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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main constructed by the City; and WHEREAS, the request and consent was executed in accordance with law, it has not been revoked or withdrawn, and it has been filed with the City Secretary; and WHEREAS, the Director of Finance of the City has initiated the process for the City to handle such work,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 ~