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HomeMy WebLinkAboutOrd 1793 - lateral house lines Ordinance No. 1793 AN ORDINANCE RELA liNG 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 rnay 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main constructed by the City; and WHEREAS, the request and consent was executed in accordance with law, it has not been revoked or withdrawn, and it has been filed with the City Secretary; and WHEREAS, the Director of Finance of the City has initiated the process for the City to handle such work,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, worjs 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 wordJ 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 Ordinancel 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 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 ~ ...-;/ Councilmembers Voting Aye: CouncHmembers Voting No: Councilmembers Absent: ,~J (/.. Attest: Signed: it SecrE~.tary J ,(8 ~ fyy'..J n:>1 /l)~0 f PVJ? Recommended: ICfp/J City M nager .M l ~ct d--loss FORMS ASM-201 0 lateral house Jines 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 UProperty:n TR 1A BLK 88 (001 *TRS 6 & 7) WEST UNIVERSITY PLACE SEe 2 Street address: 3223 Albans, West University Place, Texas I or we, Aglaia Sotirelis (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 PropertY4 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 than ten percent (100/0) without my written permission, I will be obligated to pay 60/0 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 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 of 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). 20m- \\\ \\\l \ 1 ~ I J t ~, 1II11111l '\~\\\,\ "'" \ Y A 111/4h ~'\ G h \ "I ^ ~ ~ ~..." r; ~ · · u . · . ~. t- ~ ~,' ~~ y ~. 0 ~ ~ 4.... '..~. ,~~ p v...~ :r~ ~ ." 0*0' ~. oO'\"'\.~ ~ :' <- ~",p.% ~ {~ .:' ~ I % \ ..,/'~ .,J't" / @ 0;:; \ ~OF t~~r / ~ ~ . ~ ~ ~ "\ 0 .....~P'RE~..... # ~ ~ ..~..... ~ ~ ~ijlllll.' 19.. 2 00 ~'*~~ ~~bY STATE OF TEXAS COUNTY OF HARRIS ,. This instrument was acknowledged before me on 4- 1 (Seal) 1 it l n h "\} My Commission Expires: ~ 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' TR 1A BLK 88 (001 *TRS 6 & 7) WEST UNIVERSITY PLACE SEe 2 Street address: 3223 Albans, West University Place, Texas TO: Aglaia Sotirelis, 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 reJocation 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 $3580.00, 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 a,~ i , 20e?S Mailed on: a/tUX 2/~~ Director of Finance cJ/1~/~;?1 tt--1 City of West University Place Delivered on: ~ ~ do (j-S:". 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:" TR 1A BlK 88 (001 *TRS 6 & 7) WEST UNIVERSITY PLACE SEe 2 Street address: 3223 Albans, 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 against the Property. (2) I received the UNotice 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 WOR~, THE WORK MAY PROCEED AND THE ASSESSMENT MAY BE MADE AGAINST THE PROPERTY WITHOUT FURTHER CONSENT FROM THE OWNER~ SIGNED: JjjJ~d'~ -J;Zhok /Ii I <2/ ef..- :5:::;-/-/ k. e/ ~:s STATE OF TEXAS (Seal) d. In _ n /,,,,,', " My Commission Expires~o \\ \\, \\ \ U 1 U frIll 11/1/1/1 ~,\\\"\ " A P 1'IIIIQ.l ~ ~\, · 0 0:: #' h...\~.~ ~.. ~ ~. w.. r~ ~ 'S:i- l~ f ~ ~ ~ P 1.1 '. 'J '^ ~ ~ <.t..." / ~, 8 .~. ", ~ ~~/'~*(/\ ~ g :~ 0 ()~.. ~ ~ ~z ~~ ~ % ~. cJ) ~.: ~ ~ ... A/,€ Of ,I(" / ~ ~ .... ~c;, / ~ ~ '.~~ ~XP\~~." ~Cb H ~ 0 ...u.~" Ov ~ ~I.IIII. 4.. 