Ord. 0363 08-22-77ORDINANCE NO. 363
AN ORDINANCE DECLARING THE NECESSITY FOR AND ORDERING THE
PAVING AND IMPROVEMENT OF GALVESTON AVENUE, PEARLAND, TEXAS;
APPROVING PLANS AND SPECIFICATIONS FOR SUCH WORK; AUTHOR-
IZING THE CITY MANAGER TO ADVERTISE FOR BIDS IF NECESSARY;
DIRECTING THE PREPARATION OF ESTIMATES; INVOKING AND ADOPTING
THE PROVISIONS OF ARTICLE 110Sb, VERNON'S REVISED CIVIL
STATUTES; PROVIDING THE MANNER IN WHICH AND BY WHOM THE COST
OF SUCH IMPROVEMENTS SHALL BE PAID AND PROVIDING FOR THE
ASSESSMENT OF A PORTION OF SUCH COSTS AGAINST ABUTTING
PROPERTIES AND THE OWNERS THEREOF; PROVIDING FOR THE TERMS
OF PAYMENT OF SUCH ASSESSMENTS; DIRECTING. THE CITY SECRETARY
TO CAUSE A CERTIFIED COPY OF THE ORDINANCE TO BE FILED IN
THE DEED OF TRUST RECORDS OF BRAZORIA COUNTY, TEXAS, ENACTING
PROVISIONS INCIDENT AND RELATING TO THE SUBJECT; PROVIDING
A SAVINGS CLAUSE AND AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
I.
That there exists a public necessity to permanently improve the
following named street and the designated portions thereof in the City of Pearland,
Texas, within the limits herein defined:
GALVESTON AVENUE - From the South right-of-way line of Pear
Street southerly along the centerline of Galveston Avenue to
the North right-of-way line of Walnut Street, a distance of
approximately 600 feet.
II.
It is hereby ordered that such hereinabove named street or portions
thereof within the limits herein described shall be improved by grading and
paving or permanently repairing or repaving the same and/or by constructing
curbs and gutters and sidewalks where there are no existing curbs and gutters and
sidewalks; and, where necessary, by reconstructing and re -aligning existing curbs
and gutters and sidewalks; and by widening said portions of said street, where
necessary, so as to attain a paved width on the portion of Galveston Avenue
referred to above of twenty .(20') ' feet and by constructing necessary and
proper appurtenances and incindentals to such improvements, including drains and
culverts; said paving to consist of the construction of an adequate asphalt
wearing surface on adequate base; which base and surface, as well as all of such
other improvements to be made, shall be of such nature and type of construction
in each particular unit of improvement as shown in the Plans and Specifications
prepared by the City Engineer.
III.
In providing for and making the improvements hereby ordered, the City
Council of the City of Pearland deems it advisable and hereby elects and deter-
mines to proceed under and by the exercise of the powers, terms and provisions
named in Chapter 106 of the Acts of the First Called Session of the 40th
Legislature of the State of Texas, as amended, which is known as Article 1105b of
Vernon's Revised Civil Statutes of Texas, which is hereby adopted by the City of
Pearland for all purposes necessary or incidental to the construction of said
improvements, and to the levying of special assessments for the property owner's
portion of the cost of such improvements, and the provisions of which Statute are
hereby incorporated by reference for all appropriate purposes as if copied herein.
IV.
A. A portion of the cost.of said improvements shall be paid for by
assessment against the properties abutting on the portion of the street named
above, and against the real and true owners thereof, in accordance with Article
1105b, Vernon's Revised Civil Statutes of Texas, in amount to be determined at
the hearing provided by said law.
B. The City of Pearland shall pay all of the remainder of the cost of
said improvements after deducting the amount to be determined to be assessed
against the abutting properties and the real and true owners thereof.
C. There is included within the meaning of the term "costs" or "costs
of the improvements" or "costs of the remaining improvements", when such terms
are used herein, Engineer's or Attorney's fees, if any, and all other costs and
expenses incident to the construction of the improvements.
V.
A. The amounts payable by the abutting properties and by the real and
true owners thereof and assessed against such properties shall constitute a
personal liability of the real and true owners of such properties and shall be
secured by a first and prior lien from this date forward upon such properties,
which lien shall be prior to all other liens and claims except those securing the
payment of state, city, school district and county ad valorem taxes.
When the improvements have been completed and have been accepted by the
City of Pearland by ordinance in or as to any part of same, as defined in such
ordinance, the amounts payable by or assessed against the properties abutting on
the portions of the streets to be improved and against the real and true owners
thereof shall be due and payable on or before ten (10) days from the date the
improvements have been accepted by the City by ordinance. Upon failure of any
person to pay said assessment when due, reasonable attorney's fees and cost of
collection shall also be payable to the City if incurred in collecting such
assessment, as well as interest after default at the rate of 8% per annum until
paid.
B. No assessment shall in any case be made against any abutting prop-
erty or the real and true owners thereof in excess of the special benefits to
accrue to such property in the enhanced value thereof resulting from said
improvements.
C. In the levying and making of said assessments, if the name of the
owner be known, it shall be sufficient to state the fact; and if any property be
owned by an estate, or by any firm or corporation, it shall be sufficient to so
state, and it shall not be necessary to give the correct name of any owner, but
the real and true owner of the property assessed shall be liable and the assess-
ment against the property shall be valid whether or not such owner is correctly
named. Assessments against several parcels of property may be made in one
assessment when owned by the same person, firm or corporation or estate, and
property owned jointly by one or more persons, firms or corporation may be
assessed jointly. The omission of improvements in front of any parcel or parcels
of property upon which a valid assessment lien may not be levied shall in no
wise affect or impair the validity of the assessments against other abutting
properties.
D. In any case where valid assessment may not be levied against the
abutting property and owner thereof or the City is otherwise unable to finance the
construction of improvements on any part of the portion of such street to be
improved, then such part may be deleted from the street improvement program and
plan and all such improvements in such unit may be eliminated from the project at
the option of the City, or, at the option of the City, improvements on such part
may be postponed or delayed until such time as adequate finances are available,
either through assessment or otherwise. In the event such improvements are finally
and permanently omitted from the street improvement program and plan the lien on
properties abutting said part omitted shall be released.
VI.
The plans and specifications for all such improvements, heretofore
prepared by the City Engineer of the City of Pearland, and now on file in the
office of said City are hereby in all things approved.
VII.
The City Manager is hereby authorized to advertise for bids for the
improvement work herein described, or for any portion thereof, the advertising,
receiving and opening of such bids to be as provided by the Charter of the City of
Pearland and by State Law, and as further specified by the City Manager. The City
Manager may, however, authorize the Director of Planning and Transportation to
rent equipment, employ adequate labor, and complete any portion of the project
without letting a contract to a private contractor, so long as such City Charter
and State Law requirements for bids on work are complied with. Prior to the
beginning of any construction for which the City or the property owners shall pay,
the City Engineer of the City of Pearland shall prepare and file with the City
Council his estimate of the total cost of the improvements herein ordered and the
total amount of the cost of each type or kind of such improvements, all in accord-
ance with such instructions as may be given him by the City. Council or City Manager.
When such estimate has been filed, it shall be a portion of the official minutes
and record of the City Council of the City of Pearland. No construction may begin
until such estimate has been filed with the City Secretary for inclusion in the
official record. Any of the duties imposed upon the City Manager by this ordinance
may be delegated by him to the City Engineer.
VIII.
The City Secretary is hereby directed to cause to be prepared a
certified copy of this ordinance and to file said certified copy with the County
Clerk of Brazoria County, Texas, for the recording in the Deed of Trust Records
of said County. Said recording shall give constructive notice to the real and
true owners of all property abutting the portion of the street herein described of
the creation and -existence of the assessment liens herein created.
IX.
It is hereby found and determined that the general prevailing rate of
per diem wages in the locality of the City of Pearland for each craft or type of
workman or mechanic needed to perform and construct said improvements is the rate
- 4 -
set out in the schedule entitled "Labor Classification and Minimum Wage Scale"
attached to and hereby made a part of this Ordinance; and the prevailing rate
legal holidays and overtime work is the rate indicated as such in said schedule.
X.
