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Ord. 0245 02-26-73ORDINANCE NO. 245 AN ORDINANCE DECLARING THE NECESSITY FOR AND ORDERING THE PAVING AND IMPROVEMENT OF PORTIONS OF FRANCES DRIVE, TAYLOR LANE, McGINNIS DRIVE, CITY OF PEARLAND, TEXAS; APPROVING PLANS AND SPECIFICATIONS FOR SUCH BORK; AUTHORIZING THE CITY MANAGER TO ADVERTISE FOR BIDS IF NECESSARY; DIRECTING THE PREPARATION OF ESTIMATES; INVOKING AND ADOPTING THE PROVISOONS 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 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 COUNIIL OF THE CITY OF''PEARLAND TEXAS: I. That there exists a public necessity to permanently im- prove the following named streets and the designated portions thereof in the City of Pearland, Texas, within limits herein defined: Frances Drive, from the North Right -of -Way line of F. M. 518 (West Broadway), approximately 1,043 feet Northerly along the center line. of Frances Drive to the South Right -of -Way line of Cherry Street. Taylor Lane, from the East Right -of -Way line of Sleepy Hollow Drive, Easterly to the Westerly property line extended of Lot 6, Block 13; Sleepy Hollow Estates. McGinnis Drive, from the Westerly porperty line extended of Lot 6, Blobk 13; Sleepy Hollow Estates, Southeasterly to the Southeasterly property line extended of Lot 1, Block 17 Sleepy Hollow Estates. Total Street Improvements being approximately 1519 feet. Paving improvements abuts Lot 1 through 10 of Block 13 and Lot 1, Block 17 of Sleepy Hollow Estates. (See attached Exhibit "A") II. It is hereby ordered that such hereinabove named streetsand 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 necessary, so as to attain a paved width on the portion of Frances Drive, Taylor Lane, McGinnis Drive, referred to above of twenty-four (24) feet and by constructing necessary and proper appurtenances and indidentals 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 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 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 indicental 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 provisionsof 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 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. 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 impairthe 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 owner thereof or the City is otherwise unable to finance the construction of improve- ments on any part of the portion of such street to be improved, then such part may be deleted from the street improvement pro- gram 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 post- poned 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 abutt- ing 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 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 por- tion 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 or the entire project without letting a contract to a private contractor, so long as such 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 maount of the costs of each type of kind of such improvements, all in accordance with such. instructionsas 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 certified 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. B. The City of Pearland shall pay all of the remainder of the cost of said improvements after deducting the amounts de- termined 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 inci- dent 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 shallcconstitute a personal affability of the real arid- 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 secur- ing 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 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. IX. It is hereby found and determined that the general pre- vailing 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, sen- tence, 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 upon second and final reading. PASSED AND APPROVED on FIRST reading this ,_2 day of , 1973. ATTEST City Secrete day of )2--e Mayor, City of Pearland, Texas PASSED AND APPROVED on SECOND and FINAL reading this , 1973 kutaiiire Mayor, City of Pearland, Texas City Secretary Effective Date: Lo_ — _2. ' /7 75 CITY OF PEARLAND, TEXAS MINIMUM WAGE SCALE CLASSIFICATION PER HOUR Air Tool Man $ 2.25 Bricklayer 3.00 Carpenter 3.00 Carpenter Helper 2.25 Concrete Finisher 3.25 Concrete Finisher Helper 2.15 Laborer, Common 2.00 Iron Worker 2.75 Pipe Layer 2.25 Utility Man 2.25 Power Equipment Operators Asphalt Distributor 2.50 Asphalt Paver 3.50 Bulldozer 3.00 Crane 3.50 Front End Loader 3.50 Motor Grader 3.25 Roller, Steel Wheel 3.25 Roller, Pneumatic 2.25 Scraper 3.25 Gradall 3.00 Tiller 2.50 Oiler 2.25 Welder 3.25 Welder Helper 2.25 „ V II ZIBIHXa