Ord. 0239 10-09-72ORDINANCE NO. 239
AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, CLOSING
THE HEARING ON SPECIAL ASSESSMENT AGAINST THE OWNERS
OF CERTAIN REAL PROPERTY ABUTTING CERTAIN PCRTICNS OF
ROBINSON DRIVE WITHIN THE CITY OF PEARLAND, TEXAS;
FINDING AND DETERMINING THE SPECIAL BENEFITS TO EACH
PARCEL OF ABUTTING PROPERTY AND THE ENHANCEMENT OF
VALUE OF EACH PARCEL OF ABUTTING PROPERTY BY REA.SCN
OF THE CCNSTRUCTICN OF IMPROVEMENTS 7O SAID PORTICNS
OF SAID PURT.TC STREETS; DECLARING THE AMOUNT OF
ASSESSMENT AGAINST SAID ABUTTING PROPERTIES AND
LEVYING SAME AGAINST SAID PROPERTIES, AND DECLARING
AN EFFECTIVE DATE.
WHEREAS, by Ordinance No. 228, passed and enacted on the loth day of
January, 1972 and the 24th day of January, 1972 respectively, the City of
Pearland, Texas, acting by and through the City Council of the City of
Pearland, Texas, declared anpublic necessity to permanently improve the
following named streets and the designated portions thereof in the City of
Pearland, Texas, within the limits herein defined, by graing and paving or
permanently repairing or repaving the same and/or by eructing curbs and
gutters and Sidewalks where there are no existing curbs and gutters and
sidewalks, and where necessary by reconstructing and realigning existing curbs
and gutters and sidewalks; and by widening said portions of said streets,
where necessary, so as to attain a paved width of twenty-four (24) feet; and
by constructing necessary and proper appurtenances and incidentals to such
improvements, including drains and culverts. Said designated street or potions
thereof described as follows:
ROBINSON DRIVE, from the West right-of-way line of
Union Valley Street 1124.64 feet Westerly and North -
Westerly along the center line of Robinson Drive to
a point.
WHEREAS, the City Council of the City of Pearland has c-used to be
prepared an estimate of the cost of such improvements, which estimate has
been prepared and filed by the City Engineer showing the estimated cost of
such improvements to be $6,957.32 Dollars and the estimated amount to be assess-
ed against the owners of the abutting property, to be $2.00 per property or
front foot.
WHEREAS, the City Council of the City of Pearland, Texas, at the
time of the enaction of Ordinance No. 228 on January 10, 1972, and January
24, 1972, ordered a hearing to be given to the owners of abutting property
on said portions of said public street in accordance with law, notice of which
has been published three times in the official City newspaper, the Sun Pi Less,
a newspaper of general circulation within the City, with the date of the first
publication having been made more than twenty-one days prior to Septarber 12,
1972, the date of hearing, all in accordance with law; and
WHEREAS, the hearing ordered has been held before the said City
Council in Council Chambers at the City Hall in Pearland, Texas, beginning at
7:30 P.M. on September 12, 1972, at which time all owners of abutting property
or any interests therein, were given the right and opportunity to be heard on
any matter concerning the amount of the proposed assessments, the lien and
liability thereof, the special benefits to the abutting property and owners
thereof by means of the improvements, the accuracy, sufficiency, regularity
and validity of the proceedings and contract in connection with such improve-
ments and any other matter material to the assessment program; and
WHEREAS, it having been determined that additional written notices
of said hearing had been given the owners of abutting property by the City
Secretary depositing in the United States Mail, at a time more than fourteen
days before the date of the hearing, a true and correct copy of the published
notice of such hearing, postage prepaid, in an envelope addressed to the
goners of the respective properties abutting such pbblic streets and portions
thereof to be improved, as the names of such owners were sham on the then
current rendered Tax Polls and the address so sham, or on the current unrender-
ed rolls of the City where such names or addresses were not sham on the
rendered rolls, said notices, both written and published, having been found
to describe in general terms the nature of the improvements and the public
streets and portions thereof to be improved and having been found in all other
respects to comply with the requirements of law; and
WHEREAS, the City Council of the City of Pearland has found that the
fron# foot plan or rule is just and equitable in regard to each portion of
abutting property and that the amount per front foot assessed herein is just
and equitable in view of the special benefits in enhanced value to be received
by such abutting parcels of property and the goers thereof, said amount apr.
