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Ord. 0286 07-01-74ORDINANCE NO. 286 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. LONGHERRIDGE DRIVE AND MARYSCREEK LANE EAST WITHIN THE CITY OF PEARLAND, TEXAS; FINDING AND DETERMINING THE SPECI2½L 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 SAID ABUTTING PROPERTIES AND LEVYING SAME AGAINST SAID. PROPERTIES, AND DECLARING AN EFFECTIVE DATE. WHEREAS, by Ordinance No. 232, passed and enacted on the 13th day of March, 1972 and the 27th day of March, 1972, respectively, the City of Pearland, Texas, declared 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, by grading and paving or permanently repairing or repaving 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: Longherridge Drive - From the Southeast right-of-way of Shadycrest Drive along the center line of Longherridge Drive, Southeasterly and Southwesterly 3,525.23 feet to the Northeasterly right -of way line of Marys Creek Lane East. THENCE, from the Southwesterly right-of-way line of Marys Creek East along the center line of Longherridge Drive, Southwesterly 1009.70 feet to a point in the Southwest line extended of Lot 10, Block 3, Shadycrest Subdivision. Marys Creek Lane East - - - From the Southeast right-of-way line of Longherridge Drive, extended approximately 298.33 feet Northwest along the center line of Marys Creek Lane East to the Westerly property line of Lot 2, Block 8 extended. 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 30,965.50 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. 232 on March 13, 1972 and March 27,1972, 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 City 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 1, 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 1, 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 assessments, the lien and liability thereof, the special benefits to the abutting property 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 them 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 noticeof 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 or addresses were not shown on the rendered rolls, said notices, both written and publised, 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 parcel"& 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: Pearland, a portion That the public hearing before the City Council of the City of Texas, on the proposed assessment against abutting properties for of the costs of improvements ordered in Ordinance 232 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 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 as as to fully comply with all property owners to be assessed against the estimated costs of amount assessed herein legal, Constitutional and equitable requirements; that all have been given a full and fair hearing; that the amount such abutting properties does not exceed 9/loths of the improvements ordered by Ordinance No. 232 and the 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 Ordinance No.232 the estimates, reports, lists- and the notices and hearing aforesaid; contained in Acts 1927 of the 40th Called Session. Chapter 106, Page Article 1105b of the Revised Civil statements of the City Engineer, and and by virtue of the powers conferred and Legislature of the State of Texas, First 489, as amended, otherwise know as 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: NGINEER'S ROLL LONGHERRIDGE a- . 