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Ord. 0346 02-14-77ORDINANCE NO. 346 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 BOBBY STREET WITH- IN 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. 274 passed and enacted on the 25th day of March, 1974 and the 8th day of April, 1974, 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 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: BOBBY STREET - From the North right-of-way line of Knapp Road North along the center line of Bobby Street approx- imately 1,225 feet to the South right-of-way line of Robinson Drive. 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 $8,565.33 Dollars and the estimated amount to be assessed against the owners of the abutting property, to be $2.00 per property front foot. WHEREAS, the City Council of the City of Pearland, Texas, at the time of the enaction of Ordinance No. 274 passed on March 25, 1974 and April 8, 1974, 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 concern- ing 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 pro- ceedings and contract in connection with such improvements and any other matter material to the assessment 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 improvements 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 abutting 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 the 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, - 2 - 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; 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. 274 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. II. 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. 274; 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. 274, - 3 - the estimates , reports, lists and statements of the City Engineer, and the notices and hearing aforesaid; and by virtue of the powers conferred and con- tained 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: cri r U SN O z.p ° 4 z o a z ° < a E.I rri asee ° o aH a H W W H ENGINEER'S COST . ESTI O.O-O O O O.O O t.fl O O O O O O -i' N O c o O 00 N. en N CD ‘N If) �'J, — Ul. N Ul ▪ on .--� ,r .-+ .+ to 4* O O O O O O C to 0 O O 0 0 0 4 o3 CO O p N .-t 'a ra - 08 C {9--69- '-s 4:8--E9-ffi k 0 o CO N 0. CI CI CI W N []C a Y. . is wa is i-1 F ;-a - r -�. tn.tn-M to .0 co O 0 td <' <{' V" N ri' .a H & y a a O .. Yt o• ?i .. .. © d it J ' p CO'� 0a0-= . t) . C3 . ?r n -0. ;4 - .-+' OW't3. itd..i.04 d 0 O wtoQtoaaa • to HH -N H ..• .-t eel <it on .G-t-c O n N .O O O M :II N N 'S4 CO Vt O l• � .-I' co to to M M .-i otococootn to <{t to t— - rt tnrl.1.1; g(2) UUa Ua • .+ N M Ul .' Total Estimated Cost TOTAL CONSTRUCTION COST M M to to c0 be CITY'S COST ;ABOVE ASSESSMENT to M N N A M tt COCO al C1Wi a�L7 F N WICO Ey CpA ap O U• OWNER ASSESS MENT RATE PER PROPERTY FOOT 0 0 N Tat PROPERTY FOOTA ABUTTING UMPROVEMENT O V N •I N COST PER PROPERTY FOOT OF STREET 0 v t'i z 1,260 feet 0 0 z> H H z" O w KNAPP ROAD H BOBBY STREET H 0-O"O 0 0 0 0 VI 0 0 0 O 0 0 'C N O ctt O tb N. O L'• tO %.3. CO 2_1 N M N tO % + '-• to ca' 0 0 0 0 0 0 0 to 0 0 0 O 0 O a) co O q rt 'r •-4 0 L• 0 to ai w m ei m m m 0 • it � €• :. :•• :r is :41y i•mO ..0.0 .0 .0 Li_^...^»• c 0 . f� t0 Ix, . M to -a co QI 0 .a •. v O'- c3 al U 14 O O v -t+ .H 0 : D m �° .a �itl z_ O a Y, c•I CI ty C. Hi 1 . rg.g O V O it• i. . 4 N t;.) PI p Eq '.0 a. 0 aO1 E it 0 H .a CO of. . 9 -4).....O' 4 O 5et; 44 fi W yto a Li 'V,t •i.t C7 O :.t O .4 cS R°. r .4 (A 4) . 0 CS 0 - O w:nra�raa 4 EiEs H ui MATERIAL :-e t`i to a to 'o t- 0 t0 N O O la CV C-t-•.<1 co 0 O to co ON la ch tn.•4' N - M cc 0 • Ili *co co. O tin '4t ett rt ..'a -tn 0 Lt f3- a- r e- t to 0 a 0 0 O• _ 0 I, a-' a° 0 U V 0 L: O" k O N O O. U O CO o 4 a 0 O Et • g U H U V O iz-a z H (4 N k1 u) rJ) ul zcin C4 co W co to a 00 1-1 H au 0 O N H 0 0 rz! C4 a O tG a a 1 wa S7 W ir4 El TOTAL ASSESSMENR FEET. OF FRONTAGE 0 0 0 0 N 159.99 feet 0 0 0 0 rl GA 0 0 N SUBDIVISION CLEAR CREEK ESTATES #1 CLEAR CREEK ESTATES N ESTATES #1 Y DESCRIPTION N N .Cf4 N 0) to. O • r4 Cs r 4-1 r O za M v) rI o< er N Y as W 00 0 (MO ra 00 V1 1- r- r♦ oo 00 10 ro 0 O ard a 0 cd X 4 N ak MI 0 r- 0 erx z z W H W U) zA co • a ti (a W Cna O • 0 4 H aU O 0 0 0 V} N • w 0 N co F w a U 04 W O 0 X EA .r1 M 0 X F W z G a 4-3 ¢coo O N O m Ri • w 0. w z�x 0 0 0 CO N b4 Y w 0 a E. 0 0 0 4 4R a) 0) w 0 - N. .•4 � 00 CO L N N N 0 0 0 ti E9 N 1 N w 1 4+ 0 N co 1 0 4) 0 a r 0 H M SHEET NO.' 0 O O 0 La H a C4 SL 0 44 p4 M1 `'1 at co a (0 • W cow zz C7En 0 0) • H H1U) au TOTAL ASSESSMENT N O CO 0 O CT O V tf) r-1 U7 N '-1 N b} Y3 E9 FEET OF FRONTAGE u 0 w O N 4, 0) w 0 V .-) Ln n OT '-1 CLEAR CREEK ESTATES #1 CLEAR CREEK E DESCRIPTIO >4 H x 44 O a^[ c 0 Ycc ' N ¢ D� N W PROPERTY OWNER i N VD O Q 1-1 Q 0 O O pc, xco0 o • -1 3 Tw cd ca fz4 cd f3 x`OO d -4 co L0 h 0 F •A Q A C Ca 0 cd QH 0 z H H TOTAL ASSESSMEN1 O co O 0 N d' H N b r3 FEET. OF FRONTAGE ♦4 a) a) W O 0 O 44 a) O O N '-1 susnxvxszoN CREEK ESTATES #1 CREEK ESTATES #1 N M. F • an W ca a SCRIPTXO Ca W S4' a C eF M '4 • .aa'a ww M l-- z H y u7 O '4 ri x Ell E Pi14 al CT1 iY k/ EA O E H z VG 0 H VI HPI W a H oo M U F H ,0 n C7 A •d • Ca 0 o •m H a) H a v H N) H O co H h FV 0 a) O F W a Hi 2 ° 0 <d ¢ 0 a1-I 0 4-4 H 4-14 a M 0 .a] V 0 ¢ m x 3 2 H Z '4 '4 a O NI '0 X t- 2 N H a aa' X -t4 en .a Y. X • 5 F X CA H w u 1-1 Q N a N a a 0 m 0 0 1-4 CO 0 a'0 0 0 z H N z 0 z H W :A 0 ti O N • N W • 1 • Na 4 jJ a 44 Y o- ri 1-.1CO az v 0 O N n ul F • id CO 0 P. O 0 oq3 O 'Cr cd a 0 z H 5 0 yr 0 0 PI >+ H P a+ to o 0 c4 w co C+ W H •- H M m (Dw z FC W (4 H 'N H W PO 4 0 0 E�} DESCR PTIO 0 N N N. LLI it Z 4• H a b� 14 W tMU P4 i-iN a • < ri K W N F 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 the 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. 274 duly passed and enacted on the 25th day of March, 1974 and the 8th day of April, 1974 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 represent- ations 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. - 5 - 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. PASSED AND APPROVED on FIRST READING at a regular meeting of the City Council of the City of Pearland, Texas this a( day of A.D.,1977. ATTEST: ((an? ins. tly PASSED AND APPROVED ON SECOND AND FINAL READING at a regular meeting of the City Council of the City of Pearland, Texas this 647 , A.D.,1977. MAYOR ATTEST: EFFECTIVE DATE: day of - 6 -