Loading...
ORD CC 05/19/1942 - Street paving/improvements - Unit G AN ORDINANCE APPROVING AID ADOPTING THE FI11AL ESTIMATE OF N. B. DAVIDSON, CITY ENGINEER, Or 'TF_iE STREET IMP: 0VLi P;TS AND PAVING ON THE FOLLOWING STREETS AND PARTS uF STREETS, TO-WIT: AVENUE Tit EXTENDING NORTH FROM THE NORTH LINE OF 22ND STREET 100 FEET: ALSO AVENUE J FRONT THE NORTH LII; H ST 'L'• ' TO ThE SOUTH L OF 12TH STREET DESIGNATED A UNIT Id0 DER AND B' VIRTUE OF AN 0 NAV 1TOFORE ADO i THE; CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, APPROVED FEBRUARY 28, 1934, RECORDED IN VOLUME G, PAGES 522 ET SEQ OF TIM MINUTES OF THE CITY COUNCIL OF SAID CITY AND UNDER AND BY VIRTUE OF AN ORDINANCE OF SAID CIT`Z COUNCIL PROVIDING FOR FURTHER HARING TO PROPERTY OWNERS ADOPTED MAY 5, 1937, ALSO AN ORDINANCE APPROVED JULY 6, 1937, ALSO BY VIRTUE OF PETITIONS, RESOL- UTIONS AND ORDINANCES OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, ADOPTED OCTOBER 3, 1939, AI4D MAY 7, 1940, AND RECORDED IN VOLUTE H; PAGES 231 al id 257 OF THE MINUTES OF ThE CITY COUNCIL OF SAID CITY, PROVIDING FOR THE IMPROVENfNT OF ADDITIONAL uTREETS UPON THE PETITION OF THE ABUTTING PhOPERTY OWNERS, AS FOLLOWS TO—WIT (OTHER STREETS) AID WHICH SAID OTHER STREET IMPROVE,12hTS WZI�E MADE IN ACCORDA14CE Y ITH PLANS AND SPECIFICATIONS I}ZADE AND FURAiISHED BY THE SAID N. B. DAVIDSON, CITY ENGINEEh, TINDER AND BY VIRTUE OF ORDINANCES PROVIDIIG FOR THE MAKING OF SAID IMPROVEI6'IENTS AND THE PAYMEI\TT OF A PART OF THE COST THEREOF BY ASSESSMENT AGAINST THE ABUTTING PROPERTY 00TELS AND THEIR PROPERTY AS T'0 THEIR PRO RATA PARTS OF SAID STREET IIIPROVEIaENTS RESPECTIVELY; ALSO UNDER AND BY VIRTUE Or' Ali APPROPRIATION OF CERTAIN PUBLIC FUNDS FROM THE CIVIL WORKS ADMITiISTRATION AND/OR THE WORKS PROGRESS ADIJIINISTRATION OR OTHER AGENCY OF THE U S GOVEFiI1-alEl T, AND ?'IriICu SAID STREET IIVI1Pi0VcIIY IaTS ?YEJ'E I,Ub 7)E U11DEL 'THE DIRECT SUP'R— VISION O ' SAID CITY ENGINEER, AhD TAUT BY CONTRACT, TiE CITY UNDERTAKING T'0 PAY Ft;R Trj LABOR AT;D MATERIAL AS FUBhISFL D, AND LEVYING AI,_. ASSESS- IE'NT FOR Trim PAYIIIIGIvT OF A FART OF SAID STREET IMPEOVEI•dENTS AGAINST THE ABUTTING PROPERTY O$`NLhS AND THEIR PROPERTY RESPECTIVELY. AND FIXING A CH GE AI:D LIhN AGAINST THE O:�IPaERS OF nBU=DG PROPERTY AND THEIR SAID PROPERTY RESPECTIVELY, FIXING ThE AMOUNT OF Try; COST OF SAID STREET IYPROVIIVIENTS TO BE PAID BY ThE CITY OF HUNTSVILLL OUT OF THE, PROCEEDS Or' ThE SALE OF BONDS ISSUED TLER''FOR, AND PROVIDING FOR. ThE PAYME,IiT OF A PORTION OF SAID COSTS OUT OF FUNDS PiiOVIDED BY THE CIVIL• UtORKS ADPIIItiISTRAT10IV, Tim' WORKS PROGRESS ADLINIST'RAT'ION khD/CR OTHER AGENCY OF THE U S GOVEREbIEIvT, A1,1D IN ADDITION THERETO TIVE CITY HAVIDIG hLRhTOFORE VOTED, ISSUED AND SOLD CE,LTAIh STREET I1dP1'LOVEIiENT BOPIDS IN SEVERAL SERIES DULY ALD LEGALLY ISSUED BY vIRTUE OF ELECTIONS HELD FOR THE PURPOSE OF PAYING A PORTION OF THE COST OF SAID STREET IMPLOVEM.NTS T'0 BE PAID BY THE CITY OF HUNTSVILLE, APPROVING ThE REPORT OF SrID ENGINE h AS TO SAID UNIT NO. G, AND PROV IDIhG FOR, THE ISSUANCE OF ASSESSMENT CERTIFICATES UPON Th-h COMPLETION AND ACCEPTANCE OF SAID IIVIPROVEVENTS AND THE I)W.,NER OF COLLECTION THEREOF, AND DECLARING AN EMERGENCY: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNT'SVIL•LE, TEXAS, IN COUNCIL ASSEIEBLED: IMREAS, heretofore, to-wit, on the 28th da1N, of February, 1934, an ordinance was duly adopted by the City Ceyncil of the City of Huntsville, Texas, determining the necessity/and providing for the improvement of certain streets and parts of streets within the City of Huntsville, Texas, and which said ordinance is duly recorded in the Minutes of the City Council in said City in Volume G, page 522 et seq.; and, VFIR,REAS, thereafter on the 5th day of May, 1937, an ordinance was duly adopted by the City Council of the City of Huntsville, Texas, determining the necessity of and providing for the improvement of certain other streets and parts of streets within the City of