portioned having been found to produce a substantial equality of benefits
received and burdens imposed as to each parcel of such abutting property and
each owner thereof, the amount of such assessment being less than the
special benefits in enhanced value to be received by such parcels of property
and the owners thereof; and
WHEREAS, the City Council hereby finds that all legal and Constitutional
prerequistites to fixing of assessment liens against the properties hereinafter
listed and the fixing of personal liabilities of the respective owners thereof
have been complied with;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS:
I
That the public hearing before the City Council of the City of Pearland,
Texas, on the proposed assessment against abutting properties for a portion
of the costs of improvanents ordered in Ordinance No. 228 is hereby closed,
and the City Council hereby finds th&t each and every parcel of property
abutting on the portions of public streets within the City of Pearland, Texas,
hereinabove set out will be enhanced in value and specially benefited in an
amount in excess of the amount assessed herein against each of said parcel of
property and against the real and true owners thereof.
2
The City Council of the City of Pearland finds and declares that all
proceedings with reference to the construction of such improvements and the
fixing of assessment liens and creation of personal liabilities on the part
of property owners have been accomplished in such a manner so as to fully
comply with all legal, Constitutional and equitable requirements; that all
property rimers have been given a full and fair hearing;; that the amount
to be assessed against such abutting properties does not exceed 9/10ths of
the estimated costs of the improvements ordered by Ordinance No. 228; and the
amount assessed herein is such that will produce a substantial equality of
benefits received and burdens imposed by and upon the abutting properties
and the owners thereof and that in each instance the amount assessed herein
is less than the special benefits to such abutting properties by reason of
the enhancement of value of said abutting properties caused by the construction
of the street improvements ordered.
In pursuance of the proceedings heretofore adopted and passed by the
City Council of the City of Pearland relating to the improvements of said
streets and avenues in the said City of Pearland, particularly Ordinance No.
228, the estimates, reports, lists and statements of the City Engineer, and
the notices and hearing aforesaid; and by virtue of the powers conferred
and contained in Acts 1927 of the 40th Legislature of the State of Texas
First Called Session. Cher 106, Page 489, as amended, otherwise ]mown as
Article 1105b of the Revised Civil Statutes of Texas, asses u nt shall be and
are hereby levied and assessed against the properties abutting upon said
portions of said streets and avenues and against the real and true owners
thereof; said properties, the owners and the amounts so assessed being as
stated on the pages immediately following;
3
Said several amounts, together with interest and all expenses of
collection, including reasonable attorney's fees, if incurred, shall be and
the same are hereby declared to be secured by a first and prior lien on and
against said respective abutting properties; and said amounts so assessed,
together with said other items, shall be and the same are hereby declared
personal liabilities and charges against the true owners of said properties
respectively, whether named or not, as provided in Article 1105b of the
Re*ised Civil Statutes of Texas; and such assessments shall be collectible
with interest, expenses of collection and reasonable attorney's fees, if
incurred, and shall be first and prior liens on the property assessed, superior
to all other liens and claims except State, County, School District and
City ad valorem taxes, and each shall be a personal liability and charged
against the owner or owners of the property assessed.
4.
When the improvements have been completed and have been accepted
by the City of Pearland by ordinance, the amounts herein assessed shall be
due and payable on or before ten (10) days fran the date of such improvenents
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 eight percent (8%) per annum
until paid; in accordance with ORDINANCE NO. 228 duly passed and enacted an
January 10, 1972 and Janua>y 24, 1972 by the City of Pearland, Texas. Provided
however, that the City Council shall have the authority to expressly waive
any default in any particular case where, in the judgment of the City Council,
it would be equitable to do so, but no acts, statanents or representations
of any official or officer of the City of Pearland shall amount to a waiver
of default, and such waiver, in order to be effective and to defer the time
for full payment, must be acknowledged by an instrument of writing approved
by majority vote of the City Council in a Regular or Special Meeting, signed
by the Mayor and attested by the City Secretary.
