HomeMy WebLinkAboutOrd 1792 - lateral house lines
Ordinance No~ 1792
AN ORDINANCE RELATING TO LATERAL HOUSE LINES; AUTHORIZING A
CONTRACT AND ASSESSMENT; CONTAINING FINDINGS AND
PROVISIONS RELA liNG 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 Jines 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has not been revoked or withdrawn) and it has been filed with the City Secretary; and
WHEREASl 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 contractl which has
been filed with the City SecretaryJ as shown in Exhibit C, attached; and
WHEREASJ 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 A, 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 wordf phrase, clause, sentence, paragraph, section or other
part of this Ordinance or the application thereof to any person or circumstancel 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, phrase,
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 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 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 thereofw
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 //
Council members Voting Ay : - .
Councilmembers Voting No:
Councilmembers Absent:
,~J
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Attest: Signed: Gw-t [j;..ltZoj{l5/- -
1 Y ecretarY (8 Mayor fit! I!-r L5/J-L-Lr/hU~M I
· - I~~~: 1!7J; J"
Recommended: 1~ /W Reviewed: \V'J
City Manager /v}/eh<te..L wS City Attorney J A-m-~ /JlJt{1^~
FORMS ASMw201 0 lateral house lines CONTRACT
Exhibit A
REQUEST AND CONSENT
FOR RELOCA liON 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:u
Lt 4 Blk 1
Cunningham Terrace
Street address: 3923 Riley Street, West University Place, Texas
J or we, Mary Migliore (referred to in the first person singular), being the owner(s)
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)
(b)
(c)
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.
I consent to the relocation or replacement of the laterals.
J 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 than ten percent (10%) without my written permission, I will be
obligated to pay 6010 simple 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 PlaceJ 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 of the cost of the relocation or replacement of the laterals will be
paid by the City; and
This instrument was acknowledged before me on
20 (jJ by
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Notafj blic 77r..fqNY fok.<a-
STATE OF TEXAS
. COUNTY OF HARRIS
(seal) () IlA It - () J(JlfJ --
My Commission EXPires~ooQ-
STATE OF TEXAS
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:'J
Lt 4 Blk 1
Cunningham Terrace
Street address: 3923 Riley Street, West University Place, Texas
TO: Mary Migliore, owner(s) 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 $ 1,975.001 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 CODEa 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.
A/~ .:ib , 20 as- ·
1LkJ/(1 J~~.V
Director of Finance UJfr/7-~ n{)rrt~
City of West University Place
Delivered on: !J,aAAY 1// ~.r (1\N\ UA
SIGNED and EXECUTED on
Mailed on:
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 UProperty:"
Lt 4 Blk 1
Cunningham Terrace
Street address: 3923 Riley Street, 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 CityJs 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 against 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 OWNERa
SIGNED:
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-M if
STATE OF TEXAS
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. SIGNED AND SWORN TO onQpd ~ 120m.
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My Commission EXPires~
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Form 810-118 {rev.4-00}
WORK ORDER (CONTRACT)
DESCRIPTION OF THE WORK: Install relocated or replacement water and sewer lateral house
lines at 3923 Riley Street, West University Place, Texas, all as more fully described in the
attached proposal~ Contract~r will provide all materials and labor and a certificate of
completion..
TIME TO COMPLETE: 30 calendar days AGREED PRICE(s): $1975.. 00 ~
A TTACHMENTS: Proposal dated August 25, 2004 (reconfirmed by telephone 3/30/05).
o GENERAL. This Formt together with any attacnments Iistedt constitutes the complete agreement ('Work OrderU) between the IIOwnerJ and
the (IContradorJ identified below. In case of any conflict or inconsistency between this Form and the rest of the Work Order, this Form controls.