22 N H O O LL CC W GO W O L_ C W n w W w w • CD Ja DE. C GO - ci N ciC._ U-1 C (n C Ci F)_-w • = O in <n ti -J .Z. ? C0/%i O OJ N C O O O O O O CO W 16 Shadycrest 160.00 $320.00 PROPERTY FOOTAGE 144.00 150.00 150.00 ct ct 00 In r SUBDIVISION Shadycrest +3 u) N 5- U v 1 rp s N Shadycrest 4) in CU S- U u v —col- : N PROPERTY OWNER PROPERTY DESCRIPTION ._ e a LLOT BLOCK® m. William K. Miller 3415 LongHerridge Dr. 1 16 . Pearland, Texas William K. Miller 3415 Long Herridge Dr. 2 16 Pearland, Texas r r M William K. Miller 3415 Long Herridge Dr. Pearland, Texas Helmut W. Birnbaum 3411 Long Herridge Dr. PPerland.� Texas_ V. M. Curry 3929 De Leon Houston, Texas „770J7- ENGINEER'S ROLL LONGHERRIDGE o: LS CD C t_ w c (n C (n V Q ORDINANCE 232 Nt V) J I O Out CD !— cn 1 N GO t ¢g �- 4 a t 5. CO • CId0' N O N O O O Shadycrest 124.70 5249.40 PROPERTY FOOTAGE 160.00 100.00 61.84 161.84. O CD CD O N, • 100.00 SUBDIVISION Shadycrest Shadycrest Shadycrest 4-1 (n OU 5- 0 11, PROPERTY DESCRIPTION LOT BLOCK 6 16 t 1 to r r n O Ol O PROPERTY OWNER V. M. Curry 3029 De Leon Houston, Texas 77017 Frank E. Lee, Sr. 2506 Taylor Lane Pearland, Texas William E. Vanndy, Jr. 3403 Long Herridge Dr. Pearland, Texas Eugene A. Wasek 2001 LongHerridge Dr. Pearland, Texas Harold A. Wilson 3320 Churchill Pearland, Texas sml a H in H :] s O oC 0 o N 0 en r) M $271.68 102.36 $204.72 FEET OF FRONTAGE 0 0 • 0 1 o cj-- M N ct Ln CO CO ln Ol l0 45.30 90.54 135.84 SUBDIVISION Shadycrest Shadycrest Shadycrest 43 N N U-" >, ms as .c N Shadycrest PROPERTY DESCRIPTION, if- Et60 0 El PROPERTY OWNER 1 0lan E. Hunter 207 Simpson Road Victoria, Texas 77901 Robert W. Eldred 2007 Longherridge Pearland, TExas 77581 James D. Murray 3403 Shadycrest Pearland, TExas 77581 John Wade 3405 Shadycrest Pearland, Texas 77581 • Alfred E. Anthony 16857 Ballanger ST. Sepulveda, California LONGHERRIDGE 0 H ENGINEER'S ROLL W Z 4-4 0 O SHEET NUMBER TOTAL ASSESSMENT $669.88 0 CO CO N LC) O 0 O l0 CV N - N N N N N N CO PROPERTY FOOTAGE &BUTTING LM RQY.EbiE T .. 249.70 85.24 334.94 114.79 146.86 ' 261.65 130.00 r l0 r r tO r r Shadycrest Robert Blanchard 3406 Longherridge Dr. 12 11 Shadycrest Pearland, Texas Robert Blanchard 3406 Longherridge Dr. 13 Shadycrest Pearland, Texas James Hairgrove 3408 Longherridge Dr. 14 11 Shadycrest PROPERTY DESCRIPTION" LOT BLOCK 10 11 3402 Longherridge Dr. 11 11 Pearland, Texas LONGHERRIDGE ENGINEER'S ROLL N C N SHEET NUMBER in F-- O O W CDN I-- N 1.I') o co N 0 N AI Q asr m r M ts1- $237.66 CD CC n N CV -EA Shadycrest 126.58 $253.16 PROPERTY FOOTAGE AB1 131.25 69.66 89.90 159.56 118.83 O 1 r r Welby G. Ward 2810 Peach 16 11 Shadycrest Pasadena, Texas 77502 Frances M. Belin 3416 Longherridge Dr. 17 11 Shadycrest Pearland, Texas Shadycrest • r N Frances M. Belin 3416 Longherridge Dr. Pearland, Texas Charlie B. Ware 3502 Longherridge Dr. Pearland, Texas 77581' LONGHERRIDGE O N ENGINEER'S ROLL ORDINANCE 232 SHEET NUMBER TOTAL ASSESSMENT $254.50 N 0' N $277.08 r1212 Shadycrest 138.54 $277.08 Shadycrest 134.63 269.26 PROPERTY FOOTAGE ABUT'ING IM Q3L' 1'iT, ...