Ord. 0316 10-27-75constructing necessary and proper appurtenances and incidentals 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 improvements 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 determines 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 in-
corporated -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 an 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 "cost of the remaining
2.
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 amount 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 the collecting of 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 property 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 unknown, 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 assessment against the property shall be valid whether or
3.
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 corporations may be assessed jointly.
The omission of improvements in front of any parcel orparcelsof
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, improve-
ments on such part may be postponed or delayed until such time as
adequate finances are available, either through assessment or other-
wise. 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 the said City are hereby in
things approved.
bids for
thereof,
all
VII.
The City Manager is hereby authorized to advertise for
the improvement work herein described, or for any portion
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 Public Works to
rent equipment, employ adequate labor, and complete any portion
of the project without letting a contract to a private contractor.
4.
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 improvements,
all in accordance 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 to perform
and construct said improvements is the rate 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
hareby declare that if any section, sub -section, paragraph, sentence,
5.
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 been passed and ordained any andall remaining
portions of this ordinance without the inclusion of that portion or
portions which may be so found to be uncontitutional 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 al' day of
ATTE T.
City Secretary
, A. D. 1975.
)706-22d,
Mayor, City of Pearland, Texas
PASSED AND APPROVED ON SECOND and FINAL reading this
day of , A. D. 1975.
ATTEST:
City Secretary
Effective date:
Mayor, City of Pearland, Texas
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