Ord. 0467 02-13-8411/04/98 WED 11:04 FAX 2812820830
COMMON WEALTH
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Rel /t /2 ,..iaORDINANCE NO. 467
AN ORDINANCE DECLARING THE NECESSITY FOR AND ORDERING THE PAVING
Amn'TMPROVENENT OF PORTIONS OF LIBERTY DRIVE. CITY OF PEARLAND,
BRAZORIA COUNTY, TEXAS; APPROVING PLANS ANO 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
STATORS OP TEXAS; PROVIDING THE MANNER IN WHICH AND BY WHOM THIS
COST OF SUCH 1MPn0VEMESTS SHALL BE PAID AND PROVIDING FOR TUE
ASSESSMENT OF A PORTION OF SUCH COSTS AGAINST ABUTTING PROPERTIES
AND THE OWNERS THEREOF; PROVIDING FOR THE TERM OF. PAYMENT OP
SUCH ASSESSMENTS; DIRECTING THE CITY SECRETARY TO CAUSE A CERTIFIED
COPY OF TNIS ORDINANCE TO SE Fan IN THE ORE() OP 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 follows^s streett.and the designated portions thereof
in the City of Pearland, Texas, within the limits herein defined:
LLBIMCY DRIVE, from the LULetaeC;LOn of South Right -of -Way
line of F.M. 518 (East Broadway) 1,561 feet Southwesterly
along the Center line of Liberty Drive pasaLng the intersec-
tion of Shadybend Street to a point.
11.
It Is hereby ordered that such hereinabove named street
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 storm sewer line and curbs and
aidewalka where there arc no axis tins storm sewer l.in4pnd curbs
and sidewalks; and widening said portions of said streets. where
necessary, so as Co attain a paved width. on the portion of Liberty
Drive referred co above of forty (40) feet and by constructing
necessary and proper appurtenances and incidentals to such im-
provements; said paving to Consist of the construction of an
adequate reinforced concrete surface on adequate base; which base
.cud suciace, as well as all of --such other improvements to be
made, shall he of such a nature and type of construction in each
particular unit of improvements as shown in the Plans and Specia-
11/04/98 WED 11:05 FAX 2812820830
COMMON HEALTH
1
DEED
Yo1176Orsu577
MECHANICSLIEN
voi 2tithoE3 i.
cations prepared by Snowden Engineering, City's Consulting'Enoi-
neer,
In providing for and making the improvements hereby
ordered, the City Council of the City of flatland deems it
advisable and hereby elects and determines to proceed under and
by the exercise of the powers. terms and provisions named
Chapter 106 of the Ants of the First Coiled Seaeicn of the 40th
Legislature of the State of Texas, as amended, which is known as
Article 11056 of Vernon's Revised Civil Statutes of Texas, which
is hereby adopted by the City of Pearled -id for all purposes neces-
sary or incidental to the construction of said improvements, end
to t"o levying of spacial assessments fnr the property owner's
portion of the cost of such improvements, and the provisions of
which Statute are hereby incorporated by reference for all appro-
priate purposes as if copied herein. •
) V.
A. A portion othe costs 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 ac cne hearing
provided by said law.
E. 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 tors
"coats" or "costs of the improvement's" or "costs of the remaining
improvements", when such terms are used herein, Engineer's or
1ttorney's fees, if any, and all other costs and expenses incident
to the construction of the improvements.
in
IJ004
11/04/98 WED 11:05 FAX 2812820830
COMMON WEALTH
r) E E D
YUl1760nui578
ttEGHA`N'ICS 7LIEN
VOL .ZUJft FdJZ
V.
A. The amounts payable by abutting properties and
by the real and true nets thereof, and assessed against such
propertiea 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 data for«ard upon such properties, which
lien ahall.be prior to all other liens and claims except those
securing the payment of state, city, school, district. and county
ad valorem taxes.
