Ord. 0390 11-13-78PASSED AND APPROVED ON FIRST READING this t3 day of
MAYOR
ATTEST:
CITY SECRETARY
PASSED AND APPROVED ON SECOND AND FINAL READING this
, A. D., 1978.
MAYOR
ATTEST":
CITY SECRETARY
EFFECTIVE DATE : ,/ — oZ 7 — 7cP
day of
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ORDINANCE NO. 390
AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, CLOSING THE
HEARING ON SPECIAL ASSESSMENT AGAINST THE OWNERS OF CERTAIN
REAL PROPERTY ABUTTING CERTAIN PORTIONS OF GALVESTON AVENUE
WITHIN THE CITY OF PEARLAND, TEXAS, FINDING AND DETERMINING
THE SPECIAL BENEFITS TO EACH PARCEL OF ABUTTING PROPERTY AND
THE ENHANCEMENT OF VALUE OF EACH PARCEL OF ABUTTING PROPERTY
BY REASON OF THE CONSTRUCTION OF IMPROVEMENTS TO SAID PORTIONS
OF SAID PUBLIC STREET; DECLARING THE AMOUNT OF ASSESSMENT
AGAINST THE SAID ABUTTING PROPERTIES, AND DECLARING AN
EFFECTIVE DATE.
WHEREAS, by Ordinance No. 363 passed and enacted on the 8th day of
August, 1978 and the 22nd day of August, 1978, respectively, the City of Pearland,
Texas, acting by and through the City Council of the City of Pearland, Texas,
declared a public necessity to permanently improve the following named street and
designated portions thereof in the City of Pearland, Texas, within the limits
herein defined, by grading and paving or permanently repairing the same and/or by
constructing curbs and gutters and sidewalks where there are no existing curbs
and gutters and sidewalks, and where necessary, by reconstructing and realigning
existing curbs and gutters and sidewalks; and by widening said portions of said
street, where necessary, so as to attain a paved width of twenty (20') feet; and
by constructing necessary and proper appurtenances and incidentals to such
improvements, including drains and culverts. Said designated street or portions
thereof described as follows:
GALVESTON AVENUE - From the South right-of-way line of Pear
Street southerly along the centerline of Galveston Avenue to
the North right-of-way line of Walnut Street, a distance of
approximately 600 feet.
WHEREAS, the City Council of the City of Pearland has caused to be
prepared an estimate of the cost of such improvements, which estimate has been
prepared and filed by the City Engineer showing the estimated cost of such
improvements to be $4,301.08 and the estimated amount to be assessed against the
owners of the abutting property to be $2.00 per property front foot; and
WHEREAS, the City Council of the City of Pearland, Texas, as the time
of the enaction of Ordinance No. 363 on August 8, 1978 and August 22, 1978,
ordered a hearing to be given to the owners of abutting property on said portions
of said public street in accordance with law notice of which has been published
three times in the official newspaper, the Journal, a newspaper of general
circulation within the City, with the date of the first publication having been
made more than twenty-one days prior to November 13, 1978, the date of the
hearing, all in accordance with law; and
WHEREAS, the hearing ordered has been held before the said City Council
in the Council Chambers at the City Hall in Pearland, Texas, beginning at 7:30 P.M.
on November 13, 1978 at which time all owners of abutting property or any interests
therein were given the right and opportunity to be heard on any matter concerning
the amount of the proposed assessment, the lien and liability thereof, the special
benefits to the abutting property and owners thereof by means of the improvements,
the accuracy, sufficiency, regularity and validity of the proceedings and contract
in connection with such improvements and any other matter material to the assessment
program; and
WHEREAS, it having been determined that additional written notices of
said hearing had been given the owners of abutting property by the City Secretary
depositing in the United States Mail, at a time more than fourteen days before
the date of the hearing, a true and correct copy of the published notice of such
hearing, postage prepaid, in an envelope addressed to the owners of the respective
properties abutting such public street and portions thereof to be improved, as the
names of such owners were shown on the then current rendered Tax Rolls and the
address so shown, or on the current unrendered rolls of the City where such names
and addresses were not shown on the rendered rolls, said notices, both written
and published, having been found to describe in general terms the nature of the
improvements and the public street and portions thereof to be improved and having
been found in all other respects to comply with the requirements of law; and
WHEREAS, the City Council of the City of Pearland has found that the
front foot plan or rule is just and equitable in regard to each portion of abutting
property and that the amount per front foot assessed herein is just and equitable
in view of the special benefits in enhanced value to be received by such abutting
parcels of property and the owners thereof, said amount apportioned having been
found to produce a substantial equality of benefits received and burdens imposed
as to each parcel of such abutting property and each owner thereof, the amount of
such assessment being less than the special benefits in enhanced value to be
received by such parcels of property and the owners thereof; and
WHEREAS, the City Council hereby finds that all legal and Constitutional
prerequisites to fixing of assessment liens against the properties hereinafter
listed and the fixing of personal liabilities of the respective owners thereof
have been complied with;
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NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS:
That the public hearing before the City Council of the City of Pearland,
Texas, on the proposed assessment against abutting propertiesfor a portion of
the costs of improvements ordered in Ordinance 363 is hereby closed, and the City
Council hereby finds that each and every parcel of property abutting on the
portions of public street within the City of Pearland, Texas, hereinabove set out
will be enhanced in value and specially benefited in an amount in excess of the
amount assessed herein against each of said parcel of property and against the
real and true owners thereof.
