Ord. 0267 12-17-734
ORDINANCE NO. 267
AN ORDINANCE DECLARING THE NECESSITY FOR AND
ORDERING THE PAVING AND IMPROVEMENT OF A PORTION
OF CUNNINGHAM DRIVE, LETHBRIDGE DRIVE, AND A PORTION
OF MEADOWVILLE DRIVE, 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:
I,
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 here
in defined:
Cunningham Drive from the North right of way line
of Pear Street, northerly along the centerline of
Cunningham Drive, approximately 647,41 ft, to the
South right of way line of Cherry Street,
Lethbridge Drive and a portion of Meadowville Drive r
from the East right of way line of Union Valley Drive
easterly along the centerlines of Lethbridge Drive
and northwesterly along a portion of Meadowville Drive
to the southeast right of way line of Wheatridge Drive
a total distance of 1,319 feet,
II,
It is hereby ordered that such hereinabove named streets
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 cutters and sidewalks; and by widening said portions of said
streets, where necessary, so as to attain a paved width on the
portion of Cunningham Drive, Lethbridge Drive., and portion of
Meadowville ✓rive 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 assessments for the property owners 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.
TV.
A. A portion of the cost of said improvementsshall be
paid for by assessment against the properties abutting on the
portion of the streets 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
Attorneys 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 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; an? if any property be owned by an estate, or by any
firm or corporation, it shall be sufficient to so state, and it
ea
be necessary to give the correct name of any owner, but
nd 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 assessment lien
May not be 'leviedi 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 steets 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 offices of said City are hereby in all
things approved.
s fo
VII.
The City Manager is hereby authorized to advertise for
the improvement work herein described, or for any portion
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 farther 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 costs
of each type or kind of such improvements, all in accordance wtth.
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 streets
herein described of the creation and existance 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 th.e 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,
clause, phrase, word or portion of this ordinance is declared in-
valid 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 upon second and final reading.
PASSED AND APPROVED on FIRST reading this /7 day of
, A. D. 1973,
s/
Mayor, City of Pearland, Texas
ATTEST:
5,
PASSED AND APPROVED on SECOND and FINAL reading this
day of , A, D, 19 X,
ATTEST:
Mayor, City of Pearland, Texas
City Secretary
Effective date:
32414 NOTICES
H
U
H
rri
H
H
to
W
u
0
1.4
a
O
Ntau"NPN00:IOnnm'NO.O.r10ON 00N OMOnnYN1
C1Wf1QY". 1.1 .4A)-- 0O04'0 (.1 NaNelM,04.400..'.NNN Of1<fl
L .0• 4 LO010 L _'K N N w 144w
"vv , L COL. L G
N. L 4 O� p 4
O Y p m O O 9 co .0 w >
m H 0 C4 M
W$ 4 y Ay' 4 4 p0 4 4 d `t ^ p O L
Y O CN M 6 "v a E. 6 N V L. O N ."1 .' C J T S^
O w 1 O 0' 0 0 0 0^ L H H V p
0.£V....+ rlm yoy 04 .0 4404y'' teC'i.i 4 4r t30c
OL4nCLCNbOo`.. ~ . 90O 314.kU 4- Hbd ..]S4
�.0 L.snfp oe L Y onW .J ... E + �S OK • 0
Ir.a b 0 10 0 N A A 2 0, 0 0 d M p m 4
0 y m ii C a d d V t' O 4 4 C .i L c 0 O b
G aw.5 .4C -C K'O 0 � v Ur
-ccO O^^O.0yy ML me>K%C0l 0.
> d d d p V.V q0 04 0 00 0 O m- C 6 G< a.
p' u L G m41 U 4L 4 4 L w 4 `�
1
l00 py 4 404.0L 0�100ti'A OST
L M M .p-C G 4.4 4 O d m 1 o 4.V O O F 4 4
4 . c VF ^Ga00ECy0 > 4 0'0U 000 tl00000
r1 .+ O C L tl Y> y 0 0 0 O O V t' ,L 4 4 C W 4 O C 4 C 3 3
a0� OMG A O%OF.4 CO w yY 40 L 64
mmo c�s>e iia w wi.� w4 �vl vlM eH �._N v.m E.g333
c t"
p ,c
m c
a
•..i-
t If
`a
t
E ..
W P u
43
9aa
a woo
N E
yU, Opp W £.H
NN OO O O •1 O n 0 0 0 N Np 0 O N4 04 0 O 0 0 0 a O O O
ONONNO O n0 000� 0O ar'i0C NO 00 Nn0
OI VI cn cm1.12'I .4 N C1m O N V 0 an044 N en tu 4,1 a•C10404 N A 010) 0f0N M in 0)
d
>
R ~. 0 m O
> 0 4 Y p- 0 r D
vv 5 4
L 0 0 0 V' 4 > Co4 J C N O ! G
c=.. FmaLa � -Laoil maaro
._. C m�i 4 J Vp
ti=N -4'
140 6 Y 4 YJ C L V 4 A4 .........,Et. > S 4.
4 3 C: U ke. L m 4 4 6 C.> 0. fl. A :. y 4 m
d Va .0 q4 9F"yt y a ^ V4 4 0V ' '
4 f C uL O. "C F A 4:4 L Y. coEE O eG G . -
MW O. 4 L d C oauL 0 4 T 4 O 04 4
N a.a Et " 4t3A ccn.k eF4- w KS
a o .et E o n c0£c£€€ _r`s E F L
p a°aw` a:....Sszontf *ta`aa°amv.mo-a<o
--fl'DAV, NOVEMn
f EPAL REGPsrEr. VOL