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HomeMy WebLinkAboutItem 12 - Filing of Liens for Unpaid Utility AccountsAuthorizing filing of liens for unpaid utility accounts arrears. With the ability to proceed with this collection process in a more timely manner, staff believes we will have a better success rate in collections. VVAG/aIt AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS AMENDING THE GRAPEVINE CODE OF ORDINANCES CHAPTER 25 UTILITIES AND SERVICES, BY THE ADDITION OF A NEW SUBSECTION RELATIVE TO LEINS AGAINST PROPERTIES; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE WHEREAS, the Texas Local Government Code § 402.0025 provides that a municipality may by ordinance impose a lien against an owner's property, unless it is a homestead as protected by the Texas Constitution, for delinquent bills for municipal utility service to the property; and WHEREAS, the City Council of the City of Grapevine, Texas hereby declares it to be in the best interest of the citizens and businesses of the City to amend Chapter 25 of the City of Grapevine Code of Ordinances to provide for liens against properties with delinquent utility bills. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section 1. That all matters stated in the preamble are hereby found to be true and correct and are incorporated herein by reference as if copied in their entirety. Section 2. That Chapter 25 Utilities and Services, Section 25-38 of the Grapevine Code of Ordinances is hereby amended by the addition of the following subsection: "(e) Liens against properties with delinquent utility bills The City may file a lien against an owner's property, unless it is a homestead as protected by the Texas Constitution, for delinquent bills for municipal utility service to the property as allowed by state law." Section 3. That this Ordinance shall be cumulative of all other Ordinances and shall not repeal any of the provisions of such Ordinances except for those instances where there are direct conflicts with the provisions of this Ordinance. Ordinances or parts thereof in force at the time this Ordinance shall take effect and that are inconsistent with this Ordinance are hereby repealed to the extent that they are inconsistent with this Ordinance. Section 4. If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance, or application thereof to any person or circumstance, is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of the Ordinance, and the City Council hereby declares it would have passed such remaining portion of the Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. Section 5. The fact that the present ordinances and regulations of the City of Grapevine, Texas are inadequate to properly safeguard the health, safety, morals, peace and general welfare of the public creates an emergency which requires that this ordinance become effective from and after the date of its passage, and it is accordingly so ordained. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 19th day of December, 2006. ORD. NO. 2