H. L. Thompson
3519 Robinson
Pearland, Texas 77581
Tony Mistretta
2521 Robinson
Pearland, Texas 77581
Rufus Roland Ross
213 Harkness
Houston, Texas 77022
Calvin L. Cargill
1006 Union Valley
Pearland, Texas
Calvin L. Cargill
1006 Union Valley
Pearland, Texas
PROPERTY OWNER
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PROPERTY DESCRIPTION
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Clear Creek Estates
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Twin -Creek Woods
Twin -Creek Woods
Twin -Creek Woods
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PROPERTY FOOTAGE
ABUTTING IMPROVFMFNT
4A
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$292.72
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TOTAL
ASSESSMENT
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B. L. Northam
3507 Robinson
Pearland, Texas
Melvin L. Black
3115 Robinson
Pearland, Texas
Ford Cummings
5008 Meadowlark
Dickinson, Texas
Mrs. Ruby Partain
3515 Robinson
Pearland, Texas
Jeffrey Arnold Moody
814 Alixda
Houston, Texas
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PROPERTY DESCRIPTION
LOT 1 BLOCK
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Clear Creek Estates. 100.00 $200.00
Clear Creek Estates
Clear Creek Estates
Clear Creek Estates
Clear Creek Estates
100.00
100.00
100.00
100.00
PROPERTY FOOTAGE
ABUTTING IMPROVFMFNT
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UNIT NO. Robinson Drive
11021 SIH33NI9N3
Nathan Carston
8301 John
Houston, Texas
Michael J. Helfrich
1101 Bobby Street
Pearland, Texas
Michael J. Helfrich
1101 Bobby Street
Pearland, Texas
B. L. Northam
3507 Robinson
Pearland, Texas
B. L. Northam
3507 Robinson
Pearland, Texas
PROPERTY OWNER
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PROPERTY DESCRIPTION
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Clear Creek Estates
Clear Creek Estates
Clear Creek Estates
Clear Creek Estates
SUBDIVISION
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PROPERTY FOOTAGE
ABUTTING IMPROVFMFNT
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$150.06
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TOTAL
ASSESSMENT
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Albert P. Poston
3518 Robinson
Pearland, Texas
' Rodolfo Salis
3516 Robinson
Pearland, Texas
Bendel S. Rushing
3514 Robinson
Pearland, Texas
G. H. Morton
2117 Chestnut
Pasadena, Texas
Joe Crenshaw
2929 Iola
Houston, Texas
PROPERTY OWNER
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PROPERTY DESCRIPTION
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Clear Creek Estates
Clear Creek Estates
Clear Creek Estates
SUBDIVISION
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PROPERTY FOOTAGE
ABUTTING IMPROVFMFNT
$164.04
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TOTAL
ASSESSMENT
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TOTAL CONSTRUCTION COST
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Administrative, & Eng. Cost
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EQUIPMENT AND MANPOWER
S.S03 1VI213IVW
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Robinson
Drive
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*(1124.64 Lin. ft.)
Union
Valley Dr.
T
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Robert
Street
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$3.093
COST PER
PROPERTY FT.
OF STREET
2,070.89 ft.
PROPERTY FOOTAGE
BUTTING IMPROVE-
MENT
Eft
WNER ASSESSMENT
RATE PER PROPERTY
FOOT
0
O
$ 4,141.78
(59.5% of cost)
PROPERTY OWNERS
COST
$2,815.54
(40.5% of cost)
CITY'S COST
ABOVE ASSESSMENT
$ 6,957.32
TOTAL CONSTRUCTION
COST
STREET IMPROVEMENT COST DISTRIBUTION
That this ordinance shall be effective after its passage and
approval on second and final reading.
PASSED AND APPROVED THIS 12 DAY OF September
1972.
ATTEST:
City Secretary
)la
MAYOR, City of Pearland, Texas
PASSED AND APPROVED ON. FIRST READING AT A RESULAR MEETING OF THE CITY
COUNCIL ON 25 DAY OF September , 1972.
MAYOR, City of Pearland, Texas
PASSED AND APPROVED ON SECOND AND FINAL READING AT A RE ULAR MET'flNG OF
THE CITY COUNCIL ON 7 DAY OF 12 <.�C: l L,ii , 1972.
)/2
MAYOR, City of Pearland, Texas
ATTEST: