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Ord. 0493 05-28-85ORDINANCE NO. 493 AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS ACCEPTING STREET IMPROVEMENTS ON LIBERTY DRIVE, FROM THE SOUTH RIGHT-OF-WAY LINE OF F. M. 518 SOUTH TO SHADYBEND; DECLARING AMOUNTS OF ASSESS- MENT AGAINST PROPERTIES ABUTTING SAID STREET IMPROVEMENTS AND THE OWNERS THEREOF AND LEVYING THE SAME; FINDING AND DETERMINING THE SPECIAL BENEFITS TO AND THE ENHANCEMENT OF VALUE TO SUCH ABUTTING PROPERTY BY REASON OF SAID STREET IMPROVEMENTS; HAVING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION AND AN EFFECTIVE DATE; HAVING OTHER PROVISIONS RELATING TO THE SUBJECT. WHEREAS, Ordinance No. 467 of the City of Pearland, Texas effective on or about the 27th day of February, 1984, declared the necessity for and ordered the paving and street improvements of and to portions of Liberty Drive, from the south right-of-way line of F. M. 518 south to Shadybend, a distance of 1,550 feet, more or less, 41 feet from back of curb to back of curb, with drainage improvements and sidewalk; and, WHEREAS, an Engineer's Cost Estimate was caused to be prepared by the said City, and in fact was prepared by James D. Snowden, P.E., Ph.D., Civil Engineer, for such street improvements upon Liberty Drive, which Cost Estimate was received and ratified by the City Council on behalf of the City of Pearland, Texas on or about the 8th day of March, 1984; and, WHEREAS, the abovesaid street improvements were performed, constructed and have been completed in accordance with the drawings and specifications prepared for the City of Pearland, Texas by the abovesaid Civil Engineer and his associates; and, WHEREAS, after such work was completed, said Engineer submitted to the City proposed 90% assessment rates for abutting property along Liberty Drive, which was, $73.48 per linear foot; and, WHEREAS, on or about the 18th day of March, 1985, a public hearing was convened, after due notice to all abutting property owners and interested parties, by the City of Pearland, Texas acting by and through its City Council, at which public hearing all abutting property owners and interested parties were given an opportunity to be heard and present evidence relating to the special benefits to such property by means of the street improvements to Liberty Drive and all matters related to such street improvements, and at which public hearing there was evidence presented on behalf of the said City of Pearland, Texas, in support of and showing enhancement and special benefits at least in the amount of the proposed linear foot assessment, which public hearing was continued until finally closed by Ordinance by the said City Council, on or about the 8th day of April, 1985; and, WHEREAS, at a regular meeting held April 22, 1985, the said City Council restated its policy for such street paving assess- ments to comport the same in accordance with Article 11o5b, V.T.C.S., and instructed the City Attorney to prepare this Ordinance; and, WHEREAS, at such regular meeting, the said City Council determined that it would not assess abutting property along the said portions of Liberty Drive or the owners thereof for sidewalks, storm sewers, improvements at intersections, utilities relocation or engineering services based solely upon those items; NOW,THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS; Section 1. THAT, all street improvements, including but not limited to removal and disposal of pre-existing asphalt pavement, excavation, subgrading, grading, concrete curb and gutter paving, installation of storm sewer, installation of sidewalk, and all necessary and related improvements upon the following street: Liberty Drive, from the south right-of-way line of F. M. 518 south to Shadybend, a distance of 1,550 feet, more or less, are hereby declared to be and are, in all respects, fully completed according to specifications and in all things ACCEPTED by the City Council on behalf of the City of Pearland, Texas. Section 2. THAT, all abutting property owners along the portions of Liberty Drive described hereinabove where such improvements have been -2- completed shall be, and the same are hereby assessed in the amount of $30.98 per front foot (linear foot) of abutting property. THAT, insofar as allowed by law, a lien is hereby created against all such abutting property in the amount of such assessments and the owner or owners thereof are hereby declared to be personally liable for the payment of such assessments. Section 3. THAT, the aforementioned assessments are hereby, in all things, levied against such abutting properties and their owners. Section 4. THAT, it is hereby found and determined by the City Council of the City of Pearland, Texas, that each of the properties listed on the attached Exhibit "A", made a part hereof by reference for all intents and purposes, has been enhanced in value and has received special benefits in an amount at least equal to the abovesaid assess- ments by reason of the street improvements herein described. Section S. THAT, it is further found and determined by the City Council of the City of Pearland, Texas that the properties listed on the attached Exhibit "B", made a part hereof by reference for all intents and purposes, have not been enhanced in value by and have not received any special benefit from the abovesaid street improvements, and, therefore, shall not be assessed for those improvements. Section 6. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconsti- tutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions thereof. Section 7. The City Secretary shall cause this Ordinance, or its caption, to be published in the official newspaper of the City of Pearland, Texas at least once within ten (10) days after its passage on second and final reading. This Ordinance shall then become effective immediately upon such publication date. -3- Section 8. It is Texas that this Ordinances. day of ATTEST: the intent of the City Council of the City of Pearland, Ordinance shall not be codified into the City Code of PASSED AND APPROVED ON FIRST READING this the xtu,c4,. City Secretary , A.D., 1985. /3 Mayor, City of Pearland, Texas VOTING RECORD (FIRST READING) MAY 13, 1985 Voting "Aye" - Councilman Lentz, Councilman Tetens, Councilman Bost and Councilman Gray. Voting "No" - None PASSED AND APPROVED ON SECOND AND FINAL READING this €21 _ day of , A.D., 1985. ATTE$1 City Secretary APPROVED AS TO FORM: Mayor, City of Pearland, the Texas VOTING RECORD (SECOND READING) MAY 28, 1985 Voting "Aye" - Councilman Gray, Councilman Frauenberger, Councilman Bost, Councilman Tetens, and Councilman Lentz. Voting "No" - None PUBLICATION DATE: JUNE 5, 1985 EFFECTIVE DATE: JUNE 5, 1985 PUBLISHED AS REQUIRED BY SECTION 3.10 OF THE CHARTER OF THE CITY OF PEARLAND, TEXAS. -4-