Ord. 0274 04-08-74ORDINANCE NO. 2 7 4
AN ORDINANCE DECLARING THE NECESSITY FOR AND
ORDERING THE PAVING AND IMPROVEMENT OF BOBBY
STREET, 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 ]]05b,
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.
a.
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 street and the designated portions
thereof in the City of Pearland, Texas, within the limits herein
defined:
Bobby Street - from the north right-of-way line of
Knapp Road north along the center line of Bobby Street
approximately 1225 feet to the south right-of-way line
of Robinson Drive.
It is hereby ordered that such hereinabove named street
or portions 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 existing 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
street, where necessary, so as to attain a paved width on the
portion of Bobby Street 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 improve-
ment as shown in the Plans and Specifications prepared by the City
Engineer.
31I.
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 Chapter 106 of the
Acts of the First Cad!led 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 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
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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,
V. -
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 street, 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 corportion „ 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 persons, 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 ofany
parcel or parcels of property upon which a valid assessment lien
may not be levied shall in no wise affect or impair the validity
of the assessments against the 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 improvements are 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
4
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 costs
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 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.
VIII.
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 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 street
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 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 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(
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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 unconstitutional
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.
XI.
That this ordinance shall be effective after its passage
and approval on second and final reading,
PASSED AND APPROVED on FIRST reading this ?,C day of
, A. D. 1974.
41Ld
Mayor, City of Pearland, Texas
ATTEST:
S
City Secretary,
PASSED and APPROVED on SECOND and FINAL reading this the
ticday of , , A, D. 1974,
ATTEST:
City Secretary
Effective date:
Mayor, City of Pearland, Texas
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