ORD CC 08/30/1927 - Street ImprovementsAN ORDINANCE I?ROVIDING FOR THE I-
ROVE:.ENT OF CERTAIN STREETS WITHIN
TEE CITY OF TIUNTSVITT , AS FOLLOWS:
AVENUE 1, 'II THIN THE CITY - LIMITS OF
THE CITY OF I-RJNTSVILLE, FROM TEE
:ORTH LIE OF ELEVENTH STREET TO THE
SOUTH LIE OF TWELFTH STREET, AND
FROM THE SOUTH LINE OF FOURTEENTH
STREET TO THE SOUTH LIVE OF SEVEN-
TEENTH STREET, T, AND FRONT TEE SOUTH
LINE OF SEVENTEENTH STREET EXTENDING
SOUTH ALONG WHAT IS IU' OWi AS STATE
HIGHiAY NO.19 , BEING A:i: ' EXTI E SI ON OF
AVENUE L, WITHIN TIE LIMITS OF TEE
CITY OF HT S rII E, TO THE SOUTH LINE
OF TIE STREETV RUN1 ING EAST AND WEST
SOUTH OF THE SAY HOUSTON STATE TEACHERS
COIIE'GE VAIN CAMPUS, AND FROM SAID
'OIINT SOUTH TO TEE CITY _ UITS OF
SAID CITY ALONG SAID STATE HIGH.AY
N0.19, AND ALSO
FROM TIME EAST LINE OF AVENUE L TO
THE WEST LATE OF AVENUE K, BY AN
ASPHALT TOPPING ON AID A' ENUE L BE-
TWEEN ELEVENTH AND T E;LFTH STREETS,
AND BY REINFORCED CONCRETE ON TEE
BALANCE OF SAID STREETS, AS HEREIN-
AFTER MORE FULLY SET _ ' ORTH.
)1, ORDAINED BY TEE CITY COUNCIL OF THE; CITY OF HUNT'SVILLE, IN
COUNCIL ASSES !31 D:
THAT WHEREAS, at the instance of the City Council of
the City of Huntsville, the Honorable Commissioners Court of Walker
County, Texas, has undertaken and has advertised for bids for and
will finance the cost of extending the pavement of Highway No.19,
now under construction in Walker County South of Huntsville,
being of reinforced concrete eighteen feet wide, from the South
line of the City limits of the City of Huntsville, North along said
Highway No.19 and &lpng Avenue L within said City, to the South
line of Fourteenth Street, the extension of said paving so undertaken
to be made by the Commissioners Court of Walker County to be in the
center of said Hihway and street; and
WHEREAS, the City Ct unci 1 of the City of Huntsville
deems it advisable and necessary that such paving be extended and
made wider, in order to take care of the extra traffic within the
City limits of the City of Huntsville, so that said Highway No.19
and said Avenue L and said other streets within said City shall
be paved to the following widths, to -wit:
(1) From the South line of the City limits of the
City of Huntsville to the South line of the street runnin g East
and West immediately South of the main campus of the Sari Houston
State Teachers College, no extension shall be made at the ::resent
time by the City, and said Highway within said limits shall be
and remain eighteen (18) feet wide, as constructed by the
Commissioners Court of Walker County, under the supervision of the
State Highway Department;
(2) From the South line of said street running East
and West immediately South of the campus of said College, said
Highway No.19 or Avenue L to thexith line of Seventeenth Street
shall be paved with reinforced concrete a total width of
thirty six (36) feet, or nine (9) feet on either side of the
eighteen foot (18) pavement provided for by the Commissioners' Court,
as aforesaid;
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(3) Highway No.19 (Avenue L) from the South line of
Seventeenth Street to the ''outh Line of Fourteenth St Zall be
paved with reinforced concrete to a total width of Thi �r eet, or
AlOtefeet on either side of the Eighteen foot slab provided for
by the Commissioners' Court;
(4) Seventeenth Street, formerly known as Alcalde Street,
from the East line of the intersection with Avenue L to the pest
ine of its intersection with Avenue K, shall be paved with reinforced
concrete a total width of thirty -six feet;
the (5) Avenue 1, from the _:forth line of Eleventh Street,
to t South line of Twelfth Street shall be treated with a topping
of (a) asphaltic concrete, (b) rock asphalt (c) or some other form
of wearing surface, to be determined as hereinafter set forth.
Said streets shall be paved in one of the above types
of paving, to be selected by the City Council in accordance with
the plan plan,,,And44,pArifications hereinafter provided for, but which
said pavingi.X.1417e uniform with that provided for and to be
constructed by the Commissioners' Court within said City, as aforesaid.
