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HomeMy WebLinkAboutOrdinance - 7290-1976 - Ordinance 7290 First Reading - No Final Reading - 06/24/1976G / JWF/nh /\ (\ (, '. " \J '· ) ORDINANCE NO. AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK BY CHANGING SUBSECTION 28-52(D) THEREOF SO AS TO EXPAND REQUIREMENTS FOR CURB RAMPS FOR USE OF HANDICAPPED PERSONS IN MANUAL OR MOTORIZED WHEEL CHAIRS; PROVIDING A SAVINGS CLAUSE; PRESCRIBING A PENALTY; AND PROVIDING FOR PUBLICATION HEREOF AS PROVIDED BY LAW. WHEREAS, the City Council determines that in the interest of public health and safety, adequate access over curbs should be provided for handi- capped persons in wheel chairs at all crosswalks according to regulations hereinafter set forth; NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THE Code of Ordinances of the City of Lubbock is hereby amended by changing Subsection 28-52(D) to read as follows: "Adequate and reasonable access for handicapped persons who use manual or motorized wheel chairs shall be provided for traversal of curbs from and after July 1, 1976., at all pedestrian crosswalks throughout the City of Lubbock as require , by the amendment of Section 228(F) contained in the Highway Safety Act of 1973, in accordance with the following: 1. Curbs constructed after June 30, 1976 with accompanying sidewalks shall have curb ramps (depressions in the sidewalk and curb to accommodate a wheelchair user). 2. Curbs constructed after June 30,. 1976 without accompanying side- walks will not require curb ramps,. but ramps will be required if sidewalks are added later. 3. Curbs constructed prior to June 30, 1976 are not required to have ramps even though sidewalks are constructed after June 30 .. 1976. However, should a curb constructed before June 30 .. 1976 require altering after June 30, 1976 to fit new construction, then curb ramps shall be installed. Said curb ramp construction and/or placement shall be in accordance wi Federal Highway Administration Notice No. N 5040. 1 dated March 8, 1974 (as currently amended and supplemented), a copy of which shall remain on file with the Building Inspector available for public inspection during normal business hours. and the construction layout and design of such curb ramps shall be approved by the Traffic Engineer or his delegate and by the City Engineer or his delegate, and shall further conform to the following standar s: (1) The concrete surface shall have a rough, nonskid type finish. JWF/nh (2) Construction methods shall conform with those of applicable ordinances of the City of Lubbock. (3) Stop bars for motorists shall be used to indicate the point behind which vehicles are required to stop when the crosswalk is in use. (4) All parking and pavement markings shall be approved by the City Traffic Engineer and shall be in accordance with the latest edition of the Texas Manual on Uniform Traffic Control Devices published by the State Department of Highways and Public Transportationl> a copy of which shall be on file with the Traffic Engineering Department available for public inspec - tion during normal business hours. 11 A copy of said Notice No. N 5040. 1 is annexed hereto as Exhibit A. SECTION 2. TBA T 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 3. THAT any person, firm or corporation v'iolating the terms of the aforesaid Subsection 28-52(D} as herein amended shall, upon convic- tion, be fined any sum not to exceed TWO HUNDRED ($200. 00) DOLLARS. SECTION 4. THAT the City Secretary is authorized and directed to cause the publication of the descriptive caption of this ordinance together with the penalty provision as an alternative method of publication as provided by law. AND IT IS SO ORDERED Passed by the Council on first reading this day of # 1976. ---------------I Passed by the Council on second reading this day of # 1976 ATTEST: ROY BASS, MAYOR Treva Phillips, City Secretary-Treasurer APPROVED AS TO FORM: Fred O. Senter, Jr., City Attorney ORDINANCE # 7Z'lD. FIRST READING ONLY NO FINAL PASSAGE