ORD 1994-14 - Agreement For Sewer Improvements (Assess Lien-214 Ave L) 05-10-1994ORDINANCE NO. 94 -14
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
HUNTSVILLE, TEXAS, AUTHORIZING AN AGREEMENT WITH THE
OWNER OF THE PROPERTY AT 214 AVENUE L (SAM HOUSTON
AVENUE) FOR SEWER SYSTEM IMPROVEMENTS; ASSESSING A
LIEN AGAINST THE PROPERTY IN ACCORDANCE WITH CHAPTER
402 OF THE TEXAS LOCAL GOVERNMENT CODE; PROVIDING FOR
THE PAYMENT OF THE IMPROVEMENTS; PROVIDING FOR
ENFORCEMENT OF THE LIABILITY; AND MAKING OTHER FINDINGS
AND PROVISIONS RELATED THERETO.
WHEREAS Chapter 402 of the Texas Local Government Code authorizes the City of
Huntsville, Texas, to operate utility systems, including water and sewer systems,
inside and outside the City on terms the City considers to be in its best interest;
and
WHEREAS
WHEREAS
Chapter 402 generally authorizes the City to assess a lien against an owner's
property for delinquent bills for municipal utility service to the property; and
Chapter 402 authorizes the city to refuse to connect or to disconnect water or
sewer service in order to aide in the enforcement of a liability for utility service;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
HUNTSVILLE, TEXAS, that:
Section 1: The City Council hereby authorizes and directs its City Manager and City
Secretary to execute and attest to an agreement for sewer improvements in
substantially the following form:
CONTRACT FOR SEWER IMPROVEMENTS WITH LIEN
This is an agreement by and between the City of Huntsville, Texas, a home -rule municipal
corporation situated at 1212 Avenue M, Huntsville, Texas 77340, and (or the
true owner of the property), who lives at , and is hereinafter called the
property owner.
WHEREAS the property owners desire to have constructed upon the following described
premises, and the City's streets and easements adjacent to the premises, sewer
improvements in accordance with the plans and specifications on file in the City
Engineer's office; and
WHEREAS the City agrees to construct and install such improvements with the financial
assistance of the property owners;
NOW THEREFORE,
The City agrees with the Property Owners that it will construct the above described sewer
improvements. In consideration therefor, the Property Owners agree to pay to the City the sum
of $ , as follows:
an initial payment of $ , with the balance of
$ to be paid in successive monthly installments of
$ each, including interest at the rate of 6% per annum on
the unpaid balance, the first monthly installment to be due and
payable on the first day of the month thirty (30) days after the
completion of the work, and the other payments shall be due on
the same date of each successive month until the total has been
paid in full.
This contract may be paid in full at any time without penalty.
To secure the payment of this contract, the Property Owners give and grant to the City a
mechanic's and materialman's lien on the above described property, and all the buildings and
improvements now thereon, or which hereafter may be placed thereon. Additionally, property
owners acknowledge the right of the City to refuse to connect or to disconnect water or sewer
service for nonpayment of the obligations herein.
(Acknowledgment)
State of Texas
County of Walker
Signature
This instrument was acknowledged before me on the day of , 1994, by
Notary Public, State of Texas
PASSED AND APPROVED on the ID day of MLt , 1994.
THE CITY OF HUNTSVILLE
W. H. Hodges, Mayo
ATTEST:
fib
a Welter, City Secretary
id,eittit)
APP VED TO FORM:
uffSco Bo ds, City Attorney