HomeMy WebLinkAboutO-1993-1898
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ORDINANCE NO. 93-!898
AN ORDINANCE ADOPTING THE PROVISIONS OF SECTION 402.0025, TEXAS
LOCAL GOVERNMENT CODE, IMPOSING 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 RENDERED TO THE
PROPERTY; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND
PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
section 1. The City Council of the City of La Porte hereby
adopts the provisions of section 402.0025, Texas Local Government
Code, subparagraphs (d) through (h), imposing a lien against an
owner's property, unless it is a homestead as protected by the
Texas Constitution, for delinquent bills for City of La Porte
utility service to the property.
section 2. The City of La Porte's lien shall not apply to
bills for service connected in a tenant's name after notice by
the property owner to the City of La Porte that the property is
rental property.
section 3. The City of La Porte's lien shall not apply to
bills for service connected in a tenant's name prior to the
effective date of this ordinance imposing the lien.
section 4. The City of La Porte's lien shall be perfected
by recording in the real property records of Harris County, a
notice of lien containing a legal description of the property and
the City of La Porte's utility account number for the delinquent
charges. The City of La Porte's lien shall include penalties;
one percent (1%) interest per month on the unpaid balance; and a
collection cost of Fifty Dollars ($50.00).
section 5. The City of La Porte's lien shall be inferior to
a bona fide mortgage lien that is recorded before the recording
of the City of La Porte's lien in the real property records of
Harris County. The City of La Porte's lien is superior to all
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ORDINANCE NO. 93- 1898
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other liens, including previously recorded judgment liens and any
liens recorded after the City of La Porte's lien.
section 6. The City Council officially finds, determines,
recites and declares that a sufficient written notice of the
date, hour, place and subject of this meeting of the City Council
wa~ posted at a place convenient to the public at the City Hall
of the City for the time required by law preceding this meeting,
as required by the Open Meetings Law, Article 6252-17, Texas
Revised civil statutes Annotated; and that this meeting has been
open to the public as required by law at all times during which
this ordinance and the subject matter thereof has been discussed,
considered and formally acted upon. The City Council further
ratifies, approves and confirms such written notice and the
contents and posting thereof.
Section 7. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
PASSED AND APPROVED, this 26th day of April, 1993
Mayor ~
ATTEST:
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~r1e B"ac , C1 Y Secretary