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HomeMy WebLinkAboutOrdinance - 5719-1969 - Ordinance Establishing A Building Line Of The West Side Of Indiana Avenue... - 08/13/1969ORDINANCE-NO. 5719 --......::.~----..+- AN ORDINANCE EST ABLISHING A BUILDING LINE ON THE WEST SIDE OF INDIANA AVENUE BEGINNING AT A POINT 70 FEET WEST OF THE SOUTHEAST CORNER OF A TRACT OF LAND OWNED BY CON CARRAWAY AND LOYD ROSS AND BEING 880 FEET NORTH OF THE SOUTHEAST CORNER OF SECTION 16, BLOCK B, THENCE NORTH 290 FEET.: PROVIDING THAT NO BUILDING OR OTHER STRUCTURE SHALL HEREAFTER BE ERECTED, RE-ERECTED OR SUB- STANTIALLY REPAIRED BETWEEN SUCH BUILDING LINE AND THE RIGHT OF WAY LINES EXISTING PRIOR TO THE BUILDING LINE ESTABLISHED HEREIN; REQUIRING EXISTING STRUCTURES ON, OR EXTENDING BEYOND THE BUILD- ING LINE HEREIN ESTABLISHED TO CONFORM TO SUCH BUILDING LINE WITH- IN FIVE (5) YEARS; DEFINING 11BUIGDING LINE11 AND PROVIDING THAT SET- BACK REQUIREMENTS UNDER THE. CITY1S ZONING ORDINANCE AND AMEND--" MENTS THERETO BE DETERMINED FROM THE BUILDING LINE HEREIN ESTAB LISHED; PROVIDING EXCEPTIONS FOR UTILITY EXTENSIONS AND PUBLIC IMPROVEMENTS; REPEALING ALL ORDINANCES ESTABLISHING BUILDING LINES WHICH CONFLICT HEREWITH; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. WHEREAS, Article 1105a, Revised Civil Statutes of Texas provides for the establishment of building lines on any part of any street in a city; and WHEREAS, the City Council finds that public convenience, saf&ty and necessi y in the City of Lubbock requires that a building line or right of way line be estab- lished on the west side of Indiana Avenue as more particularly described in the bod: of this Ordinance to prevent the construction and replacement of structures and trees beyond the building line so established, such area being required in connectio 1 with the widening, and improving that part of the street described more particularl· hereinafter in the body of this Ordinance; and, WHEREAS, the widening and improving of said Indiana Avenue and the estab- lishment of a building line are necessary and will ultimately provide streets of desirable and adequate width which will aid in relieving heavy traffic in congested areas in accordance with the City's Urban Transportation Plan; NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT a building line is hereby established on the west side of Indiana Avenue which is more particularly described as follows, to-wit: BEGINNING at a point 70 feet West of the Southeast corner of a tract of land owned by Con Carraway and Loyd Ross and being 880 feet North of the Southeast corner of Section 16, Block B, THENCE North 290 feet. SECTION 2. THAT no building or structure shall hereafter be erected, re-erected or substantially repaired and no new structure or parts thereof shall be erected on that part of the street or land herein designated beyond said building line hereinabove described. SECTION 3. THAT all structures on or extending in whole or in part beyond the building line established by this Ordinance are hereby required to conform to he same as established in Section One (1) of this Ordinance within five (5) years from the effective date hereof. SECTION 4. The term 11Building Line11 as herein used shall be construed to mean 11street right of way line11, and the setback requirements under the City's Zoning Ordinance and all amendments thereto shall apply in addition to the right of way lines herein esfablished, it being the intent and purpose of this Ordinance to reserve all land beyond the building line herein established for ultimate street SECTION 5. If any section, paragraph, subdivision, clause, phrase or pro- ision of this Ordinance shall be judged invalid or held unconstitutional, the same hall not affect the validity of the remainder of this Ordinance as a whole or any art or provision thereof other than the part so decided to be invalid or unconstitu- ional. SECTION 6. THAT the City Secretary is hereby authorized to cause publica ion of the descriptive caption of this Ordinance as an alternative method provided y law. · AND IT IS SO ORDERED assed by the City Council on first reading this 13th day of ~A=ug"""'""u=s=t _____ , 1969 assed by the Council on second reading this ... 28th day of August ; , 1969 - 2 -