2025-010 - Amending Chapter 12, Utilities, of the city of paris code of ordinances to authorize the filing of liens for delinqent water bills on non-homestead properties

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ORDINANCE NO. 2025-010 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS AMENDING CHAPTER 12, "UTILITIES," OF THE CITY OF PARIS CODE OF ORDINANCES TO AUTHORIZE THE FILING OF LIENS FOR DELINQUENT WATER BILLS ON NON -HOMESTEAD PROPERTIES; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, A PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Paris, Texas operates a public water and sewer service utility (Utility); and WHEREAS, it is vital to the financial health of the Utility that customers pay their Utility bills in a timely manner each month and do not run up arrearages for unpaid services; and WHEREAS, it is unfair to Utility customers who pay their bills in a timely fashion to require them, in effect, to subsidize the utilities of non-paying customers; and WHEREAS, Section 12.02.010, "Discontinuance of water service for failure to pay; right to hearing," of the Code of Ordinances provides that after notice and a right to hearing, the city may disconnect water and sewer services from a property for unpaid bills which is a valuable collections tool but which may be ineffective in certain circumstances such as when a delinquent customer sells the property; and WHEREAS, from time to time, the city has attempted to work with customers to give them the opportunity to pay their bills without resorting to disconnecting their water and sewer services, which in some instances has led to the accumulation of arrearages; and WHEREAS, Tex. Local Gov't Code Sec. 552.0025 provides that a municipality may, by ordinance, authorize the imposition of liens against non -homestead property for failure to pay for municipal utility services; and WHEREAS, the City Council finds that it is the best interest of the Utility and its ratepayers to amend Chapter 12, "Utilities," Article 2, "Rates, Charges and Service Policies," of the Code of Ordinances to add a new Sec. 12.02.011 to authorize the city to place such liens on non -homestead properties so as to more easily collect on arrearages which threaten the financial health of the Utility and may result in higher utility rates for other ratepayers;