Huntsville, Texas, which said last named ordinance is duly recorded in Volume H, page 97, Minutes of the City Council, to which ordinance and the record thereof reference is here now made for full particulars; and -1- WhEREAS, thereafter upon petition duly presented to the City Council, a resolution was duly adopted on May 7, 1940 recorded in Volume h, page 257, determining the necessity of and providing for the improvement of certain other streets and parts of streets as follows: 22nd Street from Avenue 0 to Avenue N2; Avenue N2 from 22nd Street North to connect with the end of Pavement already completed on tivenue N2. FHEREAS, N. B. Davidson, having been appointed City Engineer with respect to said street improvements, duly returned to the City Council plans and specifications for said improvements, and pursuant to an ordinance of May 51 1937, the City Council determined to make said purchase of materials and by the employment of labor and supervision of the worn_ of making said street improvements direct, and without advertising for bids and letting contract to the highest and best bidder therefor, which said improvements should consist of raising, lowering and grading streets and parts of streets, or any of them, above mentioned, it being expressly contemplated and stipulated that said street improvements would be made in separate units, and also providingfor the construction of storm drains, curbs, gutters and paving the s,. ie with a base of crushed rock or gravel not exceed- ing nine inches deep, and by topping the same with asphalt, or asphaltic composition, and including any changes or alterations of said improve- ments or plans as might be determined from time to 'time as the wort of said improvements progressed,-- all of which more fully appears from the plans and specifications prepared by said City Engineer and on file in tie office of said City Engineer in said City; and, WHEREAS, the estimate of the City Engineer as to the cost of said street improvements and the pro rata part thereof to be charged against the City and the abutting property owners and their respective property having been duly filed with said Council, an ordinance of said Council approving said report and estimate and providing for a hearing to property owners, was duly entered of record and dated March 7, 1939, which provided for a hearing of said property owners on the 21st day of March, 1939, at 7 o'clock p M, at which time all of said owners, their agents and attorneys, or persons interested in said property, were notified to appear and be heard, and at such hearing said owners or other persons might appear by counsel or in person and might offer evidence at said hearing, and said hearing should be adjourned from day to day until fully accomplished; said hearing having been concluded, and at the conclusion thereof all parties at interest having been given an opportunity to be heard to show cause, if any, why said street im- provements should not be made and a portion of the cost thereof assessed against all property owners and their said abutting property, said hear- ing having been duly advertised and copies of such advertisement direct- ed by said ordinance to be given as required by law; and, IM,REAS, at said hearing, after all property o:,ners had been heard and said hearing was continued over as aforesLid, it was deter- mined by said Council that the proposed assessments were in all things fair andlegal, and nine of said property owners Yad just cause to com- plain with reference to the amount of assessments against them and their abutting property, and said street improvements should be made and completed in accordance with the original plans and specifications; and, WIE.REAS, said City Engineer has made final report with reference to a portion of said street improvements, and has set forth therein the names of the streets and parts of streets so improved, and a descript- ion of the abutting property thereon, the owners thereof, and a state- ment