Ord. 0492 05-28-85ORDINANCE NO. 492
AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS
ACCEPTING STREET IMPROVEMENTS ON SOUTH GALVESTON
STREET FROM THE SOUTH RIGHT-OF-WAY LINE OF F.M.
518 SOUTH TO THE NORTH RIGHT-OF-WAY LINE OF
WALNUT STREET; DECLARING AMOUNTS OF ASSESSMENT
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. 468 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 South Galveston Street, from
the south right-of-way line of F.M. 518 south to the north
right-of-way line of Walnut Street, a distance of 1,265 feet,
more or less, with a 28 foot concrete curb and gutter section from
F.M. 518 to near Pear Street, and a 41 foot concrete curb and
gutter section from near Pear Street to Walnut Street, 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 South Galveston Street, 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 South Galveston Street, which were $56.29 per
linear foot (for the 28 foot wide section), $69.84 per linear foot
(for the portion of the street between 28 feet and 41 feet wide)
and $83.39 per linear foot (for the 41 foot wide section); 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 South Galveston Street 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
assessments to comport the same in accordance with Article 1105b,
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 South Galveston Street 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, allstreet 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:
South Galveston Street, from the south
right-of-way line of F.M. 518 south to the
north right-of-way line of Walnut Street,
a distance of 1,265 feet, more or less,
-2-
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 South Galveston Street described hereinabove where such
improvements have been completed shall be, and the same are hereby
assessed in the amount of $25.09 per front foot (linear foot) of
abutting property where the street is 28 feet wide; $29.84 per
front foot (linear foot) of abutting property where the street is
between 28 feet and 41 feet wide; and $35.76 per front foot (linear
foot) where the street is 41 feet wide; and,
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 assessments by reason of
the street improvements herein described.
Section 5.
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.
-3-
Section 6.
If any section, subsection, sentence, clause, phrase,
or portion of this Ordinance is for any reason held invalid or
unconstitutional
portion shall be
by any court of competent jurisdiction, such
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
of Pearland, Texas at least
passage on second and final
the official newspaper of the City
once within ten (10) days after its
reading. This Ordinance shall then
become effective immediately upon such
Section 8.
It is the intent of the City
Pearland,
publication date.
Council of the City of
Texas that this Ordinance shall not be codified into
the City Code of Ordinances.
PASSED AND APPROVED ON FIRST READING this the
day of
ATTEST:
City $'ecretary
VOTING RECORD
Voting "Aye"
Councilman
Voting "No"
/3
(FIRST READING) MAY 13, 1985
- Councilman Gray, Councilman Bost,
Tetens, and Councilman Lentz.
- None
PASSED AND APPROVED ON SECOND AND FINAL READING this
they day of
ATTEST:
City Secretary
APPROVED AS TO FORM:
Mayor, City of Pearland, Texas
VOTING RECORD (SECOND READING) MAY 28, 1985
Voting "Aye" - Councilman Lentz, Councilman Tetens,
Councilman Bost, Councilman Frauenberger, and
Councilman Gray.
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-
EXHIBIT "A"
TOTAL ASSESSMENT
WH
<4W
Ha
00
O !4
w a
E C7
zz
O
Fri
• F
am
O • w
A
LEGAL DESCRIPTION
PROPERTY OWNER
* U.S. Postal Service
$12,873.60
21,456.00
11,917.75
co
Tr r- co co
O 00 co h M
CO ri Cr) t- 00
6) N di ri N.
N N N d CO
0 0 0 0 N 0 0 0
O O 0 0 Vi 0 0 N
O O u() 00 00 t` 0 0)
CO 0 t- r-I 00 O) Vi 00
co CO di r-1 ri r-I
thru 48, Block 25, Old Pearland Town Site
co
CA
0
a
Morrison
0
)
m
Thomas P. Alexander
Old Pearland Town Site
Block 24,
•
f r r+
0
+� O 0
U ri r1
O i•> •I•>
U] U U
0
0)
U
▪ U
U
o x x
ri U U
al N.
• rO•I N. T H � r1 <V
ri CO ri Pa ri q ri
ri) v+�
6 CUd 6Ucd0
0
I CI rrI cd cd cd
HI $i ri Li I Fi Fi
C) +) U +' q +> q +P
U) U1 U1 co
O <4 00
Od +N•>6
a a a 0
a
U) 0 CO 0 CO 0 0)
0)D 0 CD CO
H Pi Fi H Pi Pi 0) Pi
0 0 0 0 cd 0 Si 7
O cdO cd O] 00 O] 0O)
u) 023 N 00 in c0 0) 023
+) NM flk4' CO01 •'Si
O •C) •C) •C) OC)
a O <4 O d' O < r+ d'
Thomas P. Alexander
Delta Savings
Nelson Estate
k* Freddy R. Cessac
Section 1,
Freddy R. Cessac
(excludes 60' of intersection).
0)
r4
ri
ar
0
4)
+)i-,
0) 0) -
0) 0) 00
Pi Pi
+) +)
CO CO 0
0
0) 0) -i
9-1 iH
•c-aw
3 3 +)
0
- 0)
CO ri
N V +>
U1
C C
O 0
U1 0)
Pi Pi
0) 0)
3 • 3
O O
A A A
Pi Pi Pi
O 0 0
0 O 0
Li Pi fi
aaa
owner on
EXHIBIT "
W F
O x
6W
Ea
00
O a
wa
Ft
zz
O H
fY F
w E
p
aw
O w
El
LEGAL DESCRIPTION
PROPERTY OWNER
Silver Maples Apartments