Ord. 0340 & 341 12-27-76l
ORDINANCE NO. 340
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 CUNNINGHAM DRIVE,
LETHBRIDGE DRIVE AND A PORTION OF MEADOWVILLE
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
STREETS; DECLARING THE AMOUNT OF ASSESSMENT
AGAINST THE SAID ABUTTING PROPERTIES, AND
DECLARING AN EFFECTIVE DATE.
WHEREAS, by Ordinance No. 267 passed and enacted on the 13th
day of December, 1973 and the 14th day of January, 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 perma-
nently improve the following named streets and designated portions
thereof in the City of Pearland, Texas, within the limits herein de-
fined, 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 improve-
ments, including drains and culverts. Said designated streets or
portions thereof described as follows:
Cunningham Drive
From the North right-of-way line of Pear Street, northerly along the
center line of Cunningham Drive, approximately 647.41 feet to the
South right-of-way line of Cherry Street.
Lethbridge Drive and a portion of Meadowville Drive
From the East right-of-way line of Union•Valley Drive easterly along
the centerlines of Lethbridge Drive and northwesterly along a portion
of Meadowville Drive to the southeast right-of-way line of Wheatridge
Drive a total distance of 1,319 feet.
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 $13,618.06 Dollars and the
estimated amount to be assessed against the owners of the abutting
property, to be $2.00 per property or front foot.
(1)
WHEREAS, the City Council of the City of Pearland, Texas
at the time of the enaction of Ordinance No. 267 on December 13, 1973
and January 14, 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 twentyone days prior to November 22, 1976,
the date of 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 November 22, 1976,
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 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 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
(2)
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, 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 cost of improvements ordered in
Ordinance No. 267 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 assesed 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 finds and
declares that all proceedings with reference to the construction
of such improvements and the fixing of assessment liens and creation
(3)
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. 267; 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 en-
hancement 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, particularly Ordinance No. 267, 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 Statues 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;
(4)
ENGINEER°S ROLL
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SUBDIVISION
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TWIN CREEK WOODS
TWIN CREEK WOODS
TWIN CREEK WOODS
TWIN CREEK WOODS
TWIN CREEK WOODS
PROPERTY DESCRIPTION
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J. BALKUM
3409 Lethbridge 20 6
Pearland, Texas 77581
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PROPERTY OWNER
CLARENCE LEGLER
522 Dennis
Round Rock, Texas 78664''
GERALD D. WISHARD
9215 Cobbleshire
Houston, Texas 77037
GARY R.MARSHALL
3405 Lethbridge
Pearland, Texas 77581
GARY R. MARSHALL
3405 Lethbridge
Pearland, Texas 77581
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TWIN CREEK WOODS
TWIN CREEK WOODS
TWIN CREEK WOODS
PROPERTY DESCRIPTION
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C. W. GREENROAD
3419 Lethbridge 25 6
Pearland, Texas 77581
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J. BALKUM
3409 Lethbridge
Pearland, Texas 77581
ROBERT LEWIS KINKADE
3413 Lethbridge
Pearland, Texas 77581
GEARY L. GREEN
5618 Val Verde
Houston, Texas 77027
GEARY L. GREEN'
5618 Val Verde
Houston, Texas 77927
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SUBDIVISION
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TWIN CREEK WOODS
TWIN CREEK WOODS
TWIN CREEK WOODS
TWIN CREEK WOODS
PROPERTY DESCRIPTION
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PROPERTY OWNER
C. R. BLACK
610 Grand Oaks
Houston, Texas 77015
C. R. BLACK
610 Grand Oaks
Houston, Texas 77015
C. R..BLACK
610 Grand Oaks
Houston, Texas 77015
W. E. MARTIN
3427 Lethbridge
Pearland, Texas 77581
W. E. MARTIN
3427 Lethbridge
Pearland, Texas 77581
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TWIN CREEK WOODS
TWIN CREEK WOODS
TWIN CREEK WOODS
TWIN CREEK WOODS
PROPERTY DESCRIPTION
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MARTIN L. MAULDEN, JR. .
3442 Lethbridge 2
Pearland, Texas 77581
PROPERTY OWNER
N. E. MARTIN
3427 Lethbridge
Pearland, Texas 77581
JIMMY E. KENNEDY
5427 Timber Creek Drive
Houston, Texas.77017
MARGURETTE MARTIN
6101 Selinsexaky
Houston, Ts 77048
WILLIAM A. MARSHALL
Route 4-4, Box 221
Pearland, Texas 77581
LETHBRIDGE DRIVE
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TWIN CREEK WOODS
TWIN CREEK WOODS
TWIN CREEK WOODS
PROPERTY DESCRIPTION
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JAMES R. MCCREARY •
3430 Lethbridge 7 7
Pearland, Texas 77581
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PROPERTY OWNER
MARTIN L. MAULDEN
3442 Lethbridge
Pearland, Texas 77581
MICHAEL W. AUDISH
3438 Lethbridge
Pearland, Texas 77581
MELVIN J. BROUSSARD
3434 Lethbridge
Pearland, Texas 77581
MELVIN J. BROUSSARD
3434 Lethbridge
Pearland, Texas 77581
UNIT NO.
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TWIN CREEK WOODS
TWIN CREEK WOODS
TWIN CREEK WOODS
TWIN CREEK WOODS
PROPERTY DESCRIPTION
N.