That D.K.Caldwell, Highway Engineer for '-talker County,
is hereby designated as engineer for the City for said proposed
street improvements, and he is hereby requested and directed
forthwith to prepare and file with the City Council complete
plans and specifications for said paving, and the compensation
of said engineer for all services rendered and to be rendered
to the City in connection with said paving is hereby fixed at the
sum of 41
The cost of raid street improvements shall be apportioned
and paid for as follows:
It is expressly understood and hereby stipulated that
all the paving undertaken to be done and procured to be done by the
Commissioners' Court of Talker County within the City limits of said
City of Huntsville, upon the streets hereinbefore designated, the same
having, been induced and procured at the instance of and by the City of
Huntsville, shall for the purpose of this ordinance,be considered the
City's pro rata portion of the cost of said pavement, and when the
City shall have arranged with the Commissioners' Court of Walker
County and the :State of Texas, either or both, for the payment of the
minimum of the total cost of an eighteen foot slab of reinforced
concrete upon said streets within said City of Huntsville, the sane
shall be considered as the City's entire pro rata part of the cost
of paving said street. The owners of property abutting upon
said streets shall pay the entire cost of constructing concrete
curbs and gutters in front of their property, respectively, and
the owners of said abutting property shall pay not less than
two - fifths nor more than three - fourths of the entire cost of the
balance of said improvements.
It is specially stipulated hereby that the abutting
property owners shall be liable for the payment of the cost of tae
portion of the improvement of that part of the street adjacent
to such abutting property; and the City, as to all that portion of
Avenue L South of .Turteenth Street (the Coun y paying the City's
e -
part), shall be liable for not less than half nor more than one -
half of the cost of such paving, the same being in the middle of the
street, as the portion lying between the parts charged against
abutting property and the owners thereof, respectively.
As to the cost of paving Seventeenth Street, between
Avenues K and 1, the property owners shall pay the entire cost of
concrete curbs and gutters along their abutting property, and shall
pay not less than two- thirds nor more than three - fourths of the entire
cost of the paving of . aid street.
As to the asphaltic or other topping for that portion
of Avenue L between the 7orth line of Eleventh Street and the
South line of Twelfth Street, the abutting property owners on the
West side thereof shall pay not less than one - fourth nor more than
one -third of the entire cost thereof, and the County of Walker, as
the abutting owner of the Courthouse Square on the East side of
Laid street shall pay not less than one - fourth nor more than one -
third of the cost of said topping of said street, and the City shall
provide for the payment of the balance of the cost of said asphaltic
or other suitable topping of said Avenue L between Eleventh and
Twelfth Streets.
The cost of paving intersections of the streets shall be
paid in whole or in part by the City (County), as the Council
may determine,and the balance, if any, may be charged against the
abutting property owners in the proportion which their property
bears to the entire frontage of the -property fronting on the
streets, as may be determined by the Council, but in no event shall
the abutting property owners be liable for more than three - fourths
of the entire cost of such improvement.
It is further expressly stipulated hereby that the State
of Texas, as the owner of the abutting property known as the main
campus of the Cam Houston State Teachers College, along the
sides of Avenue L and adjacent thereto shall be considered an
abutting property owner in determining the pro rata part of said
,Paving which should be borne by the State of Texas along said
street, and likewise, the County of Walker shall be considered
an abutting property owner where the Courthouse Square abuts the
East side of Avenue L between Eleventh and Twelfth Streets; that the
proportion of said cost to be paid by the City of Huntsville, the
County of 'calker and the State of Texas shall be paid on estimates
in writing prepared weekly by said engineer during the progress
of said work, either in cash or other obligations issued by said County
City or State, payable or redeemable in cash at par, ten per cent
of such estimates to be with -held and reserved until the completion
of said work and its acceptance by the City, and said amounts
so reserved and the portion of said cost to be paid by the said
City, County and State shall be paid in cash or its equivalent
thirty days after the completion of said work and its acceptance
by the City.
That the amounts to be paid by the abutting property
owners shall be assessed against the several owners of the
property abutting upon said streets and their respective property
try the said City Council, after the notice and hearing to said
owners prescribed. by law and the ordinances of said City, and that the
said cost shall be assessed against the said property and the
owners thereof and pro rated among the owners thereof, in accordance
with what is known as the front foot flan or rule in proportion
as the frontage of each parcel of property is to the whole fr sntage
to be improved, provided that, if the application of said rule shall,
in the opinion of the Council, be unjust or unequal or result in
individual cases in an assessment in excess. of the special benefits
received from such improvement, then the Council shall adopt such
rule of apportionment which shall effect a substantial equality
and uniformity between said owners, considering the benefits received by
and the burdens impo =sed upon them and their property, and provided
that no assessment shall be made against any owner or his property
in excess of the special benefits of said property in the enhanced
value thereof by reason of said improvement.
That this ordinance shall take effect from and after
its passage and approval.
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Referred to the Co maittee on Streets and Bridges in
open Council, this the 3 O day of Au_ , 1927.
EAYOR
WE, the Committee on Streets and Bridges, to whoni the
above and foregoing ordinance was referred, do hereby recommend
that the same be adopted.
OFAITSAFAIIF
c am TT'. ON
TS AND BRIDGES
Adopted and approved in open Council this day
of August, 1927.
MAYOR
ATTL3
CITY SECR3TAR!.
I