Ord. 0348 02-14-77ORDINANCE NO. 348
AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, CLOSING THE
HEARING ON SPECIAL ASSESSMENT AGAINST THE OWNERS OF CERTAIN
REAL PROPERTY ABUTTING CERTAIN PORTIONS OF LYNN DRIVE WITHIN
THE CITY OF PEARLAND, TEXAS; FINDING AND DETERMINING THE
SPECIAL BENEFITS TO EACH PARCEL OF ABUTTING PROPERTY AND THE
ENHANCEMENT OF VALUE OF EACH PARCEL OF ABUTTING PROPERTY BY
REASON OF THE CONSTRUCTION OF IMPROVEMENTS TO SAID PORTIONS
OF SAID PUBLIC STREET; DECLARING THE AMOUNT OF ASSESSMENT
AGAINST THE SAID ABUTTING PROPERTIES, AND DECLARING AN
EFFECTIVE DATE.
WHEREAS, by Ordinance No. 306 passed and enacted on the 28th day of
April, 1975 and the 12th day of May, 1975, respectively, the City of Pearland,
Texas, acting by and through the City Council of the City of Pearland, Texas,
declared a public necessity to permanently improve the following named street
i
and designated portions thereof in the City of Pearland, Texas, within the
limits herein defined, by grading and paving or permanently repairing 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 realigning existing curbs and gutters and sidewalks; and by widening said
portions of said streets, where necessary, so as to attain a paved width of
twenty-four (24) feet; and by constructing necessary and proper appurtenances
and incidentals to such improvements, including drains and culverts. Said
designated street or portions thereof described as follows: '
LYNN DRIVE - From the Northerly right-of-way line of F.M. 518
(Broadway) 1,788.92 feet along its centerline to the Southerly
right-of-way line of Cherry Street.
WHEREAS, the City Council of the City of Pearland has caused to be
prepared an estimate of the cost of such improvements, which estimate has been
prepared and filed by the City Engineer showing the estimated cost of such
improvements to be $15,045.14 Dollars and the estimated amount to be assessed
against the owners of the abutting property on Block 6 and 7 is $2.00 per
property front foot and on Block 11 and 12 is $1.25 per property front foot.
WHEREAS, the City Council of the City of Pearland, Texas, at the time
of the enaction of Ordinance No. 306 passed on April 28, 1975 and May 12, 1975,
ordered a hearing to be given to the owners of abutting property on said portions
of said public street in accordance with law notice of which has been published'
three times in the official newspaper, the Sun Progress, a newspaper of general
circulation within the City, with the date of the first publication having been
made more than twenty-one days prior to January 17, 1977 the date of the hearing,
all in accordance with law; and
WHEREAS, the hearing ordered has been held before the said City Council .
in Council Chambers at the City Hall in Pearland, Texas, beginning at 7:30 P.M.•
on January 17, 1977 at which time all owners of abutting property or any interests
therein, were given the right and opportunity to be heard on any matter concerning
the amount of the proposed assessment, the lien and liability thereof, the special
benefits to the abutting property and owners thereof by means of the improvements,
the accuracy, sufficiency, regularity and validity of the proceedings and contract
in connection with such improvements and any other matter material to the assess-
ment program; and
WHEREAS, it having been determined that additional written notices of
said hearing had been given the owners of abutting property by the City Secretary
depositing in the United States Mail, at a:. time more than fourteen days before
the date of the hearing, a true and correct copy of the published notice of such
hearing, postage prepaid, in an envelope addressed to the owners of the respective
properties abutting such public streets and portions thereof to be improved, as
the names of such owners were shown on the then current rendered Tax Rolls and the
address so shown, or on the current unrendered rolls of the City where such names
and addresses were not shown on the rendered rolls, said notices, both written and
published, having been found to describe in general terms the nature of the im-
provements and the public streets and portions thereof to be improved and having
been found in all other respects to comply with the requirements of law; and
WHEREAS, the City Council of the City of Pearland has found that the
front foot plan or rule is just and equitable in regard to each portion of abut-
ting property and that the amount per front foot assessed herein is just and
equitable in view of the special benefits in enhanced value,to be received by
such abutting parcels of property and thw owners thereof, said amount apportioned
having been found to produce a substantial equality of benefits received and
burdens imposed as to each parcel of such abutting property and each owner thereof,
the amount of such assessment being less than the special benefits in enhanced
value to be received by such parcels of property and the owners thereof; and
WHEREAS, the City Council hereby finds that all legal and Constitutional
prerequisites to fixing of assessment liens against the properties hereinafter
listed and the fixing of personal liabilities of the respective owners thereof
have been complied with;
- 2 -
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS:
I.
