HomeMy WebLinkAboutOrd 1724 - lateral house lines
Ordinance No. 1724
AN ORDINANCE RELATING TO LATERAL HOUSE LINES; AUTHORIZING A
CONTRACT AND ASSESSMENT; CONTAINING FINDINGS AND
PROVISIONS RELATING TO THE SUBJECT; AND DECLARING AN
EMERGENCY~
WHEREAS, under Section 402.901 of the Texas Local Government Code and
Section 23.013 of the Code of Ordinances of the City of West University Place, the City
may contract for relocation or replacement of lateral house lines and assess the cost
against the property on which they are located; and
WHEREAS, the City has received a request and consent from the owner(s) of
certain property that the City handle relocation or replacement of lateral house lines on
. the owner's property, as more fully shown in Exhibit A, attached; and
WHEREAS, such lateral house lines serve a residential structure on private
property and would connect to a new, renovated or rebuilt sanitation main or water main
constructed by the City; and
WHEREAS, the request and consent was executed in accordance with law, it
has not been revoked or withdrawn, and it has been filed with the City Secretary; and
WHEREAS, the Director of Finance of the City has initiated the process for the
City to handle such work, having made the determinations required by Section 23.013
of the Code of Ordinances and received bids for the work; and
WHEREAS, after the City received bids for the work, notice of such contract was
duly given to said owner(s) as required by Section 402~901 of the Texas Local
Government Code, as more fully shown in Exhibit B, attached, and said owner(s) did
not revoke or withdraw the consent or reject the contract; and
WHEREAS, the owner(s) of such property have acknowledged receipt of the
notice and have filed a sworn affidavit to waive the right to reject the contract, which has
been filed with the City Secretary, as shown in Exhibit C~ attached; and
WHEREAS, work on the relocation or replacement of the house line laterals has
not begun; -
NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST
UNIVERSITY PLACE:
Section 1. The matters set out in the preamble hereof are found and determined
to be true and correct.
Section 2. The.. contract described in Exhibit B, attached, is approved and
authorized, and the Finance Director is authorized to proceed with the steps necessary
to complete the work. The cost of such work, with interest at the rate specified in
Exhibit At attached, shall be assessed against such property, and the City shall have a
lien on such property to enforce payment of same, all as authorized by Section 402~901
of the Texas Local Government Code. Such interest rate is hereby specified~ set and
approved by the City Council for this project
Section 3. All ordinances and parts of ordinances in conflict with this Ordinance
are repealed to the extent of the conflict only.
Section 4. If any word, phrase, clause, sentence, paragraph, section or other
part of this Ordinance or the application thereof to any person or circumstance, shall
. ever be held to be invalid or unconstitutional by any court of competent jurisdiction,
neither the remainder of this Ordinance} nor the application of such word, phraset
clause, sentence, paragraph, section or other part of this Ordinance to any other
persons or circumstances, shall be affected thereby~
Section 5. The City Council officially finds, determines and declares that a
sufficient written notice of the datej hour, place and subject of each meeting at which
this Ordinance was discussed, considered or acted upon was given in the manner
required by the Texas Open Meetings Act, as amended, and that each such meeting
has been open to the public as required by law at all times during such discussion,
consideration and action~ The City Council ratifies, approves and confirms such notices
and the contents and posting thereof.
Section 6. The public importance of this measure and the requirements of the
law create an emergency and an urgent public necessity requiring that this Ordinance
be passed and take effect as an emergency measure, and a state of emergency is
hereby declared. This Ordinance is accordingly passed as an emergency measure and
shall take effect immediately upon its passage and approval.
PASSED AND APPROVED on 4L~~G 9'
Councilmembers Voting Aye: r
Councilmembers Voting No:
Councilmembers Absent:
~7j 2-
, ~~ .
City Secretary Seal)
Recommended: ~;tt~
City anager
Mayor
ReViewed'--~
City Attorney
FORMS ASM-201 0 lateral house lines CONTRACT
Exhibit A
REQUEST AND CONSENT
FOR RELOCATION OR REPLACEMENT OF LATERAL HOUSE LINES
AND ASSESSMENT OF THE COST
AGAINST THE PROPERTY
STATE OF TEXAS
COUNTY OF HARRIS
Re: The following described "Property:"
Lot 4 Block 1
Sunset Terrace
Street address:
3765 Sunset
West University Place, Texas
I, Margeret Groot, being the owner of the Property request that the City of West
University Place (City) handle relocation or replacement of the water and sewer lateral
house lines (laterals) on the Property. In addition:
(a) I consent to a contract whereby the City will provide for the relocation or
replacement of the laterals on the Property. I further understand that the
plans and specifications for the contract will be prepared by the City; and
by execution hereof, I authorize the contractor to enter upon the Property
and perform such work as deemed necessary by the City to connect my
home to the laterals and the City's utility system.