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S. M. LIDELL
3422 Lethbridge 12 7
Pearland, Texas 77581
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PROPERTY OWNER
JAMES R. MCCREARY
3430 Lethbridge
Pearland, Texas 77581
I
BURL D. McMAHAN
3426 Lethbridge
Pearland, Texas 77581
BURL D. McMAHAN
3426 Lethbridge Drive
Pearland, Texas 77581
S. M. LIDELL
3422 Lethbridge
Pearland, Texas 77581
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SUBDIVISION
TWIN CREEK WOODS
TWIN CREEK WOODS
TWIN CREEK WOODS
TWIN CREEK WOODS
A. J. WOLF
7290 Santa Fe Drive 17 7 TWIN CREEK WOODS
Houston, Texas 77017
PROPERTY DESCRIPTION
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SUSAN F. WHITNEY
Post Office Box 751
Conroe, Texas 77301
CHARLES R. EVANS
1408 Hemlock Drive
Pasadena, Texas 77502
CHARLES R. EVANS
1408 Hemlock Drive
Pasadena, Texas 77502
WINFORD G. SARGENT.
3414 Lethbridge__
Pearland,-Texas 77581
LETHBRIDGE
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SUBDIVISION
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TWIN CREEK WOODS
TWIN CREEK WOODS
TWIN CREEK WOODS
TWIN CREEK WOODS
TWIN CREEK WOODS
PROPERTY DESCRIPTION
N.
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JERRY THOMAS HUNT
3401 Lethbridge 22 7
Pearland, Texas 77581
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PROPERTY OWNER
SAMMY L. BELL
1130 Union Valley
Pearland, Texas 77581
SAMMY: L. BELL-
1130 Union'Valley
Pearland, Texas- 77581
WALTER CURT ZEISIG
121115 Hillcroft
Houston, Texas 77035
WALTER CURT ZEISIG
121115 Hillcroft
Houston, Texas 77035
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SUBDIVISION
TWIN CREEK WOODS
TWIN CREEK WOODS
PROPERTY DESCRIPTION
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PROPERTY OWNER
JERRY THOMAS HUNT
3401 Lethbridge
Pearland, Texas 77581
BOBBY E. POND
3403 Meadowville
Pearland, Texas 77581
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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 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 Statues of Texas; and such assessment shall be collectable
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 (8%) percent
per annum until paid; in accordance with ORDINANCE NO. 267 duly
passed and enacted on the lath day of December, 1973 and the 14th
day of January, 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 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
(5)
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.
PASSED AND APPROVED on FIRST READING at a regular meeting
of the City Council of the City of Pearland, Texas this
day of , 1976 A. D.
MAYOR
ATTEST:
CITY SECRETARY
PASSED AND APPROVED ON SECOND AND FINAL READING at a
regular meeting of the City Council of the City of Pealand, Texas
this day of ' , 1976 A. D.
ATTEST:
CITY SECRETARY
EFFECTIVE TIME:
MAYOR
(6)
ORDINANCE NO. 341
AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS
ACCEPTING STREET IMPROVEMENTS ON CUNNINGHAM
DRIVE, LETHBRIDGE DRIVE AND A PORTION OF
MEADOWVILLE DRIVE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS:
The following street improvements are fully completed
according to specifications for said improvements:
Cunningham Drive - From the North right-of-way line of Pear Street,
northerly along the centerline of Cunningham Drive, approximately
647.41 feet to the South right-of-way line of Cherry Street.
Lethbridge Drive and a portion of Meadowville Drive - From the east
right-of-way line of Union Valley Drive easterly along the center-
lines of Lethbridge Drive and northwesterly along a portion of
Meadowville Drive to the southeast right-of-way line of Wheatridge
Drive a total distance of 1,319 feet.
Said improvements are hereby accepted by the City Council
of the City of Pearland. Assessments levied by Ordinance No. 340
shall be due and payable on or before ten (10) days from the date
of final enactment of this Ordinance.
PASSED AND APPROVED ON FIRST READING at a regular meeting
of the City Council of the City of Pearland, Texas this day
of , A. D., 1976.
MAYOR
ATTEST:
CITY SECRETARY
PASSED AND APPROVED ON SECOND AND FINAL READING at a
regular meeting of the City Council of the City of Pearland, Texas
this
day of , A. D., 1976.
MAYOR
ATTEST:
CITY SECRETARY
EFFECTIVE DATE:
A, ORDINANCE CLOSING THE PUBLIC HEARING
ORDINANCE OF CCEP.TANCE
VIl MAYOR READS ORDINANCESS
ORDINANCE No, I<� CLOSIN T E HEARING
ORDINANCE No, 3 ACCENT ; STREET IMPROVEMENTS
MAYOR, BEFORE ANY ACTION IS TAKEN ON THESE ORDINANCES BY THE COUNCIL,
I WOULD AGAIN LIKE TO SAY THAT THE PURPOSE OF THIS HEARING IS TO
ABIDE BY STATE LAW 1105B, WHICH SPELLS OUT THE STEPS A CITY MUST
TAKE IN ASSESSING LAND OWNER FOR PAVING IMPROVEMENTS, THE ISSUES
AT HAND ARE WHETHER OR NOT THE CITY HAS ABIDED BY THAT LAW AND
WHETHER OR NOT YOU FEEL THAT YOUR PROPERTY HAS BEEN ENHANCED IN
VALUE BY AN AMOUNT EQUAL TO OR GREATER THAN THE ASSESSMENT WHICH
IS $2,00 PER FRONT FOOT, IS THERE ANY FINAL TESTIMONY BEFORE THE
COUNCIL TAKES ACTION ON THE TWO ORDINANCES PREVIOUSLY READ?
THANK YOU,"
V111 PASSAGE OF ORDINANCES
IX CLOSING REMARKS