R81-08 2-8-81 RESOLUTION NO. R81-8
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 PREREOUISITES
AND GUIDELINES TO BE FOLLOWED AND EXPRESSLY RE-
PEALING RESOLUTION NO. 73-5 HERETOFORE ENACTED.
WHEREAS, the City Council of the City of Pearland, Texas, has
heretofore 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. 73-5, passed, approved, and
adopted on the 22nd day of January, A. D., 1973; and
WHEREAS, the City Council now desires to update and amend
certain policies and guidelines 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 guidelines need to be established 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:
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. Tfhen 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 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
participation exceeds $600.00, he will be eligible
for time payments. Such City Time Payment Contract
shall be secured by a Mechanic's and Materialman's
Lien, and shall provide that 1/3 of the total partici-
pation cost will be payable 30 days after the accep~
tance 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-third (1/3) of the construction cost, expressed in
linear feet, times the recorded abutting footage of the owner's
property. The City will bear one-third (1/3) the construction cost
of 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. 73-5 passed, approved, and adopted by the
City Council on the 22nd day of January, 1973, 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
~ day of C~,__~-~w~-- , A. D. 1981.
Mayor, City of Pearland, Texas
Attest: