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HomeMy WebLinkAboutOrd 1794 - lateral house lines Ordinance No. 1794 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 relocation or replacement of lateral house lines on the owner's property; (ii) such lateral 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main or water main constructed by the City; (iii) the request and consent document was executed, was not revoked or withdrawn and was filed with the City Secretary; (iv) the Director of Finance of the City initiated the process for the City to handle such work, having made the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 WHEREASJ the contractor has now certified that aU 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 UNIVERSITY PLACE: Section 1. The matters set out in the preamble hereof are found and determined to be true 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 interestJ as provided in said Section 402.901, issue a release of the assessment and lien~ For this purpose: (i) the principal amount is the amount of the payment shown in Exhibit A, attachedJ and (ii) 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 described 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 Ordinance are repealed to the extent of the conflict only. Section 5. 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, phrase, clause, sentence, paragraph, section or other part of this Ordinance to any other persons or circumstances, shall be affected thereby. Section 6. The City CouncH officially finds, determines and declares that a sufficient written notice of the date, hour, prace 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 7. 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 Councitmembers Voting Aye: Councilmembers Voting No: Councilmembers Absent: Attes; ~~ ity Secretary ( al) Recommended: Forms AS M-202 0 house lines FI NAL & LI EN ~3 ~ ~t7~ Signed: Mayor Reviewed: .......\W,JJ ~. City Attorney Exhibit A CERTIFICATE OF CONTRACTOR THAT WORK HAS BEEN COMPLETED, ETC~ Re: The following described UProperty:u Tr 3 Blk 89 (001 * TR 6) West Un[vers[ty Place See 2 Street address: 3223 Albans The following described nContractJJ Contract between Church Services, as contractor, and the City of West University Place, . Texas ('CityU) dated April4~ 2005 for performing the work for relocation or replacement of the water and sewer lateral house lines on the Property [n accordance with Section 402.901 of the Texas Local Government Code. The undersigned, being the contractor performing work on the Property as called for by the Contract, certifies as follows: (a) all such work has been completed in accordance with the Contract and also in accordance with the applicable codes and ordinances of the City; the cost of the completed work is $3,580, 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 ~ II 7 2oD~ I By: 1 ~J- fr.- Name: l~ t:-~rr \ S Title: O'v ,- 5.-1>'(\ Ml'J\t~ (b) Contractor: Lhvr~ 5erV,'"vrLb STATE OF TEXAS COUNTY OF HARRIS ~ . 'l This instrument was acknowledged before me on .~~ ~ ~ J of ) 20~by ~.~ ,8 on behalf of said (seal) _ ~ \ ~ \ ( My Commission EXPires:~ 0\0., STATE OF TEXAS COUNTY OF HARRIS This instrument was ack~owledged before me on 'U2-r\ Feu-r\ ~ .p (seal),.", \..-, \ t My Commission EXPires:~ 0 \0 ~ Notary Public S\ J:J \., ~ ,-- l 20.D..d by ~n~if<-'~'."" - ~ ... -,., ~. - -. - - .. . - -~ ~ ~~~,;~~Iihl:~~' c\JA M~ SMtiH ...... o~ ~...l!:t ~<(. f~.'X~ '\ Notary Pub!cr S1at6TA TGUlS ~*~~.~.,:*i MyComflimim~ \..~;;;~n.~~~i DECEMBER 7.2006 ~'(I"'rR!. ~,\\\...",~ _......._ .C"""~.....,,:)!'~f"Q;"''';~ ~ Notary Public Exhibit B 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 foJlowing described UProperty;H ;u Tr 1 A Blk 88 (001 * TR 6 & 7) West University Place See 2 Street address: 3223 Afbans The following described "ContractU Contract between Church Services, as contractor, and the City of West Unjversity Place, Texas C~City)) dated April 4f 2005 for performing the work for refocation or repracement of the water and sewer rateraf house Jines on the Property jn accordance with Section 402~901 of the Texas Locar Government Code. The undersigned certifies, on behalf of the City, as follows: (a) aU of the work under the Contract has been completed; and (b) payment has been made under the Contract in the amount of $3,580. By the adoption of Ordinance No.1793 on April 11, 2005 and Ordinance No. 1794 on May 23f 2005, 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 ordinancesJ aU as authorized by Section 402.901 of the Texas Local Government Code. 7Y~ ~~ / CITY OF WEST UNIVERSITY PLACE, By: c:lA'i.