of the amount of the improvements abutting on said property and the cost thereof, according to tie front foot rule or plan, including the rate per front foot, and the width of the streets so improved, which final report shows also the total number of feet improved and the total -2- i cost thereof to the property owners, which said final report of said Engineer as to the portion of said streets hereinbefore mentioned that have been so improved is in words and figures in substance as follovis: FINAL ASSESbbTENT--- UNIT NO. G FINAL ESTIMATE OF PAVING EAST SIDE OF AVEId"UE N2 - 100 FEET PAST NORTH LINE OF 22ND STREET. AVENUE J. 1'ROM NORTh LINE 03' 11TH STREET TO SOUTH LINE OF 12TH STREET. AVENUE N2 PAVING VVIDT'H 30 feet No. feet Cost per front foot 1.50 1WEST SIDE` Miss Allie Bland Pt. Blk, 6, Pine Crest Addition 100 $150.00 AVENUE J. 11I ST SIDE• Christian Church All 31, Blk 8. 100 150.00 Mrs Gabrial Smither Lot 32, Blk 8 100 150.00 Mrs C G Barrett Est. Lots 33-34, Blk 8 200 300.00 BAST_ SIDE: W. H. Randolph Lots 181-182, Blk 18 200 300,00 Mrs. T. H. Roundtree Lots 179-180, Blk 18 200 300,00 TOTALNUIMER OF FRONT FEET .. ... .. . . .. .... . . . ... .. . .. .900 Ft TOTAL COST TO PROPERTY OWNERS ... . ................. .. 1350.00 COIT,ECT: N. B. Davidson City Engineer ITEMLZED ACCOUNT OF ElipLL4_pITUiES oN SBOVE STREETS: Pay Roll $200.00 Amulce Asphalt Co. 326.00 Kimbell Oil Mill Co. 160.00 N. B. Davidson 150.00 Walker Co. Hardware Co. 45.00 Oil, Gas, Repairs 105.00 C. A. Scott 700.00 Petty Cash 7.00 Huntsville Bldg & Material Cc 7.00 Huntsville Hardware Cc 18.00 Hall Lumber Cc 10.50 Total. . .. . . . . . .. . 1728.50 -J- TOTAL COST TO CITY OF HUNTSV"ILLE, TEXAS: Total Cost of all improvements to city and owners w 1728.50 Dotal Cost to property owners (assessments} 1350.00 lota.l cost to city $ 37870 TOTAL COST OF IMPROVEMENTS Total Vouchers $ 1728.50 WPA Labor (Supervision) 3457.00 Total WPA other than labor 400.00 TOTAL COST OF ALL IIAPROVEll/MNTS $ —585.5a SU12JARY: 675 Cubic Yards of Excavation 1300 Square Yards fine grading 1300 Square Yards base course 1300 Square Yards Asphaltic surface course 1300 Square Yards ashhalticeseal coat 30 Lin. feet 1861 Storm sewer 22 C Y Reinforced coEcrete for culvert 12 C 7 Stone masonry Headwalls 1600 S 7 Removal and replacing 4' Sidewalk 2 inlets CORRECT: N. B. Davidson City Engineer BE IT FURTHER ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE: That said Report and Final Estimate of said paving of said streets and parts of streets, as hereinbefore set forth as Unit No. G, of said street improvements contemplated in said ordinances and resolutions, be and the same is hereby in all respects approved, and said Unit No. G of said street improvements as hereinbe- fore set forth is hereby accepted by said Council; and it is further ordained that the amount set forth therein assessed to and payable by the abutting property owners is entitled to payment by the parties, respectively, against whom the same appear in this assessment, in accordance with the ordinances hereinbefore referred to authorizing the _caking of said street improvements. IT IS FURTHER ORDAINED that the City's portion of the cost of improving said streets and parts of streets, herein designated as Unit No. G, not already paid by proper warrants be paid and such pro- per warrants issued, and the blayor and City Secretary are hereby authorized and directed to issue and deliver proper warrants for any unpaid portion of the City's portion of said costs out of funds here- tofore provided therefor by ordinance of the City Council of said City of Huntsville, duly made and entered of record, including the proceeds of the sale of bonds issued under and by virtue of the authority of the election held by the City of Huntsville on Mgy 21, 1938. BE IT FURTHER ORDAINED BY THE CITY COUNCIL OF SAID CITY OF HUNTSVILLE: That special improvement certificates in connection with the assessments against abutting property- owners and their said property