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Ord. 0228 01-24-72ORDINANCE NO. ,2 2-1 AN ORDINANCE DECLARING THE NECESSITY FOR AND ORDERING THE PAVING AND IMPROVEMENT OF PORTIONS OF ROBINSON 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 STATUES; PROVIDING THE MANNER IN WHICH AND BY WHOM THE COST OF SUCH IMPROVEMENTS SHALL BE PAID„ AWAO- VIDING FOR THE ASSESSMENT OF A OF S"`UCR` 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: I. That there exists a public necessity to permanently im- prove the following named streets and the designated ipr^ na thereof in the City of Pearland, Texas, within the limits herein defined: /4si!,er+- Dn'c- -Crow. A/ (Znca>L,n<-.Ca^`S' a_ C Gd .,ao= r . L f e West Right -of -Way line of Union VAlley�l 20 4fee�}yr a,nd No - -Irteran '' enie! a of Drive to -a--peen t . rQ—�---� c� 2. oui, _It is hereby ordered that such hereinabove aG and thereof within the limits herein 0 (' named street described shall be improved by grading and paving or permanently repairing or re- paving the same and/or by constructing curbs and, gutters and sidewalks where there are 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 protion of Robinson 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 theconstruction 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 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 ad- visable 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 indidental 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 provisions of which Statue are hereby incorporated by reference for all appro- priate 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 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 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 df 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. 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 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 beimproved 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 Ordi- nance. 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 assess- ment, 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 beassessed 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 owner thereof or the City is otherwise unable tofinance 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. 6. 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. 7. The City Manager is hereby authorized toadvertise 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 Ptarland 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 bids on thework are complied with. Prior to the beginning of anyconstruction 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 esti- mate of the total cost of the improvements herein ordered, and the total amount of the. cost .of each type or kind .of such improve- ments, 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 a City of Pearjand.. No con- struction may , 'rr-vrrr1 Tsuch 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 byhim 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 thecreation and existence of the assessment liens herein created. 9. 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 for legal holidays and overtime work is the rate indicated as such in said .Schedule. 10. The City Council .of .the City of Pearl and, Texas, does hereby declare that if any section, sub -section, paragraph, sen- tence, clause, phrase, woryor portion of this ordinance is declared invalid or unconstitutional, bya court of competent jurisdiction, that in such :event it would have passed and ordained any and all remaining portions .of this ordinance without the in- clusi.on of that protion 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. 11 That this ordinance shall be effectiveafter its passage and approval upon second and, final reading. PASSED AND APPROVED on. FIRST reading this day of , 1972. Mayor, City .of Pearland, Texas ATTEST: City Secretary PASSED AND APPROVED on SECOND and FINAL reading this day .of ,. 1972. Mayor, City of Pearland, Texas ATTEST: City Secretary Effective Date: CITY .OF PEARLAND, TEXAS MINIMUM WAGE SCALE CLASSIFICATION Air Tool Man Bricklayer Carpenter Carpenter Helper Concrete Finisher Concrete Finisher Helper Laborer, Common Iron Worker Pipe Layer Utility Man Power Equipment Operators Asphalt Distributor Asphalt Paver Bulldozer Crane . Front End Loader Motor, grader Roller, Steel Wheel Roller, Pneumatic Scraper Gradall Tiller Oiler Welder Welder. Helper PER HOUR , $2.25 3.00 3.00 2.25 3.25 2.15 2.00 2.75 2.25 2.25 2.50 3.50 3.00 3.50 3.00. 3.25 3.00 2.25 3.25 3.00 2..50 2.25 3.25 2.25