(b) I consent to the relocation or replacement of the laterals..
(c) I consent to the assessment of the cost of the relocation or replacement of
the laterals against the Property. I understand that the City will have a lien
against the Property to secure payment of the assessment.
I understand that in addition to the cost of the work, which amount may be
increased no more that ten percent (100k) without my written permission, I will be
obligated to pay 60/0 sfmple interest per year, computed on the cost of the work from the
date the City pays the contractor to the date I fully repay the City.
In accordance with Section 402.901 of the Texas Local Government Code and
Section 23.013 of the Code of Ordinances of the City of West University Place, I state
that:
(1) this consent is freely given;
(2) I understand that, as a result of the assessment a lien will be attached to
the Property for the total cost of the relocation or replacement plus interest
at the rate stated above;
(3) no part oJ the cost of the relocation or replacement of the laterals will be
paid by the City; and
(4) I have five years from the date the work is completed to repay to the City
the cost of relocation or replacement of the laterals (with interest as
provided above).
SIGNED and EXECUTED on December 6, 2002~
/
Property Owner
ACKNOWLEDGEMENT
STATE OF TEXAS
COUNTY OF HARRIS
)lo. T~isinstru'(;ent was acknowledged before me on December 6,2002 by
(seal) (J ~J-ff, rhO/:; · ~-a ~
My Commission Expires: ro- /1 -alP Notary Public
~ ~~~~Y~r:""~" GABRIELE T. PEREZ
i g~~.. ..':b~ Notary PublicJ State of Texas
I ~ : .:~ i My Commission Expires
~~ .~.:-
~,:J>; 0; ;"~..,,.:- June 11 ~ 2006
I"mtn\\\
Exhibit B
NOTICE REGARDING A CONTRACT
FOR RELOCATION OR REPLACEMENT OF LATERAL HOUSE LINES
AND ASSESSMENT OF THE COST
AGAINST THE PROPERTY
Re: The following described "Property:"
Lot 4 Block 1
Sunset Terrace
Street address:
3765 Sunset
West University Place, Texas
TO: Margeret Groot, owner) of the Property (whose address is the same as the
Property shown above)~
YOU ARE HEREBY NOTIFIED by the City of West University Place (City) as follows:
(1) Under the provisions of Section 402.901 of the Texas Local Government Code
and Section 23.013 of the Code of Ordinances of the City of West University
Place, you have filed a request and consent for the City to contract for relocation
or replacement of lateral house lines on the Property~
(2) The City has received bids for the work. The bid price accepted by the City for
completion of the work is $1,965, and the contract price may be increased by not
more than ten percent without your written consent.
(3) A copy of the proposed contract is attached hereto and made a part hereof~
YOU HAVE THE RIGHT TO REJECT THIS CONTRACT AND WITHDRAW YOUR
CONSENT AS PROVIDED IN SECTION 402.901 OF THE TEXAS LOCAL
GOVERNMENT CODE. NOTICE OF WITHDRAWAL MUST BE GIVEN TO THE CITY
SECRETARY OF THE CITY OF WEST UNIVERSITY PLACE ON OR BEFORE THE
45TH DAY AFTER THE DATE THIS NOTICE IS MAILED OR DELIVERED.
SIGNED and EXECUTED on December 6, 2002.
t</A1A O~.
Director of Finance
City of West University Place
Delivered on: / ;r / t:, b- c:> CJ E
Mailed on:
Form 81D-118 (rev.4-o0)
WORK ORDER (CONTRACT)
DESCRIPTION OF THE WORK: Install relocated or replacement water and sewer lateral house
lines at 3765 Sunset, all as more fully described in the attached proposal. Contractor will
provide all materials and labor and a certificate of completion.
TIME TO COMPLETE: 30 calendar days AGREED PRICE(s): $1,965.. 00..
ATTACHMENTS: Proposal dated 7-31-02.
GENERAL~ This Formi together with any attachments I isted. constitutes the com pi ete ag reement rWark Ordern) between the U Owneru and
the "Contractor' identified below. In case of any conflict or inconsistency between this Form and the rest of the Work Order, this Form controls.
