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request and consent document was executed, was not revoked or withdrawn and was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:
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Mayor
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Reviewed: ~. ~
City Attorney
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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
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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
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8:00 AM..'..'
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AUG - 6 2003
W91:-1. 218
08/06/03 200232589
$91100
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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