ORD CC 04/03/1928 - street improvementss
.'%N 01WINTANCE PROVI I DINO FO1, TIDE; INPROT1111. NT
OF C:]RTAIE STT12T JITHI -15 THE CITY OF HUNTS -
1� aT iIN1:+r 0,' AV'MUZ 0, "T��,'ST TO �'!i �RL STt�TL+'
r, -,CTS SAID + t+, u i`'1,. -F;, �T
_IGH 1� I�lrO. �d I�� ���3a.� --
FROM ThL EUATAVwd;j'r, -& iN.L) 4J1.31.0 :l.T11,1Jai l4% -10! :.,
RO.r ITS I1rTERS_ {,CTIOli .I_TH iE�r lTrx STREET TO
T] XaS, BY REINFORCED CONCRI TE ,__ S I�RI;IN,
?:ORF, 1'U1LY SET
'ORT1i, AND L "OIIT�II�TIi�'C ih�'
� '�TI~LR xyliCY CL�UaL
BE IT ORDAI , i BY 111- CITY COUNCIL 01' THE Cl' Y OF i =U- . "�''I LI S , I N
COUNCIL A3SM,013D :
THAT 10REA.3, at the instance of the City Council of the
City of Huntsville, the Hon. Cor.2missioners' Court of Walker County,
'eras, has undertaken to e .-tend the p-wing of State Highway I o.32
from the City Limits of the City of Huntsville on the - -:lest to ,,there
said State Hi by ;ay 1so.32 intersects leventh Street, -end thence
East over l;leventh :street to the `Jest line of Avenue 0, There said
Avenue 0 intersects :eleventh Street, said pavement to be of reinforced
concrete, eighteen (18) feet ,:•ride Jithin the center of said streets;
and,
"Alta: :LEAS, the City Council of the City of Huntsville
deems it advisable and nece.sary th ,.t such pave ~cent be extended end
,wade -rider, in order to take care of extra traffic rithin the City
Limits of the City of Huntsville, c.o that said _'i ;h. ay ; ithin the
City limits of the City of Huntsville over saidx1eventh St,riay e
paved to a total aidth of thirty -six (36) feet, that ::aid "i;Rhway
No.3 ;, within the City limits of the City of Huntsville and said
Eleventh Street shall be paved ,ith reinforced concrete of
uniform grade and -reinforced the sar:ie as said State HighVtay No.321
now under contrl,ct to be paved by the Tibbetts Construction Company;
that D.Y.Caldv ell, Iii hw4y Engineer for `Jalker County, is hereby
designated as engineer for the City for said proposed street improvements,
and he is hereby re.luested and _irected, forthwith, to prepare and
file with the City Council complete plans -end specific ations for
said paving, -,nd the compensation of said engineer for all services
rendered and to be rendered to the City of __unt ~ville in connection
1
with said paving is hereby fired at the �.um of �v__�_0 �
FaA- The cost of said street imroroverzent shall ae ap ?o rt i oned
and -,)aid for as folloyIS:
It is e;-,-oressly unlerstood -and hereby stipulated that
all of the having undertaken to be done and procured to be done
by the Commissioners' Court of -'Alker County within the City
Limits of said City of Huntsville upon raid State Highway 1o.32 and
:eleventh .street, hereinbefore designated, having been induced and
:)rocured at the instance of ,end by the City of Huntsville, shall,
f'or the )ur,)ose of this ordinance, be considered the City's
pro rata portion of the cost of said paverient, that is to say, the
City shall be deemed to h.eve paid its y)ro rata )art of the cost of
said pavement ,:Then it shall have {procured from the Commissioners'
Ccurt of `dal? -er County vwarrants to cover the cost of the paving of
a slab eighteen feet pride in the center of s•3id streets.
The o,.rners of property abutting a,00n said streets shall
pay, the entire cost of constructing concrete curbs- in front
of their property, respectively, and the owners of said abutting
-oroperty -,hall also pay the entire cost of the nine foot strip of
said paving lying between the slab eighteen feet -.ride in the center
of aid streets and the curb of the adjoinin_; property o,vner, the
entire length o." the property otimers' abutting property, respectively,
which said cost shall not be less than one - fourth nor more than
three - fourths of the entire cost of the entire improvement of said
streets.
It is especially stipulated 'hereby that the abutting property
o-iners shall be liable for the payment of the cost of that portion of
the improvement of that part of tine street adjacent to their abutting
1roperty, respectively, bein a strip nine feet wide, adjacent to the
eighteen foot slab in the center ofthe street ind extending to the
property line, or to the curb and 'utter of the abutting _)ro)erty o rner,
and that the cost oi tie cur's end gutter of <aid extended pave?. ent nine
feet wide the entire leng th of the abutting property oviners' ,property
shall be the .maximum amount of the cost of said improvement to be
borne by the abutting ,property o,vnerot respectively.
The cost of w-).aving intersections of the streets, if tiny,
shall be paid in ,Thole or in part by the City (County), Sao the
City Council and the Commissioners' Court may determine, and the
balance, if =any, riay be charged a`; <�inst the abutting property owners
in the proportion w-aich their property bears to the entire frontage
of the property fronting on the streets, _iz rlay be determined by
the Cit __ Council, but in no event shall the abuttin property owners
be li able "or ,ore than three - fourth: of the entire cost of laid
improvement.
That the ariounts to be ,paid by tie abutting property
owners shall be a.- sensed against the several o:rners of the pro -perty
abutting upon s aid streets, and their respective property, by ti-_e
City Council, .)fter the contract has been let for the construction
of said street in�)rovement, and after the notice �a.nd hearing to
said owners, ,prescribed by law and the ordinances of said City, and
the said cost shall be assessed .a _ainst t ne said - property and the
owners th:.-reof, and pro rated a- rainst the o,. ners thereo.1 in
accordance Frith ,,,,hat is known as the front foot_ 21,- or male, in
y)roportion as each parcel of property is to the vr�iole':onta;e to be
impro ed; provided that, if the application of oaid rule shall, in the
opinion of the Council, be unjust or unequal, or result, in individual
cases, in an a.sse: <srrent in e - -cess of the special benefits received
fro: such improvement, then the Council shall adopt such rule of
apportion_^ient as shall effect a substantial euality -,ind uniforrlity
between said o,mers, considering the benefits-_--received by 'tnd the
burdens imposed upon them and their .;roperty; -.nd provided further
that no assessment shall be made a:-,ainst any owner, or his )roperty,
in exce _ s of the special benefits to said property in the en-hanced
-a.lue thereof by re_json of :aid improvements.
That t-di : ordinance :hall take effect from !and =after
its passage and approval.
rya'::,t;:J to the Committee on Streets and _3ridges, in
Council, ouncil, this the _day of April, 19, 28.
nR
-3-
i . e, the Co.-ittee on 3treet3 and -.3ridges, the
.Lore--oin, ordinance -,vas re- erred, do hereby reco7d that the sarie
be adopted.
-'TJ 711)
ADOPTED irk APPROVED, in open Council, at 1:1 re,-,,uL,,q.r meeting
of --aid, :-'ouncil, on this 0344 -ay Of April, 1928.
'MAYOR
TE
C Al "Hy.
..L