TIME AND WORK. Except to the extent othetwise specifiedt the Contractor shall: (i) commence the work immediately, (ii) prosecute the work
diHgently, and (iii) complete all the work within the time specified~ but not longer than a reasonable time that meets the Owner-s needs and intended uses
for the work. The work includ as all goods and services mentioned in the attachm ents together with any other items necessa ry to accom plish the
Owner-s purposes for entering into this Work Order (or usually provided in connection with simitar work)& All goods shall: (i) be new and free of defects in
title, design, material and workmanshipt (ii) comply with this Work Order} (iii) not infringe any patent, copyright or other proprietary right, and Ov) be of
the best qual ity generally available, unl ess otherwise specified. All services shan be perform ed in a good and workmanl ike manner by trained and skilled
persons having aU necessary licenses and permits and must meet or exceed applicable legal and regulatory requirements and prevailing standards for
such services in the Houston area. The Owner shall have the right to use all work products of this Work Order.
REPAIRS, ETC~ At no additional charget the Contractor shall re-do or replace any task or work product which appears to be mistakent defective or
not in compliance with this Work Order within one year following the date the final payment is made under this Agreement Action to re-do or replace
must begin within ten days following the date the Contractor becomes aware of the problem and must be completed at the earliest practicable time. [f
any item is redone or replaced~ the Contractorts obligation to re.do or replace it again extends to all sim ilar or related problem s appearj ng on or before
the 180th day foUowi ng the day the reRdoi ng or repfacem ent is finished.
PA YMENTS. Payments accrue only to the extent that (i) specific tasks called for by this Work Order are completed by the Contractor, and (ii)
any reJated work products are deJivered to the Owner Liaison, aJJ in a form satisfying the Owner1s needs and intended uses] and aU in
accordance with this Wark Order ~ To receive payments t the Contractor must submit itemized invoices s howi ng the specific tas ks and work
products for which payment has accrued, including proofs of completion and the applicable price(s) from this Work Order. AU invoice amounts
must be reasonable, not more than the Contractor generally charges for the same or similar items and supported by documentation as the
Owner Liaison may request. The Contractor will allow the Owner Liaison to inspect and copy the books and records of the Contractor, in
Houstonl jf requested. Within approximately 30 days foHowing review and approval of an invoice (which may require action by the governing
body), payments invoiced which have accrued and comply with this Work Order shall be mailed to the Contractor~ No collection feesl fines,
penalties, interest, attorneys. fees or taxes shall be added to any payment by the Owner. The methods and procedures for payment in this
Work Order are excl us ive.
REMEDfESA AU remedies ramafn avaffabf ef except as II mfted by th is paragraph. Neither party s hen term i nate its performance because of a
breach by the other party without first notifying the other party of the facts refating to the breach and providing to the other party at least ten
days in which to cure the breach. Termination does not affect any rights or duties of the parties which expressly or by their nature continue past
termination. No waiver of breach or default is a waiver of subsequent breaches or defaults of any kind. The Owner shall have the right, without
breach or cause. to terminate the Contractor's duties to perform under this Work Order. as well as the OWnerts duties to pay, by notifying the
Contractor ~ Upon receipt of such a notice, and un I ess the notice directs otherwise, Contractor shall immed iately d isconti nue the performance of
work. The Owner shall make payments only to the extent they accrue prior to such a termination (see up A YM ENTS" above).
NOTICES~ Unless otherwise provided in this Work Order} any notice or other communication to a party C'noticell) must be written. Notice
may be deposited in the United States maH; (j) postage prepaid, (H) registered or certJfiedt and (Hi) properly addressed to the party to be notified.
Notice so deposited js effective from and after the third day fOllowing the day of depos it Notice given otherwise [s effective only when actual ry
received. For all notices} the only proper address of a party is shown beneath that partyls signaturel below] until changed by notice from that
party to the other.
ASSIGNMENTS~ PARTIES, ETC~ Contractor shall neither assign its interest nor delegate or subcontract its performance without the written
consent of the Owner Li aison. This Wark Order sha1 [ bind and benefit only the parties hereto and their legal successors and assig ns. It shall
not confer rig hts or benefits upon any other person or entity. The parties are not partners or joint ventu rers. The Contractor is not an agent for
the OWner. The Contractor is an independent contractor controlling details, methods and techniques of work. it being agreed that the Owner
shall look only to the results.
INSURANCE~ The Contractor shall maintai n publ ic Ii abil ity insu ranee and workers compensation insurance in effect at all ti mes when
performing under this Wark Order and will provide proof upon req uest. The insurance must comply with any j ns urance specifications that may
be attached.
MISCELLANEOUS~ This Wark Order is....,governed by Texas law. All obi igations are performable in the county where the work is del ivered to
Owner. Venue lies in the appropriate state court in and for that county. Any previous agreements between the parties relating to the same --
work are merged into and incl ud ed in th is Work Ord er. Th is Wark Ord er is the full and fi nal express ion of thei r agreement. This Wark Ord er
may on ly be amended in writing, approved by the Ownerl s governi ng body.
