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
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16 Shadycrest 160.00 $320.00
PROPERTY FOOTAGE
144.00
150.00
150.00
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Shadycrest
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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
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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-
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ORDINANCE 232
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Shadycrest 124.70 5249.40
PROPERTY FOOTAGE
160.00
100.00
61.84
161.84.
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SUBDIVISION
Shadycrest
Shadycrest
Shadycrest
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PROPERTY DESCRIPTION
LOT BLOCK
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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
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$271.68
102.36 $204.72
FEET OF FRONTAGE
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45.30
90.54
135.84
SUBDIVISION
Shadycrest
Shadycrest
Shadycrest
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Shadycrest
PROPERTY DESCRIPTION,
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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
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SHEET NUMBER
TOTAL
ASSESSMENT
$669.88
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PROPERTY FOOTAGE
&BUTTING LM RQY.EbiE T ..
249.70
85.24
334.94
114.79
146.86 '
261.65
130.00
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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
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$237.66
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Shadycrest 126.58 $253.16
PROPERTY FOOTAGE
AB1
131.25
69.66
89.90
159.56
118.83
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Welby G. Ward
2810 Peach 16 11 Shadycrest
Pasadena, Texas 77502
Frances M. Belin
3416 Longherridge Dr. 17 11 Shadycrest
Pearland, Texas
Shadycrest
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Frances M. Belin
3416 Longherridge Dr.
Pearland, Texas
Charlie B. Ware
3502 Longherridge Dr.
Pearland, Texas 77581'
LONGHERRIDGE
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ENGINEER'S ROLL
ORDINANCE 232
SHEET NUMBER
TOTAL
ASSESSMENT
$254.50
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$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
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Auther H. Perkins
3510 Longherridge Dr.
Pearland, Texas
William D. Bozka
3512 Longherridge Dr.
Pearland, Texas__ _ __�
ENGINEER'S ROLL
LONGHERRIDGE
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PERTY OWNER
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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
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2003 Mary's Creek East
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Houston, Texas 77017
Houston, Texas 77017
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Pearland, Texas
3605 Longherridge Dr.
Pearland, Texas
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Shadycrest 136.00 $272.00
PROPERTY FOOTAGE
ABELL.NL TIi„EROVEM.FL,T..,r..�
150.00
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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 '
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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
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ENGINEER'S ROLL
TOTAL
ASSESSMENT
$264.00
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Shadycrest 217.59 t$435.18
PROPERTY FOOTAGE
ABUT UM DEBUYEMEN.I.,
132.00
145.80
150.00
IS)
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SUBDIVISION
Shadycrest
Shadycrest
Shadycrest
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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
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SHEET NUMBER
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TOTAL
ASSESSMENT
$500.00
O
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PROPERTY FOOTAGE
ABIJ�]IN� T[�PROVF, MAN,
250.00
220.00
cl-
Ol
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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
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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
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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
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LO O CDO O CD CD CD CD CD O O O
CM O O C. O N CO N O N
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d O O O O O O O
LO O O 0 0• 0 0
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0
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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
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CO S r N O C
EQUIPMENT & LABOR
Maintainer
Water Truck
i S-
W N
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0 0
CC CC
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a 0 O
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Distributor Truck
Labor & Supervision
, Administrative &Engineering
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TOTAL CONSTRUCTION
COST .
$ 6,288.21'
CITY'S COST
ABOVE ASSESSMENT
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PROPERTY OWNERS
COST •
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WNERSESS ASMENT
RATE PER PROPERTY
FOOT
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PROPERTY FOOTAGE
ABUTTING IMPROVE-
MENT
M
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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
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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