R71-26 07-12-71RESOLUTION NO. 71-26
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 PRE-
REQUISITES AND GUIDE LINES TO BE FOLLOWED.
WHEREAS, the City of Pearland has no existing policy for the surfacing
or re -surfacing of existing streets within its City Limits, and
WHEREAS, the City Council has deemed it necessary that certain streets
be improved by surfacing or re -surfacing with asphaltic compounds, and
WHEREAS, a certain policy and guide line needs to be set out in order
that a consistent method will be used in determining what streets to be
improved 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, that the Council will consider any existing street for
surfacing or re -surfacing on which 60% of the property owners on such street
petition the City for such improvements, subject to the following conditions:
1. Sixty (60) percent of the property owners on such street
shall petition the City for such improvements, provided
however, when the total length of the street named in the
petition exceeds 1,000 feet, the street may, at the discretion
of the City Council, be divided into blocks or segments
containing not less than 500 feet.
2. 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 participation
exceeds $600.00, he will be eligible for time payments. Such
n
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 materials ,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.
PASSED, APPROVED, AND ADOPTED on first and final reading this /L day
Attest:
-
, A. D. 1971.
Mayor, City of Pearland, T xas
City Secretary