City of West University Place
Owner Li aison:
complies with a budget appropriation (Account #
account to meet the obligation when it is due. By:
f Owner~ By: Date:
, 3800 Unjversity Blvd, Houston, TX 77005. I certify that this obligation
) and that there ;s or will be enough unencumbered money in that
J Finance Director
Stratton plumbing Co. I Inc ~ ("Contractor'), a Texas corporation By:
Date:
Address: 5805 Cypress St, Houston, Texas 77074 PhOne:713-774-9197
Fax: 713-774-7114
[E'fW--J 1) J
STRUTTON PLUMBING COMPANY, INC.
5805 Cypress Street · Houston, Texas · 77074..7820
Phone (713) 774-9197
FAX (713) 774~7114
SEWER PROPOSAL ~/ )y
Date t
Job: Sewer Line
Texas
Address
City
Zip
Home
Work
Fax
Phone #
Strutton Plumbing Company, Inc. proposes to furnish the permit, all labor and materials to
complete tQe fol19win9 for each residence:
J/~ Yo ~~ -b-J;&)7t7~
1. Install ~~~ .3c) PJ/v sewer.li~ ~ existing sewer stub out to new
sewer tap provided by the city of bL/. ~ .
2. All work will be completed according to the City Plumbing Code.
Strutton Plumbing Company, Inc~ will install your new sewer and water lines with a minimum of disruption to your property and
will take care when removing grass~ landscaping and sprinkler systems during the installation of these lines. Grass and landscap-
ing that were removed will be replanted and sprinkler systenls will be reconnected after lines are installed.
However, Strutton Plumbing Company, Inc. will not be responsible for any grass or landscaping that must be removed and
replanted during this process~ nor for any sprinkler system that may not work once t~i)j99 is ceQ:Plete.
. ~e:~er~ JYT~P~
t<J/'1-r~~ ,-;J..SI ()d
('ftP5,OO
Total price for this proposal:
$
)Cr V~-.,~;)
.
-TERMS: Due upon completion of work.
THIS FIRM OPERATES UNDER THE UCENSUR E OF THE TEXAS STATE BOARD OF PLUMBING EXA
Strutton Plumbing Company, Inc., By:
ACCEPTANCE
I (We)
hereby accept this proposal.
Please charge my VISA I Me.
Exp. Date
Signed:
( (::';'< ~ (j l
Exhibit C
WAIVER OF RIGHT TO REJECT CONTRACT
FOR RELOCATION OR REPLACEMENT OF LATERAL HOUSE LINES
AND ASSESSMENT OF THE COST
AGAINST THE PROPERTY
STATE OF TEXAS
COUNTY OF HARRIS
Re: The following described "Property:"
Lot 4 Block 1
Sunset Terrace
Street address:
3765 Sunset
West University Place, Texas
BEFORE ME, THE UNDERSIGNED AUTHORITY, on this day personally appeared the
undersigned person(s), who, being first duly sworn, did each depose and say:
(1) I own the Property described above, and I requested that the City of West
University Place (City) handle relocation or replacement of certain lateral house
lines (laterals) on the Property~ In addition:
(a) I consented to a contract whereby the City will provide for the relocation or
replacement of the laterals Property. I further understand that the plans
and specifications for the contract were prepared by the City; and I
authorized the contractor to enter upon the Property and perform such
work as deemed necessary by the City to connect my home to the laterals
and the City's utility system~
(b) I consented to the relocation or replacement of the laterals~
(c) I consented to the assessment of the cost of the relocation or replacement
of the laterals against the Property. I understand that the City will have a
lien agai!}st the Property.
(2) I received the "Notice Regarding a Contract for Relocation or Replacement of
Lateral House Lines and Assessment of the Cost Against the Property" from the
City, which notice described a contract for the relocation or replacement of the
laterals on the Property.
(3) I WAIVE THE RIGHT TO REJECT THE CONTRACT FOR THE RELOCATION
OR REPLACEMENT OF THE LATERALS ON THE PROPERTY, AS
DESCRIBED IN THE NOTICE MENTIONED IN PARAGRAPH (2), ABOVE~ I
UNDERSTAND THAT THE CITY MAY CONTRACT FOR THE PERFORMANCE
OF THE WORK, THE WORK MAY PROCEED AND THE ASSESSMENT MAY
BE MADE AGAINST THE PROPERTY WITHOUT FURTHER CONSENT FROM
THE OWNER.
~I:;~;;(~ ~I
STATE OF TEXAS
COUNTY OF HARRIS
. 81 {f~~'~~ot~~~~~Te~~ ecember 6, 2002.
%J~?-i My CommIssIon Expires
....'~tt~!l~~~.t Ju ne 11. 2006
(sea
My Commission Expires: (0 - J 1- ex"
~-tl
Notary Public
~