Ord. 0229 03-13-727
ORDINANCE NO. c7142. /
AN ORDINANCE DECLARING THE NECESSITY FOR AND ORDERING
THE PAVING AND IMPROVEMENT OF PORTIONS OF SHADYCREST
DRIVE, SHADYBEND DRIVE, MARYS CREEK LANE EAST, AND
MARYS CREEK LANE WEST, 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 IMPROVEMENTS SHALL
BE PAID AND PROVIDING FOR 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; 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:
1
That there exists a public necessity to permanently improve the foliowing
named streets and the designated portions thereof in the City of Peariand,.
Texas, within the limits herein defined:
SHADYCREST DRIVE, beginning at the Southerly Right -of -Way line
of F. M. 518 along the center line of Shadycrest Drive a distance
of 2,397.86 feet Southerly to the Northerly Right -of -Way of
Shadybend Drive.
THENCE from the Southerly Right -of -Way Line of Shadybend Drive
Southerly along the center line of Shadycrest Drive a distance
of 1,024.44 feet to the Northerly Right -of -Way Line of Marys
Creek Lane East.
THENCE from the Southerly Right -of -Way of Marys Creek West
Southerly along the center line of Shadycrest Drive a distance
of 875.42 feet to the Southerly property line extended of Lot
3, Block 2 of Shadycrest Subdivision.
SHADYBEND DRIVE, from the Westerly Right -of -Way Line of
Longherridge Street, Westerly along the center line of Shadybend
Drive a distance of 839.41 feet to a point in the Westerly
line of4 Lot 7, Block 9 of the Shadycrest Subdivision extended.
MARYS CREEK LANE EAST, from the Westerly Right -of -Way Line of
Shadycrest Drive extended, Easterly along the center line of
Marys Creek Lane East a distance of 605.11 feet to the Easterly
Right -of -Way Line of Longherridge Drive extended. This line
also being the Westerly Line of Lot 2, Block 8 of Shadycrest
Subdivision.
MARYS CREEK LANE WEST, from the Westerly Right -of -Way Line of
Longherridge Drive, Westerly along the center line of Marys
Creek Lane West a distance of 805.58 feet to a point in the
extension of the Westerly Lot Line of Lot 1, Block 7 of
Shadycrest Subdivision.
2.
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 thereare no existing curbs and gutters and side-
walks; 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 Shadycrest
Drive, Shadybend Drive, Marys Creek Lane East, and Marys Creek Lane West
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 improvementsto be made, shall be of such a nature and type
of construction in each particular unit of improvements as shown in the Plans
and Specifications prepared by the City Engineer.
3.
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 pro-
isions 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 con-
struction 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 ali
appropriate purposes as if copied herein.
4.
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 det-
ermined 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 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 incident to the construction of the improvements.
5.
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 pro-
perties, which lien shall be prior to all other liens and claims except those
securing the payment of state, city, schooldistrict and county advalorem
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 whem•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.
A
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 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 of any parcel or parcels of property upon which
lien may not be levied shall in no wise affect or impair
assessments against the other abutting properties.
D. In any case where valid assessments may not be
property and the owner thereof or the City is otherwise
construction of improvements on any part of the portion
improved, then such part may be deleted from the street
and planand all such improvements in such unit may be
a valid assessment
the validity of the
levied against abutting
unable to finance the
of such street to be
improvement program
eliminated from the
project, at the option of the City, or, at the option of the City, im-
provements 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.
6.
The plans and specifications for all such improvements, heretofore pre-
pared 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.
7.
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 hand 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 bids 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 cost 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.
8.
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.
9.
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 for legal holidays and overtime work is the rate indicated
as such in said Schedule.
10.
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
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.
11.
That this ordinance shall be effective after its passage and approval upon
second and final reading.
PASSED AND APPROVED on FIRST reading this 01Zt day ofc—Li,wa.,
A. D. 1972.
Mayor, Cit, of Pearland, Texas.
ATTEST:
CIA)
City Secretary
PASSED AND APPROVED on SECOND and FINAL reading this /3 day of
tii
A. D. 1972.
Mayor, Ci y of Pearland, Texas
ATTEST:
r4(�-s "Y
City Secretary
Effective Date: <j 43-7,z,
•
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 3.00
Motor grader 3.25
Roller, Steel Wheel 3.00
Roller, Pneumatic 2.25
Scraper 3.25
Gradall 3.00
Tiller 2.50
Oiler 2.25
Welder 3.25
Welder Helper 2.25