That the public hearing before the City Council of the City of Pearland;
Texas, on the proposed assessment against abutting properties for a portion of
the costs of improvements ordered in Ordinance No. 306 is hereby closed, and the
City Council hereby finds that each and every parcel of property abutting on the
portions of public street within the City of Pearland, Texas, hereinabove set out
will be enhanced in value and specially benefited in an amount in excess of the
amount assessed herein against each of said parcel of property and against the
real and true owners thereof.
IL
The City Council of the City of Pearland, Texas, finds and declares
that all proceedings with reference to the construction of such improvements and
the fixing of assessment liens and creation of personal liabilities on the part
of property owners have been accomplished in such a manner so as to fully comply
with all legal, constitutional and equitable requirements; that all property
owners have been given a full and fair hearing; that the amount to be assessed
against such abutting properties does not exceed 9/10ths of the estimated costs
of the improvements ordered by Ordinance No. 306; and the amount assessed herein
is such that will produce a substantial equality of benefits received and burdens
imposed by and upon the abutting properties and the owners thereof and that in
each instance the amount assessed herein is less than the special benefits to
such abutting properties by reason of the enhancement of value of said abutting
properties caused by the construction of the street improvements ordered.
In pursuance of the proceedings heretofore adopted and passed by the
City Council of the City of Pearland relating to the improvements of said streets
and avenues in the said City of Pearland, Texas, particularly Ordinance No. 306,
the estimates, reports, lists and statements of the City Engineer, and the notices
— and hearing aforesaid; and by virtue of the powers conferred and contained in Acts
1927 of the 40th Legislature of the State of Texas First Called Session, Chapter
106, Page 489, and amended, otherwise known as Article 1105b of the Revised Civil
Statutes of Texas, assessments shall be and are hereby levied and assessed against
the properties abutting upon said portions of said street and avenue and against
the real and true owners thereof; said properties, the owners and the amounts so
assessed being as stated on the pages immediately following:
- 3 -
ENGINEER'S C
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$1,509.79
TOTAL $4,099.43.
OWNER ASSESS-
MENT RATE PER
PROPERTY FOOT
10 lots $2.00
10 lots $1, 2 5
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1,294.82
1,207.83
TOTAL 2,502.65
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Cherry
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1,788.9 feet
F.M. 518
(Broadway)
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LYNN DRIVE
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$260.00
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MIMOSA ACRES 130.0 ft. $260.00
FEET OF FRONTAGE
129.41 ft.
129.0 ft.
130.0 ft.
129.0 ft.
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.MIMOSA ACRES
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MIMOSA ACRES
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MIMOSA ACRES '
PROPERTY OWNER PROPERTY DESCRIPTION
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JOE D. SORIA
2408 Lynn Dr.
Pearland, Texas 77581
B. R. LOVETT
2410 Lynn Dr.
Pearland, Texas 77581
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$258.00
$260.00
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FEET OF. FRONTAGE
130.0 ft.
129.0 ft.
130.0 ft,
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MIMOSA ACRES
MIMOSA ACRES
MIMOSA ACRES
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MIMOSA ACRES •
MIMOSA ACRES
PROPERTY DESCRIPTION
PROPERTY OWNER
JOE FOWLER
P. 0. Box 851
Pearland, Texas 77581
1.1.4..asmc'.....""aM.a----iMELVIN BURKETT
2407 Lynn Dr.
Pearland, Texas 77581
JAMES C. JOHNSON
2405 Lynn Dr.
Pearland, Texas 77581
DOUGLAS G. THORNTON
2403 Lynn Dr.
Pearland, Texas 77581
C. C: FRAZIER
2401 Lynn Dr. •
Pearland, Texas 77581
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$300.00 *
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MIMOSA ACRES 120.0 ft. $150.00 *
FEET OF FRONTAGE
120.0 ft.
