OF THE CODE OF RDINANCES OF THE CITY OF LUBBOCK, TEXAS ENTITLED "NAMES OF TREETS", SECTION 24-38 ENTITLED "CHANGING STREET NAMES" TO PEAL THE METHOD OF CHANGING OFFICIAL STREET NAMES AND STABLISH A PROCEDURE AND CRITERIA FOR HONORARY ESIGNATIONS FOR CITY STREETS; PROVIDING A SAVINGS CLAUSE; D PROVIDING FOR PUBLICATION. WHEREAS, the City Council of the City of Lubbock desires to repeal the urrent procedure for changing official street names and establish a new procedure and riteria for honorary designations for city streets; NOW THEREFORE: E IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: ECTION 1. THAT Section 24-38 ofthe Code of Ordinances of the City of Lubbock s hereby amended to read as follows: Sec. 24-38. Honorary Designation of a Street (a) Purpose. The purpose of this section is to establish uniform criteria and procedures, applicable to all persons, groups, firms, and agencies, for the honorary designation of a city street. This section does not authorize the change of official city street names except for an honorary designation of a street as provided herein. (b) Criteria. An honorary designation of a street must meet the following requirements: ( 1) The proposed name must honor either: a) A deceased person who lived in Lubbock, Texas; or b) A historic deceased person, site, event or occurrence with a direct and unique connection to Lubbock, Texas. (2) No honorary designation shall be implemented for the purpose of advertising or promoting any commercial or business enterprise. (3) The proposed name must reflect or represent Lubbock, Texas in a significant and positive manner in a field of government, education, science, technology, agriculture, medicine, athletics or the arts. (4) The sign indicating that the street is the subject of an honorary designation shall be brown in color with white lettering and shall 1 u u u (5) be placed on the same pole upon which the official street name sign is affixed. The sign, however, shall not be placed on the pole if more than four signs are already on the pole. The honorary designation may apply to either alphabetical or numerical streets and must have a logical and orderly beginning and termination point, such as, a major intersection, park or playa lake. (c) Application for honorary designation. An application to establish an honorary designation of a city street may be filed with the city engineer when it is accompanied by a petition approving the proposed honorary designation signed by more than sixty-five (65) percent of the owners of land abutting the street for which an honorary designation is proposed. Application and petition forms shall be provided by the city engineer's office. The application shall contain the following information and comply with the requirements below: ( 1) The current official street name. (2) The proposed honorary designation, which shall meet the policy guidelines and criteria of this section. (3) The name, address and telephone number of the person, persons, corporation, association, group or entity proposing the honorary designation. (4) The name, address and telephone number of one person with authority to represent binding commitments and take official action relative to such honorary designation on behalf of the proponents. (5) The reason(s) for the requested honorary designation. (6) A non-refundable application fee of two hundred dollars ($200.00) is required with the application for the administrative costs of processing the application and shall be paid to the city engineer at the time the application is submitted. (7) The costs of making and installing all the necessary signage for the honorary designation shall be paid by the proponents. The traffic engineer shall compute the costs of the making and installation of the signs and provide the amount of the costs to the proponents. If the city council approves the honorary designation, the proponents shall pay the full amount of the costs to the city engineer prior to the making of any of the necessary signs. 2 u u u (8) In no event may the fee and costs set forth in Sections 6 and 7, above, be waived. (d) Review of proposed honorary designation. Following receipt of a completed application and petition, the city engineer will review the application and petition and, if both the application and petition conform with the requirements of this section, the city engineer shall forward the application and petition to the planning and zoning commission. The planning and zoning commission shall conduct a public hearing to receive public comment on the proposed honorary designation, which hearing shall be held not more than sixty ( 60) days from the date of filing of the application. The city engineer's office shall notify all abutting property owners, as ownership appears on the ad valorem tax rolls, of the time and date of such public hearing. Written notices of such public hearing shall be given not less than ten (10) days before the day set for such hearing. Following the public hearing, the planning and zoning commission shall make a recommendation with regard to the proposed honorary designation to the City Council. If the planning and zoning commission recommends denial of an honorary designation, the action of the planning and zoning commission is final unless the applicant files a request for appeal to the City Council within ten (10) days of the hearing at which the action was taken. The request for appeal must be in writing and must be submitted to the director of planning. The director of planning shall schedule a City Council hearing on all applications for an honorary designation in which the commission recommends approval and in all applications in which the commission recommends denial if an appeal is requested in accordance with this section. (e) Consideration by City Council. The City Council shall consider the recommendation of the planning and zoning commission and a public hearing shall be required. A notice of the time and place of such hearing shall be published once in the newspaper of general circulation in the city at least fifteen ( 15) days prior to the hearing. The favorable vote of seventy (70) percent of all members of the City Council is required for approval if the planning and zoning commission has recommended denial or if the owners of twenty (20) percent of the property abutting the street oppose the honorary designation. (f) Implementation of approved change. In the event that the City Council approves the honorary designation, the city traffic engineer shall install the signage in accordance with this section. (g) Correction of errors. Changing street names to correct errors or omissions or to make necessary changes to bring street names into compliance with the current method of street naming is exempt from the provisions of this section. (Ord. No. 2227, § 1, 8-22-96) 3 u u SECTION 2. THAT should any paragraph, sentence, clause, phrase or word of ~s Ordinance be declared unconstitutional or invalid for any reason, the remainder of this Ordinance shall not be affected thereby. SECTION 3. 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 this22rll day of May Passed by the City Council on second reading this 13th day of June '2008. '2008. TOM MARTIN, MAYOR ATTEST: APPROVED AS TO CONTENT: ma.U2L~ Marsha Reed, P .E. Director of Public Works APPROVED AS TO FORM: Chad Weaver, Asst. City Attorney vw/City Att/Chad/Ordinances/Honorary Designation of City Streets Amendment 4.29.80 4