Ord. 0306 05-12-75TEXAS:
ORDINANCE NO. 306
AN ORDINANCE DECLARING THE NECESSITY FOR AND
ORDERING THE PAVING AND IMPROVEMENT OF PORTIONS
OF LYNN DRIVE, CITY OF PEARLAND, TEXAS;
APPROVING PLANS AND SPECIFICATIONS FOR SUCH
WORK; AUTHORIZING THE CITY MANAGER TO ADVERTISE
FOR BIDS IF NECESSARY; DIRECTING THE PREPARATION
OF ESTIMATES; INVOKING AND ADOPTING THE PROVISIONS
OF ARTICLE 1105b, VERNON'S REVISED CIVIL STATUTES;
PROVIDING THE MANNER IN WHICH AND BY WHOM THE
COST OF SUCH IMPROVEMENTS SHALL BE PAID AND PRO-
VIDING FOR THE ASSESSMENT OF A PORTION OF SUCH
COSTS AGAINST ABUTTING PROPERTIES AND THE OWNERS
THEREOF; PROVIDING FOR THE TERMS OF PAYMENT OF SUCH
ASSESSMENTS; DIRECTING THE CITY SECRETARY TO CAUSE
A CERTIFIED COPY OF THIS ORDINANCE TO BE FILED IN
THE DEED OF TRUST RECORDS OF BRAZORIA COUNTY,
TEXAS; ENACTING PROVISIONS INCIDENT AND RELATING
TO THE SUBJECT; PROVIDING A SAVINGS CLAUSE AND AN
EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND,
1.
That there exists a public necessity to permanently improve the
following named streets and the designated portions thereof in the City
of Pearland, Texas, within the limits herein defined:
LYNN DRIVE, from the Northerly Right -of -Way line of FM 518
(Broadway) 1788.92 feet along its centerline to the South-
erly Right -of -Way line of Cherry Street.
2.
It is hereby ordered that such hereinabove named street and por-
tions thereof within the limits herein described shall be improved by
grading and paving or permanently repairing or repaving the same and/or
by constructing curbs and gutters and sidewalks where there are no exist-
ing curbs and gutters and sidewalks; and, where necessary, by reconstruct-
inging and re -aligning existing curbs and gutters and sidewalks; and by
widening said portions of said streets, where necessary, so as to attain
a paved width on the portion of Lynn Drive referred to above of twenty-
four (24) feet and by constructing 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 sur-
face on adequate base; which base and surface, as well as all of such
other improvements to be made, shall be of such a nature and type of
construction in each particular unit of improvements as shown in the
Plans and Specifications prepared by the City Engineer.
3
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 Statue are hereby incorporated
by reference for all appropriate purposes as if copied herein.
4.
A. A portion of the cost of said improvements shall be paid for by
assessment against the properties abutting on the portion of the streets
named above, and against the real and true owners thereof, in accordance
with Article 1105b, Vernon's Revised Civil Statutes of Texas, in 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 amounts 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 "costs of the remaining 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.
5.
A. The amounts payable by the abutting properties and by the real
and true owners thereof, and assessed against such properties shall con-
stitute 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 de-
fined 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 assessments
when due, reasonable attorney's fees and costs 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 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 result-
ing 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 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 or parcels of property upon which
a valid assessment lien may not be levied shall in no wise affect or im-
pair the validity of the assessments against the other abutting properties.
D. In any case where valid assessments may not be levied against
abutting property and the 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, improvements on such part may be postponed or delayed
until such time as adequate finances are available, either through assess-
ment or otherwise. In the event such improvements are finally and perma-
nently omitted from the street improvement program and plan, the lien on
,properties abutting said part omitted shall be released.
6.
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 offices of the said City are hereby in all things approved.
7.
The City Manager is hereby authorized to advertise for bids for
the improvement work herein described, or for any portion thereof, 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 or the entire project without Jetting a contract
to a private contractor, so long as such City Charter and State law re-
quirements for bids on the 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 such
improvements, all in accordance with such instructions as may be given him
by the City Council or the 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.
8
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 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 streets
herein described of the creation and existence of the assessment liens herein
created.
c_
9.
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 needed 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 for legal holidays and
overtime work is the rate indicated as such in said Schedule.
10.
The City Council of the City of Pearland, Texas, does hereby declare
that if any section, sub -section, paragraph, sentence, 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 passed
and ordained any and all remaining portions of this ordinance without the
inclusion of that portion or portions which may be so found to be unconsti-
tutional 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.
11.
That this ordinance shall be effective after its passage and
approval upon second and final reading.
PASSED AND APPROVED on FIRST reading this 2_ day of
, 1975.
Mayor, City of Pearland, Texas
ATTEST:
City Secretary;`
PASSED AND APPROVED on SECOND and FINAL reading this / „ day
ATTEST:
i City Secretary Effective Date: ,3i /a - 7S-
, 1975.
Mayor, City of Pearland, Texas