240.0 ft.
Litn.....i120.0 ft.
124.60 ft.
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MIMOSA ACRES'.
MIMOSA ACRES
MIMOSA ACRES
MIMOSA ACRES
PROPERTY DESCRIPTION
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PROPERTY OWNER
KAY M. ARNOLD
P.,0. Box 244
Pearland, Texas 77581
SILAS PAUL SOLIDA
2506 Lynn Dr.
Pearland, Texas 77581
.7 HOYTT E. GREEN
2508 Lynn Dr.
Pearland, Texas 77581
FRANK C. TUCKER
2510 Lynn Dr.
Pearland, Texas 77581
JESSE J. CRAWFORD
P. 0. Box 340
Bryan, Texas 77801
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TOTAL ASSESSMEN
$154.04
$150.00
$150.00
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*.Block 11 and 12 assessed at $1.25
per property front foot.
FEET. OR FRONTAGE
123.23 ft.
120.0 ft.
120.O,rt.
120.0 ft.
MIMOSA ACRES'.
MIMOSA ACRES
•
MIMOSA ACRES
MIMOSA ACRES i
PROPERTY OWNER PROPERTY
DESCRIPTION
7.nin 1 7XSfrie n
N
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BENJAMIN J. WALZEM
2507 Lynn Dr.
Pearland, Texas 77581
ROBERT PECORARO
2505 Lynn Dr.
Pearland, Texas 77581
JOSEPH PALERMO
2503 Lynn Dr.
Pearland, Texas 77581
SAM M. PALERMO
2616 Craigmont j
Houston, Texas 77023
III.
Said several amount, together with interest and all expenses of
collection, including reasonable attorney's fees, if incurred, shall be and
the same are hereby declared to be secured by a first and prior lien on and
against said respective abutting properties; and said amounts so assessed,
together with said other items, shall be and tha same are hereby declared
personal liabilities and charges against the true owners of said properties
respectively, whether named or not, as provided in Article 1105b of the Revised
Civil Statutes of Texas; and such assessments shall be collectible with interest,
expenses of collection and reasonable attorney'.s fees if incurred, and shall
be first and prior liens on the property assessed, superior to all other liens
and claims except State, County, School District, and City Ad Valorem Taxes,
and each shall be a personal liability and charged against the owner or owners
of the property assessed.
IV.
When the improvements have.. been completed and have been accepted by
the City of Pearland by ordinance, the amounts herein assessed shall be due
and payable on or before ten (10) days from the date of such 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 eight percent (8%) per annum
until paid; in accordance with Ordinance No. 306 duly passed and enacted on the
w8th day of April, 1975 and the 12th day of May, 1975 by the City of Pearland,
Texas. Provided, however, that the City Council shall have the authority to
expressly waive any default in any particular case where, in the judgement of
the City Council, it would be equitable to do so, but no acts, statements or
representations of any official or officer of the City of Pearland shall amount
to a waiver of default, and such waiver, in order to be effective and to defer
the time for full payment, must be acknowledged by an instrument of writing
approved by majority vote of the City Council in a Regular or Special meeting,
signed by the Mayor and attested by the City Secretary.
That this ordinance shall be effective after its passage and approval
upon second and final reading at a regular meeting of the City Council of the
City of Pearland, Texas.
- 4 -
PASSED AND APPROVED on FIRST READING at a regular meeting of the
City Council of the City of Pearland, Texas this
ATTEST:'
MAYOR
day of
44.5
PASSED AND APPROVED on SECOND AND FINAL READING at a regular meeting
of the City Council of the City of Pearland, Texas this
, A. D., 1977.
ATTEST:
CITY SECRETA
EFFECTIVE DATE:
day of
Veititi>r2ia,„J
MAYOR
- 5 -