{1....~.i?-...., ~ 3800 Unjversity Blvd~J Houston, TX 77005 Name: Director of Finance of the City .'-- 20 t?J ~ SIGNED and CERTIFIED on STATE OF TEXAS COUNTY OF HARRIS This instrument was acknowledged before me on /!/!#/kb l;tAoM/fd University Placet Texas. ( s eaJ) My Commission Expires: ~,-:/y,tJ:/ .. KAYlYNN HOLLOWAY Notary Publ ic~ State of Texas My Comm\sston E:)(.pires AprU 16t 2007 AFTER RECORDING return to: Cjty Secretary} City of West University PJace, Houston, Texas 77005 4- 5-05; 8:06AM;WEST UNIVERSITY ;713 662 5804 # 2/ 2 , r Form BIO.118 (rsv.4-QO) WORK ORDER (CONTRACT) DESCRIPTION OF THE WORK: Install relocated or replacement water and sewer lateral house lines at 3223 Alban':! Road, West University Place, Texas. al~ as more fu11y described in the attached proposal~ Contractor will provide all materials and 1abor and a certificate of completion. TIME TO COMPLETE: 30 calendar ~~atr ATTACHMENTS: Proposal dated ~'r 2bD!5 GENERAL. This Form, together with any attachments listed. constitutes the comprete agreement ("Work Ordet-) between the IfOwner~ and the uContractorr identified below. In case of any conflict or inconsistency between thls Form and the rest of the Work Qrder~ this Farm controls. TIME AND WORK~ Except to the extent otherwise specified. the Contractor shan: (i) commence the work immediatelYt (Ii) prosecute the work dmgently~ and (iii) complete aU the work vvithin the tlme specified. but not tonger than a reasonabfe time that meets the Owner's needs and fntended uses for the work. The \oVOrk inc[udes aU goods and services mentioned in the attachm ents together with any other items necessary to accom plish the Owner~s purposes for entering inlo this Work Order (or usually provided in connection \Yith similar \NOrk). All goods shall: (I) be new and free of defects in tiUe. designl material and workmanship, ([I) comply with this Work Order, (in) not infringe any patent. copyright or other propJietary right, and (iv) be of the best CluaJJty generally available. unless otherwise specified. AU services shalf be performed rn a good and workmanlike manner by trained and skilled persons having aU necessary licenses and perm its and must meet or exceed applicable legal and regulatory requirements and prevailing standards for such services in th e H ouston area~ The Owner shall have the right to use all work products of this Work Order. REPA!RS, eTC. .At no additional charge~ the- Contractor shalf re-do or replace any task or \HOrk product which appears to be mistaken. defective or not in com pliance 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 V/ithin ten days foUowing the date the Contractor becomes aware of the problem and must be completed at the earnest practicable tlme~ If any item is redone or replacedi the Contractor's obrigatlon to re-do or repJace it again extends to aU simUar or related problems appearing on or before the 18Qth day fonowing the day the re-doing or repfacem ent is finished. PA YMENTS. Payments accrue only to the extent that (i) specific tas ks caUed for by this Work Order are campI eted by the Contractor. and (ii) any re' ated work products are deUvered to the Owner Liaison t aU in a form satisfying the Owners needs and intended uses _ and a'~ in accordance with thls Work Order. To receive paymentst the Contractor must submit itemized invoices showing the specific tasks and work products for which payment has accrued. including proofs of completion and the applicable price( s) from this Work Order. All invoice amounts must be reasonablel not more than the Contractor generaUy charges for the same or similar items and supported by documentation as the Owner liaison may req uest. The Contractor will allow the Owner Liaison to inspect and copy the books and records of the Contractor, in Houstonl if requested. Wrthin approxjmately 30 days following review and approval of an Invoice (which may require action by the govemf ng body). payments invoiced which have