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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