When the improvements have bean completed and have been
duly accepted by the City of Pearland by ordinance in or as to
any part of same, as defined in such ordinance, the amounts or
costs payable by or assessed against the rcal.nnd true owners and
their properties respectively, in accordance with what Ls known
as the "Front -Foot Plan," in proportion as the frontage of the
property of each owner is to the whnle frontage improved shall be
payable in monthly installments not to exceed Thirty -Six (36) in
number, -the first of which shall be due and payable written thirty
(30) days from the date of the completion of said improvements
and their acceptance by the City of rearland, and one installment
each month chorca£ter until paid, tn8nrher with interest thereon
at the current rate established and adopted by the City Council
'applicable to Public improvement Assessment accounts being paid
by installment and not to exceed the statut.'.7 rate with the
provision that,ant
before maturity by
interest thereon.
of said installments may be ,aid ac any -Arne
the payment. of the principal and the uerued
Any property owner against whom and whose
property an assessment has been levied may pay the whole assessment
chargeable to him without interest within Thirty (30) days after
the acceptance
of any person
and completion of said improvements_ Liven failure
to 'pay said atessaments when due, reasonable
attorney's fees and costs of collection shall also be ?dyable to
the City if incurred in collecting such assessments as well as
11/04/98 WED 11:06 FAT 2812820830
COMMON WEALTH
NECHA.NICS LIEN
vol arum ;Ei53
interest after default nut co exceed the statutory rate until
patd.
8. No asressment shall in any case be made'agaLnat any
abutting property or Om real and tcuc owners thereof in excess
of the special benefits to ar.erue 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
the fact; and if any
rim or corporeeLen,
be unknown, it shall be sufficient to state
property be owned by an estate, or by any
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 ?.iabLe
and the assessment against the property shall be valid whether or
not such Owner Ls uorrcurly named. Aouueements ag.Lnar a,vpr'
parcels of property may be made in ono assessment when owned by
the same person, firm or corporation ar estate, and property
owned jointly by one or more persona, firms or corporations may
be assessed 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 Wire effect 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 there t or the
City is otherwise unable to finance the construction of imptu't-
ments on any part of eha pottLon of inch -street co be improved,
then such part may be deleted fror the street improvements program
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 su,.h parr may be postponed or delayed
until such time as Adequate finances are available, either through
assascmenr or otherwise. In the event such improvements aro
finally and permanently omitted from the street improvefrent
11/04/98 WED 11:07 FAX 2812820830
COMMON WEALTH
M44iA41{CS 1.tEA;
UEE,I] VOL 2UJrok354
vat 1.78f fnt.t 580
program and plan, the lien on propetttea abutting said pare omLttold
ohatl bn released.
VI.
The plans and specifications for all such im;suvesence,
heretafore prepared by the City Consulting Iv,+ne.er and now on
file Ln the offices of the said City are herby in all things,
approved.
VL1.
The City Manager is hereby authorized co advertise for
bids for the improvement work herein described, or far any portion
thereof, et.e advertising, receiving and opening of such bidr co
be as provided by the Chatter of the City of Pearland and by
State law, and as further specified by the City Manager. The
fatty Manager may, however, authorize the Director u£ Public Works
to rent equipment, employ adequate labor, and complete any portion
et the pct./loot or tha enrLre proleet 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. ?riot
to the beginning of any construction for which the CLcy or the
property comers shall pay, the Cicy's Consulting Engineer shall
prepare an't file with the City Council his estimate of the total
cunt 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 nE Pcatiand. No construction may begin
until such estimate has been filed with the City Secretary for
inclusion in the official record. Any of they ditties imposed upon
the City Manager by this Ordinance may be delegated Ly him to the
City Consulting Engineer.
VIII.
The City Secretary is hereby directed to cause co be
11/04/98 WED 11:07 FAT 2812820830 COMMON WEALTH
UEtJ MECHANICS LIEN
voll7Vi1mE581 14. 2(33Pic 355
prepared' a certified copy of this Ordinance -•and --to file said
certified copy with the County clerk of flrazaria County, Texas,
for recording in the peed of Trust Records of said County. uatd
recording shall eve construe' ve notice to the real and true
owners of all property abuctlr..5 the portion of the streets herein
described of the creation and existence of the assessment liens
herein created.
IX. '
The City Council of the City of Pear/and, Texas, does
hereby declare chat 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 nil remainins portions of thin ordinance without the
inclusion of that portion or portions which may be so found to be
unconstitutional or invalid and declares that its intent is to
make no portion of'.thls ordinance dependent upon the validity of
any ocher portion thereof, and chat said remaining portions shall
aunLinue in Lull force and effect.
X.
That this ordinance shall be effective after its passage
and approval upon second and final reading.
PASSED MO APPROVED on FIRST READIii this /5 day
of Gw..A.0.1.. 1984.
