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HomeMy WebLinkAboutOrd 1745 - lateral house lines Exhibit 1 Ordinance No. 1745 AN ORDINANCE RELATING TO LATERAL HOUSE LINES; AUTHORIZING PAYMENT AND ISSUANCE OF A CERTIFICATE; PROVIDING FOR ASSESSMENT AND LIEN; 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 ("City"), 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, in full compliance with said Section 402.901: (i) the City received a request and consent from the owner(s) of certain property that the City handle reJocation or replacement of lateral house lines on the owner's property; (ii) such fateral house lines serve a residential structure on private property and connect to a new, renovated or rebuilt sanitation main or water main constructed by the City; (iii) the request and consent document was executed, was not revoked or withdrawn and was filed with the City Secretary; (iv) the Director of Finance of the City initiated the process for the City to handle such work, having made the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; (v) after the City received bids for the work, notice of such contract was duly given to said owner(s)) and said owner(s) did not revoke or withdraw the consent or reject the contract; (vi) the owner(s) of such property acknowledged receipt of the notice and filed a sworn affidavit to waive the right to reject the contract, which was filed with the City Secretary; and (vi) thereafter, work on the relocation or replacement of the house line laterals began; and WHEREAS, the contractor has now certified that all work has been completed in accordance with the contract, as shown in Exhibit A, attached, and the City finds that the work has been properly completed in accordance with the applicable codes and ordinances of the City; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST UN IVERSITY PLACE: Section 1. The matters set out in the preamble hereof are found and determined to be truE2-and correct. Section 2. Payment to the contractor is hereby approved in the amount shown \ in Exhibit A, attached! and the Director of Finance is authorized and directed to: (1) pay such amount to the contractor; (2) issue a certificate certifying that the work has been completed and that payment has been made under the contract, as shown in Exhibit B, attached; (3) file the certificate with the county clerk of the county in which the property is located; (4) deliver a copy of the certificate to the property owner( s); and (5) on payment of the principal amount and accrued interest, as provided in said Section 402.901, issue a release of the assessment and Ijen. For this purpose: (i) the principal amount 1s the amount of the payment shown in Exhibit A, attached, and (ij) the rate of interest shall be as specified in the original request and consent document signed by the owner(s), which rate was previously specified, set and approved by the City Council in the ordinance authorizing the contract and assessment for this project (simple interest, not to exceed 10 percent a year). Section 3. As provided in Section 402.901 of the Texas Local Government Code, the City Council hereby: (i) confirms the assessment of the cost of such work against the property descrjbed in Exhibit B, attached, and (ii) finds and determines that the City has a lien on such property to enforce payment of the principal amount and interest described above. Section 4. All ordinances and parts of ordinances in conflict with this Ordjnance are repealed to the extent of the conflict only. Section 5. If any word, phras8J clause, sentence, paragraph, section or other part of this Ordinance or the application thereof to any person or circumstance. shalt 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, phrase, crause, sentencef paragraph, section or other part of this Ordinance to any other persons or circumstances, shall be affected thereby. Section 6. The City Council officially finds~ determines and declares that a sufficient written notice of the date, 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 amendedf and that each such meeting has been open to the public as required by law at an times during such discussion, consideration and action~ The City Council ratifies, approves and confirms such notices and the contents and posting thereof. Section 7. The public irrportance of this measure and the requirements of the law create an emerg~ncy 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 shalr take effect immediately upon its passage and approval. PASSED AND APPROVED on f/J'U'.;t 3 Councilmembers Voting Aye: Councilmembers Voting No: Councilmembers Absent: Recommended: Forms ASM-202 0 house Unes FiNAL & UEN Signed: /") /:::t?d- Mayor ,. { , ;J!7c; ~~ Reviewed: ~. ~ City Attorney 6; - 1 .;:, - 0 .3 ; 1 0 : 4 0 !.~...rJt : VIi E S. T U "'j I ..... E P S ~ T Y ; 71 ,T. 662 :::: ,se.4 1+ :.2.... Z :: Exhibit A CERTiF1CA TE OF CONTRACTOR TH'A T WORK HAS BEEN COMPLETED, ETC. Re: The follow!ng described "Pr~pe:iy:' 13/ f. I ~ 5 h Se+ Teyva.t.