HomeMy WebLinkAboutOrdinance - 2004-O0112 - Emergency Ordinance Determining Necessity Of Paving Poriton Of Milwaukee Avenue - 10/11/2004ORDINANCE NO. 2004-00112
First and Final Reading
October 11, 2004
Item No. 13B
AN EMERGENCY ORDINANCE DETERMINING THE NECESSITY OF THE
PAVING OF A CERTAIN PORTION OF MIL WAUKEE AVENUE FROM 34th
STREET TO 92nd STREET DETERMINING THE PUBLIC BENEFIT IN
PARTICIPATING WITH THE DEVELOPER OF THE PROPERTY ABUTTING THE
SAID PORTION OF MIL WAUKEE AVENUE, DETERMINING ENGINEERING
AND CONSTRUCTION COSTS, DETERMINING THE MAXIMUM AMOUNT OF
THE COSTS OF SUCH PARTICIPATION FOR WHICH THE CITY SHALL BE
LIABLE
WHEREAS, Milwaukee Avenue from 34th Street to 92nd Street is unpaved;
WHEREAS, Subchapter C, Chapter 212 of the Texas Local Government Code
authorizes municipalities with 50,000 or more inhabitants to enter into contracts with
developers of land in the municipality to construct certain public improvements;
WHEREAS, Canyon Hub Holdings, L.P is the owner ("Owner"), and Hubwest
Development, L.L.C. is the developer of property ("Developer"), abutting a portion of
Milwaukee Avenue and desires that such portion of Milwaukee Avenue be paved;
WHEREAS, the City Council determines that it is in the best interest of the
citizens of the City of Lubbock to participate in the cost of the said paving project in an
amount not to exceed thirty percent (30%) of the total contract price;
WHEREAS, the City Council of the City of Lubbock finds that the need to
protect the citizens of Lubbock creates an emergency requiring passage of this ordinance
as an emergency on one reading as provided by the Charter of the City of Lubbock;
NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
The City Council finds that it is in the best interest of the citizens of the City of
Lubbock for the said portion of Milwaukee Avenue be paved.
SECTION 1. THAT the City Council finds that it is in the best interests of the
citizens of the City of Lubbock for the City to participate in the construction and paving
of the portion of Milwaukee Avenue from 34th Street to 92nd Street abutting lands owned
by Owner and to be developed by Developer in an amount not to exceed 30% of the total
contract price.
SECTION 2. THAT should any section, paragraph, sentence, clause, phrase or
work of this Ordinance be held to be unconstitutional or invalid for any reason, the
remainder of this Ordinance shall not be affected thereby.
SECTION 3. THAT the City Secretary of the City of Lubbock is hereby
authorized and directed to cause publication of the descriptive caption of this Ordinance
as an alternative method of publication provided by law.
SECTION 4. THAT this Ordinance shall take effect October 11, 2004.
AND IT IS SO ORDERED.
Passed by the City Council as an emergency on first reading this 11th day of
October , 2004.
ATTEST:
~~~ RecaGarza,City Secretary
APPROVED AS TO FORM:
John
as/CityAtt/John/Ordinances/Milwaukee30%.ord
October 7, 2004
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