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HomeMy WebLinkAboutOrdinance - 2107-1956 - Amending Sections 28-88 And 28-92 Chapter 28. Amended By Ord 1837 - 12/20/1956t t ORDINANCE NO. 210 7 ORD ANCE k0MING, SECTIONS 28-88 and 28-92r CHAPTER 28, ART. VIOFMC*D F TITS GIT$ OF WBtOGff, TEAS, 195 " AS Ai IDED B _ ORDINANCE ANNO;. 18 7, M SANE BF.VGSEqTioNS TWO AND SIX OF ORDINANCE No. 1797 ESTA)- LISHINANDADDPTINGSTANDMYOTJLT, DESIGN., AND SPECIFICATIONS FOR PAVINGOFALLEYSINJETCITYOFLUBBOCX; PROVIDING THAT THR CITY OF ;ZBBO CK11 ATTHEOPTIONOrITSGOVERNINGBODY, PARTICIPATING IN THE COST O1PALtff 40GPROJiTSONGet `AIN CONDITIONS; RFPFALING CONFLICTING ORDINANCES; PROVIDING A MALTY; AND AUTHORIZING PUBLICATION OF DMCRIPTIVE CAPTION AND P, Z AITY CLAUSES; WMMASI the existing ordinances controlling and regulating the pa 'ant of public alleysin the City of Lubbock by abutting property Owners requiresandmakesnecessarythatallalleysbepavedfromright -of- wa - 1t_ y ori ht-©f wa line g andy S, under the existingordinances controlling the paving of alleys the CityofLubbockmayparticipateinthecostofsuchpevingatthe, ratt of25percentofthetotalestablishedcostofthealleypayingprojectand5, it has been found and determined by the Laity Commission flh at th5 paving of the full width of all alleys ' from right-of-way line to'righ -of-.way line is at times unnecessary and uneconomical for the owner o the property abutting such. alley paving project and that the; participation in the amount of 25 per cent of the total contract cost by the City is inequitableanduneconomicalandEAS, it has been determined and found that it is to the public interest to revisetherecuirementspertainingtO:,all 'publ o alleys kud the pav gtheraofbyabuttingowners, "their agents, servants, contractors, or,,empl. gees to better protect and preserve the public property and the 'pub issaf'ety.as well as to provide a more economical and equitable procedu e for determining the participation of the City of Lubbock in the cos ofsuchpavingprojects; NOW THER&oRE, BE IT O . i«D BYTE GITY GO,3,1, SSION OFTHECITY OF LUBB GKz S. TION I. That Section 28-88, Chapter 28, Art. VI, of *The code of the City of Lubbock, Texas, 1955"_as amended by ordinance No. 1837 (section 2 of oreinanceNo. 1797) be and the sane as hereby amended to read as follows: S ction 28-88 14yo4t and - a. The standard design, layout and plans for the construction, re- cohstruction and/or replacement of all pavement' for alleys in the aity of Lubbock shall conform and be constructed according to the ae ig'n, layout, plats and details shown. by "ALLEY PAVING, CITY EN SNEM FILE NO. 24_99-R5603, which is hereby in all things adopted and approved, acopyofwhichisattachedheretoandma0aapartofthisordinance, andmarked3:Yi:ib t "A". b. Any 'alley in the -City of Lubbock which is bounded on each side by" premises restricted to any of the -uses allowed in districts" classified as C-1 through 14-2, shall be paved from right-of-way line to right-of- way line. c. Any alley in the City of Lubbock which is -bounded on each sine by -- premises restricted to any of the uses allowed in districts classified A .. as R-1 through R- i inclusive shall be paved from right of gray line to right of way line; except, provided however, when approved by the Gity Commission, such allay y be paved to a width often (10) feet cen, ,tired on the center line of the alley. d. Any alley in the City of Lubbock which is' -bounded on one side by pro ises restricted to any of the uses allowed in districts classified as -1 through;R-3, inclusive, and on the other side by'premises restricted to any of the uses allowed in districts classified as C.-I ;`through M 2, inclusive, such alley shall be paved from right of way,11ine to right of way lines e cect, provided however, when approved by *e City Cormission, such alley may be"paved on the aide_ abutting suc3 premises so classified and restricted to uses: permitted in R-1 thro gh .-3, inclusive, districts, a wifith of Five (5) feet of the centr line of the alley* f C TON 2 That Section 2 - 2, Chapter 28, Arty VS`,, of "The code of the City o e'No. Lubbock, Texas, 1955" as amended bar ordinance No. 1837 (section 2 of ordinan 177) be and the same as hereby amended to read as follows: The City o Lubbock may,, at theoption of the City Commission, participate in the total stablished contract cost of any alley paving project, including angineerin. cost, to -'the extent as hereinafter provided; such total established contract c st to be deterined on the basis of the most recent competitive contract p ice to the City for construction of the type involved, together with the Engine ring cost, provided however, that approval for city participation in such al ey paving project his been granted by the City Commission prier to the co:.,, encerent of construction upon such project. When prior approval has been granted for city participation, the city shall make payment of its portion of the cost of the project to the abutting owners,, or if the project is constru ted under a contract$ to the contractor, within tLrty-one (31 days after the final acceptance ofthe} alley paving by the City Commission. No city pa,ticipation shall be provided, for that portion of any alley pave- ment .that ies within % 1/2 feet of the center 'line of any railway track situated thin' -an alley. Unless such prior approval for city participation has been s'cured, the total cost of the alley paving project shall be at the expens of abutting owners. Part cips,tion by the City- of Lubbock to be determined as follows: i a. 'teen any alley -is bounded on each side by premis;,s restricted to any of trityuses allowed"in districts classified as C-1 through art , inclusive, the of Lubbock may, subject to the provisions first herein stated, participate in 10 per cunt of the total construction cost. b#'When any alley is bounded on each sides by premises restricted to any of the uses allowed in districts classified as R-I through R-; Incl. sive,` the Olty of Lubbock i 'subject to the provisions first herein stated, participate in y per cent of the total construction cost. c. When any alley is bounded on each side by pre -rinses -restricted to any of the uses allowed in districts classified as C-l. through 2, inclusive, which are actually used entirely for residential purposes, the owner of such premises abutting the alley may present such fact in writing, under oath, to the City Comnission and "request therein that the rate nrovided in subsection b. hereof by applicable. 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