be issued against said abutting property owners and their said property on said streets and parts of streets by the Mayor and City Secretary of the City of Huntsville, Texas, in accordance with the laws of the State of Texas and the ordinances heretofore adopted by the City, against the persons, firms, corporations, and estates -4- as h.ereinbefore set forth; that said certificates be duly executed by the tIayor of the City and attested b­ City Secretary and the seal of the City be impressed thereon, and that said certificates be issued against the abutting property owners hereinbef ore named, and against their said property in the amounts hereinbefore set forth, to become due and payable in installments as follojgs, to-wit: One-fifth thereof within thirty days after date, one-fifth thereof on or before one year after date, one-fifth thereof on or before two years after date, one-fifth thereof on or before three years after date, and one-fifth thereof on or before four years after date; said certificates bearing ever; date with the date of the adoption arid final approval of this ordinance, together with interest on all installments from the date -thereof at the rate of 8; per annum, payable annually, and if riot so paid to become as part principal and draw like interest with it from such default, and providing for reasonable attorney' s fees in the event default is made in the payment of said certificates, or any of their, and providing that failure to pay any installment of principal or interest on said coupons when due, shall, at the election of the o�iner or holder thereof, mature them all, said certificates to be expressly made payable to the City of Huntsville Texas, its order or assigns, and said certificates shall contain the other terms and coalitions provided for in the General Paving Laws of the State of Texas, and the ordinance heretofore adopted and iccluding this ordinance; that said improvement certificates shall set forth the manner of the collection thereof and shall recite the lien created by law and by contract of the parties as may be shown by the record in connection with this proceeding, and said certificates shall expressly set forth that all the laws providing for the making of said street improvements and the issuance of said assessment certificates have been complied with, and that said certificates shall constitute a liquidated demand for the amount thereof with interest and attorney' s fees as therein provided, the above and foregoing ordinance was in open Council at a regular meeting, more than two-thirds of all the members of the Council being present and acting, referred to the Street and Bridge Committee, on this the -L day of I4Iay, 1942e We, the undersigned Street and Bridge Committee, of the City Council of the City of Huntsville, Texas, to whom the above and foregoing ordinance has been referred, have carefully examined the same and report the same back to the Ci Council with the recommend- ation that the same be adopted. ✓ � Co�imittee on Streets and Bridges. ADOPTED AND APPROVED IN OPEN COUNCIL, THIS THE Ig DAY OF MAY, 1942. Ai'TE"" ��• (/ Mayor, City of Hunt e, •�-�'��"' �_ Texas. City Secretary -5- FINAL ASSESSMENT--UNIT NO. G. FINAL ESTI; !,TE OF PAVING EAST SIDE OF AVENUE N-21 - 150 FEET P."-_ST NORTH LINE OF 22ndSTR LT. "_V NUE J. a. Y YORTH LTr;E Ou 11th STREET TO SOUTH LINE OF 12th STREET.. Avenue B2. PAVING ?°WIDTH 30 feet. he. Feet Cost :per front foot $1.50 WEST:-Z IDE: Miss Allie Bland Pt. 31k 6, Pine Crest Additimn 100 $150.00 Avenue J. 0flEST SIDE: Christian Church All 31, Blk 8. 100 N15O.00 Mrs Ga.brial Smither Let 32, Blk 8 100 $150.00 Mrs. C. G. Berrett Est. Lots 33-34, Blk 8 200 4300.00 EAST SIDE: W. H. Randolph Lets 181-182, Blk 18 200 ;300.00 Yrs. T. H. Roundtree Lots 179-180, Blk 18 200 w300.00 TOTALNMYTBER OF FRONT FE'ET.....>...............................900 Ft. TOTAL COST TO PROPERTY 0VTjERS. ............. ....................$1350.00 CORRECT: N. B. Davidson City EnSin^-_