II.
The City Council of the City of Pearland finds and declares that all
proceedings with reference to the construction of such improvements and the fixing
of assessment liens and creation of personal liabilities on the part of property
owners have been accomplished in such a manner so as to fully comply with all
legal, constitutional and equitable requirements; that all property owners have
been given a full and fair hearing; that the amount to be assessed against such
abutting properties does not exceed 9/10ths of the estimated costs of the improve-
ments ordered by Ordinance No. 363; and the amount assessed herein is such that
will produce a substantial equality of benefits received and burdens imposed by
and upon the abutting properties and the owners thereof and that in each instance
the amount assessed herein is less than the special benefits to such abutting
properties by reason of the enhancement of value of said abutting properties caused
by the construction of the street improvements ordered.
In pursuance of the proceedings heretofore adopted and passed by the
City Council of the City of Pearland relating to the improvements of said street
in the said City of Pearland, particularly Ordinance No. 363, the estimates,
reports, lists and statements of the City Engineer, and the notices and hearing
aforesaid; and by virtue of the powers conferred and contained in Acts 1927 of
the 40th Legislature of the State of Texas First Called Session, Chapter 106,
Page 489, and amended, otherwise known as Article llOSb of the Revised Civil
Statutes of Texas, assessments shall be and are hereby levied and assessed
against the properties abutting upon said portions of said street and against the
real and true owners thereof; said properties, the owners and the amounts so
assessed being as stated on the pages immediately following:
ENGINEER'S ROLL
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ABSTRACT 147
OLD TOWNSITE
PROPERTY OWNER 1 PROPERTY DESCRIPTION
LOT BLOCK
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Part of Tract
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LOU NINMIONS, TRUSTEE
10333 Northwest Freeway
Suite # 108
Houston, Texas 77092
C. H. ALEXANDER ESTATE
P. 0. BOX 65
Pearland, Texas 77581
STREET IMPROVEMENT COST DISTRIBUTION
TOTAL CONST'UCTION
COST
1,349 $2.00 $2,698.00 $1,603.08 $4,30 .08
CITY'S COST
ABOVE ASSESSMENT
PROPERTY OWNERS
COST
COST PER PROPERTY FOOTAGE OWNER ASSESSMENT
UNIT FROM TO PROPERTY FT. ABUTTING IMPROVE -RATE PER PROPERTY
OF STREET MENT FOOT
O1
r1
•
WALNUT
STREET
APPROXIMATELY 600 ft.
PEAR
STREET
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AVENUE
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CITY OF PEARLAND='ORDINANCE NO. 363
OF WALNUT ST.)
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122
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(18' Pave. .& 20' Base)
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Prepared and Certified By:
III.
Said several amount, together with interest and all expenses of
collection, including reasonable attorney's fees, if incurred, shall be and the
same are hereby declared to be secured by a first and prior lien on and against
said respective abutting properties; and said amounts so assessed, together with
said other items, shall be and the same are hereby declared personal liabilities
and charges against the true owners of said properties respectively, whether
named or not, as provided in Article 1105b of the Revised Civil Statutes of Texas;
and such assessments shall be collectible with interest, expenses of collection
and reasonable attorney's fees if incurred, and shall be first and prior liens on
the property assessed, superior to all other liens and claims except State, County,
School District, and City Ad Valorem Taxes, and each shall be a personal liability
and charged against the owner or owners of the property assessed.
IV.
When the improvements have been completed and have been accepted by the
City of Pearland by ordinance, the amounts herein assessed shall be due and
payable on or before ten (10) days from the date such improvements have been
accepted by the City by ordinance. Upon failure of any person to pay said
assessment when due, reasonable attorney's fees and cost 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 eight percent (8%) per annum until paid;
in accordance with Ordinance No. 363 duly passed and enacted on the 8th day of
August, 1978 and the 22nd day of August, 1978 by the City of Pearland, Texas.
Provided, however, that the City Council shall have the authority to expressly
waive any default in any particular case where, in the judgment of the City Council,
it would be equitable to do so, but no acts, statements or representations of any
official or officer of the City of Pearland shall amount to a waiver or default,
and such waiver, in order to be effective and to defer the time for full payment,
must be acknowledged by an instrument of writing approved by majority vote of the
City Council in a Regular or Special Meeting, signed by the Mayor and attested by
the City Secretary.
V.
That this ordinance shall be effective after its passage and approval
upon second and final reading at a regular meeting of the City Council of the
City of Pearland, Texas.
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