Ti ME AND WORK ~ Except to the extent othelW ise s pacified, the Contractor shan: (i) com menee the work im mediately ~ (ii) prosecute the work
diligently) 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 includes all goods and services mentioned in the attachments together with any other items necessary to accomplish the
Owners purposes for entering into this Work Order (or usually provided in connection with similar work). AU goods shaH: (i) be new and free of defects in
title. design, material and workmanship, (H) comply with this Work Order, (iH) not infringe any patent copyright or other proprietary right1 and (iv) be of
the best quality generally available, unless otherwise specified. AU services shan be performed in a good and workmanlike manner by trained and skiUed
persons having all necessary Jicenses and permits and must meet or exceed appHcable Jegal and regulatory requirements and prevaiUng standards for
such services in the Houston area. The Owner shaH have the right to use aU 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 mistaken, defective or
not in compHance with this "'Jork Order within 0116 year iolio\.ving the .datE: trle TIna! payrnent is rnade under th:s Agi"eement. Action to re-Go ~.J~. ~~ep~ace
must begin within ten days following the date the Contractor becomes aware of the probJem and must be compJeted at the earliest practicable time. If
any item is redone or replaced, the Co ntractots obligation to re-do 0 r replace it again extends to a II similar or reJated proble ms appearing on or before
the 180th' day following the day the re-doing or replacement 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 related \NOrk products are delivered to the Owner Liaison, all in a form satisfying the Ownerls needsand jntended usest and all in
accordance with this Work Order. To receive payments, the Contractor must submit itemized invoices showing the specific tasks and work
products for which payment has accrued. induding proofs of completion and the applicabJe prjce(s) from this Work Order. AU invoice amounts
must be reasonablet not more than the Contractor generally charges for the same or similar items and supported by documentatjon as the
Owner Liaison may request. The Contractor will aJlow the Owner liaison to inspect and copy the books and records of the Contractor. in
Houston. if requested. Within approximately 30 days following review and approval of an invoice (which may require action by the governing
body), payments invojced which have accrued and comply with this Work Order shall be mailed to the Contractor. No collection fees. fines,
penaltiesl interest, attorneysl fees or taxes shaa be added to any payment by the Ovvner. The methods and procedures for payment in this
Wark Ord er a re exclusive.
REMEDIES. All remed ies remai n ava i [able i except as Jim ited by th is pa rag rap h. Ne ither pa rty S1 a II termi n ate Hs pe rfo rm ance becau se of a
breach by the other party without first notifying the other party of the fads relating to the breach and providing to the other party atJeast 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 rontinue past
termination. No waiver of bream or default is a waiver of subsequent breaches or defaults of any kind. The Owner shall have the right) without
breach or causet to terminate the Contractors. duties to perform under this Work Order, as well as the Owners duties to pay. by notifying the
Contractor. Upon receipt of such a notice, and unless the notice directs othefWiset Contractor shall immediately discontinue the pertormance of
wo rk. Th e Owne r sh a II ma ke payments 0 n Iy to the exte nt they accru e p rio r to su ch a term inatlo n (see ~l P A YM ENTS'1 above).
NOTICES. Unless otherwise provided in this Work Ordert any notice or other communication to a party CnoticeU) must be written. Notice
may be deposited in the United States mail: (i) postage prepaid t (ii) reg istered or certified ~ and (i ii) pro pe rly add ressed to the party to be notified.
Notice so deposited is effective from and after the th j rd day followi ng the d aj of deposit. Notice 9 lven otherwise is effective on Iy when adu a I iy
rece ived. For all noticest the 0 n Iy pro pe r acti ress of a pa rty is shown beneath that pa rty. s s ig nature J be low ~ u nti l ch a nged by n otjce from th at
pa rty to the other.
ASSIGNMENTS, PARTIES1 ETC~ Contractor shall neither assign its interest nor delegate or subcontract its performance without the written
consent of the Owner Liairon. This Work Order shall bind and benefit only the parties hereto and their legal s..Jccessors and assigns. It shall
not confer rights or benefits upon any other person or entity. The parties are not partners or joint ventLlrers. The Contractor is not an agent for
th e Owner. l' he Contracto r IS an indepe nde nt contractor cOfuroll i ng d eta i iSi meth ods a nd tech n iq ues 01 worKt it bel ng ag reoo th at the OV/ner
sha IJ loak on Iy to the resu Its.
INSURANCE~ The Contractor shall maintain public liability insurance and workers compensation insurance in effect at all times when
performjng under this Work Order and wi][ provide proof lpon request. The insurance must comply with any insurance specifications that may
be attached.
MISCELLANEOUS. This Work Order is...9overned by Texas law. All obligations are performable in the oounty where the v..ork is delivered 10.
Owner. Venue lies in the appropriate state court in and for thatcounty. Any prevjoos agreements between the parties relating to the same
work are merged into and induded in th is Work Order. Thjs Work Order is the full and final expression of their agreement. This Work Order
ma y on Iy be a men ded in writi ng. app rO\ed by the Owne r s 9 ove rn i ng bod y .
City of West universiB Place. . Owner. By: J~ ~/cn-n w- Date: :3/80 /~r
Owner Liaison: PA-T e I c ht I Alfe-r~ t 3800 University Blvd, Houstont TX 77005. I certify that this obligation
complies with a budget appropriation (Account #401-50!}(J-536.43-60) and that there is or will be enough unencumbered money in that
account to meet the obligation when it is due. By: -e-v/ a,t.-1f diU ~ () , Finance jiJP'ector
Strutton Plumbing Co. J Inc. ("Contractor"), a Texas corporation By: 1'4. ~~
Date:
Address: 5805 Cypress St, Houstont Texas 77074 Phone:713-774-9197 Fax: 713-490-6299