2001-071-ORD DETERMINING NEED FOR SANITARY SEWER SYSTEM IMPROVEMENTS IN SPECIFIC SUBDIVISIONS

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in which there is a default in the payment of the amount assessed; or the City may refuse water or sewer service to the owner of such property until the owner pays the City the assessment made against the property. All assessments hereunder are collectable with interest, cost of collection, and reasonable attorneys fees. Section 14. That the City Council does hereby authorize at the City Manager's discretion the issuance in the name of the City of assignable certificates as evidence of the assessments levied hereunder, thereby declaring a lien on the property and the personal liability of the owners, whether named correctly or not, against whose property such assessment is made. The terms and conditions of the certificates hereby authorized shall be the same as those terms and conditions set out herein for payment ofthe assessment. Any certificates so issued shall substantially state that the required proceeding relating to the project and the improvements referred to in the certificate has been held in compliance with state law and all prerequisites to the fixing of an assessment lien against the property described in the certificate and the personal liability ofthe owner ofthe property has been performed. The certificate shall be prima facie evidence of all matters recited therein, and further proof shall not be required. In any suit on an assessment or reassessment in evidence of which a certificate may be issued under this ordinance, it shall be sufficient to allege the substance of the recitals in the certificate and that those recitals are true. Further allegations with reference to the proceedings related to the assessment shall not be necessary. Section 15. That there is hereby assessed and levied a lien for payment ofthe assessments made hereunder, such lien to be assessed and placed against the benefitted property as described in Exhibit A attached hereto. Such assessment shall be a first and prior lien on the assessed property, taking effect on the date that any notice of proposed improvements shall be made as required under Section 402.067 ofthe Local Government Code. Said lien shall be and is hereby claimed superior to any other lien or claim except a State, County, School District, or Municipal Property Tax Lien. Section 16. That the assessment made hereunder shall be and is hereby further designated as a personal liability and charge against the owners of the assessed property on the date on which the aforesaid lien takes effect, whether or not the owners are named in a notice, instrument, certificate, or this ordinance, provided further that such personal liability shall be claimed in the first instance against those owners as named in Exhibit A attached hereto. Section 17. That the City Council does hereby authorize the City Manager, the Finance Director, the City Clerk, or the City Attorney to file a notice or notices with the County Clerk of Lamar County, Texas, signed by one of the officers designated herein on behalf ofthe City stating that the City Council has determined by order ofthis ordinance that sewer system improvements as identified herein are necessary, and further identifying the required improvements by location or otherwise, and stating that a portion ofthe cost ofthe improvements, as said portion is stated herein, is to be and has been specially assessed as a lien against the benefitted property, as such property is described in Exhibit A attached hereto. It is not necessary that said notice give details or be sworn to or acknowledged; the notice may be tiled at any time, but when such notice is filed, the same shall be recorded by the County Clerk in the records of mortgages or deeds of trust for Lamar County and shall be indexed in accordance with state law.