- 127.25 86.29 , 48.27 134.56 138.54 SUBDIVISION Shadycrest Shadycrest. Shadycrest 9 12 10 12 r N Auther H. Perkins 3510 Longherridge Dr. Pearland, Texas William D. Bozka 3512 Longherridge Dr. Pearland, Texas__ _ __� ENGINEER'S ROLL LONGHERRIDGE n SHEET NUMBER E 4 Ln CD <n N CO 0) 3.0 CO r N Od'O) r L() r 4.0 r i- t0 CO tOctN C) M Z 0 H la_0. H O K , J U CO W W >- 1- D_ fH' W 0- I- I- O 0 O CC J O fa- LL. >- e 1- 1- W W Cl. L W O Q L_ K X (Z W H CC Cal Z O W Z tzt W C N c V J -I CC W (/7 W F- In n. Z C w ti s C7 O N Z r to H >- 1- W >1-- 0(n < H H u) 2 U Q PERTY OWNER 0- M r 1• V r r l0 n VD Neil C. Wilcoxson 3602 Longherridge Dr. Pearland, Texas James A. Duke 2604 Lonherridge Dr. Pearland, Texas P.O. Box 338 Pearland, Texas Mary's Creek East Pearland, Texas ENGINEER'S ROLL LONGHERRIDGE N CO c- W ' L } CD U C :/1 a CD c OL! i CD Z F- ✓1 } N H N ` r O Ci aq C O O O N 1-- 0 0 W } F- CC I— W W CL CO W C .- C x is W N jW F u ? CV .: v. PROPERTY DESCRIPTION C W 0 F-1 CO CD iCD, CC _41 0; O: Ji 5' O O CO O O O LO O O CY CV r r O O +) +- +J V N N L Z 5- 0.0 U -6 -o 'C it 0 R s .c t N CO N C w O J C 1— } c C •• W LT O O C n > O > an N H N 2- U C 44 S.. CU - 0 -4 W 0 r0 2 2003 Mary's Creek East x r Houston, Texas 77017 Houston, Texas 77017 4 +3 N V) i S- C) U in 1, as .c t N N Cr) i O o rn 'O • •r c 5- ct) L C v L c W 0 0 G J Er- r O (0 10 o Pearland, Texas 3605 Longherridge Dr. Pearland, Texas LONGHERRIDGE N fh N -57 O z ?— w N Ci CD n y afr 0 V) G J L F- O 1 O LLIV) j c) to 3# M G i t 's 1 3 00 0) EA} 00 CO EPr O 0 co N - 4.9' • Shadycrest 136.00 $272.00 PROPERTY FOOTAGE ABELL.NL TIi„EROVEM.FL,T..,r..� 150.00 O O O LC) - O o LC) 140.00 SUBDIVISION Shadycrest Shadycrest Shadycrest Shadycrest PROPERTY OWNER PROPERTY DESCRIPTION e w� LOT ...BLOCK Clifford L. Dietrich. 3603 Longherridge Dr. 5 15 . Pearland, Texas ' r r CO Woofliff M. White .> 3601 Longherridge Dr. Pearland, Texas Melvin L. Ritter 3511 Longherridge Dr. Pearland,. Texas John T. Kaleh 3509 Longherridge Pearland, Texas Alvin H. Stremmel, Sr. 3507 Longherridge Dr. Pearland, Texas 77581 LONGHERRIDGE N M N O 4 L' Z _ V) ENGINEER'S ROLL TOTAL ASSESSMENT $264.00 O 1.0 r 6l N o O O O M O n CO CO M Shadycrest 217.59 t$435.18 PROPERTY FOOTAGE ABUT UM DEBUYEMEN.I., 132.00 145.80 150.00 IS) c 0i SUBDIVISION Shadycrest Shadycrest Shadycrest E-' N v s. V R .c CO PROPERTY DESCRIPTION LOT BLOCK 10 15 r PROPERTY OWNER Odis R. Eddings 2413 S. Pearland Pearland, Texas Roy Fish 3503 Longherridge Dr. Pearland, Texas Clarence C. Billingslea P.O. Box 872 Pearland, Texas James H. Inman 2102 Mary's Creek East Pearland, Texas F. G. Whitehouse Jr. 2101 Mary's Creek West Pearland, Texas ENGINEER'S ROLL LONGHERRIDGE (V N W Q CC O 0 O SHEET NUMBER y I- K F- W W d N W O < li CC X d W I- CL W I- ^ d Z 0 W Z cj- W Q N I- V) J�/ Q N CC < W W <n W I- N d Z Vf W l:_ L C11 O N Z 2 CO >-+ r I- W ? I- 0 N 0I -1 3 a- N C..)3: d