Ord. 0284 06-12-74ORDINANCE NO. 284
AN ORDINANCE DECLARING THE NECESSITY FOR AND ORDERING THE
PAVING AND IMPROVEMENT OF PORTIONS OF WILLITS DRIVE, CREEKRIDGE
DRIVE, MC GINNIS DRIVE, AND TAYOR LANE, 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 PROVIDING 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 THE 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,
TEXAS:.
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:
Willits Drive - From the Northwesterly right-of-way line
of Dixie Farm Road along the center line of Willits Drive
approximately 975 feet to the Northwesterly property line
of Lot 1, Block 3 of McGinnis Subdivision extended.
Creekridge Drive - From the Southwesterly right-of-way line
of Willits Drive along the center line of Creekridge Drive
approximately 1700 feet to the Northeasterly right-of-way
line of McGinnis Drive.
McGinnis Drive - From the Northwesterly right-of-way line
of Dixie Farm Road along the center line of McGinnis Drive
approximately 1000 feet to the Northwesterly property line
of Lot 1, Block 1 of McGinnis Subdivision extended.
Taylor Lane - From the intersection of McGinnis Drive along
the center line of Taylor Lane, Northeasterly and Easterly
approximately 1800 feet to the Northwesterly property line
of McGinnis Subdivision.
II.
It is hereby ordered that such hereinabove named streets or portions
thereof within the limits herein described shall be improved by grading and
pavingor permanently repairing or repaving the same and/or by constructing
curbs and gutters and sidewalks; and, where necessary, by reconstructing 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 portions of Willits Drive, Creekridge Drive, McGinnis Drive and Taylor Lane
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 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 improvement as shown in
the Plans and Specifications prepared by the City Engineer.
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 assess-
ments for the property owner's portion of the cost Of such improvements, and
the provisions of which Statute are hereby incorporated 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 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 "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.
A. The amounts 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 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 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
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 corporation may be assessed jointly. The omission of improvements in front
of any parcel or parcels of property upon which a valid assessement 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,
improvements on such part may be postponed or delayed until such time as adequate
finances are available, either through assessment or otherwise. In the event
such improvementssare 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 said City are hereby in all things approved.
VII.
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 without letting a contract to a private contractor,
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 such improvements, all in accordance with such instructions
as may be given him by the City Council or City Manger. 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 causeto 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 streets
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 wages4n 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 Mini-
mum 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 hereby declare
That if any section, sub -section, paragraph, sentence, clause, phrase, word
or portion of this ordinance is declared
court of competent jurisdiction, that in
invalid or
unconstitutional, by a
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.
app
xI.
That this ordinance shall be effective after its passage and
oval upon second and final reading.
PASSED AND APPROVED ON FIRST reading this / % day of
Attest:
City Secretary
PASSED and APPROVED on SECOND and FINAL reading this the
day of , A. D. 1974.
, A. D. 1974.
u '))7Q 6nti,
Mayor, City of Pearland, Texas
Attest:
City Secretary
Effective date:
Mayor, City of Pearland, Texas
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