All pavement hereafter constructed upon any public street in the city by abutting property owners, their agents, servants, contractors or employees, whether under individual or joint paving agreements or under assessment programs, shall be constructed in accordance with the standard layout, design and specifications established in this article for paving and in accordance with standards for curb and gutter as described in section
36.04.111.
(1959 Code, sec. 28-89; Ordinance 6245, sec. 1, adopted 12/9/1971; 1983 Code, sec. 24-150; Ordinance 8568, sec. 41, adopted 3/8/1984)
It shall be unlawful for any person to construct, reconstruct, alter, repair, remove, or replace any paving on any public street within the city, with the exception of improvements required by chapter 38 of this code, without first having obtained from the city engineer a permit for such construction in accordance with sections
36.04.051 through
36.04.054, except that, as to paving improvements required by chapter 38 of this code, the proponent for approval of final plat shall, prior to the approval of such plat, meet all of the requirements of subsection
(b) of section
36.04.053 pertaining to the furnishing of performance bond, public liability and property damage insurance, the indemnification and hold harmless agreement and the agreement to maintain safe conditions to the same extent and in the same manner as required by an applicant for a permit under section
36.04.051. All paving construction, reconstruction, alteration, repair, removal, or replacement shall be in full compliance with all of the provisions of this code governing street and alley paving, including all of the requirements thereof regarding the payment of fees, furnishing of performance bond, public liability and property damage insurance certificates, and indemnification of the city against all loss, damages, expenses, or liability which may result in any manner from the construction of any such improvements.
(1983 Code, sec. 24-151; Ordinance 8568, sec. 41, adopted 3/8/1984)
(a) Strip paving is not considered standard, permanent paving, but only
a temporary paving measure until full width paving with curb and gutter
can be constructed.
(b) All strip paving will require city council approval.
(c) Should the city council approve strip paving at partial or total
abutting property owner cost, it shall not relieve the property owner
of responsibility for the cost of full width paving and curb and gutter
when constructed.
(d) The strip paving shall be constructed in accordance with the design standards described in section
36.07.004.
(1959 Code, sec. 28-90; Ordinance 6245, sec. 1, adopted 12/9/1971; 1983 Code, sec. 24-152; Ordinance 9706, sec. 1, adopted 10/13/1994)
(a) The standard design, layout and plans for the construction, reconstruction,
and/or replacement of all pavement for streets and drainage structures
in the City of Lubbock shall conform to the subdivision regulations
(chapter 38) and the master thoroughfare plan of the city and be constructed
according to the most recent applicable specifications approved by
the city council and plans approved by the city engineer.
(b) Full width paving shall consist of curb and gutter sections, as described in section
36.04.111, with a roadway consisting of a minimum depth of six (6) inches of compacted caliche base and a four-course penetration type or one and one-half (1-1/2) inches of hot mix asphaltic concrete surface. The width shall be consistent with the master thoroughfare plan.
(c) Strip paving shall consist of shaped drainage ditch sections with
a roadway consisting of twenty-eight (28) feet wide and a minimum
depth of six (6) inches of compacted caliche base and a twenty-four-foot-wide
four-course penetration type or one and one-half inches of hot mix
asphaltic concrete surface.
(d) All work shall be done under the direction of the city engineer.
(e) Half-street paving must have the approval of the city engineer as
to provisions for drainage, utilities and the removal of any obstructions
in the proposed roadway; the acquisition by the developers or owners
of any necessary temporary working easements shall be at their expense.
(1959 Code, sec. 28-91; Ordinance 6245, sec. 1, adopted 12/9/1971; Ordinance 7186, sec. 1, adopted 12/17/1975; 1983 Code, sec. 24-153; Ordinance 8568, sec. 42, adopted 3/8/1984; Ordinance 9706, sec. 2, adopted 10/13/1994; Ordinance 2000-O0035, sec. 8, adopted 8/24/2000)
The provisions of this article shall not apply to the construction
of any public works by or for the city on any public property. It
shall be, however, the policy of the city to construct all street
paving in accordance with the specifications and details provided
by this article except in those cases where the city council should
find it necessary in the public interest to vary therefrom.
(1983 Code, sec. 24-154; Ordinance 8568, sec. 43, adopted 3/8/1984)
The city may, at the option of the city council, participate
in the total established contract cost of any street paving project
to the extent as provided by the current city council paving policy.
Any reimbursement to a developer for engineering services by any private
consulting engineer which are associated with the city participation
in paving shall be limited to six (6) percent.
(1983 Code, sec. 24-155; Ordinance 8568, sec. 44, adopted 3/8/1984)
Any paving or drainage improvement constructed under this article
upon any public street in the city, upon final acceptance by the city
council or the city engineer, shall become the property of the city.
