ORD 1996-09 - Water-Sewer Improvements - Lillard (With Lien) 08-13-1996ORDINANCE NO. 96 -09
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
HUNTSVILLE, TEXAS, AUTHORIZING AN AGREEMENT WITH THE
OWNER OF THE PROPERTY AT 318 WATKINS FOR WATER AND
SEWER 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 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
WHEREAS 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 WATER AND 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 Margie Lillard, who lives
at 122 Hickory Hill Lane and requests water and sewer improvements at 318 Watkins, 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 will construct the above described water and sewer
improvements. In consideration therefore, the Property Owners agree to pay to the City the sum
of $1,261.76, as follows:
an initial payment of $73.47, with the balance to be payed in successive monthly
installments of $73.47 each, including interest at the rate of 6 % per annum on the unpaid
balance, the first monthly installment to be due 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.
BY SIGNING BELOW, ALL PARTIES AGREE TO THE ABOVE CONDITIONS:
Owner
Patricia Allen, Dir. of Finance
Gene Pipes, City Manager
ATTEST:
Danna Welter, City Secretary
Date
Date
Date
APPROVED AS TO FORM:
Scott Bounds, City Attorney
SECTION 2: This ordinance shall take effect immediately upon passage by City Council.
Passed and approved this 13th day of August, 1996.
THE CITY OF HUNTSVILLE
William B. Green, Mayor
ATTEST:
Danna Welter, City Secretary
TO FORM:
Scott Bounds, City Attorney