1 9.. rx ""/f/JIIUU 1'1\ \\\\' COUNTY OF HARRIS 4-1 , 20 D l) . SIGNED AND SWORN TO on ;/13 882 S,e04 '# 2/ .2 Farm EHo...118 (rav~41lD) WORK ORDER (CONTRACT) DESCRIPTION OF THE WORK: rnstall relOca'C.ad or z-splac:ement; w:a.t:~J:' and !:iewer la.eeral house lin.e.a at 3223 A.lb8.D.B Roa.d., West univ@raity Pl:ioe" ~a.s.. a1~ as rn.c2:'e fulJ.y desc:rib~d in the atta.ched. proposal. Contractor will provide. all ma.t~iQls and ~abor and. a ~ertific::ate of cGmlpletion.. TIME TO COMPLETE: 30 calendar /paYfl AGREED PRICE(s): $~590.00.. A TTACHMENTS: Proposal dated ~.l.f- !2DD:J GENERA~ This Ft1rm, 'tOgether with any attachments Jrsted. constitutes tile complete ~greem9nt ('Work Order~) bet\Neen the .iOwnsf' and the nContra.ctor" IdenOOed befowa J n case of any conftict or Inconsistency betv/eCin 1hls Form and the rest of the Work. Order, this Form controls. 11Me ANO WORK. Except to the extent othGrthise sped 'fled ~ the Contractor sha"~ (I} 'COmmence \he YJDrk lmmedia~y ~ (ll} prosecute the wor'ic: dut~enlfy. and (iii) complete aU the YvtJrk VJifhfn fhe- tlme spec(flBdl but not IOflger than a f'e9sonable tfme tJ"tBt meets ths 0VJrrer's nsadEi and Intended uses for tJ1e VJOrk.. The \M:Irk Includu all goods. and services m~ntlon8d in the attachments together trVIlh any Dther ftems necassety to 8ccom pUsh the Ovmer.s purposes tor entering Into thiS WOrk Order (or usueJJy provid~ in connection \Nfth slmlfar \NOm). AU goods shan: (I) be new and free of defects fn titls4 desjgni material and workmanship. {ill comply with this Work OrdBri (fU) not lrrfi1nge any patent, ccpyrfght or a!her proprietary right, and (Iv} be of ttte best quality gsneralty .avaUable, unless Qtharwfse specfflad ~ AU s~rvte65 shall be performed in a good' and workmanlJka manner by trafned and skilled person9 having an necessary licenses a.nd pennita and m use meet or G)(CSOO appUcabts fegal and mgUlatory requirements and prevaHing standards for such servJCes in th 9 HoustOn area& The Owner shatl have the right ro use all work pJ'()duem of this Work Order~ REPAIRSJ ETC. At no additional charge, the Contractor shall ra-do or replace any task or work product 'Nhlch. appears to be mi~taken4 defectIve or not ~n compUanceYAth this Wor\< OrdeTVJittrin one ysar follov.ing the date Ole final payment Is made undatihls AGraement AdIon to ~do or r.splaca must begIn \\'fthfn ten days following the date the Coniractor becom e.s 31Nare of (he problem and must be completed at the earnest prac6e.abfe time. ff any Jtern Is redone or repraced," the Contractofs obligation to re-<Jo or teprace Il again extends to aU slmlFaror related .orl)blems appearing on or b9'fOfQ (he 1 BOth day fOlra'IVJng the day the fBo<folng or rep'acem ant Ie finIshed.. PA YMENTS.. Payments accru8 an.(y to the e)(tent that {i) spedfte tasks caned for by this Work Order ara eomp~eted by the comractor 11 and (ii) any related \YOrk products are deJivetad to the OWner Liaisont an in .a form satlsfylng the Owner's n&1eds and 'ntended usGs.. and aU rn acoordance with thIs Work Order. To receive payments, the Contractor must submIt Itemized rnvoJces .showing the speclfle Teske and wOrk products for wnfch payment has accrued, including proofs at compJe1ion and the appltcabla prlce(s) from this Work Order. Arl invoice amount9 must be reasonable, not more than ffle Contractor generally charges fer the 9al119 or sImilar ttams and supported by documentaUon as the OWner liaison may request. The Contractor will allow the Owner Ualson to inspect and copy the ~ and recolds of the Contractor, in Houston. if requested_ Within approxImately 30 days following revie1N and .approval of an Il1VCIlce (which may require action by the govemlng body). payments Invafced which have accrued and com ply with thfs Work Order shall 00 mailed to the Contractor.. No COJtectfOFl fees. tines, penaJtfest Interest, attomeys' fees or