accrued and comply with this Work Order shall be mailed to the Contractor. No collection fees. fines~ pena't\es, interest) attorneys' fees or taxes shan be added to any payment by the Owner ~ The methods and procedures for payment in this Work Order are exclus ive. REMEDIES. AU remedies remain avaHablet except as limited by this paragraph9 Neither party shalf terminate rts performance because of a breach by the other party without first notifying the other party of the facts relating to the breach and providing to the other party at least ten days in which to cure the breach. T ermtnation does not affect any rights or duties of the parties which expressly or by thei r 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 rightl without breach or causet to terminate the Contractor.s duties to perform under this Work Orderr as weJl as the OWner's duties to pay, by notifying the Contractor. Upon receipt of such a noticet and unless the notice directs otherwise, Contractor shan immedlate~y discontinue the performance of work. The OWner 5 halJ make payments only to 1he extent they accrue prior to such a termInation (see KPA YM ENTSII above). NOTICES~ Unless otheJVJise provided in this Work Order, any notice or other communication to a party ("notice") must be written. Notice may be deposited in the United States maH: (i) postage prepaid, (Ii) registered or certified. and (in) properly addressed to the party to be notified. Notice so deposited is effective from and after the third day foUowi ng the day of deposit Notice given other\Vise is effective only when actually receIved. For aU noticesl the onty proper add ress of a party is shown beneath that partys signature, below, until changed by notice from that party to the other& ASSIGNMENTS,. PARTIES, erc" Contractor shan neither assign its interest nor delegate or subcontract its performance wlthaut 1he written consent of the Owner Liaison. This Work Order shall bi nd and benefit only the parties hereto and their I egal successors and assigns. It shall not confer rights or benefits upon any other person or entity. The parties are not partners or joint venturers~ The Contractor is not an agent for the OvJner~ The Contractor is an independent contractor controUing details. methods and techniques of work* It being agreed that the Owner shall look only to the results~ INS URANCE. The Contractor shall mai ntain pu bl ic liabj rity insurance and workers compensation insurance in effect at all times when performing under this Work Order and will provide proof upon request The insurance must comply with any insu~nce specifications that may be attached. MISCELLANEOUS. This Work Order is governed by Texas law~ All obligations are performable in the county where the work is delivered 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 included in this Work Order. Th is Work Order is the furl and fi nal expression of theIr agreement. This Wark Order _. may only be amended in writing~ approved by the Owner)s governin y. Cit Place OWner. Date q-4~ OWner Liaison: ~ ~t< ~ , 3800 Uni\J ity Blvd. Houston, TX 77005. I certify that this obligation complies with a budget appropriation (Account # ) and that there is or will be enough unencumbered money in that account to meet the obligation when it is due. By: FInance Dlrecto[ '\ 1';':. '.:.... . I ("dIAlSJ 0" v r(..~ SiLl V; c.e.,t; ("Contractor"), a Texas co:q:>oration By: llLA- J.= C':.A. _ L ke 1'\1 t'A'{' Date: i..\ /5/0 ~ . <~, Address: '~Ci C'}{2 ~ '79l)"'Oq HOl/sf 0"" Tk 771. 7q Phone: ~- 4. 'i (- ~C,oa Fax: 71.3- 113;).. ~oSS-o AGREED PRlCE(s): $3580. 00 ~ CHURCH SERVICES PLUMBING ELECTRICAL FOUNDATION REPAIR A1R CONDITIONJNG & HEATING Invoice No.: 10005 Invoice Date; 05/04/2005 Client: 32874 Si te : 32874 Page: 10f 1 CITY OF WEST UNIVERSITY ATTN: PATRICK WALTERS 3800 UNIVERSITY BLVD HOUSTON TX 77005 Service Location MRS SOTIRELIS AGLAIA 3223 ALBANS ROAD HOUSTON TX 77005 Work Order Id: 100301 Completion Date: Work R~ested: . REROUTE-JOB # 050259-6 WATER & SEWER LINE RELOCATION P.o. #: Mat/Sub/Other Charges: Ext'd Price__ TOTAL CONTRACT AS PER PROPOSAL QTY. 1.00 @ 31580.0000 $3,580.00 SUBTOTAL SALES TAX INVOICE TOTAL Q. ~c $3,580.00 $0.00 $3,580.00 THAN.K YOU .FO.R YOUR BUSINESS!!! PO BOX 79589 HOUSTON, TEXAS 77279-9589 281-497 -8602 FAA 713.932-0550