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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PARIS, TEXAS: Section 1. That the findings set out in the preamble to this ordinance are hereby in all things approved and are incorporated herein for all purposes. Section 2. That Chapter 12, "Utilities," Article 2, "Rates, Charges and Service Policies," of the Code of Ordinances shall be and is hereby amended to add a new Sec. 12.02.011 to read as follows: § 12.02.011. Utility Liens: notice and apPeal. (a) As authorized by Texas Local Government Code Section 552 0025 there is hereby imposed a lien on each property that is served by the city's water and./or sewer system to secure the payment of delinquent municipal utility services. (b) Said lien for delinquent utility bills shall not apply to any category of real property owner specifically exempted from such lien pursuant to the provisions of State law, including: g- (1) Homesteads protected by the Texas Constitution• Property of which service was connected in a tenant's name after notice by the property owner to the city that the property is a rental• or QA Property with delinquent bills incurred by a tenant of the property owner for a service account in the tenant's name prior to June 9, 2025, the effective date of this ordinance. (c) The lien shall be perfected by recording in the Lamar County Real Property Records a notice of lien containing a legal description of the property and the account number for the delinquent charges. The lien may include penalties, interest, and collection costs. A lien recorded under this section is inferior to a bona fide mortgage lien that is recorded in the Lamar County Real Property Records prior to the city's utility lien but is superior to all other liens, included previously recorded Judgment liens and an liens recorded after the city's utility lien. (d) Said privileged lien shall bear interest at the rate of ten (10) percent per annum from the date the first bill for which there is an arrearage due, and shall state an administrative fee as approved by the city council. For any amounts due under the lien including fees and interest, the suit may be instituted and foreclosure had in the name of the city and the statement so made as aforesaid, or a certified copy thereof, shall be prima facie proof of the amounts owed. (e) Notice and appeal: (1) After the filing of lien pursuant to this Section, the City shall within thirty (30) days of the filing of the lien give the owner of the property and the