Ord. 0375 03-27-78ORDINANCE NO.
375
AN ORDINANCE DECLARING THE NECESSITY FOR AND ORDERING THE
PAVING AND IMPROVEMENT OF RAYBURN LANE PEARLAND, TEXAS;
APPROVING PLANS AND SPECIFICATIONS FOR SUCH WORK; AUTHORIZING
THE CITY MANAGER TO ADVERTISE FOR BIDS IF NECESSARY; DIRECT-
ING THE PREPARATION OF ESTIMATES; INVOKING AND ADOPTING THE
PROVISIONS OF ARTICLE 110Sb, VERNON'S REVISED CIVIL STATUTES;
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 THE 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 improve the following
named street and the designated portions thereof in the City of Pearland, Texas,
within the limits herein defined:
RAYBURN LANE - beginning at the Northwesterly right-of-way
line of Dixie Farm Road along the center line of Rayburn
Lane Northwesterly a distance of approximately 850 feet.
II.
It is hereby ordered that such hereinabove named street or 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 curbs
and gutters and sidewalks where there are no existing curbs and gutters and
sidewalks; and, where necessary, by reconstructing and re -aligning existing curbs
and gutters and sidewalks; and by widening said portions of said street where
necessary, so as to attain a paved width on the portion of Rayburn Lane referred
to above of twenty (20) feet and by constructing necessary and proper appurtenances
and incidental to such improvements, including drains and culverts; said paving to
consist of the construction 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 nature and type of construction in each particular unit of
improvement as shown in the Plans and Specifications prepared by the City Engineer.
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
fir
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 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 appropriate purposes as if copied herein.
IV.
A. A portion of the cost of said improvements shall be paid for by
assessment against the properties abutting on the portion of the street 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 amount to be determined 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.
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.
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 be improved 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 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 8% per annum until paid.
- 2 -
XI.
That this ordinance shall be effective after its passage and approval
upon second and final reading.
PASSED AND APPROVED ON FIRST READING this / i day of
e7/7a2i2!°�
ATTEST:
City Secretar
, A. D., 1978.
eotei)
PASSED AND APPROVED ON SECOND AND FINAL READING this
, A. D., 1978.
ATTEST:
City Secretary
Effective Date: _3 - 2 7- 7/
J7
day of
ectii
Mayor, City of Pearland, Texas
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