Ord. 0325 06-14-76ORDINANCE NO. 325
AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS,
CLOSING THE HEARING ON SPECIAL ASSESSMENTS
AGAINST THE OWNERS OF CERTAIN REAL PROPERTY
ABUTTING CERTAIN PORTIONS OF FRANCES DRIVE,
TAYLOR LANE AND MCGINNIS DRIVE WITHIN THE
CITY OF PEARLAND, TEXAS; FINDING AND
DETERMINING THE SPECIAL BENEFITS TO EACH
PARCEL OF ABUTTING PROPERTY AND THE ENHANCE-
MENT 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. 245 passed and enacted on the
12th day of February, 1973 and the 26th day of February, 1973,
respectively, the City of Pearland, Texas acting by and through
the City Council o f the 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 streets or portions thereof described as follows:
FRANCES DRIVE - from the North right-of-way
line of F. M. 518 (West Broadway), approximately
1,043 feet Northerly along the center line of
Frances Drive to the South right-of-way line
of Cherry Street.
TAYLOR LANE - from th East right-of-way line
of Sleepy Hollow Drive, Easterly to the Westerly
property line extended of Lot 6,.Block 13;Sleepy
Hollow Estates. McGinnis Drive, from the westerly
property line extended of Lot 6, Block 13; Sleepy
Hollow Estates, Southeasterly to the Southeasterly
property line extended of Lot 1, Block 17, Sleepy
Hollow Estates. Total street improvements being
approximately 1519 feet.
Paving improvements abutt Lot 1, Through 10 of
Block 13 and Lot 1, Block 17 of Sleepy Hollow
Estates.
y 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 $16,357.25
Dollars and the estimated amount to be assessed against the owners
of the abutting property, to be $2.00 per property or front foot.
WHEREAS, the City Council of the City of Pearland, Texas
at the time of the enaction of Ordinance No. 245 on February 12, 1973
and February 26, 1973, ordered a hearing to be given to the owners:
of abutting property on said portions of said public streets 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 May 19, 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 May 19, 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 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
(2)
C
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 Peariand 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 thanthe 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 ofPearland, Texas on the proposed assessment against abutting
properties for a portion of the costs of improvements ordered in
Ordinance No. 245 is hereby closed, and the City Council hereby
finds that each and every parcel of property abutting on the
portions of public streets within the City of Pearland, Texas,
hereinabove set out will be enhanced in value and specially benefited
(3 )
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 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/loths of the estimated costs of the improvements
ordered by Ordinance No. 245; 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, particularly No. 245, 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 streets and
avenues 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)
J. D. MAHANAY
Post Office Box 210
Pearland, Texas 77581
H. E. WEAVER
2408 Francis
Pearland, Texas 77581
ALOIS KNEUPPER
2404 Francis
Pearland, Texas 77581
J. W. STRINGER
2406 Francis
Pearland, Texas 77581
GEORGE SANDERS
2402 Francis
Pearland Texas 77581
PROPERTY DESCRIPTION
PROPERTY OWNER _ SUBDIVISION
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ANTON SMAISTRALA
2401 Francis
Pearland, Texas 77581
S. I. FERIDAY
2403 Francis
Pearland, Texas 77581
IVAN M. SEE
2405 Francis
Pearland, Texas 77581
IVORY DEBONDE
816 Rutland Street
Houston, Texas 77007
ROBERT BRISTOW
2407 Francis
Pearland, Texas 77581
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WINEFRED COX
1810 McGinnis
Pearland, Texas 77581
DALSCO
3322 East Walnut
Pearland, Texas 77581.
DALSCO
3322 East Walnut
Pearland, Texas 77581
DALSCO
3322 East Walnut
Pearland, Texas 77581
DALSCO
3322 East Walnut
Pearland, Texas 77581
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SLEEPY HOLLOW 1 136.05 $272.10
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1802 McGinnis
Pearland, Texas 77581
DALSCO
3322 East Walnut
Pearland, Texas 77581
DALSCO
3322 East Walnut
Pearland, Texas 77581
DALSCO
3322 East Walnut
Pearland, Texas 77581
DALSCO
3322 East Walnut
Pearland, Texas 77581
PROPERTY OWNER PROPERTY DESCRIPTION
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SINNIODW
DR. JEROME ARMBRUSTE
2412 Taylor Lane
Pearland, Texas 77581
DALE HANUS
2504 Taylor Lane
Pearland, Texas 77581
FRANK E. LEE
2506 Taylor Lane
Pearland, Texas 77581
MRS. JIM KETNER
2508 Taylor Lane
Pearland, Texas 77581
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PROPERTY DESCRIPTION
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No. 70
Pt of Trs.
15
0. W. WILLETS
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SUBDIVISION
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III.
Said several amounts, 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 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. 245 duly
passed and enacted on February 12, 1973 and February 26, 1973 by
the City of Pearland, Texas. Provided however, that the City Council
shall have the authority to expressly waive and 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.
(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
day of , A. D. 1976.
ATTEST:
(---d-2-✓+-..L
CITY SECRETA
�GZ
'
theic4) L.4 )1,1
MAYOR
,;Z 4/
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
ATTEST:
l L�
t='G' ,,cam t, �/ i <-e
CITY SECRETJIRY
, A. D. 1976.
MAYOR
( 6 )