HomeMy WebLinkAbout027948 ORD - 11/18/2008AN ORDINANCE
AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS
CHRISTI, CHAPTER 55 TO IMPOSE LIEN FOR OVERDUE UTILITY
BILL; PROVIDING FOR SEVERANCE; AND PROVIDING FOR
PUBLICATION; AND PROVIDING AN EFFECTIVE DATE OF
DECEMBER 1, 2008.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. Article III of Chapter 55 of the Code of Ordinances is amended by adding
new section 55-76 to read as follows:
"Sec. 55-76. Lien for overdue payments for utility services.
"(a) Definitions. For purposes of this section:
(1) "utility" shall mean any City utility, including but not limited to water,
storm water, wastewater, solid waste, and gas;
(2) "Director" shall mean the Director of Financial Services or designee.
"(b) Authority. In accordance with the provisions of Art. 11 Section 5 Texas
Constitution, Chapter 402, Texas Local Government Code, and City Charter,
Article X Section 1 (14), the City may adopt an ordinance to impose a lien against
an owner's property, unless it is homestead property, for overdue payments for
utility service to the property.
"(c) Exceptions. This section shall not apply to homestead property as protected
by the Texas Constitution. This section shall not apply to overdue payments for
service connected in a tenant's name after notice by the property owner to the
Utilities Business Office Manager that the property is rental property. The lien
does not apply to bills for utility service connected in a tenant's name prior to the
effective date of this ordinance.
"(d) When a bill for utility services remains unpaid forty-five (45) days after the
due date on the bill, and the amount owed exceeds $500.00, and these
procedures are followed, the overdue payment shall constitute a lien against the
property served.
"(e) When lien is perfected. The lien is perfected by recording in the real property
records where the property is located a notice of lien containing the following:
"(1) a legal description of the property which is the subject of the lien;
(2) the utility's account numbers for the overdue charges, and
027948
lien for delinquent utility bill November 1 2008
INDEXED
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(3) the amount of overdue charges, including penalties, interest and
collection costs, if any, incurred upon the property as of the date of
execution of the lien.
"(f) Execution and recording. The lien must be:
"(1) executed by the Director of Financial Services and acknowledged by a
notary public of the State of Texas;
"(2) approved as to form by the City Attorney; and
"(3) filed in the deed or lien records of the county in which the property is
located.
"(q) Priority of lien. The lien is inferior to a bona fide mortgage lien that is
recorded before the recording the City's lien in the real property records of the
county where the property is located. The lien is superior to all other liens,
including previously recorded judgment liens and any liens recorded after the
City's lien.
"(h) Additional charges; correction lien. Should additional overdue charges be
incurred subsequent to the date of the original lien's execution, a correction lien
may be executed and filed, in the form provided above, fixing the additional
charges. The correction lien, when filed of record, shall relate back to the date of
recording of the original lien and shall become a part of the original lien.
"(1) Suit to foreclose. The City Attorney, at the request of the City Manager, may
file suit to judicially foreclose the lien in a state court of competent jurisdiction.
"(1) Release of lien. Upon verification that all delinquent charges which existed
against the property have been fully paid, the Director is authorized to execute a
release of the lien. The release shall be prepared and approved as to form by
the City Attorney. After execution, the Director must promptly file the release in
the deed or lien records of the county in which the property is located.
"(k) Cumulative remedies. This section is cumulative of any other remedies,
methods of collection or security available to the director or the city under the
charter and ordinances of the city or under state law."
SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase,
word or provision of this ordinance shall be held invalid or unconstitutional by final
judgment of a court of competent jurisdiction, it shall not affect any other section,
paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the
definite intent of this City Council that every section, paragraph, subdivision, clause,
phrase, word or provision of this ordinance be given full force and effect for its purpose.
SECTION 3. Publication shall be made in the official publication of the City of Corpus
Christi as required by the City Charter of the City of Corpus Christi.
SECTION 4. This Ordinance takes effect on December 1, 2008.
LIEN FOR DELINQUENT UTILITY BILL NOVEMBER 1 2008
That the foregoing ordinance was red f=first first time and passed to its second
reading on this the // `�' day of IVbVl 4h,A , 2008, by the following vote:
Henry Garrett
Melody Cooper
Larry Elizondo, Sr.
Mike Hummell
Bill Kelly
That the fo fggoing or
the ay of
Henry Garrett
Melody Cooper
Larry Elizondo, Sr.
Mike Hummel!
Bill Kelly
Priscilla G. Leal
John E. Marez
sr�y� Nelda Martinez
Michael McCutchon 717.
itance w s read for the second time and passed finally on this
2008, by the following vote:
Priscilla G. Leal
John E. Marez
Nelda Martinez
Michael McCutchon11/21
ASIL
PASSED AND APPROVED, this the R- day of UV fraVj 1. , 2008.
ATTEST:
Armando Chapa
City Secretary
APPROVED as to form:
By:
Mayor
eve h . I, 20° f
Lisa Aguilar, Assistant City Attorney
For City Attorney
027948
LIEN FOR DELINQUENT UTILITY BILL NOVEMBER 1 2008
3
EFFECTIVE DATE
.�nuv itt 1,aOO
PUBLISHER'S AFFIDAVIT
Cl K¢3K
State of Texas } CITY OF CORPUS CHRISTI
County of Nueces } Ad # 5883520
PO #
Before me, the undersigned, a Notary Public, this day personally came
JENNIFER HOBBS, who being first duly sworn, according to law, says that she
is LEGAL SALES REPRESENTITIVE AND EMPLOYEE OF THE PUBLISHER,
namely, the Corpus Christi Caller -Times, a daily newspaper published at
Corpus Christi in said City and State, generally circulated in Aransas, Bee,
Brooks, Duval, Jim Hogg, Jim Wells, Karnes, Kenedy, Kleberg, Live Oak,
Nueces, Refugio, San Patricio, Victoria and Webb Counties, and that the
publication of, NOTICE OF PASSAGE OF ORDI NANCE NO. 0279 which the
annexed is a true copy, was inserted in the Corpus Christi Caller -Times on the
11/24/2008,11/24/2008.
$ 90.93
1Time(s)
On this 2iM Hay of
is a true and an exact copy made by pu
2 /14 certify that the attached document
lat
WENNJ. MEDINA
MY CCM 15t 2, 0EXPIRES
Aug
Not Pu. 'c, State of Texas
CALLER TIMES • November 24, 2008 • Monday • 5F
NOTICE OF
PASSAGE OF ORDI-
NANCE NO. 027948
Amending the Code of
Ordinances, City of
Corpus Christi, Chap-
ter 55, to Impose lien
for overdue utility bill;
providing for publica-
tion; and providing an
effective date of. De-
cember 1, 2008. This
ordinance was passed
and approved on Its
second reading by the
City Council of the City
of Corpus. Christi on
November 18, 2008.
/s/ Armando Chapa
City Secretary
City of Corpus Christi