Ord. 0151 1968-03-14ORDINANCE NO.
AN ORDINANCE TO ESTABLISH A REVOLVING FUND FOR THE EXTENSION OF WATER
LINES ON A PRO -RATE BASIS WITH LAND OWNERS OR WITH RESIDENT OWNERS
AND DECLARING AN EMERGENCY:
BE IT ORDAINED BY THE CITY OF PEARLAND:
WHEREAS, i't has been determined by the City of Pearland that
it is necessary to establish a water line construction account to be
laced in a revolving fund to be 4v:ail.:i.lf f): the Installation of
city water distribution lines an
WHEREAS, it would be z: the besinterest of ,o:operty owners-
- and resident owners of the City 2 Pearland to set up such revolving,
fund.
It is, therefore, ORDAINED. by the City of Pearland, that
there shall be appropriated from the water and sewer operating account
the sum 'of $10,000.00 to be placed in a revolving fund to be available
for the installation of city water distribution lines: Expenditures
"from this account are'to'have prior approval by the City_Council, based
on,a satisfactory showing of voluntary contributi.cns by affected land
owners or resident owners, but this will in ne way affect new sub-
divisions tor_the requirements of the subdivision ordinance. Contri
butions'`are to be based on a pro-rata share per front foot, relative
to the acttjal.cash expenditures by the City for Ynateri.als and equipment.
Original contribution deposits arc to tsJ based on.an :gate of the
materials by the director of Pub' We City Eng)n er ef the City
ofi'eacl.and, or both. Adjustme. will then be made. in the amounts of
the contributions toequai the exact amount
f cash expenditure
not to exceed five (5) years, provided applicant signs a lien on his
property at 7% interest to secure payment thereof. (form designated
to be used for such lien is attached hereto as Exhibit "A")
The fact that there does not now exist within the City of
Pearland an ordinance to establish a revolving fund for the extension
of water lines, the parlimentary rule of procedure requiring that
ordinances be read on three separate meetings be, and the same is
hereby suspended and' this Ordinance shall become effective from and
after its approval and publication and it is so ordered.
PASSED, APPROVED AND ADOPTED at the regular meeting of the
Pearland City Council this the day of44i968.
7
CITY OF PEARLAhS,
BY:
ATTEST:
City Secretary
Mayor D. R. Keller
EXHIBIT "A"
THE STATE OF TEXAS X
COUNTY OF BRAZORIA X
THE UNDERSIGNED
Owner(s)of those certain premises fronting feet
on the side of in the City of
Pearland, Texas, described as follows:
In consideration of the water improvements there-
of by virtue of resolution and ordinance adopted by the City
Council, and plans and specifications therefor adopted by
said Council, upon the completion of said water improvements
and the acceptance thereof by the City, does promise to pay
the City of Pearland, Texas, or its assigns, whatever sum
shall be ascertained to be the pro rate share and costs of
said water improvements, according to the front foot rule
under the terms of said resolution not to exceed the sum
of $ , or a total of $ per front foot
for all of said improvements. If, however, the frontage
of said premises shall be ascertained to exceed the amount
above stated, then the cost of improvements of such excess
shall be paid for to the holder of the lien created hereby
at the rate per front foot above stated.
Payments hereon shall be made as follcws: All
cash at the option of the undersigned or $
thirty(30)dyas after the completion of the water improve-
ments of said premises and acceptance by the City:; and the:
balance in monthly installments on or before five years from
date, after such acceptance, with interest at the rate of
7% per annum, payable monthly, together with reasonable
attorney's fees thereon and all costs of collection if
incurred.
Default in the payment of any installment of princi-
pal or interest when due, shall, at the option of the holder
hereof, mature the entire indebtedness created hereby.
In consideration of said water improvements and the
enhanced value of the premises thereby in excess of the cost
thereof to the undersigned, I or we .hereby expressly grant
unto the City of Pearland, Texas, and"its assigns a Mechanic's
Lien upon said premises, to secure the payment of the indebted-
ness above mentioned, and hereby consent. for:""the."C;ity Council
ln.,.. i-lin. 0 ,iA '
Page -2-
The acceptance of said improvements by the City
shall be conclusive between the parties hereto of the proper
installation thereof, and in consideration of the extention
of the time for payment of such assessment as herein pro-
vided, the assessment by the City, if made, and all pro-
ceedings with reference thereto are hereby expressly rati-
fied and confirmed, and any errors or invalidity therein
are hereby waived.
This obligation shall be deemed cumulative and
independent of such proceedings as the City Council may
take or cause to be taken to assess and secure the payment
of the cost of such improvement, and any payment thereon
shall operate as a credit to be endorsed hereon. This
obligation is not conditioned upon the improvement of any
other property when the owner or owners fail to make satis-
factory arrangement for the payment of the pro-rata cost
of such improvement.
EXECUTED and effective this day of
19
THE STATE OF TEXAS X
COUNTY OF BRAZORIA X
BEFORE ME, the undersigned authority, on this day
personally appeared and
known to me to be the persons whose names are subscribed to the
foregoing instrument, and acknowledged to me that they each ex-
ecuted the same for the purposes and consideration therein ex-
pressed; and the said wife of the said
, having been examined by me privily
and apart from her husband, and having said instrument fully
explained to her by me, she, the said