(1983 Code, sec. 24-156; Ordinance 8568, sec. 45, adopted 3/8/1984; Ordinance 2005-O0080, sec. 1,
adopted 8/8/2005)
When street paving is constructed by or at the instance of the
city, the cost thereof, including engineering cost, shall be assessed
against the abutting property and the owners thereof, in accordance
with the provisions of article 1105b, as amended, of Vernon’s
Annotated Civil Statutes of Texas and current city council paving
policy.
Editor’s note–Article 1105b of Vernon’s
Annotated Civil Statutes of Texas referred to in the above section
is now codified in V.T.C.A., Transportation Code, chapter 313.
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(1983 Code, sec. 24-157; Ordinance 8568, sec. 46, adopted 3/8/1984)
The performance of engineering services for paving and drainage
improvements shall conform to the following:
(1) The city engineering staff will perform or provide for engineering
services on city council authorized street paving, alley paving or
drainage projects.
(2) The proponent may utilize engineering services performed by either the city engineering staff or an engineering consultant for improvements constructed by a street use permit (section
36.07.002) or alley use permit (section
36.08.006). If an engineering consultant is utilized, the requirements of subsection
(3) following will apply.
(3) Paving and drainage improvements required by chapter 38 (subdivision
regulations) of this code shall conform to the following:
(A) The engineering plans, specifications, estimates and staking shall
be done by the property developer’s engineering consultant.
(B) The property developer’s engineering consultant shall prepare
plans for review and approval by the city engineer prior to actual
start of construction. The consultant shall obtain from the city engineer
the most current city council approved specifications for paving and
drainage improvements for use on the project. The developer’s
engineering consultant shall be a professional engineer registered
in the State of Texas whose specialty is civil engineering.
(C) The city engineer shall express written approval or disapproval of
such plans and shall state the conditions, if any, of such approval
or disapproval. No construction shall start prior to written approval
by the city engineer.
(D) Testing and inspection of the paving or drainage improvement project
shall be performed by the city engineering staff under the supervision
of the city engineer. The city engineer may require certain tests
of materials be performed by private testing laboratories.
(E) The developer’s engineering consultant shall provide construction
staking and grade elevations for the paving contractor as established
by the plans approved by the city engineer. The city engineer shall
receive cut and fill sheets and verification of stake alignment prior
to actual construction.
(F) Upon completion of construction, the developer (in cooperation with
the developer’s engineering consultant) shall furnish to the
city engineer:
(i) Complete and accurate reproducible drawings reflecting actual “as-built”
construction signed and affixed with the seal of the developer’s
engineering consultant. The plan view shall be on a one inch equals
fifty (50) feet scale with the profile on a one inch equals one foot
or one inch equals two (2) feet vertical scale. The profile shall
show the ground elevations prior to construction and the final gutter
or flow line elevations as constructed.
(ii)
A breakdown of actual quantities constructed and final costs
for the work done on a form approved by the city engineer, signed
and affixed with the seal of the developer’s engineering consultant.
(G) After final inspection and approval of the paving improvements required
by chapter 38 of this code by the city engineer, the city engineer
shall accept the said improvements, except where city costs are related
to the said acceptance in which case the city engineer shall submit
the said improvements to the city council for their consideration
for approval and acceptance.
(4) The city engineer may allow city staff to perform engineering services
on paving or drainage improvements required by chapter 38 (subdivision
regulations) of this code. This alternative, if requested by the developer,
would only be considered on small developments (less than ten thousand
dollars ($10,000.00) construction cost as estimated by the city engineering
staff using current city bid prices).
(1983 Code, sec. 24-158; Ordinance 8568, sec. 47, adopted 3/8/1984; Ordinance 9411, sec. 1, adopted 2/14/1991; Ordinance 2005-O0080, sec. 2, adopted 8/8/2005)
(a) The fees for engineering services, if any, on city council authorized
paving and drainage projects shall be set by the city council in the
most recently adopted annual city budget.
(b) Additional fees may be required by the city engineer on a cost basis
for:
(1) Additional charges for testing, inspection and staking in accordance
with current city policies for work requested by the developer, including,
but not limited to, increased costs for city personnel working weekends
and/or holidays.
(2) Those instances when additional inspection and testing occur due
to deficiencies in construction materials or workmanship.
(1983 Code, sec. 24-159; Ordinance 8568, sec. 48, adopted 3/8/1984; Ordinance 9411, sec. 2, adopted 2/14/1991; Ordinance
2023-O0138 adopted 11/7/2023)