TOTAL ASSESSMENT $500.00 O O O Gl W V CO tD in O <h PROPERTY FOOTAGE ABIJ�]IN� T[�PROVF, MAN, 250.00 220.00 cl- Ol 0 N 203.29 116.99 320.28 36.12 73.84 109.96 SUBDIVISION Shadycrest Shadycrest Shadycrest Shadycrest PROPERTY OWNERPROPERTY DESCRIPTION LOT BLOCK Foster Earl Foucheaux 2102 Mary's Creek West 9 3 Pearland, Texas t0 CO - 00 CO N. 4 James L. Johnson 2004 Mary's Creek West Pearland, Texas Michael Saladino 2003 Mary's Creek West Pearland, Texas Alan R. Cornwall 2006 Mary's Creek East I Pe 1 d -rant ar an Alan R. Cornwall 2006 Mary's Creek East Pearland,, Texas_ ENGINEER'S ROLL ORDINANCE UNIT NO. LONGHERRIDGE SHEET NUMBER O O N te- O O L >- 1-- sr t— W W a V) W O >c L K W a W F- W Z O W 7 W F C f— V) L" N CC W Q cn W 1— (f) a- ‘-, W L Z L 0 v) S In t-. >- I-- W I— O V) r--1 <n C 0 3 c TOTAL ASSESSMENT �. $265.•52 O COcst LO tH PROPERTY FOOTAGE 132.76 69.53 ' 64.67 134.2O SUBDIVISION ' Shadycrest Shadycrest PROPERTY DESCRIPTION LOT BLOCK 10 3 '0 lO PROPERTY OWNER Mable L. H. Rohne Rt 1, Box 325M Pearland, Texas 77581 Tollock, Willis C. Sr. 3903 Longherridge Pearland, Texas 77581 LONGHERRIDGE O 0 O O O O N Lf) LC) (0 (0 CO 0 CO N 01 N. 01 N d' O l0 LO LO r CDCO N.. N. O r r N N d- rr r r tf} W C.) Z Q LO LO O 0 LO 161 Z N N M CO r H • O CO LO 4.0 O V) 0 V) V) V) V) C C C r 7 O 0 0 d U 0 1— F- 1— CD O O O O LO O O LO CO CV O LO N.. d' LO lfl. N d- N Ol r 01 0 N CO LO O CDO O CD CD CD CD CD O O O CM O O C. O N CO N O N N CO d• i� CO d- rr cY Ol ch I- CM r. r . T N «) 0) N-) d O O O O O O O LO O O 0 0• 0 0 d- CO W 0 CO d- 0 ♦— O O O O O Fi • V) V) tel V) V) V) V) i L. i i i i i .0 ..0 L t L L ..0 (O CO N VD CO O O O O O d' I� (O O O CO to O O CO CO 01 CO LO N CO W CO CO d' O r r r M Cr) W C rd a 5- W (1) 0) F- -1-) Y -Y t S C 0 O 'O 4-1K CC 0rd d) O .0 v) = 44 'O r 0. rd Cd V) C C V) CO S r N O C EQUIPMENT & LABOR Maintainer Water Truck i S- W N r r r r-- 0 0 CC CC r 4-) Y a 0 O -c (1--- 5- 3 V) F- CL i Q) C N Q 2 r L C LL V) 0 Spreader Box Distributor Truck Labor & Supervision , Administrative &Engineering rt) 0 C) —J TOTAL CONSTRUCTION COST . $ 6,288.21' CITY'S COST ABOVE ASSESSMENT Ln CO 0 n M uA- PROPERTY OWNERS COST • o r re m to WNERSESS ASMENT RATE PER PROPERTY FOOT O O N • PROPERTY FOOTAGE ABUTTING IMPROVE- MENT M CI 03 LO COST PER PROPERTY FT. OF STREET en. O S/W PROPERT LINE, LOT 1 BLK 3 1009.70 LIN. FT F FROM MARYS EgiEFIK W OS W >- z W w 0 to C CO V) F CD ¢ w o 0_y c W W z F 3 Q WWY W F w ccc w F 1- 0_ n v) O oc0 U0_O O F >- W czt 1- LL J 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 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. 232 duly passed and enacted on March 13, 1972 and March 27, 1972 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. That this ordinance shall be effective after its passage and approved upon second and final reading at a regular meeting of the City Council of the City of Pearland, Texas PASSED AND APPROVED this Z day of A. D. 1974. ATTEST: Mayor City Secretary 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. 1974. 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. 1974. ATTEST: City Secretary EFFECTIVE DATE: Mayor