R73-05 01-22-73•
RESOLUTION NO. 73-5
A RESOLUTION PROVIDING FOR THE SURFACING AND/OR
RE -SURFACING OF EXISTING STREETS WITHIN THE CITY
OF PEARLAND, TEXAS, BY VOLUNTARY PROPERTY OWNERS
PARTICIPATION AND/OR INVOLUNTARY PROPERTY OWNERS
ASSESSMENT; SETTING OUT CERTAIN PREREQUISITES
AND GUIDE LINES TO BE FOLLOWED AND EXPRESSLY
REPEALING RESOLUTION NO. 71-26 HERETOFORE ENACTED.
WHEREAS, the City Council of the City of Pearland, Texas, has hereto-
fore expressed its existing policies for the surfacing and/or re -surfacing
of existing streets and roadways within the city limits by the enactment
of Resolution No. 71-26, passed, approved and adopted on the 12th day of
July, 1971; and
WHEREAS, the City Council now desires to update and amend certain policies
and guide lines regarding the surfacing and/or re -surfacing of public streets
or roadways within the City; and
WHEREAS, the City Council further deems it necessary that certain streets
be improved by surfacing and re -surfacing with asphaltic compounds, and
WHEREAS, new policies and guide lines need to be established in order
that a consistent method will be used in determining what streets to be im-
proved by surfacing or re -surfacing and a method of payment by voluntary
property owners participation and/or involuntary paving assessment, since the
City has only limited funds to be used for this purpose.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS:
I.
That the City Council will consider any existing street for surfacing
or re -surfacing on which 50% of the residents, petition the City for such
improvements, subject to the following conditions:
1. The petitioners shall be the owners of 30% of the property
abutting such streets to be improved.
2. When the total length of the street named in the petition ex-
ceeds 1,000 feet, the street may, at the discretion of the
City Council, be divided into blocks or segments containing
not less than 600 feet.
3. That the signers of said petition agree to one of the
following methods for participation payment:
Cash money in advance or a demand note, secured by a
Mechanic's and Materialman's Lien, payable 30 days
after acceptance by the City Council of the completed
improvements.
In such cases where the property owner's voluntary partici-
pation exceeds $600.00, he will be eligible for time payments.
Such City Time Payment Contract shall be secured by a Mechanic's
& Materialman's Lien, and shall provide that 1/3 of the total
participation cost will be payable 30 days after the acceptance
of the completed street by the City Council, 1/3 on or before
one year from that date, and the remaining 1/3 on or before
two years from that date. Said time payment note shall bear
interest at a rate of 10% per annum.
In such cases where the above conditions have been complied with, the
City shall exercise its right to involuntary street improvement assessment
against the remaining property owners as provided by State Law.
The standards of construction shall be determined by the City Engineer.
On strip -paved streets the property owner's cost will be based on one-
half (1/2) of the cost of the material, expressed in linear feet, times the
recorded abutting footage of the owner's property. The City will bear the
cost of labor and equipment as its part in the participation program.
On streets designed with curbs, gutters, and storm sewers, the same
cost procedure will be followed for the street surface except that the
property owners will pay the total cost of the curbs and gutters and the
cost of the storm sewer pipe.
II.
That Resolution No. 71-26 passed, approved and adopted by the City
Council on the 12th day of July, 1971, be and the same is hereby expressly
repealed all and singular. Such repeal not to effect or abate any action
or proceedings now pending under and by virtue of the above numbered
Resolution so repealed.
PASSED, APPROVED, AND ADOPTED on first and final reading this 2 2
day of 0, , A. D. 1973.
Mayor, City of Pearland, Texas