G "..THE CITY OF PIARLAND, TEXAS
AIT552:
Kay ,ICrduse
Ainilstant City'Secretafl
_ gee � s,
By.,
J. Reid layor
a
ORDINANCE NO. 467
AN ORDINANCE DECLARING THE NECESSITY FOR AND ORDERING THE PAVING
AND IMPROVEMENT OF PORTIONS OF LIBERTY DRIVE, CITY OF PEARLAND,
BRAZORIA COUNTY, 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 OF TEXAS; PROVIDING THE MANNER IN WHICH AND BY WHOM THE
COST OF SUCH IMPROVEMENTS SHALL BE PAID AND PROVIDING FOR THE
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.
e!
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS:
I.
That there exists a public necessity to permanently
improve the following streets and the designated portions thereof
in the City of Pearland, Texas, within the limits herein defined:
LIBERTY DRIVE, from the intersection of South Right -of -Way
line of F.M. 518 (East Broadway) 1,563 feet Southwesterly
along the Center line of Liberty Drive passing the intersec-
tion of Shadybend Street to a point.
II.
It is hereby ordered that such hereinabove named street
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 storm sewer line and curbs and
sidewalks where there are no existing storm sewer line and curbs
and sidewalks; and widening said portions of said streets, where
necessary, so as to attain a paved width on the portion of Liberty
Drive referred to above of forty (40) feet and by constructing
necessary and proper appurtenances and incidentals to such im-
provements; said paving to consist of the construction of an
adequate reinforced concrete 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 Specifi-
cations prepared by Snowden Engineering, City's Consulting Engi-
neer.
III.
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 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 neces-
sary or incidental 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 Statute are hereby incorporated by reference for all appro-
priate purposes as if copied herein.
IV.
A. A portion of the costs 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 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.
-2-
V.
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
securing the payment of state, city, school, district, and county
ad valorem taxes.
O
When the improvements have been completed and have been
duly accepted by the City of Pearland by ordinance in or as to
any part of same, as defined in such ordinance, the amounts or
costs payable by or assessed against the real and true owners and
their properties respectively, in accordance with what is known
as the "Front -Foot Plan," in proportion as the frontage of the
property of each owner is to the whole frontage improved shall be
payable in monthly installments not to exceed Thirty -Six (36) in
number, the first of which shall be due and payable written thirty
(30) days from the date of the completion of said improvements
and their acceptance by the City of Pearland, and one installment
each month thereafter until paid, together with interest thereon
at the current rate established and adopted by the City Council
applicable to Public Improvement Assessment accounts being paid
by installment and not to exceed the statutory rate with the
provision that any of said installments may be paid at any time
before maturity by the payment of the principal and the accrued
interest thereon. Any property owner against whom and whose
property an assessment has been levied may pay the whole assessment
chargeable to him without interest within Thirty (30) days after
the acceptance and completion of said improvements. 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 assessments as well as
-3-
interest after default not to exceed the statutory rate 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 shallbe 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
be assessed 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 to finance 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 improvements program
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 postponed or delayed
until such time as adequate finances are available, eitherthrough.
assessment or otherwise. In the event such improvements are
finally and permanently omitted from the street improvement
-4-
program and plan, the lien on properties abutting said part omitted
shall be released.
VI.
The plans and specifications for all such improvements,
heretofore prepared by the City Consulting Engineer and now on
file in the offices of the said City are hereby in all things
approved.
VII.
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 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 the work are complied with. Prior
to the beginning of any construction for which the City or the
property owners shall pay, the City's Consulting Engineer 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 Consulting Engineer.
VIII.
The City Secretary is hereby directed to cause to be
-5-
prepared a certified copy of this Ordinance and to file sail
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.
IX.
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 portion 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.
X.
That this ordinance shall be effective after its passage
and approval upon second and final reading.
PASSED AND APPROVED on FIRST READING this day
of , 1984.
THE CITY OF PEARLAND, TEXAS
By:
ATTEST:
Dorothy L. Cook,
City Secretary
Thomas J. Reid, Mayor
ATTEST:
day of
PASSED AND APPROVED on SECOND AND FINAL READING this
, 1984.
THE CITY OF PEARLAND, TEXAS
Dorothy L. Cook,
City Secretary
Effective Date:
By:
Thomas J. Reid, Mayor
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