Ord. 0291 08-26-74ORDINANCE NO. 291
AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, CLOSING
THE HEARING ON SPECIAL ASSESSMENT AGAINaT THE OWNERS
OF CERTAIN REAL PROPERTY ABUTTING CERTAIN PORTIONS
OF TRELAWNEY 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 OF ABUTTING PROPERTY BY
REASON OF THE CONSTRUCTION OF IMPROVEMENTS TO SAID
PORTIONS OF SAID PUBLIC STREET; DECLARING THE AMOUNT
OF ASSESSMENT AGADST THE SAID ABUTTING PROPERTIES,
AND DECLARING AN EFFECTIVE DATE.
WHEREAS, by Ordinance No. 247 passed and enacted on the 26th
day of February, 1973 and the 12th day of March 1973, 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:
Trelawney Drive
From the East Right-of-way line on Union Valley
Drive, Easterly and North Easterly along the center
line of Trelawney Drive; to the South Westerly
Right-of-way line of Meadowville Drive, a distance
of approximately 932.55 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 $5,990.70 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. 247 on February 26, 1973 and
March 12, 1973, 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 July 29, 1974, 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 July 29, 1974 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 improve-
ments 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 tle 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, 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 prerequisties 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 1Hb 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. 247 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.
IL
The City Council of the City of Pearland finds an declares that
all proceedings with reference to the construction of such improvements and
the fixing of assessment liens and creation of personal laibilities 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 9l10ths
of the estimated costs of the improvements ordered by Ordinance No. 247;
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. 247,
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:
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H. F. Harrington Estate
3733 Westerman
Houston, Texas 77005
------]G. E. Embery (Mrs.)
7510 Hornwood
Houston, Texas 77036
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ASSESSMENT
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Joe DeForke, Jr.
3417 Trelawney
Pearland, Texas 77581
Joe DeForke, Jr.
3417 Trelawney
Pearland, Texas
Robert Clay Yelton
3415 Trelawney
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Robert Clay Yelton
3415 Trelawney
Pearland, Texas 77581
Darleen Burrows
7303 Gillen
Houston, Texas 77017
PROPERTY OWNER
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$ 130.00
$ 130.00
TOTAL
ASSESSMENT
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John W. Kennedy
3430 Trelawney
Pearland, Texas 77581
Stanley H. Pruitt
3126 Ogden
Houston, Texas 77017
John W. Kennedy
3430 Trelawney
Pearland, Texas 77581
J. D. Chappell
2918 Hepburn
Houston, Texas 77054
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PROPERTY OWNER
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$ 130.00
TOTAL
ASSESSMENT
G. C. Deslates
3418 Trelawney
Pearland, Texas 77581
G. C. Deslates
3418 Trelawney
Pearland, Texas 77581
Villiam R. Wright
5422 Trelawney 6
?earland, Texas 77581
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Villiam R. Wright
3422 Trelawney 5
'earland, Texas 77581
Stanley H. Pruitt
8126 Ogden
Houston, Texas 77017
PROPERTY OWNER
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PROPERTY .DESCRIPTION
Twin Creek Woods
Twin Creek Woods
Twin Creek Woods
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TOTAL
ASSESSMENT
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B. D. Guilliams
3408 Trelawney
Pearland, Texas 77581
B. D. Guilliars
3408 Trelawney
Pearland, Texas 77581
Walter E. Plaster
3410 Trelawney
Pearland, Texas 77581
Walter E. Plaster
3410 Trelawney Rt 1
Pearland, Texas 77571
Marie G. Walter
3414 Trelawney
Pearland, Texas 77571
PROPERTY OWNER
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Twin Creek Woods
Twin Creek Woods
Twin Creek Woods
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$ 120.00
TOTAL
ASSESSMENT '
Thomas Joseph Morris Etal
3402 Trelawney
Pearland, Texas 77581
Thomas J and Julia Morri
3402 Trelawney
Pearland, Texas 77581
PROPERTY OWNER
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PROPERTY DESCRIPTION
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Twin Creek Woods
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$ 120.00
TOTAL
ASSESSMENT
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PROPERTY FOOTAGE
ABUTTING
IMPROVEMENN I'
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OWNER ASSESS-
MENT RATE PER '
PROPERTY FOOT
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CITY'S COST
ABOVE ASSESS m
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$ 5,990.70
TOTAL CONSTRUCTION COST
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 assessments shall be collectible
with interest,expenses of collection and reasonable attorney's fees if
incurred, and shall be first and prior leins 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
againstthe 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 247 duly passed and enacted on
the 26th day of February, 1973 and the 12th day of March 1973 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 an
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 /.0_ day of
A. D. 1974.
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 ;2 day of
47 -
EFFECTIVE DATE:
, A. D. 1974.
MAYOR
AFFIDAVIT OF PUBLICATION
THE STATE OF TEXAS
COUNTY OF Brazoria
BEFORE ME, the undersigned authority, a Notary Public in and
for said State and County, on this day personally appeared
Priscilla Hawkins
, being known
to me, and being by me first duly sworn, upon his oath deposes and says:
that he is the ear -publisher of Legels for Sun Progress
a newspaper of general circulation published in Braznria
County, Texas: that a copy of the attached notice was published in the
English language in said newspaper on the following dates:
July $ ' 19 71+
July 11 19 74
July 18 . 19 74
A copy of such notice being attached hereto and expressly made a
part of this affidavit of publisher or other duly authorized person.
Priscilla Hawkins
By:/ iezP(',r.4&,(1
Classified Manager
SWORN TO AND SUBSCRIBED before me by the said
Priscilla Hawkins
Legais for Sun Progress
day of July
witness my hand and seal of office.
L. S.
, on this the
19 74
Notary Public in and for
Printer's Fee: $/12,15
, publisher of
22nd
to certify which
Publish July 4, LI,18; 1974-
NOTICE OF PUBLIC '
HEARING - ON STREET
ASSESSMENTS''
Notice is hereby given by
the City Council of the City of
Pearland, Texas, of a public -
hearing to be held on July 29,
1974, .at 7:30 o'clock :p.m.,
Council Chambers,_. City Hall,.
2335 N. Texas `Avenue,:!
Pearland, Texas, on the
proposed assessment against
abutting property owners of a
portion of the costs of im-
provements to the following
described public street within.
the City of Pearland, con-
sisting of grading and paving.
or permanently repairing or
e and/or by constructing
curbs - and': gutters and
sidewalks, and, where
necessary, by reconstructing
and realigning existing curbs
and guttersanssidewalks;
and by widening said street or
portions thereof, - where..
necessary, so as to, attain a'
paved width on the hereinafter
named street of Twenty-four
(24') feet and by constructing
necessary and prope ap-
purtenances and incidentals to
such improvements, including.,
drains and culverts.
Assessmentsare, proposed
against all privately owned
property abutting the
following- street or portions
thereof within the city limits
of Pearland, Texas, to -wit:
Trelawney Drive, from they
East right-of-way line on
Union Valley Drive, Easterly
and Northeasterly along the
center line of Trelawney Drive to the Southwesterly right-of-
way line- of . Meadowville
Drive. a distance of ap-
proximately 932.55 feet.' - -
The estimated total cost of
such improvements ; if
$5,990.70: The -estimated
amount to be assessed against
the owners of the abutting
property Allpersonsndfronproperty
foot.
owners shall be given an
opportunity to be heard at the
time of said- hearing and
should be present at such time
and place.
/s/ Carlton McComb:
Mayor
ATTEST' :;
/s/Dcrothy L. Cock,, ,
City Secretary