HomeMy WebLinkAboutOrd 1795 - lateral house lines
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Ordinance No. 1795
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.
WHEREASf 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 C'CityU),
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; (Hi) the
request and consent document was executedt was not revoked or withdrawn and was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
WHEREASt the contractor has now certified that all work has been completed in
accordance with the contract, as shown in Exhibit At 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 interest, 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, attached, 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
interestf 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 Bf 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 Council officially findsf 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 Jaw 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 e_ffect 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 passag~ and approval.
PASSED AND APPROVED on
Counci-Imembers Voting A .
Councilmembers Voting 0:
Councilmembers Absent:
I aJOS--:
Mayor
Reviewed: J
City Attorney
Signed:
Farm s ASM -202 0 ho use fines FINAL & LI E N
07/201t005 16:0~ ~AX 713 774 7114
R9SGnd ?-1~-05: 2:43PN;W~ST UN!V~ASITY
S11{UT"rON 1'LlI.M.J31NG CO 1 NC
l4J OU1
;713 662 5804 ~ Z/ Z
Exhibit A
CERTIFICATE OF CONTRACTOR
THAT WORK HAS BEEN COMPLETED, ETC.
Re: Th e fol lov II ng desori bed II Property: l' Lt 4 BJ k 1
Cunningham Terrace
Street address: 3923 Riley
Th e follo\lving described UContract: IJ
Contract between Strutton Plumbjng Company, Inc, as contractor. and the City of West
University Place) Texas C~City'~} dated April 11 t 2005 for performing the work for
re~locatfon or rep~acement of the water and sewer lateral house lines on the Property in
ac;oordance wlth Section 402.901 of the Texas Local Government Code..
'The undersignE~d, being the contractor performing work on the Property as called for by
the Contract, cl~rtifies as follows:
(a) a~1 such work has been completed in accordance with the Contract and
also in accordance with'the appJicabJe codes and ordinances of the City;
(b) the cost of the compJeted work is $11975..00~ and this amount does not
eJcceed the original contract price; and
(c) p(~yment in such amount is now due and is requested.
SrGNED and CERTIFJED on \.'! LL
Contractor: Strlltton Plumbing Company, Inc.J
H+. .
STATE OF TEXAS.
COUNTY OF HARRIS ~
This i~trument w"ls aCknow;tsed before me on .... .W Y I 9
~)&J. n W/', re. t ~~A'~ M tr of
~1L:H#.n /.r;z;;;;;b01!J ea. :7 #? €. ' ,a
on behalf of said
(sea!)
My Commission E):pires: IZ-- 2.()- 01
No
STATE OF TEXAS
COUNlY OF HARI~IS
This instrument wa:s acknowledged before me on
t 20_ by
(seal)
My Commission Expires:
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 foJJowing descrfbed UProperty:l~ :u Lt 4 BJk 1
Cunningham Terrace
Street address: 3923 Riley
The following described "Contract"
Contract between Strutton Plumbjng Company. lnc., as contractor. and the City of West
University PJace, Texas C'CityU) dated April 11 , 2005 for performing the work for
relocatjon or repfacement of the water and sewer Jaterar house fines on the Property in
accordance wjth Section 402.901 of the Texas Locar 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 $1l975.00.
By the adoption of Ordinance No.1793 on April 11 , 2005 and Ordinance No. 1795 on
July 25, 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 ordinances, all as authorized by Section 402.901 of the Texas Local Government
Code.
SIGNED and CERTIFIED on .~r ,;/.(
~
20#.5 .
CITY OF WEST UNIVERSITY PLACE, By: ILlalx. dA~~"
3800 University Blvd.. Houston. TX 77005 Name:
Director of Finance of the City
STATE OF TEXAS
COUNTY OF HARRIS
This instrument was ackn-9wJedged before me on
~d At//~ 7A d/1/ A-.i
University Place . Texas.
KAYlYNN HOLlOWAY i,
Notary Public, State of Texas ! '
My Commission Expires ! ~
AprU 15) 2007 ~ ~
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( sea t)
My Commission Expires: ~-,../s-=-o 7
AFTER RECORDING return to:
Cjty Secretaryt City of West Unfversity PJace.
Houston, Texas 77005
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,ii\ STRUTTON PLUMBING COMPANY, INC.
5805 Cypress street
Houston, Texas 77074-7820
(713) 774-9197
FAX (713) 7747114
JlLl1
INVOICE - S
7057
TO: City of West University Place
Attn: Patrick Walters
3826 Amherst
Houston, TX 77005
DATE: May 3, 2005
JOB NAME:
JOB LOCATION: 3923 Riley
Due Upon Receipt
Daren
05-00000744
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27-Apr-05
Install 411 Schedule 40 PVC sewer line from existing sewer stub out $ 1,350.00
to new sewer tap provided by the City of West University Place.
Install 1 It Schedule 40 PVC water line from existing water stub out $ 625aOO
to new water tap provided by the City of West University Place.
PQI (1I1Ip pi) .OR.
AcOlil
MorehJ5vG : roefJived in 1~,4 ~er:? l;':;;;l~ ..,..... .~."... $ *
YESLqN o lnitia 18 (;/# U/~ rE .. /~.-~k~~) Q
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Close Reg ular P. O. '1 ym i~ I "- I (-'I'~ u,J ?)\c1\
Paym.ent J ..uthortloo? YfN
Inilials Amsunt ....- Labor and Materials $ 1 ,975~OO
Date Amf1 orized L ~
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COMMEI' rTS:
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cern Total Balance Due $ ':. 1,975.00
This finn operates under the licensure of the Texas State Board of Plumbing Examiners
P. 0, Box 42001 Austin* Texas 78765
(512) 458-2145