The City Council of the City of Pearland, Texas does hereby declare that
if any section, sub -section, paragraph, sentence, clause, phrase, word or portion
of this ordinance is declared invalid or unconstitutional, by a court of competent
jurisdiction, that in such event it would have passed and ordained any and all
remaining portions of this ordinance without the inclusion of that portion or
portions which may be so found to be unconstitutional or invalid and declares that
its intent is to make no portion of this ordinance dependent upon the validity of
any other portion thereof, and that said remaining portions shall continue in full
force and effect.
XI.
That this ordinance shall be effective after its passage and approval
upon second and final reading.
PASSED AND APPROVED ON FIRST READING this f day of
Mayor, City of Pearland, Texas
ATTEST:
City Secret
1,
PASSED AND APPROVED ON SECOND AND FINAL READING this o, a day of
, A. D., 1977.
ATTEST:
City Secretary
Effective date: if -- a - 7 7
6tani,)A.,
Mayor,City of Pearland, Texas
- 5 -
--NOTICES
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•
AFFIDAVIT OF PUBLICATION
THE STATE OF TEXAS
COUNTY OF Brazoria
BEFORE ME, the undersigned authority, a Notary Public in and
for said State and County, on this day personally appeared
Brucc H. Morisse , being known
to me, and being by me first duly sworn, upon his oath deposes and says:
that he is the editor -publisher of legals for the Sun Progress
a newspaper of general circulation published in Brazoria
County, Texas: that a copy of the attached notice was published in the
English language in said newspaper on the following dates:
Aug. 25 19 TT...
19
19
19
, 19
19
A copy of such notice being attached hereto and expressly made a
part of this affidavit of publishertw other dul uthorized person.
SWORN TO AND SUBSCRIBED before me by the said
Bruce H. Morisse
, publisher of
1 peals fnr. the .9nn Prneresn , on this the 25th
day of August
witness my hand and seal of office.
, 19 77 , to certify which
athc. g
Notary Publl in and for BI'tlzor #
IJULIA LINDGR>;7y
PUBLIC NOTICE'
Published August-25,
ORDINANCE NO:363-"`•
An ordinance declaring the:
necessity for and ordering the;
- ' paving and improvement: of `
Galveston Avenue, Pearland, .I
Texas;- approving plans and
specifications for such work; j
authorizing, the city - managers
to advertise', for --.bide. if
necessary:: directing --,the
' preparation of estimates;
invoking and adopting the
provisions of Article 1105b,
• Vernon's -. Revised-- Civil --
Statutes providing the
- manner in which and by whom
:.thecost of such improvements
shall be paid and providing for:•
the assessment of a portion of ,;•
such costs against abutting
;properties and the owners:'.
thereof; providing for the
terms of payment-ofe-such:-
u assessments; i directing . the
city secretary to cause -]al
certified copy of the -ordinance-
to be filed in the deed of -trust-
records of Brazoria County,
Texas, enacting provisions
incident and relating to the
subject; providing a...savings -,
clause andan effective date
Be it ordained by theCity t
Council of - the City 'tot
Pearland, Texas: -
That there exists a public'
necessity to permanently-
Improve the following named
streetand the- designated
portions thereofInthe Cityof?
Pearland, Texas,. within the -
limits herein defined::.- ::i. -;
GALVESTON AVENUE•Front
the South right-ot.way -line of .
Pear Street southerly ailing
the centerline . of--. Galveston -
Avenue to the North+right-of- -
Way line of. Walnut Street, a
distance of approximately 600-:
feet.
That this ordinance shall- be
effective after Its passage and .:
approval upon second and final
reading.
:PASSED AND APPROVED::
ON FIRST READING THIS 8'-
day of August, A.D., 1977.a�-:
Carlton McComb:;.
Mayor, Cifyof
Pearland, Texas/4
ATTEST:
is/Dorothy L. Cook
City Secretary. -
PASSED -AND APPROVED
ON SECOND AND FINAL-
READING this 22 day -of.
August, A.D., 1977.
/s/Carlton McComb
Mayor,y$
Citot
Peariantl Texas'
ATTEST: - -t
/s/Dorothy L. Cook •
City Secretary - - -
Printer's Fee: ..$14,.25
•
CITY OF PEARLAND - ORDINANCE NO. 363
STREET IMPROVEMENT PROGRAM - GALVESTON AVE.
(SOUTH R.O.W. OF PEAR ST. TO
(18' Pave.•& 20'
ENGINEER'S COST'ESTIMATE
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