Ord. 0367 01-09-78p
ORDINANCE NO. 367
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 WASHINGTON AVENUE WITHIN THE CITY OF PEARLAND,
TEXAS; FINDING AND DETERMINING THE SPECIAL BENEFITS
TO EACH PARCEL OF ABUTTING PROPERTY AND THE ENHANCE-
MENT 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. 331 passed and enacted on the 14th day of
June, 1976 and the 28th day of June, 1976, 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 streets, where necessary, so as to attain a paved width of
twenty-four (24) 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:
WASHINGTON AVENUE - From the northerly right of way line of
Plum Street approximately 600 feet to the southerly right of
way line of Orange Street.
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 $5,511.06 and the estimated amount to be assessed against
the owners of the abutting property to be $3.00 per property front foot; and
WHEREAS, the City Council of the City of Pearland, Texas, as the
time of the enaction of Ordinance No. 331 on June 14, 1976 and June 28, 1976,
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 Sun Progress, 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 June 13, 1977, the date of
the hearing, all in accordance with law; and
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WHEREAS, the hearing ordered has been held before the said City
Council in Council Chambers at the City Hall in Pearland, Texas, beginning at
7:30 P.M. on June 13, 1977 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 Stated 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 respec-
tive properties abutting such public streets 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 re-
quirements 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 Constitu-
tional prerequisites to fixing of assessment liens against the properties
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ORDINANCE NO. 331
CITY OF PEARLAND -
STREET IMPROVEMENT PROGRAM - WASHINGTON AVENUE
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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.
the
and
IV.
When the improvements have been completed and have been accepted by
City of Pearland by ordinance, the amounts herein assessed shall be due
payable on or before ten (10) days from the date of 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. 331 duly passed and enacted on the 14th
day of June,-1976 and the 28th day of June, 1976 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 judgement of the City
Council, it would be equitable to do so, but no acts, statements or represent-
ations of any official or officer of the City of Pearland shall amount to a
waiver of 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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PASSED AND APPROVED ON FIRST READING this , day of
CAteleo.,„„,/(a.,./ , A. D., 1977.
Sieryt--)0
MAYOR
ATTEST:
City Secreta
PASSED AND APPROVED ON SECOND AND FINAL READING this
of
ATTEST:
City Secretary
, A. D., 197 $
x(
EFFECTIVE DATE: /— 9-. / er
MAYOR
day
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