HomeMy WebLinkAboutORD 2006-086 ORDINANCE NO. 2006-86
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Ordinance are hereby repealed to the extent that they are inconsistent with this Ordinance.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.
APPROVED:
William D. Tate
Mayor
ATTEST:
4444 if —rite
Linda Huff
City Secretary
APPROVED AS TO FORM:
John F. Boyle, Jr.
City Attorney
ORD. NO. 2006-86 2