Ord. 0250 04-09-73TEXAS:
AN ORDINANCE DECLARING THE NECESSITY FOR AND ORDERING
THE PAVING AND IMPROVEMENT OF PORTIONS OF ROBERT STREET,
NANCY STREET, ROBINSON DRIVE, AND UNION VALLEY DRIVE,
CITY OF 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 IMPROVE-
MENTS 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 THIS ORDINANCE TO BE FILED
IN THE DEED OF TRUST RECORDS OF BRAZORIA COUNTY, TEXAS,
PROVIDING A SAVINGS CLAUSE AND AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND,
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 limits herein defined:
Robert Street: From the North right-of-way line of Knapp Road
Northerly to the South right-of-way line of Robinson Drive,
approximately 1400'. (Clear Creek Estates Section II.) (ioto
Nancy Street: From the North right-of-way line of Knapp Road ja
Northerly to the South right-of-way line of Robinson Drive, aEC
approximately 1275'. (Clear Creek Estates Section II.), /69015
Cy
Robinson Drive: From the East right-of-way line of Union.
Valley Drive Easterly and Southerly to the North right-of-way
of Glastonbury Drive, approximately 2100'. (Twin Creek Woods
Subdivision).
Union Valley Drive: From the Northerly right-of-way line of
Knapp Road Northerly approximately 1500' to the end of Union
Valley Drive. (Cul-de-sac adjacent to Lot 5, Block 2, Twin
Creek Woods Subdivision.)
II.
It is hereby ordered that such hereinabove:'named streets and
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 streets, where neces-
sary, so as to attain a paved width on the portion of Robert Street,
Nancy Street, Robinson Drive, and Union Valley Drive, 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 contruction of an
adequate asphalt wearing surface on adequate base; which base and
surface, as well as all of such other improvement to be made, shall
be of such nature and type of construction in each particular unit
1
of improvements as shown in the Plans and Specifications prepared by
the City Engineer.
III.
In providing for and making the improvements hereby ordered,
the City Council of the City of Pearland deems it advisable and here-
by 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 owner's portion of the cost of such improvemets, 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 streets named above, and against the real and true owners there-
of, 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 amounts 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 improvement" 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.
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 firstand prior Ilien from this
date forward upon such properties, which lien shall be prior to all
other liens and claims execept 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 amount 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 assessments when due, reasonable attorney's fees
and costs 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 corporations 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 levied shall in no wise affect or impair
the validity of the assessments against the other abutting properties.
D. In any case where valid assessments may not be levied against
abutting property and the ownerthereof 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 opti n 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 avail-
able, 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, hereto-
fore prepared by the City Engineer of the City of Pearland, and:now
on file in the offices of the 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, how-
ever, authorize the Director of Public Works to rent equipment,
employ adequate labor, and complete any portion of the project or the
entire project without letting a contract to a private contractor;'_,.
so long as the City Charter and State law requirements for bid on the
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 the 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 dbrtified copy
with the County Clerk of Brazoria County, Texas, for 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 wages in the locality of the City of Pearland for
each craft or type of workman or mechanic needed to perform and con
stuct 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 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
r•
approval upon second and final reading.
PASSED AND APPROVED on FIRST reading this
A. D. 1973.
Attest:
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City Secreta
O
day of G[
Mayor, City of Pearland
PASSED AND APPROVED on SECOND and FINAL reading this
day of A. D. 1973.
Attest:
City Secretary
Effective Date:
Mayor, City of Pearland, Texas
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