-€-. I . ~::+~n o-r;j 0 'tc-S<ubf: v ;f..j~.n I h -1h ~11I-'f /J:)i- /;).eif {jYlIlle n., r-'( ~ *a-r~ I'S In'~"Vl ~ l J) Tf.i itS. St~ee1 ad dress: 3765 Sunset Boulevard The fo~ lo\vi ng described JtContract: U Contract between Strutton Plumbing Company, Inc., as contractcr~ and the City of West U niv ersity Plac e~ Texas C' CltyU) dated May 30, 2003 for perforn1 lng the work for relocation or repJacement of the water and sewer lateral house lines on the Property in accordance with Section 402.901 of the Texas Local Governfljent Code. PIIltf0 The undersigned, being the contractor perfornling work on the Property as called for by the Contract, certifies as follows: (a) all such work has been completed in accordance \vith the Contract and also in accordance w[ttl the applicable codes and ordinances of the City; (b) the cost of the completed work is $1.965~OOI and this amount does not exceed the original contract price; and (c) payment in such amount is now due and is requested. SIGNED and CERTIFIED on Urle- Contractor: "5TI2UT1O,.,J fiU""(!wN~ t 1,,;( . e: ~CWi\) tAJlrte Title: ~S'VIES$ ~"4"4. STATE OF TEXAS COUN1Y OF HARRIS J ~Th.~i strumelltwasaCkno8:;~,before me on V ~fn (2_1'/. 20..a3by _ J ~' ~~ . 'tlr~ ~h.12. of --r:.-- ~. 'lJ /1 p/ i/ .h7.o ~ ;1 ~.. I? /J 'KJ.dtrn-t( ,a If:::.'- {?.&7:' r;J~r-yd~~ 7 . n behajf of said / ( seal) My Cornm ission Expires:,1 Z ~Z-O-O i STATE OF TEXAS COUNT'( OF HARRIS This instrument was acknovvledged before me on CHERY!, r r,100R E . Notary Pl,t ; 0 j~ie of Texas My Comi',lission Expires 12-20..2004 I 20_ by (seal) My Com mission Expi res: Notary Public . ~ , CERTIFICATE THAT WORK HAS BEEN COMPLETED, PAYMENT HAS BEEN MADE, ETC., AND CONTAINING INFORMATION AS TO ASSESSMENT AND LIEN STATE OF TEXAS COUNTY OF HARRIS Re: The following described ~'Property:n Lot 4 of Block 1 of Sunset Terrace, .Section 1 J a subdivision in the City of West University Place, Harris County, Texas Street address: 3765 Sunset Blvd., West University Place, Texas 77005 Th e fa f I owi ng d escri bed nc 0 nt ra ct:" Contract between STRUTTON PLUMBING C06i I~C~J as contractor) and the City of West University Place, Texas C(City~) dated 5/30/zo03 for performing the work for relocation or replacement of the water and sewer lateral house lines on the Property in accordance with Section 402.901 of the Texas Local Government Code. The undersigned certifies, on behalf of the City, as follows: (a) all of the work under the Contract has been completed; and (b) payment has been made under the Contract in the amount of $1,965.006 By the adoption of Ordinance No. 1724 on December 9, 2002 and Ordinance NO.1? 45 on June 23, 2003, the City Council of the City has assessed the cost of such work against the Property and has found and determined that the City has a lien on the Property to enforce payment of the principal amount (being the amount of the contract payment shown above) and interest (at the rate of 60/0 a year) simple interest), as described in such ordinances~ all as authorized by Section 402.901 of the Texas Local Government Code. SIGNED and CERTIFIED on //dr ~ (I 20~t3 ~ CITY OF WEST UNIVERSITY PLACE, By: c.JaLCb d-A crr-r, ~ 3800 University Blvd~t Houston, TX 77005 Name: !u/f-I';eL -rho(ftrt~ Director of Finance of the City STATE OF TEXAS COUNTY OF HARRIS This instrument was acknowledged before me on tdAL re,e- '/ HG\t1-t.A-.~ University Place, Texas. (seal) ..- My Commission Expires: /j-/J: ...../J 7 AFTER RECORDING return to: City Secretaryt City of West University Place, Houston, Texas 77005 ,"'" // ., riL.l: rur<. r\CvUf\U 8:00 AM..'..' f ~~/,.. .1. ~ '., - 0J _,) \ v AUG - 6 2003 W91:-1. 218 08/06/03 200232589 $91100 ~&I(~~~~ ) Cou nty Clerk. H arri 5 County I Texas C1 CERTIFICATE THAT WORK HAS BEEN COMPLETED, PAYMENT HAS BEEN MADE, ETC., AND CONTAINING INFORMATION AS TO ASSESSMENT AND LIEN STATE OF TEXAS COUNTY OF HARRiS Re: The following described UProperty:n Lot 4 of Block 1 of Sunset Terrace, Section 1, a subdivision in the City of West University Place, Harris County, Texas D Street address: 3765 Sunset .Blvd., West University Place, Texas 77005 The foHowing described UContractU Contract between STRUTTON PLUMBING CO'J I~C., as contractor, and the City of West University Place, Texas ('City') dated 5/30/zo03 for peliorming the work for relocation or replacement of the water and sewer lateral house lines on the Property in accordance with Section 402.901 of the Texas Local Government Code~ The undersigned certifies; on behalf of the City, as follows: (a) all of the work under the Contract has been completed; and (b) payment has been made under the Contract in the amount of $1 ,965~OO. By the adoption of Ordi nance No~ 1724 on December 9l 2002 and Ordinance No~ 1745 on June 23, 2003, the City Council of the City has assessed the cost of such work against the Property and has found and determined that the City has a lien on the Property to enforce payment of the principal amount (being the amount of the contract payment shown above) and interest (at the rate of 60/0 a year, simple interest)~ as described in such ordinances, all as authorized by Section 402~901 of the Texas Local Government Code. SIGNED and CERTIFIED on /fzdr ~ 20t?3. (j \ D~ CITY OF WEST UNIVERSITY PLACE, By: o~ dA c/h-? ~ M0 r, 3800 University B1vdAl HoustonJ TX 77005 Name: tv/fi~eL /IJO(llff..!J. \ ~~ - Director of Finance of the City STATE OF TEXAS COUNTY OF HARRIS ~ This instrument was acknowledged before me on to ~ 20 tdA-t. r-e,e. 7" ~t1t r- S , as Irector of Fina University Place, Texas. (seal) ,-- My Commission Expires: /j-/> -b 7 No ary ublic City Secretary, City of West University Place, 3"'f)CO Gir\ I \/(fSrfl! Slid I Houston, Texas 7700"5 '.J AFTER RECORDING retUjji