HomeMy WebLinkAboutOrdinance - 2020-O0098 - Amending Chapter 40 of the Code of Ordinances, Brick Streets and AlleysFirst Reading
July 28, 2020
Item No. 8.2
ORDINANCE NO. 2020-00098
Second Reading
August 25, 2020
Item No. 8.17
AN ORDINANCE AMENDING CHAPTERS 36 AND 40 OF THE CODE OF
ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, BY REPEALING
SECTIONS 36.07.011 AND 36.08.006 IN THEIR ENTIRETY, AND
AMENDING SECTION 40.03.3221 "PUBLIC IMPROVEMENTS" REGARDING
BRICK STREETS AND ALLEYS; PROVIDING A SAVINGS CLAUSE; PROVIDING
A PENALTY CLAUSE; AND PROVIDING FOR PUBLICATION.
WHEREAS, at the January 28, 2020 work session of the City Council of the City of
Lubbock, the City Council heard a presentation by Overland Partners, Inc. ("Overland")
regarding the Downtown Master Plan Update (the "Plan"); and
WHEREAS, as a part of the Plan, Overland made specific recommendations to the City
Council regarding brick streets and alleys in Downtown Lubbock; and
WHEREAS, the City considers Overland's recommendation for brick streets an
important resolution to the maintenance of brick streets and alleys; and
WHEREAS, on July 9, 2020 the City Council adopted the Plan via Resolution No. 2020-
R0187; NOW THEREFORE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT Sections 36,07.011 and 36.08.006 are repealed in
their entirety, and the remainder of the Articles within which they are located,
shall be renumbered accordingly.
SECTION 2. THAT Section 40.03.322 1 (b) of the Code of Ordinances
of the City of Lubbock, Texas, is amended to read as follows:
Sec. 40.03.3221 Public improvements
(b) Brick streets and alleys.
(1) Protection. In keeping with the policies outlined in Section 40.03.3213
of the City of Lubbock Code of ordinances. historic brick streets are hereby
prioritized with certain protections through preservation and provisions for
alteration or removal.
(A) Any portion of Broadway Avenue (between University Avenue
to Avenue E) disturbed by any public or private agency for any
reason must be replaced in a manner consistent with a design
adopted by the City Council retaining the historic brick wherever
brick is included in the adopted design. City Council shall seek
input from the UDHPC, the CBD TIF Board, the City Manager,
and the public prior to adopting a design.
(B) Any portion of the following brick streets disturbed by any public
or private agency for any reason shall be replaced in a manner
consistent with one or more designs adopted by the City Council
which shall respect the original brick aesthetics of the following
streets:
(i) Crickets Avenue (between 17th Street and Broadway
Avenue);
(ii) Buddy Holly Boulevard (between 16th Street and 8th
Street);
(iii) Texas Avenue (between 19th Street and 7th Street); a n d
(iv) Avenue J (between 16"' Stw and 9th Street).
(C) Any portion of the brick streets disturbed by any public or private
agency for any reason within the following areas must be replaced
in a manner consistent with the original brick construction:
(i) The South Overton Residential Historic District , and in
keeping with the Historic District requirements as set
forth in Ordinance 2011-00072:
(ii) 2011' Street (between Boston Avenue and Avenue X); and
(iii) Main Street (between University Ave and Ave Q).
(D) All other brick streets disturbed for any reason. other than utility
repairs, may be replaced by asphalt, concrete or brick in a manner
consistent with Article 36.04 of this Code of Ordinances upon
review and approval by the City Manager. In making his/her
determination, the City Manager shall consult with the UDHPC, and
shall consider the following:
(i) Adjacent to historic or potentially historic buildings;
(ii) Majority of the brick surface intact;
(iii) Importance to community history;
(iv) Importance to downtown redevelopment efforts; and
(v) Structural condition/indications for long-term stability.
(2) Review. Review and approval of requests for removal or reconstruction should
be conducted prior to project bid, and must be completed before removal or
reconstruction can begin. Any contractor or department wishing to remove or
alter a brick street surface must submit complete plans to the City Manager, or
designee, for approval.
(3) Appeal. Any applicant or interested person aggrieved bya ruling of the City
Manager shall appeal to the City Council of the City of Lubbock within
thirty (30) days of the City Manager's decision.
(4) City Property. Any bricks removed from any street or alley, whether
through repair, reconstruction or removal_ are the property of the City of
Lubbock and must be returned to the Streets Department.
(5) Repair. Any utility cuts or other disturbances to brick street surfaces must be
repaired in a manner consistent with current construction of the street as
outlined in Sections 36.05.002 through 36.05.004 of this Code of
Ordinances.
(6) Exceptions. The following bricks are not subject to the requirements of
this section other than subsection (4) above:
(A) Any portion of a brick street intersection disturbed and/or removed
for construction of new crosswalks in compliance with the
Americans with Disabilities Act (ADA);
(B) Construction related to stormwater drainage valley gutters; or
(C) Existing brick alleys, which may be replaced by asphalt, concrete or
brick in a manner consistent with Article 36.04 of this Code of
Ordinances upon review and approval by the City Manager.
SECTION 3. THAT a violation of any provision of this Ordinance shall
be deemed a misdemeanor punishable in accordance with state law and Section
1.01.004 of the Code of Ordinances of the City of Lubbock.
SECTION 4. THAT should any paragraph, sentence, clause, phrase or
work of this Ordinance be declared unconstitutional or invalid for any reason, the
remainder of this Ordinance shall not be affected thereby.
SECTION 5. 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 this. 28th day of July
2020.
Passed by the City Council on second reading this 25th day of August
2020.
DANIEL M. POPE, MAYOR
ATTEST:
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Rebec a Garza, City Secr ar
APPROVED AS TO CONTENT:
l
uan Chadis, Councilman, District 1
Tern
APPROVED AS TO FORM:
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