HomeMy WebLinkAboutOrd 616-2013 Utility LienCITY OF ANNA, TEXAS
ORDINANCE NO. 616-2013
ORDINANCE PROVIDING FOR THE IMPOSITION OF A LIEN AGAINST AN
OWNER'S PROPERTY FOR DELINQUENT BILLS FOR MUNICIPAL UTILITY
SERVICE TO THE PROPERTY PURSUANT TO ARTICLE 552.0025(d) OF THE
TEXAS LOCAL GOVERNMENT CODE.
WHEREAS, Article 552.0025(d) of the Texas Local Government Code authorizes
the City of Anna to impose a lien against an owner's property for delinquent municipal
utility bills provided that the property is not a homestead property as protected by the
Texas Constitution, and that the proposed liens are not imposed on rental property where
the tenant has incurred the delinquency and the owner has provided notice to the City of
Anna that the property is a rental property; and
WHEREAS, the City of Anna as determined that it is in the public interest to
ensure the payment of delinquent utility bills; and
WHEREAS, the City of Anna, pursuant to Article 552.0025(d), Texas Local
Government Code, from the date of this passage of this ordinance forward, may impose a
lien on the real property of delinquent municipal utility service account holders thus
ensuring payment; and
WHEREAS, the City of Anna deems it in the public interest to pass this ordinance
authorizing the imposition of liens against an owner's property for delinquent municipal
utility service bills subject to the restrictions found in Texas Local Government Code
Sections 552.0025(e) and 552.0025(f);
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL FOR THE
CITY OF ANNA, TEXAS THAT:
SECTION 1. FINDINGS. The foregoing recitals are hereby found to be true and correct
and are hereby adopted by the City of Anna and made a part of this ordinance for all
purposes and findings of fact.
SECTION 2. PENALTIES, INTEREST AND COLLECTION COSTS. In accordance
with Article 552.0025(g) of the Local Government Code, upon perfection of the lien by
filing in the real property records of the county where the property is located, the
delinquent bills subject to said property liens shall include penalties imposed by the City of
Anna, interest at a rate of one percent (1%) per month from the effective date of the filing
of the lien, and a collection cost of $50.00.
SECTION 3. EFFECTIVE DATE. This ordinance shall be effective from and after its
date of passage.
Ord. -2013 Utility Lien 1 04-09-13
SECTION 4. LIEN PRIORITY. In accordance with article 552.0025(h) the liens that
are the subject of this ordinance shall be inferior to a bona fide mortgage lien that is
recorded before the recording of the City's lien in the real property records of the county
where the property is located. The municipality's liens are superior to all other liens,
including previously recorded judgment liens and any liens recorded after the
municipality's lien.
SECTION 5. SEVERABILITY. If any provision of this ordinance is found to be invalid
for any reason by a court of competent jurisdiction, the validity of the remaining provisions
shall not be affected.
SECTION 6. OPEN MEETINGS. It is hereby found and determined that the meetings
at which this ordinance is considered are open to the public and that notice of the time,
place and purpose thereof was given in accordance with the provisions of the Texas
Government Code — Chapter 551, as amended, and that a quorum of the City Council was
present.
PASSED AND APPROVED on the 9th day of April, 2013.
APPRO D:
ayor, Mike Chi
ATTEST:
Nat a Wilkison, City Secretary
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Ord. -2013 Utility Lien 2 04-09-13
State of Texas
County of Collin
Notice of Lien
For Delinquent Bills for Municipal Utility Service
Section §552.0025, Texas Local Government Code
City of Anna Ordinance No. xx-xxxx
Pursuant to §552.0025, Texas Local Government Code, and City of Anna Ordinance No. xx-xxxx,
enacted on the 9th, day of April, 2013, notice is hereby given that the City of Anna, a municipal
corporation situated in the County of Collin, State of Texas, acting by its duly authorized representatives
and under the authority contained in said statute and ordinance, has heretofore furnished municipal
utility service to the hereinafter described properties, and that the bills for such municipal utility service
are delinquent; and the City of Anna hereby imposes a lien against said property, unless it is a
homestead as protected by the Texas Constitution, for delinquent bills for Municipal utility service to
the property to -wit:
Legal
Description
Owner According
To Tax Roll
Account
Number
Balance
Due
The City of Anna's lien shall include penalties; once percent (1%) interest per month on the
unpaid balance; and a collection cost of $50.00 for each account.
The sum of money shown as to each tract or tracts of land, as tabulated above, is due and owing
to the City of Anna has become vested with, and by this instrument does hereby perfect, a privileged
lien against the property hereinabove described, to secure the payment of the said sum stated above,
plus interest thereon a the rate of one percent (1%) per month from and after the effective date
thereof, and a collection cost of $50.00.
The City of Anna's lien shall be inferior to a bona fide mortgage lien that is recorded before the
recording of the City of Anna's lien in the Real Property Records of Collin County, Texas. The City of
Anna's lien is superior to all other liens, including previously recorded judgment liens and any liens
recorded after the City of Anna's lien.
DONE AND SIGNED BY ME, {Title of signor), in its name this the day of 2013,
by authority contained in the statute and ordinance above-mentioned.
City of Anna
By:
Phillip Sanders, City Manager
ATTEST:
Natha Wilkison, City Secretary
State of Texas
County of Collin
This instrument was acknowledged before me on the day of 2013, by
, {title of signor}, of the City of Anna, a municipal corporation, on behalf of said
corporation.
Notary Public, State of Texas
After Recording, Return To:
City of Ann
City Secretary
111 N. Powell Parkway
Anna, TX 75409