taxes shaH be added to any payment by 1118 0\Nnet.. lhe methods and procedures for paymsnt in this Work Order are exel~iV8. REMEDJES*, AU remedies mmaln avaUabJe. except as limited by thIs csragraph. NeIther party 9haJr ~mrinate rts petformance because of a breach by the other party without 111"91 notrl)lIng the other party of the faol9 reIa1lng to the breach and providing to the other party at feast ten days in whrch to cure the breach . TerminatIon dOes not affect any rights or dutles of the partfss whrch expressly Dr by the1r nature contInue past terminatIon. No waIver of breach or default Is a waiver of subseq uent breaches or defautts of any kindl The Qvmer ahell .have the right, without breach or eausel to terminate the Contractofs duties to perform under this Work Orderl as. \YeJl as the Owner's duties to paYI by notifying the Contractor. Upon receipt of suCh a notice, .and unless the notice dlrectt Olherwlse, Contractor shaU immediately discontinue the perfonnance of VJOrk~ The OVmer shall make payments only to the extent they accrue prior to SUCh a termlnation (see "PA YMENTS~ above).. NOTICES. Unless ornen.Vlse provided In 1I1is Work Order. any natlea or other communtcaUon to a party (ttncUceij must be wtitt&l't Notice may be deposited fn the UnIted States malt: (i) pos!age prepaId, (il) regIstered tlr eertl8edl and.(m) properiy addressed to the party to be nctJfiect Notice So deposited Is effedlve from and after the third day f<JJlOWjOQ tha day of deposit. Notice gJvan othet1Nise is &ff'ecllva onry when actually recel'/ed. For aU noticas. the onty proper addrsss 01 a party is shoV\rTl beneath that partys sisnBlurei befow, until changed by no1ice from that party to "the other. ASSIGNMENTS, PARTIES,. ETC. Contractor shaH neither ass rgn Us interest nor delegate or subcontract its performance without tne WTitt&n consent of the Ov.rner Liarsona This Work Order shall bInd and benefit only the p.artrea hereto and their legal successors and assigns~ It shall not confer rights or benBflts upon any other person or entitYa The partJes are not partners (Jf joint venturers~ The Cnn1ractar Js not an agent for the ONner _ The Contractor is an independent cnntractor controtting detaUsll. methods and techntqu8S. of wort., It beIng agreed that tile ONner shall look only to the results. INSURANCE. The Contractor shalf maintain public liabiUty insurance and worksrs eompensation inSurance 'n effect at eU times 'Attlen performing UndElf this Work Order and 'NiJJ provrde proof upon request. The ;nsuranoe must ccmpw with any ineu~nee speelflc:atlons that may be. atta.chad_ MJSCEc..LANEOUS. This Work Order Is governed by Texas law. All obligations are performable In the county where the \lVDrk ~s deUvered to O\Nner~ Venue ~es in the approprIate stata court in and for thet county. Arr:I prevloue; agreemer1ts between the partles relating to the same work are mersed into and Included in this Work Order. This Work Order Is the furl and final expression of their agreement. This Work Order maY' only be amended in writing. ap.proved..by the Owner's govemtn y- - Cit of West U'niversit. PlaCe! Owner. By: . Date "1-~ Owner Liaison: "CJ< ~ I SOO Univ ir; Blvd. Hcusmnt TX 17005a i cerlJfy that this obligation compliss with e budget approprlaJJon (Account # ) and th8t there Is or will be 9nough unencumbered money In that account to m8st the obligation when it is due. By: /J . FJ!!..ance DJractry ~ c.",,", rc..."'- 51Lf'v: dkt:) ("Contractor"), l!l. T~u c:orporation By: ~ 1~0r- ~___ l kEN ~tIlS Da.te~ 4./r:;10~ ~ ~~\ r:. "\ ~ Addr~Ss: ~~ Clo X '9 sjB'i (--loL/~ r 0,,\ ~~_ 7J~ )q Phone: ~..- '-\ q ( ... ~Coaa II Fax~ '113- -,3~ "O~.:J 0 . I . . ~ , I\,.